SOUTH BERWICK TOWN COUNCIL
MARCH 24, 2008
Chairman Suzanne Roberge called the meeting to order at 6:30pm. Those present included Councilors Robert Gagne, Michelle Kareckas, Jean Demetracopoulos, and David Burke.
APPROVAL OF MINUTES
1. Special Council 3-05-08, Special Council 3-10-08, Council 3-10-08, Special Town Meeting
3-10-08, Special Council 3-11-08, Special Council 3-17-08 and Special Council 3-21-08: On a motion by Mrs. Demetracopoulos, seconded by Mr. Burke, it was unanimously voted to adopt the minutes after correcting the Council minutes of March 10th, by adding the word committee after the word building in the first sentence under Councilor Demetracopoulos’ comments.
SIGNING OF TREASURER'S WARRANT – March 10, 2008
Ms. Roberge stated that the warrant could not be signed because there is no treasurer to disburse the funds.
COUNCIL MEMBER COMMENTS
1. Ms. Roberge:
-Read Terry Oliver’s letter of resignation as Public Works Director. His resignation will be effective April 22nd at noon.
-Stated that she instructed the staff to close the business office at 9:00am on Monday. She added that the Council had not completed its task when the Manager was asked to leave. Without a treasurer or tax collector we can not receive or expend funds. Consensus was to hold a special meeting on Wednesday, March 26th at noon for an executive session to consult with the attorney regarding the vacant manager position.
-Asked if there were any items of discussion for her lunch with SAD #35. Mrs. Demetracopoulos asked if she would inquire about Scott Bourgoin’s proposal for fibre optics through Comcast.
-Apologized for not being able to attend Kevin Kareckas’ Eagle Scout Badge ceremony; and offered to make a presentation at a later council meeting.
-Received consensus to set up a workshop with the Planning Board.
-Made note that there is still much work to be done on the budget. Additional meetings may need to be scheduled.
2. Mrs. Demetracopoulos:
-Stated that she would like to get more public input on the budget prior to the public hearing.
3. Mr. Burke:
-Stated that he did not believe the Town Hall needed to be closed; and asked who advised the office be closed. Ms. Roberge stated that a legal opinion had been sought through legal services at Maine Municipal Assoc. Mr. Burke asked for additional legal opinion regarding the office closure.
4. Mrs. Kareckas:
-Stated that she had minutes for the traffic subcommittee meeting held on February 29th, but did not have time to type them.
PUBLIC COMMENT
1. Norma Tutelian, Butler St, asked the Council how they could get the Manager to leave without knowing that we would no longer have a treasurer or tax Collector. Mrs. Demetracopoulos apologized for “dropping the ball” and added that she was not aware that the offices had been closed until the afternoon. Mr. Burke stated that he did not feel that they had dropped the ball and was very surprised to hear that the offices were closed. Mrs. Kareckas also stated that she was surprised that the offices were closed; and that she thought we should be able to receive money and hold it. She added that she naively thought the assistant in the Manager’s office and the Deputy Treasurer and Deputy Tax Collector could handle the issues.
2. Richard Clough, Academy St, made note of a petition being passed to add a recall process to the Town’s Charter. He requested copies of all notes taken by the Council at the meeting. He stated that he had submitted a request for all of the Councilor’s emails for the last 30 days; and received very few. He added that it was very obvious that he had not received all of the emails. Mr. Clough went on to commend Sue Roberge and Bob Gagne; and added that Mrs. Kareckas, Mrs. Demetracopoulos, and Mr. Burke have acted disgracefully.
3. Ruth Boston, Emery’s Bridge Rd, expressed her concern about the minimal amount of notice for the meeting held on March 21st.
4. Clifford Cleary, Spillane’s Hill, stated that he hopes the taxpayers will find out the real reason for wanting the Manager gone.
