The recruitment drive for members of the Branch Pond Association (BPA) was completed in February. I am happy to report that 138 families who own property on the lake have joined. Those roads on which three-quarters (or more) of the property owners joined include Branchview Drive, the Walls Farm Road, Sargent Drive, the Whitcomb Road, Fire Road 11-C, and the Phillips Beach Road. Fourteen families on the Cove Road also requested membership. Hence, a majority of owners on all but two of the roads, which access upper Branch Pond, elected membership in the Association. In talking with representatives from Maine's Congress of Lake-owner Associations (COLA), I learned that our Association is one of the largest of its type in the State.

A total of $1380 has been collected through membership fees. As of July 5, 1983, the Branch Pond account at Bangor Savings had $1343.40 on deposit. Expenditures through this date have totaled $53.67, most of which comprised mailing expenses and duplicating costs for our survey and membership drive. Bangor Savings has paid $22.07 in interest on our savings.

Although we are recognized by the IRS as a Homeowners Association, a tax return is required. Because the revenue we generated from nondues did not exceed the minimum specified for taxation, we were not required to pay taxes. Nevertheless, the usual tax form was filed.

As you know, a survey was sent out last winter to determine which issues were of most concern to BPA members. A total of 88 families returned the survey, which was tallied in late spring. The rating of issues from most to least concern was as follows:

(1) Improving summer road maintenance.

(2) Monitoring and making recommendations about future development of the lake.

(3) Monitoring and preserving water quality,

(4) Procuring increased police patrols.

(5) Improving winter road maintenance.

The survey also included an open-ended question inviting members to suggest other issues that the Association might address. Response to this item ranged widely, but some of the more frequent suggestions included: (a) improving fishing through additional stocking or tighter winter regulation; (b) limiting boat speed or motor size so as to reduce noise; (c) limiting access to Sand Beach; (d) procuring increased fire protection; (e) organizing work parties to trim tree growth along the fire roads, (f) procuring summer garbage pick up; and (g) organizing a summer picnic.

If you are interested, in organizing a group to -work on any of the above issues, please contact me (Don Hayes, RFD #5, Box 346E, Ellsworth; 667-4716). Perhaps some of these concerns can be discussed more fully at our first membership meeting on July 30.

It rained this spring. Very hard. As a consequence, many of the fire roads, which service the Pond, were severely damaged, with washouts as deep as six or seven feet. Although the City has done extensive work on several roads, their repair has once again brought the issue of road maintenance to the forefront. In April and May, a number of Association members talked with the Ellsworth City Manager and the City Council, in an attempt to clarify what the current policy is for seasonal road maintenance and to reaffirm our need for adequate service of this type.

Let me try to explain the City's current policy, as best I understand it. Fire Roads 11-A, 11-D, 12, l4-C, l4-D, 15-A, and 15-B all remain as Private Ways, but each has been accepted for Limited Summer Maintenance. I have a summary of minutes from past City Council meetings, with the dates on which each of these roads was accepted (they range from 1957 through 1970). The provisions for acceptance generally were along these lines:

"Edgar Phillips road accepted (11/20/68) from lot 25 to 34 for limited summer maintenance. Resolved: That the City will provide limited summer maintenance in the form of gravel, grading, ditching and calcium whenever necessary, based on the City's ability to do so."

Reading the above resolution might lead one to conclude that the case is clear and that the City has the responsibility to maintain the roads they have accepted.

The problem has arisen out of a judgment made by the City's attorney. His opinion is that the City is in violation of Maine's Local Highway Law (Title 23, Subchapter II, #3105) by providing materials such as gravel or culverts for the repair of Private Ways. I have found this statute and it reads as follows:

"Use of town equipment. The inhabitants of any town or village corporation at a legal town or village corporation meeting may authorize the selectman of the town or assessors of the village to use its highway equipment on private ways within such town or village, whenever such selectmen or assessors deem it advisable in the best interest of the town or village corporation for fire and police protection (#3105)."

The City's attorney read the above statute at a recent Council meeting in support of his judgment. When questioned by Association members that this statute says nothing about the provision of materials, he stated that, based on "general legal principle," because the statute does not say that it is legal for the City to provide materials, one must assume that it is not. The City Attorney did reaffirm, however, that both men and equipment can be used legally to maintain Private Ways.

