Based on a recommendation from the BPA membership, a Road Committee was established last summer. Members include Leland Lowell (Whitcomb Road), Ellsworth Bourque (Walls Farm Road), Samuel Fuller (Sargent Drive), and Don Hayes (Phillips Beach Road). As elected BPA officers, Gordon Dunn and Jane Phillips have also served on the committee. The first organizational meeting was held on August 4, 1983, at which it was decided that the committee's goals would be to (a) study our private roads and ascertain what repairs are needed on each; (b) inform the City Council of the need to bring the roads up to a higher standard; and (c) convince the City to maintain them at that level on a seasonal basis. It was also decided that such repair and maintenance would include not only seasonal grading, but ditching, gravel, and culvert restoration.

In an attempt to meet these goals, the Road Committee has held approximately 20 meetings since August. During September, individuals from Fire Roads 11-a, 11-d, 11-c/e, l4-c, l4-d, 15-a, and 15-b submitted reports to the committee on the special needs of their roads. These reports, along with additional information on each road's history and population density, were summarized for presentation to the City Council. On October 3, Councilors William Worcester and Richard Anderson, as well as City Manager C.B. Osgood, were appointed as Ad hoc representatives to meet with the BPA Road Committee.

From November 1983 through April 1984, six meetings were held with the City representatives. During this period, the problem with maintenance was outlined, the road summary was presented, and the following proposals were offered by the BPA Committee as possible solutions.

Over the course of the winter, Joel Dearborn was retained by the BPA Road Committee and President to provide legal advice. Mr. Dearborn is the City Attorney for Brewer. Although he was not directly involved in any of the meetings described above, he has clarified a number of legal points for us.

Thus, as of June 1984, the City's policy for maintenance of Private Ways is as follows: (a) men and equipment will be provided for grading of those roads previously accepted for Seasonal Maintenance, (b) Seasonal Maintenance does not include the provision of gravel or culverts, and (c) the provision of men and equipment will continue to be reviewed and approved by the Council on a yearly basis. The City has sent the BPA a $3800 bill for materials provided in last year's road repair. The bill was sent even though the Association made it clear to the Council in May 1983 and to the City Manager in August 1983 that it was not willing to pay for road materials. The bill also included the cost of materials provided on roads the Association does not claim to represent.

Although the above report is certainly discouraging, the situation may not be as bleak as it seems. At the April 1984 meeting of the Ad hoc committee, the City Attorney offered a possible solution that is modeled on the outcome of the recent Glenburn vs. Pushaw Pond Case. Basically, the proposal is one in which each of the seven fire roads would become part of the town network, as "public easements." As such, the City would not be in violation of State Statutes by providing both materials and equipment for maintenance and repair. If approved by the Council, the City would need to work out a plan for each road specifying the nature of services to be provided. Likewise, each individual owning property abutting the fire road would need to assign his or her interest in the road to the City.

Originally, this proposal was to be presented to the full Council for their initial reaction in May. For reasons that are not entirely clear, the proposal was not placed on the agenda for the May meeting. Since that time, members of the Road Committee have talked repeatedly with the City Manager and the two Ad hoc members from the Council. We have formally requested that the Public Easement Proposal be considered on July 15 at the next regular meeting of the Ellsworth City Council. Hopefully, we will have a better feel for the Council's attitude about this proposal prior to our own July 21 meeting.

As is apparent in the information above, the major issue confronting the Association this year has been that of read maintenance. A number of people have worked hard in attempting to resolve this problem for you and they deserve your thanks. Unfortunately, although we have tried repeatedly to evoke a solution, the problem of the City providing materials to private ways remains central. In my judgment, however, one of the most promising developments has been the recent Public Easement Proposal set forth by the City Attorney. It is possible that, as a consequence of a clear sign from the City Council at our June meetings, this proposal might form the basis of a satisfactory settlement for all concerned. If so, continued negotiations with the City may be profitable throughout the rest of the summer and fall. If, however, the Council does not show a willingness to seriously pursue the Public Easement solution, then two courses of action seem possible to me. One would be for all of us to simply bite the bullet and start paying for road materials on a road-by-road basis. This alternative also entails a yearly petition of the City Council to continue the use of men and equipment for seasonal grading. The second alternative would be for the Association to take the problem to a higher forum with a suit against the City. The BPA attorney has estimated that a court case would probably cost about $7500. Hence, before such an alternative could be initiated, it would be necessary for the l46 families who constitute the BPA to raise this amount. We are at a point where we need additional information from our membership. Please make every effort to attend the July 21 meeting at which the road problem will be discussed at length.

The second official meeting of the Branch Pond Association will be Saturday, July 21, 1984, from 10:00 to 12:00 a.m. This time the meeting will be held in the Congregational Church, located behind Dick's Corner Store in Ellsworth Falls. If you cannot attend, please send written comments on any issues of interest to Gordon Dunn, BPA President, 239 Washington Street, Brewer, Maine 04412.

As you know, a count of loons residing on Maine lakes was conducted last summer, with a number of Branch Pond residents participating. Over 700 people throughout the State surveyed 374 lakes. I am happy to report that more loons were observed on our lake than on any other in the Ellsworth region. The count was conducted twice on July 23, with the following sightings recorded.

Based, on this information, the Audubon Society has concluded, "that Maine has a large number of loons. However, we don't know if the population is increasing, decreasing, or remaining stable. In order to learn this information, we must continue the loon count for many years." To meet this end, the count will be conducted once again this summer. Individuals from Branch Pond who are interested in participating should contact Gloria DeAngelis (Branchview Drive, 825-3467). The count will be held on July 21 and, with sufficient volunteers, on two other weekends in July or August.

Since publishing phosphate levels for various detergents in last year's newsletter, several people have asked whether foam on the lakeshore necessarily indicates pollution from laundry detergent. I have checked with the DEP and the answer appears to be "not always." They indicate that much foam is a product of nature. Foam is created when the surface tension of water is reduced and air is mixed in, causing bubbles. Certain organic compounds (e.g., algae) can have the same effect as soap in reducing surface tension. Wind and current then mix air with these compounds to produce foam. The largest quantities of natural foam are usually found on the windward shore. Natural foam can be distinguished from detergent foam by its fishy or earthy aroma. Detergent foam will have a perfume smell, characteristic of those additives that give your wash that "lemon fresh" or "rose garden" odor.

For the past ten years, the Department of Environmental Protection has maintained a water quality-monitoring program for Maine lakes. The program is staffed by volunteers who, between May and September, take samples and record water clarity in over 200 lakes. Twice each month a volunteer goes to a predetermined part of the lake and lowers a Secchi Disc (provided by the DEP) for both types of measurement. Readings are then sent to the Division of Lakes and Biological Studies for analysis. Subsequently, a year-end report is issued by the DEP for each lake.

Consistent data for Branch Pond were collected only between 1974 and 1976, with sporadic readings taken in the summers of 1980 and 1981. I have a copy of the last report issued for our lake, which concludes that (as of 1976) Branch Pond had "excellent water quality, well suited to the management of a cold water game fishery. Its TP (phosphorus) and Chla (green algae) levels are low."

Since little or no monitoring has been conducted in the past four years, it is unclear whether the above conclusions remain valid. The DEP is extremely interested in reactivating their program on Branch Pond. They will provide the materials necessary to conduct the tests, as well as train individuals in their use. If you are interested in volunteering for this project, please contact Don Hayes (Phillips Beach Road, 667-4716).

Once again, a number of residents have provided services for the BPA and deserve thanks. First, members of the Road Committee spent many hours in meetings or driving back and forth to Ellsworth. Others who have provided information on road conditions or histories include Kathy Wilson, Phyllis Leeman, and. Oren Anderson (Branchview Drive), Harold Crichton (Walls Farm Road), Ken Mason and Dick Mitchell (Fire Road 11-c/e), John Phillips (Phillips Beach Road), and Roy Sweeney (Whitcomb Road). Thanks also go to Gloria DeAngelis (Branchview Drive) for organizing the Branch Pond loon counts.

In completing last year's questionnaire, a number of members indicated that fishing has deteriorated greatly. In response to this concern, the Machias office of the Department of Inland Fisheries was contacted for information about fish populations in Branch Pond. We learned that the last study of the lake was conducted in 1975-1976. At that time, a creel census of both ice and open-water fishermen was taken. The study included assessment of how many people were fishing, how long they fished, and the nature of their catches. Based on these data, the Fish and Wildlife Department concluded that Branch Lake is one of the "premier" fishing spots in eastern Maine, with stable populations of brown trout and togue. Except for the present year, salmon have been stocked each May in the lake with the following frequencies: 1979-3000, 1980-2025, 1981-2400, 1982-1350, and 1983-1350. To reduce predation by larger fish residing near the shoreline, stocking is traditionally done near the Cow-and-Calf. The stocked salmon range from six to nine inches and are much healthier than those placed in the lake during the early seventies.

In response to our concern about degeneration in fishing, the Department indicated that informal reports of several large salmon caught just after ice-out this year had reassured them that salmon fishing remains strong. Several people, however, had informed the Department that the togue caught during ice fishing looked "thin." Although these individuals are apparently not lake residents, they had fished Branch Pond in past years. Based on these reports, the Department decided not to stock our lake with salmon this year, since salmon compete with togue for the smelt population. Stocking will occur again next year.

The Department is interested in having more information about the fish caught in Branch Lake and they would consider conducting a more intense study of the Pond, if they had reason to believe that the annual catch was changing drastically. If a trend toward degeneration was clear, then possible remediation could be either closing the lake for longer periods of time or increased stocking. If you would like the Department of Inland Fisheries to examine our current fish populations, then write how you think fishing has changed in the lake over the past 5-10 years. Be specific in indicating what you were catching before that you are not catching now and why you think this might be. Also, indicate any aspect of fishing that might have improved over this time period. With enough input, the Department would most likely conduct a trap-net study, in which fish samples would be netted and examined for age, growth for that age, and species. Ken Mason (Fire Road 11-c/e) has volunteered to summarize your observations and send them on to the Department of Fisheries. Please mail your comments to Ken Mason, 53 Cumberland Street, Bangor, Maine 04401.