5. Tanna Clews, Lords Ln, commended all of the Councilors regardless of their stand on the Manager issue.
6. Audrey Fortier, Rodier Rd, asked Mr. Burke, Mrs. Kareckas, and Mrs. Demetracopoulos to explain their reasons for “hounding” the Manager to leave. No response. Mrs. Fortier stated that it would have been cheaper for the three of them to resign.
7. John Webster, Junction Rd, expressed his concerns with the “double standard” for getting petitions signed at the transfer station. Ms. Roberge stated that she would look into it.
8. George Gorman, Agamenticus Rd, asked where the money came from to buyout the Manager. Ms. Roberge stated that it came from the administration budget.
9. Rheinhold Holton, Emery’s Bridge Rd, expressed his concern at the lack of economic development to help with the tax base. “You have put this town in a bad position”. The Manager tried to promote economic development and “you fought him”.
10. Manley Gove, Dennett Rd, stated that he did not feel people were treating each other with respect.
11. Dennis Fontaine, Quarry Dr, asked what the total “bottom line” buyout for the Manager was. No response. He also asked what the total legal cost to the taxpayers is. Ms. Roberge stated that not all of the bills have been received and would not venture a guess.
12. Sue Wathen, Emery’s Bridge Rd, stated that she hoped everything can be resolved quickly.
13. Brad Christo, Oldfields Rd, stated that it is hard for the general public to understand everything that is going on due to the fact that they are not privy to executive session discussions.
14. Fred Turnbull, Emery’s Bridge Rd, asked why there wasn’t any public input regarding the Town Manager.
15. James Sullivan, Wadleigh Ln, expressed his empathy for the Council. He stated that openness and transparency generally leads to understanding. The absence of transparency raises and feeds rumor, misunderstandings, and personal attacks.
16. Richard Clough, Academy St, stated that as of February, $1200 had been spent on legal fees and as of March 20th there was only $7,000 left in the budget. He also stated that the buyout for Mr. Grossman’s resignation was $102,000.
17. Jane Cowen-Fletcher, Flynn’s Ln, stated that she still had confidence in the full Council.
18. David Burke, made the following statements: Contract zoning was supported by the Council; the people turned it down. The Council supported the regional development authority; the State of Maine “squashed” it.
19. David Webster, Tamarack Dr, expressed his concerns with purchasing a property for the library at $1 million in light of the budget.
20. Scott Landis, Academy St, thanked the Council for their dedication and commitment.
UNFINISHED BUSINESS
1. Ms. Roberge explained that Dennis Fontaine has asked that he be left on the Economic Development committee until his term expires in June. Council consensus was to allow Mr. Fontaine to retain his seat on the EDC.
2. Comprehensive Plan:
-Richard Clough, Academy St, stated that there are at least three items that need to be revised, fiscal capacity, expansion of the historic district and the increase zoning from 3 to 5 acres.
-Clifford Cleary, Spillane’s Hill, stated that there are no Comp Plan minutes, just some notes. There are no agendas and no records as to how members voted.
-Ralph Stevens, Old South Rd, expressed his concerns with adopting the Comp Plan update. He stated “The Comprehensive Plan and especially the visioning committee is probably one of the most insidious things this town could have and do”.
-Manley Gove, Dennett Rd, expressed his concerns with the fact that the Comp Plan update calls for an increase in lot size.
-Jack Shipley, Drury Ln, stated that the Plan had been put together by many citizens. He added that it is not the law of the land. The only decision making body for the Plan is the Council; the vision committee would be responsible for keeping the Plan a working document.
-Brad Christo, Oldfields Rd, stated that as chair of the land use committee, “did not once vote on content of the Plan”. The committee went through the Plan line by line and came to a unanimous consensus. He stated that the State Planning Office has fully approved the plan. Mr. Christo added that the Plan is necessary for attracting grant money. He also added that the updated Plan contains 65% of the existing plan.
