The third annual meeting of the Branch Pond Association was held on Saturday, July 27. Much of this newsletter is devoted to relaying the results of that meeting to members who did not attend, as well as informing all members o-f the work that has been done since the meeting. The July 27 agenda included the following issues:

1. Discussion of the septic sludge dump proposed -for an area that drains into Branch Pond, with a report -from a DEP representative, John James.

2. Summary of the status of the Public Easement Roads, with a report from the BPA’s attorney, Joel Dearborn.

3. Consideration of the BPA representing the Cove Road.

4. Election of officers and setting of 1985-1986 dues.

5. Registration for the 1985 Sailing Regatta.

John James, from the Department of Environmental Protection's Bureau of Land Management, provided information on the 11-acre septic disposal site that has been approved by the Ellsworth City Council for an area close to Branch Pond. He confirmed that the site is located within 300 feet of a stream that runs into the Pond, as well as within 300 feet of a swamp that also drains into the lake. The site is targeted to hold 62,500 gallons of untreated sludge, pumped directly from residential and commercial septic tanks throughout Hancock and surrounding counties. The site will exist as grassland area, separated by wooded buffer strips. No ditching is proposed and the septic sludge will be pumped out on the grassland to decay in the sun. Several wells are proposed for monitoring, although neither the City nor the DEP will actually take samples. Instead, the drawing of samples will be the responsibility of the operator.

There was a lively question-and-answer session, with Mr. James indicating that he will recommend approval of the site as described above. Mr. James remained adamant that, as long as the sludge consists primarily of human waste, it should not pose a major threat to the surrounding area or Branch Pond. Questions raised by the audience included the following. What if something other than septage (e.g., toxic waste) is dumped on the site? What will happen if the heavy rains carry the sludge into the adjacent stream? Why does the DEP plan to do no monitoring of the site? Why isn't an independent third party given responsibility for monitoring? To what degree does the developer of such a site have to show financial and managerial responsibility for its operation?

Following the question-and-answer session, the membership voted (54 for, 0 against, 2 abstentions) that the BPA take the following measures. First, the Executive Board should seek legal council, and whatever other professional advice is necessary, to stop development of the septic dump. Second, the BPA should increase its current water-monitoring program so that actual samples of water are tested for potential contaminants resulting from this site.

On July 29, the Executive Board met with Joel Dearborn, the BPA attorney, to seek advice on how to stop further development of the septic dump. The following strategy was agreed upon. First, a letter was sent to the developers of the site expressing concern and requesting them to withdraw their application. As of August 14, no response to this letter has been received. Second, Shawn Small, an environmental engineer from Civil Engineering Services in Brewer, was hired to review all information on the septic site available in the DEP file. The results of Mr. Small’s review have now been sent to the DEP. As is apparent in the letter, Mr. Small feels that the site is a definite threat to the lake. Third, the BPA has formally requested that we be allowed to speak before the final review board in Augusta that will authorize licensing of the site. Fourth, the concerns of the Branch Pond Association and the results of Mr. Small's review have been shared with the Ellsworth City Council. Based on changes in the application from that approved last December, the Council has agreed to re-open discussion of the site at their August 19 meeting. Mr. Small will represent us at that meeting. Fifth, a site visit has been set up for 3:00 p.m. on August 20. Next, the Department of Inland Fisheries has been contacted about the possible alteration of a stream that must be crossed or rerouted in order to gain access to the site. Inland Fisheries has agreed to write a letter of concern on our behalf to the DEP. Finally, we are asking the BPA attorney to write a letter of concern to the DEP on our behalf.

In two recent trips to Augusta, we were surprised to learn that the septic dump described above is not the only waste disposal site to be located in proximity to Branch Pond. Between 1982 and 1983, three additional sludge disposal sites were approved for the Branch Pond area. One of these sites is located within 350 feet of the shore and all are slated to hold sludge that comes from the City's sewage treatment plant. These are to be distinguished from the septic site currently under review in that the sludge will be treated by the City prior to dumping. These sites have only been dumped on once because the City's sludge is exceptionally high in lead, cadmium, and copper, even after treatment. Thus, the City has been stopped from using the sites until the heavy metals in their sludge can be reduced to the maximum level allowable by the DEP. Two of these sites are located off the wall's Farm Road and the other is located on the north side of the Branch Pond Road.

