On behalf of Pleasant Pond Mill LLC, Paul Kelley is accepting offers on the Clary Lake dam today at a public meeting being held at 2 PM at the Jefferson Fire Department, the same place the water level hearing was held a year ago last August. The meeting is intended to comply with the requirements of the statute covering his petition for release from dam ownership:
38 §902. CONSULTATION PROCESS
1. Consultation required. Within 180 days of filing a petition pursuant to section 901, a dam owner shall consult with the persons and entities listed in subsection 3 to determine whether any of them wish to assume ownership of the dam. During consultation with each person or group of persons, the owner shall explain the process set forth in this article and shall inform the person or group that the department may issue an order requiring release of the water impounded by the dam if a new owner is not located. A dam owner may meet the obligation to consult with property owners by holding a public meeting and consulting with the persons who appear at that meeting, as long as notice has been sent to each property owner as required in section 901.
As stipulated in the statute, Kelley announced the meeting when he sent around his notice of intent to file the petition, but he has adapted the meeting format to fit his own particular style and needs by requesting that people interested in owning the dam bring a purchase and sales agreement to the meeting and be prepared to make an earnest money payment if they want their offer taken seriously, or at all. Prospective purchasers should take note that there is nothing in the statute about a valid offer including a Purchase and Sale agreement or the need to pay earnest money before an offer will be considered valid.
Representatives of the Clary Lake Association will there to make an offer on the dam.
Here is Kelley’s 23 September 2013 public notice: