UNE pier opponents ramp up their efforts

Even as the University of New England begins construction of its controversial research pier, opponents of the project are ramping up their own efforts and raising new concerns about how the City of Biddeford handled its review of the project.

A group of Biddeford residents are now circulating a petition to require the mayor and city council members to host a citizens’ grievance meeting.

According to the city’s charter, any Biddeford resident can force the council to publicly hear their concerns during a meeting in which only the citizens are allowed to speak if they can collect at least 100 signatures from registered voters.

Carole Alexander is one of the key organizers of the proposed Citizen Grievance meeting.

Alexander is the wife of the late Marshall Alexander who served as the city’s harbor master for 37 years. She says her husband proposed an alternate location for UNE’s pier more than 10 years ago.

“I’m angry,” Alexander said. “The city has bungled the entire process and the truth has been distorted. First, they removed our harbormaster, and now they are going after a planning board member who raised concerns. It’s time for citizens to stand up.”

RELATED: Planning Board member: ‘Something Smells Fishy”

Alexander says she is more than confident that her group can collect more than 100 signatures in order to force the meeting.

Meanwhile, questions are now being raised about the law firm that the city hired to represent the Zoning Board of Appeals and some potential conflict of interest issues.

Following the Planning Board’s approval of the university’s pier project, John Schafer – one of the project’s most vocal opponents — filed an appeal of that decision with the city’s Zoning Board of Appeals.

Schafer said that he and several other residents are appealing the planning board’s decision because it hinges largely on one central point: whether the university’s plan required the expressed approval of a harbor master.

“All I can hope for is that the zoning board will send this item back to the planning board,” Schafer said. “The planning board got bad information about whether a harbormaster approved the project.”

During the planning board’s review of the proposed pier, City Attorney Harry Center repeatedly told the board that the project had been approved by a harbormaster.

This audio clip of a discussion between Planning Board Chair Alexa Plotkin and Center during one of the Planning Board’s meetings shows that the role and definition of the harbormaster was a central issue of the board’s review.

RELATED: Planning Board approves UNE pier proposal

But Schafer and others point to the city’s own ordinances and say the private engineer who was hired to replace the city’s harbormaster does not meet the definition of a harbormaster from both city and state regulations.

According to city ordinances, a harbormaster must meet specific requirements to hold that title, including being a “city resident for no less than five years; must have five years of marine experience and must attend annual Maine Harbormasters Association training.”

Center, however, argues that the engineer hired by the city only needs to “facilitate” the review process and ensure that other local, state and federal agencies have approved the project.

But opponents say the city’s ordinances are crystal clear in what defines a ‘harbormaster’ and what his or her responsibilities are.

Section 74-35 of Biddeford’s ordinances reads: “Permission for the construction of any new wharf or pier within the jurisdictional limits of the city shall not be granted without approval of the Harbormaster, along with federal, state and local governing authorities.”

“The planning board never heard from an actual harbormaster,” Schafer said. “That’s a big oversight that needs to be addressed.”

More conflicts of interest?

Earlier this month, the city hired Archipelago Law, a small Portland-based law firm to represent the Zoning Board of Appeals.

Former city councilor Kyle Noble says that particular firm has several conflicts of interest issues because four of the firm’s 12 employees graduated from the University of New England’s Marine Sciences program.

Keith Richard, the attorney who will be representing the Zoning Board, refused to comment for this story.

Mayor Marty Grohman declined to comment on the matter because it is a pending legal issue for the city.

Council President Liam LaFountain also said he could not comment directly on the story, but did indicate that he is hoping to learn more about the firm and why they were chosen.

In an email response to Schafer, City Manager Truc Dever wrote: “While I cannot speak to your assertions regarding potential conflicts of interest, I will be looking into this in advance of the appeals hearing to ensure there is, in fact, no conflict.”

Next steps?

A UNE spokesperson said the university is currently searching for a contractor and has initiated a bid process for the project.

Sarah Delage, Associate Vice President of Communications, said an actual construction schedule has not yet been established and that the university will need a building permit from the city’s code enforcement officer.

“The total work can be done in six to eight months,” Delage said, pointing out that both the land portion of the project and the water portion can be done in phases, as opposed to concurrently.

Delage said the university has not reached out to mooring owners who may be impacted by the project, saying that responsibility rests with city officials.

Delage also said the university will periodically update construction information on the school’s website.

The Zoning Board of Appeals hearing has been set for October 9 and residents who are now gathering signatures for a Grievance meeting with the council say they expect to have more than the required number of signatures they need within a few days.

Editor’s Note: A copy of the citizens petition may be viewed or downloaded using the link below:

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Randy Seaver is the editor and founder of the Biddeford Gazette. He may be reached by email at randy@randyseaver.com

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