If you are concerned about the area around Branch Pond becoming a dumping ground for these types of waste, we strongly urge you to attend the City Council meeting at 7:00 on Monday, August 19. Lee McCormick, a City Councilman, will be asking the entire Council to reconsider the application -for the septic disposal site. Mr. McCormick has indicated that, in past considerations of this issue, the public has not seemed highly concerned. Your attendance at this meeting might help to counter this impression. Promptly renewing your membership in the BPA would also be of great help, since consultation with our attorney and Civil Engineering Services is expensive.

Joel Dearborn, the BPA attorney, provided information on the public easement proposal that the City Council approved last summer as a potential solution to our road problems. Joel indicated that, in order to guarantee future maintenance levels of such roads, it will be necessary to effect a change in state statutes so that the City can enter into a legal contract with an organization of landowners, such as the BPA. Unfortunately, the bill we submitted to the state legislature was opposed by the Maine Municipal Association, which has a full time lobbyist in Augusta. Thus, the bill never was passed on -from committee for formal consideration by the legislature.

A question-and-answer session ensued in which Mr. Dearborn indicated that (a) without a legal contract, we would lose control of the roads and have no assurance that a future City Manager could not cut off service without a public hearing; (b) the Pushaw Pond Association gave up their rights to have their roads considered as Public ways without such assurance; (c) the establishment of Public Ways through prescriptive use is clearest when a municipality has maintained service for 20 years or more; (d) at this time, submitting our bill to the legislature for reconsideration (with increased lobbying from other lake associations) seems the most reasonable action; and (e) without continued pressure from the Branch Pond Association, the City is likely to cut off all road services for private ways.

Based on the above discussion, the members attending the annual meeting voted to submit a slightly revised version of last year's bill (see winter 1985 Newsletter) to the Maine State Legislature for reconsideration. The members also voted to establish a full membership in Maine's Congress of Lake Associations (COLA), if they are willing to co-sponsor our bill in Augusta. As an initiation fee, COLA assesses $2.00 for each individual member of a lake association.

On August 8, a member of the BPA Executive Board met with Tom Gordon, who is president of COLA. We shared background information on our road histories with him, as well as information about the Public Easement concept and the bill we plan to resubmit to Augusta. I am pleased to report that COLA has agreed to co-sponsor our bill. Mr. Gordon indicated that other lake associations have experienced similar problems with their municipalities and that the Public Easement proposal might provide a solution to their situations as well. COLA is currently composed of 51 lake associations and will share its mailing file with the BPA. Tom Gordon has also consented to do a feature article about our proposal in this falls COLA Newsletter. We plan to start contacting members of the legislative committee who will review our bill. We also hope to set up a discussion between the Maine Municipal Association and a representative from the City Council concerning the importance of this bill in solving a long-standing problem in Ellsworth.

Don Hayes reported that, as of July 1985, more than 50% of the property owners on Fire Road 12-A had joined the BPA. Thus, he recommended that the Association represent these residents in future road negotiations with the City. This recommendation was unanimously approved by the membership. A representative from Fire Road 12-A is now needed to serve on the BPA Road Committee. Volunteers should contact Don Hayes (667-4716).

Ellsworth Bourque reported that the first BPA regatta will be held on August 17 and 18. The race is open to sailors of all ages and all levels of experience. Any type of sailboat can be entered. Saturday will be devoted to establishing a handicap for all entrants and the race will commence at 1:00 p.m. on Sunday (weather permitting). A triangular course running from Sand Beach to Jones Point to Battleship Island and back to Sand Beach will be marked by buoys. Cleo and Dick Olson (Whitcomb Road) kindly volunteered their pontoon boat as the "official's barge" and the Mastrorio family will be manning a safety boat. Cocktails and an awards ceremony will be held immediately after the race for all participants (both sailors and volunteers) at the Hayes’ cottage. Registration forms can be obtained from Ellsworth Bourque (667-2670). At this date, nine boats are entered.

Support for the BPA remains strong, since 117 families renewed their membership during 1984-1985. Total revenue for the year was $1170. Major expenditures included legal representation ($1053.90), the purchase of a file maintenance system ($75), and the production of three newsletters. As of July 27, 1985, the Association’s savings account balance was $901.52. Don Hayes also announced the resignation of Lee Lowell as BPA Treasurer. Lee resigned his office due to ill health. Jane Phillips, who was elected as BPA Secretary, did not renew her membership during 1985.

The following individuals were elected as BPA officers for 1985-1986. President: Don Hayes; Vice President: Gordon Dunn; Co-secretaries: Mary Ann and Ralph Mastrorio; Treasurer: Anne Hayes.