Wednesday, July 9, 2003
Voters will decide GAN
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.
Friday, July 4, 2003
Hard to defend: The arboretum do come to Battery Rivardi
Outdoor theater has returned to Greater Portland, but with a puff of smoke rather than the hoped-for bang. The reuse of the area’s coastal forts, little used in times of war, as a theatrical venue is fascinating and full of incredible potential but in the Stage’s performance of Macbeth, the absent guns fired mostly blanks.
No doubt John Jacob Ulrich Rivardi, a coastal-defense engineer for George Washington, would be stunned to see the changes to the 1900-era gun emplacement bearing his name. The gun mount is now a stage, with the surrounding earthen embankments as wings from which characters can majestically enter, and, after exiting, go downslope to be hidden from view.
Instead of being blacked out to avoid being spotted from offshore, the show’s lights shine brightly above a spare set with new features added seamlessly to the concrete. Sadly, either the lights are badly aimed or the actors just plain miss their marks; several scenes’ lighting cuts off heads, feet, and even whole people.
On-stage and off-stage spaces are used cleverly, though "the wings" could use a bit more concealment: A chance glance to one side gave this reviewer a glimpse of a topless Lady Macbeth mid-costume change.
Some details are clearly well thought-out, including techno-urban costumes to fit the concrete and the clever use of gun tie-down points as musical instruments. Others hurt the performance, like the director’s quixotic choice to have several actors continually speak away from the audience.
The weakest element, however, is Seth Rigoletti, playing Macbeth. This was his vision, and should have been his to direct. Instead he has forced his director, Michael Howard, to either criticize the boss (Rigoletti is the Stage’s executive director) or shut up and run a substandard show.
Ironically the energetic young activist/actor does not "get" Macbeth, a power-hungry up-and-coming noble who treacherously elevates himself to the throne, where he becomes a jealous murdering despot.
Instead, Rigoletti plays an effete, frivolous king. His delivery, unlike most of the others’, is too fast and toneless. Shakespeare’s words are difficult for modern ears and minds. They need help from inflection, and get none from the lead actor. Picture Saddam Hussein delivering the following line: "False face doth hide what false heart doth know." Now imagine Rowan Atkinson as Mr. Bean. The first is Macbeth, the latter, Rigoletti as Macbeth.
Lady Macbeth (Miranda Hope) is far hungrier and greedier, a dark, strong character underlying and supporting her husband’s tyrannical ways. Yet her ardor seems almost comical faced with a mincing Macbeth.
The castle porter (Chris Holt) manages to reclaim some of the bawdy nature of Shakespeare, playing to the audience with a brief appearance that gets no help from the rough and at times wooden attempts of others of the supporting cast.
Not all should be tarred with this brush, however. Tony Correla (as Banquo) and Paul Drinan (as Macduff), along with Hope, are the strongest actors in this performance. Correla should have had the lead, to counter Drinan’s powerful portrayal of the anguished loyal general. Perhaps Denver Whisman (the menacing Seyton) would have been a good choice in a larger role.
And the sisters, as they are termed in this production though normally known as "the witches," are excellent and well used. Played by Deborah O’Connor, Elizabeth Enck, and Reba Short, they are allowed to have their cauldron and ceremonies in dead center stage, in the same place where Macbeth later hosts his friends. This effect is a vast improvement over other productions, which force them to make camp on the side stage.
As the play darkens, so does the sky. And down come the real pestilence: mosquitoes. Things were so bad during the first few shows that now the City of South Portland is spraying during the day. There is also spraying just before the show and at intermission, and tons of bug dope on hand for the asking. (Of course, all of these airborne chemicals may somewhat dim the feeling of a "fresh air" performance.)
From the outset, the production struggles with its bigness. The script (five acts, 28 scenes), the cast (near 30 without extras), the ideas (violence and vengeance cycling bloodily) — all are tough for any theater company, much less a brand-new one trying to make a splash. The Tempest might have been a better starting point, for its context and manageability. The most ringing critique is Shakespeare’s own, of life as "a tale told by an idiot, full of sound and fury, signifying nothing."
Written by William Shakespeare. Directed by Michael Howard. With Seth Rigoletti, Miranda Hope, Tony Correla, and Paul Drinan. At the Stage at Spring Point, in South Portland, through July 12. Call (207) 828-0128.
BACKSTAGE
• Acadia Repertory Theatre has hung out its barn-board sign. Now through July 13 is Proof, the Pulitzer Prize-winning play by David Auburn, which looks at a family’s relationships as they dance along the line between madness and genius. The Public Theatre had a great run of it last year, and the play will also be at Lakewood and Portland Stage before 2003 is done.
• Generic Theater will continue its explorations of new works with a public reading of The Gardens of Frau Hess, the first play by Milton Frederick Marcus, at Kittery’s Rice Public Library July 8 at 7 p.m. It looks at the relationship between the wife of Nazi honcho Rudolf Hess and her concentration-camp-inmate gardener.
Wednesday, July 2, 2003
Towns agree to force haulers to use RWS
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
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
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.”