the forecaster, southern edition, january 6, 2012

January 6, 2012 News of South Portland, Scarborough and Cape Elizabeth Vol. 11, No. 1

INSIDE

After holiday break, winter season gets serious2

South Portland High School renovation could begin in AprilPage 2

Disclosure gap hides $235M in work tied to officialsPage 4

Index Meetings ........................14Obituaries ......................10Opinion ............................5People & Business ........ 11

Police Beat ......................8Real Estate ....................18Sports ............................12

Arts Calendar ................14Classifieds .....................16Community Calendar .....14

See page 13See page 13

See page 20

www.theforecaster.net

Sewer rates may rise 20% over 4 years in Cape ElizabethBy Amy Anderson

CAPE ELIZABETH — Resi-dents are facing a proposed four-step, 20.2 percent increase in sewer user fees.

The money would pay for nearly completed work on the Southern Cape Elizabeth Treat-ment Plant and address mandates from the Department of Environ-mental Protection to curtail the frequency of the town’s single combined sewer overflow.

In a Dec. 30 memorandum to the council in advance of its meeting on Monday, Jan. 9, Town Manager Michael McGovern said the cost of the system improve-ments and work needed to address the combined sewer overflow is estimated at $2.5 million over the

Dill: Money a factor in possible U.S. Senate bidBy Mario Moretto

CAPE ELIZABETH — State Sen. Cynthia Dill may launch a bid for election to the U.S. Senate.

If she decides to run, Dill would be the third Democrat vying to unseat U.S. Sen. Olympia Snowe, who has been in Maine’s congres-sional delegation since 1979.

Although Snowe has been unbeatable, the number of candi-dates lined up to oppose her this year – two Democrats and two Republicans – suggests some poli-ticians believe she is vulnerable from both the left and the right.

State Rep. Jon Hinck of Port-

State motor vehicle office may leave Maine Mall

By Mario MorettoSOUTH PORTLAND —

The state is shopping for new accomodations for two Maine Bureau of Motor Vehicles offices, including the one in South Portland.

The 10-year leases at the Maine Mall and in Calais have expired, according to the secretary of state’s office. The department is requesting information and pricing from property owners who might be interested in renting space to the BMV.

The bureau has been a tenant in the mall since 1996.

The state might move the South Portland office of the Bureau of Motor Vehicles, which has been at the Maine Mall since 1996. The secretary of state’s office is soliciting information from area property owners who might

provide more space at a lower cost.

MARiO MOREttO / thE FORECAStER

Richard Fickett of Gorham, foreground, renews his license at the South Portland branch of the Maine Bureau of Motor Vehicles on Wednesday, Jan. 4. The branch’s lease expired last year, so the state is considering

moving the office, which has been at the Maine Mall since 1996.

Municipal policies violate Maine’s right-to-know lawBy Mario Moretto and Emily Guerin

PORTLAND — The pub-lic’s right to know is described in Maine by the Freedom of Acccess Act, which clearly out-lines the rules and obligations See page 10

for operating an open, transpar-ent government.

For example, a citizen who requests a document from a pub-lic agency may not be charged more than $10 per hour for time spent fulfilling that request. And

that fee can only be charged after the first hour.

I n sp i t e o f t h i s , t h e Scarborough School Board has a policy allowing officials to charge up to $30 per hour. Late last year, the board was prepared

to increase the fee to $50 per hour, but tabled the proposal after questions were raised by a reporter from The Forecaster.

The incident prompted an investigation into public right-to-know policies in cities and

towns throughout greater Port-land. That investigation revealed that Scarborough isn’t the only municipality or school district to run afoul of the FOAA.

next five years.He said $500,000 to $700,000

of the cost could be funded from existing balances in the sewer user fund and $1.8 million to $2 million could be funded through a 15-year bond to be issued in 2014. The bond will additionally require about $150,000 in annual interest expense.

The proposed rate increases are 4.5 percent in March, 5.7 percent in 2013, 5.4 percent in 2014 and 3.8 percent in 2015.

The minimum monthly rates would increase by about $3 per month from 2013 through 2015 and by $2 more in 2016.

The council on Jan. 9 is ex-

land and former Secretary of State M a t t h e w Dunlap are the declared Democratic h o p e f u l s . Harpswell ac-tivist Andrew Ian Dodge and Sco t t D’Ambroise, a former Lisbon Falls selectman, are challenging Snowe for the Republican nomination.

In announcing her possible

Dill

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South Portland High School renovation could begin in AprilBy Mario Moretto

SOUTH PORTLAND – With final design and project plans in hand, the city on Wednesday invited bids for the high school renovation project.

Four pre-qualified general contractors – JCN Construction of Biddeford, Eck-man Construction of Bedford, N.H., PC Construction of South Burlington, Vt., and Harvey Construction of Bedford, N.H. – have until Feb. 23 to submit bids. A winner will be selected by March 5.

Voters approved up to $41.5 million for the renovation and expansion in 2010. Design, construction materials and floor plans were finalized before the bids were solicited, Justine Carlisle, a member of the SPHS Building Committee, said Wednesday.

“Changes and updates were made to the plan on an on-going basis as the architects made adjustments, subcom-mittees made recommendations and the Building Committee reviewed the bud-get,” she said in an email.

An aerial rendering of South Portland High School after a $41.5 million renovation project.

Courtesy Harriman assoCiates

This rendering shows the design plan for renovated lecture halls at South Portland High School. The project was approved by voters in November 2011 and went out to bid to four pre-

approved general contractors on Wednesday, Jan. 4.

Portland-based Harriman Associates headed up the design.The plan calls for demolition of the school annex, which will be rebuilt so that it connects the school in a circular pattern that will cre-ate a courtyard and natural light well.

The original school building, at the main entrance near the administrative offices, will be kept and renovated, as

will Beal Gym, the South Portland Audi-torium and many classrooms. The school is expected to grow by 50 percent, from about 200,000 square feet to 300,000 square feet. The school will also be en-ergy efficient and feature a natural gas heating and cooling system.

The building committee said construc-tion should begin as early as April 3. The

project is expected to be complete by December 2014.

“We have worked diligently to devise a phasing plan to minimize the impact on students, teachers and the commu-nity,” Superintendent of Schools Suzanne Godin said. “However, the scope of this construction project is significant. ... Ev-eryone in our city will be affected. It is a reality facing us as we tackle a major renovation project of a public building.”

mario moretto can be reached at 781-3661 ext. 106 or [email protected]. Follow him on twitter:

@riocarmine.

GOP contender emerges in House District 122

SOUTH PORTLAND — Republican Steven Haskell announced he intends to seek the House District 122 seat held by Democratic Rep. Terry Morrison.

The district includes the Knightville-Mill Creek, Ferry Village, and Willard Square neighborhoods.

Haskell, who made the announcement at the City Council meeting on Wednesday, was born in Massachusetts and moved to Maine 31 years ago. He said he has lived in South Portland since 1999. He is a disabled U.S. Navy veteran, worked in machine shops for many years, and earned an associate degree in business manage-ment under the G.I. Bill.

Haskell said he would make welfare re-form and fending off foreign manufactur-ing competition his priorities in Augusta. He has until March 15 to return his nomi-nating petition to the secretary of state.

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Health insurance flap continues to dog S.P. councilorsBy Mario Moretto

SOUTH PORTLAND — It’s becoming clear that city councilors will not be able to meet publicly without being questioned about what they plan to do about their health insurance benefit.

“I’m here to tell you, based on the calls and emails I’ve been getting, this isn’t going away anytime soon,” resident Gary Crosby, told the City Council on Wednesday.

Crosby, who has unsuccessfully sought election to the council three times, last month gathered 131 signatures in a peti-tion to make councilors stop accepting the health benefit and send the matter to voters.

The City Charter limits councilor com-pensation to a $3,000 per-year stipend. But since 1979, councilors have also had the option of participating in the city’s health insurance plan at no personal cost. Two dissenting legal opinions have been offered on the legality of the benefit.

Last year, health insurance for four par-ticipating councilors – Maxine Beecher, Tom Coward, Tom Blake and Jim Hughes – cost the city $55,000. If all the councilors took the full family plan, the cost would be $99,000.

The issue last came up in 2009, with

CorrectionA Page 1 story on Dec. 30,

“Scarborough lawmaker’s bill tar-gets gang recruitment,” incorrectly identified Eric Berry, president of the Maine Gang Task Force.

councilors electing to do nothing to address the legal and ethical questions.

Crosby emailed councilors on Dec. 2 and suggested it isn’t right for a legislative body to allocate taxpayer money for its own ben-efit. (He contends the council does that when it approves the benefit, usually at a higher cost than the previous year, in each annual budget). He said Wednesday that only two councilors – Rosemarie De Angelis and Jerry Jalbert – responded to his message.

On Wednesday he urged the council to write a referendum to increase their stipend and strike the health benefit. He again asked the councilors to respond to his email, and was met with silence during public com-ment and again during council comments.

“They don’t answer the question because they know their position is indefensible,” Crosby said after the meeting.

Mayor Patti Smith, who does not partici-pate in the city health insurance plan, has said she hopes to bring the issue to a coun-cil workshop in February. In the meantime, frequent council critic Albert DiMillo Jr. has threatened to sue the city for breaching the charter if the benefit isn’t removed.

The council is divided on the issue: those who take the insurance have resisted taking

any action to change the status quo, while Smith and De Angelis have urged action.

Jalbert and Councilor Alan Livingston have taken a more nuanced stance, saying that changes should be made, but must be initiated by residents, not councilors.

In other business, the council accepted a no-match grant of $227,500 from the Department of Homeland Security to pay for training and equipment and to fund the salary and benefits package of Deputy Fire Chief Steve Fox, the city’s emergency management planner.

The city has accepted DHS funds since 2003, Fire Chief Kevin Guimond said. This year’s grant is down significantly from last year, when DHS issued more than $328,000.

“We can’t fund all of (our needs) with this, but we can fund a percentage of it which offsets the operating budget,” Gui-mond told councilors.

Last year, the grant paid for new security cameras and pass cards at the high school, radio upgrades, training, and replacement of outdated or worn equipment for the police and fire departments. Money from the grant also paid for the operation of emergency shelters during Hurricane Irene.

Councilors also OK’d more than $45,500 from undesignated funds for repairs to the municipal pool shell, although the move was largely for public disclosure; City Man-ager Jim Gailey had already authorized and paid for the work through an emergency appropriations provision of the city’s Code of Ordinance.

The city expects the pool to reopen on Jan. 10.

Councilors also approved the first reading of an amendment to its purchasing rules the increase the threshold requiring formal, written bids. If the proposal is approved, department heads will be able to spend up to $15,000 for supplies, services, equipment or improvements without having to initiate the bid process. The current ceiling is set at $10,000.

Proposed changes also up the ceiling to $40,000 from $20,000 on bids that require council approval.

The first reading passed 4-1, with Blake opposed. He said increasing the threshold of city council requirement was bad for dis-closure and eroded the checks and balances of city government.

Mario Moretto can be reached at 781-3661 ext. 106 or [email protected]. Follow him on Twitter:

@riocarmine.

‘Realistic’ budget a top priority for Scarborough councilorsBy Amy Anderson

SCARBOROUGH — Among their goals for the coming year, town coun-cilors hope to pass a “realistic” budget, explore alternative ways to provide es-sential services and reassess the town’s approach to economic development.

A council workshop on Wednesday was devoted to brainstorming goals for 2012 and selecting the top 10 ideas. Town Manager Tom Hall said he will present the goals to the council for formal adoption.

Discussion centered on ways to provide residents with a realistic budget for fiscal year 2013, while maintaining services and avoiding staff reductions.

Councilor Carol Rancourt said she would like the 3.6 percent Consumer Price Index to be the cap for any budget increases. Councilor Jessica Holbrook took it further and requested no change in the tax rate.

“This is my third budget now and it is (an increase of) 3 percent every year,” Holbrook said. “We can’t keep swallow-ing that and shoveling that on people.”

But Hall said the 3 percent increase, at least in the last two years, was not caused by increased expenses, but by a loss of revenue. He said the council could expect $1.3 million less in federal and stimulus money, plus any additional reductions passed on by the state.

“Even if we flat fund (the budget) on the expenditure side, we still have an im-pact to the taxpayer,” he said. “I suggest we focus on what we have control over,

which is how much we spend. I say we say we flat fund appropriations with an expectation that the tax rate not exceed the CPI.”

Another goal is to find alternative ways to deliver services and to combine or share positions between the schools and the town. While a purchasing agent and technology and energy positions are already shared, Rancourt suggested emer-gency dispatch services and employee benefits as other areas where there could be savings.

The third most supported goal was the desire to reassess the approach to eco-nomic development.

Councilor Karen D’Andrea offered several suggestions to boost economic development: encouraging green indus-try business growth, utilizing natural resources to encourage a tourist industry, and reassessing what economic growth means for Scarborough.

“Economic development has changed in the past 10, 15, 25 years,” she said. “In defining (what economic develop-ment means) we need to look at (the Scarborough Economic Development

Corp.) as well. SEDCO is operating in an old-school mode of economic develop-ment and I think we need to look at how economic development has changed and is currently changing.”

Promoting sustainable business op-portunities is another goal supported by councilors, who plan to review business-related ordinances. Hall said that would help to change the reputation of the busi-ness climate in Scarborough.

“This whole business climate and

reputation is a big barrier we need to deal with,” he said. “It may mean we need to go back and change some of our ordinances, it may mean we need to look at our zoning.”

Other goals include reviewing the public transit system, committee mission statements, and fees and licences. Coun-cilors said they also want to act on the recommendations of the Oak Hill pedes-trian study and take inventories of histori-cal buildings and town-owned properties.

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Bill, school reporting requirements would bring transparency to restraintsBy Emily Parkhurst

WASHINGTON D.C. — Between a new bill introduced in the U.S. Senate and a U.S. Department of Education request of data from all Maine schools, the restraint and seclusion of students in schools may soon become more trans-parent.

U.S. Sen. Tom Harkin, D-Iowa, chair-man of the Health Education Labor and Pension Committee, introduced the “Keeping All Students Safe Act” on Dec. 16, 2011. The bill will create minimum standards to protect public and private school students nationwide from “danger-

ous restraint and seclusion.”An investigation by The Forecaster

found that students all around Maine have been restrained in school, and that school staff sometimes used restraints considered “dangerous” under the state’s guidelines. Documents provided by the parents of three Scarborough elementary school boys showed that school staff restrained the boys nearly 100 times in three years. All three students now attend different schools.

A different version of the “Keeping All Students Safe Act” passed in the U.S. House of Representatives last year, but

was unable to clear the Senate.Also in December, the U.S. Depart-

ment of Education announced its Office of Civil Rights will be requiring all pub-lic and state-operated schools and juve-nile detention facilities to report a variety of data next year, including the number of restraints and seclusions performed on students.

That data will then be made available to the public. Currently, Maine schools do not have to report how many stu-

dents are restrained or put in locked or unlocked seclusion rooms. The Maine Department of Education has indicated in the past it is unaware how many students are restrained in Maine schools.

The state Department of Education, however, is putting the final touches on updates to its rules on restraint and seclu-sion of school children, which will include school reporting requirements. The up-dated rules are expected to soon go to a legislative committee.Emily Parkhurst can be reached at 781-3661 ext. 125 or

[email protected]. Follow her on Twitter: @emilyparkhurst.

Disclosure gap hides $235M in work tied to officials’ private groupsBy Naomi Schalit and John Christie

AUGUSTA — Between 2003 and 2010, the state paid almost $235 million to private organizations run by legislative leaders or the spouses of high-level state officials.

But because of a loophole in state law, not one penny of that spending was ever disclosed to the public in ethics filings.

An investigation by the Maine Center for Public Interest Reporting has determined that the state paid millions of dollars to organizations associated with the following officials:

• Sen. Joseph Brannigan, D-Portland, chairman of the Appropriations and Health and Human Services committees: $98 mil-lion to Shalom House, where Brannigan was executive director. Brannigan is still in the Legislature, but has not been a member of those committees since 2011.

• House Minority Leader Rep. Joseph Bruno, R-Raymond: $35.6 million to Goold Health Systems, where he was president and chief executive officer, and $49 million to Community Pharmacies, where he was a board member of the controlling group. Bruno’s legislative service ended in 2004.

• Rep. Arthur Lerman, D-Augusta, mem-ber of the Appropriations Committee: $14 million to Support Solutions, where he was executive director. Lerman’s legislative service ended in 2006.

• Human Services Commissioner Brenda Harvey: $15.4 million to Mobius, where Harvey’s husband, David Lawlor, was executive director. Harvey resigned as com-missioner in January 2011.

• Workers Compensation Commission Deputy Director Steven Minkowsky: $21.6 million to Continuum Healthcare, where Minkowsky’s wife was CEO of four facili-ties owned by the group. Minkowsky retired from the commission in February 2011.

The failure to disclose such significant financial connections between the state and high-level public officials limits the public’s ability to hold government officials accountable, said Judy Nadler, senior fellow at the Markkula Center for Applied Ethics and former mayor of Santa Clara, Calif.

“It doesn’t matter what size your state or your city, you should always err on the side of disclosure, you cannot disclose enough,” Nadler said. “It’s all an effort to allow the public to have an open and transparent government so they know where the money is coming from and going, who might be in-fluencing decisions and any considerations

AUGUSTA — Citizens who want to understand the potential conflicts between private and public interests at the Statehouse aren’t just handicapped by disclosures that don’t disclose much.

There are also the disclosures that don’t even exist.

A loophole in state ethics law means that lawmakers and executive branch officials who leave office between one year’s disclosure filing deadline and the next year’s filing deadline don’t have to file a disclosure for their last year (or portion of a year) in state government.

An example: Rep. Joseph Bruno, R-Raymond, left office at the end of 2004. Staffer Cyndi Phillips of the state Com-mission on Governmental Ethics had this response when asked for a copy of Bruno’s 2004 financial disclosure:

“Unfortunately, we do not have a disclosure form for Senator Bruno for 2004 because he would not have had to report until February 2005, when he no longer was in office.”

The disclosure law’s wording is at fault, said Jonathan Wayne, the com-mission’s executive director.

“It’s written so each legislator has the obligation to do that,” Wayne said. By the filing deadline for Bruno’s last year in office, “Joe Bruno was not a legisla-tor. So under the way the statute was written, we wouldn’t expect to receive a

statement for Mr. Bruno in 2004, which was his last year of service.”

It’s the same situation for executive branch officials who leave their jobs. There is no disclosure form on file, for example, for the last month and a half that Kurt Adams served as chairman of the Public Utilities Commission in 2008.

“Kurt Adams was not required to file a statement because he left his position in May 2008 – 11 months before the reporting deadline,” Wayne said.

Wayne wrote that statement in May 2010, adding that he and other mem-bers of the ethics commission staff be-lieved this to be a loophole in the law.

“The Commission staff plans to propose some amendments to 1 MRSA 19, including instituting a reporting requirement for former employees,” Wayne said in an email. “I’m not sure exactly what the proposed require-ment will be, but it could be something along the lines of requiring managerial employees to file a statement for the current year upon the termination of their employment.”

That change has yet to be proposed by the commission, but in December 2011, Wayne said it was an option the commission would consider for the next full legislative session in 2013.

— Naomi Schalit and John Christie

Loophole conceals officials’ interests during final year in office

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ShortRelief

Halsey Frank

What about the other side of the story?Last month, Portland’s major daily newspaper, The

Portland Press Herald, reviewed its top stories of the year. Many of them were negative stories about Gov. Paul LePage (his remarks about the NAACP, his re-moval of the mural from the walls of the state De-partment of Labor, etc.).

In the same month, the paper ran one front-page, above-the-fold story about how an editor of Forbes magazine disagreed with the governor’s interpreta-tion of the magazine’s rating of our state’s busi-ness climate. It ran another front-page story about how Democratic legislators dis-agreed with the governor’s use of state statistics about the number of welfare recipients versus the number of taxpayers. In other coverage, the paper has been taking up the cause of the director of the Maine State Housing Authority against the state treasurer over the cost of low-income housing.

Meanwhile, the governor and the treasurer have re-sorted to using alternative means to communicate with

the public, including the governor’s capitol-for-a-day visits to communities around the state and the treasurer’s mass emails. I can’t blame them given what the Press Herald has been printing for local news these days.

While it publishes opinion, it does little to dig up and present basic facts about business and government. I really don’t need a newspaper to tell me that Democrats disagree with Republicans or that some author or editor disagrees with the use to which his work is put.

What would be useful is some account of the basic facts. What are the economic indicators for our state versus others? What are their history and current trends? What are the statistics about how many Mainers are paying income tax and how many are on what form of benefit? Assuming they exist and can be accessed, what do MSHA’s records reveal about the cost of the Elm Street Terrace housing project and when that cost was questioned.

In other areas, it would have been nice to know more about all those multi-million dollar budget deficits we used to hear about each year. I don’t ever recall get-ting a satisfactory explanation of them. How about the problem-plagued, multi-million dollar computer system that the Maine Department of Human Services installed? Did the paper ever identify who got the contract and how, what the problems were, and whether they were ever solved? Or was the whole system scrapped in favor of a different one?

Has the paper broken any major story in recent years? The questionable use of funds at the Maine Turnpike Authority was identified by the state Office of Program Review and Government Accountability. The Maine State Housing Authority financing low-income housing at premium housing prices was questioned by the state treasurer. The solvency of our state pension system only got attention after we noticed that most other states were in trouble.

At best, the Press Herald jumps on the wagon after someone else reports the fire. At worst, its coverage is reactionary repudiation of conservative people and ideas. The most irrational and unsubstantiated editori-als, opinion pieces and letters do little more than call Republicans stupid, dishonest nuts.

I am not saying that the governor shouldn’t be more statesman-like. He should. But our state, like the rest of the states, our country, and the world face serious problems. We need information to make good deci-sions about them. We would be better served by a daily newspaper that provides us with information on its news pages and limits opinion, argument and rebuttal to its editorial page.

Halsey Frank is a Portland resident, attorney and former chairman of the Republican City Committee.

Rousselle’s view from the right is wrong

My heart goes out to Christine Rous-selle. Imagine working at Walmart and having to spend “hours upon hours toiling away” serv-ing a “question-able clientele” she considered be-neath her dignity to serve.

She was forced to observe alleged mis-behavior on the part of some recipients of financial aid. She describes “generations of families” appearing at her cash regis-ter to buy food, of all things. She also was subject to rude behavior of people ignoring her while on their cell phones. Can you imagine this happening outside a Walmart?

To what kind of hell was this young woman subjected? Customers actually felt sorry for her, that it must be “tough to stand on a mat all day.” Our plucky girl replied, “Well it’s a job,” denigrating as she may have considered it to be. When a customer suggested that women in line ahead of him should be treated to “steel drums and cement,” she remembered “why I vote Republican.” I was unaware the Republican platform has a plank writ-ten by Tony Soprano.

She concludes that “something is terribly wrong.” I agree. It is wrong to

Legislature should reject LePage cuts

Gov. LePage’s proposal to cut funding to assisted living facilities such as ours, as reported last week by The Forecaster’s Amy Anderson, is a penny-wise, pound-foolish plan.

The Chebeague Island Commons, like almost 160 similar providers in Maine, offers care to elders who can no longer live in their own homes. A portion of

present gross exaggerations as the norm. It is wrong to impugn those less fortunate with anecdotal accounts colored by per-sonal prejudice. It is wrong to condemn an entire system based on the perceived abuse attributed to an undetermined frac-

tion of its partici-pants. It is wrong to pander to the most selfish instinct of human nature by seeking scapegoats to advance a politi-

cal agenda. It is very wrong.Tom Foley

Cumberland Foreside

our costs come from MaineCare, the program the governor plans to cut by $120 million.

If we are forced to close or reduce services, our residents face untenable options: Move off the island into skilled nursing homes, where the per-day cost of services underwritten by MaineCare is far higher than our cost of providing care, or return to their homes to manage on their own or become dependant on their families. Then, a health crisis will almost certainly result in a trip to the emergency room or hospitalization, where treatment, also underwritten by MaineCare, is even more expensive.

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LePage argues the cuts are needed to close a deficit in the state Department of Health and Human Services’ budget. This isn’t eliminating costs, it is simply ensur-ing that the ultimate price for care will be higher. We represent precisely the kind of enterprise the governor claims to sup-port: Mainers helping Mainers, delivering cost-effective services while at the same time offering good jobs in communities that need them.

Our representatives in Augusta need to say no to this shortsighted plan.

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No SugarAdded

Sandi Amorello

Governor’s budget pits Mainers against MainersBy Sen. Joseph Brannigan

Gov. Paul LePage’s recent Department of Health and Human Services budget speaks to the failure of his ad-ministration to create jobs and implement a catalyst for economic recovery. But most importantly, the governor uses this budget just as he did in January 2011 to play Maine people against each other.

This tactic seeks to blame unpopular groups and, in many cases, powerless and unacceptable people in the governor’s perspective.

Last year, when the governor presented Maine’s two-year budget to the Legislature, he pitted the pub-lic against state employees, teachers, and persons on welfare. He cast these groups as the culprits for all of Maine’s economic woes. This budget, as well as the governor’s legislative package, contained no job-creation proposals.

This most recent budget portrays the low-income, the elderly and disabled, veterans, and children as the culprits. The governor’s proposals include eliminating most beds for elderly and disabled residents of private, non-medical institutions, also known as PNMIs.

More than 4,000 residents will be turned out of these facilities with no place to go. There is no plan in the governor’s proposal to help them. PNMI residents have an average age of 81 years, are primarily women, have no home or apartment to which to return, cannot live on their own, and 48 percent suffer from dementia. A significant number are also aged and disabled veterans.

Low-income elderly and disabled also lose financial assistance for prescription drugs and assistance toward payment of their Medicare Part A and B premiums. A total of 72,000 seniors will lose their Medicare Part D co-payments, 21,500 seniors will lose help with their Medicare Part A and B deductibles and co-insurance, and 18,500 seniors will lose all assistance under the Medicare Savings Program.

The governor’s budget also eliminates health insur-ance coverage for 16,000 childless adults with incomes of 100 percent or less of the federal poverty level. In addition, the Parents of Children program is cut by 50 percent. These groups are among the lowest income households in Maine. In addition, there is a popula-tion of homeless veterans who, up to now, have been receiving health care by means of the Childless Adult program, but who lose this access to health care under the governor’s proposal.

The governor’s budget eliminates all state funding for

When Yankees swapOn Christmas Eve, I once again had the pleasure of

being witness to the odd ritual known affectionately (to some) as the Yankee Swap.

Growing up in northern New Jersey, I’d never heard the word “Yankee” associated with holiday gift giving. Sure, I’d heard of Yankee Doodle and the New York Yankees, but these had nothing to do with Christ-mas. Perhaps I’d just led a sheltered life, or perhaps it was because I didn’t live in New England. It may have also had something to do with the fact that Christmas Eve at our house didn’t generally involve a swap-appropriate guest list the size of a football team.

Things changed drasti-cally for me when I joined my late husband’s large, half-Italian, Massachusetts-centric family. Christmas Eve meant a house overflow-ing with people – and we’re merely talking immediate family: parents, brothers, sisters, spouses and an ever-growing array of nieces and nephews. Someone was always pregnant, had recently given birth or was toting along a toddler or two.

The large, bustling family gathered in what could not have been a more traditional and festive Colonial home, and warmed my heart. Laughter, merriment and eggnog were abundant. And then came the Swap – the event everyone anticipated with both joy and trepidation, the cherry on top of the Christmas Eve sundae.

For those not familiar with Yankee Swap, the process goes something like this:

Each participant brings a wrapped, unmarked gift (the value of which must not exceed the predetermined price limit). Guests randomly draw numbers from a hat, and

Head Start, and for 7,000 youth ages 19 and 20 years old – many of whom are foster children with no parents.

Another provision of this budget provides mental health funding exclusively for severe and persistent mental illness. Low-income residents with a lesser degree of mental illness will receive no state assistance for mental health services, and their opportunities to be productive members in our society will be put at risk.

There is a substantial cost that is not taken into con-sideration in the governor’s budget. Nearly 4,500 jobs will be lost, including jobs in hospitals, doctor’s offices, residential treatment facilities, laboratories, and many other health related facilities. There will be a loss of state income and sales tax revenues as a result of these job losses. When more than 65,000 individuals lose their

MaineCare health insurance, they will end up in emer-gency rooms or foregoing treatment until they require the most expensive care. The result will be substantial increases in health insurance premiums that working people will have to absorb.

The governor and DHHS prepared this budget in iso-lation, without consulting any of the groups adversely impacted by this budget. Instead of working with all stakeholders to make more efficient use of Medicaid, the Administration chose to divide Maine people against each other and blame the “unfortunate” for the problems of the state.

There are far better solutions. I will vote against the budget in its current form, and I will urge all my col-leagues to vote against it.

State Sen. Joseph Brannigan, a Portland Democrat, is serving his sixth term representing District 9, which in-cludes parts of Westbrook and Portland.


select gifts from the pile in that order.The person who draws No. 1 picks a gift (that is not

their own) and opens it for all to see.That’s when the otherwise loving relatives will begin

plotting which gift they will eventually try to rip from another loving relative’s grasp.

The person who draws No. 2 then chooses a gift and opens it, and must decide whether to keep it or swap it for the first player’s gift. Each person in order then se-lects a present, opens it and decides whether to keep it or swap it for any other gift someone has already opened.

This continues until all presents have been chosen. Finally, the person who picked first gets to choose from all the gifts or keep what he or she has already received. In the end, the gift you are holding is the gift you take home (unless you steal one from someone else and/or cut a deal).

This may all sound like festive holiday fun, but things can go very wrong.

First, there is the price ceiling.Many people take this “upper limit” as the amount

of money they should spend on the gift. Other people stay as far from this number as possible. This is when trouble begins to brew, because really, who wants to go home with a $5 Snuggy if they have contributed a $25 pair of cashmere socks?

And then there’s the issue of some gifts not appear-ing as valuable as they really are. A crass remark about some people “being so cheap” in reference to our

thoughtfully chosen set of Williams-Sonoma marshmal-low roasting sticks (with telescoping handles!) nearly caused me to throw the Yule log at a particular sister-in-law one Silent Night. This was, of course, the same relative whose own Swap contribution was something she’d picked up for 20 American cents while on vacation


Drop us a lineThe Forecaster welcomes letters to the editor as a part of the dialogue so impor-

tant to a community newspaper. Letters should be no longer than 250 words; longer letters may be edited for length. Letters to the editor will also always be edited for grammar and issues of clarity, and must include the writer’s name, full address and daytime and evening telephone numbers. If a submitted letter requires editing to the extent that, in the opinion of the editor, it no longer reflects the views or style of the

writer, the letter will be returned to the writer for revision, or rejected for publi-cation. Deadline for letters is noon Monday, and we will not publish anonymous

letters or letters from the same writer more than once every four weeks. Letters are published at the discretion of the editor and as space allows.

E-mail letters to [email protected].

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A right-left primer for 2012If you have followed the Republican presidential

primary debates, the congressional budget debacles, the war of words waged nightly between Fox News and MSNBC, the editorials in local, state, and national publications, the letters to the editor and online comments engendered by local newspaper reports, the demonstrations pro and con on President Obama’s progressive agenda for the United States and Gov. LeP-age’s conservative agenda for Maine, and the warring partisan websites from which tea party conserva-tives and Occupy Wall Street progressives get their self-affirming information, you know all too well that America is polarized to the point of national paralysis.

Here’s what con-servatives think of liberals:

Liberals are people ruled by emotions. They are tender-hearted, warm and fuzzy people who can’t stand to see anyone suffer. They think large state and federal governments are the only way to relieve suffering. In order to enable the state to care for all the people, liberals support high, confiscatory taxes and what amounts to a socialist society, a nanny state in which housing, health care, educa-tion, employment, and food are all supplied by the government.

Liberals detest free-market capitalism, because competition guarantees that some people will be winners and others will be losers. They believe that

profits are evil because they exploit workers and reward owners. Liberals blame the wealthy for the current economic crisis, but what they refuse to understand is that wealthy, successful people are job creators. Liberals are tree-huggers who value owls and newts over economic prosperity. If they had their way, guns and hunting would be outlawed.

Liberals have created a welfare state that has destroyed individual incentive and turned genera-tions of poor people and illegal aliens into wards of the state guilty of rampant welfare fraud. They bus immigrants, poor people, and students to the polls in a campaign of voter fraud designed to maintain their grip on power.

Liberals are hypocrites. They hate America. They are essentially unpatriotic communists.

Here’s what liberals think of conservatives:Conservatives are people ruled by prejudice. They

are basically racists trying to drag America back into a past they liked and understood. They are hard-hearted, cold, selfish people who don’t care what happens to anyone else as long as they are comfortable. They think both the state and federal governments are the enemy. If they had their way, there would be no public health, public educa-tion, public housing, public employment, or public assistance. People would just have to take care of themselves.

Conservatives love free-market capitalism, be-cause they mistakenly confuse economic success with human value. Conservatives blame the poor for the current economic crisis, but what they refuse to understand is that wealthy, powerful people are actually to blame. They do not create jobs, they just create generational wealth for themselves. Conser-vatives are eco-terrorists who would cut down and kill every living thing in nature if it meant personal profit. They are all antisocial gun nuts prone to violence.

Conservatives would create a police state ruled by rich, powerful individuals and corporations. They would impose the death penalty for all manner of crimes, build fences with gun towers along every state and federal border, and turn everything from education and health care to national defense over to for-profit corporations.

Conservatives are hypocrites. They hate America. They are essentially unpatriotic fascists.

So what ever happened to wise, public-spirited, experienced leaders who take a moderate, problem-solving approach to government and put the public interest ahead of personal and partisan gains? No wonder Americans despair of ever climbing out of the hole this country has dug for itself. Extremism in defense of liberty is getting us nowhere.

Only 48 percent of Americans say they see anyone running they think would make a good president. President Obama’s job approval rating is hovering around that same 48 percent. And Con-gress’ approval rating just hit an all-time low of 11 percent.

Looking ahead to the 2012 elections, therefore, what I see these numbers and this extreme polariza-tion in American civic life adding up to is a recogni-tion on the part of the general public that Obama is their only moderate choice and that the extremists in Congress simply have to go.

Come November, I predict Obama will be re-elected, a lot of tea party congressmen will find themselves back out on the street, and Democrats will regain control of the Maine Legislature.

That would be a happy New Year.Freelance journalist Edgar Allen Beem lives in

Yarmouth. The Universal Notebook is his personal, weekly look at the world around him.

The UniversalNotebook

Edgar Allen Beem


No Sugar Addedfrom previous page

shopping at a marketplace in India.I’ve seen parents use their children as decoys to keep

their loot – placing the coveted 1995 Santa Beanie Baby into a toddler’s hands so no one would dare claim it.

(That one didn’t work on Drew and me and we took it anyway. The kid started crying, but we thought his parents needed to be taught a lesson in Yankee Swap etiquette. Grow up, or go home.)

Yankee Swap is not for the faint hearted. It may sound innocent, but remember, those Yankees have been known to be thick-skinned, fearless. And cheap.

As always, swap responsibly and use protection. You only get one year to recuperate.

No Sugar Added is Cape Elizabeth resident Sandi Amo-rello’s biweekly take on life, love, death, dating and single parenting. Get more of Sandi at irreverentwidow.com or contact her at [email protected].

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South Portland arrests

12/25 at 7:02 p.m. Jonathan Hines, 47, of South Portland, was arrested on Nutter Road by Officer Kevin Sager on a charge of operat-ing after suspension. 12/25 at 8:39 p.m. Vuni D. Luka, 24, of Portland, was arrested on James Baka Drive by Officer Philip Longanecker on a charge of operating under the influence.12/26 at 12:50 a.m. Shane Halacy, 37, of South Portland, was arrested on Cottage Road by Officer Chris Schofield on charges of domestic-violence assault and obstructing the report of a crime and on a warrant.12/27 at 11:24 a.m. Harold Southard, 38, of Biddeford, was arrested on Main Street by Officer John Bostwick on a warrant.12/28 at 12:43 a.m. Michael C. McNamara, 40, of Bar Harbor, was arrested on Broadway by Officer Brian McCarthy on a charge of violating bail conditions of release.12/29 at 1:46 a.m. Donald D. Littlefield, 41, of Portland, was arrested on Westbrook Street by Officer Kevin Theriault on a charge of operating after habitual license revocation.12/29 at 3:16 a.m. Brian T. Hyson, 20, of South Portland, was arrested on Main Street by Officer Brian McCarthy on a charge of operating beyond license restrictions.12/30 at 4:51 p.m. Jacob A. Greenier, 27, of Millinocket, was arrested on Maine Mall Road by Officer Benjamin Macisso on charges of theft by deception and receiving stolen property.

