The Ellsworth City Council, on Monday, September 19, 1994, passed an ordinance providing for city maintenance of certain "public easements" in the city of Ellsworth.

The wording of the ordinance had been modified over the course of two month's worth of discussion and negotiation between members of the city council and representatives from the Branch Pond Association. These negotiations were spearheaded by retiring president Cal Anderson and new president Bob Murray.

We are grateful to City Councilors Gary Fortier, Loren Clarke and Deale Salisbury for their time and effort in negotiating and presenting the ordinance. A copy of the ordinance is included elsewhere in this newsletter.

As a result of the passage of the ordinance, many of the roads around the lake have established road associations and moved to incorporate them as non-profit corporations.

The Branch Pond Association has been funding the legal expenses for these undertakings. An arrangement was made with the Gilbert Law Offices, 82 Columbia St., Bangor to handle the legal procedures to establish the various road associations.

This year's annual meeting was held on Friday evening, July 15, 1994 at, 7:30 at Ellsworth City Hall.

Cal Andersen presided. As usual, after the regular reports the main focus was on road maintenance. Cal reported on a frustrating series of meetings with City Manager Tim King that led to an ordinance proposal that was unacceptable to road owners. Efforts to communicate directly with the city council had been in vain. The association voted to pursue whatever legal means were necessary to move closer to an acceptable resolution of this never-ending problem. This would include a suit as an ultimate recourse.

The restrictive road ordinance was due for a vote at the council meeting on Monday, July 18th and all lake landowners were urged to attend. Cal was to report our opposition at that meeting and request direct negotiation with the city council rather than with the city manager.

The evening schedule appeared to be a success as a large crowd attended.

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Beth Smart, BPA vice president, organized a very successful set of LAKE WEEK activities. This was a major effort that was fun for participants and viewers alike.

Sunday the 17th found a larger than usual turnout for a Lake Week Sail Boat Race. After the race, racers and spectators were welcomed at the summer home of Barbara and Marty Wolfe.

Our five to twelve year olds took part in a Drawing Contest with the theme - WHAT I LIKE TO DO AT BRANCH POND. Judges found many imaginative entries.

A Photo Exhibit was on display all week at Hanson's Landing thanks to Bill Tuite. There were many scenes of by-gone days included.

On Thursday, Jeff Lewis, our local warden, discussed boat safety.

Saturday was a big day, starting with water skiing with Frank and Matt Smart; a family picnic and award ceremony at Sand Beach; and a GIANT BOAT PARADE at 6:30 which even included a Branch Pond "fire boat" complete with water spray courtesy of Bob Murray.

Roads around the lake also used the week for roadside cleanup.

Beth Smart pulled this all together and we are all grateful for her efforts.

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The times are a changin' . . . pressures on our lake . . . lack of concern by some ... indifference by others ... What does the future hold??? The simple answer is ours to choose.

For those of you who are newcomers to the lake, since the 1950's, it used to be a rare sight, looking across the lake to see a tiny triangle of white slide across the lake and then disappear like a tin duck at a shooting gallery. Now, under the guidance of Commodore Paul Wight and his crews, we enjoy the sight of swift sails on a regular basis and with the "modern" invention of binoculars (We didn't have a pair when I was a youngster.), we can even watch them return home and not disappear into the great crevasse of the Branch Pond Triangle..

The fine art of fishing has also changed. I can remember our first boat - a 14 foot Old Town row boat with an impressive 2 1/2 horsepower Johnson. If you caught a fish and pulled it thru the wake of the boat, it was inedible from the oil slick. Today's design of efficient motors, synthetic oils and inboards have eliminated the oil and lead pollution to the lake. Times are a changin' ... For the better? I hope so, but the increased use, improper road maintenance and development around the lake has caused other pressures, which are now cause for concern.

This past summer, Beth Smart started a tradition of Lake Week activities, which I hope will carry on and expand for the enjoyment of all. The parade, the art judging for the youngsters and the water skiing demonstration are just the beginning of what might be a new activity for the entire lake to participate and enjoy.

Now, for the other side of the association. A few years back, the City of Ellsworth wanted to place their septic sludge waste in close proximity to the lake. This was to be the first victory for the BPA. The lake won a reprieve.

Sand Beach ... Remember when the young campers from YMCA Camp Jordan used to police the litter from the sands and access was by boat only? Is the lake to face a 250 car parking lot, endless use of a small swim area that roust be shared by people and pets, all crowded in an area nature designed only for a few? This issue roust be addressed for the protection of the water quality of the lake.

The dam ... a simple structure that is a vital key to the quality of the water. About twenty years ago, the water level was drawn down during July and August. Ear infections were rampant around the lake. Water quality and water level go hand in hand. I feel strong input must come from the BPA to make sure the levels are kept constant during the summer months to help prevent bacteria from rising to an unhealthy level.

The City of Ellsworth and the Town of Orland have been put on notice that they must start bringing their roads into compliance and stop the pollution of road wash directly into the lake. This will require constant monitoring and pressure upon the city and town officials to act. This is a maintenance situation that eats into their road budget with no direct and immediate benefit to them.

Unregulated illegal exploitation of the shoreline and surrounding areas are now watched very closely, not only by individuals, but also by the association. We are now attempting to intervene and bring into the open a settlement proposal on a large tract near the narrows that may not meet the current criteria of the city standards of development. The city manager and city attorney are pushing for the proposed secretive settlement that may bypass the planning board and not allow the scrutiny and public input of board hearings.

