Yesterday afternoon Richard Smith and Aquafortis Associates LLC [AQF] together filed objections to the the sale motion and motion for substantive consolidation filed by the Bankruptcy Trustee in the Paul A. Kelley Jr. Bankruptcy proceeding back on May 22nd. The deadline for objections was actually the previous day, Tuesday, June 5th. Smith and AQF are representing themselves (pro se). There is a hearing on the bid procedures and the motion for substantive consolidation today at 2:00 PM in Portland, which I will be attending. I’ll provide an update on the hearing as soon as I can. Here, without comment, is the latest filing:
Category Archives: Clary Lake Dam
25 May 2018: Motion to Sell Filed in Bankruptcy Court
And we’re off! On May 22nd after weeks of preparation, Bankruptcy Trustee Jeffrey T. Piampiano, Esq. has finally filed with the United States Bankruptcy Court a Motion to Sell the Clary Lake dam to the Clary Lake Association. The Trustee also filed at the same time a “Notice of Sale and Invitation to Bid Motion” and a “Motion for Substantive Consolidation” (more about this later). A hearing has been scheduled for June 7th at 2:00 PM at the United States Bankruptcy Court at 537 Congress Street in Portland Maine to consider the proposed bid procedures and act on the Motion for Substantive Consolidation. Objections to the motions must be filed by June 5th. A hearing date for the Sale Motion proper will be set at the June 7th hearing for sometime later in June, presumably also in Portland, though that remains to be seen. All of these hearings are open to the public should you want to attend. I’ll post the Sale Motion hearing date, time, and place as soon as it has been scheduled. Assuming the Judge approves the Sale Motion, we should own the Clary Lake dam before the end of June 🙂 Continue reading
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
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.
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:
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:
07 April 2018 Centralmaine.com: Fundraising starts to buy Clary Lake dam in Whitefield
There is an article in this morning’s Centralmaine.com newspapers (Kennebec Journal, Morning Sentinel) by Staff writer Jessica Lowell. There are a couple of minor inaccuracies but all in all it’s a good article, and GREAT publicity. It’s also nice to see they finally got some new pictures to go with their Clary Lake articles:
I thought I was smiling 🙂
Here’s an archived copy in case at some point in the future you can’t get to the on line version:
05 April 2018: And We’re Off!
More than 30 people showed up for the April 4th Special Membership Meeting to vote on purchasing the Clary Lake dam. The vote passed with overwhelming support. We also had over 100 proxy ballots on hand. Photograph by George Fergusson 04 April 2018
At a Special Clary Lake Association Membership Meeting held last night (picture at left) the Membership overwhelmingly voted to approve the purchase of the Clary Lake dam from the dam owner’s bankruptcy estate for $80,000 and has further authorized the Board to raise and spend the money necessary to make it happen. To that end, we have begun fund raising in earnest. Our current goal is to raise at least $90,000 by May 15th and hopefully much sooner. That figure includes funds for settlement costs and temporary dam repairs so we can start managing the water level to comply with the DEP Water Level Order. If for some reason the sale does not receive Bankruptcy Court approval, all donated funds will be returned, but the chances of that happening are slim. Let’s think positive and get to work! Continue reading
05 December 2017: Medius L3C has been Administratively Dissolved
From the For What It’s Worth department: Medius L3C, the low-profit, limited liability company named after your middle finger which currently owns the mortgage on the Clary Lake dam is in administrative dissolution for failure to file it’s 2017 Annual Report. All Maine corporations are required to file annual reports by June 1st every year, in order to maintain their good standing. According to documents available on the Maine Secretary of State’s website, the company was notified of its failure to file its annual report by letter dated June 23rd. The corporation was administratively dissolved on August 28th as per letter from the Secretary of State. A company that has been administratively dissolved continues its corporate existence but may not transact any business in this State except as necessary to wind up and liquidate its business and affairs. Corporations that have been administratively dissolved can reinstate their companies by late-filing the annual report along with the $85 filing fee and a $150 reinstatement fee. Corporations can exist in this administrative limbo for up to 6 years. Continue reading
09 October 2017: The Beavers Are Back
The water level of Clary Lake has effectively bottomed out this fall about a foot higher than it did last fall. I know the outflow rate has been slowed down considerably as a result of thick vegetation in the outlet channel, but that still didn’t explain why the lake hasn’t fallen as low as expected. Today I discovered why: beavers have begun to block the channel at the downstream end of the Narrow Gauge Railroad abutment located at the head of the mill pond (picture at left). The small dam is only about one foot tall but it is already holding back Clary Lake.
Sadly, I don’t think the beaver responsible for this new dam are going to get a chance to build it much higher: beaver trapping season in this area starts October 29th, and this morning I saw Richard Smith, owner of Aquafortis Associates LLC standing on his side of the Narrow Gauge Railroad abutment talking with someone who looked like (and drove the same red Ford pickup truck as) the person they hired last March to trap out the beaver that had been working to plug up the outlet gate last winter. At least he was driving the same red Ford pickup truck.
While up at the narrow gauge abutment looking at the new beaver dam, I happened to notice that Kelley and Smith have put a tarp over one side roof of the red building (at left) and fastened it down with battens. Nice to see them maintaining their property.
Finally, as I was walking back to my car, I noticed that the gate which has normally been obscured by weeds was fully visible, so I took a picture of it (at left). I’ve known all along that the 34″ diameter gate was partially obstructed, but I always thought is was blocked by a log or rocks or something. However, the picture clearly shows that the gate was built that way: the ‘obstruction” is actually made of steel and completely blocks the bottom third of the gate.
These pictures have been added to the Fall 2017 Photo Gallery.
27 August 2017 Centralmaine.com: Whitefield and Jefferson residents list frustrations in petition to DEP
There is an article in today’s Centralmaine.com papers by staff writer Jessica Lowell about the Petition we submitted to DEP last week. The article is in the Kennebec Journal, the Morning Sentinel, and was also picked up by the Portland Press Herald. I love all the publicity! Everywhere I’ve been this week people are mentioning Clary Lake, the petition, and asking me what’s new:
Whitefield and Jefferson residents list frustrations in petition to DEP
I assume the “good faith effort by DEP to bring relief to the residents around Clary Lake” referred to by DEP spokesperson David Madore was the 13 or so months of court-ordered mediation that ended in March 2015. The Notice of Violation (NOV) mentioned was subsequently issued in late September 2015.
My only complaint about the article: they could have used a new photograph! They’re still using a picture included in a story from August 2015.
23 August 2017 Lincoln County News: Petition Calls on DEP to Enforce Clary Lake Water-Level Order
There’s an article in this week’s Lincoln County News by Staff Reporter Abigail Adams about the Petition we filed with DEP on Monday, August 21st. It’s a detailed and timely writeup. Ms. Adams includes a comment from David Madore, DEP Spokesperson, to the effect that “the petition is under review.” The CLA Board has yet to get a response to the Petition from the Commissioner’s office.
I’ve archived a copy of the article should you have trouble getting it off the paper now, or in the future:
25 March 2017: Update on Pleasant Pond Mill Bankruptcy Filing
I have learned some details of the Pleasant Pond Mill LLC bankruptcy filing. First, it is a Chapter 7 bankruptcy which means the company and its assets will be liquidated by the Bankruptcy Court. Pleasant Pond Mill LLC [PPM] is being represented by a Portland attorney that specializes in bankruptcies. PPM will not emerge from this bankruptcy as a reorganized company; this is the beginning of the end of Pleasant Pond Mill LLC. Rest assured that while this action will wipe out PPM’s debt and dispose of its property, the bankruptcy will have no effect on the Clary Lake Water Level Order [WLO] which is and will remain in force, if not actually enforced, until the pending appeal in Superior Court is finished. Likewise, that litigation will not be affected by this bankruptcy because PPM and Paul Kelley are no longer parties to that appeal. Remember: the WLO runs with the land, not the owner; the new owner of the Clary Lake dam, whomever that is, will be subject to the WLO. Continue reading
22 March 2017: Pleasant Pond Mill LLC Files For Bankruptcy
Based upon a letter hand delivered by Paul Kelley to the Lincoln County Superior Court yesterday, March 21, 2017, it appears that Clary Lake dam owner Pleasant Pond Mill LLC has filed for Bankruptcy. I picked up a copy of the letter today (see below). The letter doesn’t offer much information so it is not known at this time what kind of bankruptcy Mr. Kelley is pursuing. We’ll just have to wait and see! There are 2 kinds of bankruptcy available to corporations in Maine and the type chosen depends on whether one intends to liquidate (Chapter 7) their company, or attempt to reorganize it (Chapter 11).
29 January 2017: A Few Aerial Photographs
My friend Damon Meyer was out and around in his light plane over the weekend and took a couple of nice aerial photographs of the Clary Mill and Clary Lake dam. You can see quite a bit of detail in them. I hope to catch a ride with him one of these days so I can get some more pictures and video of Clary Lake.
21 January 2016: Paul Kelley Introduces himself to the Whitefield Selectboard
Paul Kelley attended the regularly scheduled open (public) meeting of the Whitefield Selectboard on the evening of January 17th to discuss with them issues he has with some Town records, in particular certain Planning Board Meeting minutes. Reference may be had to the following letter which he presented to the Board in open session, which clearly explains his concerns, and what he would like to Town to do about them.
Here is the letter, presented without further comment:
Kelley Letter to Whitefield Selectboard January 17, 2017
It is not clear whether the Town intends to respond to this letter.
05 December 2016: Update on the Recent Police Visit to Clary Lake Dam
I spoke to a Lieutenant with the Lincoln County Sheriff’s Department today to see if I could find out more about the Lincoln County Deputy’s visit to the Clary Lake dam that I wrote about last Saturday. All the Lieutenant would tell me was there had been a complaint made of “criminal trespass” by Mr. Kelley and that he couldn’t say more at this time due to the ongoing investigation. I thanked him and hung up.
I have collected a little additional information about what was going on that Saturday morning by the dam, from talk around town. Apparently very early Saturday morning while it was still dark, some duck hunters parked two trucks in the field next to the fence near the dam, on property Jane Chase is caretaker of. Presumably they then launched their canoes and headed upstream to hunt. I know there were hunters up in the meadow that morning because I heard gunshots from that direction about 6:30 AM while I was having my first cup of coffee. Several people reported seeing those 2 trucks parked there later in the morning. They were long gone by the time I drove by around 1PM and saw Mr. Kelley talking to the police officer.
Did Mr. Kelley really call the police because some duck hunters parked their trucks on the neighbor’s property and headed upstream to hunt, or was something else going on? We may never know. I doubt we’ll hear much more about what happened Saturday unless there’s something in this week’s Lincoln County News. So move along folks, nothing to see here.