Members of the Clary Lake Association met with the Lincoln County Commissioners on Sept. 5 to discuss their petition to the Department of Environmental Protection to enforce its 2014 order for the owner of the dam at Clary Lake to maintain a particular water level in the lake.

Clary Lake, which lies in Whitefield and Jefferson, is about 700 acres, and is one of the largest watersheds for a small lake in the entire state, according to Association member George Fergusson. The problem originated when a grapefruit-sized hole was punched in the dam during damage caused by Hurricane Irene in 2011, according to the then-dam owner, Paul Kelley.

Kelley, of Pleasant Pond Mill LLC, had a mortgage on the dam which was assigned to an entity called Medius L3C. After the damage, Kelley opened the barriers to drain the lake. The Maine Department of Environmental Protection then ordered him to create a water-level regime in 2014, keeping the lake at no less than five feet at the barrier. Kelley appealed to the Lincoln County Superior Court, where the issue remains unresolved.

After a fruitless mediation process, Kelley filed for bankruptcy. The DEP said that because his company was dissolved, he no longer had standing to appeal, since his legal debt was wiped out in the bankruptcy proceeding. There were other procedural errors in Kelley’s appeal, the DEP said in its answer. In the last month, Justice Daniel Billings has issued new orders regarding discovery. According to Billings’ directive, a previous order for discovery had not been fulfilled.

In late August, the association prepared its petition to force DEP to enforce its 2014 ruling. Kelley said that because he had not yet seen the petition, he was unable to comment.

Often, when a dam owner cannot afford to make repairs to a dam, he or she tries to assign the dam to another entity, such as a municipality, the state, or an interested third party, such as a homeowner’s association, a land trust, or a recreational area. In Lincoln County, several dams have been assigned to third parties to be either removed or maintained. In the case of Clary Lake, this has not happened. Fergusson said that the lake had been the major source of water for fighting fires in the region, including at NC Hunt, a large lumber mill and sales facility at the boundary of Damariscotta and Nobleboro, with a site in Jefferson as well.

Complicating the issue is the fact that Kelley has not paid property taxes on the dam from 2013 to 2015. The town of Whitefield could take the dam in a foreclosure for back taxes, but the town’s attorney, Mary Denison, had counseled against it on the basis it would create a liability for the town, and in 2015, the selectmen voted to waive foreclosure on the dam, according to minutes of the meeting.

Sheriff Todd Brackett announced that Animal Control Officer Julie Groleau would soon be leaving to move to Florida, leaving 12 towns without an ACO. He said he is re-running ads, but that in the last series of want ads, only two respondents got in touch, and one of them was already an ACO for four towns, including towns on the Boothbay peninsula. Groleau, who is well-known and well-liked, Brackett said, would be difficult to replace, especially since the ACO position is only part-time. County Administrator Carrie Kipfer said she would review the costs of hiring someone full-time, but she was certain it was considerably more.

The Maine Pretrial Services contract was renewed at the cost of $56,832, the same as fiscal year 2016-17, Brackett said. He also got approval to spend $9,671 for upgrades to one of the cruisers to accommodate Duke, the department’s canine member. The changes will provide heat sensors in the vehicle and open windows automatically if it gets too warm for the dog. The commissioners also approved the hire of Edwin Thelander of Bristol as a reserve deputy. Thelander is a retired Navy Seal. Brackett and two lieutenants will attend the International Chiefs of Police Conference in Philadelphia in late October.

Chief Deputy Rand Maker announced that the department had received a $12,031 grant which will be used to equip transportation and court security deputies with new TASERs. He said the company recommends replacing the equipment after five years, although in the history of the department, only one failed to function, because it was run over after a car accident on Route 1.

The Communications Department will get a new 11 kW generator at the Jefferson Tower site for $5,985, and is reviewing radio coverage on Monhegan Island, which may require an unbudgeted outlay of $3,500 to $5,000, depending on whether or not some equipment can be repurposed to work there. That issue was tabled until the existing equipment could be located and tested.

Lincoln County Regional Planning Commissioners announced a Community Development Block Grant of about $200,000 which will be matched by at least $224,000 from  N.C. Hunt to buy a gas-powered dry kiln at its location in Jefferson, subject to environmental review and a building permit. The new kiln is expected to create eight new jobs at the site.

Kipfer said Susan Hodgdon announced her resignation from the Probate office.