Second-hand parents

State Rep. Marie Laverriere Boucher (D-Biddeford) is living in La-La Land, where every little girl has a pink pony and giant-screen televisions repeatedly show episodes of Little House on the Prairie.

Let’s give the Biddeford City Council a rest this week, and turn our attention instead to all those wacky legislators we love to hate. What is going on in Augusta? And what has Laverriere-Boucher been smoking?

Marie has introduced a bill that would prohibit foster parents from smoking in their homes or cars because they would be exposing children to the dangers of second-hand smoke.

For the record, I am smoking while writing this column.

Marie’s bill, while chock-full of good intentions, is completely impractical and the likely passage of such a law raises serious concerns about enforcement and the state’s pathetic lack of foster parents.

For the record, I am married to a child protective caseworker for the Maine Department of Human Services.

Perhaps Marie has been too busy with the state’s projected $1.2 billion budget deficit (that’s right, I said $1.2 billion) to watch the PBS Frontline series about Maine’s DHS system. In episode two of that three-part series, viewers watched a day in the life of various caseworkers from the Bangor DHS office. One portion of that episode showed three caseworkers spending their entire day desperately trying to find a foster family for two little girls (sisters) who had been removed from their home.

For the record, Laura and I had a big argument while watching the above-mentioned television show.

Let’s be honest. Smoking is not a smart thing to do. Also, scientific studies have clearly shown the dangers of second-hand cigarette smoke. Should foster parents smoke? Absolutely not. But here’s a better question: should any child be in a foster home? In an ideal world like La-La Land, foster homes would not be needed.

Scientific studies have also shown that eating red meat is bad for you; so is exposure to sunshine. How many children have died in automobile accidents? Sugar causes gum decay and television warps their minds. I guess, under ideal circumstances, parents would be perfect without flaws or bad habits.

But before you jump on me about smoking, know this: I stepped in to help raise two boys who were — for all intents and purposes — abandoned by their father. When I do smoke, I do so in the enclosed front porch of our home, which has been converted into 50 percent office space, 50 percent dining area and the other 50 percent laundry room.

For the record, we have a small house.

I like to refer to this space as the West Wing of our home, even though it faces the northeast side of our property.

Am I a bad step-father because I smoke? Maybe. But I also coached their Little League team (no, I did not smoke anywhere near the fields.) I work with Tim and Matt on their homework and then read to them each night before their mother comes in for cuddles. I’ve taught Tim (age 7) how to play chess.

I pack the boys’ lunches each day and help them get dressed in the morning while their mother gets ready for work. I took a day off from work last week to take Tim to the doctor’s office. I do my best to teach them right from wrong and about basic values and responsibilities. I tell them both each day that I love them, and that I am proud of them. I take an active interest in their school activities and even chaperoned a field trip last year.

Am I the perfect parent? Absolutely not. But for these two boys who never had a father, they seem to think that I am. And what’s more important than that?

The pool of available foster parents in Maine is dangerously shallow; let’s not make it harder for people like Marie and her husband, Dan, who are now willing to open up their own homes in order to help a child who needs it.

Unfortunately, the vast majority of us do not live in La-La Land. Maybe that’s something Marie should think about before becoming so self-righteous on the House floor.

Deal Gone Bad

Four years ago, the owners of the Maine Energy Recovery Company told city officials they would never consider relocating their trash incinerator facility out of downtown Biddeford.

Within the last two years, that message has drastically changed.

The turnaround is likely the result of continuing closed-door negotiations between company officials and city officials from both Biddeford and Saco, not to mention increasing public opposition to both the plant’s location and operation.

The negotiations began roughly two years ago, shortly after both cities filed separate lawsuits against the company. Both sides are reportedly hoping to avoid excessive legal expenses and an unpredictable court decision. The case is still pending in York County Superior Court.

The cities’ civil lawsuits stem from the 1999 acquisition of Maine Energy by Casella Waste Systems, one of the country’s largest waste handling companies, headquartered in Rutland Vermont.

This week, we will continue to examine the history of events that led us to where we are today in relation to the controversial trash-to-energy company.

After renegotiating a new contract with its so-called host communities of Biddeford and Saco, MERC’s parent company agreed to remove its namesake acronym from the plant’s main, 244-foot ventilation stack.

