Town of Mount Desert
Board of Selectmen
Meeting Minutes
Monday, August 1, 2016
A meeting of the Board of Selectmen was held this date in the Meeting Room, Town Hall, Northeast Harbor, Maine.
Those present included: Chairman John Macauley, Selectmen Brian Reilly, Matt Hart, and Dennis Shubert. Also in attendance were Town Manager Durlin Lunt, Fire Chief Mike Bender, Town Clerk Claire Woolfolk, and members of the public.
- Call to order at 6:30 p.m.
Chairman Macauley called the meeting to order at 6:30 p.m.
There were none scheduled.
July 18, 2016: MOTION: Selectman Hart moved, with Selectman Reilly seconding, to approve the Minutes as presented. Motion approved 4-0.
IV. Appointments/Recognitions/Resignations
- Confirm appointment of Dave Higgins as Wastewater Assistant Operator at $17.87 per hour effective on or before August 22, 2016
MOTION: Selectman Hart moved, with Selectman Reilly seconding, to move the appointment of Dave Higgins as Wastewater Assistant Operator at $17.87 per hour effective on or before August 22, 2016. Motion approved 4-0.
- Thank you recognition to Tom Wallace and Thomas W. Wallace Construction Services
MOTION: Selectman Hart moved, with Selectman Reilly seconding, to recognize with thanks Tom Wallace and Thomas W. Wallace Construction Services for constructing fire department training structures.
Selectman Shubert inquired where the structures were being stored. It was reported the trailer with the structures is being stored at the high school.
Motion to recognize Tom Wallace and Thomas W. Wallace Construction Services with thanks was approved 4-0.
V. Consent Agenda
A. Department Reports: Public Works
B. Letter from Maine Department of Transportation regarding Route 102 Large Culvert Rehabilitation
C. Hancock County Commissioners Meeting Minutes July 12, 2016
MOTION: Selectman Reilly moved, with Selectman Hart seconding, to move to accept the Consent Agenda. Motion approved 4-0.
VI. Selectmen’s Reports
Chairman Macauley presented letters on the subject of aquaculture written to Maine Department of Marine Resources and the Department of the Army Corps of Engineers. A review of the letters was made.
MOTION: Selectman Shubert moved, with Selectman Hart seconding, to authorize Chairman Macauley to sign the letters. Motion approved 4-0.
VII. Old Business
- Discussion with Officials from Acadia National Park concerning issues affecting the Village of Otter Creek
Chairman Macauley (it was noted Chairman Macauley is the President of the Aid Society of Otter Creek) summarized the situation with the Fish House Lot in Otter Creek. The property was deeded to the Aid Society of Otter Creek in the 1980s. Ancillary issues with the lot include vehicle access, and the provision of fresh water to the lot. The lot is a private lot bordered by Acadia National Park. The lot is 22 square feet, and entirely taken up by the Fish House. A pier is set slightly to one side of the lot. The Fish House was deeded to the Aid Society by the Walls family to be used in perpetuity by the villagers of Otter Creek, to provide sea access for fishing purposes. The boat slip was part of the intent for that provision. The question is what the rights
to that boat slip are, whether the slip is on Aid Society property or Park property, are there rights of access to that property, and are there rights to build anything between mean high water mark and mean low water mark. The pier has been in existence for many years, but was torn down by the Park six years ago. Resident Steven Smith is in the process of rebuilding the slip. Chairman Macauley noted the Great Ponds Law created in the 1620s suggests that property owners on the shore have access to the low water line. If the Aid Society does in fact have this right, then what do they have to do to build a pier legally. Access to the property over Park land from the Loop Road was also an issue. Chairman Macauley also recalled a law allowing guaranteed access over public lands for commercial business. Chairman Macauley felt the issue at the heart is the question of how to get to a Memo of Understanding providing both the Park and the residents
a framework for how to proceed.
Rodney King of Otter Creek clarified that Otter Creek residents were not building new construction; they were only maintaining what was already there.
Three Acadia National Park officials in attendance were Head Ranger Stuart West, Chief of Resource Management Rebecca Colwill, and Deputy Superintendent Mike Madell.
Selectman Shubert asked if there were any connecting trails for walking or biking from Otter Creek near the old wastewater treatment plant to the Park. Ranger West noted there is one off Grover Ave., and a second one off Wall St. is under developement.