Summonses12/23 at 9:55 am. Justin Murphy, 21, of South Portland, was issued a summons on Main Street by Officer John Bostwick on a charge of operating without a license.12/24 at 1:46 a.m. Michael A. Krasowski, 23, of Portland, was issued a summons on Casco Bay Bridge by Officer Kevin Gerrish

on charges of possession of a scheduled drug and possession of marijuana.12/24 at 4:34 p.m. John D. Bagonzi, 18, of Falmouth, was issued a summons on Maine Mall Road by Officer Philip Longanecker on a charge of theft by unauthorized taking or transfer.11/26 at 8:40 p.m. Two 17-year-old South Portland boys were issued summonses on Lincoln Street by Officer Jeff Levesque on charges of possession of marijuana.12/27 at 3:32 a.m. Milan Misljenovic, 28, of South Portland, was issued a summons on Ridgeland Avenue by Officer Shane Stephen-son on a charge of theft of services.12/27 at 10 p.m. Christopher DiMastronto-nio, 23, of Gorham, was issued a summons on Main Street by Officer Jeff Levesque on a charge of burglary.12/28 at 2:20 a.m. Andrew T. Richards, 19, of South Portland, was issued a summons on Ocean Street by Officer Chris Schofield on a charge of leaving the scene of an accident.12/29 at 12:01 a.m. Paula Callen, 29, of South Portland, was issued a summons on Broadway by Officer Kevin Sager on charges of possession of marijuana and operating a motor vehicle with a license expired for more than 90 days.12/29 at 8:51 p.m. Carlin Stimus, 20, of South Portland, was issued a summons on Broadway by Officer Jeffrey Pooler on a charge of sale and use of drug paraphernalia.12/29 at 9:23 p.m. Michael Rockwell, 53, of Gorham, was issued a summons on Foden Road by Officer Rocco Navarro on a charge of operating with a suspended registration.12/29 at 9:51 p.m. A 17-year-old South Port-land girl was issued a summons on Broadway by Officer Jake Hall on a charge of operating after suspension.12/30 at 5:30 p.m. Christopher Julian, 30, of Westbrook, was issued a summons on Maine Mall Road by Officer Benjamin Macisso on a charge of theft by unauthorized taking or transfer.

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Fire calls12/27 at 8:17 a.m. Unintentional transmission of alarm on John Roberts Road.12/27 at 8:35 a.m. Carbon monoxide incident on Broadway.12/27 at 1:08 p.m. Steam or other gas mis-taken for smoke on Jamestown Court.12/27 at 6:09 p.m. Motor vehicle accident with injuries on Maine Mall Road.12/28 at 12:23 a.m. Power line down on Broadway.12/28 at 12:25 a.m. Telephone or cable wire down on Whitehall Avenue.12/28 at 12:45 a.m. Alarm system activation, no fire, on Ocean Street.12/28 at 2:11 p.m. Overpressure rupture, explosion or overheat on Preble Street.12/29 at 7:51 a.m. Alarm system activation, no fire, on Main Street.12/29 at 12:21 p.m. Telephone or cable wire down on Cash Street.12/29 at 4:15 p.m. Ice rescue on Clemons Street.12/29 at 10:23 p.m. Alarm system activation, no fire, on Lincoln Street.10/30 at 7:52 a.m. Extrication of victim from vehicle on Gorham Road.10/30 at 4:10 p.m. Overheated motor on Sable Oaks Drive.10/31 at 12:24 p.m. Carbon monoxide alarm due to malfunction on Brigham Street.1/1 at 8:01 a.m. Carbon monoxide alarm due to malfunction on Sixth Street.1/1 at 11:38 a.m. Arcing, shorted electrical equipment on Westbrook Street.1/1 at 11:08 p.m. Accident or potential ac-cident on Westbrook Street.1/1 at 11:26 p.m. Motor vehicle accident with injuries on Broadway.1/2 at 9:11 a.m. Motor vehicle accident with injuries on McKinley Street.1/2 at 1:58 p.m. Motor vehicle accident, no injuries, on Western Avenue.

EMSSouth Portland emergency medical services responded to 55 calls from Dec. 27, 2011 through Jan. 3.

CapE ElizabEth arrests

12/31 8:20 p.m. Aaron Charles Williams, 30, of Somerset Street, South Portland, was arrested by Officer Rory Diffin on Ocean House Road on a charge of operating under the influence.1/1 at 3:33 a.m. Jacquelyn C. Kelly, 20, of Oakview Drive, was arrested by Officer Rory Diffin on Ocean House Road on a charge of operating with a suspended registration.

SummonsesThere were no summonses issued from Dec. 27, 2011 - Jan. 2.

Dis-cord12/28 A resident of the Mitchell Road area contacted police to report an alleged theft of firewood. Police report the woodpile was located outside and a few armfuls appeared to be missing.

Fire calls12/27 at 11:10 p.m. Utility pole fire on Spurwink Avenue.12/27 at 11:12 p.m. Fire alarm on Cooper Drive.12/28 at 1:13 a.m. Arching wires on Silva

Drive.12/28 at 2:09 p.m. Mutual aid to South Portland.12/31 at 5:22 p.m. Fire alarm on Cedar Ledge.12/31 at 6:23 p.m. Mutual aid to South Portland.1/2 at 1:06 p.m. Furnace problem on Law-son Road.1/2 at 6:24 p.m. Fire alarm on Belfield Road.

EMSCape Elizabeth emergency medical services responded to 11 calls from Dec. 26, 2011 to Jan. 5.

SCarborough arrests

12/26 at 2:05 p.m. Spencer A. Marcuse, 23, of Cleaves Street, Biddeford, was arrested on Route 1 by Officer Garrett Strout on a charge of operating with a suspended or revoked license and on a warrant.12/26 at 4:43 p.m. Mark A. Luxton, 27, of Longmeadow Drive, Gorham, was arrested on County Road by Officer Andrew Flynn on a charges of carrying a concealed weapon and unlawful possession of a scheduled drug.12/28 at 5:12 p.m. Paul M. Arnott, 24, of Josslyn Street, Portland, was arrested on Payne Road by Officer Timothy Dalton on charges of unlawful possession of oxycodone, possession of marijuana and unlawful traf-ficking of scheduled drugs.12/28 at 5:12 p.m. Michael D. Leavitt, 24, of Patricia Avenue, Raymond, was arrested on Payne Road by Officer Timothy Dalton on a warrant.12/30 at 1:18 a.m. Michael J. Wheeler, 44, of Storer Street, Saco, was arrested on Route 1 by Officer Garrett Strout on a charge of operating under the influence.12/30 at 8:56 a.m. Susan L. Clark, 46, of Congress Street, Portland, was arrested on Foxcroft Drive by Officer Andrew Flynn on a charge of operating with a suspended or revoked license.1/1 at 4:34 a.m. Heather L. Hamm, 30, of Spring Street, Westbrook, was arrested on Colonel Dow Drive by Officer Robert Moore on a charge of violating bail conditions of release.

Summonses12/26 at 5:14 p.m. Christopher D. Berry, 19, of Beech Ridge Road, was issued a summons on Gallery Boulevard by Officer Andrew Flynn on a charge of theft by unauthorized taking or transfer.12/28 at 12:23 p.m. William A. Cousens, 31, of Hill Street, Biddeford, was issued a summons on Coralburst Lane by Officer Andrew Flynn on a charge of possession of a suspended or fictitious license.

False alarm12/29 at 12:26 p.m. A maintenance employee at Olde Millbrook reported a sign missing from the property. The employee suspected the sign had been stolen, but later found out it had been taken by a member of the Home Owners Association for repairs.

Fire calls12/26 at 11:06 a.m. Gas alarm on Waldren Drive.12/26 at 9:15 p.m. Water problem on Bay-view Avenue.12/28 at 10:30 a.m. Waterflow from alarm on Southgate Road.12/28 at 11:34 a.m. Elevator problem on Spring Street.12/31 at 10:22 p.m. Chimney problem on Avenue 3.1/1 at 9:17 a.m. Possible chimney fire on Sylvan Road.

EMSSouth Portland emergency medical services responded to 41 calls from Dec. 26, 2011 through Jan. 1.

from previous page


Obituaries

Obituaries policyObituaries are news stories, compiled, written and edited by The Forecaster staff. There is no charge for publication, but obituary information must be provided or confirmed by a fu-neral home or mortuary. Our preferred method for receiving obituary information is by email to [email protected], although faxes to 781-2060 are also acceptable. The dead-line for obituaries is noon Monday the week of publication.


John Gregory Caterina Sr., 85: WWII veteran, great supporter of the Boys & Girls ClubsSCARBOROUGH — John Gregory

Caterina Sr., 85, died Dec. 31 at the Maine Veterans’ Homes in Scarborough.

Born Jan. 21, 1926, he was the son of Anthony E. and Mary Hopkins Caterina. He was lovingly raised by his stepmother, Doris H. Caterina.

He was a native of Portland and grew up on Munjoy Hill where he and his older brother, Francis, sold newspapers, caddied at the Portland Country Club and delivered lunches to the longshoremen to help the family during the Depression.

At a young age, Caterina joined the Portland Boys Club as one of its early members. He fondly recalled his time at the Boys Club and credited the program with giving him direction and a love of sports during his youth. He frequently joked that “they kept me out of jail.” In Feb. 2009, Caterina was recognized by the Club as one of their oldest surviving members.

He was a multi-sport standout at Port-

land High School, where graduated in De-cember 1943 and immediately enlisted in the U.S. Navy. He served in the South Pa-cific on the light cruiser, U.S.S. Pasadena, seeing action at Leyte Gulf, Iwo Jima, the Philippines campaign and the invasion of the Japanese homeland. His ship was an-chored next to the U.S.S. Missouri at the signing of the surrender that ended World War II. The ship was among the first ships and crews to enter Occupied Japan and to spend time in Tokyo. He spoke frequently of the sorry state of Tokyo and the wel-come they received from a population thoroughly tired of war.

Upon returning home, Caterina returned to school on the GI Bill and received and associate degree in business. He later earned a certificate in banking from Wil-liams College. Caterina worked in banking his entire life, starting with ownership of the Lewiston/Auburn Credit Bureau, and then with a long career with Canal Nation-al Bank and Pepperell Trust in Biddeford.

As a member of the South Portland Planning Board in the 1960s and 1970s, Caterina played an instrumental role in the development of a crucial area of the city, the Maine Mall.

As an avid golfer, Caterina was a member of the Purpoodock Club in Cape Elizabeth and the Biddeford-Saco Country Club in Saco.

Caterina married Mary Ann Bennett in 1954 in South Portland where they resided with their three children for many years.

He was predeceased by his wife, Mary Ann, in November of 1999.

He is survived by his daughters Jean-Marie Caterina and her husband Geoff MacLean and their daughter Caterina MacLean and Jane Caterina Greer and her husband Larry and their son Michael Greer; his son John G. Caterina Jr. and his daughters Alicia Caterina and Carmen Caterina; brothers Albert and Robert; and many nieces and nephews.

A memorial Mass will be held on Jan. 7

at 11 a.m. at St. Bartholomew’s Church, 8 Two Lights Road, Cape Elizabeth. Burial will be in Calvary Cemetery.

As it was Caterina’s great desire that other children would benefit from the op-portunities the Boys & Girls Clubs offer; donations can be made in his name to: The Boys and Girls Club of Greater Portland, P.O. Box 7830, Portland, ME 04112.

The family would like to thank the Maine Veterans’ Homes, Aging Excel-lence, Mickey Higgins, Rakefet Kahn, and neighbors Tony and Sally Wagner for the wonderful care they provided to Caterina in his declining years.

FOAAfrom page 1

While many area government officials understand their FOAA rights and respon-sibilities, some may not uphold their obliga-tion to residents to provide open access to government.

Extralegal feesIn addition to the $10 per hour cap, state

law allows agencies to charge “a reason-able fee” to cover the cost of copying documents.

But in Freeport, officials charged a resi-dent $28.75 per hour for a request received in May 2010, reflecting the salary of the employee who filled the request.

The resident’s request, for all meeting minutes and agendas related to consolida-tion of emergency dispatch services, took town staff 90 minutes to complete and resulted in a $43.13 charge for labor.

After being asked about the charge by a newspaper reporter, officials in Freeport gave the resident a refund of $28.13.

The Freeport Town Council is working on a draft of a public documents policy, and until it’s completed, town staff said the town would follow Maine FOAA law.

In Brunswick, the Town Council adopted a policy in 2006 that allowed the town to charge for inspection of public documents if the research to find the files or the time needed to view them is “lengthy,” or if it requires removing an employee from his or her routine duties. In that case, the policy allows the town to charge a fee equal to the employee’s hourly wage.

That’s despite a 2003 amendment to Maine’s FOAA that states government agencies and officials may not charge citi-zens for inspection of documents.

Town Manager Gary Brown said he has never charged anyone to view a document, and noted that while the town’s policy al-lows an employee to charge for inspection, it doesn’t mandate it.

“I’m confident that we never charged anybody to have an employee monitor the inspection of the records,” Brown said. He called the policy “poorly written” and “prob-ably inconsistent with the (state) statute.”

Brunswick isn’t the only local govern-

ment that claims it doesn’t adhere to its own public information policy. Most mu-nicipalities and school districts said they rarely consult their policies or charge for simple, day-to-day requests, such as copies of meeting minutes or agendas.

‘Clumsy’ languageUnder Maine’s FOAA, government agen-

cies are obligated to provide all requested information that falls under the public’s right-to-know. If they are going to deny a request, they must explain why. Either way, they must respond to a request “within a reasonable amount of time.”

But Scarborough’s School Department policy has language that suggests depart-ment employees don’t have respond to some kinds of requests at all.

The department’s policy states: “The law does not require the School Department to use staff time and resources to compile data or respond to lengthy requests for information.”

Jane Wiseman, a Scarborough School Board member, said the sentence was “only (in the policy) to protect from exces-sive workloads,” not to suggest the School Department isn’t obligated to respond to complicated requests.

Scarborough administrators also insisted they have never used the policy to deny a request for information.

Additionally, there is no language in the FOAA to protect government agencies from “excessive workloads.” Instead, the act specifies how agencies should deal with lengthy or complicated requests: They must give a cost estimate to the requester ahead of time if fulfilling the request will cost more than $20, and may collect payment in advance if fulfilling the request will cost more than $100.

But the language in Scarborough’s School Department policies is so fuzzy that open government advocates can’t determine exactly what it means.

Mal Leary, president of the Maine Freedom of Information Coalition, said the language about compiling data is too ambiguous, because it could be interpreted to mean either creation of new documents (which the agency is not required to do) or simply collating multiple documents (which is required).

If a resident asks for a group of several records, and the School Department deter-mines it doesn’t have to respond because collecting those records is “compiling,” that’s wrong, Leary said.

“This could have a chilling effect,” he said. “They should reconsider that policy if people could misinterpret it.”

Sigmund Schutz, an attorney with Preti Flaherty in Portland and a director of the New England First Amendment Coalition, said there is no question about whether the FOAA requires compilation. If a person asks a school department for more than one document, even if the documents are unrelated, the department must comply.

“If that’s a clumsy way of saying they’re not going to create documents for people, that’s one matter,” he said. “But the statute requires compilation. They are required to do that.”

South Portland’s school policy is the same as Scarborough’s, but adds that the district is obligated “simply to produce records for public inspection.”

That qualifier is key in avoiding ambigu-ity, said Harry Pringle, an attorney with Drummond Woodsum in Portland, which represents the school district. He said that by stating the district will produce records, it’s clear that “compilation” means creating new documents or offering analysis, neither of which is required by state law.

“If you were to stop that sentence after ‘request for information,’ than it might be confusing,” Pringle said. “The intent is to say we’re not required to go ahead and do anyone’s research for them.”

Pringle also pointed to the state’s Free-dom of Access Act FAQ, which explains the rights of citizens to public documents and meetings. He said the FAQ is crucial because it’s difficult to craft a policy that will never be misunderstood by anyone.

“Confusion is in the eye of the beholder,” he said. “Most public officials are trying to do the right thing.”

An imperfect law?Several local governments – Cape Eliza-

beth, Freeport, Yarmouth, North Yarmouth, Bath, Topsham and Chebeague Island – re-ceive so few requests for information that the municipalities have no public access policies at all.

But in Falmouth, near-constant requests for information – many from one resident – have prompted the town to familiarize itself with the public access law and adopt a pro-tocol for fulfilling requests for information.

Nathan Poore, Falmouth’s town manager, said that over the last two years, “hundreds and hundreds” of hours of staff time have been dedicated to fulfilling requests for a sprawling nature of information – receipts, contracts, public transportation records, emails and credit card statements.

Poore said he agrees with the spirit of the law: providing open access to government. But he said Falmouth complies at a loss because the $10 per hour cap doesn’t reflect the true cost to the town.

Understanding the burden that some FOAA requests can have on small towns, the Right to Know Advisory Committee, which makes policy recommendations to the Judiciary Committee of the Maine Legisla-ture, has issued a draft report recommend-ing the hourly rate limit be raised to $15.

Judy Meyer, committee member and vice president of the Maine Freedom of Information Coalition, said high-level town officials, or a town attorney, often end up responding to complex requests.

The fee increase, therefore, “gets at some of that concern that these requests, when they’re burdensome, really impact operations in town offices,” said Meyer, who is managing editor of the Sun Journal in Lewiston.

Another proposed change to Maine’s FOAA law would require an agency or of-ficial to tell a requester how long it will take to comply with a public records request. Although the estimate is not binding, the agency or official must try to comply.

That requirement could cause further problems in Scarborough and South Port-land, where policies say the towns don’t have to respond at all to lengthy or compli-cated requests.

The Judiciary Committee will hear the Right to Know Advisory Committee’s rec-ommendations on Jan. 10.


@riocarmine. Emily Guerin can be reached at 781-3661 ext. 123 or [email protected]. Follow her on

Twitter: @guerinemily.


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New Additions

Suzanne Johnson, attorney and partner at McTeague Higbee, recently announced the permanent addition of longshore pulmonary and hearing loss claims and Social Security Disability to her areas of practice. Johnson has been with McTeague Higbee for 15 years, representing clients in elder law, probate, estate planning and asbestos exposure claims.

New Website

The Alex Tanous Foundation for Sci-entific Research recently launched their new website, alextanous.org. The group is very excited about the new features the website will offer and they invite submis-sions of articles or upcoming events.

New Location

Kathe Mickunas, proprietor of Pas-sionFlower Farm, recently announced that her floral design business will return to its original family flower farm as of January 2012. Through its transition, PassionFlower will continue with phone orders, bouquets for local delivery and special event flowers.

New Businesses

Carol Emerson recently announced the launch of Custom House Business Services LLC, a new consulting busi-ness specializing in accounting, human resources, operations and personalized

business coaching. Emerson has more than 25 years of experience working in small businesses overseeing accounting, fore-casting and budgeting, financial analysis, human resources and employee benefits administration, operations and overall business coaching. She works with clients throughout the greater Portland area as well as Lewiston/Auburn and Brunswick.

Appointments

Robert Smalley, a manager in Ber-ryDunn’s financial services group, was recently selected to attend the American Institute of Certified Public Accountant’s third annual Leadership Academy this fall. This intensive program was designed to develop the skills necessary to become the next generation of leaders in business, industry, government and the accounting profession.

Maine Angels, a company founded in 2003 to enhance regional economic development, recently announced the election and appointment of their new of-ficers and executive committee. Sandra Stone, principal at Sea Cove Solutions is the new chairwoman of Maine An-gels; Don Gooding, executive director of the Maine Center for Entrepreneurial Development is now the vice chair-man; Samuel A. Ladd III, president of People’s United Bank in southern Maine is treasurer; and Richard E. Curran Jr., founder and president of Spinnaker Trust is secretary.

The Bicycle Coalition of Maine re-cently elected its new board president and appointed new board members. Larry Rubinstein of Scarborough will be the group’s new president. In his new role, Rubinstein will lead the coalition as it works to organize a major week-long bike ride across Maine; he has been a member of the board since 2005. Three new board members were also appointed:

Joel Savilonis of Auburn, Pamela Fisch-er of New Gloucester, and Peter Hall of Falmouth.

Sarah E. Helming, SailMaine director of programs and events, was recently ap-pointed to serve as a board member for the Interscholastic Sailing Association. The ISSA oversees secondary school sail-ing throughout the United States.

Portland Ovations recently named Kendall Harnett and Eileen Phelan to their Board of Directors. Harnett, a Yarmouth resident, works with a Chi-cago director to produce documentaries and corporate films for organizations such as the American Hospital Asso-ciation, Chicago Housing Authority and Goodwill, and teaches film and design classes at Southern Maine Commu-nity College. Phelan, a Cape Elizabeth resident, is the vice president of Legacy Properties Sotheby’s International Re-alty in Portland and started her career in the film and television industry in New York City. Switching gears and entering publishing, Phelan worked for The Village Voice as the marketing and promotions manager.

Bath Savings Institution President Glenn Hutchinson recently announced the election of the bank’s newest trustee, Kevin T. Burns. A resident of Falmouth, Burns is the vice president and treasurer of Quality Containers of New England, located in Yarmouth. Burns was elected to the bank’s Board of Corporators in 1999.

Bernstein Shur announced that attorney and shareholder Arnold Macdonald has been appointed to serve on the American Bar Association Interest on Lawyers’ Trust Accounts (IOLTA) Commission,

which supports legal aid for those in need. A longtime champion of IOLTA, Macdonald’s new role as commission ap-pointee will involve assisting the Maine branch of IOLTA in channeling funds from participating attorneys to provide civil legal aid for the poor, law-related education and administration of justice programs.

Hurley Travel Experts recently an-nounced the appointment of Beth Sky-peck to the 2011-2012 Travel Advisory Board for Bonnier/Virtuoso. Skypeck, a Cape Elizabeth resident, has been a travel advisor for nearly 20 years and special-izes in Caribbean destination weddings and honeymoons.

Graduations

Three Portland police officers recently graduated from the Maine Criminal Jus-tice Academy, officially joining the ranks of the Portland Police Department. The officers, Kali Hagerty, Kristan Steele and Edward Ireton, were selected from a pool of more than one hundred candidates who had taken the Portland Police exam.

Thank you

In November 2011, Prouts Neck As-sociation Community Grant Program awarded Scarborough Athletic Coun-cil a $200 grant. Scarborough Athletic Council would like to formally thank and recognize the Prouts Neck Community Grant Program for this gift. The grant will be used towards funding college scholarships for Scarborough graduating senior athletes and team managers.

12 January 6, 2012

Editor’s noteIf you have a story idea, a score/cancellation to report, feedback, or any other sports-related information, feel free to e-mail us at [email protected]

Holiday break over, winter season gets serious(Ed. Note: For the complete

South Portland-Deering girls’ basketball game story, please see theforecaster.net)By Michael Hoffer

The preliminaries are over and the winter sports season is about to ramp up dramatically.

Last week featured a mix of holiday tournament and regular season action. Now, it’s back to work for everyone on the hard-wood, ice, mats and in the pool, and the indoor track and skiing seasons are about to heat up as well.

Here’s a glimpse:Boys’ basketball

The South Portland boys’ bas-ketball team continues to im-press. After dominating their lone holiday tournament game (75-45 over Lake Region, thanks to 14 points from junior Jack Tolan and 12 from senior Logan Gaddar), the Red Riots won at Massabesic Friday, 80-55, as junior Tanner Hyland had a program record with nine 3-pointers, finishing with a game-high 31 points. Tuesday evening, South Portland improved to 6-1 (and third in the Western Class A Heal Points standings as of Wednesday) after a 60-39 home win over Scarborough. Senior Jordan Muller led the way with 17 points. Hyland added 15. The Red Riots are back in action Fri-day with a huge home test against unbeaten Deering and top-ranked. Tuesday, South Portland goes to Sanford.

Scarborough was riding high after capturing the holiday tour-nament championship. The Red Storm defeated Cape Elizabeth (46-37), Falmouth (54-51) and Greely (51-46) to take the title. Scarborough then downed visit-ing Biddeford Saturday, 52-24, as junior Kevin Manning had a team-high 16 points. In the loss

TIm Greenway / For The ForecasTerSouth Portland senior Jill Legere battles Deering’s Marissa MacMillan for

possession during last week’s 46-32 loss.

Jason VeIlleux / For The ForecasTerSouth Portland senior Jordan Muller goes up over Scarborough senior Kolbey Adams for a shot during Tuesday night’s contest. The Red Riots improved to

6-1 with a 60-39 victory.

to South Portland, senior David Conceison led the team with 10 points. Manning and senior Ben Wessel each had nine. The Red Storm (3-4 and 10th in Western A) hosts Thornton Academy Friday and welcomes reigning Western A champion Cheverus Tuesday.

Cape Elizabeth lost its two holiday tournament games, 46-37 to Scarborough (despite senior Chris Robicheaw’s 12 points), and 60-29 to Susan Wagner of New York. The Capers took a 4-2 record and the No. 9 ranking in Western B into Wednesday’s game at Waynflete. Cape Elizabeth hosts Poland Friday and goes to Wells Tuesday.

Girls’ basketballOn the girls’ side, Scarborough

improved to 7-0 Tuesday with a 58-37 home victory over South Portland. Junior Mary Redmond led the way with 20 points. The Red Storm (second to Marshwood in the Western A Heals, as of Wednesday) go to Thornton Acad-emy Friday and Cheverus Tuesday.

South Portland split two games last week. The Red Riots fell at Deering, 46-32, last Wednesday, despite eight points each from junior Emily Gray and freshman Holly Black and a 19-2 run in the fourth quarter.

“The younger kids did a really nice job to finish the game,” South Portland coach Mike Giordano said. “I was really pleased.”

Saturday, the Red Riots downed visiting Massabesic, 49-39, be-hind 16 points from junior Dan-ica Gleason. In Tuesday’s loss at Scarborough, sophomore Brianne Maloney led South Portland with 10 points. The Red Riots (4-4 and ninth in Western A) are idle until Tuesday when they host Sanford.

In Western B, Cape Elizabeth split two holiday games last week, beating Portland (44-37) and los-ing to Thornton Academy (42-35). The Capers (2-4 and 13th in West-ern B) returned to action Wednes-day when they hosted Waynflete. Cape Elizabeth is at Poland Friday and hosts Wells Tuesday.

In Western D, Greater Portland Christian School fell to 2-2 and

sixth in the Heals after a 55-18 loss at Traip Tuesday. Friday, the Lions host Acadia Christian. Tues-day brings a visit from Seacoast Christian.

HockeyCape Elizabeth and Scarbor-

ough’s boys’ hockey teams took part in the Maine High School Hockey Invitational last week.

The Capers lost to Belmont, Mass. (4-1) and Brookfield, Conn. (6-1). Cape Elizabeth is 2-0-2 in countable games and is first in the latest Western Class B Heal Points standings. The Capers hosted Cheverus Thursday, go to Winslow Saturday and visit Ken-nebunk Monday.

The Red Storm was a 2-0 loser to Tewksbury, Mass., in the only score reported from the holiday tournament. Scarborough (4-0-1 and third in Western A) was at South Portland Thursday. The Red Storm hosts Gorham Saturday and Falmouth Monday and goes to Thornton Academy Wednesday.

South Portland entered Thurs-day’s game with Scarborough with a 2-3 record (sixth in the

Western A Heals). The Red Riots host Noble Saturday and visit Edward Little Wednesday.

On the girls’ side, Scarborough split two games last week, falling, 2-1, to visiting Falmouth, then downing host Cheverus, 5-0, to im-prove to 7-3-1 (second in the West Region Heals). The Red Storm hosts Cheverus Saturday and Gorham/Bonny Eagle Tuesday.

Cape Elizabeth tied visiting Biddeford, 1-1, Monday and is now 2-6-1 on the season (seventh in the West Region). The Capers went to top-ranked Falmouth Thursday and visit York Wednes-day of next week.

SwimmingThe swim season resumed

Thursday when Scarborough went to Greely. South Portland goes to Gorham and Cape Elizabeth hosts McAuley Friday.

WrestlingScarborough returned to the mat

Wednesday, when it hosted Bidd-eford and Wells. Next Wednesday, the Red Storm is at Deering.

sports editor michael hoffer can be reached at [email protected]. Follow him on

Twitter: @foresports.

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Dillfrom page 1

Maine Mallfrom page 1

Since its lease expired last year, the BMV has been operating as an at-will tenant. The state pays General Growth Properties, the mall owner, $61,000 per year for the space.

Megan Sanborn, special assistant to the secretary of state, said the depart-ment would prefer to keep the BMV in South Portland, but is open to mov-ing the office to a neighboring com-munity. There is another BMV branch in Portland on Presumpscot Street.

“When a 10-year lease expires, we just like to take a look around,” she said.

The mall BMV branch serves about 35,000 people a year, making it the second-busiest office in the state after Bangor, Sanborn said. On Wednesday, with six desks open by 8:30 a.m., there was already a 10- to 15-minute wait for service.

The 3,600-square-foot mall office is also the state’s second-smallest; only Mexico’s branch is smaller.

“That’s one of the reasons we’re looking around,” Sanborn said. “That location, for the price we pay, is relatively small.”

It’s not a surprise the BMV is accepting offers from other property owners, said Craig Gorris, general manager of the Maine Mall. He said he’s known for a while that the state would like more space, and said that whenever a tenant is in an at-will lease, their eyes are bound to wander.

Still, Gorris said he’d like to see the BMV stay in the mall. The location is un-usual – tucked into a corner of the building near Macy’s, with no access from inside the mall. That suits the BMV just fine, Gorris said, but would make the space hard to rent to a retail business.

Sanborn said the state is open to the idea of staying in the mall, if the price is right. There’s no timetable for action, she said, and the state has only received word from a few interested property owners.

“We’re trying to look for all options and see what’s the most economically fitting for us,” she said. “Staying (at the mall) is one of those options.”


@riocarmine.

candidacy, Dill launched an opening salvo against Snowe by drawing attention to the senator’s wealth and saying senate Republi-cans are “out of touch” with American fam-ilies. Snowe is one of the wealthiest mem-bers of Congress, with a reported net wealth of $9.88 million, according to Roll Call.

Dill posted her announcement on her blog and sent an email to supporters. In it, she said she is considering a senate cam-paign “against all odds.” She clarified that in an interview Wednesday.

“Sen. Snowe has a broad range of sup-port,” Dill said during a break from the new legislative session in Augusta. “She won the last election with 70 percent of the vote. But it’s also a money question. She’s got a huge war chest, and in this day and age, it’s hard to run against that.”

Dill was first elected to the Maine House of Representatives in 2006, and won a special election in Senate District 7 (Cape Elizabeth, South Portland, and the eastern part of Scarborough) in April. She defeated Louis Maietta, a former Republican repre-sentative from South Portland, with nearly 70 percent of the vote.

Dill has been an outspoken critic of the GOP and Gov. Paul LePage. Last year, she founded “Friends of the Maine Woods” to support a proposed national park on land in Aroostook County owned by Burt’s Bees founder Roxanne Quimby. The Legislature voted against studying the park in its last session.

She said in her announcement that Snowe and the Republicans have drifted too far to the right, and that Maine needs a senator “in Washington fighting for the middle class and taking a stand for good people struggling to find and keep jobs, put food on their table and protect their families.”

The potential Senate contender said she is soliciting input from Mainers while meeting with “insiders” in assessing whether she’ll run. A Facebook group, Cynthia Dill for U.S. Senate, had 304 followers by Wednes-day afternoon.

Dill said she’d make a decision within a few weeks, and that one of the biggest fac-tors is financial support.

“There has been a real outpouring of sup-port on the grass-roots level, but to make it feasible there has to be a commitment from people to put their money where their mouth is,” she said Wednesday.

Dill said it saddens her that money is such a factor, but that it’s a fact of modern politics that taking on an incumbent like Snowe would be an expensive endeavor.

But before defeating Snowe, Dill would have to compete against Hinck and Dunlap for the Democratic nomination.

Dill, meanwhile, refrained from discuss-ing her possible Democratic rivals.

“I haven’t formally decided, so I won’t try to sell myself because I think highly of both of them,” she said. “But should I de-cide to run, it’s because not only do I think I can win the primary, but I think I have a decent shot at the general election.”

Dill may be optimistic about her chances, but at least one expert isn’t sold.

Mark Brewer, a University of Maine

political science professor who studies U.S. party politics, said he doesn’t think anyone stands a chance against Snowe.

“Without saying anything about Cynthia Dill in particular, I don’t know whether any Democrat could take on Snowe in a general election,” Brewer said.

He said Snowe would be a formidable opponent, noting she has handily won ev-ery election she’s run in since first seeking election to the U.S. House in 1978. Her only close calls were the 2nd Congressional District campaigns against Democrat Pat McGowan in 1990 and1992, which she won by 2 percentage points and 7 percentage points, respectively.

“Snowe’s security in her job is roughly the same as it’s always been,” Brewer said. “There was a lot of talk a few years ago that she’d face a rough primary challenge from the right. I suppose that’s where she might be vulnerable, but she’s never been vulnerable in the general.”

Community CalendarAll ongoing calendar listings can now be found online at theforecaster.net.Send your calendar listing by e-mail to [email protected], by fax to 781-2060 or by mail to 5 Fundy Road, Falmouth, ME 04105.

Arts CalendarAll ongoing calendar listings can now be found online at theforecaster.net.Send your calendar listing by e-mail to [email protected], by fax to 781-2060 or by mail to 5 Fundy Road, Falmouth, ME 04105.

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South PortlandMon. 1/9 6:30 p.m. City Council Workshop CHMon. 1/9 7 p.m. School Board Small SchoolTue. 1/10 7 p.m. Planning Board CHThu. 1/12 6:30 p.m. Conservation Commission CH

Cape ElizabethMon. 1/9 7 p.m. Town Council THTue. 1/10 6 p.m. School Board Executive Session THTue. 1/10 7 p.m. School Board Business Meeting THTue. 1/10 7 p.m. Conservation Commission THWed. 1/11 8 a.m. Town Council Ordinance Committee THWed. 1/11 10 a.m. Riverside Memorial Cemetery Brd of Trustees THWed. 1/11 7 p.m. Town Council Financial Comm. and Workshop THThu. 1/12 3 p.m. School Brd Negotiation Comm. Exec. Session TH

ScarboroughMon. 1/9 7:30 a.m. Finance Committee MBMon. 1/9 7 p.m. Planning Board MBTue. 1/10 4:30 p.m. Special Ordinance Committee MBTue. 1/10 7:30 p.m. Shellfish Committee MBWed. 1/11 7 p.m. Zoning Board Committee MB

Bulletin BoardSaturday 1/7Genealogical Brick Walls, 12:30 p.m., 29 Ocean House Road, Cape Elizabeth, 839-2593.

Tuesday 1/10Historic Maine Storms, 1:30 p.m., Ocean View Community Room, 20 Blueberry Ln., Falmouth.

Wednesday 1/11Public input meeting addressing protection of water views, 7 p.m, Falmouth Town Hall, 781-5253 ext. 5335.

Thursday 1/12Basic computer training, 1-3 p.m., Portland Public Library, 5 Monu-ment Square, Portland, 871-1700, registration required.

Business After Five, 5-7 p.m., Zone 3 Fitness, 71 U.S. Rt. 1, Scarborough, free for members, $15 non-members, portlandre-gion.com or 772-2811, register by Jan. 11.

Friday 1/13WAMM Adult Rock Camp, runs through Jan. 19, $200, 18+, Break-water School, 8596 Brighton Ave., Portland, maineacademyofmod-ernmusic.org or 899-3433.

Saturday 1/14eReader Workshop, 10 a.m., Peaks Island Branch Library, 766-5540.

Psychic & Crystal Fair, 11 a.m.-4 p.m, Leapin’ Lizards, 123 Main St., Freeport, 865-0900 or leapinliz-ards.biz.

Dining OutSaturday 1/7Baked Bean Supper, 5-6:30 p.m., 20 Mill St., Yarmouth, adults $8/ kids $5/ kids under 5 free, 846-4724.

Baked Bean Supper, 6:30 p.m., Tri-angle Club of Casco Lodge #36, 20 Mill St., Yarmouth, adults $8/chil-dren 5-12 $5, 846-4724 or 846-9506.

Bean Supper, 4:30-6:30 p.m., Stewart P. Morrill Post 35, 413 Broadway, South Portland, 799-3997 or 767-0874.

Public Supper, 4:30-6 p.m., Cape Elizabeth United Methodist Church, 280 Ocean House Road, Cape Elizabeth, $7.50 adults/$4 children/$20 family.

Sunday 1/8Breakfast, VFW Post #832, 8:30 a.m.-10 a.m., 50 Peary Terrace, South Portland, 767-2575.

Friday 1/13Chowder Lunch, 11:30 a.m.-1 p.m., South Freeport Community Church, 98 South Freeport Road, $8.

Saturday 1/14Chowder meal, 4:30-6 p.m, First United Methodist Church, 179 Ridgeland Ave., South Portland, 767-2688, $8.

Garden/OutdoorsMonday 1/9Full Moon Nature Walk, 7-8:30

p.m., Gilsland Farm, Falmouth, $10/$15.

Winter Arrangements Workshop with St. Mary’s Garden Club, 11 a.m., Tidewater Farm, Clearwater Dr., Falmouth, $10, 781-4889.

Getting SmarterSaturday 1/7Integrative Art & Music Classes, Cricket Hunt School, through Feb. 11, $185, 865-9696 or [email protected].

Tuesday 1/10Brazil: Emerging Economic & Po-litical Power, 7-9 a.m., Portland Country Club, 11 Foresdie Road, Falmouth, $25 members/$35 non-members, registration required, wacmaine.org.

Saturday 1/14Getting Financially Fit in 2012, 10 a.m.-12 p.m., Institute for Fi-nancial Literacy, 260 Washington Ave., South Portland, 221-3663, registration required.

AuditionsSaturday 1/7”Wiley the Hairy Man” audtitions, looking for children ages 8-17, 3:30-5 p.m., Children’s Museum and Theater, 142 Free St., Portland, kitetails.org or 828-1234 ext. 247.

Monday 1/9Musica de Filia Girls’ and Women’s Chorus, 4-6 p.m., musicadefilia.com or 807-2158.

Books & AuthorsTuesday 1/10Charlotte Beacon author discus-sion and book signing, 12 p.m., Falmouth Memorial Library, 5 Lunt Road, Falmouth, falmouth.lib.me.us or 781-2351.

Wednesday 1/11McKay Jenkins book discussion, 12 p.m., Portland Public Library, 5 Monument Square, Portland, 871-1700.

ComedySaturday 1/14B-RAD Comedy Blowout, 8 p.m., Lucid Stage, 29 Baxter Blvd., Port-land, $12, 899-3993.

MusicFriday 1/6Jerks of Grass, 7:30 p.m., St. Lawrence Arts, 76 Congress St., Portland, $12 advance/$15 door, stlawrencearts.com

Sunday 1/15The Rossini Club Concert, 3 p.m., Cathedral of St. Luke, 143 State St., Portland, $10 suggested donation, 797-8318.

Theater & DanceFriday 1/6AXED! An evening of one-acts about Lizzie Borden, runs through Jan 8, shows at 8 p.m., 2 p.m. show on Jan. 8, Lucid Stage, 29 Baxter Blvd. $12/$10 students and se-niors, lucidstage.com or 899-3993.

Swing Dance, 7 p.m., North Deering Grange, 1408 Washington Ave., $10, [email protected] or 653-5012.

Sunday 1/8”The Wandering Beggar,” 6 p.m., Congregation Bet Ha’am, 81

Westbrook St., South Portland, $10, 879-0028.

Wednesday 1/11”Good Luck,” 1 p.m., second show Jan. 12 at 7 p.m., $10 adults/$8 students, Lucid Stage, 29 Baxter Blvd., Portland, 899-3993.

Friday 1/13”Defenders of the Funny,” 8 p.m., Lucid Stage, 29 Baxter Blvd., Port-land, $10, 899-3993.

Saturday 1/14”Tap, Tap, Jazz,” 4 and 7 p.m., Maine State Ballet Theater, 348 U.S. Rt. 1, Falmouth, $15, 781-3587 or mainestateballet.org.

Saturday 1/21”Tap, Tap, Jazz,” 4 and 7 p.m., Maine State Ballet Theater, 348 U.S. Rt. 1, Falmouth, $15, 781-3587 or mainestateballet.org.

A night of reflection with The Choral Arts Society

Contributed

The Choral Arts Society will present its annual Epiphany Celebration on Jan. 7, 7:30 p.m.,

at Williston-Immanuel Baptist Church, 156 High St., Portland.

Tickets are $20 at the door, $15 in advance. For more information visit choralart.org or

call 828-0043.


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Androscoggin Bancorp, MHCANNUAL MEETING

The annual meeting of

Androscoggin Bancorp, MHC,will be held at the

Ramada Inn, 490 Pleasant Street,Lewiston, Maine,

on Tuesday, January 24, 2012from 5:30pm to 7:30pm EST

for the transaction of the following business:

To elect Corporators; to elect Directors forthe ensuing year; and to transact any otherbusiness that may legally come before the

said meeting.

ANIMALS

POETICGOLD FARM in Fal-mouth offers a sound educa-tion to every dog at reasonablerates! Three of Maine's bestdog trainers offer classes inSTAR Puppy & PerformancePuppy, Family Dog manners,Canine Good Citizen, competi-tive dog sports like Agility andRally O, fun bonding activitieslike Noseworks for SeniorDogs and much more. We offerControl Unleashed class forreactive dogs, Conformationclasses for show dogs, specialshort sessions in AttentionHeeling/Loose Leash Walking,Recall, and much more. Weoffer a 'Tweens class and aTeens class occasionally, aswell as puppy Flash Mob playgroup for our graduates. Poet-icGold Farm sits on 11 Acres at7 Trillium Lane in West Fal-mouth. [email protected];www.PoeticgoldFarm.com;www.Caninekinshipmaine.com; (207) 899-1185.

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DOG TRAINING for the bestresults in the shortest timehave your dog train one-on-onewith a professional certifieddog trainer. First your dogtrained; then you. Training timeaverages 7-9 days and threeone hour follow up lessons areincluded.Your dog will play andtrain in parks as well as down-town Freeport. Both hand andvoice commands will be taught,find out just how good your dogcan be. Goals and cost will bedetermined after an individual-ized obligation free evaluation.Call Canine Training of South-ern Maine and speak withDavid Manson, certified dogtrainer, for more details. 829-4395.

In Home Pet Service & Dog Walking• Flexible Hours• Fair Rates“They’re Happier at Home!”

• Boarding• Pet Taxi

CANINE KINSHIP located atPoeticGold Farm in west Fal-mouth offers training classesfrom family dog obedience,agility, rally-o, noseworks tobehavior consults and more.We are a team of professionaldog trainers who specialize increating a better relationshipbetween people and dogs.

www.caninekinshipmaine.comwww.poeticgoldfarm.com207-232-9005

ANIMALS

“Dogs of allcolors welcome!”

RT 136N Freeport1 mile off Exit 22 I-295

865-1255www.browndoginn.com

The Brown Dog InnBoarding, Daycare & Spa

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PURRRS PETSITTING forcats and dogs in Freeport &Yarmouth area. Experienced,refs available. 838-9317 [email protected]

DOODLE PUPS $450.00 831-5571 wormed+shotsD O B : 1 1 / 2 6 / 1 [email protected]

ANNOUNCEMENTS

BIRTH ANNOUNCEMENT?GETTING ENGAGED ORMARRIED? HAVING ACLASS REUNION? Placeyour ad for your Announce-ment here to be seen in69,500 papers a week. Call781-3661 for more informa-tion on rates.

ANTIQUES

CASH for Old ThingsABSOLUTE BEST PRICESPAID. Glass-China-Jewelry-Sil-verware-Old-Books-Postcards-Buttons-Linens-Quilts-Trunks-Tools-Toys-Dol ls-FountainPens-Military-Games-Puzzles-Furniture-Bottles etc.Cumberland Antiques Cele-brating 28 years of trusted cus-tomer service.Call 838-0790. 7 days.

I BUY ANYTHING OLD!Books, records, furniture, jewelry,coins, hunting, fishing, military,

art work, dishes, toys, tools.I will come to you with cash.

Call John 450-2339BOOKS WANTED

FAIR PRICES PAIDAlso Buying Antiques, Art OfAll Kinds, and Collectables.G.L.Smith Books - Collectables97 Ocean St., South Portland.799-7060.

TWO 3X6 ft bookcasew/drawers and 1 matchingend piece. THIS END UPfurniture. $300 call 446-5306. Great for living room.

AUCTIONS

AUCTIONS- Plan on havingan auction? Let FORECAST-ER readers know about yourAuction in over 69,500papers! Call 781-3661 foradvertising rates.

ASK THE EXPERTS

ASK THE EXPERTS: Adver-tise your business here forForecaster readers knowwhat you have to offer in69,500 papers. Call 781-3661for advertising rates.

AUTOS

TOPDOLLARCA$H

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Body Man on Wheels, autobody repairs. Rust work forinspections. Custom paintingand collision work. 38 yearsexperience. Damaged vehicleswanted. 878-3705.

1999 CHEVY MALIBU - 4cylinder turbo, 2.4L, fuel inject-ed, 4 door, automatic. Lots ofnew parts! Great on gas!$4500 OBO. Mike 332-7898

BODY AND SOUL

START THE NEW YEAR OFFRIGHT! Openings in ongoingmen’s support groups for menwho wish to address struggleswith intimacy, relationships &patterns that get in the way.Stephen Andrew 773-9724(#3) SLIDING FEE

BUSINESS RENTALS

PORTLAND - Sweet officespace for rent, in-town,spacious, $500/month. Be partof a welcoming communityof counselors and therapists.Call Stephen at 773-9724, #3

ROUTE ONE YARMOUTH.Great space for Office orRetail use. Easy access,lots of parking, great visi-bility.1000 to 3000 SF. Joinother happy tenants. 846-6380.

BUSINESS SERVICES

ON-TIME GENERALCONTRACTING.

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CLEANING

FOR HOME/OFFICE, NEWConstruction, Real EstateClosings etc. the clean youneed is “Dream Clean” theclean you`ve always dreamedof with 15 years of expert serv-ice. Fully Insured. For rates &references call Leslie 807-2331.

Home CleaningReliable service atreasonable rates.Let me do yourdirty work!Call Kathy at892-2255

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653-7036LOOKING FOR SOMEONE toclean your house the way youwould want it cleaned? Look nofurther! Call me today, for a freeestimate. I have great refer-ences. Rhea 939-4278.

MAGGIE’S CLEANING SER-VICES covering all areas.Reasonable rates, great refer-ences. Mature, experiencedwoman. 443-5322.

COMPUTERS

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CRAFT SHOWS/FAIRS

CRAFT SHOWS & FAIRS-HAVING A CRAFT FAIR ORSHOW? Place your specialevent here to be seen in69,500 papers a week. Call781-3661 for more informa-tion on rates.

FOODS

Do you have a Function orSpeciality in Food? Let read-ers know about all you haveto offer in our Food categoryto be seen in over 69,500papers. Call 781-3661 forrates.

FOR SALE

BALDWIN HAMILTON studiopiano & bench. Very goodcondition, some cosmeticblemishes, needs tuning,$1500. Call 799-3734.

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ATV SNOW PLOW - Polarisbrand, used once. Comes withmanual. $150 or best offer.756-0207

FURNITURERESTORATION

DON’T BUY NEWRE-NEW: FURNITURE REPAIR,STRIPPING & REFINISHING by handFormer high school shop teacher• Pick up & delivery available• 30 years experience• References

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FURNITURE RESTORATION-Place your ad here to beseen in 69,500 papers aweek. Call 781-3661 for moreinformation on rates.

FURNITURE

1 AWESOME DEAL - QueenMattress Set - $150 - BrandName - Brand New - 591-4927

HEALTH

Alcoholics Anonymous Fal-mouth Group Meeting TuesdayNight, St. Mary`s EpiscopalChurch, Route 88, Falmouth,Maine. 7:00-8:00 PM.

HELP WANTED

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Everyone Needs SomeoneWe need your help to make a difference in the lives of older adultsin Cumberland County. We are looking for proactive, flexible people,who are looking for a challenging and satisfying part-time job.If you love the idea of being a “difference maker” call today toinquire about joining our team of non-medical in home CAREGivers.Part-time day, evening, overnight and weekend hours.Currently we have a high need for awake overnights and weekends.

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LANDSCAPING

152 US Route 1, Scarborough • www.comfortkeepers.com

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RESPECTED & APPRECIATEDIf these are important to you and you are akind-hearted person looking for meaningfulpart or full time work, we’d love to speak withyou. Comfort Keepers is looking for specialpeople to join us in providing excellent non-medical, in-home care to area seniors. We of-fer a vision & dental plan, along with ongoingtraining and continuous support.

