In response to a legal opinion, Woolwich selectmen rescinded an earlier vote accepting a petition for restoring pay-per-bag.

The petition asks for a May 7 annual town meeting article requiring residents to pay for curbside pickup of non-recyclable trash.

Selectmen took up the petition and other business at a special meeting Monday afternoon, March 28 at the town office. The petition contained 178 signatures and was certified by the town clerk on March 16. Selectmen accepted it not knowing of a requirement about affidavits. The board’s vote to send it back to the town clerk was 4-0-1, with Chairman David King abstaining.

According to Susanne F. Pilgrim, director of legal services at Maine Municipal Association, recent revisions to state statutes require circulator(s) of local petitions to “witness the signatures and include a circulator’s affidavit certifying the fact.” Because a “circulator’s affidavit” didn’t accompany the pay-as-you-throw petition, its legality could be challenged. Pilgrim offered her opinion in a March 25 email to the town office.

After the petitioners file their affidavits selectmen will take up the petition again, possibly at their regular meeting, Monday, April 4.

Besides the lack of affidavits, Pilgrim noted selectmen could have rejected the petition because the same issue has already been voted upon twice in the last year. “The town is entitled to some finality on this issue,” she wrote, adding it can’t be “revoted endlessly by an unlimited series of petitions.”

A second opinion from Kristin Collins, the town’s attorney, concurred with MMA’s. Collins also suggested selectmen require the petitioners return with the proper affidavits. “The board will need to determine whether to allow the petition despite its repetitive nature,” she wrote in a March 20 email. Collins further noted the board could “take the position that this issue may be considered in a later year, but that now is too soon to take it up again.”

King said other than the affidavit requirement, the legal opinions were the same as what the board received prior to last summer’s petition calling for repeal of Pay As You Throw (PAYT).

At the time, King added neither the select board nor the town attorney were aware of the affidavit requirement. “The difference with this petition is it returns the decision where it belongs on the floor of an open town meeting where it can be debated and decided,” he said, reading from a prepared statement.

Selectman Lloyd Coombs said he agreed with King. “My concern is that we treat all parties fairly,” he commented.

Don Adams responded, if selectmen wanted to be fair, they should hold the vote at November’s general election when the voter turnout would be the highest. Adams led the effort to repeal PAYT. The program was administered by WasteZero of North Andover, Massachusetts.

The latest petition led by Ben Tipton and five other residents asks pay-per-bag be reconsidered at the annual town meeting. But according to Pilgrim, selectmen weren’t obligated to do so. Instead, they could call a special town meeting within 60 days of the date the petition was filed.

When Selectmen Allyson Hepler suggested the board give consideration to holding a special town meeting, King responded special town meetings were usually poorly attended. “There’s also a cost to the town,” he added.

Assuming the petitioners file the affidavits and selectmen then agree to accept the petition, Pilgrim said, the article could be amended at town meeting the same way other articles are amended.

She further stated if voters chose to resume pay-per-bag, the town was under no obligation to have WasteZero administer the program, adding she didn’t see anything within the previous contract that required this.

Solar project proposed

Construction of a town-owned solar array at the former landfill off Route 127 won’t be happening anytime soon.

Danny Piper, a co-owner of Sundog Solar based in Searsport, told the selectmen constructing a solar array there would be too expensive to make it cost effective; in the range of $100,000.

Piper suggested the town might be better off putting solar panels on the roof of a town-owned building which would be less expensive.

The former landfill, however, might be suitable for a community solar farm. The board may invite ReVision Energy, another solar energy company, to attend a future meeting to discuss this or another solar project.

Trash contract extended

By unanimous vote, selectmen agreed to award the curbside trash and recycling contract to Riverside Disposal of Chelsea, pending approval of voters at town meeting.

The contract is for one year with an option to renew for two additional years.

Riverside Disposal is one of Central Maine’s largest commercial waster haulers providing curbside trash and recycling pickup for a number of communities including Augusta, Hallowell, Gardiner and Dresden. They haul their rubbish and recyclables for processing by EcoMaine in Portland.