Special town meeting set for Sept. 18 on Sangerville rights-based ordinance

By Mike Lange
Staff Writer

    SANGERVILLE — The Sangerville Board of Selectmen has set dates for a public hearing and special town meeting on a rights-based ordinance which, if passed, could throw a legal roadblock into the proposed east-west highway.

    The board set Wednesday, Sept. 4 at 6:30 p.m. for the public hearing and Wednesday, Sept. 18 for the special town meeting. Both events are tentatively set for the East Sangerville Grange.
    An informational hearing on the rights-based ordinance or RBO was held earlier this summer at the Grange hall where details of the legislation were explained by the non-profit Community Environmental Legal Defense Fund (CELDF).
    Basically, an RBO makes a fundamental change in the way towns handle state and federal regulatory procedures. The premise is that individuals have a final say over what corporations can do, and state or federal laws can’t override local ordinances.
    While the exact route of the east-west highway hasn’t been revealed by the major proponent, Cianbro Corporation, an unofficial map indicates that one exit of the controlled-access road could be in Sangerville.
    The RBO, if passed, would “prohibit public and private distribution corridors” in the community without specific permission of residents.
    A petition with 103 valid signatures was submitted to the Board of Selectmen asking for a special town meeting to pass the ordinance. Town Manager Dave Pearson said at last week’s selectmen’s meeting that there are only three articles on the warrant: selecting a moderator, a decision on whether to allow non-residents to speak on the articles and whether to enact the RBO.
    There was some discussion at last week’s meeting over whether other articles could be added to the warrant after the Board of Selectmen signed it and whether the RBO would be legally binding. Eventually, the board agreed to sign the warrant, but not post it until after the Sept. 4 public hearing. Legally, a town meeting warrant only has to be posted seven days in advance, according to Pearson.
    Regarding legal advice on the article, Pearson told the board that one problem has already surfaced. “Eaton-Peabody is the town’s law firm, but they also have Cianbro as a client. So they feel they have a conflict,” Pearson said. After contacting four legal firms and a friend who works for an attorney, Pearson said that rates ran from $250 down to $95 per hour.
    The lowest fee came from Lynne Williams of Bar Harbor, who crafted a legal opinion on a wind turbine ordinance for the town of Peru, Pearson said. “It’s still on the books, it hasn’t been challenged and she quoted them $170,” he said. In a letter to Pearson, Williams said that she would charge Sangerville half of her normal $190 per hour rate or $95 plus $35 per hour travel and mileage to attend the public hearing.
    Selectman Bill Rowe said that Williams “sounds like the best bet for us, since she has the experience dealing with issues like this.” The board voted unanimously to retain the attorney for legal assistance on the RBO.
    The board also discussed whether a moderator was needed for the public hearing or if the selectmen could run the meeting themselves. “There should really be nothing for us to do except set a time limit for speakers,” said Selectperson Melissa Randall. “A public hearing is not a debate … They should just get up, say their piece and sit down again.”
    Tom Carone, chairman of the Board of Selectmen, agreed and cited public hearings he’s attended on similar issues. “But we need to set some ground rules,” Carone said.