Dover resident challenges Scott’s election

The ballot recounts in Portsmouth and Rochester are over, but there are still lingering questions about the City Council race in Dover.

Dover resident Bill McCann filed complaints last week with both the city of Dover and the Strafford County Superior Court officially challenging David Scott’s election to the Dover City Council. According to documents filed with the city, Scott exceeded the campaign spending limit established in a city ordinance. Scott was allowed to spend 50 cents per voter on his campaign, a total of $1,577. He filed $1,721 in expenses with the city, about $144 over the limit.

McCann, a former state representative and currently a member of Save Our Groundwater, said he filed a challenge because he feels Scott is deliberately ignoring the laws of the city.

“Mr. Scott has made a name for himself over the last few months in challenging the city on following the rule of law,” he said. “I felt what he was doing in that instance was the right thing to do. But then I found out … he was talking to people that the spending law wasn’t right, and he wasn’t going to follow it. It just struck me as hypocritical.”

McCann said the challenge isn’t politically motivated but is a matter of principle.

“If he made a mathematical error, that’s one thing, but he went over deliberately, willfully and I don’t think that’s a way for a city councilman to behave,” he said.

Scott’s attorney, Benjamin King, said the city’s law is unconstitutional, citing a 1976 U.S. Supreme Court decision. The ruling states that money is the equivalent of speech, according to King, and he said “spending caps preventing a candidate from spending as much of his own money as he wishes on a campaign constitutes an infringement of free speech rights.” Though the Dover ordinance is still on the books, King said it’s unenforcable because it’s unconstitutional.

“A city or a state cannot have a law that is inconsistent that violates federal law of the United States,” King said.

Scott could be prevented from taking office and fined $100 if he’s found in violation of the ordinance. If that happens, the city would have to hold a special election for the Ward 3 council seat.

Portsmouth commission to re-examine parking fee
Almost a year after it was raised from $500 to $1,200, the downtown parking impact fee has gone back before the Portsmouth Economic Development Commission for re-consideration. Nancy Carmer, economic development program director for the city, said the Economic Development Commission will open discussion on the plan at its meeting Thursday, Dec. 2 at 7:30 a.m. at City Hall.

The parking impact fee is a one-time fee that incoming downtown businesses must pay. If the space a business occupies changes use—for example, from an office to a coffee shop—the owner must pay a fee of $1,200 per space to the city for the projected additional parking spaces used. The fee was set at $500 when it was established in 1997, but was raised to $1,200 last year. Many downtown business owners have said the fee is a burden on small businesses and the high cost favors large chain stores who can afford to pay it. The City Council was recently presented with a petition by local residents and business owners who want the city to adopt a “Fair-Share Parking Cost System.” As part of the system, parking costs for small businesses using between one and 19 spaces would be capped at no more than $1,000. Parking costs for larger projects would be based on the total cost of the project.

Seabrook Plant given “Dirty Dozen” award
The Seabrook Nuclear Power Plant won an award it probably could have done without when the Toxics Action Center presented the plant with the annual “Dirty Dozen Award” on Tuesday, Nov. 29.
The awards, now in their ninth year, spotlight 12 of New England “most egregious polluters.” The Seabrook power plant was singled out for the ignoble award because of the low levels of radiation that the plant routinely emits.

“All of these sites pose a significant threat to public health and the environment and need immediate action by industry and/or government officials,” according to Paul Scharmski of TAC. The award was also presented by the Seacoast Anti-Pollution League, a long-time opponent of the power plant.
The Toxics Action Center is a New England-based watchdog group that helps communities fight toxic pollution.

New England’s other 11 “Dirty Dozen” include Allen’s Blueberry Freezer, Ellsworth, Maine; Charbert Mill, Alton, R.I.; Concord Regional Solid Waste Resource Recovery Cooperative, Canterbury, NH; Connecticut Resources Recovery Authority, Hartford, Conn.; Gardner Landfill, Gardner, Mass.; Gorham Textron Disposal Site, Providence, R.I.; Hardwick Landfill, Hardwick, Mass.; Pierce Island Sewage Treatment Plant, Portsmouth, NH; Sappi Fine Paper, Westbrook, Maine; Unifirst Corporation, Williamstown, Vt., and Wheelabrator Technologies, Concord, NH.