Message to the Marina Members from Fields Enterprises Inc. to Move the Elevator Repairs Forward for the 2021 Season

 Dear Marina Members,

 

While the messages from the BHVA Board of Directors to the community continue to pile up, I am writing to offer my shock and disappointment in the most recent announcement concerning the elevator shutdown.  I had a letter drafted announcing the opening of the marina for the 2021 boating season, but without access to the waterfront the future of the marina is once again in question. 

 

The marina’s continued viability depends on the elevator; without it, we have no business.  For this reason, I have attempted to have reasonable conversations with the Board of Directors in the spirit of compromise.   The Board has acknowledged to the community that the elevator’s control room sits on the marina’s property, and I have offered a legal document to memorialize a grant of access with proper indemnification and insurance requirements.  I have also offered to assist BHVA in bringing equipment to the elevator worksite, including by offering to barge that equipment across the lake.  This offer was not conditioned on BHVA making any concessions in the pending litigation; instead, it was offered in the spirit of neighborly cooperation.  Unfortunately, my requests for a compromise and offers of assistance have been ignored over the past several months and the messages you continue to receive suggest a bitter battle to the very end.  That is the last thing the marina is looking for.  Perhaps the Board of Directors feel differently. 

 

The Board’s most recent communication is full of mischaracterizations and falsities in an effort to place all of the blame for the current situation on me.  I do not feel it is necessary to get into a tit-for-tat with the Board of Directors, but one thing should be very clear: they have decided to use the elevator as a weapon, to the detriment of the Bristol Harbour Village community.  Despite this tactic, I stand ready to discuss ways to resolve all issues on the table as soon as possible and in a reasonable way.  Please encourage your BHVA Board of Directors and their attorneys to reach out to our attorneys to begin working through these issues.  We are running out of time and Summer 2021 will be upon us before we know it.  The issues that plague the BHVA as outlined in the Board’s e-mail communications also plague the marina.  We may have more common ground than some folks believe.

 

Respectfully,

Jeremy Fields

Jeremy F. answers Dave VanK questions on Nextdoor about the waterfront issues

 Click Here to see questions posed by Dave VanK to Jeremy F about the waterfront issues and Jeremy's answers.  

Please send an email to friendsatbh@gmail.com with your reaction to this exchange.

Also, Click Here to see another overreach by the EC committee which will probably end up in another litigation against the BHVA.

Elevator Repair - Lewis Gould post and Michael Liebowitz reply

 

Lewis Gould post Jan. 14, 2021

Waterfront. The entire village must be made aware of the actual facts pertaining to the waterfront status . In order to commence elevator and stairway repairs it is necessary that BHVA and the contractors and subs retained by BHVA have the right to traverse Fields property to reach the work site .Mr Lebowitz and Fields initiated discussions concerning elevator and stairway repairs more than 2 months ago. As a result of their discussions The Fields directed their attorney to prepare an agreement that would granBHVA its contractors and subcontractors the right to traverse Fields property for a period of 60 days (subject to extension for an additional 60days if needed) to initiate and complete the work.T he agreement indemnified Fields in the event he were named a party in any legal action which might be commenced against BHVA arising out of the repairs which might occur for fault not attributable to Fields or their ownership of the land over which BHVA was licensed to traverse for the repairs described. A written agreement was prepared and submitted to the Board more than a month ago. Approximately i week ago the Board responded stating that the agreement was too restrictive. At no time was a request or suggestion for modification transmitted to Fields!! Absent an agreement BHV may not only lose a marina but BHV may have no access to the waterfront and swim area!! If this occurs it is the fault o the BHVA Board solely!

 

Michael Liebowitz reply Jan. 15, 2021

Some points of clarification to Lewis Gould's comments. I did engage Jeremy Fields in discussions about a settlement proposal to the lawsuit and access to the elevator and staircase for repairs. In terms of the lawsuit the BOD refused to counter his proposal. In terms of the access agreement I was able to obtain a proposed agreement. I did review it and suggested a few changes and points of clarification that would make the agreement more functional so that the repairs could actually be completed. At this time Jeremy has not modified his proposed access agreement to address the items that I asked him to address with my modifications.That being said the BOD has not made any suggestions to the access agreement which would make it acceptable to them. I must say that Jeremy Fields has been open to discuss clarifications and changes. The BOD remains silent in any constructive way. The residents of BHV should realize that there will NOT be any access to the beach, lake, or boat slips without our BOD communicating with the Fields within the next few weeks. We have gone from one BOD that wanted to give away assets to another BOD that refuses to communicate in any meaningful way or respond to resident concerns or opinions. It is VERY unlikely that the lawsuit will go to trial, nor will issues be resolved by the spring to allow access to our waterfront this summer, without our BOD getting off their pedestal and communicating with the Fields in a meaningful way.It takes both parties talking to each to get the issues resolved. Regards, Michael Lebowitz 8 Spyglass Hill 585-721-4391

Elevator Repair - Email thread

 Check out this email thread to follow some of the attempts to get the BHVA BOD to follow through on getting the necessary permits to continue with the elevator repairs:

Click here for the details.

Efforts by FEI to assist and promote the elevator repair project at Bristol Harbour to restore access to the waterfront.

 

CLICK Here for details