WISCASSET

A unanimous vote taken by the Wiscasset Board of Selectmen on Tuesday authorized that a private road formerly named “Redskin’s Drive” be changed to “Micmac Drive” at the property owner’s request.

In a letter addressed to the selectboard dated Sept. 23, Sara Harvey, Michael Harvey and Jeff Fortier gave consent to change the name of their road “to avoid any further conflict or potential lawsuits with the Indian tribes in the state” and offered Micmac Drive as an alternative.

“I think at this point it’s beneficial for all involved that if we just change the road name,” said Sarah Harvey at Tuesday’s meeting. “Micmac Drive will still show the intention that we had to show … our respect to our Indian heritage which on my dad’s side of the family is Micmac.”

Originally, the former name for the road to a new subdivision off Bradford Road was approved by the board 3-1 with one abstention at their Aug. 19 meeting.

The selectboard received letters dated Sept. 4 from Chief Kirk Francis of the Penobscot Indian Nation and James Sappier, a former chief and Penobscot Elder Council member, requesting that the vote be reconsidered.

Francis stated in his letter that the term “redskin” is particularly painful for the Wabanaki people — the Penobscot, Passamaquoddy, Maliseet and Micmac tribal nations — as it serves as a reminder of the 1755 Spencer Phips proclamation, which awarded a bounty for Penobscot scalps, from which the term “redskins” was coined.

“As citizens nationwide are becoming aware of the history behind this term and realize why it is offensive,” said Francis, “support to eliminate its use in sports is gaining momentum.”

In January 2011, the Regional School Unit 12 board of directors voted to cease using the Wiscasset High School “Redskins” mascot. This decision came at the request of the Maine Indian Tribal-State Commission that several schools in the state drop the term MITSC said is widely considered offensive.

“If the homeowners would like their road to be named Micmac Drive I think it’s a lovely way to show respect for their ancestors,” said Board of Selectmen chairwoman Pam Dunning. “I have no problem with the name.”

The motion to change the name was made by Selectman Ben Rines Jr. and passed 4-0, with Selectman Tim Merry absent.

In other business

The selectboard also considered action relative to a $100 fine assessed against Giles Rubbish by Transfer Station Superintendent Ron Lear.

“Mr. Giles’s truck showed up and instead of having the normal two yards of recycling it had maybe a quarter of that,” said Lear. “When the truck starts emptying you can see all the plastic, cardboard,” along with waste, he said.

“The ordinance says everybody has to recycle, even the commercial trucks,” said Lear, noting that he had been asked by residents why recyclable material was being dumped rather than recycled.

“I assessed the fine like the ordinance says, and that’s where we are,” said Lear.

In 2011, the selectboard approved an ordinance effective in October of that year, to assess a fee of $2 per bag for not recycling, in an effort to increase recycling to 25 percent and reduce tipping fee costs.

Dan Giles, the current owner of the family business Giles Rubbish that was started in 1959, asked that the selectboard consider removing the fine.

“I realize Ron and his crew are just trying to do their job and I don’t hold that against them, but so are we,” said Giles. “When you put that ordinance in effect, I think you had three or four (commercial) haulers hauling in up there. As far as I know, I’m the only one left.”

Giles said his business was different from other commercial haulers because he supports recycling, and has been recycling since 1990.

The fine puts him in a lose-lose situation, said Giles, because if he is continually assessed $100 fines he would either lose that money, or lose customers if he passed that cost onto customers as a fee.

Giles said that every truck brings in recyclable material, but the amount varies depending on what customers leave on the curbside.

“Why fine me for something I have no control over? We’re not the generators,” said Giles, adding that often recyclable material in commercial dumpsters is contaminated with fish waste, animal waste, maggots, oil or paint, or was not visible and mixed in with other garbage when his employees picked it up.

Additionally, Giles said it was dangerous to try to sort through waste, which could contain sharp objects or needles, and in some cases it could be a HIPAA violation if the waste contained any medical records, such as waste picked up from doctor offices.

“I’m limited in how closely I can monitor this,” said Giles.

“It’s hard for me to believe that we’re not recognized for being the only commercial hauler that brings in recycling every day and gives it to you to sell … which generates revenue for you,” said Giles.

Lear estimated that the town has gained roughly $880 in revenue from cardboard Giles had brought in this year. Giles noted that he had been asked by a previous transfer station superintendent to bring in less recycling.

Selectman Jeff Slack asked how many times Giles had been fined. Giles said he had been fined once, and he was willing to pay the fine, but couldn’t sustain being continuously fined.

“I take a lot of pride in what we do, and though I’m a lowly garbage man I try to do the best job I can,” said Giles. “I’ll be honest with you, this fine hurts my pride more than it hurts my wallet.”

Slack said that since the fine hadn’t happened before or again, that it seemed the fine had served its function and said he didn’t believe Giles would be fined again.

Dunning said the ordinance required commercial haulers to recycle and that Giles had demonstrated that he does recycle and so the fine should be waived.

Selectman Bill Barnes noted that it seemed like Giles was doing a good job and added that the town shouldn’t risk losing the last commercial hauler it has.

Rines noted that there was no language in the ordinance which permitted the selectmen to waive a fine that had been assessed. Rines added that approximately 235 residents had been assessed $2 fines, and waiving Giles’s fine would open them up to other requests for waivers.

Barnes made a motion that Giles’s fine be waived, which Dunning seconded. But the motion failed 2-2, with Barnes and Dunning in favor and Rines and Slack opposed.

rgargiulo@timesrecord.com

IN OTHER BUSINESS: The selectboard also considered action relative to a $100 fine assessed against Giles Rubbish by Transfer Station Superintendent Ron Lear.