[Board] FW: IMPORTANT - Pepperell Cove Mooring Update

[stardot at comcast.net]

I don't know if this matters or not, but in our official filing for the PCYC with the Maine Secretary of State, Andy Courteau listed himself as President, me as Secretary, Treasurer and a Director, and John Carson and Roger Wells as additional directors. In the event of any issues, we should all try to keep the names and players straight. 
Doyle 
  

----- Original Message -----

From: "Dan Gingras" <dan at dangingras.net> 
To: "Board of Directors" <board at portsmouthyc.org> 
Sent: Friday, May 8, 2015 5:09:06 PM 
Subject: [Board] FW: IMPORTANT -  Pepperell Cove Mooring Update 



  

  

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 

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 12 th ) .  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 

Dan 



  

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