From there, tensions between the company and its host communities cooled considerably. The 1990 lawsuit filed by Saco was settled out of court. The company’s stack no longer billowed plumes of ash. The next five years were described as a “honeymoon.”

But in June 1997, Ted Hill, then president of KTI (MERC’s parent company), called the mayors of Biddeford and Saco into his office for a meeting.

Biddeford Mayor James Grattelo and Saco Mayor Mark Johnston were both completing their final terms as their city’s respective mayor.

“We got to Ted’s office on Saco Island, and he told us he had good news,” Johnston recalled. “He said Central Maine Power Company opted to buy out the remainder of their power purchase agreement. Suddenly, the company had a lot of cash.”

Under the terms of MERC’s new and extended contract with the two cities, the company was required to immediately notify municipal officials of any changes to its financial or operational status.

The cities wanted MERC to use their new-found wealth (roughly $90 million) to improve the plant, especially its odor problems. The cities also wanted their tipping fees reduced. The company agreed to the former request but balked at the latter, arguing that they were under no obligation to lower tipping fees.

But when the company revamped its internal air handling systems, it was fined by the Occupational Safety and Health Administration (OSHA). As time wore on, Johnston said, the company continuously increased the amount of trash it accepted to fuel its boilers.

Johnston said the renegotiated contract prohibits the company from accepting anything more than 212,000 tons of trash. Today, he estimates, the company processes in excess of 312,000 tons of trash each year.

In order to comply with the OSHA ruling, the company kept exterior doorways opened to improve inside air quality. The result was a significant increase in odor complaints that led to mounting citizen frustration and eventual political polarization.

Once considered to be too cozy with municipal officials, the company was now facing increasing pressure from its host communities to clean up its act or — better yet — get out of town. A new tone of getting tough on the company emerged from both city halls.

By the summer of 1998, a series of explosions in the company’s main shredder, coupled with increasing odor complaints, morphed into a fever pitch of resentment that was aimed directly at MERC. The troubled company also became the focal point of several political hopefuls as they planned their upcoming municipal election campaigns.

In December 1998, the Biddeford City Council drew first blood in what eventually became an all-out effort to shut down the company. A new ordinance was passed that levied significant fines for any calls the city’s fire department was forced to respond to at the incinerator.

In the summer of 1999, Jim Boldebook, the owner of an advertising agency best known for its Jolly John radio ads, launched a new website called stoptheodor.com

A focus for political leaders

With the November 1999 municipal elections looming, anti-MERC statements and positions seemed to be a favorable position for several candidates who formed an alliance devoted to “getting tough” on MERC.

A series of newspaper advertisements, labeled “This Stinks,” featured the names and photographs of political hopefuls from both Biddeford and Saco, including State Rep. Stephen Beaudette (D-Biddeford), who was then the Biddeford City Council president and a mayoral hopeful. Saco City Councilors Leslie Smith and Arthur Tardif were also featured in the ads, along with Johnston who was then attempting a political comeback by vying for a city council seat in Saco.

The ads, paid for by Johnston, contained information about MERC’s operations, encouraging readers to elect candidates who would take a hard stand against the company.

Saco and Biddeford both had new mayors. Both Bill Johnson and Donna Dion were hoping for a second term. Although they were not as publicly vocal in their criticisms of the company, they each pledged to keep a close eye on the company and its operations.

But company officials were not about to lie down and play dead.

“These advertisements are examples of guerilla warfare,” said Ted Hill, KTI’s president, in an October 1999 interview with the Courier. “These ads don’t look at the broader picture.”

And Samuel Zaitlin, a former Saco mayor who was then a KTI vice president, criticized the ads and candidates for telling “half-truths” and “distorting facts.”

“If you repeat a story long enough, and if you make unsubstantiated claims loud enough — it becomes very easy to play into the hands of certain cynicism,” Zaitlin said. “What many of these people don’t realize is that if they are elected, they will have to begin a reasoned and civilized process in order to seek reasonable solutions.”

Was it a sale?

But political pressure on the company continued, bolstered in part by the Dec. 15, 1999 announcement that MERC and its parent company were being acquired by Casella Waste Systems of Vermont.

As part of the 1991 contract, the cities included a clause that would entitle them to 20 percent of the plant’s value if it were sold. The cities claimed the merger represented a sale. The company countered by saying it was an acquisition, not a sale.

A bitter legal battle was on the horizon, and the two cities opted to take sharply different approaches. Meanwhile, MERC’s new owners pledged to “overwhelm and eliminate” the plant’s odor problems.

Saco officials, led by then Mayor Bill Johnson, began meeting with company officials behind closed doors in order to hammer out a new agreement that would give the city significantly lower tipping fees and address potential health concerns. The city also began exploring increased recycling options, such as its automated waste collection system that was eventually launched in Jan. 2003.

Biddeford officials, on the other hand, began reviewing legal strategies and eventually struck back at their neighbors across the river by re-routing all departing trash trucks from the company through Saco in April 2000.

Both Grattelo and Johnston had returned to elected office as city councilors in their respective communities and each called for keeping constant pressure on the company.

New owners come to town

Shortly after his company acquired the Maine Energy Recovery Co., John Casella, president and founder of Casella Waste Systems, sat down with city councilors and the mayors from Biddeford and Saco during a joint-council workshop meeting in Jan. 2000.

During that meeting, Casella and other company officials told local leaders that their company was anxious to become good corporate citizens. They promised to “overwhelm” continuing odor problems at the downtown Biddeford trash incinerator. They said they wanted to be part of the community’s long range planning by providing “innovative leadership” in the areas of recycling and solid waste removal.

But they also said that Maine Energy was here to stay, and that they had no intentions of shutting the plant down.

The public meeting, held at the McArthur Library, was intended to allow each side to “size-up” the other. It was a sometimes tense discussion that was attended by more than 100 concerned residents and business owners, including a group of men and women who were then working behind the scenes to form a new environmental watchdog organization.

A new voice of opposition

A significant shift was taking place in public opposition to the plant.

In February 2000, less than 30 days after Casella met with local leaders, the formation of Twin Cities Renaissance, a non-profit, environmental watchdog group, was announced. Unlike previous plant critics, the new group promised to work in a “reasonable manner” through a series of “pragmatic steps” to eventually relocate or close the company.

“It’s time to stop complaining,” said Mark Robinson, on of TCR’s founding members. “It’s time to do something.”

That “something” was outlined in TCR’s three-pronged mission statement, which includes ensuring that the company fulfills all of its contractual, regulatory and legal obligations; to encourage independent research that quantifies the economic, social and health impacts of the facility; and to explore alternative methods of waste disposal that includes a possible relocation of the plant.

“Solid waste disposal is an infrastructure challenge that confronts every city,” Robinson said as he explained his group’s mission statement during a press conference. “Biddeford and Saco have the unique and additional burden, however, of frequently suffering the pungent stench of garbage in the very heart of our downtown districts.”

Members of TCR, including bank presidents, environmentalists, health care providers and teachers, said their approach would stay clear of personality issues and instead focus upon any possible solutions to the overall problem.

Two different approaches

During the next year, even as Saco officials continued negotiating with the company, Biddeford officials began deliberating the passage of a new ordinance that would provide more stringent air emission standards than what were then required by either state or federal agencies.

But Biddeford’s proposed air toxics ordinance soon proved to be controversial. Other manufacturing firms raised concerns about the new standards, questioning whether the ordinance would be either effective or realistic.

In March 2002, the city of Saco was poised to renew an independent contract with the company. Then, after TCR rallied more than 150 residents to show up at City Hall and protest the move, the city council reversed its position, instead opting to follow Biddeford’s course and file a lawsuit against the company’s Vermont-based owners.

How much is it worth?

The central component of the pending lawsuits that were filed by both Biddeford and Saco involves the plant’s market value, which is still being disputed.    

While the towns believe the plant could be worth as much as $74 million, the company said last year that those estimates were grossly inaccurate. Citing diminishing electric power sales, company officials said the plant is worth somewhere in the neighborhood of $22 million.

Although existing contracts allow the company to charge roughly 7 cents for each kilowatt hour of electricity it produces from burning trash, the current market price for surplus electricity is much lower — roughly 3.5 cents per kilowatt hour.

A settlement option

Facing mounting legal costs and the prospect of losing a low-cost source of trash disposal in 2007, when the municipal contracts expire, several of the charter towns that also use Maine Energy for the disposal of their municipal solid waste opted to settle their own collective lawsuit against the company earlier this year.

In exchange, the Tri-County collaborative, which includes the towns of Old Orchard Beach, Arundel, Kennebunk and Dayton, received a new and simpler contract, which provides significant savings in tipping fees for its 19 member communities.

“I would describe this as a big win for all the communities,” said Barry Tibbets, Kennebunk’s town manager, during an interview with the Courier last year.

The settlement followed upon the heels of a September 2002 announcement by company officials that they would be “willing to explore all options on the table within the parameters of a logical and reasonable discussion focused upon long-range solutions.”

But Biddeford officials, especially, seemed unfazed by the company’s gesture, saying the reversal is simply the result of their refusal to negotiate an out-of-court settlement.

Company officials, however, say they have not completely changed their position.

“If you stop and think about it, our position has never changed,” said James Bohlig, senior vice president of Casella Waste, during a March 2003 interview. “We were asked if we would be willing to just pack up and go home — and that answer would still be no. On the other hand, are we willing to explore all options for a win-win solution? The answer to that question has always been yes.”

Unwilling to settle

But the mayors of both Biddeford and Saco seemed to bristle when asked if they would consider settling their differences with MERC outside of the courtroom. Donna Dion, then Biddeford’s mayor, and Bill Johnson, Saco’s mayor, pointed to Zaitlin as a point of contention in the summer of 2002.

Zaitlin left the company in April 2000 in order to pursue a master’s degree at Harvard’s John F. Kennedy School of Government. He was hired as a consultant by Casella in 2002 and charged with assisting the company with its ongoing negotiations with MERC’s host communities.

In previous interviews, Zaitlin said he has been meeting on a regular basis since the summer of 2002 with TCR representatives. It was at about the same time as state officials began to take serious notice of TCR’s efforts to relocate the plant.

“The only way to address very complicated issues is through a rational dialogue in which both parties feel that they can be heard and involved,” Zaitlin told the Courier in Sept. 2002. “Regardless of what happens with the lawsuits, these issues are simply not going to disappear. We have to think about the long-term, and we must frame those discussions

in a thoughtful, hard look at the entire range of solid waste issues.”

But both Dion and Johnson questioned Zaitlin’s motives, citing his close friendship with then outgoing Gov. Angus King and his past employment with the company after serving as head of the Maine Bureau of Environmental Protection.

Dion and Johnson also rejected an offer by King to help negotiate a settlement, saying the process would likely extend well beyond the remainder of the governor’s term, which was set to expire in January 2003.

TCR officials expressed disappointment about the mayors’ decisions but said they would continue their work.

Changing dynamics

In November 2003, Johnston returned to the mayor’s post in Saco and Gen. Wallace Nutting, a retired U.S. Army General, upset two better known opponents in Biddeford’s mayoral race. Zaitlin urged Nutting to seek the office, saying the city needed a “rational” leader who could deal reasonably with MERC.

TCR members, meanwhile, struggled with competing public policy issues that overshadowed the MERC debate, including a proposal to develop a large-scale casino in Biddeford and then a so-called “racino” in Saco.

But during the last few months, TCR is again raising its voice and closely watching the ongoing MERC negotiations that now include the city of Biddeford. Recently, the group has called upon MERC to change the way odor violations are investigated and raised concerns about explosions of disposed propane tanks in the company’s shredder.

Despite their willingness to be rational and to steer clear of personality issues, members of TCR also maintain that they want the company to be held accountable for all of its obligations.

“I know that when the company speaks of relocation, it intends that it will be paid $100 million or so,” said Rick Hull, a Biddeford attorney and TCR member in a previous interview with the Courier last year. “For my part, I believe that if all relevant environmental standards are strictly applied, the company would be shut down for compliance failures.”

What does the future hold?

But the company’s possible closure or relocation remains questionable, despite reports that a state-owned landfill in Old Town would be willing to accept local municipal solid waste.

MERC is still Biddeford’s largest taxpayer, and the city’s other top two commercial taxpayers (Interstate Brands Corp., which owns the Nissen Baking plant; and West Point Stevens) have both reported financial problems. Furthermore, public opposition to the Old Town landfill seems to be increasing.