We are a small community within the grasp of a large city that has, in the past, shown its inability and indifference to protect, not only their water supply, but our treasure, the lake. It has a heart (the water) and soul (you) and like any one of us, it can die a premature death, if allowed to happen.

The BPA has taken a strong stand to protect our lake and can only do so with the support of all. Take a minute to reminisce in the beauty and history of the past. Then give the same legacy to our future generations. The cost per smile is very inexpensive.

Sincerely,
Robert Murray, President.

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(As Revised August 29, 1994)

AN ORDINANCE PROVIDING FOR THE CITY MAINTENANCE OF CERTAIN PUBLIC EASEMENTS IN THE CITY OF ELLSWORTH

SECTION 1. The Ellsworth Code of Ordinances is hereby amended by adding the following; CHAPTER 43 MAINTENANCE OF CERTAIN PUBLIC EASEMENTS

2. All City maintenance will cease on those roads for which a deeded public easement is not given to the City within one year of the date of the adoption of this ordinance. Should a deeded public easement be provided within five (5) years of the date of the adoption of this ordinance, the City Council will reinstate city road maintenance services.

3. For those roads for which a deeded public easement is provided, the City shall continue to provide the following maintenance:

Summer: Provide labor and equipment for grading and ditching to allow for positive drainage.

Winter: Plow snow. Sanding may be provided on request of the road owners association representative at a cost to be set annually by the City Council.

4. The road owners association for each road for which a deeded public easement is provided is to maintain the road with gravel, culverts, and brush cutting.

5. In the event that abutting owners grant a deeded public easement allowing public access to land or waters in conjunction with, and located at or near the far end of any public easement granted in accordance with section 1 above, the City shall also provide, at the City's expense, gravel for maintenance purposes, replacement culverts, and brush cutting within the public easement.

6. No later than April 1 of each year, the City shall be notified in writing of the person responsible for road maintenance of each public easement for which limited road maintenance has been approved pursuant to this ordinance. It shall be the responsibility of this person to serve as liaison with the City. The "person responsible for road maintenance" shall be the clerk or other designee of a road owner's association duly formed pursuant to Title 23 MRSA Sections 3101-3104.

7. The City Road Commissioner and road owners association representatives shall annually inspect each road for which the City provides maintenance. The Road Commissioner shall send a report by June 1 to the clerk or designee of the respective road owners association, detailing any deficiencies in the road that need correction. City road maintenance shall be discontinued for all roads on which the identified deficiencies have not been corrected by September 1st of that year. Maintenance will be reinstated upon correction of the deficiencies to the satisfaction of the Road Commissioner. A written appeal to the City Council of a Road Commissioner's decision under Section 7 of this ordinance may be made by the road owners association representative within thirty (30) calendar days of that decision.

8. Acceptance of public easements and providing limited maintenance pursuant to this ordinance shall not constitute acceptance of any road as a public way or City street. The provisions of this ordinance shall not modify any City road or street ordinance.

SECTION 2. This ordinance shall be effective on the date of passage.

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Commodore Paul Wight presided over another happy sailing season.

Races began on the FOURTH OF JULY and followed on each Sunday until August 14th, when the last race was cancelled due to weather.

Winners this year were Ron Fitzpatrick in the multi-hull class and Van Terrell in the mono-hull class.

Get-togethers were held at Commodore Wight's, Barbara and Marty Wolfe's, Gibby and Vince Griffin's, and the award ceremony at Susan and Van Terrell’s. Our thanks to all of our hosts and hostesses, to Gibby Griffin for her planning and money handling and to Paul Wight for making it all happen.

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The board met five times during the season. Its main focus was dealing with the road ordinance and the creation of road associations.

Other concerns included water quality in the lake, winter us of the lake roads by ice fishermen, ownership of the dam at the foot of the lake and a continuation of the summer programs for sociability among lake dwellers.

Saturday, July 16th was our day to count.

Gloria DeAngelis had counters on duty from 7:00 to 7:30 AM and final results gave us 12 adults and 2 chicks.

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Early fall found an application for a bridge to 28 Acre Island sitting on the desk of Code Enforcement Officer John Dunn. It was filed by the former attorney for Steven LaFreniere. The attorney had received a deed to half of the island from LaFreniere for services rendered.

The planning board held a hearing the first week in October and granted the permit. The state DEP has not yet acted on the request.

Our woods are full of a number of creatures.

Game Warden Jeff Lewis reported about 5 moose in the area. Brett Johnston saw one swim out to his boat mooring and then paddle over to Camp Jordan.

Loretta and Armour Brown found a cow moose standing near their front door. She stayed around for several pictures.

Jeanne and Roy Sweeney sighted a bull moose near their farm pond. The color of the moose blended with the trees and underbrush, but the alarm of the dogs brought it into view.

There were bear sightings in the blueberry fields, but no Blueberries for Sal episodes.

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1984 GLASTRON 19' bowrider with 1987 150 hp motor. Low hours, full canvas and trailer. $6995. Call Nick Collins, 207-989-5078.

Many of you have already sent in your membership dues for 1994-95. We thank all of you who have, but for those of you who have not -- PLEASE send them along. Our effectiveness as a group is increased as our numbers increase.