On the whole, recruitment of members has been very successful, with two-thirds or more of the property owners on private ways electing to join the Association. The one exception to this trend is Fire Road #12 (the Cove Road), where only 12 out of approximately 55 property owners have joined. Because the Association is not even close to having a majority on this road, the Road Committee has not been able to include the Cove Road in any of its negotiations with the City.

Ellsworth and Doris Bourque (Walls Farm Road) very generously consented to writing a set of by-laws for the Association, since we have operated for two years without formal rules for governing our organization. The result of their efforts is outlined below. Please review them carefully and they will be considered for adoption at the July 21 meeting.

PROPOSED BY-LAWS: BRANCH POND ASSOCIATION

1. Name: Branch Pond Association

2. Object: To serve as the medium through which members can combine their efforts in maintaining and improving the natural beauty and service facilities of Branch Lake and its shore land areas.

3. Members: Family members of property owners of land located on the roads which give access to Branch Lake. Eligibility for membership is contingent upon payment of annual dues by each individual family.

4. Officers:

   1. President: Elected each year at the annual meeting for a term of one year. Duties include: Assuming responsibility for maintaining the direction and cohesiveness of the association through leadership. He/she serves as its official spokesperson when communicating with the media, political bodies, or the public. The president directs those organizational operations, which promulgate these by-laws, the conduct of the annual meeting, and the work of any special or standing committees.

   2. Vice President: Assumes full responsibility for performance of duties of the President when formally requested to do so by that officer. Members are to be informed of such delegation of responsibility by personal communication from the Secretary before the beginning date of the action. The Vice President serves as an active member of the Association's Executive Committee.

   3. Secretary: Maintains an accurate, up to date record of all official association activities including the annual or special meetings of the membership, correspondence to or from other organizations or bodies, and reports of committees engaged in special tasks. Prepares and disseminates all notices of meetings. Seeks to strengthen the Association by serving as an information source about association matters. Performs specific tasks as requested by the President and Executive Committee. Serves on the Executive Committee.

   4. Treasurer: Assumes responsibility for the receipt, proper control, and disbursement of Association funds. Submits a detailed report of all income, expenditures, assets and liabilities at each annual meeting. Maintains an up to date set of financial records in standard form as the basis for reports, financial audit and data needed in managing the Association's affairs. Authority for disbursement of all funds is provided by the Executive Committee through a voucher system. Authority for entering contracts involving use of Association funds derives from motions passed by the Executive Committee at official meetings and recorded in the minutes.

5. Executive Committee: The President, Vice President, Secretary and Treasurer, along with the Chairpersons of any standing committees appointed by the President, constitute the Association's Executive Committee. It serves as a planning, advising, evaluating and task performance unit functioning as a supporting and facilitory body. Its meetings are both informal and structured, with the latter being recorded by the Secretary as a data base for subsequent activities. A major responsibility is planning and conducting the annual meeting and the production of the newsletter.

6. Meetings: There is an annual meeting of the Association held during the months of July or August or at a time and place selected by the President. He may call special meetings with notice to members. Each member receives a notice of the annual meeting at least one month in advance, with a statement of the agenda. The President chairs the annual meeting. Conduct of the meeting is governed by the provisions of Robert's Rules of Order. Where conflict arises on questions of procedure, the President has recourse to the Executive Committee for assistance in decision-making. A quorum will consist of 20% of the number of members as of when the meeting is opened. The normal order of business will include (a) Call to order and statement of eligibility of membership (b) Reading and approval of the minutes of the previous annual meeting and any relevant special meetings (c) Treasurers report, including report of any authorized audits (d) Election of Officers by nomination and floor vote (e) Reports from the Executive Committee and any standing committees (f) Unfinished business and (g) New business.

7. Newsletter: The Newsletter Committee, appointed by the President with advice from the Executive Committee, will publish and distribute a newsletter to each member. The chairperson of the committee is its editor. Cost of publication and distribution is an item to be planned and announced by the Treasurer at the annual meeting. As the Association's official organ, it is assigned high priority among annual operating expenses. Whenever possible, contributions of items for publication from members will be used as a matter of policy. Minimally, the newsletter is published once each year and distributed to all members at least one month prior to the annual meeting.

8. Amendments: These by-laws may be amended by motion passed at any annual meeting. A simple majority vote of those members eligible and present is required to amend. Any amendment, before being accepted for action at an annual meeting, will have been brought to the attention of each member in writing at least one month before the meeting. Motion to amend these by-laws without prior notice will be preceded by a motion, passed by a 2/3 majority of all eligible members present, calling for a suspension of the standing rule requiring a months notice.