SOUTH BERWICK TOWN COUNCIL
March 10, 2008
Chairman Suzanne Roberge called the meeting to order at 6:45pm. Those present included Councilors Robert Gagne, Michelle Kareckas, Jean Demetracopoulos, and David Burke. Town Manager Jeffrey A. Grossman was also in attendance.
APPROVAL OF MINUTES
1. Public Hearing (Comp Plan), Board of Assessors, and Town Council 2-25-08: On a motion by Mrs. Demetracopoulos, seconded by Mr. Burke, it was unanimously voted to adopt the minutes as written.
SIGNING OF TREASURER'S WARRANT – March 10, 2008
On a motion by Mrs. Demetracopoulos, seconded by Mr. Gagne, it was unanimously voted to sign the warrant.
COUNCIL MEMBER COMMENTS
1. Ms. Roberge:
-Thanked everyone that contributed to the 100 Days program. Over $500 was raised for the food pantry.
-Met with SAD #35 & Eliot Chairs. They have not seen the proposal for fibre optics from Scott Bourgoin. She added that she will invite them to the Council/Water/Sewer meeting.
-Asked if the subcommittee on noise had any minutes. Mrs. Kareckas stated that they have not been written yet.
-The MDOT meeting regarding Great Works Bridge has been rescheduled for April 3rd.
-Has tentatively scheduled a solid waste workshop for March 18th.
-Stated that at a prior meeting she was asked by Councilor Burke why she was uncomfortable with phone discussions. She mentioned that not everyone attended the recent Boardsmanship workshop; and if they had she would not have to comment on the issue now. She stated that phone discussions should be limited to scheduling issues and little else. She added that conversations are misconstrued and some members felt that they were building a consensus.
2. Mrs. Demetracopoulos:
-Stated that now that the appraisal is in on St. Michael’s, the appraisal and other studies should be reviewed and forwarded to the building committee. She suggested holding a workshop and then a public informational session. Consensus was for the Council to hold a workshop with the building committee.
-Made note that the Police Association has requested that the collective bargaining process begin. She asked who is responsible for handling the negotiations. Mr. Grossman stated that in the past it has been the manager.
3. Mr. Gagne:
-Stated that the manager has been responsible for the negotiations in the past and it should continue to be the manager.
-It is wrong and illegal for more than two councilors to discuss any town business by phone or email.
-The highway crew has been doing a great job this winter.
4. Mrs. Kareckas:
-Asked for a budget audit workshop.
-Stated that the subcommittee met on February 29th. They discussed traffic speed and noise. Will have the minutes in this week’s packet.
5. Mr. Burke:
-Asked for an executive session to discuss the appraisal on St. Michael’s.
-Stated that he feels there is a lot of gray area with the Right-To-Know law, especially in regard to executive sessions. He stated that without the ability to communicate outside the public arena there will always be the possibility of miscommunication. He added that, even a few years ago, these problems didn’t exist because there was the ability to talk outside of the public domain.
The Council recessed at 7:00pm. The meeting reconvened at 7:15pm.
On a motion by Mrs. Demetracopoulos, seconded by Mr. Burke, it was unanimously voted to hold a special council meeting on March 11th at 4:30pm to hold an executive session pursuant to 1MRSA §4054.6C to discuss the appraisal on the St. Michael’s property.
PUBLIC COMMENT
1. Ruth Boston, Emery’s Bridge, asked if the rumor about buying out the Manager’s contract for $400,000 was true; and if so what are the reasons. Ms. Roberge stated that she was not able to discuss the issue at this time.
2. Richard Clough, Academy St, mentioned that he has started a petition to amend the Charter by adding a recall provision. He then asked Mr. Grossman if he had been asked to resign. Mr. Grossman stated that he had been asked to resign or face removal. Mr. Clough then asked if it had been a unanimous decision. Ms. Roberge hesitantly said “No”.
Mr. Clough then asked for copies of any notes brought to the meeting or made at the meeting by any of the Councilors.
3. Ron & Pat Fousek, Young St, expressed their concerns with the potential tax rate increase. Mrs. Fousek stated that they may consider moving because they can’t afford the increase.
4. Elaine Stevens, Old South Rd, read a letter to the Council. See attached.
5. Clifford Cleary, Spillane’s Hill, requested that the Council place an item on the agenda to discuss the future of the Economic Development Committee.
6. Norma Tutelian, Butler St, read a statement regarding her frustration when attending meetings and the inappropriate behavior on behalf of three of the councilors.
7. Cheryl Dionne, Emery’s Bridge Rd, asked about the timeline for adopting the Comprehensive Plan. Ms. Roberge stated that there have been 2 public information meetings, the public hearing on February 25th, and tonight’s discussion. There is no set timeline of action.
8. Ralph Stevens, Old South Rd, stated that although he did not participate in the writing of his wife’s letter, he supported it.
9. George Gorman, Agamenticus Rd & Fire Chief, stated that the employees had met earlier in the day and Mr. Grossman informed everyone that three of the Councilor’s have requested that he resign. Mr. Gorman presented the Council with a letter of support for the Town Manager with approximately 40 employee signatures on it. The letter is attached.
10. Susie Scott, Planning Assistant, stated that she has not worked for a better place; and expressed her support of the Manager.
11. John Ford, Oldfields Rd, asked the Council to be vigilant and do their best to stabilize the tax rate. Ms. Roberge made note that the recent article in Foster’s regarding a 26% tax rate increase is speculative. The increase includes both town and school projections, which have yet to be adjusted.
12. Shawn Gillis, Lords Ln, stated that he always had faith in the Council in the past; and expressed his concerns with the potential tax increase. He added that it is difficult for many residents to attend the budget workshops because they are scheduled for 5:00pm.
