Showing posts with label AmericanJournal. Show all posts
Showing posts with label AmericanJournal. Show all posts

Wednesday, December 3, 2003

Column: Decorating for the season on a budget

Published in the Current, the American Journal, and the Lakes Region Suburban Weekly

As new homeowners, my wife and I have a sizable challenge this year: Beyond just unpacking the boxes still stacked around the place, we need to make the place festive, but are not exactly flush with cash.

I’ve gone looking around the area to find some nice touches without emptying my wallet, and found that making a house look great is not too hard. With a little careful thought, it won’t take much time to set up, maintain or take down when the season is over.

Outside, we’ve got a few shrubs and a little fence. Local hardware stores and gift shops stock holiday lights in wide varieties, with anything from simple white bulbs to sparkling colors, and even lighted figures like cows, moose and Santa Claus.

Choose ones you like – make sure to get outdoor cords and bulbs – and for a few bucks a strand, you can light up the season. There’s no need to go overboard (though some love to, buying thousands of lights and footing large electrical bills through December). Just a few touches, near the entrance to your yard or driveway, and again near the door, are enough. Remember not to put lights on the ground, or you’ll have to dig them out when the snow flies!

If lights aren’t your thing, or you want to spruce the yard up a bit, head to a farm market. Most close in the fall, after summer’s bounty has ended, but reopen in late November with wreaths, greenery and other festive items. As with lights, there are wide varieties, from traditional evergreen wreaths to painted pine-cone ones. Many places also have garlands, perfect for draping along the top of a fence or hanging around a doorway. Other arrangements often include red berries and sticks in simple, elegant designs.

All of these items can go outside and look beautiful when first installed, as well as with a dusting of snow. Inside, it’s easy to get overwhelmed with all the possibilities.

Sure, it’s nice to have something in every room, but try to keep a space that isn’t totally taken over by the holiday, as a place you can get away from stresses of the season.

Some folks like candles in each window, though fire departments often worry about them igniting curtains or other window dressings. For safer alternatives that are cheaper over the long run, buy plastic candles that take Christmas-tree replacement light bulbs.

They plug into a regular electrical outlet and stay cool near draperies. There are also electric menorahs for celebrating Hanukkah.

The cheapest way to get pretty decorations is to keep around last year’s greeting cards. Hang a few around early in the season to get in the mood – attaching them to a few simple ribbons can be nice – and rotate them as you get this year’s cards.

Another cheap way to get in the holiday mood is to have a fire, if you’re lucky enough to have a fireplace. Just make sure your chimney is clean and clear, and check the flue for leaks to keep smoke out of your home.

Many people get Christmas trees, and there are several Christmas tree farms in the area, as well groups’ sales. Those sales can also be good places to get
greenery and wreaths for both inside and outside.

Decorating a tree doesn’t have to be a huge production. A few lights, some colorful ornaments – your kids or grandkids will probably make some in school – and you’re all set.

Don’t forget the greeneries, which can look wonderful sitting on windowsills or over doorways, to bring the holiday spirit all over your home. Keep the greens misted from time to time to prolong their life, and always make sure your tree has plenty of water.

Thursday, October 23, 2003

Teachers’ unions, business back competing tax proposals

Published in the Current and the American Journal

Tax reform in Maine is attracting big dollars from the state’s businesses and teachers’ unions, as funds flow in to the coffers of groups supporting the two alternatives on the Nov. 4 ballot. Some of the groups say they are concerned about property taxpayers, but many also have their own agendas.

A chart on this page (corrected from previous versions published in this newspaper) lays out the school funding numbers presented by each side.

Question 1A was devised by the Maine Municipal Association, the statewide association of town councils and town managers. Over the past year, the MMA has donated $320,000 to the political action committee backing the question.

The largest backer for that PAC, however, is the National Education Association, based in Washington, D.C., which has donated $350,000 in the past four months by passing funds through the Maine Education Association, the state’s teachers’ union.

Part of the reason is because Question 1A would dramatically increase state education funding immediately, said Rob Walker, president of the MEA. Further, “there is a chance that some of the money will not go to tax reform” but instead will be used by towns to pay their teachers better, he said.

He is touring the state, giving presentations to groups of teachers about the referendum and encouraging them to vote.

“We’re finding that the more questions we answer” the more likely people are to support Question 1A, he said.

Business backs 1B
Question 1B was developed by Gov. John Baldacci and the state Legislature as a so-called “competing measure” referendum, posing an alternative to the MMA proposal. Question 1B is drawing support from businesses around the state.

Dana Connors, president of the Maine State Chamber of Commerce, is the chairman of the PAC. Question 1B sets education as “one of our state’s highest priorities,” and pays for it through existing taxes levied on an expanding economy, rather than creating new taxes, he said. Some districts will see less money initially, “but that’s more than compensated for” in future years, Connors said.

The PAC has received funds from many big-name companies, including $50,000 from International Paper, $35,000 from National Semiconductor, $25,000 each from L.L. Bean and Sappi, and $15,000 from UnumProvident.

“We’re very concerned with the fiscal implications of Question 1A,” said Steve Clarkin, regional public affairs manager for International Paper. “The state can’t afford Question 1A without resorting to tax increases.”

One tax break he and many other companies fear may be first on the chopping block is the Business Equipment Tax Rebate, in which the state returns to businesses the amount they pay to towns in personal property tax on business equipment, including manufacturing machinery.

“Our biggest concern would be the BETR program,” Clarkin said. IP is also concerned that just cutting BETR wouldn’t save the state enough money, requiring increases in taxes on services – including accounting and legal work – and the elimination of sales-tax exemptions businesses now enjoy on new production equipment, raw materials and energy used for manufacturing.

“National is backing 1B,” said spokesman Anne Gauthier. “We believe that the phased-in approach is a more fiscally responsible approach.”

BETR cuts also worry her. In 1997, National began investing $950 million in its South Portland facilities, and expects the full benefit of BETR tax breaks to come over 12 years. Eliminating that now would be a big concern for National, she said.

Pushing real reform
L.L. Bean is also weighing in to support Question 1B. “It breaks the inertia of the whole tax-and-spend issue,” said company spokesman Rich Donaldson.

It provides immediate tax relief to the most needy Mainers, and forces towns to make their own decisions on educational funding.

Now, “any town can say, ‘This is what we need for education funding,’” he said. That ups the state’s total expenditure for education without a centralized plan for determining whether those expenses are necessary.

Question 1A “just sends more money to municipalities. That’s the danger of it,” he said. Towns “have a long and strong history of increasing spending” when they get more money.

“Local governments are going to continue to spend what you give them,” he said. Changing the education funding formula will give them what they need to provide a good education, but will make clear the line between what is deemed necessary for a quality education and what is optionally selected by the town, Donaldson said.

UnumProvident spokesman David Brenerman called Question 1A “a significant financial problem for the state.” He worries that the state may already be facing a $500 million funding shortfall for the next budget cycle, and asking for an extra $250 million a year could break the bank.

“Tax reform is a slow process. It can’t happen all at once,” said Brenerman, who is a former mayor of Portland. “Along with tax reform there needs to be spending reform,” he said.

Some towns back 1A
Not surprisingly, many town councils and school boards are supporting the proposal developed by their umbrella group, the MMA. The Cape Elizabeth School Board has endorsed it, and last week many councilors also voiced their support.

“Clearly 1A (the MMA proposal) is the option for folks in this community,” said Cape Councilor Jack Roberts at a council meeting. Cape Council Chairman Mary Ann Lynch also supports 1A. She is “skeptical of the dire Chicken Little” behavior of legislators who claim that 1A will bankrupt the state. A year ago, legislators handled a $1.2 billion shortfall in the state budget without a tax increase, she said. “It’s a question of priorities. … They’ve closed larger budget gaps in previous years without tax increases.”

South Portland City Manager Jeff Jordan recently sent councilors a memo about each of the proposals. They indicate that if Question 1A were to pass, South Portland would have the second-largest increase in school funding – $5.2 million – among all the towns in the state. (Portland’s increase would be higher.)

