ELLSWORTH — What’s the use of an ordinance that can’t be enforced? And how does one measure odors? City Councilor Steve O’Halloran brought the issue of odors from Business Park compost business Maine Organics to the council table March 21 after previous council discussions failed to satisfy his concerns.
Neighboring businesses had voiced complaints about the odors to O’Halloran, and he had several times pushed the city for action through the council agenda and citizen comments. This time, he found measures taken by city staff and Maine Organics owners sufficient.
“Get this problem under control and enforce this ordinance,” O’Halloran began his discussion.
After hearing that the Maine Department of Environmental Protection, the agency that licensed the business for operation, has recently inspected Maine Organics, and about odor mitigation steps taken by the company, and its continued work with Code Enforcement Officer Lori Roberts and wastewater treatment facility director Michael Harris to address the issue, O’Halloran was willing to let it go.
“I just want an end game to this whole thing,” he said. “Progress doesn’t happen overnight.”
Several people, including councilors, have noted smelling the odors while driving on Mariaville Road, in addition to the complaints made by Maine Organics’ neighboring businesses. Roberts said that when evaluating whether a business is meeting city ordinances, “We’re looking for compliance, we’re not looking to fine people.” Fines range from $200 to $2,500 for each separate violation, she said.
The Unified Development Ordinance’s General Performance Standards, Art. 801.3(B) state, “No land use or establishment shall be permitted to produce offensive or harmful odors perceptible beyond their lot lines, measured either at ground or habitable elevation.”
But the DEP, and the city, have no way to quantify odor, Roberts noted. In addition, without the proper measuring equipment, any judgment on odors would be subjective, Harris pointed out, especially with the city’s odor-producing transfer station being one of Maine Organics’ neighbors.
“If you enforce it for one, how do you not enforce it for the other?” Councilor Michelle Kaplan asked.
Maine Organics owner Josh Wellman said he’s heard no complaints for the past 1 months, after using smaller compost piles, not turning them during times of wind, regulating when seafood material is delivered and working on nights and weekends. The business also contacts DEP daily, Wellman said, to inform them of the day’s operations.
Three additional agenda items sponsored by O’Halloran were tabled indefinitely by majority vote.
One is that the wastewater treatment plant no longer dump any product in Ellsworth. The city is under contract through June 30 to sell biowaste from its wastewater treatment plant to Maine Organics. Also tabled was an item to not allow outside businesses to dump product into the wastewater treatment plant.
Councilors also tabled O’Halloran’s request that all city departments remain open, regardless of weather.
However, one issue O’Halloran raised at a February meeting had a happy conclusion. O’Halloran had asked why the city would not accept excise taxes in 2015 for trucks he leases outside of Ellsworth for his business, which is located within city limits.
Research into state laws showed that while the trucks’ legal owner is not in Ellsworth, excise tax may be paid where the vehicles are customarily kept, City Manager Glenn Moshier said. Excise tax on two vehicles O’Halloran recently registered went to Ellsworth, and Moshier said the city will follow up “and see what money we can receive from the city of Hampden,” where the excise tax has been paid in previous years.
In other business, the council awarded engineering work for a portion of Christian Ridge Road to Bangor-based Haley Ward by a 4-3 vote, with councilors Casey Hanson, Robert Miller, Marc Blanchette and Kaplan in favor.
Councilors O’Halloran, Hamilton and Gene Lyons voted against the measure, favoring Ellsworth-based Andrew McCullough, who came in about $10,000 less in cost.
Public Works Director Lisa Sekulich explained that McCullough’s bid ranked lower in the scoring system, which is based on qualifications, not cost.
The overall project cost is estimated at about $950,000. The two engineering bids came in at $49,900 and $60,000, significantly lower than the typical 10 to 15 percent of the entire project cost that engineering designs typically cost.
“Yes, it’s a $10,000 difference, but they’re both good prices,” Sekulich said.
News Reporter Anne Berleant covers news and features in Ellsworth, Mariaville, Otis, Amherst, Aurora, Great Pond and Osborn. When not reporting, find her hiking local trails, reading or watching professional tennis. Email her at (email protected)