HELP WANTED

OFFICE ASSISTANT/WEBMANAGER/PART-TIME.Position available immediately.Candidate needs to be thor-oughly familiar with computers,Word and Excel and assessweb results. Hours and daysflexible, estimate 2 to 10 hrsper week at $14 per hour.Office located in Yarmouth.Candidate should live inYarmouth. Work remotely fromhome is optional. We operate agroup of quality, self-serviceguesthouses located in BryantPond. Responsibilities include:Internet web management,data-entry, confirmation lettersand general support to theowner. Email: [email protected]

HOME REPAIR

HOME REPAIR

846-5802PaulVKeating.com

• Painting• Weatherization• Cabinets

CARPENTRY

30+ YEARS EXPERIENCE,ALL TRADES!Looking for work, House paint-ing, Carpentry, Decks, Drywall,Kitchens, Tile, Interior Painting.Most anything. Great refer-ences. Quality workmanshiponly. 207-415-7321.www.jackalltrade.com

New Construction/AdditionsRemodels/Service Upgrades

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Asphalt & Metal RoofingFoundation Repair & Waterproofing

Painting & Gutters20 yrs. experience – local references

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EXPERT DRYWALL SER-VICE- Hanging, Taping, Plaster& Repairs. Archways, Cathe-drals, Textured Ceilings, Paint.Fully Insured. ReasonableRates. Marc. 590-7303.

WE REMODELKitchens, Bathrooms,

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INSTRUCTION

GUITAR LESSONS - Haveguitar... will travel... GreaterPortland and Lakes Region.$15 per lesson or 4 lessons for$50. Call Mike 329-7472

MASONRY

MASONRY/STONE-Placeyour ad for your serviceshere to be seen in over68,500 papers per week. Call781-3661 for more informa-tion on rates.

MISCELLANEOUS

MISCELLANEOUS-Place yourad here to be seen in 69,500papers a week. Call 781-3661for more information on rates.

MOVING

MAKE THE SMART CHOICE-Google DOT 960982 and/orMC 457078 for our companysnapshot from the federalMotor Carrier Safety Adminis-tration. This website will showwhether or not the companyyou choose has the requiredinsurance on file. Also checkwith the BBB. We have linksto all these websites atWilsonmovingcompany.com Toschedule your next move, call775-2581.

SC MOVING SERVICES - yourbest choices for local moves.Offering competitive pricingwith great value for your Resi-dential and CommercialMoves! For more informationcall us at 207-749-MOVE(6683) or visit :www.scmoving.comVISA/MasterCard accepted!

A&A MOVING SERVICES.Residential & Commercial. 25years experience. 7 days aweek. FULL SERVICE. PIANOMOVING. Packing. We also buyused Furniture and Antiques.SENIOR DISCOUNTS. Freeestimates. 828-8699.

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PAINTING

Clarke Paintingwww.clarkepaint.com

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interiorsRepaiRs, pRime & paint“It’s all about the preparation.”

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Violette Interiors: Painting,tiling, wallpaper removal, wallrepairs, murals and small exte-rior jobs. Highest quality ataffordable rates. 25 yearsexperience. Free estimates.Call Deni Violette at 831-4135.www.denivioletteinteriors.com

PHOTOGRAPHY

PHOTOGRAPHY- Place yourbusiness ad here to be seenby over 69,500 Forecasterreaders! Call 781-3661 formore information on rates.

REAL ESTATE

Home For Sale by Owner,Durham. 3 Bedroom ranch, fin-ished daylight basement, work-shop, attached 2 car garage on6 acres. Built 2005. $224,000.Call John @ 522-1407

RENTALS

Olde EnglishVillage

South Portland

1 & 2 BEDROOM

H/W INCLUDED

SECURE BUILDING

SWIMMING POOL

COIN LAUNDRY

[email protected] mile to Mall, 295 and Bus Routes503 Westbrook Street, South Portland

207-774-3337

RENTALS

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Disclosurefrom page 4

that might lead a legislator to be unduly influenced.”

Each of the legislators or state officials said they did nothing wrong and that their Statehouse colleagues knew of their over-lapping private and public roles, thereby, they claim, creating a “check” on any pos-sible conflicts of interest.

“I think it was well known. Because I’d been here for a long time, I think everybody knew,” Brannigan said.

“My work as Executive Director of Sup-port Solutions,” Lerman said in an email, “was well known among my colleagues at the Legislature and others who frequented the Statehouse.”

But Arn Pierson, vice president for pro-grams at Common Cause in Washington, D.C., said that the informal system of leg-islators or executive branch officials being aware of each other’s potential conflicts

isn’t good policy.Citizens, said Pierson, deserve to know

this information even more.“You can’t have a public discussion of

whether there’s a significant conflict and whether there should be recusal if you don’t have the information to begin with,” he said.

Only part of one of the cases has been in the public’s knowledge.

In 2000, the Center for Public Integrity, a Washington, D.C.-based watchdog group, revealed state contracts that had gone to Bruno’s Goold Health Systems and that he had crafted legislation that benefited his pharmacy group.

While serving in the Legislature for two terms, CPI’s Ken Vogel reported, Bruno “has used his political power in the Pine Tree State to benefit himself and both com-panies, one of which receives more than $10 million in taxpayer-funded contracts from the state.”

Bruno denied any conflict of interest. The

Portland Press Herald and Bangor Daily News picked up the story and editorialized in favor of stronger legislative disclosure laws.

Those laws were never strengthened, and the tally has since mounted millions in taxpayer dollars that have gone to organi-zations affiliated with Statehouse leaders.

There are other legislators who worked for organizations that have received mil-lions in state money, including Spurwink, Rumford Group Home, Little Angels Day-care, Community Counseling Center and Discovery House. Those legislators were not in influential positions, but the amounts paid to their employers by the state in fiscal year 2006 alone – not included in the $235 million – totalled more than $60 million.

The loophole that allows these potential conflicts to go unreported works this way: state law requires that legislators or high-level state employees report only state purchases of goods or services directly from the individual legislator or a relative, not

from a corporation or entity for which the legislator or relative works.

Each year, they fill out a form called “Sources of Income.” Question No. 8 asks: “List each executive branch agency to which you or a member of your immediate family sold goods or services with a value in excess of $1,000 during the time period. Indicate whether you or a family member sold the goods or services. If none, check the box.”

Commissioner Harvey, whose husband was the executive director of a Mid-Coast social services agency that got $5.6 million in state funding during fiscal year 2009, checked “none.” She was legally able to do that because the millions in state money did not go to her or her husband as individuals.

Likewise, Brannigan, Lerman and Bruno each checked “none” in response to the same question on the legislative disclosure forms, where the language is virtually the same as on the executive branch forms.


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According to Phyllis Gardiner, an as-sistant attorney general, “The reporting obligation in section 1016-A(7) thus does not appear to encompass goods and services provided to an executive branch agency by a corporation that employs, or is owned by, the legislator.”

So, if hypothetical Legislator Mary Smith is an accountant and performs account-ing services for the state for which she is paid more than $1000, she would have to disclose this under the requirement. But if Smith is the president of Accounting As-sociates, and performed the same work, she would not be required to disclose. Staff at the state Commission on Governmental Ethics, which receives and reviews legisla-tive and executive disclosure statements, confirmed that this interpretation is correct.

“If that’s the limits of it, we’re missing a broad range of significant potential con-flicts of interest,” said Pierson, of Common Cause. “That interpretation is so narrow as to not make the law useful.”

Jonathan Wayne, executive director of the Commission on Governmental Ethics, said he, too, believes the law may be too limited in scope.

“I think it would certainly be better dis-closure to the public if it were broadened to include organizations, whether non-profit or profit-making, that had a certain relationship to the official,” Wayne said. “I think it’s just good for the public to know

Disclosurefrom page 18

if public officials or members of their im-mediate family have significant contracts with the state.”

But Brannigan questioned whether the public would be interested in his business dealings.

“Would they know any more if you wrote it down on a piece of paper that nobody looks at,” he said.

The narrow financial disclosure law is at odds with policy in the state controller’s office, which prepares the annual audit of state finances. Each audit contains a section called “Related Party Transactions,” which details financial transactions between the state and organizations run by high-level legislators, executive branch officials or their close family members.

Neria Douglass, a former Democratic legislator and now the state auditor, said related party transactions are listed because they provide “transparency” about financial dealings between high-level government officials and the state.

“It is a special type of potential conflict of interest or power to exert financial in-fluence at a higher level than that of the ordinary individual,” Douglass said.

In Brannigan’s case, she said, “(he) could control an agency that received substantial funding from DHHS, and as a representa-tive, then senator chairing the Joint Stand-ing Committee on Health and Human Ser-vices, and later the Joint Standing Commit-tee on Appropriations and Financial Affairs, he had some control of policies that affected this financial relationship. The notes to the

financial statement provide disclosure of a relationship that rises to a level that has potential to affect the financial transactions between the parties.”

But citizens would have a hard time fig-uring out who was involved in such trans-actions if they read the audit without a list of legislators and their committee assign-ments. That’s because the audit contains no names and in some cases contains mistaken references to legislators, as in this example:

“The State of Maine pays a local company as a provider for mental health and indepen-dent living services through the MaineCare program. The Executive Director of the Company also serves as House Chair of the Joint Standing Committee on Health and Human Services in the Maine Legislature. During fiscal 2010, the State paid $15.1 million for these services; $5.1 million from the General Fund and $10.0 million from the Federal Fund. At June 30, 2010, the State owed $189 thousand to this vendor.”

The section above, Douglass said in an email, should refer to Brannigan, the Senate chairman of the Committee on Health and Human Services. But it cites the “House Chair” of the Committee on Health and Human Services, who was Rep. Anne Perry, D-Calais.

“There was a typo/mistake in the finan-cial statement notes for FY 2007, 2008, 2009 and 2010, which stated that the House Chair of the Joint Standing Committee on Health and Human Services had related-party transactions with the State of Maine,” Douglass wrote. “The note should have

identified the legislator as the Senate Chair, not the House Chair.”

Likewise, the Related Party Transaction mistakenly notes for fiscal years 2008-2010 that “a family owned company” in which “a House Representative on the Utilities and Energy Committee” was a principal had provided $24.4 million worth of “road reconstruction” services. The legislator was Michael Thibodeau, R-Winterport – but his family sold the company in October 2007.

“It appears he should not have been in-cluded in the disclosure for those years,” said Douglas Cotnoir, deputy state controller.

Senate President Kevin Raye, R-Eastport, said he was surprised to learn the disclosure law failed to include businesses affiliated with a lawmaker or executive branch of-ficial.

“It almost strikes me that it’s an oversight or somehow wasn’t anticipated,” Raye said. “I would have thought we already were disclosing this.”

Raye said he would consider introducing legislation to fill the disclosure gap.

“I think it would be in keeping with the spirit of the disclosure law,” he said. “I’m perfectly comfortable with including this aspect under the existing law.”

Naomi Schalit and John Christie are senior reporters for the Maine Center for Public Interest Reporting, a nonprofit, nonpartisan journalism organization that provides in-depth reporting as a public service to its Maine media partners. The e-mail address is [email protected]. The website is pinetreewatchdog.org.

Cape Councilfrom page 1


pected to set a public hearing on the pro-posed sewer user fees for Monday, Feb. 13, at 7 p.m. at Town Hall. The rates will be reviewed at a council workshop on Wednes-day, Jan. 11, at 7 p.m.

In other business Monday, the council

is expected to approve food vendors at Fort Williams Park for a second season. A request for proposals identifies four vendor sites and permits in the park.

There are two spots (A and B) in the Portland Head Light Circle, a site (C) near the Ship Channel Overlook, and a new site (D) at Ship Cove Beach. The new site re-quires vendors to serve cold beverages and

ice cream. All sites are from May 1 through Oct. 31. The minimum bids are $4,000 for sites A, B and C, and $2,500 for site D.

In response to a request from Michael and Stephanie Concannon, who want to open a gourmet market at 349 Ocean House Road, the council will also consider allow-ing an access and utility easement to the high school driveway for a lump sum pay-

ment of $5,000 to be credited to the Cape Elizabeth School Department.

The council will also discuss trolley and tour bus fees at Fort Williams Park.

Amy Anderson can be reached at 781-3661 ext. 110 or [email protected]. Follow her on Twitter:

@amy_k_anderson.

the forecaster, southern edition, january 6, 2012

Documents

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cynthia dill