If Question 1B were to pass, South Portland would have the greatest loss in school funding – $2.8 million – of any town in the state, Jordan wrote.

Windham Town Manager Tony Plante said his town’s council has not taken a position, but did not support a resolution supporting the MMA proposal (Question 1A) when it came up for a vote. The council has not supported Question 1B or opposed either, he said.

None of the above
Jerre Bryant, Westbrook’s administrative assistant, opposes both, though the City Council has not taken a formal stand.

“They both fall woefully short” of “true tax reform,” Bryant said. Question 1A does not explain where the state should come up with the funds, while Question 1B “not only doesn’t help but harms Westbrook” and other towns. “Neither of these proposals are sound public policy,” he said.

Supporting neither proposal demands better action from the Legislature and the governor, he said. “We desperately need tax reform. We desperately need property tax relief.”

There is an option on the ballot – 1C – to oppose both tax plans. Bryant expects that Carol Palesky’s Maine Taxpayers Action Network tax-cap proposal will get on the ballot next year, and hopes a solution can be devised before that happens. Walker, of the MEA, also wants a tax-reform solution approved to “head off” Palesky’s efforts, which he fears will catch the attention of many taxpayers, and require towns and cities to make drastic spending cuts, hurting teachers.

Wednesday, October 15, 2003

Tax plans offer relief for a price

Published in the Current and the American Journal; co-written with Kate Irish Collins

While Maine property taxpayers may save millions if the Maine Municipal Association’s tax-reform referendum passes Nov. 4, supporters of the governor’s competing proposal say it will lead to tax increases in other areas. And opponents of both ideas say neither will have any real effect on the state’s overall tax burden.

Each side says there is no guarantee the other’s would lead to true property tax reform, although elected officials in area municipalities say any additional state funding would be used to reduce or stabilize property tax rates.

The MMA proposal would require the state to fund 55 percent of the cost of education starting next year. The governor’s proposal would phase the
increase in over five years. The key concern about the MMA plan is where the money will come from.

Preliminary numbers indicate that under the MMA proposal, Westbrook schools would see an increase in state education funding of $3,555,704. Under the governor’s plan, Westbrook would lose $357,571 in the first year. In Gorham under the MMA plan, the town would see an increase in education dollars of $3,221,394 and a decrease of $267,283 under the governor’s proposal in the first year.

Windham is the only regional town that would see an increase under both plans. Under the MMA plan, Windham would get $3,821,269 more and under the governor’s plan the town would get $94,970 more.

School Administrative District 6, which includes Standish, would gain the most under the MMA plan, with an increase of $4,989,105. Under the governor’s proposal, the school district would lose $673,298 next year.

In the 2005-2006 fiscal year, with an overall increase in education funding under the governor’s plan, Westbrook, Gorham and Windham would see an
increase in spending of just over $1 million. SAD 6 would see an increase in funding of over $3 million.

The governor’s proposal will never equal the total school funding dollars offered under the MMA plan because that proposal also requires the state to pay 100 percent of all special education expenses.

The total cost of the MMA plan, next fiscal year, would be roughly $255 million. State Rep. Harold Clough, R-Scarborough and part of Gorham, told the American Journal it is not possible for the state to expend that kind of money without major tax increases or significant program cuts.

The governor’s plan would improve state education spending more gradually and also increase funding to statewide tax relief programs, like the “circuit-breaker” program, which refunds a portion of property taxes and rent paid by low-income Mainers, Clough said.

State Rep. Christopher Barstow, D-Gorham, said he is supporting the governor’s proposal because it takes a progressive approach to increasing state funding of education. But he’s also not strongly against the MMA plan.

“I believe the governor’s measure would be legally binding and that the Legislature would keep its commitment. Both questions are being touted as providing tax relief and, to some extent, they will, but what we really need to do is engage the leadership in reviewing the tax code itself,” Barstow said.

Bob Stone, treasurer of the political action group, Common Sense for Maine Taxpayers, and chairman of the finance committee in the city of Lewiston, has spoken against both plans, and is urging voters to choose “none of the above” on the ballot.

“History tells us that you’re only dreaming” if you believe claims of lower taxes, Stone said. While property taxes may drop, the money will have to be made up from other taxes. He said cutting state spending is the only way to truly lower the state’s tax burden.

Statewide polling shows voters are evenly split among the MMA proposal, the governor’s plan and the “none of the above” option. Gorham Town Council Chairman Michael Phinney told the American Journal Monday the council is backing the MMA proposal. Phinney said it would provide additional money to the town immediately.

He said the governor’s plan would provide less funding from the state for education than what Gorham is currently getting.

“Gorham is one of the towns that would get more money back. From that standpoint it should help out with the property tax level,” Phinney said.

While the MMA plan has come under some fire for not detailing where the funding would come from, Phinney said it would be up to the Legislature and the governor to find the money.

“No doubt it would be a difficult decision. But education should be our first priority. It is in Gorham, and it should be at the state level,” he said.

Westbrook Mayor Don Esty said the city has not taken any official position on the education funding referenda, but said any help the state could provide to help pay for education either under the MMA proposal or the governor’s plan would be appreciated and welcome.

“Should either one pass, we will use the money to keep property taxes as much under control as possible,” Esty said.

Esty said it is his hope that before Election Day, state officials will outline whatever cuts in spending or increases in revenue would be available to support either education funding option. “It’s that missing information that leaves people unsure about how to vote,” he said.

Wednesday, October 1, 2003

Standish man found guilty of murder

Published in the Current and the American Journal

A Cumberland County Superior Court jury Tuesday afternoon found Santanu Basu of Standish guilty of murdering Azita Jamshab to get the proceeds of a $100,000 insurance policy.

In closing arguments Tuesday morning, the prosecution told jurors there is “overwhelming evidence” that Basu was guilty.

Basu was listed as the beneficiary on Jamshab’s life insurance policy, which he had sold to her. In addition to Jamshab’s blood in the car Basu rented that day, and a “to-do” list preparing for the murder in Basu’s handwriting, prosecutor Assistant Attorney General Lisa Marchese said Basu had confessed to the crime, in detail, to a friend who then told police elements of the crime that had not yet been discovered.

The defense countered that Basu and Jamshab had instead been kidnapped at gunpoint by Jamshab’s “jealous boyfriend,” Amhad “Khoji” Khojaspehzad, who then murdered Jamshab.

Basu’s actions after the killing, which the prosecution called incriminating, were instead because Basu was trying to protect his family from Khojaspehzad, defense attorney Neale Duffett told jurors.

Jamshab, who lived in Westbrook, was shot to death after stepping out of a rental car – similar to one Basu rented that day – in a gravel pit just over the Windham line in Cumberland March 6, 2002. Her body was found the following day by a Windham man who lived nearby.

Marchese said Basu was “deep in debt and going further,” with high credit card balances and his job in jeopardy.

When Jamshab came into Basu’s office in January 2002 to buy car and health insurance following her divorce, Basu saw his chance. He sold her life insurance and persuaded her to name him as the beneficiary, Marchese said.

“He had all the information he needed to make Azita’s parents the beneficiary but he didn’t because he didn’t want to, because then he wouldn’t get the money,” Marchese said.

Instead, he put himself on the policy and then began to plan Jamshab’s murder, she said. In late February 2002, Jamshab told Basu she was moving out of the area and wanted to cancel the policy.

“Within two weeks Azita is dead,” Marchese said.

After the murder, Basu confessed to a former Navy buddy, but pleaded with him not to tell the police about any of it, prosecutors said.

That friend, Dexter Flemming, told police intimate details of the crime before the medical examiner or police were able to uncover them. Later discoveries supported what Flemming said Basu had told him, Marchese told the jury.

Marchese also described the killing, saying Basu drove Jamshab to the gravel pit in a rental car and told Jamshab to close her eyes because he had a “big surprise” for her.

“She holds out her hand and he pulls out the gun and shoots her,” Marchese said. The first shot was in the hand and arm. Then Basu shot her twice in the chest, and she fell to the ground.

“For some inexplicable reason he needs that coup de grace shot and shoots her in the back,” Marchese said.