Given that many of the roads were still impassable, the City Council went on to work out a solution to the problem. Their decision was to (a) provide men and equipment to repair the roads, (b) provide tailings (cantaloupe size rock) at no cost for the base of any major fills, and (c) sell culverts and top gravel at cost to property owners on private ways.

The Association was then asked if the above commitment was satisfactory. I said that, before answering, we needed to receive input from our members. I also suggested that, since each speaker is given only three minutes to address the Council, that a road committee be designated so that we all could discuss the problem more fully and work out a long-term solution. In subsequent discussions, Lee McCormick (the Council's Chairman) has indicated that he would be willing to authorize and serve on such a committee, if the BPA wishes one to be formed.

We are now at a. point where we need input, from you on this matter. McCormick has said that he intends to have the new City manager work on this problem, once he or she is appointed. Since this issue will be on our own agenda for the July 30 meeting, please try to attend. If you cannot make the meeting, please take the time to write me a note outlining your viewpoint (RFD #5, Box 346E, Ellsworth). Basically, what it comes down to is whether we should try to make the City honor its original commitments to provide gravel and culverts or whether we should accept their offer to buy them ourselves at cost. Also, if there is a lawyer among us, I would appreciate his or her opinion on whether "general legal principles" dictate that, if the word ''materials" is left out of the State's Statute, then that means the City is in violation of the law by providing them.

The 800 acres of land on lower lake is still being promoted for sale by a local agency. I have talked with the Ellsworth City Manager and the State's Department of Environmental Protection about a development of this type. I learned that Maine's Site Location Law (Revised Statutes, Title 38, Chapter 3, Subchapter l) specifies that subdivision of .any land entailing more than 20 acres requires approval from the Department of Environmental Protection. The DEP has informed me that, before such approval can be granted, notification of the possibility of such authorization must be published in our local newspaper. Citizens then have 30 days to request a public hearing on the matter, at which their concerns about the nature of the development will be taken into account.

If you are concerned about the manner in which lower lake is developed (e.g., specification of lot size, access roads), then please watch the Ellsworth American closely for notification of a request for subdivision. If you see one, please let the BPA officers know. We certainly cannot stop all development of lower lake; but at least we can ensure that it occurs in accordance with current EPA standards.

One question on the winter survey asked when the first meeting of the entire BPA membership should be held. Most people indicated that late July or early August would be the most convenient time. Thus, I have scheduled the meeting for July 30, between 10:00 a.m. and noon. It will be held in the Council Chambers of the Ellsworth City Hall.

At least two important issues will be on the agenda. First, we need a consensus from the membership regarding what they consider to be a fair solution to the road maintenance problem. In addition, we need to elect a President and Secretary-Treasurer for the 1983-1984 term. In response to the winter survey, the following people indicated a willingness to serve as a BPA officer: Ellsworth Bourque (Walls-Farm Road), Bill Cattelle (Branch- view Drive), Harold/Patricia Crichton (Walls-Farm Road), Daniel Force (Whitcomb Road), Samuel Fuller (Sargent Drive), Mark/Krista Kaplan (Branchview Drive), Dewey Martin (Walls-Farm Road), Richard Olson (Whitcomb Road), and James Taylor (Branchview Drive).

Others who might be interested in serving as BPA officers certainly can be nominated at the meeting. Please try to attend.

Several people have commented that the Pond's population of loons seems to be down this year. The Audubon Society has suggested that the exceptionally high waters this spring may have disturbed the nesting patterns of those birds who normally return to the lake. To verify whether the population is indeed dwindling in this area, the Audubon Society will be conducting a loon count on Branch Pond later this month.

To help preserve the loons that we have left, please adhere to the following recommendations from the Audubon Society: (a) steer away from loon family flocks when you encounter them on the lake, and (b) stay out of loon nesting areas, especially during spring and early summer.

Fortunately, Branch Lake was developed during a period in which relatively strict zoning helped ensure the continuance of clean water. Water pollution, however, can come from various sources. One variety that is causing problems on some of our neighboring lakes is derived from phosphates. According to the DEP, phosphorus "has been positively shown to be the most important cause of blooms of algae in Maine lakes.'' The DEP suggests that people residing in lakeshore areas should use only low phosphate detergents. Listed below are some popular detergents and their corresponding phosphate levels.