Category Archives: Association News

Posts about Clary Lake Association stuff.

Road Trip!

So who’s planning on attending the hearing in Bangor this Friday? Who’s thinking of it? I think it would be great for a contingent of Clary Lake people put in an appearance. This is the hearing when the Judge will rule on the Sale Motion and if past hearings are any indication, this one promises to be very interesting! If you’re planning on attending, drop me an email and let me know.

The hearing is at the U.S. Federal Bankruptcy Court at 202 Harlow Street, Bangor Me. See the previous post “Bankruptcy Judge to Issue Ruling in Open Court” for more information.

 

17 September 2018: Bankruptcy Judge to Issue Ruling in Open Court

We’ve all been anxiously awaiting a decision from the Bankruptcy Court on the Clary Lake Association’s efforts to purchase the Clary Lake dam from Paul Kelley’s bankruptcy estate. This morning Judge Fagone announced his intention of issuing an Oral Ruling on the Trustee’s Sale Motion in open court at a hearing at 10 AM on Friday September 28th at the United States Bankruptcy Court at 202 Harlow Street, Bangor, Maine. The hearing will be open to the public. A date for a ruling is not the same as a ruling, but I’ll take it. At least now we have an end date for the Sale Motion!

Given how much time has passed since oral arguments back on July 27th, we were all expecting the Judge to issue a written decision but our attorney assures us that Judges issue oral decisions in open court with some frequency. We have every reason to believe the Judge will approve the sale of the Clary Lake dam at that hearing, with the only question being whether he sells us the dam free and clear of the restrictive covenants or approves the sale with the covenants in place. Either way we’ll own the dam. The closing will most likely take place the following week. We have a contingency plan in place to deal with the covenants if the Judge decides not to sell the dam free and clear.

We had not counted on this sale process taking so long, and it remains to be seen whether there is enough time this fall to get the dam permanently repaired or whether we’ll need to wait until next summer for that. Needless to say we’ll do everything we can to get the dam repaired and the lake level restored as quickly as possible.

If anyone is interested in attending the hearing and is looking for a ride, get in touch with me about carpooling!

13 August 2018: The CLA Annual Meeting Happened

The 2018 Clary Lake Association Annual Membership Meeting was held Saturday afternoon at the old MacDonald farm in Jefferson over looking Clary Lake, now the home of Jessie Spector and Logan Higger and the site of Sowbelly Butchery While  attendance was somewhat less than usual, the meeting was nonetheless a great success. The highlight of the meeting clearly was having our bankruptcy attorney Randy Creswell who drove up from Portland, speak about the bankruptcy sale process and answer questions. We had hoped/expected to own the Clary Lake dam before now so it was very helpful for Mr. Creswell to explain the bankruptcy sale process in general, why this particular asset sale was taking so long, and what to expect. We remain optimistic that we will own the Clary Lake dam soon.

Membership is now up to 105, well ahead of where we were this time last year. We’re heading for 150. The 2018/2019 Membership year has started. If you haven’t already joined, please get your dues in as  soon as you can!

For some reason I neglected to take any pictures at the meeting. Many thanks to Jessie & Logan for letting us use their barn. It was a perfect venue.

Annual Membership Meeting Reminder This Saturday!

A quick reminder that our 2018 Annual Membership Meeting is this coming Saturday, August 11th at 2:00 PM at Derby Oak Farm in Jefferson (the old John Robert MacDonald farm). Here’s a Google Map showing where it is. If you haven’t already paid your 2018/19 dues, plan to arrive early so you can take care of that before the meeting starts! We’ll have a registration desk set up about 1 PM. Alternatively you can sign up or renew your membership on line via PayPal. Whatever works for you! Our membership goal for this year is 150 and we’re currently at 88.

There will be some seating provided, but consider bringing a folding chair or 2. Also don’t forget there’s a pot luck supper at the conclusion of the meeting so consider bringing something to eat. If you can’t bring food, at least bring your appetite!

In preparation for the meeting (and just in time too!) I have finished the minutes from last year’s 2017 Annual Membership Meeting and also minutes for the Special Membership Meeting held this past April 4th. You’ll find both on the Membership Meeting Minutes page. Both sets of minutes will be presented for review and comment at the annual meeting. Normally I try to get meeting minutes finished and posted sooner but this past year, especially the last 6 months, have been pretty hectic.

We had expected that we would not only own the dam by the time our Annual Meeting arrived but that it would be fixed and impounding water again but it looks like that will not be the case. We’re still waiting for the Bankruptcy Judge to issue his Decision and Order on the Sale Motion after the hearing back on July 27th. Who knew this bankruptcy sale would take to long? While there’s still a chance that the Judge will rule before the end of the day Friday, I’m not going to hold my breath. It will happen when it happens, and I am if anything, patient. I am confident that the Judge WILL rule soon and that we WILL soon own the dam.

Hope to see you on Saturday!

Invasive Milfoil Confirmed in Cobbosseecontee Lake

We really need an invasive plant patrol program here on Clary Lake.


Breaking News From
Maine Department of Environmental Protection
Invasive Milfoil Confirmed in Cobbosseecontee Lake
Rapid response aims to keep plants in check

AUGUSTA, August 7, 2018

– Maine Department of Environmental Protection (DEP) has confirmed growth of Eurasian water milfoil (Myriophyllum spicatum) in the north end of Cobbosseecontee (aka Cobbossee) Lake in Winthrop.  The plant was discovered in July by Friends of Cobbossee Watershed (FOCW) plant surveyors.  DEP, FOCW and Cobbossee Watershed District have searched for and removed plants since last month’s discovery.   Continue reading

27 July 2018: Final Sale Motion Hearing Audio, No Ruling Yet

Oral arguments of the Final Sale Motion hearing took place today before U.S. Bankruptcy Court Judge Michael Fagone. Trustee Jeffrey Piampiano was represented by attorney Kaitlyn Husar, the Clary Lake Association [CLA] was ably represented by attorney Randy Creswell, and Richard Smith and Aquafortis Associates LLC [AQF] were represented by attorney Louis Carrillo. The Trustee and CLA were to receive 40 minutes combined to present their arguments in support of the Sale Motion, which time was to be split roughly equally between them. Attorney Carrillo was to be given 40 minutes to present his arguments supporting Smith’s and AQF’s objections to the Sale Motion. Finally, the Counsel for the Trustee was to be given 10 minutes for rebuttal. In fact, each party went over their time limits a little bit. Also present at the hearing representing the Maine DEP was Assistant Attorney General Scott Boak and co-counsel Kevin J. Crosman. The hearing started promptly at 10 AM and lasted about 2 hours. No ruling was issued today: after hearing the oral arguments, Judge Fagone took the matter under advisement and said he will issue his Decision and Order just as soon as he can. While I had hoped for a ruling from the bench today, the Judge was presented numerous cases to review and that was far more than he could be expected to do today.

I thought counsel for the Trustee and counsel for the CLA did a GREAT JOB of presenting their arguments, and I thought counsel for Smith and AQF was way out of his comfort zone did an incredibly lousy job of presenting his arguments, but don’t take my word for it, listen to the hearing audio and decide for yourself. Continue reading

26 July 2018: Final Sale Motion Hearing Tomorrow

A quick reminder: oral arguments on the Final Sale Motion are scheduled for tomorrow morning at 10 AM at the U.S. Bankruptcy Court in Portland. This will be the 4th and presumably final hearing on the proposed sale of the Clary Lake dam to the Clary Lake Association. You can read the original post about the hearing for more information (see Final Sale Motion Hearing Scheduled). I will be attending the hearing, and will post the outcome here as soon as I can. Stay tuned.

23 July 2018: Membership Update

Renewals and new memberships for the upcoming 2018/2019 Membership year have been arriving steadily. We’re currently at 79 which is more than half way towards our goal of 150 for the upcoming year, and well ahead of where we were at this time last year. This is very gratifying!

Many people choose to join or renew at the Annual Meeting which is fine, but please keep in mind that the meeting will start promptly at 2:00 PM so if you intend to sign up that day, please arrive early! We’ll have the registration desk setup up at 1:00 PM. This year’s meeting should be pretty exciting. You won’t want to miss it!

16 July 2018: CLA Welcomes Its Newest Water Quality Monitor

Kelsie_Monitoring3Please join me in welcoming our newest Water Quality Monitor, Kelsie French! Kelsie and her brother Jeffrey own a camp over on Duncan Road and have been long time supporters of the Clary Lake Association. Kelsie has been helping out from time to time and last Saturday successfully completed the Lake Stewards of Maine (formerly the Maine Volunteer Lake Monitor Program) training for, and has been certified qualified for taking, Secchi Disk Transparency readings and Total Phosphorus Surface Grabs. Next up is getting certified on the use of our YSI Dissolved Oxygen meter. Ever two weeks from (usually) late April until late October we venture out onto the lake to record water temperature, transparency, and dissolved oxygen data. This information is sent into the VLMP and also gets posted on our Clary Lake Water Monitoring Data page. Transparency data is also posted on the “Near Real-Time Lake Data.”