The defense story that the pair was kidnapped by Khojaspehzad was invented recently and first told to investigators when Basu took the stand last week, Marchese said.

Khojaspehzad was the secondary beneficiary of Jamshab’s insurance policy and would only get the money if Basu were dead or convicted of killing Jamshab.

Speaking for the defense, Duffett disputed each of Marchese’s claims, saying Basu was not in financial trouble, would not have killed Jamshab for any
money, rented a car to hide an affair from his wife and made the to-do list to plan a “romantic date.”

Duffett said Basu did not dispute Flemming’s testimony about the confession because Basu was trying to cover for Khojaspehzad, for fear his family would be hurt if the police investigated Khojaspehzad.

Duffett said Khojaspehzad was a “jealous lover” who murdered Jamshab in a “crime of passion,” because he feared Basu and Jamshab were having an affair.

Marchese dismissed that explanation as “nonsensical.”

Wednesday, September 24, 2003

Standish man tried for murder

Published in the Current and the American Journal

Santanu Basu of Standish is on trial for the murder of his girlfriend to allegedly collect on a life insurance policy. The trial started Monday in Cumberland County Superior Court, with prosecutor Lisa Marchese telling jurors that Basu, 34, had killed Azita Jamshab, 29, a resident of Westbrook, to get money to pay off large debts.

“Santanu executed Azita Jamshab by plotting and planning her death for the insurance proceeds,” Marchese said.

Marchese told jurors Basu made a “to-do” list the day he sold Jamshab her insurance policy, on which he was listed as the primary beneficiary, according to the Associated Press. The items on the list, including ammunition and a rental car, were directly related to Jamshab’s death two months later, Marchese said.

Jamshab, who prosecutors allege was in a romantic relationship with Basu, was shot to death and dumped out of a rental car – similar to one Basu rented that day – in a gravel pit just over the Windham line in Cumberland, March 6, 2002.

Her body was found the following day by a Windham man who lived nearby.

Basu asked a friend to tell police they were together the night Jamshab was killed, Marchese said, and later told that friend he had killed a woman for life insurance money.

Defense attorney Karen Dostaler told jurors the prosecution had to presume that Basu is innocent until they were convinced otherwise. She said the prosecution’s case was based on unsubstantiated theories and urged jurors to “test the evidence” by deciding for themselves if they thought testimony and other evidence was truthful.

Kate Bailey, a friend and coworker of the murdered woman at the Smart Styles hair salon at the Scarborough Wal-Mart, testified Monday that Jamshab had planned to go out to dinner with Basu on the evening of March 6, 2002.

Basu, a salesman for Nationwide Insurance, was Jamshab’s insurance agent, Bailey said. “She was trying to tie up some last minute things for her move” to Las Vegas, planned for the following week, Bailey said.

Jamshab did not turn up at work the following morning, and Bailey became worried. Also worried, Bailey said, was Jamshab’s friend, Amhad “Khoji” Khojaspehzad, who began calling the salon that morning, asking where Jamshab was.

Khojaspehzad denied that he was Jamshab’s boyfriend, but said they had a sexual relationship. Both were divorced, and they and their ex-spouses still lived in Southern Maine and were in the small Iranian expatriate social circle here, said Khojaspehzad, who lived in Windham until earlier this year.

Khojaspehzad was named as a contingent beneficiary on Jamshab’s life insurance policy. Basu was the primary beneficiary, who stood to collect
$100,000 if Jamshab died, according to testimony Monday.

Both men had debts far larger than their incomes, according to testimony.

Under questioning by Dostaler, Khojaspehzad said he had filed to collect on the life insurance “March 8 or 9,” very shortly after Jamshab’s body was found. He knew that the only way he could collect was if Basu was convicted of murdering Jamshab or was himself dead, Khojaspehzad told the court.

He hadn’t wanted to be on the policy and had urged Jamshab to make her parents, who live in Iran, the beneficiaries. Monday he said he would give the money to Jamshab’s family if he received any.

Khojaspehzad last spoke to Jamshab at about 8 p.m., March 6, 2002, he testified. He tried to call several times later and again the next day, but was unable to reach Jamshab.

Worried, he went to Jamshab’s apartment in Westbrook and saw her car there. He broke into the apartment, thinking he might find clues about her whereabouts, but “there was no sign of her.”

From her apartment, he took a videotape he had taken of Jamshab the previous week, in which she called him “honey,” because he didn’t want anyone to see it, Khojaspehzad testified. He also took a note with Persian and Farsi writing on it, again because he wanted to keep it private, he said. He later gave both to police.

The trial is expected to continue all week.

Wednesday, August 27, 2003

State commissioner says slots could save horse industry

Published in the Current and the American Journal

Maine’s agriculture commissioner says the horse industry here is in trouble and needs a major cash infusion to save it – cash that could come from slots at racetracks.

Robert Spear stopped short of contradicting Gov. John Baldacci’s stand against slot machines at racetracks, but said slots are one way the industry could get a much needed bailout.

Spear also suggested that if the statewide referendum on whether to allow slots at racetracks passes Nov. 4, Baldacci might change his mind.

While the referendum question – called “the Bangor bill” because it was proposed by the Bangor Raceway – gives some money to horse owners and trainers, another bill now on Baldacci’s desk – called “the industry bill” because it was proposed by a group from Maine’s horse industry – would give horsemen and women more.

Spear hinted that if the Bangor bill passes with a strong showing, his boss, the governor, might approve the industry bill, which includes permission for slot machines at off-track betting locations as well as racetracks. The two would need to be compromised before either could take effect.

Both dedicate 1 percent of the slots’ take to combat addiction and compulsive gambling.

The Bangor bill gives 75 percent of the take to the operator of the slot machines, 11 percent to help the horse industry, 10 percent to help elderly and disabled people pay for prescription drugs and 3 percent to fund scholarships at state colleges.

The industry bill would send 28 percent of the proceeds from slots at racetracks and OTBs to the state’s general fund and 17 percent to support the horse industry. It does not specifically allocate a percentage to the operators of the machines.

The industry bill also gives 3 percent of the take from slots at Bangor Raceway to the city of Bangor, if Scarborough’s local ban is not overturned.

If the local ban is overturned, however, and slots are installed at both Bangor Raceway and Scarborough Downs, the two towns would get 5 percent of the tracks’ take. (Scarborough Downs has collected the needed signatures, they say, to put the overturn of the local ban on the November ballot.)

Either bill would be a good beginning to the problems facing Maine’s horse industry, Spear said. “Right now we have a lot of horses leaving the state,” heading to other states with higher racewinners’ purses – some because of slot machines at their tracks.

“We need to find ways to get more purse money into the hands of the horsemen,” he said. The average purse in Maine is around $1,200 a race. In Delaware, where slots at racetracks are allowed, winning a race pays between $3,000 and $5,000, Spear said.

He visited there earlier this year at a meeting of the Northeastern states’ agriculture commissioners, held at Delaware Downs. In addition to a horseracing track, it has a car-racing track, a hotel and a gambling floor. “It looks like a casino,” Spear said.

He was there on a weekend when Delaware Downs had no live racing, but people were there. “The money was coming in through the slot machines. It looked like Las Vegas.”

That cash influx could save racing, he said.

“There’s a lot of history and nostalgia” in the Maine horse industry, he said. A farm census is in progress to gauge the exact size of it, but a University of Maine study commissioned by the Maine Harness Racing Promotion Board in 2000 says the “harness racing industry annually contributes an
estimated $50,724,895 in gross revenue to the state economy.” That includes $27 million in income from outside horse racing, plus $12 million in business spending related to the horse industry and $11.5 million in personal spending by workers in the sector.

“I consider the horse industry very important” to Maine’s economy, Spear said. It also helps Maine’s environment: “It keeps a lot of land open,” especially in Southern Maine.

There are small ways to help the industry, but “until you get some real money out there in the hands of the horsemen” not much will change, Spear said.

Of further concern are actions other states are taking. “I see other states going the route of machines,” Spear said. If they do, Maine’s purses will stay small and horses will leave to make money elsewhere.

A casino also worries Spear. If a casino is approved in November, gamblers may take their money there, cutting tracks’ income even more.

“We’ve got some good breeders in this state. It’s too bad to breed these good horses here and then see them leave the state,” Spear said.

Rabid fox attacks pool swimmers

Published in the Current and the American Journal

A 27-year-old Gorham woman and her 4-year-old son are receiving treatment for exposure to rabies after a rabid fox jumped into a pool with them in Scarborough Aug. 14.

“The night before, around 10 o’clock, we had heard this weird barking sound, a kind of growly bark,” said Janice Reed, who lives on Lane by the Sea, near the Old Orchard Beach line.

It was Reed’s daughter and grandson who were attacked by the fox the next afternoon, as they were swimming in the pool at Reed’s home.

Also the night before, Reed’s husband had seen a fox run “very aggressively” up to the back door of the home. The next afternoon, Reed’s daughter and her daughter’s son were in the new above-ground pool. It was so new there isn’t even a deck around the outside of the pool basin, which stands 52 inches tall.

“She saw this face come up to the top of the rail,” Reed said. Initially she thought it might be one of the family’s cats. “The next instant, this thing was leaping” at her. Reed said she was told that the noise of the two playing together could have agitated the fox enough to attack.

When the fox came at her, Reed’s daughter initially dropped her son, but realizing he couldn’t swim, grabbed him and threw him out of he pool. Screaming, she then jumped out of the pool herself and started running toward the house with the boy.

Reed’s husband and a neighbor heard the screams and came running, to see the fox swimming in the pool. “It managed to climb out,” Reed said.

A police officer showed up on a bicycle and radioed for further assistance, while the fox sat near the edge of the yard, until Reed herself came home. The family’s dogs started barking, which scared the fox off.

An initial check seemed to show that neither mom nor boy had been scratched or bitten, but when the boy was changing out of his bathing suit, they realized he had been scratched on his back and the back of his leg.

When they called the Scarborough police to report that, they learned the fox had been killed by Old Orchard Beach police and would be tested for rabies. The next afternoon, they learned it had tested positive.

The evening after the attack, Reed and her husband took their daughter and grandson to the hospital, where the 4-year-old got the first in a series of rabies shots that are “extremely painful” and expensive – costing over $2,000 for a single shot, Reed said.

They also had to clean the pool out with bleach to kill the rabies, which is transmitted through saliva. “You have this thing foaming at the mouth, and it’s in the water,” Reed said.

She knows there are other foxes in the wooded, marshy area behind her home. She is worried that something more will happen: “Last night and the night before, we have heard the same barking sounds” as they heard the night before the last attack, Reed said Tuesday.

This is a very unusual incident, said Scarborough Animal Control Officer Chris Creps. This year has seen fewer rabid animals in town than last year, he said. Two raccoons, one in the Pleasant Hill area and the other in North Scarborough, have tested positive, in addition to the fox.

Wednesday, August 20, 2003

Mom told to take down ribbons

Published in the Current and the American Journal

A South Portland mother who has been putting up yellow ribbons around the
city to support her soldier son has been told by the city to take them down.

When the war in Iraq first started, Valerie Swiger’s son Jason, 21, a member of the 82nd Airborne Division, was serving there. Back home, his mother hung yellow ribbons around the city as a sign of support for all of the soldiers, sailors, airmen and Marines.

City officials say there is an ordinance on the books that prevents displaying any personal message on public property – including notices about garage sales and missing pets – and while her ribbons have been up for some time, they now have to come down.

Swiger said she never knew about the law, which has been on the books since the 1960s, and told several city officials of her intentions, but none of them ever told her she couldn’t hang the ribbons.

In April, she said, she went to the City Council to tell them about her ribbon campaign. Nobody said a word to her then. She even got a call from
someone at City Hall – she won’t say who – asking if they could have a couple of ribbons to hang there.

Swiger didn’t hear anything but support until City Clerk Susan Mooney called recently to say someone had complained that the ribbons were
getting dirty and tattered. Swiger offered to replace them.

“I feel they should remain up. It’s not over,” Swiger said. She was especially sensitive about the issue because Jason had called the day before to say he was headed back to Iraq.

Swiger said Mooney told her the ribbons couldn’t be placed on utility poles, to which Swiger agreed. Swiger said it wasn’t until the next day Mooney called with the bad news: The ribbons were against the law.

Now Swiger is being told she had violated the law from the first day she put the ribbons up. City Manager Jeff Jordan said police and code enforcement officers do enforce the ordinance, though he said it’s not a “high priority.”

The ribbons violate the ordinance, Jordan said, because they make a personal statement. “We probably should have” told Swiger when she first put the ribbons up, Jordan said. “We might have gotten a bit caught up” in emotion as war began, he said.

He encouraged Swiger to continue her ribbon displays, as long as they’re not on town property.

“They can be put in lots of different places. Just put them on private property,” Jordan said. “Don’t put the city in the position to regulate
content on public property.”

Swiger doesn’t think the ribbons are offensive. “That yellow ribbon doesn’t say Republican. It doesn’t say Democrat. It doesn’t say war. It doesn’t say Bush.” What it does say is, “we respect what you’re doing. Hurry home. We’re waiting.”

District 1 Councilor David Jacobs, who represents the area including Swiger’s home, said he is sympathetic to Swiger, but must stick to
the law. “Even though the ribbons are intended to send a positive message, they are still a symbol of personal expression that’s prohibited by city ordinance.”

He said allowing the yellow ribbons puts the city in a bad position if anyone else wants to put up a sign. “Clearly the city has been looking the other way,” Jacobs said. But that will end now, he said.

Swiger stands firm. “I am not going to take those ribbons down,” she said. Further, she wants a change to the city ordinance that will allow the ribbons. She also wants yellow ribbons to be displayed at public buildings and on the “Welcome to South Portland” signs along roads at the city’s boundaries.

District 4 Councilor Chris Bowring has asked the council to discuss the matter at a September workshop. He wants to see if the language could be modified or interpreted to allow the ribbons.

Swiger said the message is important, and helps keep the soldiers motivated and alive. “I think they deserve a little respect.”

Wednesday, August 6, 2003

Candidates line up for county charter commission

Published in the Current and the American Journal

Nine local residents have put their names in for candidacy for the Cumberland County Charter Commission, which will be elected in November to find ways to improve county government.

Some issues that seem certain to come up in the discussions, no matter whom is elected, are increasing the size of the county’s governing commission, appointing rather than electing certain county officials and consolidating emergency services dispatching.

Seven are running in District 2, representing Baldwin, Cape Elizabeth, Frye Island, Gorham, Scarborough, South Portland, Standish and Westbrook. Voters will choose two.

Shawn Babine is a town councilor in Scarborough who believes “it’s the perfect time and opportunity” to look at “how we can improve all levels of government.” He wants to look at whether the county should have its own taxing authority, rather than sending bills to the towns, which then impose taxes. He wants the town to have a voice. “As Scarborough is growing, we need to become more involved in regional issues,” he said.

James Damicis of Scarborough also is running. He worked on a project 12 years ago at USM’s Muskie School of Public Service that predicted regionalization would have taken place around the year 2000. Formerly with the Planning Decisions company as a consultant for Scarborough’s Growth and Services Committee, Damicis wants to “make county government more efficient.” He also wants to make it “more visible.”

In Aroostook County, people who are asked where they’re from will say “The County,” while here, “they might not even know the county that they’re in,” Damicis said.

David Bourke of South Portland spent 30 years in private industry and plans to advocate for what members of the public say they want from the county during a series of workshops with the charter commission. He said his experience living in other areas of the U.S. could give him valuable ideas on how to do things differently here. “New England is really behind the times when it comes to” regionalization, Bourke said.

Nancy Larsen of South Portland said she has not had a lot of time to look at the charter. A former city councilor and mayor in South Portland, she said she knows that city’s charter very well but did not know the county doesn’t have one.

John McGinty is a Cape Elizabeth town councilor and a member of the county’s budget advisory committee who has expressed reservations in the past about the county’s budget process. “One of the first things on my mind is to make the county more accountable,” McGinty said. He wants there to be more commissioners. Now, “essentially you have two people controlling a $25 million budget.”

Harold Parks of Gorham spent his career working in public administration, including as administrative assistant to the mayor in Westbrook. He wants to regionalize services, including emergency dispatching. “We have these needs and at the same time we have limited resources,” Parks said. A regional view could help meet those needs with less money.

Robert Reynolds of Gorham, a Portland firefighter, said he believes it is time to consider “regionalization or consolidation of services.” He said 495 municipal entities for a million people is too many. At the same time, “I also want to make sure that there’s no degradation of services.” Now, there is too much fragmentation. “Every community acts as if the world stops at the town line,” Reynolds said.

For District 3, representing Bridgton, Brunswick, Casco, Freeport, Gray, Harpswell, Harrison, Naples, New Gloucester, Pownal, Raymond, Sebago, Windham and Yarmouth, there are three candidates, including Thomas Bartell and Lani Swartzentruber, both from Windham.

Bartell, a town councilor, said he wants to continue his involvement in county government, where he has served on the budget advisory committee and is now a trustee for the Civic Center. He wants to look at what other counties do, both in the state and around the nation. “I’m for effective government,” he said.

Lani Swartzentruber is a Portland attorney specializing in corporate charters and bylaws. She wants to do thorough research on the issues involved in a county charter. She supports smaller, more efficient government with fewer regulations but is reluctant to cut government positions in a state that “needs more good jobs.” And though if elected, she herself would be representing people in Brunswick, she disputed the ability of a Brunswick resident to accurately represent the needs of people in Windham, where she lives. “You can’t tell me that someone who lives in Brunswick” knows what’s best for Windham, she said.

Couple sues over bedbugs at hotel

Published in the Current and the American Journal

Richard and Lyn Alleborn of Wayne, Maine, have sued the owners of the South Portland AmeriSuites hotel, claiming that bedbugs ruined their Christmas shopping trip.

It is an incident state health inspectors say has never happened before in Maine.

The Alleborns checked into the hotel on Dec. 21, 2002. And just hours later, they fled the hotel, covered in bites from bedbugs.

Lyn Alleborn had won a stay at the hotel as a prize for doing good work with her employer, State Farm, according to their lawyer, Tracie Adamson.

The suit, filed in Kennebec County Superior Court, names Ocean Properties of Portsmouth, N.H. AmeriSuites immediately addressed and corrected the problem, according to the state.

According to the lawsuit, Richard Alleborn began to itch over much of his body shortly after he got into bed in his room at the AmeriSuites. His wife then saw a bug on her and pinched it on the bedding, causing the blood-engorged pest to burst in a spray of blood on the sheets, the lawsuit says.

“He was bitten all up his legs,” Adamson said. “She had many bites over her hands and wrists,” as well as elsewhere on her body. “Mrs. Alleborn was literally vomiting, she was so horrified,” Adamson said. Some of her bites started to scar as they healed.

The suit seeks payment for medical expenses as well as compensatory damages. “The medical payments are minimal,” Adamson said.

Even Adamson didn’t know that bedbugs actually existed until she heard the Alleborns’ story. Bedbugs normally hide in mattresses and in the walls, but are drawn out by body heat, Adamson said. “They actually suck your blood,” she said.

After the Alleborns left, the hotel staff disposed of the bedding, mattress and box spring and fumigated the entire room, according to a state Bureau of Health report obtained by the American Journal.

The company that conducted the fumigation agreed with hotel staff that “bed bugs were present,” in what a state inspector called an “infestation.”

No adjacent rooms were affected, and the room had been vacant for 20 days before the Alleborns checked in, the report says. By the time the state received a complaint from Lyn Alleborn, on Jan. 7, the problem had been rectified, and an exterminator had verified that multiple insecticide treatments had killed all of the insects, according to the report.

The report says “the hotel has taken both immediate and appropriate actions to remedy the situation.”

After reviewing state health inspection records, “we cannot recall another incident like this,” said Newell Augur, a spokesman for the Department of Human Services.

A duty manager at AmeriSuites said the hotel had done “more than the state asked” to fix the problem, and referred calls to the hotel’s general manager, Michael Siemion, who did not return several phone calls before the American Journal’s deadline.

Adamson plans to ask for a jury trial in the case. She doesn’t expect it to go before a court for at least a year.

Wednesday, July 30, 2003

Donations sought for beach wheelchair

Published in the Current and the American Journal

The story of a dutiful son whose car got stuck in the sand on Willard Beach while he was trying to help his mother get into the water has spurred city councilors to ask for donations to help the city buy a beach wheelchair.

William Scully of Beatrice, Neb., whose mother lives in the area, wrote to Dana Anderson, director of parks and recreation, on June 25, to tell his unusual tale and propose a solution to the problem. On a Sunday morning in early June, Scully wrote, he took his mother to Willard Beach to go swimming.

His mother, 85, has arthritis that makes it hard to walk. “It takes her a long time to get to the water’s edge,” Scully wrote. “So in a moment of lunacy I decided to drive the old Volvo onto the beach close to the water.”

His mother safely out and swimming happily, Scully found the car was stuck up to its axles. A tow truck he called also got stuck, and a second tow truck arrived to help.

“With the help of about 20 people digging and a wide-tire F 150 Ford pickup” the car was freed, but Scully doesn’t want to have to do that again.

In the intervening weeks, he has tried to think of a solution, and rather than build an expensive boardwalk for regular wheelchair access, he found a web site, www.beachwheelchair.com, selling a balloon-tire wheelchair made especially for beach use, able to stand up to salt water and sand.

They weigh about 40 pounds and will be used to get disabled people to and from the beach, rather than having one person use it all day, said Tim Gato, aquatics coordinator for the city.

Gato is looking at two models, which will cost between $2,000 and $2,500 delivered. Scully has donated $1,000. He hopes a chair can get here before summer’s end, but if not expects it will be here in plenty of time for next summer.

Councilor Linda Boudreau read Scully’s letter aloud at last week’s council meeting and asked the public for help raising the remainder of the money needed.

“We will essentially be providing handicap access to Willard Beach,” said City Manager Jeff Jordan.

Wednesday, July 23, 2003

Fuel trucks kept out of Red Bank

Published in the Current and the American Journal

The South Portland City Council ruled Monday that the Portland International Jetport may expand, but may not truck fuel through the Red Bank neighborhood to get to a planned storage site.

The jetport’s proposal is to relocate private planes based at the jetport from one side of the main runway to the other, offering them space for hangar storage and opening more room for storage of planes only visiting the jetport for short periods.

Presently the roughly 60 private aircraft based at the jetport are parked on a paved area on the north side of the main airport buildings, according to Jeff Monroe, transportation director for the city of Portland. That location is also where visiting planes park, and it’s running out of room.

“We get a lot of people flying in over the summer,” Monroe said. As many as 30 to 40 planes a week are brought in by people who either own or rent vacation homes in Maine, he said.

The jetport wants to use a portion of a 70-acre parcel between the Red Bank neighborhood and the Fore River to allow plane owners to build hangars for indoor aircraft storage. As part of that complex, there would be at least three above-ground fuel tanks holding a total of 60,000 gallons of aviation gas and jet fuel.

To supply the tanks, the jetport had asked for permission to drive small fuel trucks along Western Avenue and Westbrook Street to get to the new area, at least until the planned Jetport Plaza Road is complete.

If that road is not complete by the time the complex is in use, the jetport argued, the only alternative would be to truck fuel across the airport’s main runway.

District Five Councilor Jim Hughes, who represents the area including the jetport and the Red Bank neighborhood, was worried about putting fuel trucks through a densely populated area and successfully lobbied his fellow councilors to limit fuel trucks to the Jetport Plaza Road.

While a timetable for the road’s completion is unclear – it is now just a short spur leading to the parking lot near the Staples store – councilors were confident that the road would be complete before the jetport space was ready. Hughes said the restriction would virtually ensure the road was built in time.

Mayor and District Three Councilor Ralph Baxter said his “worst-case scenario” was trucking fuel across the main runway.

Councilor-at-large Linda Boudreau was also worried about the dangers that could pose, mixing fast-moving aircraft with fuel trucks.

Hughes argued that limiting fuel trucks puts pressure on Portland, which must grant an easement for Jetport Plaza Road before it can be built. He said the restriction would not only improve safety but would bring the political interests of the two cities into alignment to get the road built.

District Two Councilor Thomas Maietta suggested that if the road was not complete, the private planes could taxi from the new space back to the present fueling point, keeping fuel out of the neighborhood and preserving airport safety.

In other airport business, Boudreau also noted that the next meeting of the jetport noise advisory group will be held Sept. 24. A report will be issued before that, and the meeting will discuss the report, she said.

Wednesday, July 16, 2003

Coke bust near S.P. school

Published in the Current and the American Journal

Two 25-year-olds were arrested July 9 on charges of trafficking in cocaine in a home at 566 Ocean Street, just a few doors away from the Hamlin School in South Portland.

A search of the house resulted in the seizure of three handguns, two rifles, a shotgun, several magazines and rounds of ammunition, $8,100 in cash, two scales, seven drug-packaging plastic bags, three tablets of OxyContin “packaged for resale,” methadone and a crack pipe.

The house is “well within the 1,000 feet” drug-free school zone required by state law, said Scott Pelletier, a supervising special agent with the Maine Drug Enforcement Agency, which conducted a search at the home and arrested the two people living there.

Mark Morin and Cheryl Gallant were arrested and have been charged with felony aggravated trafficking in cocaine-related drugs. Both have posted bail. Their cases will go before a Cumberland County Grand Jury next month, Pelletier said.

Morin and Gallant had left the home as MDEA agents and South Portland police were preparing to enter the home, just before 9:30 p.m., July 9. The pair was driving away in Morin’s Chevrolet Suburban when the vehicle was stopped. They were each found in possession of “an amount of crack cocaine.”

The warrant was served shortly thereafter. Agents had made special arrangements for entering the home unannounced, as they were expecting children to be in the home. “There are children there routinely,” Pelletier said.

There were none, and the kids are now “with their mothers,” Pelletier said.

In late May, an anonymous informant told South Portland Detective Steven Webster, assigned to the MDEA, that Morin was “selling cocaine base in the Greater Portland area,” according to the search warrant filed in Portland District Court.

The informant told him Morin “was known to move frequently” and usually carried a handgun when making drug deals.

On July 2, a second informant told Webster Morin was “selling in excess of one ounce of cocaine base per day” and was also “trading cocaine base for guns.”

The source, who said Morin had recently gotten three friends addicted to cocaine, also told Webster that Morin had an “extremely vicious” pit bull.

It was so vicious, in fact, that a South Portland police officer, investigating an unrelated July 4 complaint that the pit bull had attacked someone, had to shoot at the dog to turn away an attack himself. The shot missed, and the dog was unhurt.

On July 9, the day of residential trash collection in the neighborhood, police searched the trash from 566 Ocean Street and found 11 filters “used when smoking cocaine base or crack cocaine,” 10 plastic bags “commonly used for packaging drugs for sale,” four sandwich bags “that appeared to have cocaine residue” and one of which tested positive for cocaine in a field test, two used hypodermic needles and a plastic crack pipe, according to court documents.

Webster then applied for a search warrant allowing unannounced entry during nighttime hours because, the warrant states, cocaine evidence could be destroyed if the entry was announced, and because of fear Morin “may use deadly or non-deadly force in resistance.”

Guimond appointed new S.P. fire chief

Published in the Current and the American Journal

Kevin Guimond of Cape Elizabeth, a 16-year veteran of the South Portland Fire Department, is the new South Portland fire chief, replacing John True Jr., who retired in April after 10 years in the top slot and 35 years in firefighting.

Deputy Chief Miles Haskell has been acting chief in the interim and will continue as deputy chief. City Manager Jeff Jordan said 11 people applied for the job, mostly from Greater Portland, with “a handful” from within the South Portland Fire Department.

One of those was Westbrook Fire Chief Gary Littlefield, who told this newspaper he had interviewed for the job.

Jordan called Guimond, 36, who up until now was a lieutenant with the department, “a real bright guy” with a lot of experience. He is a paramedic level instructor who “has really been a part of a lot of major decisions” in the department, including the West End Fire Station committee and the decision to consolidate fire and police dispatching, Jordan said.

Guimond found out about his new job Friday afternoon and was “excited” about the decision. He wants to “continue the path we’re on,” with cross training to give firefighters other skills, including emergency medicine and hazardous materials handling.

He said he is interested in the department’s conversation about sharing services with Cape Elizabeth, but “it’s got to be the right fit.”

“Our call companies are running really well,” Guimond said. One way to improve them could be to share staff. “Neither community has enough call staff,” he said.

Guimond, who also is a part-time paramedic with the Cape Elizabeth Rescue, could be a good candidate to bridge any gaps between the departments, which already share an extensive mutual-aid agreement.

He will “take a little break” from his work in Cape Elizabeth to focus on his new job, but hopes to be able to be involved there.

Wednesday, July 9, 2003

Voters will decide GAN

Published in the American Journal

A Scarborough-wide petition drive has gathered enough signatures to force a referendum vote on the Great American Neighborhood contract zone passed June 19 by the Town Council.

The election is expected to be set for July 29, though the formal scheduling will not occur until the July 16 council meeting, which will also include a public hearing on the 397-unit, cluster housing project in Dunstan.

Because of the high school construction, polls will be at Wentworth Intermediate School.

Those opposed to the project, calling themselves NoGAN, needed to get 2,014 signatures of registered voters on a petition requesting a referendum on the project, now called Dunstan Crossing. The deadline was July 9, but things went very quickly.

“We had 2,400 (signatures) in the first six days,” said organizer Deb Greenwich. Knowing that some would be invalidated because the signers were not registered Scarborough voters, organizers kept the drive going, and turned in a total of 3,370 signatures as of the American Journal’s deadline. More were expected.

Town Clerk Yolande Justice and her staff validated only the minimum number, confirming Tuesday afternoon that there were enough.

“We’ve really pulled the town people together,” said organizer Lisa Douglas. “We like our town being a town and don’t want it to be a miniurban area.”

To make the referendum valid, 2,014 voters must turn out to actually vote. To that end, Douglas, Greenwich and others will be calling people who signed the petition, to remind them of the date and location of the election.

A“yes” vote on the ballot question upholds the council’s decision to allow the project, and a “no” vote overturns it.

GAN Developer Elliott Chamberlain said Tuesday, “I’m not totally shocked,” about the number of signatures gathered, but added he doesn’t think that every signature represents a “no” vote.

Asked how he was going to respond to the referendum, Chamberlain said, “I don’t really have any defined plans. I’ve never been through this process.”

Justice is already seeking election clerks to work July 29, expecting the election to be scheduled for that date.

The large “vote here” banner normally hanging over Gorham Road outside the high school on voting days will be hung up at the tennis courts near the entrance to Wentworth, to remind passers-by that voting is going on.

Wednesday, July 2, 2003

Towns agree to force haulers to use RWS

Published in the Current and the American Journal; co-written with Josh Williamson

Area communities have begun following Portland’s lead in requiring private waste haulers to agree, in binding contracts, to bring the waste they collect to Regional Waste Systems, a move even proponents consider just a temporary fix for the incinerator’s budget woes.

Since Portland first hammered out the contract model earlier this spring, Gorham, Windham and South Portland have each adopted nearly identical ordinances and contract requirements in recent weeks. Gorham and Windham officials teamed together when negotiating with hauling companies over the past three weeks and are requiring identical contracts in order for haulers to get permits in those communities.

“We have to give a lot of credit to Portland in this,” said Windham Town Manager Tony Plante. “They put a lot of work and time into this, and we just had to tweak it a little bit to fit our specific situations.”

The ordinance is in response to a decision by RWS to cover a budget shortfall by charging member towns fees if they don’t deliver set amounts of trash to RWS’ incinerator each year. Rather than pass the fees along to residents, the communities have chosen to force haulers to go to RWS, which is more expensive than nearby competitors.

The Maine Energy Recovery Company in Biddeford charges roughly $78 per ton, compared to $88 at RWS, and there is a facility in Auburn that charges $55 per ton.

In South Portland, the majority of both haulers and city councilors agreed to the measure, but called it an imperfect and short-term solution they were not truly comfortable with.

“We see this as a temporary measure for the next couple of years,” City Manager Jeffrey Jordan told councilors before they approved the ordinance. In 2005 RWS may be able to refinance some of its debt and improve its financial situation, Jordan said. The city’s proposal fills “a two-year gap to buy us time to plan for the future of RWS,” he said.

Jordan said most haulers will sign the agreement. Filomena Troiano, owner of Troiano Waste Services, told the council she would do so because “this is just short-term.”

“I still don’t believe it’s right” for the council to tell haulers where to take their trash, she said. She is also “a little skeptical” about RWS’ ability to become competitive, she said.

South Portland councilors expressed dissatisfaction with the situation, but said it would start to address the issue. Councilor-at-large Robert Fickett opposed the ordinance in the vote, saying it was unconstitutionally imposing flow control.

John Papi, owner of Pine State Disposal, told councilors he would not sign such an agreement. “I don’t think it’s a fair deal,” he said. “It’s flow control. It’s unconstitutional.”

In an interview, Papi complained that each town was charging fees for haulers, and simultaneously requiring them to pay more to dump trash. Gorham charges $1,400, Portland $500 and Standish $200 for hauling permits, he said.

Papi questioned the ability of city officials to enforce the ordinance. “Are they going to follow everyone around at 3 o’clock in the morning?” he asked. He said many people ignore city ordinances, including leash laws and pooper-scooper regulations.

“What are they going to do – put me in jail for picking up trash?” Papi asked.

In Windham, however, enforcing the ordinance and making sure haulers have permits and are taking their trash to RWS will become a priority for police and other officials, Plante warned.

“This does put the obligation on the communities to enforce the rules,” Plante said. “Let this be a message. If there are haulers doing business without licenses, we are going to find them and enforce the ordinance.”

Gorham Town Manager David Cole, who along with Plante met with haulers two weeks ago, said it was an advantage to both the towns and the haulers for the two communities to present a united front in negotiations. He said it saved the haulers the time of meeting twice over the same proposal, and gave the towns a little leverage.

Both the Windham and Gorham town councils have begun approving the identical contracts with each hauler individually. The Gorham Council had authorized Cole to look into creating a “franchise” system, where the town would reach a contract with just one hauling company to pick up all the trash, putting the contract out to bid among the haulers. The haulers’ willingness to sign the contracts made this unnecessary, however, he said.

“If we have haulers who are willing to be cooperative, then this will solve the problems, and solve it more quickly than the franchise option,” Cole said. “I think if we end up going the route of franchising, it effectively limits our options in the future. It’s awfully hard to go back and try a different route once you franchise.”

Gorman gets 60 years as victim’s father sentences him to hell

Published in the Current and the American Journal

Jeffrey “Russ” Gorman, 23, who lived in Scarborough and spent time working and socializing in Westbrook, was sentenced Monday to 60 years in prison for murdering Amy St. Laurent after a night of dancing and drinking in the Old Port Oct. 21, 2001.

His attorney plans to appeal the conviction and the sentence on grounds that the judge allowed inadmissible material to become evidence at trial.

The prosecution had asked for a life sentence – or 65 years at a minimum – on the basis of Gorman’s “anti-social personality,” lack of remorse and a psychological evaluation placing him “at significant risk to reoffend,” according to Assistant Attorney General Fernand LaRochelle.

Gorman’s attorney, Clifford Strike, had requested a 38-year sentence, arguing that despite the psychological evaluation, “this is a person who is capable of making gains.” Strike blamed much of the situation on Gorman’s difficult upbringing.

Before Justice Nancy Mills handed down the sentence, St. Laurent’s family spoke to the court. Her father, Dennis St. Laurent, threatened Gorman. “If you ever come out from behind those walls, I’ll send you to hell myself,” he said. St. Laurent asked for the death sentence – not a possibility in Maine.

Amy’s sister Julie, through tears, told of her anguish at how close she was to Amy in her sister’s time of need. The night Amy disappeared, Julie was “around the corner in the Old Port.” And for seven weeks while the family searched for Amy’s body, Julie drove County Road from Gorham to Portland – past the shallow grave where Amy was buried – multiple times a day. “She was right there the whole time,” Julie said.

Amy’s mother, Diane Jenkins, spoke eloquently of her older daughter, showing photos and telling stories of ways Amy helped friends in need. Thinking of Amy’s last moments, “the fear, pain and horror,” Jenkins said, “invades my thoughts, wakes my sleep and breaks my heart.”

Asking for a tough sentence, she told Mills, “please show him the compassion that he showed my daughter when he put a gun to the back of her head and pulled the trigger.”

Clutching a framed picture of Amy, Jenkins turned to face Gorman and said, “this is my daughter. And this is now how I get to hold my daughter.”

Gorman’s mother, Tammy Westbrook, spoke as well. In a disjointed plea for clemency, she told Mills her son is a good man. “He is not evil. He is not a monster.” And while she said she felt bad for the St. Laurent family, “no one ever thinks about being in my shoes.”

Gorman then sent Strike over to ask Westbrook to stop. When she would not, Gorman spoke up. “Just sit down, mom,” he said. She refused, turning the podium over to her daughter, Gorman’s sister Brittany, who professed her brother’s innocence and told the St. Laurent family, “I know that you guys are unhappy too and I’m really sorry.”

Mills then spoke to explain her sentence. “I expect that no one in the courtroom will be pleased with what I do,” she said. “I do not consider this to be a life sentence case.”

Mills concluded that the evidence did not support allegations that Gorman sexually assaulted St. Laurent, nor that the killing was premeditated.

Mills recounted Gorman’s troubled past, starting with his deceit of police investigating the St. Laurent disappearance, and including a juvenile conviction in Florida, drug use starting at age 12, and fathering two children for whom he does not now provide.

Mills told Gorman he could not hide behind an excuse of a bad life and had “chosen not to make those gains” that could have helped him improve his life.

“You have shown absolutely no remorse. To this moment you remain defiant,” Mills told Gorman as she told him he would have to spend 60 years behind bars.

After the sentencing, Strike told the American Journal he would appeal. One problem he had with the trial was that Mills allowed Westbrook’s grand jury testimony to become evidence without being challenged by defense attorneys.

During Gorman’s trial in January, Westbrook claimed she had no memory of speaking with her son after St. Laurent’s body was found and did not remember telling a grand jury about the conversation, in which Gorman allegedly confessed the crime.

Deputy Attorney General William Stokes said the appeal would likely not go to oral arguments until January 2004.

Mall built on pig farm could sell for $250 million

Published in the Current and the American Journal; co-written with Brendan Moran

Maine’s largest retail property, the Maine Mall, is up for sale, and some speculate the one-time pig farm could go for $250 million.

Until the late 1960s, the land was home to a number of pig farms. “There was at least 1,000 pigs in there – or more,” remembered Bob Fickett, a South Portland councilor who raised pigs himself on a Highland Avenue farm.

The area’s pig farmers were paid by towns to pick up trash, which they would then bring back to the farm, boil to sterilize and feed to the pigs. “Garbage that was worthless provided an income,” Fickett said.

In the late 1960s, Massachusetts developer William Lane purchased the land
piecemeal from the owners. He died in 1969, and his estate sold the parcels to Julian Cohen of Eliot, Maine. The land was wet and not great for building. “T ey drained a lot of it when they went in there” to build the mall, Fickett said.

Even now, “when they build out there they have to put in pilings that run dozens of feet into the ground,” said South Portland City Manager Jeff Jordan. The location was perfect, at the intersection of I-95 and I-295. The mall flourished, expanding several times and buying up land to create other shopping areas in the region.

Cashing out on top
S.R. Weiner & Associates, one of the companies that now owns the mall, plans to sell the 1.2 million square feet of retail space, which includes leases with Filene’s, Macy’s, J.C. Penney, Sears, Best Buy and Linens n’ Things.

