South Portland High School project wins waiver

SOUTH PORTLAND — The new South Portland High School may be years away, but the school department got its first waiver for the project, June 18, by unanimous decree of the City Council.

Harriman and Associates, of Auburn, has called on the creation a new bus loop off Mountain View Road, which will become possible when a section of the school dating to 1962 is taken down.

“One of our primary goals is to take buses off of Mountain View,” said Superintendent Suzanne Godin. “Right now, the buses really stack up there.”

An April 26, 2006, traffic study done by Gorrill-Palmer Consutling Engineers, of Gray, documented 275 autos using Mountain View Drive from 7 to 7:45 a.m., including 245 passenger vehicles, 21 buses, and nine service trucks

Partly for that reason, Harriman also is suggests adding a “parent drop-off zone” at the Nelson Street extension, off the northwest side of SPHS.

However, the city’s director of public works denied the curb cuts necessary to create the new driveway loops. South Portland ordinances say one lot cannot have more than two curb cuts. SPHS already has six. Plus, curb cuts may not come within 200 feet of an intersection. The new bus loop, as well as a parent drop-off zone, would encroach within that limit at all cuts, coming as close as 105 feet of the Nelson Road intersection.

“This is not a contentious item within city staff,” said City Manager James Gailey. “The public works director always denies items of this nature and bumps it up to the City Council for their review.”

The council was only too happy to grant the waivers.

“This is just a formality,” said Councilor Alan Livingston. “The plan can’t be approved based on the ordinances, but its necessary in order for the project to go forward.”

“It really an issue of safety,” agreed Councilor Tom Coward.

The council also allowed a temporary curb cut on Nutter Street to facilitate construction. That one will be filled back in when the new building is complete.

Maine Mall appeal denied

SOUTH PORTLAND — In a unanimous vote of the five members who sat through all related testimony (more than 15 hours worth), the South Portland Board of Assessment Review on Friday denied an appeal filed by owners of the Maine Mall, who sought a refund of nearly $900,000 in 2009 property taxes.

Chicago-based General Growth Properties, reportedly the second-largest owner of mall property in the United States, contested property assessments on nine of 12 lots it owns on and around the Maine Mall site. 

According to City Assessor Elizabeth Sawyer, South Portland valued those lots at $242.7 million, using a method of assessment for commercial, revenue-producing property, which is based largely on gross revenue realized in each store. The company claims those properties should only be assessed at $181.7 million, a difference of $60 million.

Sawyer says the review board will meet at 7 p.m. on Wednesday, Aug. 17, to issue its final written decision. GGP will have 60 days from that point in which to file an appeal with the state Board of Property Tax Review.

In the meantime, Sawyer said, GGP already has filed an appeal on its 2010 property tax assessment, even though market conditions forced the assessed value down to $211 million.

South Portland paid more than $76,000 in attorney and expert appraiser fees to defend the appeal of 2009 taxes.

At the heart of both appeals is what the GGP’s appraiser, David C. Lenhoff of Rockville, Md., calls an “intangible business enterprise component.” In other words, Lenhoff claims some stores in the mall pay a higher rent, based on higher sales than they might otherwise enjoy, due to the GGP’s management expertise in creating the mix of retailers within the mall complex.

Based on South Portland’s 2009 tax rate ($14.70 per $1,000 of valuation), the city would have been on the hook for $896,465 if GGP had won the appeal.

GGP is reportedly South Portland’s largest taxpayer. In 2009, the company paid $3.7 million in property taxes to the city.

This is the second appeal in as many years by GGP, which emerged from bankruptcy protection in November. In December 2009, the state Board of Property Tax Review denied the company a $1.4 million appeal on 2006 taxes.

Jon Goldberg, a Portland attorney representing GGP, could not be reached for comment.

South Portland News Briefs

HELP FOR HUTCHINS

The old Hutchins School building on Mosher Street, leased by the city of South Portland to Mad Horse Theatre Company, is about to get a facelift.

