From dan at dangingras.net Fri May 8 10:44:40 2015 From: dan at dangingras.net (Dan Gingras) Date: Fri, 8 May 2015 12:44:40 -0400 Subject: [Board] IMPORTANT - Pepperell Cove Moorings Message-ID: <001001d089ae$47a1df50$d6e59df0$@dangingras.net> Paul Goldberg and I went to the Kittery Port Authority meeting last night, and were disappointed in the comments from the Authority members relative to our moorings. This issue arose because they thought the Corps of Engineers had ruled that our moorings were in the Federal Navigation Project ("FNP") and needed to be removed. We had previously met with the harbormaster and showed him the resolution letter from the COE, and he presented this to the board. Unfortunately this opened a can of worms There were several comments from members, specifically Steve Lawrence indicating that they thought they should take our moorings. I did speak about the history, and clearly indicated that we were in compliance with the COE's regulation as we were grandfathered. Unfortunately this did not settle the matter, and they have scheduled a discussion at the next port authority meeting (June 12th) . I did speak to the Chairwoman, Kelly Philbrook who indicated that she did not think they had the authority to simply "take" the moorings, and she didn't think they had the votes to do so. I indicated that while we were more than willing to work with the Port Authority, I had an obligation to take appropriate action, including legal action, to protect the rights of the members of PYC. I will add this to the agenda for our next meeting, but in the meantime, I have asked P/C Goldberg and P/C Gebow to begin looking into our options, including an informal conversation with our lawyer about how to approach the matter. I suggest that an appropriate approach would be to ask Dana Bisby, our Lawer to draft a letter to the Port Authority asking them to specify the rules or regulations under which they could "seize" our moorings, and to put them on notice that we are prepared to defend our rights under law to whatever extent is necessary. I do not think a "soft" approach will work at this point. Former Port Authority chairman Milton Hall was also in attendance and spoke in our defense and warned the authority that this matter would likely end up in court if they tried to act illegally. Please let me know y our thoughts on this matter and let's discuss it on Thursday. Dan -------------- next part -------------- An HTML attachment was scrubbed... URL: From proy at proconinc.com Fri May 8 10:55:44 2015 From: proy at proconinc.com (Paul Roy) Date: Fri, 8 May 2015 16:55:44 +0000 Subject: [Board] IMPORTANT - Pepperell Cove Mooring Update In-Reply-To: References: Message-ID: Dan, I am all for having our attorney draft a letter address this, I would also like for it to include that we will be going after them for all fees and costs associated with this. This is an undue nuisance and baseless action which should be dealt with the strongest terms possible. Paul W. Roy Director of Business Development | Client Services 603.623.8811 ext 243 603.396.2352 cell proy at proconinc.com [Description: PROCON Logo email signatuure 2] From: Dan Gingras [mailto:dan at cabot-mckenzie.com] Sent: Friday, May 08, 2015 12:32 PM To: Board of Directors Cc: 'Goldberg, Paul (levanter at aol.com)'; 'junipersc at comcast.net' Subject: IMPORTANT - Pepperell Cove Mooring Update Importance: High Paul Goldberg and I went to the Kittery Port Authority meeting last night, and were disappointed in the comments from the Authority members relative to our moorings. This issue arose because they thought the Corps of Engineers had ruled that our moorings were in the Federal Navigation Project ("FNP") and needed to be removed. We had previously met with the harbormaster and showed him the resolution letter from the COE, and he presented this to the board. Unfortunately this opened a can of worms There were several comments from members, specifically Steve Lawrence indicating that they thought they should take our moorings. I did speak about the history, and clearly indicated that we were in compliance with the COE's regulation as we were grandfathered. Unfortunately this did not settle the matter, and they have scheduled a discussion at the next port authority meeting (June 12th) . I did speak to the Chairwoman, Kelly Philbrook who indicated that she did not think they had the authority to simply "take" the moorings, and she didn't think they had the votes to do so. I indicated that while we were more than willing to work with the Port Authority, I had an obligation to take appropriate action, including legal action, to protect the rights of the members of PYC. I will add this to the agenda for our next meeting, but in the meantime, I have asked P/C Goldberg and P/C Gebow to begin looking into our options, including an informal conversation with our lawyer about how to approach the matter. I suggest that an appropriate approach would be to ask Dana Bisby, our Lawer to draft a letter to the Port Authority asking them to specify the rules or regulations under which they could "seize" our moorings, and to put them on notice that we are prepared to defend our rights