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Posted January
20, 2003
Report on the Town Council Meeting
of January 13, 2003
Reported by Lisa Bauhan
Quote
of the week: “We need to weigh all the options...there should be
ample opportunity for the public to be involved.” -- John Rudolph,
addressing the issue of zoning amendments.
[Editor’s
Note: Recent newspaper articles have said that a public hearing on the
proposed change to the zoning ordinance has been scheduled for Jan. 27th,
2003. This is NOT correct. At the present time no date has been set for
a public hearing on this issue. South Berwick Citizen will keep you posted.]
Zoning
Change and York Hospital
This
week’s town council meeting introduced South Berwick’s new interim
town manager, Jon St. Pierre. All councilors were present for the meeting,
as well as about 50 members of the public. Many people turned out in anticipation
of a vote to change the zoning ordinance.
York
Hospital has purchased a large house at the corner of Portland and Colcord
Streets (click here for a photograph),
with plans to establish a medical facility on the site, and is seeking
a change in the zoning ordinance to allow the construction of a building
that would exceed the 2,500 square foot maximum for new construction in
the B1 zone currently in the ordinance. Libraries, civic centers and post
offices already enjoy an exemption from this requirement. At its last
meeting the Planning Board narrowly voted to add medical/professional
office buildings to the list of exempt uses. (See our report
on the Planning Board Meeting, December 17, 2002.) The Town Council was
being
asked to approve the Planning Board’s action.
Many
of tonight’s attendees came prepared to speak about their concerns
regarding the impact such a vote would have on the historical character
of the town; however, during public audience Town Council Chairman David
Webster discouraged such a discussion, stating that a public hearing would
be a more appropriate venue.
Nonetheless,
Martha Sulya of the SPNEA (Society for the Preservation of New England
Antiquities) read a letter stating the Society’s opposition to buildings
with footprints in excess of 2,500 square feet, and the general fear that
such an amendment would “weaken the purpose of the existing zoning
ordinance, and (would) set the precedent for future exemption requests
from other users.” She urged the Council to reject the proposed amendment.
(See Ms. Sulya’s full letter here.)
Nicholson
Baker of Liberty St. asked the Council to “get (the issue) on the
table now and at least start thinking about it.” He said that he,
like so many others, welcome the idea of a York Hospital facility. However,
he added that “it’s troubling that the first thing (York Hospital)
wants to do is knock one of the front teeth out of Portland St. The historic
character of the town depends on that rhythm of houses.” Mr. Baker
said that if the purpose of building a facility in town, rather than on
Route 236, is due to the small-town feel and the overall historic character
of South Berwick, then hospital officials “ought to work with the
town’s characteristics and say ‘How can we help the historical
character of this town?’”
Changing
the ordinance would, in Mr. Baker’s opinion, lead to one of two things:
“Either this... will be an economic failure, in which case they will
move out and you’ll have a big building there with another set of
tenants, or it will be a big success, in which case they’ll want
to build more, and you’ll have a big health complex.”
Mr. Webster
stated that the Council was not planning to make a decision about the
ordinance tonight, which was why the public hearing was, he hoped, being
scheduled for two weeks hence. Webster reminded the audience that the
decision to tear down existing buildings was not up to York Hospital,
and that hospital officials“are willing to work with the people of
South Berwick...it would be easier to tear it down and build a big one,
but they are not 100% against maintaining the structure.” Mr. Webster
said that he had told many people on both sides of the issue to wait until
the public hearing to air their concerns.
Bill
Schummrick questioned the purpose of changing the ordinance if the intent
is to stay with the existing footprint and building. Mr. Webster reminded
Mr. Schummrick that York Hospital wishes to enlarge the existing building.
Nora
Irvine of Bennett Lot Rd. inquired as to when the Council’s vote
on the proposed change would actually take place. Mr. Webster assured
her that there would be a two week lag time between the public hearing
and the actual vote by the Council.
Councilwoman
Sue Roberge stated that she had attended the last Planning Board meeting,
and shared many audience members’ concerns. This prompted Councilor
John Rudolph to ask the Council to delay the vote in order to consider
all the options. “I feel confident in assuring everyone,” Mr.
Rudolph said, “that there will be ample opportunity for anyone ...to
have their voice heard.”
The Council
next recognized Vickie Desilets of Brookwood Dr., who stated that she
is on the Board of Directors for York Hospital, and therefore felt a need
to respond to some of the comments. She noted that York Hospital is now
seeing 1,100 patients per month at their current South Berwick facility
on Colcord Street. She added that Great Works Physical Therapy, which
was forced to relocate twice due to a lack of space, is averaging 50 patients
per day. “We’re not looking to build a facility and bring the
need there; the need is already there,” said Ms. Desilets.
She stated
that York Hospital “has gone out of its way to be a valuable part
of this community”; that two issues were being confused (i.e., the
issue of expansion vs. historic preservation), and that she did not wish
to see the latter “shade” the former, thereby preventing York
Hospital from serving the people of the community. Ms. Desilets went on
to assure a member of the audience that York Hospital would be sending
representatives to attend the public hearing.
Later
in the meeting, under New Business, Mr. Webster asked the Council to set
a public hearing date for the zoning ordinance amendment, and suggested
January 27, 2003 at 6:15 p.m. Mr. Rudolph formally asked the Council to
table this item until after a workshop could be held with members of the
Town Council
and the Planning Board, the Town Manager and the Planning Coordinator.
This was seconded by John Ford and ultimately passed. Mr. Rudolph then
read from a prepared statement, citing his concerns about the way the
recommendation to amend the ordinance was arrived at (see Mr. Rudolph’s
statement here).
He stressed that “the best decisions are reached by consensus rather
than confrontation.”
Mt.
Agamenticus
Bob
Eger of the Mt. Agamenticus Steering Committee presented a workshop to
update the Council on last year’s efforts, and to present the budget
for the upcoming fiscal year. Mr. Eger stated that during the past year
Mt. A’s trail crew performed remediation work on 10 miles of new
trails, and maintainance of 20 miles of existing trails.He added that
the coming year will see this work expand to access points in South Berwick
towards Chick’s Brook and Bennett Lot Rd. The funding for such work,
he stated, came from grants. Mr. Eger said that, thanks to 1,500 hours
of volunteer time, dumpsites have been cleaned up, vandalism is down,
and the one perpetrator of large-scale dumping had been spotted by a mountain
biker, apprehended by police, and prosecuted. Mr. Eger told the Council
that a viewing platform affording a panoramic view of the area was being
constructed by Timberland Co.
The
steering committee was asking for a $133 raise in salary for Susan Ask,
Mt. A’s coordinator. South Berwick shares the budget allocation with
the town of York. Mr. Eger added that York’s Water District would
be decreasing its monetary contribution in order to beef up its official
police presence on their portion of the mountain. He then asked the Council
for its opinion on the issue of enforcement vs. education: should Mt.
A. staff be expected to enforce the policies set forth in its charter?
Mr. Webster
asked if it is currently the coordinator’s job to enforce? Mr. Eger
replied: “No, it’s to educate. She doesn’t want to enforce
but certain people don’t buy into it. At what point do we come down
on them?”
Mr. Webster:
“What percentage of people are causing problems?”
Mr. Eger:
“Susan’s had the biggest problem lately not with ATV’s
but with dirt bikes. ATV’s have increasingly become compliant. She
finds that the dirt bikers take off; she doesn’t even have a chance
to talk with them. There are also mountain bikers who are cutting new
trails periodically because the existing [ones] apparently aren’t
adventurous enough for them.”
Mr. Webster:
“I would think that there’s a big enough problem out there,
that you should come to the town for some money, for some people to enforce
the area out there. I don’t see the coordinator as being responsible
for something like this.”
Mr. Eger
then posed the question of whether user fees should be assessed to out-of-town
visitors. He admitted that enforcing such a permit system with the existing
multitude of parking spaces would be a major challenge.
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Posted February 2, 2003
Report on the Zoning Workshop of January
27, 2003
Reported by Rachel Schumacher
Members
of the South Berwick Planning Board and Town Council met in a special
joint workshop with York Hospital President Jud Knox at 8 a.m. on January
27, 2003. The spirited gathering took place in a packed Council chamber
and was facilitated by interim Town Manager Jon St. Pierre. The meeting
was convened by Council in an effort to air the issues and foster consensus
concerning a proposed zoning change affecting the B1 downtown district.
York
Hospital owns several adjacent properties on Colcord Street--Great Works
Family Practice, the Eaton property and the historic Colcord house (ca.
1830) on the corner of Colcord and Portland streets--and hopes to build
a new medical facility in their place. Currently, South Berwick's zoning
ordinance sets the maximum footprint for new construction in this zone
at 2,500 square feet. For York Hospital to proceed with its planned medical
facility, which Jud Knox estimates will require approximately 6,500 sq.
ft. of space on each of two floors, the zoning ordinance would have to
be changed.