“There are a number of things for both cities to consider as we move down the road,” Zaitlin said. “The existing contracts will expire in 2007. The market rate for solid waste disposal is constantly on the increase. And the cities will have to go to the market, and even if they can find another option, they have to consider a number of other variables such as transportation costs and the building of a transfer facility.”

Today, the negotiations continue and the pending lawsuit awaits. Meanwhile, many people continue to wonder whether the MERC plant will ever go away or if it will continue to be a fixture in the heart of both host communities.

MERC: Broader implications for Maine’s solid waste problems

In many ways, Old Town is a lot like Biddeford. Both cities are supported by a manufacturing base and perched along a river bank. Biddeford has the University of New England, and Old Town is just a short drive away from the University of Maine’s Orono campus.

But while Biddeford considers the possibility of getting out of a host communities contract with Casella Waste Systems, city officials in Old Town are now preparing to enter into a similar agreement with the same company.

And in the end, if the controversial MERC plant is closed in Biddeford, the trash that is now incinerated on the banks of the Saco River could soon be on its way north, to where the Penobscot and Stillwater rivers merge.

The convergence of the two cities started a little more than two years ago, when Georgia Pacifc (headquartered in Atlanta) announced in February 2003 that it would soon close the doors at its Old Town tissue- paper mill.

Gov. John Baldacci’s office immediately scrambled, setting up a deal to save 450 jobs that pay an average of $55,000 per year by purchasing the paper mill’s 68-acre landfill in nearby West Old Town.

The deal allowed Georgia Pacific to use the money to become more efficient and save energy costs by developing a biomass boiler. That, state officials hoped, would make the mill more efficient and prevent the jobs from being transferred out of state.

That deal, however, set the stage for controversy, creating noticeable tension in the community of 8,500 people where Georgia Pacific pays $3.3 million in property taxes, roughly one-third of the city’s tax roll.

The deal was formally struck in February 2004, allowing the state to buy the landfill from Georgia Pacific for $26 million. But since Maine didn’t have the cash to buy the landfill, it sought help from Casella, offering the Vermont-based company a 30-year lease to operate the existing landfill.

By state law, the development of commercial landfills has been banned since 1989. Since Casella needed a way to increase its market share, the company agreed to pay $26 million for the operation rights, giving them a firm market hold in Maine, where they also own a number of related facilities, including the MERC plant in Biddeford and the former Pine Tree landfill in Hampden, a short drive south of Old Town.

Although the deal seems to have many advantages — including increased disposal capacity, saving endangered jobs and providing a glimmer of hope for closing MERC — critics say the bad outweighs the good and accuse state officials of merely allowing two large, out of-state companies to get into bed together at the expense of a small community’s environmental well-being.

The battle begins

Matt Dunlap was serving as Old Town’s state representative when Georgia Pacific announced two years ago that it would be closing its plant. Today, Dunlap serves as Maine’s Secretary of State, and he described the landfill deal as “one of the hardest things I have ever dealt with.”

Dunlap said the deal pitted neighbor against neighbor in Old Town.

“I lost some very good friends because of this situation,” he said during a telephone interview Friday. “I remember coming out of one public hearing in Old Town, and somebody had written the word ‘traitor’ on the back of my truck.”

Dunlap quickly concedes that the deal was moved along quickly, but insisted that no one did anything to hide the truth or to purposefully cloud the issue, as critics of the deal contend.

“We did debate this at 11:30 at night,” Dunlap said, referring to the legislative session that ended in June 2003, when state lawmakers were asked to approve the landfill’s transfer of ownership at the last possible minute — just before the session was scheduled to end. “Everyone was scrambling to do whatever we could.”

Like other state officials, Dunlap points out that the West Old Town Landfill was already in existence when the state offered to buy it. The landfill, he said, was previously owned by the James River paper mill and was used for that company’s sludge disposal. When Georgia Pacific bought the James River mill the landfill was part of the package.

“One way or another that landfill was going to be sold,” Dunlap said. “I thought it was better to have the state buy it so that we could have more control over it.”

If Georgia Pacific had closed its doors in Old Town it would be an economic catastrophe for the city, Dunlap said. “The worst news you can get when you’re a legislator is that one of your largest employers is shutting down,” Dunlap said. “We had to move at a fast pace.”