under law to whatever extent is necessary. I do not think a "soft" approach will work at this point. Former Port Authority chairman Milton Hall was also in attendance and spoke in our defense and warned the authority that this matter would likely end up in court if they tried to act illegally. Please let me know y our thoughts on this matter and let's discuss it on Thursday. Dan -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: image003.png Type: image/png Size: 11760 bytes Desc: image003.png URL: From dswajda at comcast.net Fri May 8 11:59:15 2015 From: dswajda at comcast.net (David S Wajda) Date: Fri, 8 May 2015 13:59:15 -0400 Subject: [Board] IMPORTANT - Pepperell Cove Mooring Update In-Reply-To: References: Message-ID: <4399576B-E2D7-4AEB-83FB-C93455825F51@comcast.net> I agree with Paul - we have been battling this issue and others with them for years. Sent from my iPhone > On May 8, 2015, at 12:55 PM, Paul Roy wrote: > > Dan, I am all for having our attorney draft a letter address this, I would also like for it to include that we will be going after them for all fees and costs associated with this. This is an undue nuisance and baseless action which should be dealt with the strongest terms possible. > > Paul W. Roy > Director of Business Development | Client Services > 603.623.8811 ext 243 > 603.396.2352 cell > proy at proconinc.com > > > > From: Dan Gingras [mailto:dan at cabot-mckenzie.com] > Sent: Friday, May 08, 2015 12:32 PM > To: Board of Directors > Cc: 'Goldberg, Paul (levanter at aol.com)'; 'junipersc at comcast.net' > Subject: IMPORTANT - Pepperell Cove Mooring Update > Importance: High > > Paul Goldberg and I went to the Kittery Port Authority meeting last night, and were disappointed in the comments from the Authority members relative to our moorings. This issue arose because they thought the Corps of Engineers had ruled that our moorings were in the Federal Navigation Project (“FNP”) and needed to be removed. We had previously met with the harbormaster and showed him the resolution letter from the COE, and he presented this to the board. Unfortunately this opened a can of worms There were several comments from members, specifically Steve Lawrence indicating that they thought they should take our moorings. I did speak about the history, and clearly indicated that we were in compliance with the COE’s regulation as we were grandfathered. > > Unfortunately this did not settle the matter, and they have scheduled a discussion at the next port authority meeting (June 12th) . I did speak to the Chairwoman, Kelly Philbrook who indicated that she did not think they had the authority to simply “take” the moorings, and she didn’t think they had the votes to do so. I indicated that while we were more than willing to work with the Port Authority, I had an obligation to take appropriate action, including legal action, to protect the rights of the members of PYC. > > I will add this to the agenda for our next meeting, but in the meantime, I have asked P/C Goldberg and P/C Gebow to begin looking into our options, including an informal conversation with our lawyer about how to approach the matter. I suggest that an appropriate approach would be to ask Dana Bisby, our Lawer to draft a letter to the Port Authority asking them to specify the rules or regulations under which they could “seize” our moorings, and to put them on notice that we are prepared to defend our rights under law to whatever extent is necessary. I do not think a “soft” approach will work at this point. > > Former Port Authority chairman Milton Hall was also in attendance and spoke in our defense and warned the authority that this matter would likely end up in court if they tried to act illegally. > > Please let me know y our thoughts on this matter and let’s discuss it on Thursday. > > > Dan > -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: image003.png Type: image/png Size: 11760 bytes Desc: not available URL: From dan at dangingras.net Fri May 8 15:09:06 2015 From: dan at dangingras.net (Dan Gingras) Date: Fri, 8 May 2015 17:09:06 -0400 Subject: [Board] FW: IMPORTANT - Pepperell Cove Mooring Update Message-ID: <005001d089d3$38c2ce20$aa486a60$@dangingras.net> Greg, I was VERY clear about that when I spoke. In fact, I said I was Commodore of Pepperell Cove Yacht Club, a Maine non-profit corporation, so there was no confusion on that part. Dan From: Greg Gebow [mailto:junipersc at comcast.net] Sent: Friday, May 08, 2015 3:35 PM To: Dan Gingras; Board of Directors Cc: levanter at aol.com Subject: Re: IMPORTANT - Pepperell Cove Mooring Update Ladies & Gentlemen, I am here as the NAG, not PC. Once again (very important) the said moorings are & have been those of the Pepperrell Cove Yacht Club (a registered Maine Corporation with a bank account)). I suggest in the legal sense PYC functions as manager. As you see I believe, strongly, that we must remind our “friends” across the river of these facts.-----endlessly ???. Some of these “friends” are wont to refer to the PCYC moorings as PYC. Greg From: Dan Gingras Sent: Friday, May 08, 2015 12:32 PM To: Board of Directors Cc: mailto:levanter at aol.com ; mailto:junipersc at comcast.net Subject: IMPORTANT - Pepperell Cove Mooring Update Paul Goldberg and I went to the Kittery Port Authority meeting last night, and were disappointed in the comments from the Authority members relative to our moorings. This issue arose because they thought the Corps of Engineers had ruled that our moorings were in the Federal Navigation Project (“FNP”) and needed to be removed. We had previously met with the harbormaster and showed him the resolution letter from the COE, and he presented this to the board. Unfortunately this opened a can of worms There were several comments from members, specifically Steve Lawrence indicating that they thought they should take our moorings. I did speak about the history, and clearly indicated that we were in compliance with the COE’s regulation as we were grandfathered. Unfortunately this did not settle the matter, and they have scheduled a discussion at the next port authority meeting (June 12th) . I did speak to the Chairwoman, Kelly Philbrook who indicated that she did not think they had the authority to simply “take” the moorings, and she didn’t think they had the votes to do so. I indicated that while we were more than willing to work with the Port Authority, I had an obligation to take appropriate action, including legal action, to protect the rights of the members of PYC. I will add this to the agenda for our next meeting, but in the meantime, I have asked P/C Goldberg and P/C Gebow to begin looking into our options, including an informal conversation with our lawyer about how to approach the matter. I suggest that an appropriate approach would be to ask Dana Bisby, our Lawer to draft a letter to the Port Authority asking them to specify the rules or regulations under which they could “seize” our moorings, and to put them on notice that we are prepared to defend our rights under law to whatever extent is necessary. I do not think a “soft” approach will work at this point. Former Port Authority chairman Milton Hall was also in attendance and spoke in our defense and warned the authority that this matter would likely end up in court if they tried to act illegally. Please let me know y our thoughts on this matter and let’s discuss it on Thursday. Dan -------------- next part -------------- An HTML attachment was scrubbed... URL: From wendyclement10 at comcast.net Fri May 8 20:57:00 2015 From: wendyclement10 at comcast.net (Wendy) Date: Fri, 8 May 2015 22:57:00 -0400 Subject: [Board] IMPORTANT - Pepperell Cove Moorings In-Reply-To: <001001d089ae$47a1df50$d6e59df0$@dangingras.net> References: <001001d089ae$47a1df50$d6e59df0$@dangingras.net> Message-ID: Sorry but I am not familiar with the situation but it sounds like they are trying to steamroll over us. I agree with legal consult. We need to be prepared for what is to come. I look forward to more conversation on Thursday. Wendy Clement Sent from my iPhone > On May 8, 2015, at 12:44 PM, Dan Gingras wrote: > > Paul Goldberg and I went to the Kittery Port Authority meeting last night, and were disappointed in the comments from the Authority members relative to our moorings. This issue arose because they thought the Corps of Engineers had ruled that our moorings were in the Federal Navigation Project (“FNP”) and needed to be removed. We had previously met with the harbormaster and showed him the resolution letter from the COE, and he presented this to the board. Unfortunately this opened a can of worms There were several comments from members, specifically Steve Lawrence indicating that they thought they should take our moorings. I did speak about the history, and clearly indicated that we were in compliance with the COE’s regulation as we were grandfathered. > > Unfortunately this did not settle the matter, and they have scheduled a discussion at the next port authority meeting (June 12th) . I did speak to the Chairwoman, Kelly Philbrook who indicated that she did not think they had the authority to simply “take” the moorings, and she didn’t think they had the votes to do so. I indicated that while we were more than willing to work with the Port Authority, I had an obligation to take appropriate action, including legal action, to protect the rights of the members of PYC. > > I will add this to the agenda for our next meeting, but in the meantime, I have asked P/C Goldberg and P/C Gebow to begin looking into our options, including an informal conversation with our lawyer about how to approach the matter. I suggest that an appropriate approach would be to ask Dana Bisby, our Lawer to draft a letter to the Port Authority asking them to specify the rules or regulations under which they could “seize” our moorings, and to put them on notice that we are prepared to defend our rights under law to whatever extent is necessary. I do not think a “soft” approach will work at this point. > > Former Port Authority chairman Milton Hall was also in attendance and spoke in our defense and warned the authority that this matter would likely end up in court if they tried to act illegally. > > Please let me know y our thoughts on this matter and let’s discuss it on Thursday. > > > Dan > -------------- next part -------------- An HTML attachment was scrubbed... URL: