Category Archives: News

News from around the lake.

07 November 2017: Paul A. Kelley Jr. Files for Chapter 7 Bankruptcy

Paul A. Kelley Jr., principal of the now-defunct Pleasant Pond Mill LLC and presumed owner of the Clary Lake dam has filed for Chapter 7 Bankruptcy. This bankruptcy filing is not to be confused with the Pleasant Pond Mill LLC chapter 7 bankruptcy filing last spring. Now Kelley is filing for personal bankruptcy and as such, it’s a real eye-opener: it lists total assets of $283,953.00 (most of which is his house and property in Camden) vs. total secured and unsecured liabilities of $2,097,379.00 (that’s two million, ninety seven thousand, three hundred and seventy nine dollars) of debt including $494,186.00 of money owed to Preti Flaherty which is separate from the $335,000.00 that PPM owes to Preti Flaherty. This brings total legal fees for Kelley and PPM to $829,176.00. Woof.

Things are pretty bleak on the income side of things too with Mr. Kelley (who claims his job is landlord) claiming a monthly income of only $1500 to cover $3,731.00 of monthly expenses. Oh my. He lists 18 creditors (people/entities he owes money to) including DEP, Arthur Enos, Equinox Collection Services, Ford Motor Credit, Medius L3C, and Richard L. Smith. Without further adieu:

The first Meeting of Creditors is going to be November 28, 2017 at 10:00 AM at the Augusta Armory. The bankruptcy trustee is Jeffrey T. Piampiano.

Stay tuned 🙂

26 September 2017: WLO Appeal Briefing Schedule Revised

The briefing schedule for upcoming filings in the Clary Lake Water Level Order Appeal that was included in the August 15th Court Order (see “Clary Lake Water Level Order Appeal Update“) has been revised by the Court in response to a motion filed by counsel for Aquafortis Associates LLC [AQF] on August 30th. In addition to requesting a change to the briefing schedule, the motion also requested an increase in the number of pages allowed in the filings (Maine Judicial Court Rules specify page limits for different kinds of filings). Counsel for AQF cited conflicts with long-standing vacation arrangements for the requested change in filing deadlines. The motion was consented to by DEP (meaning the State did not object to the motion) and the court subsequently issued an ORDER on September 7th granting AQF’s motion in its entirety.

AQF’s  appeal brief was originally due 40 days from August 15th, on or about September 26th. The date for that initial filing is now October 6, 2017. The State’s Response Brief now is due on November 15, 2017 and the Petitioner’s Reply Brief is due December 4, 2017. The ORDER also granted Petitioner’s request for increased page limits.

I was somewhat dismayed (though not particularly surprised) to learn of the change in the briefing schedule since delays seem to be the way this game is played. I was nonetheless glad the filing dates were only pushed out 10 days. What has me scratching my head however is the fact that the MOTION and the ORDER both list Pleasant Pond Mill LLC [PPM] as a petitioner. I assume this is an oversight as PPM was removed from the suit by COURT ORDER on January 25, 2016 and while a few filings in early 2016 listed both PPM and AQF as petitioners, ALL filings in the last year have included only AQF as petitioner.

I don’t expect additional changes to the briefing schedule.

07 September 2017 Lincoln County News: Commissioners Hear about Clary Lake Dam

Last Tuesday September 5th CLA Board member Jane Chase and I and my wife Margaret attended the Lincoln County Commissioners meeting in Wiscasset to update them on the current status of the Clary Lake water level crisis. The meeting which lasted about 30 minutes came about as the result of a chance meeting between CLA President Malcolm Burson and County Administrator Carrie Kipfer at a Midcoast Conservancy function where they discussed the Clary Lake situation. Ms. Kipfer offered to put us on the agenda for the next County Commissioners meeting. Charlotte Boynton, staff reporter for the Lincoln County News attended the meeting and wrote up a short report of the meeting in this week’s Lincoln County News. The article didn’t make it into the online news site, so I’ve scanned a copy of it for our archive:

This is the first time we have met with the Lincoln County Commissioners though likely not the last; the purpose of this first meeting was to bring the Commissioners up to speed with where things stand with Clary Lake and answer any questions they had. They had a lot, and we covered a lot of ground in 30 minutes. While the Commissioners were generally aware of our water level crisis, they were not particularly familiar with many details surrounding the controversy. I found them genuinely interested and concerned, and fully expect they will be keeping a much closer eye on the situation going forward. We did not ask them to take any action at this time.