-Beverly Hasty, Thurrell Rd, stated that she did some research and found that the State doesn’t care whether the 5 acre requirement is in the Plan or not. Mrs. Kareckas stated that she had not had time to contact the State, but the 5 acre requirement is part of the goals and strategies and should be taken out.
-Nora Irvine, Bennett Lot Rd, questioned whether there can be different requirements depending on the size of a subdivision.
-Mike Gallo, Tara Ln, stated that you can’t have 2 sets of rules. He also made note that just as important as lot size is the increased setbacks for wetlands. He questioned why the Town would want to be more restrictive than the State.
-Tom Harmon, Hooper Sands Rd, stated that the committee did not add the 5 acre requirement; they recommended investigating the increase.
-Mr. Burke stated for clarification purposes, that the Council can change zoning without the Comp Plan.
Ms. Roberge asked the Councilors how they wished to move forward.
Mrs. Demetracopoulos stated that she has spoken with other planners and agrees that the 5 acre requirement can be removed without resubmission to the state. She added that 2 strategies recommend increasing certain resource protection areas.
Mrs. Kareckas stated that she would like to take the 5 acre requirement out of the plan and adopt it in its entirety after updating fiscal capacity/facts & figures.
Mr. Burke stated that fiscal capacity should be updated. Land use and shoreland setbacks should be reviewed by the Planner, promptly (within the next month).
Ms. Roberge clarified that consensus is to update fiscal capacity, land use (5 acres), and setbacks.
NEW BUSINESS
1. VFW Request:
Mrs. Demetracopoulos made a motion to table action on the VFW’s request for funds until the April 14th meeting. Mrs. Kareckas seconded. Mrs. Demetracopoulos stated that she had been approached by people interested in donating. Mr. Burke asked Mr. Kenney if there were any time constraints. Mr. Kenney stated that they would need the flags for Memorial Day. Motion to table action until April 14th passed unanimously.
2. Powderhouse groomer:
Eric Mundell explained that the Club would like the Council’s approval to raise funds for the purchase of a groomer. The Club would then turn the groomer over to the Town. Accountant Fern Houliares stated that there would be additional costs to the Town to maintain and insure the groomer. The addition of a new building to house the groomer will also add to expenses. Beverly Hasty, Benefits Coordinator, added that our insurer is concerned that the Town does not have an agreement with the Ski Club. Mrs. Demetracopoulos suggested holding a workshop with the Ski Club to discuss a 5 year plan. Consensus was to schedule a workshop in April.
3. Mrs. Demetracopoulos made a motion to agree to enter into a 3 year contract with Eliot for dispatch services for $60,000 annually, as recommended by Chief Lajoie. Mr. Burke seconded the motion.
Mr. Kareckas questioned whether $60,000 will cover expenses. Chief Lajoie stated that it should for the first year or two; savings should be realized by all three towns.
Motion to enter a three contract with Eliot for dispatch services passed with a unanimous vote.
4. On a motion by Mrs. Kareckas, seconded by Mrs. Demetracopoulos, it was unanimously voted to sign the 2008 Warrant for Unlicensed Dogs.
It was clarified that the late fees offset a portion of the Animal Control budget.
5. On a motion by Mrs. Demetracopoulos, seconded by Mrs. Kareckas, it was unanimously voted to close all waters within South Berwick to Alewife harvesting for the 2008 season for conservation purposes.
6. On a motion by Mrs. Demetracopoulos, seconded by Mrs. Kareckas, it was unanimously voted to hold a public hearing on April 14, 2008 at 6:30pm to receive comment on the budget for fiscal year 2009.
The Clerk made note that to keep in line with prior practice the notice will be posted on Thursday or Friday, April 3rd or 4th. This requires that the completed budget be available for the public no later than April 4th.
ADJOURNMENT
On a motion by Mrs. Kareckas, seconded by Mrs. Demetracopoulos, it was unanimously voted to adjourn the meeting at 8:40pm.
Attest:
Barbara Bennett
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