Debate on city health care moves behind closed doors

SOUTH PORTLAND — The South Portland City Council in the last week has taken the debate on whether councilors should receive health insurance coverage behind closed doors.

Councilors on Monday held an executive session on the matter, its second such meeting in a week. The issue is the subject of both a lawsuit against the city and a petition signed by residents claiming that the benefit is provided in violation of the city charter.

Following Monday’s meeting, the council directed City Attorney Sally Daggett to both mount a defense, and seek a summary judgment.

“There may well be some on the council who don’t think the city should provide councilors with health insurance,” said Councilor Gerard Jalbert on Tuesday. “The problem is, Jim Gailey is named as a co-defendant. So, to not defend it, that’s just leaving your city manager out there hanging in the wind.”

At issue is whether South Portland should offer city councilors 100 percent health coverage, as it has since 1977, even though the charter limits compensation to $3,000. Daggett argued in 2009 that nothing in the charter expressly states that the $3,000 stipend is the "total" value of all compensation, "exclusive of any other benefits."

But in a Nov. 21 memo, attorney William Plouffe, from Portland firm DrummondWoodsum, answered a second-opinion call from then-Mayor Rosemarie De Angelis, saying the health care benefit "does not comply with the [$3,000] compensation limit" in the charter. However, given a dearth of relevant case law, Plouffe hedged by adding, "the answer is not free from doubt."

Three councilors now accept the health benefit. Tow Coward and Tom Blake each carry family plans, which cost $17,418 each. Councilor Maxine Beecher gets individual coverage, at a cost of $8,559. De Angelis has declined the coverage, as have Councilors Gerard Jalbert and Alan Livingston, and Mayor Patti Smith. Still, the city appropriates nearly $100,000 each year, in case any change their minds.

On Jan. 23, Al DiMillo, a retired CPA and occasional Current columnist, made good on a threat to bring the matter to a head. When the council failed to respond, or even comment, on his promise to file suit unless all councilors declined coverage, DiMillo asked that a Maine Superior Court Justice declare the benefit null and void for them, as least until officially permitted by a charter amendment.

In a legal response filed last week, Daggett asks the court to dismiss DiMillo’s suit, claiming he does not have legal standing to sue the city, a charge DiMillo, who’s acting on his own behalf without benefit of an attorney, denies. He has standing, he claims, on the simple basis of being a taxpayer.

On Wednesday, Feb. 22, the City Council met in executive session with Daggett for about 35 minutes to discuss the suit. According to Jalbert, Daggett suggested at that meeting that Monday’s previously scheduled workshop on the health insurance issue also go behind closed doors.

“It was felt that any public discussion of the issue could be seen as an admission, of sorts,” he said.
City Manager Jim Gailey declined to say why the workshop session was being closed to the public. However, Mayor Patti Smith indicated that the intent was to discuss the general issue of whether or not councilors should continue to receive the benefit, as previously planned, without confining themselves to the DiMillo lawsuit.

“I think the suit obviously encompasses that larger question,” she said. “It’s inherent, I’ll put it that way.

“I think some people are disappointed that we are not having a public session on the matter of councilor compensation,” said Smith. “It’s unfortunate, but things change with time and if we didn’t have a pending lawsuit we might be in a public forum, but we aren’t. So, that is why we are going into executive session.”

At the meeting, one resident said he had expected the private meetings.

“See, this is why I tried to get Al to hold off on filing his suit, because I knew they’d use it as an excuse to do something like this,” said Gary Crosby.

Crosby, a property manager and sometime developer who has run for City Council unsuccessfully in the past and now chairs South Portland’s board of appeals, has dogged the council on the compensation issue. He started by submitting a petition with nearly 200 signatures. When that did not seem to garner much play, he made a “tongue-in-cheek” demand that he and the 81 other appointed officials in the city also get full insurance coverage.

That demand, he said, was made to highlight the potential $1.3 million cost to the city, if, like councilors, all appointees were classified as employees, as allowed by law, for insurance purposes. Still, Crosby says he does not begrudge the councilors health care coverage, or, alternately, a raise in order that they can buy private policies. His issue, he has said, is that until expressly permitted in the charter, the benefit is “being given illegally.”

2006 Year in Review: July

JULY

July 6, 2006

Fireworks over Whizzer in Waterford

WATERFORD — A group named “Take Back Our Waterford” collected signatures to recall selectman Whizzer Wheeler at the town’s annual July 4 parade.  The drive to oust Wheeler prompted him to resign his post.  However, a short time later he beat out three others as a write-in candidate to return to his seat.

County courtroom ‘panic buttons’ fail?

PARIS — When a jail inmate became unruly at the Oxford County Courthouse, a rarely used “officer down” alert was engaged with debatable results.  Some of the clerical staff at the courthouse claimed 35 minutes passed before help arrived, while the Oxford County Sheriff’s office said the response time was closer to six minutes.  The issue also elicited debate about where the system was connected, how it worked, and who should respond.

Make way for ‘Throg’

MECHANIC FALLS — Mechanic Falls Town Manager Dana Lee starred in a recently released DVD movie as the dimwitted barbarian, Throg.  By the end of the year, Lee had resigned his position with the town, although he left to get into real estate, no acting.    

July 13, 2006

Mail thefts rattle residents

WATERFORD — Residents of Deer Hill Road in Waterford were rattled at the discovery of stolen mail, removed from their mailboxes, in some cases opened, and then discarded near the roadside.  It was one of a handful of similar incidents reported across the Greater Oxford Hills during the year.

Otisfield man, 68, runs up Mt. Washington

OTISFIELD — Gordon Chamberlain, 68, of Otisfield underwent a months-long training regimen and conquered the Northeast’s highest peak during the annual Mt. Washington Road Race, finishing 17th overall in his division.

Norway man arrested following multi-cop chase

OXFORD/PARIS — A man was arrested and charged with two counts of eluding a police officer, operating under the influence and reckless conduct with a dangerous weapon following a chase in which the man led five police officers through the back roads of Oxford and Paris before finally getting captured when he chose dead-end Paine Pond Road as his final turn.

July 20, 2006

Sheriff investigates chief deputy

OXFORD — Oxford Postmaster Marilee Cooper, 48, was granted a temporary court order of protection from Oxford County Sheriff’s Chief Deputy James Davis, 59 following allegations of stalking involving the misuse of law enforcement equipment and resources. 

Chick didn’t disclose missing money

POLAND — The mystery of Poland’s $2 million TIF debt to the Poland Spring bottling company took a new twist when Town Manager Richard Chick admitted that he had known of the problem before the annual town meeting in April.  Chick said he did not report the problem before leading the town into a new fiscal year because he had not yet identified its source.

SAD 17 eyes trimming its central office staff

OXFORD — SAD 17 Superintendent Dr. Mark Eastman announced that he would review central office staffing following the recent departure of his assistant, Mark LaRoach, with an eye toward eliminating that position.  By years end, the school board voted to keep the job, plus add a benefits coordinator.  Also on tap for next year are several new jobs created and paid for this year with the assistant superintendent's unused salary.

July 27, 2006

Grandparents to a loon

WATERFORD — The Advertiser-Democrat brought readers the story of McWain Pond residents Bill and Nancy Hanger, who worked to create a nesting place for a loon that laid in egg on the dock of their neighbors, Ed and Beverly Damon.  Pond residents got a once-in-lifetime show as the baby loon, nicknamed “Mac” was nurtured, hatched and taught to swim and by his parents.

Did Wyman steal from businesses?

NORWAY — The embezzlement investigation of former Norway Community Development Director Deb Wyman widened as it was found that she had stolen from area business as well as from state grants.  It was discovered that Wyman also pocketed loan payments made to the town, and to the Norway Brach Railroad Corporation by Northeast Tool and Die.

1961 Harrison pickup draws $23,051 on eBay

HARRISON — The Harrison Fire Department got far more than it hoped for its decommissioned 1961 Dodge Power Wagon, when the 63rd and final bid concluded the internet auction at $23,051.  Because selectmen in Harrison are only allowed to dispose of equipment valued at less than $10,000, an impromptu town meeting was quickly scheduled to approve the sale.

2006 Year in Review: May

MAY

May 4, 2006

Graveyard desecrated

PARIS — More than 50 tombstones were found toppled and broken in South Paris’ Riverside Cemetery, on Maple Street near Market Square.  Although a recent discovery, some of the damage was thought to date back to the previous fall, given the weathering seen on some marble statutes, including a life-sized angel that had its arm broken off.  Due to the size of some of the memorials, Paris police attributed much of the destruction to “adult-sized” vandals.  A group of volunteers soon rallied to clean up the cemetery.

Neighbors helping neighbors

OXFORD HILLS — The Advertiser shared stories of local citizens who rallied to help their neighbors in need, including Cindy Henson, of Oxford, who needed to travel to Omaha for intestine replacement surgery, and Norway florist Stina Josephson, laid low in the prime of life by a sudden brain aneurism.  Also, Sylvia Andrews thanked the anonymous diner at Market Square Restaurant who picked up the tab for a recent birthday meal for her mentally challenged brother.

Ex-Bethel Rotary treasurer accused of embezzling

BETHEL — William Alford, 41, of Bethel, was arrested and accused of writing more than $10,000 worth of checks to himself from Bethel Rotary accounts, while he was treasurer of that group.    

May 11, 2006

Paris slaps Growth Council

PARIS — In a dramatic vote of “no confidence” the Paris budget committee slashed funding for the Growth Council of Oxford Hills by $9,500.  Municipal leaders from Norway and Oxford soon lined up to similarly criticize the regional economic development group, citing poor communication with the towns.  In response, business leaders from Maine Machine Products, Paricon and other are companies rallied to say they might have gone out of business during the last few years without Growth Council support.  All municipal funding was restored at town meetings, but by August Growth Council CEO Brett Doney had tendered his resignation and moved to Montana.

Wyman fired

NORWAY — Norway’s Community Development Director Deb Wyman, accused in March of embezzling more than $150,000, was formally let go from her job by Town Manager David Holt following the expiration of a 30-day appeal period after being sent a notice of termination.

Rare white robin visits Paris Hill

PARIS — Rita Ross was among several women who defied the odds this week when they spotted a rare white robin flitting around the Paris Hill area.  Judy Walker of the Maine Audubon Society, said only one in 7,000 robins is born with the albino-like condition.

May 18, 2006

Oxford Aviation expands, but not here

OXFORD — In May, word broke that the airplane refurbishing company, Oxford Aviation, would develop a 93,000-square-foot facility and add 200 jobs.  However, because the company was unable to get county commissioner to expand the Oxford County Airport runway, those jobs went to the Sanford Regional Airport.

Waterford Homes hires new CEO

WATERFORD — Robert Martin of Saco took over from Ed Keiser as head of Waterford Homes, the newest of several manufactured home companies Keiser has founded in the area over the years.  Martin touted plans to focus on high end homes and predicted doubling Waterford Homes 20-person workforce within six months.  However, by year’s end the company was out of business and on the auction block.

Former Oxford town manager suspended from practicing law

OXFORD — Michael Huston, a former Oxford town manager, was suspended from practicing law for six months, with all but 10 days suspended by Maine’s Overseers of the Bar.  The decision followed actions taken in and out of selectmen’s meetings will town manager in 2004, implied that he was still a practicing attorney, when he was not.  It was the second time since 1998 that Huston had been suspended from the bar.

May 25, 2006

Two 14-year olds missing

WATERFORD/HARRISON — Two teens made headline news when they went missing this week.  The pair disappeared from a sleepover at that Waterford home of one of the girls five days before this story ran.  The day their pictures appeared in the Advertiser, the runaways were spotted in Norway and returned to their worried families.

Skate park finally ready

PARIS — After five years of planning and fund raising, a volunteer group announced that the 7,800-square-foot Oxford Hills Skate Park, a project spearheaded by of area youth, was finished and ready for its grand opening.  The news was only tempered by the fact that Bently Hamilton, often cited as one of the founders of the project most responsible for bringing it to fruition, could not be present.  He had been hired days before by an “action sports camp” in California.

Norway man charged with sex assault on 9-year-old boy

NORWAY — Richard Hamilton, 53, of Norway was arrested and  charged with committing gross sexual assault, four times, on a nine-year-old boy.  A ‘large quantity” of sexually-explicit material was taken by police from Hamilton's apartment and shipped to the Maine Criminal Justice Academy to be checked by a computer crimes task force.