Sources familiar with the mall’s operations and commercial real estate said the mall could sell for around $250 million.

Cigna Insurance and the New York State Teachers Retirement System own the mall with S.R. Weiner. Tom DeSimone, the executive vice president of S.R. Weiner, said the decision to sell the mall was unanimous.

“We did it because it made a lot of sense,” said DeSimone. Low interest rates have created a seller’s market. DeSimone also said that because the mortgage will mature next year, this would be an opportunity to sell it without debt.

“If you’re considering selling, there’s no question the time is now,” said Tom Moulton, a principal at NAI/The Dunham Group, a company that specializes in marketing commercial real estate. Moulton said the real estate market has been hot for the last couple years, but it’s unclear how long that will last.

“There is a very competitive market for this type of property, and it has a longstanding track record for outstanding economic performance,” said Jerre Bryant, the former general manager at the Maine Mall and currently the administrative assistant in Westbrook.

Bryant said the Maine Mall can charge higher rents than the demographics can support because it has virtually no competition. He said the mall also gets a boost from summer tourists. He said the mall did market research that proved as much in 1998.

“What we learned is the summer tourist in Maine is generally pretty affluent,” said Bryant. “They do spend money, and they spend it at the Maine Mall.”

Bryant said the sale made sense from S.R. Weiner’s perspective because the mall wouldn’t continue to expand at the rate it has. DeSimone said the mall has tripled in size since Stephen Weiner, the founder of S.R. Weiner & Associates, purchased it in 1981.

“The mall will continue to appreciate in value,” said Bryant. “It’s just that the rate of growth certainly was greater for the last 10 years than one would anticipate in the next 10 years. So I think the timing is good from an investment return standpoint.”

Bryant said S.R. Weiner is a much different company than it was 20 years ago. The Maine Mall was the first retail property Weiner bought, and, Bryant said, for many years it was the anchor in his real estate portfolio.

Weiner bought the mall in 1981 from Leatherbee and Company – Julian Cohen’s real estate company. Before buying the mall, Weiner
had been an executive at Leatherbee.

S.R. Weiner now owns and manages about 50 retail properties or about 14 million square feet of commercial space. Its sister company, W/S Development Associates, is currently developing 2.6 million square feet of commercial space, which includes the old Bradlees Plaza in Westbrook.

“We’ve all been in this deal for a long time,” said DeSimone. “Some of us for as much as 22 years.”

Big contributor to city
South Portland officials will be watching the sale closely to see what company purchases it and for how much. The mall contributes $3.1 million in real estate and personal property taxes to South Portland.

City Assessor Elizabeth Sawyer said the Maine Mall had been looking for a review of its assessment to get $20 million removed from its $142.8 million real estate tax assessment. But Sawyer said that request has been dropped.

Sawyer said the sale would not trigger a reassessment but said she would include the sale information in a review planned for next year, in which she will revisit last year’s revaluation of all properties. “I’m sure assessors throughout New England are going to be very interested” in the sale price, she said.

“We want the type of owner S.R. Weiner was,” said City Manager Jordan. He said the company has done a lot for the community, including supporting the People’s Regional Opportunity Program and holding charity nights around the Christmas holidays.

Jordan said the company approached him five years ago and offered to pay for a full-time police officer for the mall. He said it’s cut down on crime at the mall and saved the city money it would have had to spend on an officer to deal with shoplifting and other crimes at the mall. “Hopefully, that will continue” under the new ownership, said Jordan.

“I’d say there’s a wealth of buyers that could be interested in it,” said DeSimone, who said the buyer could be anything from a large mall management company to a pension fund.

Bryant said the Simon Property Group, the company that manages the mall, would most likely purchase the property. Based in Indianapolis, Ind., Simon Property Group manages 238 properties around the country. “They are the preeminent owner and manager of mall properties in the country,” said Bryant.

A spokesman for the company said they don’t comment before closing on a property. Simon began managing the Maine Mall in February of 2002.

“They never would have taken on the management contract if they didn’t have a desire to become owner,” said Bryant.

Bryant said consumers probably wouldn’t see much of a difference with the mall under new ownership. He said employees would probably see the biggest change.

“It’s not going to be dramatic change,” said Bryant. “I do think by virtue of being a publicly traded company that has to show a return, they do have to be a little more bottom-line oriented.”

Wednesday, June 25, 2003

State wants bigger fine for jet fuel spill

Published in the Current and the American Journal

The state Department of Environmental Protection has rejected a proposed settlement from the insurance company representing the trucking firm responsible for an April 7 jet fuel spill in South Portland and will now assess damages.

“At this point, we wouldn’t be negotiating. We’d hand them the bill,” said John Wathen, regional director for the DEP. The DEP will determine the amount based on what is expected to be a year-long study on the impact the spill had on the surrounding environment.

Both parties had hoped to reach a settlement, but the insurance company made “an insufficient offer,” according to Wathen, who said before negotiations collapsed that he was looking for “something in the six-figure range.”

Sean Dundon, the environmental-impact insurance adjuster representing the trucking company, expected it to be “less than $100,000.”

The DEP already has taken several aerial photos of the damage to the marsh grasses near the site of the incident in which a fuel tanker truck overturned on Broadway, spilling 6,000 gallons of jet fuel into the street and culverts leading to the Fore River. The accident occurred right in front of the fire and police station.

In the next two weeks, scientists will be collecting samples from the shellfish and sediment in the area and analyzing them to determine how much fuel remains in the environment and what the spill’s lasting effects will be.

“This is a process. There are a lot of things we’re going to do,” Wathen said. “All of the costs will start going on the tab.”

He said the bill, which would include staff time and lab fees as well as compensation for the environmental damage, could be as much as $500,000.

Dundon said his understanding from the DEP was that the April 7 spill was “much smaller” than the Julie N spill in 1996, which released 180,000 gallons of crude oil into Portland Harbor when a tanker hit the Casco Bay Bridge. The cleanup cost $50 million, and the DEP fine, $1 million, was finally agreed upon in 2000.

The driver of the truck in the April 7 accident, Michael McCarthy, 43, of Berwick, was given a summons for imprudent speed, a charge carrying a $98 fine.

“There is some (lasting) damage,” Wathen said. It is limited to the cove to which the spill was contained and can be seen in growth differences between marsh grasses in the area and uncontaminated places nearby.

“We’re concerned about shellfish in the mud” as well, Wathen said.

He said the study is worthwhile not only for this case, but also because jet fuel spills are relatively rare. Gathering more information about the impact of jet fuel on the environment could help people dealing with future spills, here or elsewhere.

Jet fuel is far more volatile than crude oil, which can stick on wildlife or other surfaces for months. Much of the fuel evaporated during the days after the spill, and about 40 percent of it was collected during the post-accident cleanup.

S.P. armed robber on the loose

Published in the American Journal

A man who robbed a South Portland video store at gunpoint remained at large as the American Journal went to press Tuesday. Police are seeking a heavy-set 5-foot-5 “Hispanic-looking” male in his late 20s or early 30s with a thin moustache and a thick but intelligible accent.

Just after 9 a.m. Monday, an employee of Blockbuster Video on Waterman Drive, just beside the Casco Bay Bridge, was locking the store’s door to go across the street to a bank when a man approached from behind, according to Detective Eric Jesseman of the South Portland police.

The store wasn’t even open yet, but the man told the employee he had a gun and ordered him back into the store.

Inside, the man displayed a black and white semiautomatic handgun and told the employee to clean out the safe.

The suspect, wearing a baseball cap and hooded sweatshirt to hide from security cameras, ordered the employee to lie on the floor until he left the store, at which point the employee called police. The man was seen running from the store.

Later in the day, a South Portland officer spotted a man who matched the suspect’s description near the intersection of Broadway and Evans Street. That man fled on foot, and officers were unable to catch him, Jesseman said.

Police are hoping someone may have seen the suspect loitering near the store before the crime. “This guy had to be, in my opinion, staking this place out,” Jesseman said.