A petition calling for a pay-as-you-throw referendum for Woolwich voters to consider at the polls Nov. 3 was tossed out because of its wording.

Acting on the advice of their attorney, the board of selectmen voted 4-1 to reject the PAYT question petitioned by Don Adams. Selectman Dale Chadbourne cast the dissenting vote taken Tuesday evening, Sept. 8.

The petition signed by over 200 residents stated: "We the citizens of Woolwich, want a yes or no vote on Pay As You Throw on the November Ballot."

Although the petition’s intent might have been clear to Adams and other referendum supporters, its wording didn’t follow the letter of the law.

Describing the petition as “one of the vaguest” she’s ever seen, Attorney Kristen Collins of Belfast said the question fails on three criteria.

Referring to it as a “redundant action,” she said a petition can’t be used to simply undo a town meeting vote assuming the meeting was announced in advance and well attended. Citing a 1990 Superior Court case, she said the court held that the voters are not able to use the petition process as a method to reconsider a previously approved action. 

She said the petition’s wording lacked content and clarity. It must be worded the way it will appear on the ballot and can’t rely on the board of selectmen to draft its language.

“It’s not addressed to the board of selectmen, which is required by statute,” Collins added.

Collins said because PAYT was approved by voters at the May annual town meeting, the board of selectmen acted correctly by entering into a contract with WasteZero, the not-for-profit organization administering the program. WasteZero provides the orange plastic bags resident must now purchase for disposal of their non-recyclable trash.

Adams, surrounded by supporters in the hearing room, said the petition’s intent was obvious, residents wanted PAYT voted on at the General Election. He and others also questioned the way the PAYT vote was carried out at the town meeting. A voice vote rejecting PAYT membership at the town meeting was challenged; in the written vote that followed the measure passed 114 in favor, 105 opposed. Although the town meeting was considered well attended, Woolwich has over 2,400 registered voters.

Tempers soon flared when it was revealed that the PAYT contract was for five years. Accusations flew back and forth. At one point Chairman David King Sr. threatened to adjourn the meeting. Order was restored and the meeting continued.

Collins later said the board of selectmen could choose to have its own referendum. The contract with WasteZero had a clause allowing for its termination after 60 days. You could get an advisory vote, set a date, and have the townspeople vote on it, she said.

Voters could also opt out of the WasteZero contract by choosing not to fund it when the article comes up for consideration at the annual town meeting in May 2016.

King warned there would be consequences for ending PAYT this year. “We’ve already saved $35,000 (in the solid waste account). We’ve also pledged that any additional savings we get from the sale of the bags will go to offset taxes. I’m convinced this will save the town money,” he said.

Afterwards Selectman Chadbourne told the newspaper he was disappointed by the outcome.

“Everybody is talking about (PAYT) we had an opportunity to have our own referendum in November,” Chadbourne said. “The attorney was here and she could have drafted a question for voters to consider. Tonight was our chance and we dropped the ball,” he said.

The selectmen’s decision to decline the petition left Adams with two options. He could seek his own legal opinion, or circulate a new petition, but time is running out for a November vote.

Maine law requires a petitioned article be turned in 45 days prior to Election Day to be included on the ballot. Adams has until Sept. 18 and would need to gather at least 172 signatures of registered voters, 10 percent of the voter turnout at the last gubernatorial election. A new petition would again need to be verified by the town clerk.

Adams said Wednesday morning that he’s starting another petition.

“The battle is far from over,” he said. “The selectmen could have drafted a question last night and chose not to. What really upset people was learning that we entered into a five year contract on this.”

Adams hopes to have enough signatures on his new petition by next Thursday. “People can call me at (207-443-4266) if they either want to help in gathering signatures or want to sign the petition.

“All we’re asking is to bring this to the polls in November and let the people decide.”