Despite critics’ assertions that the deal was kept under wraps, Dunlap said many people in Old Town didn’t pay much attention to the deal until it was finalized. “There were front-page stories in the Penobscot Times (an area weekly newspaper) and the Bangor Daily News, but people apparently didn’t pay much attention. It was such a complicated issue.”

But State Rep. Joanne Twomey (D-Biddeford) said the deal was never clearly explained to residents, pointing out that the public notice of the legislative hearing, which was published in the Bangor Daily News, never included mention that the landfill would now be allowed to accept “special waste.”

“All they said was that the landfill’s ownership was being transferred,” Twomey said. “If they had told people what was really going on, more people would have come to the hearing.”

Regardless, critics of the deal say it sets up a dangerous precedent, one which allows the state to be both the applicant and the grantor for expansion permits at the landfill, which is nestled in a marshy area on the westerly side of I-95, near the border of the neighboring town of Alton and the Pushaw Creek, a tributary of the Stillwater River.

Dirty deeds, done dirt cheap?

On the one-year anniversary of when the DEP signed the landfill’s new license (April 9, 2004), a group of the deal’s most vocal critics gathered at the home of Laura and Harry Sanborn in Alton.

The Sanborn property sits almost directly across the road from the main entrance of the West Old Town Landfill. For six generations, the family has owned the property that now features a modern, ranch-style home with a landscaped yard.

Soon, an increasing number of trash trucks will be rumbling down the road in front of the Sanborn property, which abuts Rte. 16.

“We don’t have a problem with taking care of our trash,” said Harry Sanborn, a management consultant. “We’re not a bunch of NIMBY (Not-In-My-Back-Yard) types. We know that we have a responsibility to take care of our trash, but this deal stinks.”

Laura Sanborn said she gave up her seat in the Maine House of Representatives so that she could focus on issues surrounding the landfill. When asked if she could be re-elected after publicly opposing a deal that was designed to save jobs, she took a deep breath and said,

“I’m not sure, but I know that I’m doing the right thing.”

The Sanborns are members of a group known as We The People, a grass-roots coalition of highly motivated people who share only one common denominator: opposition to expanding the West Old Town Landfill.

The group has fi led an appeal in Penobscot County Superior Court, arguing that the landfill should not have received a permit to expand.

According to the Maine State Planning Office, the 68-acre landfill will now be able to take in 10 million cubic yards of waste, stretching 180-feet above ground level.

George McDonald, manager of waste recycling at the SPO, said the West Old Town Landfill would likely be able to operate for 30 years, despite the need for another expansion in three years that is already in the works.

We The People members, however, wonder why the state didn’t consider the Carpenter Ridge landfill in Lincoln for their new deal.

Carpenter Ridge sits on 37 acres, but McDonald said expanding it would be cost prohibitive (estimated at $35 million) and points out DEP concerns about its geologic stability. “It’s still something we mayhave to look at down the road,” he said.

But the Old Town plan seems to work better (or worse, depending on the perspective) for a deal, which essentially allows Georgia Pacific to escape any future liability concerns connected to the West Old Town landfill, where critics have already raised environmental concerns.

Members of We The People say the deal does nothing for Maine’s future, only allowing Georgia Pacific and Casella to make millions of dollars while the state was held hostage for politically-valuable paper mill jobs.

“Ultimately, this is all about money,” said Stan Levitsky, a graphic designer and member of We The People. “Just look at the corporate connections. Georgia Pacific’s attorney (John Delahanty of Pierce Atwood) is a registered lobbyist for Casella.”

The money trail

While the West Old Town Landfill deal allows Casella to operate a commercial landfill that is really not a commercial landfill because it is owned by the state, Georgia Pacific also got a lot more than a $26 million biomass boiler out of the deal.

And while the governor’s office said the deal would save jobs, there is no written guarantee of that fact, especially in an economy that is becoming increasingly competitive as global markets continue to merge.

Thus, We The People contends that the state got left with the short end of the stick and their community will soon become host to an increasing amount of trash from all over Maine and beyond.

As part of the deal, Casella will be allowed to take in roughly 540,000tons per year of trash into the landfill. Furthermore, Casella has offered to sell some of that trash (construction and demolition debris) to Georgia Pacific as fuel for its new boiler. That “fuel” cost will be capped at $4 per ton, which is roughly half the current market rate, allowing Casella to have more capacity at the landfill and Georgia Pacific to enjoy subsidized energy costs, netting Casella roughly another $400,000 in annual revenue.