Otter Creek resident George Davis complained about the trails on Grover Ave. and Wall St. He noted that neither trail is an official Park trail. Chairman Macauley felt the Grover Ave. trail was a complete trail. Ranger West stated that the trails referenced were Village Connector Trails. A post identifying them as such was scheduled to be installed in the fall, as well as other work to finish them. He agreed the trail off Wall St. needed more work. Mr. Davis reiterated he did not feel the trails were complete.
Ranger Colwill noted that at a meeting with Otter Creek residents these Village Connector Trails were discussed. It had been confirmed then that the trails would be formally added to the connector trails of the park and have them identified and managed by the Park.
Otter Creek Resident Steven Smith stated that the Park had destroyed the Quarry Trail Road, removed the culvert and rendered it unusable despite his receiving court judgement allowing him access over the road. Ranger Colwill stated that was an issue different from the connector trails.
Mr. Smith hoped a variety of issues could be cleared up. He hoped the meeting would address all the problems he felt were in Otter Creek.
Chairman Macauley said that if all the issues in Otter Creek were addressed at once, it was less likely that anything would get done.
Mr. Davis stated that there are numerous maps dating back to the 1800s that show the Fish House pier. Chairman Macauley felt the issue at hand was what the role the Town needs to play with regard to permitting, and what is the legal process by which the Town can have a pier there, if they can. Mr. Smith disagreed. He felt the pier had always been on that site, and there’s evidence of the Park’s boundary to the North and the South, but there is no deed encompassing the area in question. Furthermore, Mr. Smith asserted the area in question was agreed to in court and it’s in congressional legislation. Chairman Macauley noted the pier was included in the survey but not in the text. Mr. Smith maintained that it must be legal because it was in the survey.
Selectman Hart asked the Park officials what it was about the boat slip that was unacceptable to Acadia National Park?
Ranger West stated the pier was torn down due to it being deemed a safety hazard and in a state of disrepair. Mr. Smith stated the pier was always in disrepair in the spring, until maintenance could be done to repair it.
Selectman Reilly asked the Park officials whether the Town can rebuild the wharf?
Ranger Madell stated the Park records disagree with Mr. Smith’s position that the Town owns the wharf. The Park’s contention is that it is federal property and therefore the Town can’t rebuild.
Mr. Smith noted that evidence of Park ownership has never been provided. He requested to see the deed that includes evidence of ownership.
Selectman Reilly stated that the deed does show ownership of Otter Cove, including the low water area of Otter Cove, with the exception of the Fish House Lot. The question is whether the fish house lot, according to the Great Ponds Law, spans to the low water mark or only to the boundary stated in the deed? Selectman Reilly felt the question would most likely need to be cleared up through legal interpretation. He was unsure whether the Town may have a role in this question.
Mr. Smith insisted the Town force the Park to take the question to court.
Chris Brown, an Otter Creek resident on the Bar Harbor side of the town, noted that a meeting about the area pointed out the history of the longstanding rift between Acadia National Park and Otter Creek residents. At that meeting, Park officials in attendance stated they were interested in working to smooth relations with the Town.
Mr. Davis requested that the Selectman ask the Park officials whether they considered the Park to own the land to the low water mark behind the Fish House. Ranger Madell felt the evidence in the deeds would suggest the US Government does in fact own the area in question.
Selectman Shubert inquired if there was a process the Park would support to resolve these issues. Ranger Madell felt a legal determination would have to be made with regard to the Fish House lot. He also agreed a Memo of Understanding would help clarify the positions of the parties involved. He noted it would be good to agree on how to get the word out about the Fish House Lot, as well as come up with shared visions of its use and shared goals.
Otter Creek resident Rodney King reiterated he did not understand how the Park could surmise that they owned the land.
Mr. Smith stated the deed said the area was for fishing-related activities only. He added that Aid Society is just one owner of the area.
Selectman Shubert inquired what exactly the Aid Society wants.
Chairman Macauley stated the Aid Society wants to do the right, legal thing. They want to know who owns the land. They want to know whether the Colonial Great Ponds Law applies to the land down to the low water mark or not. Chairman Macauley felt that surveys and deeds that do not specifically reference the pier do not help clarify the issues.
Mr. Smith stated the land in question does not belong to the Aid Society, it belongs to several people who have deeds. Chairman Macauley asserted that more specific information was necessary. Nothing clearly stated any property rights beyond the boundaries of the lot.
Selectman Shubert asked whether the Aid Society is willing to litigate. Chairman Macauley did not feel they were. Selectman Shubert felt reluctant to spend Town money on litigation over this question.
Selectman Reilly suggested that the Town role might be to help mediate between Otter Creek residents and the Park, with the goal of creating an MOU.
Mr. Smith asserted again that he was requesting that the Town ask Acadia National Park to take the question to court and follow the legal process. Selectman Hart pointed out that the Park feels they are doing things legally. Ranger Madell agreed.
Selectman Hart agreed that a Memo of Understanding was needed.
Mr. King stated that the legal process was not to tear things down simply because they feel they own it.
Selectman Reilly felt the Park does have a deed to the intertidal area. Mr. Smith disagreed. Mr. Smith felt the deed said the area was owned by the United States, which is a different entity than the National Park Service. Selectman Reilly felt the survey was not helpful; the wharf in question is to one side of the Aid Society property, and the Great Ponds Law would only apply to land directly in front of the building. If the wharf is found to be on Park land, then residents must come up with an agreement that both parties can live with. He suggested the Aid Society can continue to argue it with the Park, or they can allow the Town to assist in drawing up a Memo of Understanding.
A member of the public asked if there is a due process required for removal of the boat slip, and if that due process was used by the Park. It was added that if a permitting process was not used, then the destruction of the pier has been done in error. Ranger Madell noted there was a permit issued in the mid-1980s. He agreed to provide the Town with a copy.
Selectman Shubert suggested determining who the agents were for addressing these issues. Chairman Macauley suggested working with the Code Enforcement Office and the Town’s Attorney.
The question of Safety Egress and undue distance to be traveled by emergency personnel with regard to Otter Creek was also brought up, as well as the lack of bike trails to the shore. Pollution in Otter Creek from the old wastewater treatment plant was also discussed.
Selectman Reilly suggested scheduling a meeting separate from the Board of Selectmen meetings, to discuss these issues with the goal of creating a memo of understanding. Chairman Macauley asked Town Manager Lunt to pull together such a meeting.
VIII. New Business
- Tan Turtle Tavern Restaurant DOT Signage Request
MOTION: Selectman Shubert moved, with Selectman Hart seconding, to approve the Tan Turtle’s application for DOT signage. Motion approved 4-0.
- Concerns over condition of Acadia National Park boat launch at Jordan Pond
It was noted that fishermen have requested boulders be moved to make launching easier at the site. Ranger Colwill noted they have an interest in seeing the boat launch improved as well. She reported the Water Company voiced concern, stating that increased water usage may affect the water quality. Ranger West confirmed the launch has deteriorated over the years. They suggested chipping the tops of larger rocks to prevent grounding on them, as well as adding some gravel. Ranger Madell thought those repairs would be made soon.
- Such other business as may be legally conducted
There was no other business.
IX. Treasurer’s Warrants
A. Approve & Sign Treasurer’s Warrant AP1706 in the amount of $1,000,761.21
B. Approve Signed Treasurer’s Payroll, State Fees, & PR Benefit Warrants AP1704, AP1705, and PR1702 in the amounts of $6,610.99, $5,935.11, and $95,210.98, respectively
C. Acknowledge Treasurer’s School Board AP/Payroll Warrant(s) 2 and 2 in the amounts of $105,023.99 and $131,329.29, respectively
MOTION: Selectman Hart moved, with Selectman Reilly seconding, to approve & Sign Treasurer’s Warrant AP1706 in the amount of $1,000,761.21, approve signed Treasurer’s Payroll, State Fees, & PR Benefit Warrants AP1704, AP1705, and PR1702 in the amounts of $6,610.99, $5,935.11, and $95,210.98, respectively and acknowledge Treasurer’s School Board AP/Payroll Warrant(s) 2 and 2 in the amounts of $105,023.99 and $131,329.29, respectively. Motion approved 4-0.
X. Executive Session
None Scheduled
XI. Adjournment
MOTION: Selectman Reilly moved, with Selectman Hart seconding, to adjourn the meeting. Motion approved 5-0.
Meeting adjourned at 7:32.
Respectfully submitted,
Matthew J. Hart, Secretary
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