D-F bill of rights petition

Special select meeting set for Sept. 8

DOVER-FOXCROFT — Recently Town Clerk Lisa Niles was presented with a petition of over 300 names requesting a secret ballot vote on a community bill of rights ordinance, stating that a community bill of rights for the residents of Dover-Foxcroft will be established to secure those rights by prohibiting corporations and governments from engaging in the acquisition of land for, or the siting of, private and public-private transportation and distribution corridors.

Per statute, upon receipt of a valid petition requesting a secret ballot vote the municipal officers shall have a related ordinance placed on the next ballot or call for a special town meeting — the statute has no provision requiring such a vote within 60 days.

“It is my understanding we are basically here to discuss where do we go from here,” Selectperson Gail D’Agostino said during an Aug. 17 select meeting. D’Agostino and Select Vice Chair Cindy Freeman Cyr both said they have been involved with the group that organized the petition, and their fellow board members voted 4-0 at the start of the discussion to have D’Agostino and Freeman Cyr take part in any ensuing motions and not have to recuse themselves.

A question for the board was whether to seek an opinion from an attorney to determine if the proposed ordinance being petitioned is legally enforceable by the town and consistent with Maine and federal law. “I think it would be helpful to have an attorney come present the opinion in person,” Town Manager Jack Clukey said, saying such a presentation would be made during a public meeting.

“I think we need room to question,” D’Agostino said, saying hearing and talking with the attorney would be preferable to  just receiving a legal opinion.

“I would like to find why he thinks — if he does think — this is illegal,” Select Chair Elwood Edgerly said. “I think we are trying to do the right thing.”

Selectman Steve Grammont said he too preferred having a discussion with a lawyer to help avoid putting something forward the board was unsure of. “We have some time, not a lot of time,” he said about the several months left before the scheduled Nov. 3 referendum.

“I believe it is not the topic but rather the process,” Selectperson Jane Conroy said, comparing the process to getting the community bill of rights ordinance out to a vote to the switch to a secret ballot for town meeting that was made nearly a decade ago. “My name is on one of these petitions but I serve on the board to protect the town as well,” Conroy said.

The board voted, 6-0, with Ernie Thomas not present on Aug. 17, to seek a legal opinion and then hear from the attorney with the document sent in advance. Legal opinion is also to be sought on how a proposed ordinance would fit within the state’s environmental law.

Freeman Cyr wondered about setting up a meeting in advance of the next regular select session, which would be on Sept. 14. “We need to get some dates from the lawyers before we can schedule a meeting,” Edgerly said.

Several days after the session, a special board meeting concerning the community bill of rights ordinance was scheduled for Tuesday, Sept. 8 at 6:30 p.m. at the Morton Avenue Municipal Building.

Earlier in the meeting nearly all of a 40-minute open session was spent discussing the petition and potential ensuing ordinance.

“We have worked very hard the last two years to craft an ordinance,” Dr. Lesley Fernow said, saying the ordinance would prohibit the corridors from coming through Dover-Foxcroft. She said a community bill of rights is being sought, in contrast to a corridor prohibition in the land use ordinance which is unlikely to be sustainable.

Dr. Fernow said, according to legal advice given to the group, “If we crafted an ordinance that was just a land use ordinance it would fail in court.” She said instead a citizen’s’ community bill of rights was carefully crafted through the Maine Constitution.

“We are taking back the rights of people to decide what happens in our town,” she said. “This is the only kind of ordinance that has the potential to be sustainable in court. I think that this document is basic democracy at its best. Dr. Fernow added, “We have collected 300 signatures from people in town who want to see this on the ballot in November.”

“I was really taken by the idea of recertifying our rights,” Dr. David Frasz said. “I very much like the precedent of saying we ought to do this as a town, we ought to be able to do things that affect our own community.” He added, “If it is passed it will be legal.”

“This is a very conservative thing we are doing,” Sidney Mitchell said. She said the town would continue to be a rural area and not a throughway for the delivery of goods. “This is about being conservative to a landscape that is beloved by a lot of us.”

“At this point I feel I am speaking against the bill of rights,” Paul Matulis said. “If it is meant to be a protest against the East-West Highway it goes too far.” Matulis said a related ordinance could make the town the subject of a lawsuit and then “have to be in the position of trying to defend.”

“I agree with the need to reduce corporate power in this country,” Matulis said, saying this can be done through measures such as through the legislature. “While I feel this is emotionally satisfying, I don’t think it is the correct path.”

“I think government at the local level is where we have the most control as citizens,” Lisa Laser said.

“We have this ordinance and we have the signatures,” Clukey said. “We are here tonight to talk about the process.” He said the selectmen have to determine if the ordinance brought forward is legally enforceable, and if not are there ways to move forward.

“Procedurally the board has to receive it and vote on what the next step is,” he said. “This isn’t the deadline for the November ballot,” Clukey said.

Dr. Fernow said she understood Matulis’ perspective, saying those involved know there will be opposition. “The whole point is to get it to a vote and have a discussion,” she said. Dr. Fernow said the group would like an opportunity to explain their community bill of rights and this job would be more difficult it they do not know if the ordinance would be up for a vote.

“We really need to do the education and say this is going to be on the ballot and this is what you need to learn about it,” Dr. Fernow said. “I think we should be allowed to vote on it, to put it to the community.”

“It seems to be me the board has a very difficult job in front of you,” Ben Cabot said, suggesting the selectmen look at what other surrounding communities have done. “This is something people want to vote on and if it passes or not they want to be heard.”

Clukey said the only opinion rendered so far was whether the ordinance was a part of the land use ordinance or not and the answer was in the affirmative. “He’s only given us an opinion of the legality of the ordinance,” Clukey said. “Our only opinion was how to go forward.”

A question was asked about possible recourse by the group if the selectmen do not place the ordinance on the ballot. While Clukey said he did not have an answer to the question, Dr. Fernow said, “The answer is if you decline to put it on the ballot we have the option to recollect the signatures and submit to a notary public who can call a special town meeting. I don’t think we want to do that.”

Edgerly said he thought getting a legal opinion would be beneficial because then town officials and citizens would know how the ordinance could possibly be challenged. “This is a process, I want the process to be enforceable,” he said.

“We typically go through Eaton Peabody and have a municipal attorney through them,” Clukey said about getting legal feedback. “I would expect a response well before this board meets again.”