Political connections

Paul Schroeder, another member of We The People, said some of his biggest concerns about the deal focus on how it was orchestrated, saying pressure from the governor’s offi ce was put on the DEP to ensure that the deal would go through.

“Maine is going to become the final resting ground for everything that no one else wants, and it was all done under the guise of saving jobs,” Schroeder says. “The similarities between Old Town and Biddeford shouldn’t come as a surprise. That’s how these deals are done.”

And Levitsky says the people of Old Town were never asked whether they wanted to approve the deal, crediting Twomey with at least pushing for public hearings about the proposal. “Originally, people like Matt Dunlap were saying we didn’t need public hearings because this was all about saving jobs,” Levitsky said. “No one did their homework until it was too late.”

Schroeder has constructed a detailed timeline of the events leading up to the deal’s approval, pointing out that the original proposal came out of the Legislative Revisor’s  office on May 30, 2003. On June 2, 2003, the following Monday, a public notice about the hearing was published in the Bangor Daily News. On June 3, the hearing was held and only seven people showed up to testify, all union representatives who were concerned about the possible loss of Georgia-Pacifi c jobs.

“We never knew about it,” Schroeder said. “It was signed, sealed and delivered before anyone could balk.”

What to do now?

Gary Sirois is the chair of the Old Town City Council. Now serving his second term on the council, Sirois said he’s trying to “look at the whole picture” as his council considers a long-term, host communities contract with Casella.

“We’re concerned, but we have to go on the assurances that we’re getting from the state,” Sirois said. “It’s a difficult and complicated issue, but we’re told that the management of that landfill is going to be done right.”

Sirois said his council will likely spend the next few months in negotiations with Casella, and declined to discuss specifics of the proposed contract, citing their confidentiality during executive session meetings. “We’re just trying to do the best we can with what we’ve got,” he said.

Others in Old Town, especially those who say the deal will benefit their city, were hesitant to speak on the record about the deal, citing concerns about increasing tensions in the city.

Peggy Daigle, the newly appointed city manager, did not return the Courier’s repeated phone calls for an interview.

Meanwhile, Joanne Twomey, one of MERC’s earliest and most vocal critics, sighed when she was told about Sirois’ statements. “It’s happening all over again,” she said, referring to her own unsuccessful battle to keep MERC out of Biddeford some 20 years ago. “It just keeps coming, and it makes you feel like just giving up.”

General Wallace Nutting: Interview

In two years, General Wallace Nutting will be able to do what no other Biddeford mayor has done.

By way of tradition, the mayor’s portrait will be hung next to the photographs of all the former mayors in City Hall.

But no other Biddeford mayor’s picture also hangs in Saco’s City Hall.

Born and raised in Saco, Nutting was honored two years ago by Saco Mayor Bill Johnson as an “outstanding and distinguished citizen” because of his extensive military career and accomplishments.

Gen. Wallace Nutting. U.S. Department of Defense Photo

Nutting retired from the United States Army as a four-star general, Commander of U.S. Southern Command and a senior advisor to President Ronald Reagan.

Among his many accomplishments, he coordinated and led U.S. efforts to extract Manuel Noreiga from Panama in 1990.

There was no way then for the retired, four-star general to know that he would someday be leading the neighboring city of Biddeford.

Nutting, 75, was in many ways an unlikely candidate in Biddeford’s traditional political structure. A Republican who lives in Biddeford Pool, Nutting was considered by many people as an “outsider,” when he tossed his hat into the mayoral ring, less than three months before the election.

But Nutting proved his detractors wrong on Election Day. Once the votes had been tallied, Nutting beat-out his two more well-known Democratic opponents with 41 percent of the vote, earning the top spot in six of the city’s seven voting wards and leaving City Council President Marc Lessard, an early favorite, in last place.

It was a much different result than Nutting’s first bid for political office in 1994, when he ran for the State Senate. He lost the Republican primary to John Hathaway of Kennebunk, who later went on to win the seat.

One political observer said Nutting’s mayoral win was the result of a “perfect political storm,” in which several key issues converged into a mass of voter resentment about politics as usual.