One minor correction to the article: the caption for the photograph lists the people left to right, and it should be right to left 🙂

September 2017 Whitefield News: Clary Lake Association Petition Delivered to DEP

The September 2017 issue of the Whitefield News has an article on the front page I wrote about the Clary Lake Association’s recent Petition initiative to DEP. The article includes a little background to help give people who are new to town or who haven’t been following the Clary Lake saga an idea of what’s been going on with our Lake. I hope to write for the Whitefield News from time to time.

The Whitefield News is the monthly newsletter of the own of Whitefield and is available free of charge at the Town Office, the North Whitefield Superette, the Sheepscot General, and as a PDF download on the Town of Whitefield website. Here’s a local copy if you have trouble getting it off the Town site:

Clary Lake water level story will run Thursday on “Maine Things Considered”

Most of you have heard that Susan Sharon of Maine Public Radio is doing a story on Clary Lake, I posted about it last week. I had expected a little more notice about when the story was going to run but I only found out this evening that it will probably air tomorrow  (Thursday, 8/31) at 5:30 pm on “Maine Things Considered.” If for some reason it doesn’t air Thursday, then it should be on Friday either on “Morning Edition” (6 am to 9 am daily) or “Maine Things Considered” at 5:30 pm.

If you happen to miss the on-air presentation, don’t worry! The story will be available on the Maine Public Radio website at some point, and I’ll post a link here when I get it.

Keep an eye out here for updates on this story!

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:

23 August 2017: Maine Public Radio is doing a Story on Clary Lake

DSC_4841 (Large)_compressedMaine Public Radio Deputy News Director and General Assignment Reporter Susan Sharon is going to be doing a story on Clary Lake. She came out to Whitefield last Monday to interview me and Malcolm Burson. Her visit included a boat ride to see first hand the impact of our water level crisis on the life and times of Clary Lake. Our tour included a stop on the north shore to meet and interview Kelsie French, long time Clary Lake shore owner with a camp over on Duncan Road in Jefferson. Ms. Sharon’s visit concluded with a stop to see the Clary Lake dam and Clary Mill.

Her story will likely appear sometime within the next week. When I find out the particulars I’ll post them here.

 

 

22 August 2017: CLA Petition to DEP Submitted

I want to thank EVERYONE who signed our petition to DEP and to let everyone know that the Petition which the Board introduced at the Clary Lake Association Annual meeting on August 12th, along with over 350 signatures collected both at the meeting and over the course of the week following the meeting, was hand-delivered to the office of the Commissioner of the DEP yesterday, Monday August 21st, as planned. Looking over the signature sheets I believe ALL Clary Lake Association members managed to sign the petition even if they weren’t at the meeting; quite a few people who are currently out of state printed out the signature sheet, signed it, and mailed or emailed it back to me. A lot of people collected signatures for us, but I’d particularly like to thank Debbie Duncan, Ellis Percy, Malcolm Burson, and Jack and Ann Holland for their efforts to collect signatures. It seems like more often than not, when I asked someone to sign they’d say “Already signed it!” 🙂

It remains to be seen how the Department will respond to the petition and what if anything action they will take towards enforcement of the Clary Lake water level order. They have a variety of enforcement options and while I don’t expect miracles, I am cautiously optimistic they will take this matter as seriously as we do.  I do expect to hear from them and will keep everyone apprised of any developments.

The petition was also sent to the Lincoln County News, Central Maine Papers, and the Portland Press Herald, and I do expect articles to appear later this week in most if not all those papers.

12 August 2017: Annual Meeting a Great Success

Annual Clary Lake Association Meeting, August 12, 2017. Meeting finally underway. About 50 people attended the meeting. Photograph by George Fergusson

The Annual 2017 Clary Lake Association meeting was a great success. I’ll post a thorough update in a few days, but for now I just wanted to get a few pictures online and say THANK YOU!! to all the people that helped make this a great meeting. In particular, many thanks to Erin Grimshaw for hosting the meeting.

 

 

 

These pictures are in the Spring/Summer 2017 Gallery.

Central Maine Papers: David Pond Losing Water

One of our Facebook followers posted the following article to our Facebook page. An interesting read. There are some clear parallels between the situation facing David Pond shore owners and that facing Clary Lake shore owners, but there is a clear and distinct difference: Clary Lake shore owners and friends of Clary Lake (with 2 exceptions, who shall remain nameless) are united in their opposition to the dam owner’s water level management:

Fayette’s David Pond losing water, alarming property owners who want action

 

10 May 2017 Lincoln County News: Despite Bankruptcy, Clary Lake Dam Situation ‘Status Quo’

Lincoln County News staff writer Abigail Adams attended the May 1st bankruptcy meeting of creditors and has written an article about it appearing in this week’s Lincoln County News. It’s a good, factual article but like the recent article in the Central Maine Papers, it incorrectly states that “Medius L3C foreclosed on the dam and held an auction for it in January 2016.” It would be more accurate to say that Medius L3C tried to foreclose on the dam, but failed. Had the foreclosure been successful, someone other than Pleasant Pond Mill would own the property now.

This confusion over foreclosure does nothing to detract from an otherwise accurate and well written article, and I am grateful that the Lincoln County News and the Central Maine Papers are helping keep this slow-motion train wreck in the news:

Despite Bankruptcy, Clary Lake Dam Situation ‘Status Quo’

Continue reading

18 April 2017: Spring Musings and a Look Ahead

firetruck on clary

Isn’t it time to get a dry fire hydrant installed at the inlet of the lake on Route 126?

[dropcap]I[/dropcap] try to keep this news forum factual and informative and not all that speculative. From time to time however I am compelled to offer up some commentary on what has been happening, where we are and where it looks like we are headed. This is one of those times. My goal is to bring some perspective and commonality into our lives where they intersect with Clary Lake and the travails that have assaulted it for so long. Spring is a good time for this kind of musing: it’s a time to wake up, gear up, get in shape, and get ready for another season. I feel this is going to be an important year, that a lot is going to happen. We may not see a resolution of our water level crisis this year but then again we might, the problem being that I really have no idea what a “resolution” might look like. Certainly we’ll see some real progress towards a resolution. Not only am I prepared to be surprised, I expect to be. If one thing has been proven time and time again it is that we have no idea what lies around the next corner. Continue reading

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

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.

 

03 December 2016: Clary Lake Dam Gate Fully Opened Today

kelley_at_dam_12-03-2016

Clary Lake dam owner Paul Kelley, Jr. opening the dam’s gate today, December 3, 2016.

Today the Clary Lake dam owner was seen opening the dam’s gate (pictured at left) shortly after meeting on-site with a Lincoln County Deputy. I have no idea why Mr. Kelley summoned the police to his property or whether it had anything to do with his decision to open the gate today, but I was told by a passerby that he and the officer were seen standing on the road in front of the dam before he opened the gate and that Mr. Kelley looked “upset” and was “waving his arms” and pointing at the dam. I can’t imagine what Mr. Kelley’s problem might be.

The gate has been effectively closed since mid-summer, and I have been wondering if or when Mr. Kelley was going to open the gate this fall to provide the Minimum Flows required in the Clary Lake Water Level Order . Flows vary throughout the year: between November 16th and December 31st the Order says the gate should be opened 0.9 feet to provide 15.5 cfs (cubic feet per second) of outflows. Mr. Kelley has in fact opened the gate all the way, approximately 2.5 feet, letting out way more water than the recommended volume. Clearly, Mr. Kelley had more on his mind today than just meeting the minimum flows requirement, and he isn’t particularly interested in garnering anything like goodwill either. It seems to me Mr. Kelley could use a little of that about now.

By early afternoon the water level in the mill pond behind the dam had fallen noticeably. I’ve revised the Water Level Charts to reflect the change in gate status.

Harvest Potluck Supper Flier

These flyers will be going up around town this coming week. Download one!


Harvest Potluck Supper

a benefit for the

Clary Lake Association

Saturday November 12 at Sheepscot General
from 4:00 to 7:00 PM
$7.00 adults, $3.00 children

Mark your calendars! The Clary Lake Association invites you to join us, the community coming together, lakeshore owners, neighbors, friends, and family alike, for a Harvest Potluck Supper to enjoy each other’s company, good home cookin’ and to celebrate our Lake.

We are still looking for volunteers willing to contribute food: crockpot items, casseroles, salads, desserts, & beverages. People interested in contributing to this event, please contact Margaret Fergusson @ 207-458-3143, Mary Gingrow-Shaw @ 207-622-3308, or Erin Grimshaw @ 207-346-4640.

Hope to see you there! Check for updates on the Clary Lake Association website as the event draws near: https://clarylake.org/