Following
St. Pierre's introductions, Councilor John Rudolph spoke about the decision-making
process of the Planning Board and Town Council and the importance of the
workshop. He outlined four issues that the workshop should consider:
(1)
Establishing a maximum size for exempted uses in this zone. Rudolph suggested
a 15,000-sqare feet limit might be an appropriate starting point for discussion.
(2) Enhancing
the design review process in the business zone to ensure that all new
construction would be "in keeping with the current look and feel
of our beautiful and historic downtown."
(3) Maintaining
"sight lines" that would conform to adjacent historic structures.
(4) Moving
all parking to the back of the building to preserve the character of the
Portland Street approach to South Berwick.
Planning
Board members expressed a range of opinions on these issues as well as
on the process by which they previously voted to recommend the Town approve
an exemption for medical facilities in the B1 zone. Chairman Phil Kendrick
explained that when the Planning Board set the 2,500-sq.-ft. limit on
new construction about three years ago, it considered ways to regulate
development in the downtown district. "2,500 square feet seemed like
the best judgment," Kendrick noted.
Allan
Breed suggested that they "shouldn't go ahead and change the zoning
for the applicant." [Editor's Note: No formal application has been
made for any zoning changes in the B1 district.] Jack Shipley responded
that if a change in the zoning ordinance took place, it would represent
a specific exception for medical offices, similar to the exemptions that
already exist for other municipal facilities, such as libraries, museums,
civic centers and the like. "I'd hate to see it denied," Shipley
said. "It would be best for the town in the future."
David
Burke said he voted (at the Planning Board's December 17, 2002 meeting)
to send the ordinance change to Council because he wanted to "get
the process going." According to Burke, "The final decision
was not with the Planning Board. It would require significant further
review [by Council]." Dennis Smith concurred with Burke, adding,
"If the [Planning Board] alternates were there that night, it would
have been a five-to-two vote. Once the majority has been reached, the
Board has reached a decision."
Councilor
Rudolph disagreed with Smith's assessment. Rudolph said that during the
time he served on the Planning Board-when Smith was chairman-the Board's
first principle was to reach decision by consensus. He did not recall
any narrow, 3-to-2 votes. "I attribute that to you and your leadership,"
Rudolph said to Smith. "Consensus building is a way to reach a feasible
plan in different spirits."
Discussion
ensued about whether to place more "arbitrary controls" on the
zoning ordinance. Kendrick suggested that two-story buildings be required
for new construction in the downtown core. "The last few buildings
that have gone in have been one story. This takes away from the village
and is not in character with the downtown. There is not enough guidance
by the ordinance."
St. Pierre
responded, "The ordinance, as it stands, gives people who interpret
it certain leeway. What's too much, the right amount or not enough?"
Jud Knox
began his presentation by stating, "As York Hospital, we will proceed
in whatever way the community wants. We will not injure the relationship
between York Hospital and the community."
Knox
explained that, for the last several years, the hospital has been looking
for ways to expand its services to the citizens of South Berwick. York
Hospital purchased the Eaton property, in part, because of its proximity
to the Great Works Family Practice office, which it already owned. When
the Colcord house became available, the hospital began to consider how
it might use all three properties together. Knox said that York Hospital
was unaware of the district's 2500-sq.-ft. zoning limitation when it bought
the Colcord house. He went on to say that the expanded medical facility
would increase the size of the Great Works Family Practice office, and
add facilities for physical and occupational therapy, X-ray and lab services
and a community room, as well as an area for receiving walk-in clients.
In addressing
the question of incorporating the Colcord house within such a structure,
Knox said it was impractical because of the stringent building codes required
for medical offices. He then outlined three choices facing the Town and
York Hospital:
(1)
The hospital sells the Colcord property, which could remain residential.
This would result in a smaller and more limited hospital facility than
currently envisioned.
( 2)
The hospital removes the Colcord house from the property and designs an
attractive, new façade to fit in with the community's architecture.
( 3)
The hospital removes the Colcord house but erects a new medical facility
that incorporates design features of the original Colcord house in its
façade.
Smith
asked if York Hospital would consider helping to move the Colcord house
to another location. Councilor Bob Gagne said, "That won't help.
Either you use the building or not."
Several
citizens added their perspective to the discussion. South Berwick architect,
Mike Lassel, who was hired by York Hospital in November as the architect
of record on the project, was asked to assess the building's structural
condition. Lassel reported that he and a structural engineer recently
surveyed the property and determined it could not be used in the proposed
medical facility.
When
Nick Baker asked whether the front half of the house might be incorporated
in the new building, Lassel responded: "There's vinyl siding, vinyl
replacement windows. Everything will have to be removed. Nothing will
be left of the original structure. Why not build a building that reinforces
the fabric of the downtown?"
At this
point, Knox interjected, "We're not saying the building can't be
preserved. We're saying the building can't be preserved to be used in
a medical facility."
Wendy
Pirsig argued that the issue was not just a matter of aesthetics, that
it's important to retain the "fabric"-the physical stuff-of
an historic building whenever possible. "Mike says it's a 'wreck',"
Pirsig noted, but she called for more flexibility in applying building
codes to historic structures. As a case in point, Pirsig described the
new Goodall Hospital facility in North Berwick, which is housed in a 19th-century
farmhouse.
Vicki
Desilets, Director of South Berwick social services, said, "Downscaling
really does a disservice. Be reasonable. It can work for the community
and preserve the character of Portland Street."
Nick
Baker drew attention to the line-up of historic buildings along that side
of Portland Street-from SPNEA's Sarah Orne Jewett house on the corner,
to Jewett's birthplace in the Jewett-Eastman house (the current town library),
Ham Insurance and the Colcord house. "They're all part of the fabric
of the downtown," Baker said. "We know you can do it right."
Jon St.
Pierre adjourned the workshop at 9:30 a.m., thanking all who attended
and stressing the need for all sides to communicate positively throughout
the process. He then assured participants that a consensus would be reached.
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Posted February 2, 2003
Report on the Town Council Meeting
of January 27, 2003
Reported by Lisa Bauhan
Quote
of the week: “"It is very good business for New England
towns to protect their architectural history."--Wendy Pirsig
Debate
on Zoning Change and York Hospital
In a unanimous vote, the Town Council
elected tonight to send the zoning ordinance issue back to the Planning
Board from whence it came. Referring to the joint workshop held earlier
in the day between the Council, the Board and a representative of York
Hospital, Councilor John Rudolph asked the Planning Board to reconsider
the proposed changes to the B1 district "in light of what we heard
this morning." (See the report on the morning workshop here.)
The public
was given ample time to air their views at tonight's 90-minute meeting.
Wendy Pirsig led off the discussion by pleading with York Hospital to
preserve the historical aspects of the town, and to avoid pitting town
officials "against our history." She pointed to Portsmouth's
Strawbery Banke and Berwick Academy's careful restoration of historic
buildings on its campus as exemplars of conservation. "Our tastes
in architectural beauty come and go: The bank that South Berwick thought
it needed in 1964 more than it needed three pre-Civil War stores, is now
vacant. When that went up it was considered good design." Pirsig
referred to copies of a map dating from 1872, noting that Portland Street
and the rest of the buildings are "amazingly intact." In order
to protect South Berwick from outside pressures, Pirsig recalled, town
leaders had established a footprint-size restriction. However, she suggested
that that was not enough, and cited more than 2,000 towns across the nation
that had formed local citizen's commissions. These commissions, Pirsig
said, "have worked with their neighbors to follow design review guidelines,
thereby protecting as many historic features as possible, for the benefit
of all." She reminded the Council that South Berwick's Historic District
Commission is charged with doing all those things, and that the Council
should utilize the HDC to its fullest. (The particular section of Portland
Street that would be affected by the current York Hospital project is
not currently within the jurisdiction of the HDC.)
"An Historic
District ordinance can be far more effective," Pirsig said, "than
the interim footprint ordinances that have failed us on the first try."
She called for a village-wide historic district, and for York Hospital
to lead South Berwick toward a healthy future in 2003.
Linda Becker,
a long-time resident of South Berwick, urged the Town Council to pay close
attention to the public's comments, and find ways to work with York Hospital
that do not involve either destroying the buildings or easing restrictions
against unsatisfying change. Becker quoted Robert Frost-"A poem is
a momentary stay against confusion"--and reminded the Council that
beautiful old houses have the same power.
Jeff Hoerth
recently moved to Portland Street from Marblehead, Massachusetts. He reminded
the Council that people are drawn to that town because of its visible
ties to its past, which are carefully controlled by its Historic District
Commission. Preserving the past can be a financial boon to a town, and
restoration can occur if the buildings haven't been razed. "But once
the buildings are down, they're down," Hoerth said.
Louise Stevens
of Vine Street asked whether the issue was about constructing a new medical
facility in the middle of town or about changing an historic building.
Stevens stated that the house had lost its intrinsic value due to modifications
it has undergone over the years and that losing such a building was secondary
to the benefits of a new outpatient facility.
Sarah Hoeksema,
also of Vine Street, reminded Stevens that the criteria by which historic
houses are considered worthwhile could prove to be a slippery slope. "We
can say, 'Well, this one has vinyl siding and vinyl windows, it's not
worth much, let's tear it down.' But if we let this one go, how much further
is it going to go?"
Jack Shipley
of the Planning Board stood to remind the public that "the people
who are on the other side of this" are weighing two issues in trying
to determine what is going to benefit the town. "I am not going against
the historical fiber of South Berwick," Shipley said. He went on
to laud a business that would provide not only health care but also substantial
tax revenues. He reminded the audience that York Hospital has not yet
submitted an application to the Planning Board for a major site-plan review,
but he noted that York Hospital has made it clear that it wants to work
with town residents. "How historic is historic?" Shipley asked.
"Maybe there's a possibility of moving that house to a different
location in town."
Allan Breed,
also of the Planning Board, characterized the present dispute as a false
debate. He agreed with Shipley that York Hospital is willing to work with
the Town and that the Town is indeed fortunate to be dealing with Jud
Knox and company. "I think they can have what they want, and we can
keep the house too," Breed said.
"We want
York Hospital to be here," added Nick Baker of Liberty Street. "More
importantly, York Hospital wants to be here. They've invested a lot of
money in planning this facility, and I think the problem with the house
is a very solvable thing." Based on what he heard at the informational
meeting that morning, Baker added, "Gosh, not only do they bring
some jobs but they understand what this town's about."
Martha
Sulya of SPNEA (Society for the Preservation of New England Antiquities,
owner of the Sarah Orne Jewett House) reminded the Council that York Hospital
was not the only medical group with property in the area. Referring to
SPNEA's experience with historic buildings and communities, Sulya noted
that changes or exemptions might appear innocuous at first, "but
twenty years down the road, other changes [might come along] that are
less desirable for the character of the area." In view of the different
medical establishments that might eventually compete for space in Town,
Sulya proposed a case-by-case approach, rather than a broad-based exemption.
"Someone
could go in and put a skateboard park, or a huge civic center there,"
said Vicki Desilets, Director of Social Services for the Town. "I
don't think [we're] protecting the neighborhood by not adding medical
offices. My understanding is there's no permission needed to tear that
house down. If that house was sold, the next person could tear it down."
Dennis
Smith, a Planning Board alternate, reminded everyone that York Hospital
had as much right to be here as anyone else. If it is simply an issue
of saving the house, Smith added, "I'm sure York Hospital would give
the house to SPNEA." (This elicited gasps and chuckles from the audience.)
This
prompted Nick Baker to draw a distinction between saving the house (i.e.
moving it) and saving it within the context of its historic neighborhood.
"It's the sequence that's important," said Baker, "not
just saving the house in a vacuum."
Traffic
Study Report
In other
notable action, the Council voted unanimously to expand both the membership
and the scope of the Traffic Study Committee. John Rudolph was asked to
form this committee last February, in response to growing traffic problems
facing South Berwick. The committee-comprised of Mr. Rudolph, John Ford,
Gerry MacPherson, Al Breed, Pat Robinson, Mark Gagnon and Amy Miller-has
considered three primary issues: 1) A possible bypass corridor between
Rt. 4 and Rt. 236; 2) Improvements to the Rt. 236 corridor, which were
recommended in a 1999 state study; and 3) Bike lanes in conjunction with
the Eastern Trail project.
Rudolph
reported that the bypass has dominated the agenda. But the committee is
unable to make a responsible recommendation on the issue without knowing
the origin and destination of Town traffic. The committee has approached
the Kittery Area Comprehensive Traffic Study (KACTS) committee for a grant
to obtain this data. (KACTS administers certain federal transportation
funds in southern York County.) According to Rudolph, monitors on all
the main approaches to South Berwick would record the last three numbers
or letters on license plates and match them with the vehicle's place of
registration. Knowing the origin and destination of the traffic would
suggest how effective a bypass might be in relieving the Town's congestion.
KACTS has received the committee's petition, and will vote on the grant
application at their next meeting (February 6). If approved, the origin/destination
study would be finished in May, after which the Traffic Study Committee
would need several months to analyze the results and form its recommendation.
Rudolph
noted that there are two issues facing the Traffic Study Committee: 1)
Expand committee membership to include the Comprehensive Plan update's
traffic committee (which Mr. Rudolph has also been asked to chair); and
2) Expand the scope of the committee to include truck traffic, public
transportation and other relevant topics.
A
Final Word on Casinos
In closing,
Mr. Rudolph observed that casino supporters have collected the 55,000
petition signatures required to place the question on a statewide referendum
in the fall. Surrounding towns are beginning to take steps to protect
themselves, Rudolph said, by changing land-use tables to prohibit casinos
in all zones and by sending letters to state legislators. Mr. Rudolph
urged his fellow Council members to consider similar actions.
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Posted February 16, 2003
Report on the Town Council Meeting of
February 10, 2003
Reported by Margaret Brentano
Quote
of the week: "We are now open and vulnerable to types of development
that many people in town don't want to see." --Councilor John
Rudolph, on the discovery that a maximum footprint ordinance in the zoning
laws was never legally adopted by the town council.
Questions
from Clough
In
a somewhat tense meeting, frequently interrupted by questions from the
audience, the town council met on February 10th to discuss a newly acquired
parcel of land near Bennett Road, and to approve implementing a study
of the traffic clogging downtown.
The Public Audience portion of the meeting
was dominated by a long series of questions put by former council member
Richard Clough, who spoke shortly after the Marshwood Hockey Team had
arrived in uniform to thank the board for their appropriation of $2,000
from the Vaughan Fund at their last meeting. Saying, "I don't want
to be the villain here," Clough objected to the expenditure coming
from the Vaughan Fund. "First you said there's no money and in the
next sentence we're giving money away." He told the council that
since the fund is, according to the bequest, to be used for "the
youth of South Berwick," the hockey team, with players from both
South Berwick and Eliot, was not a suitable recipient.
Historic
District Commission and Zoning
Clough also
questioned the role of the Historical District Commission in the town's
business zones, suggesting the Commission had "expanded their boundaries
without asking to expand."
Reflecting
Clough's doubts about the Historical District Commission, Councilman Robert
Gagne, somewhat later in the meeting, asked, "Do they have a charter
or an enabling act to show that they're a bona fide Commission? I'm not
saying that they're not." He defended the Council's use of Vaughan
Fund monies for a high school team, saying that the use of the fund is
"a matter of interpretation, not set in stone."
Councilman
John Rudolph spoke about the February 4th Planning Board Meeting, specifically
about the amendment to the town zoning ordinance, which was to have limited
construction in the downtown business district to a footprint of 2,500
square feet, an amendment which was discovered never to have been enacted.
"Now we find we don't have protection in place," said Rudolph.
"We are now open and vulnerable to types of development that many
people in town don't want to see." He asked Town Manager Jon St.
Pierre to "move along as rapidly as possible" in creating a
temporary solution to our current vulnerability to big box development--while
the town waits for the comprehensive plan now in committee to define a
longer term solution.
Rudolph also
recommended that "every time the council takes a vote, the motion
should be read back by the clerk." Town Clerk Barbara Bennett followed
this policy for the remainder of the meeting. Clough, who had earlier
called the composition of the Planning Board into question, objected to
St. Pierre's drafting a temporary zoning ordinance, saying, "That
sounds like special interest."
Town
Retains Land
Jon St. Pierre
described a piece of property off Bennett Road (map 3, lot 35) that the
town has acquired through its previous owner's non-payment of taxes. He
recommended that the town retain the land "for conservation,"
saying that although the property is now land locked (no road access),
and valued at about $17,000, possible future development in the area would
increase its value. He suggested that some time in the future the town
might want to trade the land for another parcel to create a green belt.
Councilwoman
Suzanne Roberge, not wanting to limit future use of the land, asked about
possible development in the neighborhood and questioned St.Pierre's use
of the word "conservation," asking, "Is this what we normally
do? It sounds like this is a vote to put it into Conservation." Former
Council member Sy Chase asked from the audience, "Has it been looked
into if adjoining properties want to pick this up?" When St. Pierre
explained "We do not know exactly what could happen up there, it
could be swapped and made part of conservation land." Chase responded
"I have problems with this conservation deal." Robert Gagne
rephrased the motion to "the town retains the property, period,"
which was approved by the board.
Traffic
Study Approved
John Rudolph
asked the council to approve implementing the study of traffic origin
and destination that the Kittery Area Comprehensive Traffic Study Committee
(see the January 27, 2003 Council
Meeting) has agreed to and will fund for $6,800, in the hope of eventually
reducing traffic through downtown. The KACTS committee, which has already
funded at least two other studies of South Berwick's traffic problems,
was at first reluctant to further assist the town, Rudolph said, describing
having to appear before them as being "like the Spanish Inquisition."
The study--a
method of analyzing traffic patterns that the town hasn't tried before--will
require the assistance of 15 trained volunteers, who will record the license
plates of vehicles passing through town. Rudolph believes that when the
causes of the town's traffic congestion are better known, then the State
will be more likely to find a solution to the problem, possibly building
a bypass from Route 236 to Route 4.
Robert Gagne
said, "I'd find out: is there a route for a bypass?" He added,
"I don't think we're going to solve a thing by putting the [study]
together." Rudolph answered, "We know that there's a need to
do something about the traffic downtown. The next step would be to figure
out where such a road would go." The motion to approve the study
was passed with only Gagne dissenting.
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Posted March 4, 2003
Report on the Town Council Meeting of
February 24, 2003
Reported by Mimi Demers
Quote
of the week: "We don't have a town meeting form of government.
It's a town manager/council form of government, with a town meeting tacked
on at the end."--Councilor John Rudolph.
Library
Planning Gains Traction
The
Town Council voted unanimously this week to exercise its option to purchase
a two-acre parcel of land on Agamenticus Road adjacent to the Powderhouse
Ski Hill, at a total cost of $150,000 (plus legal fees, not to exceed
$5,000). The property is intended to be the site of a new public library.
Councilors also accepted the appointment of an Architect Selection Committee,
a citizen group that will designate an architect to prepare a concept
drawing for the future library. This stage of the library design process
will be funded jointly by the Town and a grant from the State of Maine,
up to a maximum expenditure of $26,000. (Funds for purchasing the property
and the architectural concept will be drawn from $200,000, previously
reserved by the Town for library expansion.) Library board members Jane
Cowen-Fletcher and Cynthia Gagnon answered councilors' questions about
funding, the composition of the new committee and the architect selection
process. They were visibly relieved and gratified when the motions passed,
reflecting the library's four-year investment in the planning for a new
building.
Limits to Public Participation
There
was a lively discussion of other topics, much of it focused on the limited
opportunities for public participation in town government, particularly
during regular Council meetings and at the annual town meeting. South
Berwick resident Richard Clough asked why issues he raised at the previous
Council meeting hadn't been included in this evening's agenda. Council
Chairman David Webster explained that the topics could be discussed, but
that they weren't on the agenda because no vote was anticipated. Mr. Webster
also appeared to suggest that some of Mr. Clough's specific concerns about
the York Hospital property were either premature or had already been addressed.
The Chairman noted that York Hospital had not yet placed a formal proposal
before the planning board, and he observed that Phil Kendrick had resigned
as chairman of the planning board.
In addressing
the question of public input, Councilor John Rudolph characterized himself
as a "strong advocate for public participation." But he went
on to explain that the Town code only provides three opportunities for
the public to speak at Council meetings: during public audience, before
(not during) the discussion of any agenda item and at the end of the meeting,
just before adjournment. South Berwick resident Louise Stevens later suggested
that these instructions should be noted on future meeting agendas so the
public will be able to speak confidently at the appropriate times.
Richard Clough took issue with the way the budget is presented during
annual town meeting. He noted a tendency to lump together appropriations
for various departments under fewer and fewer articles, making it difficult
for citizens to understand, debate and vote. According to Clough, such
a process is not conducive to our "town meeting" form of government.
Councilor John Rudolph pointed out, "We don't have a town meeting
form of government. It's a town manager/council form of government, with
a town meeting tacked on at the end." Councilor Gagne agreed that
the town meeting process "is being lost," and he suggested that
a return to an earlier format would be in order.
Councilor
Rudolph went on to explain that budget warrants can be broken down into
smaller categories, but it is still "a cumbersome, unresponsive system."
Mr. Rudolph encouraged those who want to understand and influence budget
decisions to attend the budget workshops that were held in February and
the budget public hearing on March 24 at 6:00 p.m.
The pros
and cons of changing the Council meeting time from 6 to 7 p.m. also were
discussed. Mr. Clough pointed out that the meeting time should be set
for the convenience of the public, not the Council. This will be voted
on at the next meeting.
Other Business
The designation
of monies from the Vaughan Fund, a much-debated topic over the years,
was raised again. Councilor Robert Gagne, chairman of the fund, defended
the recent decision to give $2,000 to the Marshwood hockey team, explaining
that the Vaughan Fund (whose trustees are the Town councilors) is instructed
to make decisions "at its absolute discretion." Councilor Sue
Roberge suggested the Council "look at a different set of guidelines,
something more concrete." She also echoed a suggestion by Louise
Stevens to consider diversifying the Fund's assets "to safeguard
that money for the youth and the future." Town Manager Jon St. Pierre
said the Trustees would look into this.
Councilor
Roberge reported on a meeting held at the South Berwick Teen Center. The
center's staff is seeking input from Council and is interested in getting
permission to use the other end of the building-not currently in use-to
enable the facility to serve a broader youth population. Ms. Roberge said
that she recommended the Teen Center look for ways to support itself,
but Mr. St. Pierre pointed out that the center has never asked the Town
for money.
Ms. Roberge recently attended a meeting for a local farmers' market. She
said the project is still in the early planning stages, but the market
is actively seeking local growers and sellers of produce, flowers, baked
goods, eggs, meat, fish, dairy products, and so on.
Mr. St. Pierre announced that a request for bids had just been tendered
for a new fire truck, to be funded by a $432,000 grant from the Federal
Emergency Management Agency (FEMA) and $48,000 of Town money. He made
a final note of the death of Allen Sterling, a South Berwick citizen who
served for many years in several official capacities, including deputy
sheriff and animal control officer. The Council then convened a brief
executive session, followed by its ratification of the Town Manager's
appointment of Wanda Kannell as Fair Hearing Officer, a one-year volunteer
position. The meeting adjourned at 7:30 p.m.
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Posted March
31, 2003
Report on the Town Council Meeting of
March 10, 2003
Reported by Lisa Bauhan
Quote
of the week: "The (Historic District Commission) provision for
demolition is one way to say 'Let's just look at it before you tear it
down, because once you tear it down, it's gone forever." -- Nick
Baker
In a packed meeting room (relocated
to the third floor of the town hall due to a water leak in the council
chambers), the Town Council voted to table changes to the zoning ordinance
until the Comprehensive Plan update is adopted.
The proposed changes would have restricted
the size of new buildings in the business zones (B-1 and B-2) to a maximum
footprint of 2500 square foot. Demolition of any existing building in
the business zones would have been subject to a 60 day review process
by the Historic District Commission. The changes were on the books for
about two years until Interim Town Manager Jon St. Pierre recently revealed
that the Town Council never actually voted to adopt them. Councilor John
Rudolph asked the Council to hold a public hearing on the changes so that
the Council could finally vote on the measures.
When it came time for a vote Councilor
Sue Roberge moved to table the discussion until the Comprehensive Plan
update is adopted. According to Brad Christo, a member of the Comprehensive
Plan Update Committee, such an adoption is not expected to occur until
December of this year.
Councilor Rudolph argued in favor
of a public hearing, and against tabling the discussion. He asked Councilor
Roberge to withdraw her motion or, failing that, for the Council to vote
it down. Mr. Webster, however, stated that he agreed with Roberge, who
did not withdraw her motion. The motion was ultimately passed 4-1, with
Mr. Rudolph the dissenting vote.
Prior to the vote there was a lengthy
public comment period. Richard Clough of Academy St. led off by accusing
Chairman Webster of allowing Councilor Rudolph to push for inclusion of
the zoning ordinance amendment, without regard for the other Council members.
Mr. Clough contended that any amendments should be addressed by the Comprehensive
Plan rewrite, and alluded to the influence of a "special interest
group" in the current debate. He went on to accuse Mr. Rudolph of
wanting to include an amendment that would expand the town's Historic
District without following the proper procedure.
Mr. Clough asked the Council to repeal
demolition permitting procedures adopted in 2000 for the Historic District
Commission, but never properly included in the Zoning Ordinance. He stated,
"not everyone in those zones (B-1 and B-2) was notified by registered
letter that this particular change would directly affect their properties.
If the residents of those zones had been told that they can't tear down
a shed, doghouse, garage or anything else, without approval from the Historic
District Commission," Mr. Clough continued, "the hall would
be full."
Mr. Webster reminded Mr. Clough, a
former Council member, that the chairman and the town manager have the
right to put anything on the agenda that they deem necessary, "and
I take it as an insult to think that I am influenced by any one person
on this Council."
"I would hope," said Jack
Kareckas of Parent St., "that the debate that ensues could be addressed
in a generic sense and (we) stay away from personal attacks." Kareckas,
Chairman of the Zoning Board of Appeals, reminded the Council that in
a 1999 memorandum from Jim Noel to then-Town Manager Dick Brown, the proposed
revisions to the ordinances were termed 'historical.' "I consider
that a term of art, rather than pertaining to the substance of the ordinance,"
said Mr. Kareckas. "If that memo was in fact the basis of a discussion
amongst the Council and became part of the motion, however inaccurate
the description was, that's what was voted for, and that's been in effect
these many years." Mr. Kareckas went on to encourage the Council
to reconsider what was voted on back in 2000.
"I just want to clarify something,"
said Chuck Hugo of Liberty St., a member of the Historic District Commission.
"The ordinances wouldn't put the entire downtown area of B1, B2 into
the historic district; rather, you wouldn't be able to demolish any structure
without a review by the Planning Board and the HDC."
Paul Colburn wanted some basic answers
as to how the Planning Board handled the decision to amend the ordinance,
and whether it remains unresolved. "I mean, the Council did not accept
it, turn it down, or table it, so it's an open subject on the agenda.
Is that right?" Town Manager Jon St. Pierre concurred, saying, "The
ordinance came in two parts: a change to the zoning ordinance was part
A, a change to the Historic District was part B. The zoning ordinance
changes were never legally adopted: that's not even debatable. The public
hearing was not even posted properly; there was not even any mention of
zoning ordinance in any of that... That why it's on the agenda tonight."
Brad Christo of Old Fields Rd. agreed
with Mr. Hugo that the changes in the zoning ordinance specifically gives
the HDC permission to look at any proposed demolition in the B1, B2 zones,
but it didn't signify anything beyond that. "It said, 'Okay, if this
is something you're interested in doing, you've got sixty days to wait,
let's talk about it and see what the options are."
"The logic here," put in
Nick Baker of Liberty St., "is to say, we've got something good in
motion, let's get a process that just has a few little checks and balances
along the way so that we don't do something that we regret before we come
up with a Comprehensive Plan that we all can stand by."
In other Council proceedings:
A motion was passed to set aside March
24, 2003 at 6:00 PM for the Public Hearing on the 2003/2004 budget.
Interim Town Manager Jon St. Pierre
announced that due to budget cuts the Code Enforcement Office will be
closed on Wednesdays starting on March 19th.
The current Town Council meeting time
will remain at 6:00 p.m. Mr. Webster asked the other Councilors if they
wished to change the time to 7:00, but no one spoke up for such a change.
In response to citizen comments that
there are two few items on the warrant of the Annual Town Meeting, Jon
St. Pierre stated that the Town Charter requires that the budget for each
department should be presented separately. He said the budget will be
presented this way at this year's Town Meeting.
The Council approved a motion by Councilor
Bob Gagne to hold a workshop with the Police Chief about putting town
markings on town-owned vehicles.
The council approved $1250 to clarify
a portion of the border between Berwick and South Berwick. The vote was
3 to 2 with Councilor's Gagne and Rudolph opposed.
At the suggestion of Chairman David
Webster the Council agreed to bestow the title of Town Manager Emeritus
to recently retired Town Manager Dick Brown.
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Posted April 8, 2003
Budget Hearing and Town Council Meeting, March 24, 2003
Budget
Public Hearing
Reported by Mimi Demers
A
record number of residents (about forty) attended South Berwick’s
Budget Public Hearing on March 24, 2003, in the Town Hall auditorium.
Though the budget presented reflected cuts in every department, discussion
was dominated for over an hour by only one issue: the retention of the
resource officer position at Marshwood High School. This position has
been funded in the past by a federal grant which will expire at the end
of this year; future funding would have to be found within the town budget.
The majority of the residents who spoke
to the issue were strongly in favor of keeping Officer Jeff Upton’s
position. One of few opposing voices was Ruth Boston, who pointed out
that it is difficult for some residents to keep up with the higher taxes
engendered by requests like this. “Parents are not teaching right
from wrong,” claimed Boston. “There are other things we can
do before asking for more taxpayer dollars.”
But at least ten citizens, including Marshwood
High School students and staff, spoke strongly in favor of the officer.
Marshwood High School Nurse, Hilda Howell, said that Officer Jeff Upton
helps keep the climate in school "family friendly". Howell feels
there are fewer fights and less harassment because of his presence. Cheryl
Harmon, Marshwood’s guidance department head, agreed, adding that
due to Officer Upton’s presence in the school she’s "noticed
a dramatic decline in the presence of drugs and alcohol." Answering
Councilor John Rudolph’s query about whether these duties could be
performed by others, Mrs. Harmon pointed out that Mr. Upton is able to
fulfill a legal function. "No one else [at Marshwood] has that kind
of authority", Mrs. Harmon replied. She also commented that the connections
he makes in school carry over into the community, a sentiment that was
echoed by several others.
Marshwood High School student Katie Krauss
said that the resource officer helps students feel more secure in school.
"Some students have a hard enough time in school; not feeling safe
makes it that much harder," said Krauss.
Marshwood student Renee Collins said she
agreed with the speaker who commented on parents’ responsibility
for teaching their children right from wrong, "but kids who don’t
have that [kind of parenting available to them] shouldn’t be punished."
Other citizens offered comments and ideas.
Low interest loans, other state monies or grants, or fundraising efforts
were all suggested as “creative” solutions to help find the
money needed to keep the resource officer. Resident Kathy Gunst suggested
looking at other possible sources of money for funding the position, adding
“everyone in the community should be concerned … the drug problem
will spread.” She felt that keeping the Resource Officer at Marshwood
may well take precedence over other expenditures, even road paving, “If
Officer Upton’s presence reduces drug use,” said Gunst, "than
his position should be taken very seriously…this is something everyone
in the community should be concerned about." Council Chairman David
Webster stated, "I’m sorry there’s a drug problem... but
(having a police officer in school is) a band-aid . . .we need to do something
as a society."
Officer Jeff Upton was also present at the
meeting, and was asked about his role in handling discipline problems.
He explained that the vice principal has been, and still is, "the
first line of defense", but that he himself can explain the legal
ramifications around issues like motor vehicle violations, illegal substances,
and weapons.
Local police officer Chris Burbank pointed
out that Officer Upton is not only used at Marshwood High School, but
also performs the duties of a regular police officer, routinely being
pulled out of the school to handle calls concerning town issues. (Officer
Upton spends fifty percent of his time as the Resource Officer at Marshwood
High School and the other fifty percent of his time on routine South Berwick
police work. South Berwick currently has seven full-time police officers.
If Officer Upton is let go the town will have only six full-time officers.)
"Instead of working out of the P.D.,”
said Officer Burbank, “he [Upton] works out of the school. We focus
our patrol areas in areas of highest population...and Marshwood High School
has a population of almost a thousand during the school day. I see him
most importantly as a police officer who handles calls.”
Chairman Webster said the Town Council has
discussed this issue at every one of their many budget workshops, and
that they have been in touch with the school board. He indicated that
the Town Council would once again review the issue.
Town
Council Meeting
Reported by Margaret Brentano
The Budget Meeting
was followed by a brief Town Council Meeting.
Opening the Council Member's Reports segment
of the meeting, John Rudolph reminded Chairman David Webster that at the
last meeting "there was an accusation that you, Mr. Chairman, and
the Town Manager were being unduly influenced and that I was the individual
unduly influencing you." Paraphrasing the town code, Rudolph said,
"No member of the Town Council may indulge in personal attacks or
comment."
Although the public is not bound by this
code, Rudolph said, he hoped the members of the public would show some
respect and consideration, adding, "There is no place in this community
and this body for personal attacks."
Suzanne Roberge announced that the committee
planning the new library had narrowed its search to two possible architects
for the new building.
The council agreed to schedule a public
hearing to discuss granting a liquor license to Cafe Brio on April 14th.
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Posted April 8, 2003
Update: Police Officer Position to
Be Funded
At
the final budget workshop held on April 3, 2003, Interim Town Manager
Jon St. Pierre proposed that the School Resource Officer position be retained.
The position will be renamed Community Resource Officer to reflect the
fact that Officer Jeff Upton will be spending less time at Marshwood High
School than he currently does. The position is being funded with no increase
to the proposed town budget.
The Town Council agreed with St. Pierre’s
proposal, and will vote to recommend the budget at its regular meeting
on April 14, 2003.
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Posted April 17, 2003
Report on the Town Council Meeting of
April 14, 2003
Reported by Margaret Brentano
On
April 14th, the Council passed the Town Manager's proposed 2003/2004 budget
and granted Cafe Brio, a restaurant soon to open on Main Street, a liquor
license.
The meeting was well attended, with an audience
of about 30.
Several members of the public, including
Tim Hall, proprietor of Flynn's News on Main Street, and Paul Fopeano,
of The Academy Street Inn, spoke in favor of allowing the new restaurant
to serve alcohol. Mr. Fopeano said he thought the restaurant would help
make S. Berwick "a destination point," and that the liquor license
was "almost necessary" to his clientele.
Elita Galvin, a lifelong resident of South
Berwick, was the only member of the public to speak in opposition to granting
the license. "I think our downtown is great as it is," Galvin
said. Even though she thought "the restaurant is a fantastic idea,
I don't think alcohol is a good idea in the downtown. There's a lot of
foot traffic, a lot of schools and churches."
The council passed Councilor Gagnon's motion
to grant the license unanimously after a brief discussion. Councilor John
Rudolph asked Town Manager Jon St. Pierre to clarify for the town why
this license was being granted when a previous application had been denied,
and when to his knowledge no previous downtown establishment had ever
sold liquor.
St. Pierre replied that the town was following
licensing guidelines established by the state, all of which Cafe Brio
had met. It will a sufficient distance from schools and churches, its
two owners, Christine Prunier and Linda Robinson, had undergone extensive
background checks, and that in fact Wadleigh Gardens, also on Maine Street,
had had a full liquor license.
Councilor Suzanne Roberge said she had been
concerned about the back door to the restaurant, "knowing what that
alley is like," but had been quite satisfied with "the secure
locking system" she had found in place there. Christine Prunier described
the security: a steel door has been installed, locks changed, debris behind
the restaurant that might have provided access through windows has been
removed and security lightning installed.
Before voting to pass the Manager's budget,
John Rudolph wanted to clarify for the town, and especially for those
who have been privately fundraising, that the community officer position
has been fully funded for next year. Robert Gagne said, "I don't
see there's any prohibition against accepting money." Rudolph agreed: "If
anybody wants to donate money to the town for any purpose, that's fine."
But he wanted potential fundraisers to know that any money they raise
would be above and beyond what the town has already allocated to the position.
The Annual Budget Meeting (the Town Meeting)
will be held June 2nd, 2003.
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Posted May 17,
2003
Report on the Town Council Meeting of
April 28, 2003
Reported by Margaret Brentano
The
town of South Berwick has grown so much a bypass is not a likely possibility,
according to South Berwick Public Works Director Tom Oliver. Appearing
before the town council on April 28, Oliver said he had two other suggestions
for solving South Berwick's traffic problems.
"As the town has grown the likelihood
of a bypass has faded," Oliver told the council.
Oliver's first solution was to close
the passage between Academy Street and Route 236 near Marshwood Middle
School. This opening is often congested, and Oliver suggested replacing
it with two access roads that would be built about 280 feet from the existing
entrance, one nearer town to create an outlet for Berwick Academy's buses
and other vehicles, and the second at the southern edge of Marshwood Middle
School. Oliver stressed that this is a preliminary plan and the town "will
need to do the engineering and check the feasibility."
Oliver's second presentation, which
he described as "just a suggestion," was to convert the traffic
pattern on the north side of town into a continuous one way loop. The
new route, which would begin as a split in Route 4 just south of the golf
club, would direct traffic south through existing town roads and a new
road to be constructed on town-owned land, down Norton to Main Street,
then to Portland, which would run one way North back to the split on 4.
This one way loop would end the need
for a traffic officer and for traffic-clogging stop signs, Oliver suggested.
He said he had envisioned this plan "as a way to alleviate congestion
in town."
Town council member David Webster
noted, "You've given us a lot to digest." Webster agreed, "Academy
by the Middle School is a real big problem and so is the traffic in town."
Council member Suzanne Roberge asked
if anyone had asked residents on the affected streets for their reaction.
She wondered particularly about the Main Street merchants, since Oliver's
plan calls for Main Street from Norton to Portland to run one way.
Council member John Ford was enthusiastic
about Oliver's one-way loop, saying "I like the way you're thinking
about this!" He said the plan reminded him of the layout of rural
towns in England and Scotland that had similar traffic patterns: "I
think they call it 'traffic calming,' it seems to work quite well."
Council member John Rudolph, who has
worked on committees attempting to alleviate South Berwick's traffic problems,
asked: "What problem do you see this solving?"
"It would shorten the time anyone
has to travel through town without increasing their speed," Oliver
said. " Now half the traffic is sitting still (waiting at intersections).
Rudolph wondered if it would help residents or commuters driving through
town.
"Is that what people are really
complaining about?," Rudolph asked. "People who are driving
through South Berwick would probably appreciate it, but what would this
do for the people living in town?"
Oliver said that people would perceive
the traffic as less if it weren't stopped, and the plan would reduce traffic
traveling up Main Street to 236 towards Berwick.
"Realistically a bypass is 15
years away," he said. He thought his plan could be accomplished in
less than five years for less than $5 million. "If you don't do something
in the next few years, you'll have gridlock." he said.
Rudolph said he hoped any plan adopted
"would include narrowing some streets and putting in trees so people
wouldn't perceive them as one-way raceways."
Debate
Over "Most-Endangered List" Nomination
The meeting took an angry turn when
it was opened to the public. Richard Clough of Academy Street asked to
poll council members on their reactions to the application
to Maine Preservation to place Portland Street on Maine's Most Endangered
List. Clough was vehemently opposed to submitting the application.
Webster said he wouldn't put the councilors
on the spot by polling them, but said he believed names had been added
to the petition "under the guise of deception."
Rudolph said, "I have been aware
of this effort since it began. I can't imagine anybody would have been
asked for their name before reading it."
Rudolph also objected that Webster
was "impugning the reputation" of Wendy Pirsig, one of the main
organizers of the application campaign, Webster noted that "three
people have withdrawn their names." He also said that, "If [Pirsig]'s
going to represent something under devious means, I'm going to call her
on it."
Wendy Pirsig, who was not present
that evening, has written a letter
in response to Webster's criticism.
Councilor Robert Gagne objected to
the fact that Rudolph had seen the application before the rest of the
council. "If you get a letter we don't get, I don't like that,"
Gagne said.
Rudolph insisted, "I don't have
to share every piece of correspondence."
The meeting ended congenially, with
Rudolph calling for volunteers for the traffic origin and destination
study to be conducted in late May, and talk of both the upcoming Strawberry
Festival and Hike through History.
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Posted June 26,
2003
Report on the Town Council Meeting,
May 27, 2003
Reported by Lisa Bauhan
A town resident has asked the South Berwick
Town Council to review the legal status of the zoning ordinance that would
have prohibited York Hospital's plans to build a large medical facility
at the corner of Colcord and Portland streets.
At a meeting of the Town Council on May
27, Nicholson Baker of Liberty Street called the Council's attention to
a letter he had written them, and delivered that day, asking the Council
to review the legal status of the 2,500-square foot footprint ordinance
for buildings in the B1, B2 and B3 zones.
Councilors indicated they had not had the
opportunity to read Baker's letter, which had just been delivered that
afternoon. Initially, York Hospital thought it would have to work around
the 2,500 square foot limitation. But earlier this year Acting Town Manager
Jon St. Pierre determined that the ordinance had never been, "legally
adopted, and therefore does not exist."
The ordinance, Baker noted, was, "made
to disappear, without any vote taken by the Town Council, on the strength
of a brief January 31, 2003 memo by Jon St. Pierre to (Planning Board
Coordinator) Kathy Delp."
Baker claimed in his letter
that simply saying a law doesn't exist doesn't necessarily make it so.
Later in the meeting, Councilor John Rudolph
said he was pleased with the turnout for a public hearing May 14 concerning
the demolition of the Colcord House and construction of the new medical
facility. But Rudolph said he was troubled by the division of townspeople
over the issue. Rudolph said he hopes the pending update of the town's
comprehensive plan will help bring together the disparate factions, and
that his fellow council members will join him in speedily enacting the
recommendations of the plan's authors.
Also at the May 27 council meeting, councilors
agreed to table action on two appointments to the Historic District Commission.
Councilor David Webster said he needed to review the bylaws and asked
the Council to table the applications of would-be members Sarah Hoeksema
and Dan Boyle, both of 22 Vine St, until the Council holds a workshop
with the HDC.
If appointed, Hoeksema's term would expire
in June 2004, and Boyle's term as an advisory member would expire in December
of this year. The HDC now has five members: Allan Breed, Sheryl Johnson,
Kristine Roberge, Patrick Bauhan, and Charles Hugo. Its charter allows
for seven regular members, plus advisory members. All positions are voluntary,
and appointed by the Town Council.
Webster expressed irritation with the HDC
but said the South Berwick Planning Board was also being asked to participate
in a workshop, so that the HDC, "shouldn't take it personally."
Councilor John Rudolph asked Webster his
reasons for tabling the appointments. "If they're under the authorized
level now, why not put them (Hoeksema and Boyle) on and then have the
workshop?" Rudolph asked. Councilor Robert Gagne then made a motion
to table the nominations, which was seconded by Councilor John Ford. The
motion passed 4-1. Rudolph was the lone dissenter.
Also at the meeting, Rudolph pointed out
that Verizon Long Distance has offered to donate 5 percent of every monthly
phone bill payment to local schools. "We could be talking thousands
of dollars here," Rudolph said. Those who wish to sign up may phone
Verizon toll-free at 1-877-895-7974 with the name of their favorite school.
Councilor David Webster reviewed a letter
written by Lee Emery of the Department of Transportation, who announced
that the bridge on Route 236 over the Great Works River will be resurfaced
this summer. Work will start July 7 and continue for seven weeks. During
construction the bridge will be limited to one lane, controlled by temporary
traffic lights at either end.
Since this will add to traffic problems
on adjacent side roads, the town will ask for additional state monies
to add extra police patrols during that period, Webster said.
Town councilors also agreed at the meeting
to relocate a speed bump from the corner of Highland Avenue and Paul Street
to the corner of Highland and Union Street. The high rate of traffic on
Highland Avenue led the town to place two speed bumps on that road within
25 feet of each other at the top of Paul Street. At the request of Bob
Lane, a resident of Highland Avenue, St. Pierre asked the Council to relocate
one stop bump to the intersection of Highland and Union, to force drivers
to stop there as well. The relocation of this speed bump would cost the
town nothing, said St. Pierre, and would help to slow the speeders.
Councilor John Ford suggested making Highland
Avenue one way from Portland to Union, to discourage traffic from the
Navy Yard. Resident Richard Clough suggested making the street one-way
during certain hours of the day.
The question of enforcement was raised,
with no clear response from the Council.
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Posted June 26,
2003
Report on the Town Council Meeting,
June 16, 2003
Reported by Lisa Bauhan
Conflict
of Interest?
The Council, minus the absent John Ford,
voted to table developer Andrew Patterson’s reappointment to the
Planning Board until the Council has had an opportunity to question Mr.
Patterson about the possibility of a conflict of interest. John Rudolph
raised concerns about Patterson’s “questionable standing in
reference to a number of items that have come before the Planning Board.”
Patterson, whose proposed subdivision on Belle Marsh Rd. is represented
by Civil Consultants, has recused himself from voting on issues that deal
directly with the subdivision. However, according to Mr. Rudolph, Mr.
Patterson remains active on issues that could directly affect his proposal,
such as votes on sidewalks for new subdivisions, phasing of subdivisions,
building permit caps and developer review of projects by outside firms.
In addition, as Civil Consultants also represents a number of proposals
before the Planning Board. “This, I believe, constitutes the appearance
of a conflict of interest,” stated Mr. Rudolph, citing Maine
Law Title 30A, Part 2605, paragraph 6, which states, in part, "every
municipal and county official shall attempt to avoid the appearance of
a conflict of interest by disclosure or by abstention."
“By not abstaining from these other
proposals put forth by Civil Consultants, with whom Mr. Patterson has
a business relationship,” Mr. Rudolph continued, “and by not
abstaining from discussion of issues that affect all subdivisions in town
and that could affect his subdivision in particular, this constitutes
a conflict of interest.” Mr. Rudolph went on to cite the same law
(Title 30 A, Part 2605, Paragraph 4): "In the absence of actual fraud,
an official of a body of the municipality, county government or a quasi-municipal
corporation involved in a question or in the negotiation or award of a
contract is deemed to have a direct or indirect pecuniary interest in
a question or in a contract where the official is an officer, director,
partner, associate, employee or stockholder of a private corporation,
business or other economic entity to which the question relates or with
which the unit of municipal, county government or the quasi-municipal
corporation contracts only where the official is directly or indirectly
the owner of at least 10% of the stock of the private corporation or owns
at least a 10% interest in the business or other economic entity."
“I would argue that Andrew Patterson
is an associate of Civil Consultants,” said Mr. Rudolph, “with
an identifiable business relationship with Civil Consultants that could
color the way he votes on applications that are represented by Civil Consultants
. . . and we need to have a discussion with him to clear up these questions.”
Noting that the same law further states that ‘the vote of a body
is voidable when any official in an official position votes on any question
in which that official has a direct or indirect pecuniary interest,’
Mr. Rudolph cautioned the Council: “We do not want to get ourselves
into a situation where Planning Boards are taking votes on proposals in
good faith, and those votes are then voided because one member has not
properly disclosed his relationship and has not removed himself from the
discussion on that application.”
Sue Roberge agreed that “there are
concerns; it’s what you hear out there.” She added that Mr.
Patterson “is not there a lot, so we would have to go back and look
at whether he was at those meetings when the decisions were being made.”
Bob Gagne felt that Mr. Patterson should be appointed and then given the
chance to resign if in fact he was found to have a conflict. Mr. Rudolph
responded that once you appoint someone, “the horse is out of the
barn, and we have a responsibility as the Council . . . to ask questions
before we vote, not after.”
“I wish that if you had some problems
with Andrew, it had been brought before the forefront before tonight,”
said Mr. Webster. “I think he’s been honest enough to recuse
himself. And if you’re gonna beat on Andrew you’re gonna beat
on Tom, and they put a lot of time into the town, and just because they
have a business, I don’t think it’s fair to say they can’t
serve.” [Editor’s note: Tom Harmon, owner of Civil Consultants,
serves on both the Sewer Board and the Building Committee.]
Bob Gagne opined that this issue should
have been discussed in executive session, away from the ears of the public
as “it’s a personnel issue.”
“It ‘s not a personnel issue,
it’s an appointment to a public board, he’s not a town employee,”
said Mr. Rudolph. “What better time to evaluate people than when
they’re up for reappointment? Further, this has nothing to do with
Tom Harmon, I want to make that crystal clear, and to pull him into the
conversation like that . . .”
“Well you named him,” said Mr.
Webster.
"I specifically did not name him, I
named the company he has; this is not about him, not about the individual,.”
said Mr. Rudolph.
The motion to reappoint Mr. Patterson to
the Planning Board was initially 2-1 against; Mr. Webster, after some
hesitation, brought it to a tie. The council then voted unanimously to
table the appointments. The other two reappointments to the Planning Board,
David Burke and Dennis Smith, were also tabled. Mr. Patterson will be
invited to meet with the Town Council on Monday, June 23rd at 4:00 pm
in Jon St. Pierre’s office. The public is allowed to attend although
not allowed to speak.
Ordinance
or no ordinance?
Nicholson Baker of Liberty St. thanked
the Council for responding to his letters
re: the 2,500-sq. ft. footprint ordinance but reiterated that serious
problems may arise if a town ordinance isn’t required to be voted
out via the same process that allowed it to be voted in. “I don’t
think that the Town Council has, in fact, revoked or amended that ordinance,"
said Mr. Baker. As it stands right now, Mr. Baker continued, “there’s
a law on the books” that restricts new buildings (with the exception
of schools and municipal offices) of over 2,500-square feet, and according
to lawyers that Mr. Baker consulted, if an item has been allowed to stay
in the code for two years, “it’s a standing law.”
Further, Mr. Baker added, “if
a law can be questioned in a court by saying that this was actually on
the books when the application came in and it never was voted out, then
you have a potential legal problem with the underpinnings of (York Hospital's)
application.”
Bob Gagne voiced his opinion that
the ordinance in question was never accepted by the Council; rather, he
said, the ordinance was printed in the code by mistake, and was never
rectified by the Council. Mr. Baker referred the Council to Maine
Statute Title 30-A, Section 3004 (which clearly states that it applies
to municipalities) that says in part "when adopted the revised code
becomes law and is admissible in all courts without further proof as prima
facie evidence of its existence and validity."
“That’s what (we’re)
saying, that the code was never adopted but was erroneously put into the
code book thinking it had been adopted,” said Mr. Webster. In addition,
Mr. Webster continued, “we talked to our legal department and he
said that we were in the right with what we did, so that’s what we’re
going by.”
“Did he give you any document
to back up what he said?” asked Mr. Baker.
“It was a verbal . . . I think
he grasped the facts that were presented before him, one of which was
the fact that it had been in the code book.”
What about the review by the Historic
District Commission? Mr. Baker reminded the Council that put a moratorium
on any demolition in the B1, B2 zones and in the Historic District? “That
was part of that package of amendments to the code that was forwarded
from the Planning Board... you have determined that that part of it was
legally enforced, but the part that wasn’t legally enforced was the
part that wasn’t specifically discussed, or recorded in the minutes
properly . . . ?”
John Rudolph suggested that the Council
revisit the chain of events that allowed such an important mistake to
occur. He questioned how so much language, so detailed and so specific,
was entered into the zoning ordinance without the Council acting on it.
Stating that “words don’t miraculously appear in the zoning
ordinance,” Mr. Rudolph added, “regardless of how you feel about
the 2,500 sq. feet . . . you have to really hope that that won’t
happen again. But it will happen again unless we have an understanding
of what happened in the first place.”
Mr. Rudolph also asked both Mr. Webster
and Mr. St. Pierre to produce a “well-thought-out legal opinion”
to counteract any future legal challenges to the ordinance, saying that
the town’s legal standing would be better served with a written opinion
from the town’s attorney. “Given what’s at stake here,”
Mr. Rudolph said, “it would be much wiser on the town’s part
to have written documentation, because let’s say . . . this same
issue comes up in the B1 zone, and somebody does decide to challenge the
Planning Board’s action in court. For the Town manager to stand up
in court and say, ‘Well, I had a conversation with the town’s
attorney over the phone, and told him what documents I had in front of
me, and he told me, well, based on that this law doesn’t exist,’
I don’t think that that’s a very strong case.”
Mr. St. Pierre stated that, typically,
if the town’s attorney (Chris Vaneotis) wants more information, he
tells you; otherwise, he just renders a quick decision. “He said
that this is a clear conclusion, you have no ordinance. So based on that
. . .”
“And based on the minutes of
the meeting,” added Mr. Webster.
“I understand that it was a
conversation over the phone but I felt pretty confident,” Mr. St.
Pierre finished.
Richard Clough of Academy St., stated
that Title 30-A, Section 3004 applied to the state, and not to town ordinances.
There was no response from the Council to his statements.
New
Business
In other new business, there will be
a public hearing on June 30th at 6:15 pm. The intent of the hearing is
to (1) extend the downtown parking restrictions from one to two hours;
and (2) to vote on the installation of stop signs at the intersections
of Mill Stream Rd. and Beaver Dam Rd., and High Knoll Rd. and Cottontail
Rd., both in Old Mill. The public is invited to speak on these issues.
And finally, non-union town employees
are seeking amendments to the personnel policy, to match benefits of their
unionized counterparts. Beverly Hasty, South Berwick’s Personnel
Benefits Administrator, stated that, in the history of the town, unionization
has been discouraged; however, when non-cost benefits such as sick leave
can be matched to union policies, the town tries to do so. In tonight’s
vote, the Council tabled the issues of sick leave, mileage and tuition
reimbursement, but agreed to address health benefits and the 457 retirement
plan. In a unanimous vote, the Council agreed to reduce health insurance
benefits to pay 100% for the employee, and 90% for the employee’s
family (currently, it is 100/100), and to establish as 5 1/2% the amount
the town will match an employee’s annual retirement savings.
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Posted September 4, 2003
Town Council Meeting, June 30, 2003
Reported by Mimi Demers
Quote
of the week: "Welcome aboard, Jon."--Council Chairman David
Webster, in recognition of Town Manager Jon St. Pierre's permanent appointment.
About twenty residents attended the June
30 Town Council meeting to discuss several issues, including stop signs,
sprinkler systems in new houses, and the transfer of funds to cover unexpected
budget overruns. The Town Manager and all councilors were present, except
for John Rudolph.
Special Budget Meeting
Resident Tom Harmon moderated a special
budget meeting preceding the regular Council meeting. In a series of articles,
councilors unanimously approved the transfer of $56,000 from unappropriated
general funds to cover overdrafts in the highway department budget (for
snow removal) and to take care of certain contractual items incurred with
the departure of former town manager Dick Brown (for sick leave and vacation
time). Resident Albert Roberge expressed his displeasure with the proceedings,
asking, "What's the purpose of a budget if it's not going to be followed?"
During the regular Council meeting, additional
transfers were made from unappropriated surplus funds to cover overages
in several other budget areas, including firefighting, police and dispatch
expenses, and repairs to the town hall and garage. Council also approved
the creation of a special fund comprised of revenues from recycling sales
(currently in excess of $25,000) and revenues from collected disposal
fees (more than $15,000), which will be used for matching recycling grants
or other purposes.
Public Traffic Hearing
During a posted public hearing that also
preceded the Council meeting, two changes to the traffic ordinance were
discussed. Resident Ralph Stevens questioned the rationale behind the
proposed addition of a three-way stop at the intersection of Millstream
Lane and Beaver Dam Road. Stevens said that such traffic-calming measures
waste energy, cause pollution and wear and tear on vehicles, and gain
nothing. "We have the police to deal with speeding problems,"
he said. But neighborhood resident Rob Baker raised safety concerns and
pointed to the large number of children in the area. "I'm willing
to put up with a little more pollution if it means saving a life,"
Baker said. His neighbor Mike Williams agreed: "Cars are not driving
the speed limit. (Stop signs) will knock down the speed on the road. This
is a significant safety issue." The Council unanimously approved
the installation of the proposed three-way stop.
Councilors tabled another proposal to change
the parking limit downtown from one hour to two hours after Councilor
Sue Roberge suggested that not enough public input had been received.
Sprinkler Systems and the Law
A lively discussion was generated when the
subject of required sprinkler systems in new housing was raised. South
Berwick is the only town in Maine with such a law on the books. Resident
Geri Hilton said the costs incurred by the installation of a sprinkler
system were higher than she had been led to believe. "This is quite
a burden if you're building a new house," she said, and requested
the Council revisit the issue. Resident Rheinhold Holton has spent time
researching the subject and suggested the Council should have done the
same before passing the ordinance about a year ago. Holton noted that
residential sprinkler systems make more sense where houses are situated
in close proximity, to prevent fires from spreading. He also said that
insurance companies would not pay for water damage caused by faulty sprinkler
systems. "Maybe the Town would need to cover this cost since it was
the Town that laid the burden on the homeowner," Holton added. Albert
Roberge asked how much public input the Council received before putting
this law on the books. Chairman David Webster said, "We've been talking
about this for years. We can't be held responsible for an under-attended
public hearing." Webster acknowledged that the law "may not
be perfect," but he defended the Council's actions saying, "If
one life is saved, then it's well worth it." He suggested citizens
file a petition if they're unhappy about the law. Councilor Robert Gagne
provided some specifics about the petition process.
Other Business
Planning board members David Burke, Dennis
Smith and Andrew Patterson were reappointed to their positions in a motion
that was tabled at the last meeting due to possible conflict-of-interest
issues concerning Mr. Patterson. These concerns apparently were addressed
to most councilors' satisfaction at a workshop held the previous week
between the Council and Mr. Patterson.
The liquor license for The Links at Outlook
was renewed without discussion. Ms. Roberge acknowledged the South Berwick
Garden Club for their beautification work by the post office. Several
members expressed their appreciation for the volunteer effort and community
spirit behind another successful Strawberry Festival. Former council member
Cy Chase was presented with an engraved rocking chair in thanks for his
years of service to the town.
Jon St. Pierre, who has been serving as
interim town manager, was appointed town manager with little fanfare.
"Welcome aboard, Jon," said Chairman Webster.
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Posted September 4, 2003
Town Council Meeting, July 14, 2003
Reported by Margaret Brentano
The
July 14th Town Council Meeting was dominated by a discussion of the town's
revised building code, which mandates ceiling sprinklers in new house
construction. The meeting was well-attended, with an audience of about
30, many of whom had come to speak against sprinkler installation, with
all councilors except vacationing Robert Gagne present.
The requirement for sprinkler systems was
enacted as part of the building code revision passed by the council in
2002. The systems are expensive, according to the several members of the
audience adding almost $10,000 to the cost of construction. Reinhold Holton,
town citizen, pointed out that the requirement has been unfairly administered.
"To my knowledge there are three modulars going up that don't contain
sprinklers," he said. Council Chairman David Webster said that the
Council had given the modular companies a six month "moratorium"
on sprinkler installation. Tom Howarth, a builder, said, "I could
lose a job" over the difference the price of sprinklers would make
to a potential customer.
Mr. Holton also observed that this is the
only town in Maine that requires the sprinklers. "South Berwick is
NOT the cutting edge of society," he said.
Walter (Junior) Roberge asked,from the audience,"Where
does this idea come from, who was the genius that suggested it?"
David Webster answered that it was former
Town Manager Richard Brown.
There was a suggestion from the audience
that the requirement had been added to the town code in an effort to limit
growth.
Town resident Richard Clough, after explaining
that he had been reading the minutes of the meetings that led to its passage,
objected to the way the entire Building Code Revision of 2002 was passed.
He said the code had been "replaced not revised" and cited a
number of procedural errors in its passage, including that it had never
appeared as an item on the meeting agenda, that there hadn't been a first
reading, and that there was no record of a workshop in which it was discussed.
George Gray, a town resident asked, "Does
anyone remember why the sprinkler ordinance was enacted? Normally sprinkler
systems are put in to save assets; smoke alarms are to save lives."
Councilman John Rudolph made several attempts
to set up a committee to evaluate the purpose and necessity of installing
sprinkler systems, but he did not receive the necessary votes from his
fellow councilors to pass the motions. He tried to separate any potential
legal problem with the enactment of the law (which occurred before he
joined the council) from the question of the merits of the sprinklers.
John Ford said, "I agree with separating the issues, we need immediacy
of remedial action." Both Rudolph and councilor Suzanne Roberge inquired
into the possibility of imposing a moratorium on the law, to free people
currently building homes from this obligation until a final decision could
be reached, but Richard Clough from the audience reminded the council
that town code |