Built in 1873, the building “has suffered greatly at the hands of time and weather,” according to Assistant City Manager Erik Carson. Although Mad Horse has “made significant improvements” to the school’s interior, the city remains responsible for the facade, and previously declared it to be in a “slum and blighted” zone, in order to qualify for Community Development Block Grant (CDBG) funding.

On July 6, the City Council unanimously approved taking up to $59,106 from a CDBG account to rehabilitate the exterior. The lone bidder on the work was Leslie T. Fossel Restoration Resources, of Alna. According to Carson, work will comply with federal standards in hopes the building might eventually win listing on the National Register of Historic Places.

Restoration includes replacing rotted soffits, window pediments and corner moldings, as well as other similar fixes to the shell of the Italianate style structure. It will not include moving doorways back to their original position under the gable end of the building, were there was one for boys and one for girls, or replacing the lost bell tower.

“It’s an excellent idea to get this building fixed,” said Councilor Tom Blake, noting that Mad Horse’s lease includes an option to buy. “This will increase the value of the property, so, ultimately, will recoup some of this CDBG money. This is actually an investment.”

GUARDING WAINWRIGHT

The South Portland City Council has awarded a contract of $26,395 to Gorham Fence Co., of Standish, to install 1,570-feet of pressure-treated wooden guardrail around the parking lot at the Wainwright Farms Recreational Field on Gary L. Maietta Parkway.

According to City Manager James Gailey, the barrier is needed “to better corral the vehicles in the complex, particularly night-time vehicles that tend to make their way onto the turf and do certain ‘brodies,’ and other things.”

One other bid was received, from Main Line Fence Co., of Cumberland, for $33,898.

The work is expected to be complete within 30 days.

DONATIONS

The South Portland City Council accepted two donations at its July 6 meeting. John Daley gave $50 for the purchase of public safety equipment, while Carlton Meyers gave $100 to the police department’s K-9 Dog program.

Then, at its July 18 meeting, the council accepted 12 donations to the South Portland Public Library totaling $540. One donation came from the South Portland/Cape Elizabeth Rotary Charitable Fund “in appreciation for providing meeting space for a Rotary event,” while the 11 others were made in memory of Martha Mills, a longtime library volunteer.

Donors included South Portland residents Leona LaFleur ($20) and Marilyn E. Reilly ($20), plus Jo Adamo, of Portland ($30); Thomas and Norma Bennett, of Gorham ($50); Carol and Christopher Colpitts, of Saco ($30); Margaret L. Cormody, of Portland ($50); Colleen Huff, of Scarborough ($50); Maybelle H. Norton, of Kennebunk ($25); Jack and Esther Tate, of Singer Island, Fla. ($40); Anne M. Tulloch, of Singer Island, Fla. ($100); and Linda Norton and William Pacino, both of Chelmsford, Mass. ($25).

“I was a longtime friend of Martha Milla,” said Councilor Maxine Beecher. “She was a person who truly loved South Portland and I think that it’s a huge honor that we accept this donations in her name on behalf of the city. She was a lover of books and she would have loved this.”

SMALLER SCHOOL

At its July 18 meeting, the South Portland City Council unanimously approved the purchase of a used modular building (measuring 52 feet long by 27.8 feet wide, big enough for two classrooms) from Schiavi Homes, of Oxford, for $65,000, using money left over in a reserve fund from elementary school construction. Schiavi was the only qualified bidder. The building comes with a one-year warranty.

Rebuilt just eight years ago, the Dora L. Small Elementary School, on Thompson Street, has already proven inadequate for neighborhood needs. Designed to house up to 280 students, the K-5 school is eyeing an anticipated fall enrollment of 323, due primarily to a spike of 38 kindergarteners due to enter the school system at Small School next year.

“For whatever reason, that neighborhood is booming right now,” said Superintendent Suzanne Godin. “Meanwhile, the populations at some of our other schools are slightly decreasing.”

In early June, parents at a public hearing overwhelmingly rejected a proposal to bus their children to other city schools, voicing a strong preference for the portable purchase from among a list of options.

Godin said the hope is that enrollment will drop within three years, so that, in 2014, the structure can be moved over to the high school, to become part of the fleet of portables that will be needed there during a planned reconstruction project.

Godin said the portable is to be delivered within 10 days of site preparation, estimated to cost between $8,000 and $10,000.

APPOINTMENTS

On July 28 the City Council voted unanimously to appoint Angela Smith, of Northeast Lane, to fill an unexpired term to March 31, 2013, on South Portland’s economic development committee. A resident of South Portland for eight years, Smith works as a financial analyst for TD Bank. She holds a master’s degree in accounting from the University of Southern Maine, as well as a CPA license.

Smith replaces James Landau, who resigned due to work commitments.

The council also appointed Edward Hellier, of Hawthorne Lane, to finish out a term to Nov. 20, 2012 on the conservation commission. A self-employed carpenter with a bachelor’s degree from the University of Maine at Orono, Hellier has lived in South Portland for 22 years. He replaces John Hatch, who moved out of state.

HONORED FRIEND

A memorial service to celebrate the life of Mary Kahl, former South Portland city attorney, will be held at 11 a.m. on Aug. 20 at Hobbs Funeral Home, at 230 Cottage Road.

Kahl, who died July 9 at age 59, represented the city from 1991 to 2008, at which time she open a private practice on Ocean Street.

“Mary brought a high level of professionalism and a great wit and humor to the job,” said City Manager James Gailey. “It made working with Mary on a day-to-day basis a joy.”

The memorial service will take place one week after the 32^nd annual “Art in the Park” exhibition at Mill Creek Park, an event Kahl had chaired for many years. According to Gailey, Linda Eastman, a member of many civic groups, including the library advisory board and the historical society, has taken over chairmanship of the art show.

“We thank Linda Eastman for being willing to step forward,” said Gailey, following a moment of silence in Kahl’s honor, at the July 18 City Council meeting.

FRESH MOW

At its July 18 meeting, the South Portland City Council unanimously approved spending $48,864 on a 2011 Toro Groundsmaster 4100 wide-area riding/rotary lawn mower with a two-year/1,500-hour warranty. The unit, which comes with a “bio-diesel ready” engine, replaces the mower affectionately known as “Big Red,” used six days per week, 30 weeks per year, mowing 25 acres per day in parks and athletic fields throughout the city.

The winning bidder was Turf Products, of Enfield, Conn. Two other companies (out of seven solicited) responded to the bid, and offered lower prices on mowers, but did not present a unit that met the explicit bid specification.

The purchase price of $55,464 includes a $6,600 discount for trade-in of the city’s 2004 Toro model 100-D riding mower. The new unit will be delivered within 30 days.

FORTFEITURE FUNDS

The city of South Portland has applied to Cumberland County Superior Court for a portion of $6,814 seized during the arrest of Mattie Mae Brown, as allowed under Maine’s State Asset Forfeiture Program.

Brown, 62, of Randolph, Mass., was stopped by South Portland police and agents of the Maine Drug Enforcement Agency on Western Avenue, Oct. 10, 2010, following an anonymous tip that claimed she was dealing drugs out of a hotel on Maine Mall Road. Found in the car were five bags of heroin and cocaine, while a search of her hotel room found more of those two substances, as well as 50 oxycodone tablets, drug paraphernalia and $3,000 in cash.

Brown pled guilty to unlawful drug trafficking in Cumberland County Superior Court, in Portland, June 27 and was sentenced to 10 years in prison, with all but 18 months suspended. 

Because South Portland police made a “substantial contribution to the investigation” it can lay claim to some of the seized assets. Any money received would supplement the department’s FY 2012 budget.

COMPUTER PURCHASE

At its July 18 meeting, the South Portland City Council agreed to buy 110 Lenovo ThinkPad Edge E-420 laptop computers from GovConnection, of Merrimack, N.H., for $61,820. The machines, to be assigned to elementary school students across the district, come with a three-year warranty.

