City manager quashes Biddeford harbormaster

Originally published on the Saco Bay News website, May 2024

By RANDY SEAVER

Tensions about a proposed pier that the University of New England wants to construct on the Saco River prompted Biddeford City Manager James Bennett to remove the city’s harbormaster from the review process of UNE’s proposed pier.

The pending application from UNE has also prompted a former city councilor to raise his own concerns, demanding that the university addresses a “landfill with 23 buried cars” on the school’s campus near the Saco River.

In his May 22 letter to Harbormaster Paul Lariviere, Bennett said the harbormaster has been biased in his review of UNE’s proposal as evidenced by “several” public comments he has made outlining his steadfast objections to the project.

“These comments and other actions have raised the issue regarding your ability to perform your duties objectively,” Bennett wrote in his email to the harbormaster. “It is my conclusion that allowing you to be the administrative hearing officer on the anticipated application would be a mistake.”

Bennett has also removed the assistant harbormaster, Randy Desmaris, from the review process because he was “trained by” Lariviere.

“I am striving for complete fairness, Bennett told Saco Bay News, and I have to err on the side of abundant caution to protect the city, its representatives, residents and the applicant. My goal in all of this is to protect everyone and to ensure the fairest possible review of the application.”

Bennett says he will choose and appoint a special ‘Harbormaster Pro Tem’ for the sole purpose of hearing and deciding on the anticipated application from the university.

According to Alan Thibeault, vice president of operations at the University of New England (UNE), the university is expecting to submit its application directly to the city manager’s office within “the next few days.”

Thiebeault said the proposed pier, which would be located near the university’s Marine Sciences Center, is not something that was recently envisioned.

“This project has been discussed in various aspects for more than a decade,” Thibeault said, pointing out that the pier was part of the university’s master plan, which was first approved by the Biddeford Planning Board in 2008.

Thibeault described the proposed pier as a “vital part to our ongoing marine research program.” He said the university has spent several years rigorously evaluating at least nine different sites for the location of the new pier.

Before UNE can submit approval applications to any other agencies, the project must first be approved by the city’s harbormaster. Although approvals from the planning board, the state and even the federal government will be required, nothing can happen until the harbormaster grants approval.

Lariviere said his objections to the pier are based solely on well-established review criteria when a project could impact navigation, fishing or fowling in a federal channel. Lariviere says he developed an alternative plan for UNE’s pier, but says UNE has “made up its mind.”

At the base of his objections, Lariviere said UNE’s proposal would “encroach on existing moorings.”

Thibeault said he was aware of the harbormaster’s misgivings about the pier, but also said the university was “never presented with any objections or alternatives in writing” from the harbormaster.

Lariviere said he was deeply disappointed by Bennett’s decision and is especially irked by the city manager’s directive, which orders Lariviere “to make no further comments in this regard, public or private.”

Lariviere issued his own press release, and said he will not comply with Bennett’s “unconstitutional order.”

“Did either the mayor, the city attorney or any city councilor authorize the manager to order a Biddeford resident to keep his mouth shut about public business?” Lariviere asked.

Although he is still officially the city’s harbormaster, Lariviere described Bennett’s move as a “purge” on behalf of the university.

“I know Mr. Bennett is working hard for UNE, “Lariviere said. “But now that he’s executed his purge, who will look out for the people of Biddeford?”

Lariviere said he has been aware of UNE’s desire to have a pier on the Saco River since the idea was first discussed several years ago, but says for the time being he will make no further comment about the university’s plans.

“I do plan to be in touch with the mayor and the city council about Mr. Bennett’s attempt to intimidate me,” he said.

Asked what his next move will be, Lariviere shrugged his shoulders and said, “Right now, I don’t know.”

During a telephone interview Wednesday morning, Bennett defended his decision and said he had little choice in the matter. He stressed that the city could not afford even the appearance of impropriety. Bennett also said his removal of Lariviere was “not a disciplinary action, but rather a proactive move to make sure “that all persons, including the applicant, are treated fairly.”

What to do about an old landfill?

Meanwhile, UNE is now facing increasing pressure from a former Biddeford city councilor to address what he claims is a “former landfill with 23 buried automobiles” on the banks of Saco River.