13. David Webster, Tamarack Dr, stated that we need to expand the tax base and add economic development. This is no longer a village; “enough of this village crap”. He also mentioned the tax dollars used by the school district to attract a superintendent and principal to town.
14. Michelle Kareckas stated that the Council hasn’t started reviewing the budget yet. She asked for a budget workshop in December and that was not scheduled and the two workshops scheduled for last week were cancelled.
15. Ralph Stevens, SAD #35 rep, announced that the school board will meet on March 19th to discuss the school budget. He added that there would be an open session for residents to speak.
TOWN MANAGER'S REPORT
1. Mr. Grossman stated that Ms. Kareckas is wrong; the Council did not ask for budget under LD1, he was asked to prepare 2 budgets. The proposed budget is over LD1 for a number of reasons. Recommendations to purchase fuel tanks so that we could buy in bulk, closing the transfer station certain hours and pay-per-bag trash were cut by the Council. The Council needs to concentrate on increasing revenues. He added that the Council talks about economic development, but doesn’t mean it. He then referenced the proposed industrial park and the potential business that has now located in Eliot, which would have added significantly to the tax base.
2. Referencing Mr. Burke’s comments on the Right-To-Know law, Mr. Grossman stated “public business is to be done in public”; there are no gray areas. Illegal executive sessions have been held without proper notice.
3. Mr. Grossman stated that he has been asked to resign or face procedures to be removed. “I’m not going anywhere. I’ve done nothing wrong”. He added that he has had no complaints and no reprimands. Mr. Grossman went on to thank the employees for their support. He also thanked Richard Clough, Norma Tutelian, and Robert Gagne for their support. He made special note of the invaluable assistance of Roberta Orsini; and the support of Suzanne Roberge. He went on to say that he didn’t believe the public knew how hard Ms. Roberge works on behalf of the town.
UNFINISHED BUSINESS
1. Update to the Comprehensive Plan. Ms. Roberge opened the floor to those requesting time to speak.
-Richard Clough, Academy St, stated that there needed to be some adjustments prior to adoption. Fiscal capacity figures should be based on current numbers and the land use change from 3 acres to 5 should be removed.
-Ralph Stevens, Old South Rd, stated that the Comp Plan is a means to take away private property rights.
-Beverly Hasty, Thurrell Rd, stated that she appreciates the work done by the committees, but didn’t appreciate that some committee members didn’t seem to respect her viewpoint. She added that she is not personally affected by a change in required acreage, but felt it important for other residents to be aware.
-Mark Desenberg, Emery’s Bridge Rd, expressed his frustration at the proposal to increase the minimum acreage from 3 to 5 acres.
-Mike Gallo, Tara Ln, stated that he was not affected by the change in acreage at this time. He added that the change is sending a signal to property owners to break-out additional lots now. He went on to say that the proposed changes in acreage and shoreland/wetland setbacks are significantly more restrictive than the state.
-George Gorman, Agamenticus Rd, stated that the proposal is merely a form of growth control. He added that there are enough natural barriers such as the abundance of water to control growth in the area.
-Mr. Gagne stated that he was not in favor of the proposed increase from 3 to 5 acres. He added “don’t want to affect peoples’ land rights”.
Mr. Gagne also stated that he would fight tooth and nail to save Mr. Grossman’s job.
-Mrs. Demetracopoulos stated that “because it’s in the Comp Plan doesn’t make it so. “Several items in the last Plan never moved forward”. She asked if the Plan is accepted can the inventories and financial capacity be updated at anytime. Mr. Fisk, Planner, said “yes”. Mr. Fisk added that some changes can be made without resubmission to the state.
-Mr. Grossman stated that the strategy to increase the minimum acreage from 3 to 5 acres can simply be removed from the plan.
-Ms. Roberge stated that the Comp Plan “in the wrong hands becomes a tool that the community doesn’t weigh in on”. She went on to say that she has received comments about how it is being driven by the Land Trust, that residents on Oldfields Road are making the decisions, and that it was to be 10 acre lots not 5. Ms. Roberge stated that the 5 acre requirement should be removed from the Plan prior to moving on.
-Mrs. Kareckas stated that the Comp Plan is a basic guideline. She expressed her concern with removing the 5 acre minimum lot requirement; and whether that would dictate another state review.
-Mr. Burke stated that financial/statistical capacity should be updated and the 5 acre requirement should be removed. However, he did say that he would support the Plan as is. He added that he would not support any ordinance changes limiting property rights or adding impact fees. He went on to say that community involvement has been a plus.
Consensus was to discuss the Plan at the next meeting after clarifying whether a state review would be required if the proposed change from 3 to 5 acres (in the growth area) is removed. The entire Council also agreed that fiscal capacity should be updated prior to adoption.
NEW BUSINESS
1. Mr. Gagne made a motion to accept with regret Dennis Fontaine’s resignation from the Economic Development Committee. Mrs. Demetracopoulos seconded. Mr. Burke asked if action could be postponed to allow him to speak with Mr. Fontaine. Mr. Gagne & Ms. Roberge stated they had both spoken with him. Mrs. Kareckas stated that Mr. Fontaine would not speak with her.
Mr. Gagne and Mrs. Demetracopoulos withdrew their motion and second, respectively.
On a motion by Mr. Gagne, seconded by Mrs. Demetracopoulos, it was unanimously voted to table action on the Mr. Fontaine’s resignation until the next meeting.
ADJOURNMENT
On a motion by Mr. Gagne, seconded by Mrs. Demetracopoulos, it was unanimously voted to adjourn the meeting at 9:05pm.
Attest:
Barbara Bennett
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