Technology Director Andrew Wallace said the buy is part of the district’s continuing effort to slowly build up to one-to-one computing, in which each student will have a computer for his or her personal use. Even with the purchase, students in some classes still have to “double up.”

Wentworth on the ballot

Scarborough voters will decide in November on a $39.1 million bond to build a  new intermediate school.

Michael Wood

SCARBOROUGH — When Scarborough Councilor Michael Wood attended an early meeting in the latest effort to replace Wentworth Intermediate School, he made few friends among the dozens of staffers and parents who support the project.

"When I came to those first meetings, I wasn't sure if I supported this," recalled Wood. "I remembered saying, 'if' we build a new school,’ and a couple of people stared me down. ‘You mean, when,' they said."

But that was last fall. By last Wednesday, when he read a resolution proclaiming construction of a new intermediate school to be the Town Council's "highest priority," it was clear Wood had become a committed convert. He wore a T-shirt supporting the project, while propped behind his nameplate stood a bumper sticker sporting the same message.

Although no other councilor was quite so overt, all voiced unreserved support for a "new Wentworth." In a unanimous 5-0 vote on July 20, the Town Council approved placing on the Nov. 8 ballot a bond question for a new school, not to exceed $39.1 million. However, while it's now certain a bond question will be on the ballot, a final price tag and exact wording of the question have yet to be decided. According to Town Manager Tom Hall, that will be settled at the council's next meeting, Aug. 17.

In voting, councilors praised the work of the committee that helped design the building, and made the case for a new school. Even Councilor Ron Ahlquist, who could not be at the meeting, sent word via Chairwoman Judith Roy that he, too, was in favor or building a new school.

"He thinks, as do I, that it's the frugal thing to do," said Roy, referencing $2 million dumped in recent years into the building town officials have called everything short of dilapidated.

In fact, the only opinion voiced by the council that was stronger than the need for a new school was its praise for the 41-person, volunteer building committee that's championed the cause for the past nine months.

"To me, this is what it means to contribute to your community in a meaningful way," said Councilor Karen D'Andrea, heaping praise on then plan presented by committee chairman Paul Koziell.

At the July 20 meeting, Koziell gave an estimate of $37.7 million for base construction, including "extraordinarily high" demolition costs to tear down the existing school, due, in part, the presence of asbestos.

Koziell also gave a new estimate of $1.4 million to add in a geothermal heating and cooling system. Although the council will get the final say, school board Chairman Chris Brownsey said folks on his end support taking a single $39.1 million question to voters, rather than giving options with and without the geothermal package.

"That's what we are bringing forward and we were 7-0 supporting it," he told the council.

Many on the council also seemed to favor the geothermal, despite that fact that the return-on-investment (when the predicted cost to run the system will finally eclipse the original construction costs) is expected to take 18 years.

Councilor Carol Rancourt claimed global warming has made for a hotter spring season, necessitating the need for an economical cooling system. Councilor Richard Holbrook said turmoil in the Middle East makes it imperative to seek alternatives to oil heat.

The price tag with the geothermal system does make the project more expensive than a similar $38.3 million bond rejected by voters in 2006 for the same purpose. Koziell has claimed that the building design presented at that time would cost $42 million today.

To keep the base cost below the 2006 figure, the building committee has worked with architects from Auburn-based Harriman Associates to trim 21,800 square feet and six classrooms from the earlier proposal, dressing out the current design at 163,000 square feet and 40 classrooms, meant for 800 students but capable of housing 960. Enrollment is now 775.

The building committee also has shaved space off the gym, cafeteria and kitchen, while eliminating some $600,000 just days before Thursday's vote by excising an athletic field, a maintenance shed and an extra parking lot that was to have been located behind the school. Koziell said his committee will solicit outside grants in hopes of eventually restoring those elements.

Any number of elements in and around the school could change before the council takes up bond wording at its August meeting. All that's known for certain at present is that whatever price tag goes to voters, it will not exceed $39.1 million, per the adopted resolution. However, costs could still drop, said Koziell.

“We wanted a financially responsible project that would serve the teachers, the students, and the community as a whole,” he said. “I think that’s what we’ve brought.”

Scarborough council splits over land deal

SCARBOROUGH — The usual unanimity on the Scarborough Town Council was broken last week by what one member termed an attempt to give "public land for private gain."

"No way," said Councilor Karen D'Andrea. "I can't go for that."

D’Andrea made the same complaint regarding two separate land deals on the council’s July 20 agenda.

Under the terms of one agreement, a small lobster-sales business, currently termed a home occupation but looking to expand, will get to use the entrance to Black Point Park as the primary entrance to its abutting site.

The second deal, proposed by Town Manager Tom Hall, meant giving away a small triangle of land (100 feet long by 8 feet wide on its widest end), acquired by the town as part of its purchase of the Vasile parking lot on Pearl Street, in the heart of the Higgins Beach neighborhood. That parcel lies on the far side of a stockade fence that surrounds the lot.

"I don't see any long-term, viable public use for this sliver, “said Hall. “There's no practical value to the land and, frankly, the cost to move the fence to the actual property line is prohibitive.”

Hall said the abutting property owner has historically used the triangle parcel on his side of the fence "as if it were his own." However, new owners asked to have the property line "cleaned up." Hall suggested drawing up a corrective deed that would simply assign all of the town-owned land on the far side of the fence to the abutting property owner, free of charge.

Although no money was to change hands on the transaction, Hall said the abutters, Allen and Kathleen Dillaire, have "covered all legal fees" required to make the transfer happen. Hall was not able to say Thursday what those fees amounted to. Still, despite zero cost to the town, some councilors could not see their way to approve the transfer.

"I can't support this," said Councilor Carol Rancourt. "I just don't like the idea of giving away public property."

"Is this going to increase the value of their property?" asked D'Andrea.

"Sure," said Hall. "I can't tell you by how much, but it will increase the size of their lot – I can’t tell you the exact square footage –  but, to that extent, it will increase the value."

"So, we’re using publicly held property to enhance private property?" asked D'Andrea. "I can't support that."

Councilor Michael Wood countered that the transfer actually will generate revenue for the town (nobody could say how much, exactly) since added land to the abutters lot will necessarily add to what they pay in property tax.

Eventually, the council came down 3-2 in favor of making the gift.

D'Andrea and Rancourt voted against the transfer, while Wood voted for it, as did Councilor Richard Sullivan and Chairperson Judith Roy. Councilors Ron Ahlquist and Jessica Holbrook were absent from the meeting.

The other deal, involving the use of the entrance to Black Point Park by abutting landowner Eric Tomazin as an off-street entrance to his proposed business, was also passed after some discussion.

Tomazin already sells fresh lobster on the site as a home occupation. In May, he approached the Zoning Board of Appeals for a waiver allowing him to expand his business, first by selling cooked lobster, to be consumed off premises.

The 10-year, no fee license to use the Black Point Park entrance is preparatory to further expansion, which would still require Planning Board approval. The license will become void if Tomazin has not obtained that nod within three years.

Knowing of Tomazin's expansion hopes, the planning office suggested use of the existing park entrance, in order to avoid creating a new driveway on that section of Black Point Road.

"We are concerned about additional curb cuts adding to already congested traffic in that area," said Hall.

Tomazin's customers now use his personal driveway. As part of the expansion, Tomazin plans to move his small lobster shack from one side of his home to the other, closer to the Black Point Park entrance.

"By moving it over, people can access it from the park entrance," said Tomazin, suggesting that would be safer than people crowding in and around his driveway.

"I've seen your business," said D'Andrea. "It's a great little spot. In fact, I support home businesses. I think they're great. But again, I'm having some problem with this use of public property by a private entity."

Tomazin could only point out that his commercial use of the park entrance has the active support of Scarborough’s planning office.

"Oh, I hear ya," said D'Andrea. "But I'm very hesitant."

D'Andrea voted against the licensing agreement. Sullivan, Rancourt, Roy and Wood voted in favor.