Kyle Noble, a longtime Hills Beach resident and former city councilor, says the university should take “immediate steps” to remedy that site before any other pier proposals are considered for approval.

Earlier this year, Noble contacted the Maine Department of Environmental Protection (DEP) to voice his concerns about the site where automobile tires, automotive fenders and other metallic pieces of scrap can be seen protruding from the ground below a parking lot.

According to both Noble and Thibeault, a representative from the DEP came to Biddeford earlier this year to inspect the area where it is obvious that scrap materials were used for fill decades ago.

Both Noble and Thibeault participated in the site walk, and both men say that the site walk did not seem to trigger any significant concerns by the DEP.

As of press time, representatives from the Maine DEP were unavailable for comment.

Thibeault says the university is not ignoring nor trying to “cover up anything about something that happened many, many years ago.”

In fact, Thibeault says the school is actively in the process of developing a remediation effort that will include creating a natural barrier between the landfill and the marshy area of the river bank.

“Frankly, I’m a bit perplexed by Mr. Noble’s press release,” Thibeault said. “He was with us during the site walk with the DEP. I think the timing of his press release is a bit questionable.”

But Noble said he sees the upcoming application for UNE’s new pier as an ideal time to address something that has been ignored for a long time.

“Given the university’s prominent role in trumpeting its own dedication to protecting the Saco River, I would like to respectfully suggest that UNE delay no longer and work diligently to remove the 23 cars that are buried just feet from the Saco River,” Noble wrote in a letter he sent this week to UNE president James Herbert.

Noble said he is not interested in retroactive fines or punishment, but wants to ensure that UNE will live up to its self-described status as a champion of the environment.

“I’ve held my tongue long enough waiting for the correct response,” Noble said. “Now I feel an obligation to let the people of Biddeford know about this. It’s been kept a secret too long.”

Noble said the cars were buried in a “makeshift landfill, unknown to almost all Biddeford residents, is near the town landing and owned by Biddeford citizens.”

Lariviere said he personally witnessed some cars being buried near the spot in the 1960s, 1970s and 1980s.

“I’m not too concerned about the buried cars,” the harbormaster said. “But I am concerned that we observed pools of oil sheen on the water near that site during heavy rainfall events.”

Thibeault said the DEP has found no evidence of leaching materials, and said the agency did not consider the site to be a landfill. He did acknowledge that some erosion has occurred over the years, but stressed that any direct remediation effort could negatively impact the surrounding area.

“We can’t just go in and start digging up debris,” Thibeault said. “We are taking a more comprehensive approach, and we’ll be working closely with the DEP, the Saco River Corridor Commission and possibly the U.S. Army Corps of Engineers to address and remedy this issue.”

Town Versus Gown?

Biddeford Mayor Marty Grohman said he supported the city manager’s decision. “It’s not something that any of us are thrilled about,” Grohman said. “But we have to ensure that everyone is treated the same, that everyone can get a fair hearing.”

Grohman acknowledged past tensions between the city and the university, saying many of the same tensions can be found in communities with college campuses, including Colby College in Waterville and Bates College in Lewiston.

“I think we have come a long way over the past few years,” Grohman said. “From where I sit, it appears me that the university is more than willing to work with us. We all know that relationship has not always been smooth, but I am reasonably confident that we can work together.”

Thibeault agreed with Grohman.

“We want to be an active and engaged neighbor in this community,” Thibeault said. “The university is absolutely committed to working with the city to address any concerns or issues. In my time here, I have seen tremendous progress over the last 30 years.”

For his part, Lariviere said he felt pushed by Bennett to approve UNE’s proposed pier.

“He called me on my cell phone after one of our meetings with UNE and asked ‘is there any way we can make this thing work?”

Bennett adamantly denies ever saying that or applying any pressure whatsoever for an approval from the harbormaster.

“I did remind him of his statutory duties and requirements, which are the same requirements that I have to follow as a city representative,” Bennett said.

Bennett said before making his decision he consulted the city’s attorney and extensively reviewed court cases in which municipalities lost legal battles because of allegations regarding bias and unfair treatment toward an applicant.

“My job is not always easy or pleasant,” Bennett said. “But it is my job to protect the city and to make that every member of our staff acts in full accordance with all federal, state and local regulations and ordinances. It’s not personal.”

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