Last year, Nutting was an outspoken critic of a proposal that would have allowed the city council to negotiate for the placement of a casino gambling resort. His two opponents supported the measure, but voters overwhelmingly rejected it by more than a 2-1 margin.

The council was also hammered because of a recent property tax revaluation and for problems associated with a middle school construction referendum, not to mention their controversial decision last year to shut down the city’s public access television studio.

And while Lessard sparred with Daniel Boucher, a member of the school committee, on several of those issues, Nutting seemed to rise above the fray and focused his campaign message upon basic issues of opening up communications and restoring respect to City Hall.

The mayor doesn’t have a lot of political power in Biddeford. Will that be difficult for you?

“Listening to people has always been a part of who I am, and it’s my basic strategy in most every situation. Human beings and organizations work best when they openly communicate. I’m a patient listener, and I find that leadership through persuasion is most effective.”

Last week, you found yourself for the first time on the other side of the council desk. What was it like?

“Let me tell you, it was a very humbling experience. The voters spoke very clearly during the election. Trying to accomplish their will should prove to be a daunting task.”

But in a letter to the editor last week, Richard Rhames pointed out that only one of the 37 candidates in Biddeford received a majority of the votes.

“Mr. Rhames plays a very important role in this town, and I respect that. He is correct with his math, but you also have to look at the number of candidates. So, no — I wouldn’t call it a mandate, but if you look how they voted for the mayor and nine councilors, it becomes pretty clear that people wanted change.”

You have criticized the council’s decision regarding the local public access television station. Are there any big changes on the horizon for that issue?

“The big fear that I hear being voice now is all about pornography being shown on the channel. There are guidelines for other television stations, so I don’t see why we can’t impose some of those same guidelines to protect the public without being overbearing.

“Other than that, there ought to be a free and open discussion of ideas and viewpoints. We live in a nation that honors free speech. Let me just say that I will not be offended if someone opts to criticize me on television or otherwise. If there is a political criticism, so be it.

But as Councilor Raymond Cote says, the mayor proposes and the council disposes.

(Smiles) “Personally, I believe that there can be five votes to move the issue forward. It’s a challenge to lead through persuasion. Sure, I have issued orders in the past, but I know that I can’t issue orders here.

“[Generals] Marshall and Bradley are my heroes. They both accomplished a lot through persuasion.”

You’re the first Republican in nearly 40 years to win the mayor’s seat in Biddeford.

“Being a Republican or a Democrat really doesn’t make much difference. Republicans and Democrats both pick up trash and shovel snow the same way.”

Have you spoken with Gen. Wesley Clark since the election?

“I can’t remember the last time I saw him. Why? Do you think I should give him some campaign advice? (Laughs).

Growing up in Saco, did you ever think you would be the mayor of Biddeford?

“You know, I’m a local boy, too. I went sledding in Clifford Park and jumped into the river with the kids from Biddeford, and flew model airplanes off the runway at the Biddeford Airport.”

You say Biddeford doesn’t get enough credit.

“I think Biddeford is a great place. Some good things have happened here, but we don’t get credit for it and that bothers me.”

What do you attribute to your win?

“People have told me that they feel as if I speak with sincerity, truth . . . I articulated my message positively. You have to radiate integrity. You don’t lead soldiers into battle in a half-assed manner.”

What are your immediate goals?

“My thinking in this regard has not changed since the campaign. Our first priority must be education.

“From there, the job of the council is to wrestle with current problems, but to also lay the foundation for a better future — and that future is through education.

“I believe that this community can become a prototype for the rest of the state when it comes to Gov. Baldacci’s call for regionalized cooperation and cost sharing. A lot of people are still concerned about taxes, and I’m one of them.

“The structure of government that has served us well for the last 200 years is no longer affordable. If I had my way, I would like to see this area become a model for what the governor is proposing. It can be done without losing the identity of our city or our football team.

“Through healthy economic development, we should be able to take our proper place as the principal city of York County.”

 Is your wife going to take an active role in your administration?

“Jane has been my best friend for 62 years, and we just celebrated 53 years of marriage. It’s not clear yet what role she will play. She wasn’t too happy when I told her that I wanted to run. But she became an excellent campaigner.

“She stood with me in the cold on Election Day, and she has always been a positive factor in my life, so in that way she has already played a major role.”