Kelsie_MonitoringWe now have 4 active water quality monitors on Clary: David Hodsdon (CA# HO-0042), Jack Holland (CA# HO-0551), George Fergusson (FE-2648), and Kelsie French (CA# FR-2497). The pictures on this post were taken back on July 7th.

24 June 2018: Update on Clary Lake Dam Purchase Initiative

Late last week we sent a letter out to our membership with an update on the Clary Lake dam purchase effort explaining where we are, what’s up ahead, and what to expect. We also sent the letter out by email to those members for whom we have email addresses, just to get the message out a little faster. If you’re a member and have given us your email address but did NOT receive the email, please check your spam folder! I’m not sure why, but typically only about 2/3 to 3/4 of the emails we send actually get opened, though in the unsolicited email world, that’s actually a pretty high response rate. Now that most people have received the letter, we wanted to post it here for general consumption since there are a lot more people than just CLA members who are anxiously awaiting news:


Dear Clary Lake Association Member:

At a hearing in Federal Bankruptcy Court in Portland on June 7, the judge approved bid procedures for the sale of the Clary Lake dam and scheduled a deadline for objections and bids of Noon on June 28. The court also scheduled a July 5 hearing date to act on the Sale Motion. Sale of property by a Bankruptcy Court is done by public auction, and we started the bidding process with our $80,000 offer for the dam when the Sale Motion was filed back on May 22. Anyone wishing to bid on the dam has until Noon on Thursday, June 28 to submit their bid along with a $20,000 cash deposit and further evidence of their ability to pay should they win the auction. The minimum bid required to beat our $80,000 offer has to be at least $93,400, an amount set in advance by the court (subsequent bids have to be at least $1000 higher than the previous bid). Should someone submit a valid bid before the deadline, an auction will be held at 2 PM on June 28 at the offices of Drummond Woodsum in Portland. If there is going to be an auction, we intend to take part in it.

We have never thought there would be any competing bids for the Clary Lake dam given the costly repairs, the underground tank (see below), and the Water Level Order which as been recently upheld by the Lincoln County Superior Court. Nonetheless, the Board feels and our attorney agrees that we would be remiss not to be prepared to respond should a bidder surface on June 28. At a meeting on June 14 the Board reaffirmed its commitment to owning the dam and agreed to compete in such a bidding process should the need arise.

We do want you to know that in the event that we are forced to bid higher in order to buy the dam, it will be necessary for us to raise additional funds so the repairs can go forward in a timely manner. You have already been incredibly generous, and we currently have no plans for a new fund raising campaign. However, if any of you have suggestions for additional funds that the Board might pursue, or might be willing yourself to contribute again, please let me or Secretary Fergusson know confidentially.

We fully expect the sale of the dam to the Clary Lake Association to be approved by the Court on July 5, and we plan to go ahead this summer with permanent repairs to the dam. To this end we have been working with an experienced contractor. On or about July 1st we’ll file the required Permit By Rule application with DEP to cover the work on the dam, which should commence around July 15 and take 2-3 weeks. As soon as we actually own the dam we’ll also be filing the necessary paperwork with DEP to transfer the Water Level Order to the Association. All Clary Lake shore owners and people who own land directly across the road from the lake will receive a notice in the mail of this proposed transfer this week. A legal notice will also appear in the Lincoln County News on June 21.

You may also have heard of the discovery of an abandoned fuel storage tank on the dam property. This tank was abandoned in the early 1960’s, we think, and by law must be removed at the land owner’s expense. In theory it would be Pleasant Pond Mill LLC’s responsibility to deal with the tank but given that Mr. Kelley is in bankruptcy, that’s just not going to happen. We didn’t learn about the tank until after fundraising was already well underway, and after some investigation we concluded that it was not going to be an insurmountable obstacle to our purchase of the dam.

The Board is confident that we will be successful in our attempt to purchase the Clary Lake dam! We will send out an update immediately following the Court ruling on July 5th or when more information becomes available. Also keep an eye on the CLA website as we’ll likely post updates there as well. If you have questions, please get in touch.

Respectfully,

Malcolm Burson, President
Clary Lake Association


We’ve already received some favorable feedback from members affirming that yes, they want the dam, they want it fixed, and they want it soon and they’re willing to donate more money if necessary to accomplish our goal.

Roberta Dow Giampetruzzi 1924-2018

Roberta Dow Giampetruzzi 1924-2018

CASCO – Roberta Dow Giampetruzzi, 93, passed away peacefully at her daughter, Nina’s, home on Panther Pond in Raymond, during the early morning hours of Friday, May 25, 2018. Roberta was the first child of Mildred Plummer Dow and Robert E. Dow born Oct. 13, 1924. She was born in Brunswick and raised in Augusta. She had one sister, Arolyn Dow Antognoni.

From an early age Roberta demonstrated a strong curiosity or learning and academics and a force of will to set and accomplish goals. She often recalled with pride an early success to become the first chair violinist in the Cony High School orchestra. She received Bachelor of Arts Degree in Romance Languages from the University of Maine, Orono. 

Roberta met Nino Giampetruzzi at UMO and they married in 1946. She was a devoted mother and raised six children: Janet Blessing, Peter (Sue), David (Carol Sue), Nina (Robert) Kamman, Robert (Joann) and Steven (Ann). They made their home on Center Street in Portland where Nino owned and operated Felice’s Market. Continue reading

The Summer 2018 Newsletter is in the Mail!

No really! The Clary Lake Association’s Summer 2018 Newsletter went in the mail last Thursday afternoon and I have just added it to the Newsletter Archive. Many of you will have received it by now and you might notice it’s only 4 pages this year rather than the usual 6, that’s because a) I got a late start on it and b) I’ve been too “dam” busy,  if you catch my drift. Actually it’s always been a challenge for me to write copy for the newsletter, and I’d love to have people contribute in the future. If you’d like to help out with or contribute to future newsletters, consider joining the Newsletter Committee. Contact me and we can talk about it. Eventually I’d like to get back to sending two newsletters per year. Continue reading

25 May 2018: Rest In Peace, Roberta Giampetruzzi

I got a call this afternoon from my old friend, Robert Giampetruzzi. He called to tell me that his mother, Roberta Giampetruzzi died last night after losing a battle with Alzheimer’s disease. She was 93.

Robert and I are roughly the same age with birthdays only a few weeks apart. We met in the summer in 1957 or 1958 when our parents arranged for Robert and I to share a birthday party together. I can still remember the gathering in the garage by the middle cottage. Robert and I became close friends and spent our summers growing up together on and around Clary Lake, swimming, fishing, boating, and camping out, and, as boys will occasionally do, getting in trouble. Roberta was like a second mother to me and she treated me like one of her own children. And boy could she cook! “Life’s too short not to be Italian” she’d say.

One summer when I was 12 or 13 Robert and I were horsing around as boys will, and I fell out of a tree and broke my arm. Roberta comforted me, wrapped my arm up in a folded newspaper, and delivered me down the road to my parents who took me to Gardiner General to get my broken arm set.

Robert said he’d send me a picture of Roberta and an obituary when it’s ready, which I will post here. Roberta has been a generous member of the Clary Lake Association for as long as I can remember, and I wanted to post something immediately to let people know of her passing.

15 May 2018: “Buy the Dam” Fundraising Campaign Officially Ends

Today (May 15, 2018) marks the official end of our Spring 2018 “Buy the Dam” fundraiser and we would like to publicly acknowledge and thank our (anonymous) matching donors and by name, those other individuals, members and non-members alike, who have helped make our campaign such an outstanding success. We have reached our fundraising goal of $125,000 and we are extremely gratified by the outpouring of support for our efforts to buy the dam and protect and preserve Clary Lake. Donations arrived not just from people in our local communities of Whitefield and Jefferson, but also from people from elsewhere around Maine, and around the Country. Donations are expected to continue to arrive over the coming weeks, and the funds will be put to good use. There will be more work to do, and ongoing recurring expenses that need to be covered so if you haven’t yet donated, it is not too late! Continue reading

30 April 2018: Check Your Spam Folder!

I’ve sent emails to our Membership 3-4 times in the past few months including one yesterday afternoon. Generally only about 3/4 of them get opened. Now, by unsolicited commercial email standards (a.k.a. Spam) that’s a fantastic open rate, but I’m not sending spam,  I’m providing important news and updates of special interest to our Members and if possible I’d like to see ALL of the emails opened. If you are a Clary Lake Association member and you haven’t seen any emails from us in recent weeks, chances are the emails are getting dumped into your spam folder. So first, check your spam folder! You may have to train your email program that emails received from webmaster@clarylake.org are not spam (generally you just open the message and click the “not spam” button). The other possibilities are that we either don’t have your email address (19 of our current 138 members have not provided us with an email address) or we have the wrong address. None of our emails have bounced, but not all mail hosts still bounce bad addresses; some do, some don’t. Therefore, if you are a CLA Member, have an email address but haven’t received any emails from us, please email me!

26 April 2018: Fundraising Continues, New Matching Donor Found

We’ve been busy! Our original matching donor cut off at $45,000. We have actually managed to secure another matching donor (who also wishes to remain anonymous) who will match up to an additional $10,000 worth of donations! Seeing as how we’re currently at almost $107,000, an additional $10,000 in donations along with these new matching funds will push us over the top of our phase 2 fundraising goal of $125,000. This means we should be able to make permanent repairs to the Clary Lake dam this summer, rather than having to wait a year. Our fundraising success has been incredibly gratifying and shows just how much people want this water level crisis to end. If you haven’t donated to our fundraising campaign yet, please consider doing so at your earliest opportunity. Checks may be sent to:

Clary Lake Association
PO Box 127
Whitefield ME 04353

Alternatively you can visit our Donate to the Association page and donate via Paypal.

We’re making progress towards purchasing the Clary Lake dam from the Bankruptcy Court, but it’s slow going just now. We’ll provide more updates as information becomes available. Your patience is appreciated.

21 April 2018: CLA Fundraising Campaign Extended

We reached our initial Phase 1 fundraising goal of $90,000 much sooner than expected and while the Board hadn’t discussed trying to raise additional funds for permanent repairs so soon, it only makes sense that we maintain our forward fundraising momentum and move right into Phase 2 fundraising without delay! We needed the initial funds to purchase the dam in a relative hurry, however Phase 2 fundraising can proceed at a somewhat more leisurely pace. The money is to pay for engineering services and for permanent dam repairs which we won’t need to spend for a while. We have only begun working on getting prices and we won’t have a firm budget for the work yet. However, some preliminary estimates we’ve received indicate we’ll need at least $30,000 for this second and final phase of effort, possibly more, hence a new fundraising goal of $125,000. We may need to revise that figure upward but for now it seems like both a realistic goal and an achievable one. I haven’t felt the need to reset our donation thermometer and have instead just added $35,000 to the original $90,000 goal giving a new goal of $125,000. The money all goes into the same pot, so to speak. Any money left over after permanent repairs are completed will be use to fund ongoing dam maintenance and repairs. Owning the Clary Lake dam is a big commitment and we’re taking it seriously. Continue reading

19 April 2018: We Have Reached Our Phase 1 Fundraising Goal!

In only two short weeks of fundraising we have met our phase 1 goal of $90,000!!!! Many, many thanks to everyone who contributed,  and special thanks to our patron who has matched donations dollar for dollar. I’m truly grateful for the outpouring of support, financial and otherwise, shown by our members, other lake shore owners, and friends of Clary Lake in the surrounding community.

However, our fundraising efforts haven’t ended with this early victory, in fact we’ve really just begun so please, if you have intended to make a donation but just haven’t gotten a round to it yet, please do so at your earliest opportunity! We plan to make temporary repairs to the dam as soon as we own it, but some unanticipated expenses and the need to make permanent dam repairs not too far down the road means we’re going to need more money before long. The more money we can raise now, the sooner we can move on to that next phase.

Our rapid fundraising success has actually caught us a little flat-footed as we still have a lot to do as we move forward with purchasing the Clary Lake dam. The Board is working diligently on multiple fronts. Stay tuned for developments!

11 April 2018 Lincoln County News: Clary Lake Group Raising Funds to Purchase Dam

There is an article in this week’s Lincoln County News by staff writer Greg Foster about our plan to purchase the Clary Lake dam. It is for the most part factually accurate which is particularly impressive given the both complexity of this story and Mr. Foster’s being relatively new to it. The part about the CLA making an offer on the little red building sitting on the dam was really just me daydreaming out loud, something one probably shouldn’t do when being interviewed for a newspaper story! For the record, the Association currently has no plans to make an offer on the red building:

Clary Lake Group Raising Funds to Purchase Dam

Can’t beat the publicity: I was at the check out at Sheepscot General this evening when someone came up to me and gave me a $10 bill saying it was to help purchase the Clary Lake dam 🙂

I’ve archived a PDF copy of the article should you have trouble getting it off the Lincoln County News site: