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Tobey · 10-11-2010, 07:19 AM

Mr. Mullen, Tobey here again. A few more questions please.

A I review the threads and other web sites and talk to some of my fellow campers at Ellacoya we have a few more questions.

First, there is quite a lot of talk about a Kids sailing program, handicap acess and wounded warriors etc., on this site and other web sites.

I applaud you if that is what you are trying to accomplish.

However, a look at your web site clearly shows you are more than that. Just look at your own by laws (BELOW).

Alsthough your (as you say) "General Purpose" pourpose is to encourage the sport of sailing and racing; to introduce and teach young people sailing you have other golas as well.

Questions:

If you are a sailing club now, where are all the members boats anchored? How many members are there that have sail boats?

How many of those boats will move to moorings in front of Ellacoya?
How many moorings do you intend to apply for?

What will I do with the boat I and others now tie to the beach where your building is going to be located

How many races will you plan a year (in summer)?

Where will the 75 cars you alluded to elsewhere park?

How many functions a summer (weddings etc)? Open to all takers to offset costs?

Your facility faces the Ellacoya swimming beach north and west. What about the noise us campers and swimmers will have to listen to.

I hate to sound nasty or condesending, but.....Is the kids sailing program the front for your much larger yacht club and party central for your members & their races, functions, gatherings, hang out (Yacht Club atmosphere)??

YOUR BY LAWS ARE BELOW:

Lake Winnipesaukee Sailing Association
BY-LAWS
as approved February 8, 1992
ARTICLE I - NAME
The name of this organization shall be the LAKE WINNIPESAUKEE SAILING ASSOCIATION.

ARTICLE II - PURPOSE
The general purpose of the organization is to encourage the sport of sailing and racing; to introduce and teach young people sailing; to encourage youth sailing and to provide facilities and programs for the education of children in sailing and sailboat racing; to foster sportsmanship throughout the sport; to promote the science of seamanship and navigation; to foster and encourage social fellowship appertaining to all things nautical between members and similar associations; to forward and advance sailing in all its phases and more particularly to promote competitions and regattas under uniform rules among the members and other clubs within our region; and to foster local, national and international amateur sailing competition.

The Corporation is specifically precluded from engaging in any prohibited activities as defined in the New Hampshire Statutes and from any other activities not permitted to be carried on by (a) a corporation exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code of 1954 or the corresponding provision of any future United States Internal Revenue Law or (b) a corporation, contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code of 1954 or any other corresponding provision of any future United States Internal Revenue Law.

Further delineation of the objects not conflicting with the above, may be made by the By-Laws.

ARTICLE III - OFFICERS
The officers of the club shall be a Commodore, Vice Commodore, and Rear Commodore; hereinafter designated as Flag Officers, a Secretary and a Treasurer.

It shall be the responsibility of all officers of the organization to uphold and enforce the mission and purpose of the organization as set forth in ARTICLE II herein.

No officer shall receive any form of compensation for the position in which they serve.

ARTICLE IV - DUTIES
It shall be the duty of the Commodore to command the association, to preside at all meetings of the club, and to enforce its laws, regulations and decisions of the Board of Directors.

It shall be the duty of the Vice Commodore to assist the Commodore in the discharge of his/her duties and in his/her absence to act in his/her stead.

It shall be the duty of the Rear Commodore to assist the Commodore and the Vice Commodore and in their absence to act in their stead. The Rear Commodore shall arrange and superintend all official races and regattas of the club. The Rear Commodore shall appoint members of the Race Committee.

It shall be the duty of the Secretary to keep a record of all club meetings and of the Board of Directors meetings.

The Secretary shall keep a roster of the officers and committees, a roll of the members and of the boats enrolled in the various fleets.

The Secretary shall report to the club at its annual general meeting and to the Board of Directors as required.

The Treasurer shall collect all moneys due to the club, and shall make such disbursements therefrom as are ordered or approved by the Board of Directors. The Treasurer shall keep account of all club investments and make a report to the club at its annual meeting.

The Commodore may appoint such other committees as required to serve during the term of his/her office.

ARTICLE V - PROPERTY
All property of the club shall be vested in the Board of Directors as trustee for the members thereof, and they shall have power to act for and bind the members of the club, as their agent, in all transactions relating to the property. Said property shall be superintended and managed by the property officer who shall be appointed by the Commodore.

No officer or member shall have ownership interest in the property of the organization.

ARTICLE VI - EMPLOYEES
The Board of Directors shall hire and fix the compensation of any and all employees which in their discretion may determine to be necessary in the conduct of the business of the organization.

ARTICLE VII - STANDING COMMITTEES
The Board of Directors shall consist of five (5) members including the Flag Officers, the Secretary, and the Treasurer. Three (3) members including at least one (1) Flag Officer shall constitute a quorum. All meetings of this committee shall be called by the Commodore, or in his/her absence by the officer next in rank. The ranking officer present shall be chairman of the meeting.

The Board of Directors shall have the general control and direction of the policy and finances of the club and the election of the members thereto. It shall authorize all disbursements and contracts. The Board of Directors may require all other committees and officers to report to it when necessary for the discharge of its duties. The Board of Directors shall report to the club at its annual general meeting, and to any special meeting called for the purpose, as provided in Article VII of this constitution.

The Race Committee shall consist of at least two members and the Rear Commodore. The Rear Commodore may appoint additional members to this committee as is deemed necessary. The Race Committee shall have authority to regulate and control all races and regattas held by the club. It shall decide all questions referred to it by the judges and skippers of competing boats, select and award all prizes offered by the club. The Race Committee shall report to the club at its annual meeting and to the Board of Directors when required.

The Membership Committee shall be appointed by the Commodore. It shall have charge of all applications and shall inform the Board of Directors through the Secretary as to their opinion of each applicant's qualifications for membership.

The Activities Committee will be appointed by the Commodore. The chairman of this committee will check with the Treasurer for availability of funds.

ARTICLE VIII - MEETINGS
The annual general meeting shall be held on or about November 1 or on such date as decided upon by the Board of Directors. The Secretary shall notify in writing all members at least two (2) weeks prior to the annual meeting.

Special meetings may be called by the Commodore at his/her pleasure, or by the written request of one-third of the membership. Such special meetings will be held at the time and place as set forth by the Commodore. Such special meetings shall have power to transact only that specific business for which the meeting was called. The Secretary shall notify in writing at least two weeks in advance the membership and stipulate the business under consideration for any special meeting.

All committee chairmen shall have the authority to arrange and call their own committee meetings at a time and place most convenient to the committee. The Commodore may call for a meeting of any committee as the need may arise.

ARTICLE IX - ELECTIONS
The Commodore, Vice Commodore, Rear Commodore, Secretary, and Treasurer shall be elected at the annual meeting each year by a majority vote of the members present, to serve for a term of one (1) year. The term of the officers shall commence immediately upon election.

A vacancy occurring in the office of Commodore, Vice Commodore, Rear Commodore, Secretary or Treasurer shall be filled by the next ranking officer to the position vacated for the duration of the unexpired term. A replacement may be elected by the unanimous vote of the then remaining members of the Board of Directors at a meeting called for this purpose.

The Board of Directors shall have the authority to fill a vacancy occurring in their own number, for the unexpired term of said vacancy.

ARTICLE X - MEMBERSHIP
Membership shall be on a family or individual basis. Family Membership shall entitle all dependents of a member, resident in his/her household, to general privileges of the club, except voting rights shall be limited to one vote per adult, but not more than two (2) adults per Family Membership. Age eighteen (18) and over shall be considered an adult for memberships purposes.

Individual Membership shall entitle that member to general privileges of the club and voting rights limited to one vote.

No member shall have ownership interest in the property of the organization.

Honorary membership shall be by election of the club by a majority vote. The individuals nominated for the honorary membership shall be selected by the Board of Directors. Honorary members shall pay no dues or fees, nor shall they be able to vote.

Any member accused of breaking the rules of the club or of conduct unbecoming or damaging to the good name of the club shall be notified of such charges and details by the Secretary and given the opportunity to be heard in his/her own behalf before the Board of Directors. Upon such hearing, or upon his/her failure to appear, the Board may, if it finds the charges proved, issue whatever discipline it deems appropriate including but not limited to admonishment (public or private), suspension, and/or forfeiture of membership. Such member has the right of appeal to the club at a special meeting called for that purpose and the membership may by a two-thirds vote of those present reverse the action of the Board and set aside all penalties.

ARTICLE XI - DUES
Annual dues shall be sixty (60) dollars for a Family Membership and thirty (30) dollars for an Individual Membership. Dues may be adjusted by the Board of Directors to meet the financial needs of the club when necessary.

ARTICLE XII - POWER BOAT OWNERS
Owners of power boats shall be entitled to full membership as described in ARTICLE X.

ARTICLE XIII - AMENDMENTS
Amendments shall be by a two-thirds majority of those members present at any meeting specifically called for said amendment. The membership shall be notified in accordance with Article VII.

ARTICLE XIV - DISSOLUTION
Upon the dissolution of the corporation, all assets shall be liquidated and all proceeds applied to the outstanding debts of the organization. After all outstanding debts are paid, any remaining assets shall be distributed to the successor exempt corporation, United States Sailing Association, Box 209, Newport, Rhode Island, 02840, within the meaning of section 501(c)(3) of the Internal Revenue Code or corresponding section of any future Federal Tax Code or shall be distributed to the Federal Government, or to a state or local government, for a public purpose. Any such assets not so disposed of shall be disposed of by the Court of Common Pleas of the County in which the principal office of the Corporation is then located, exclusively for such purposes or to such organization or organizations, as said Court shall determine, which are organized and operated exclusively for such purposes.

No benefit, except for approved compensation as set forth herein, shall be conferred upon any officer or director upon dissolution.

10-11-2010, 07:19 AM	#70
Tobey Junior Member Join Date: Sep 2010 Posts: 7 Thanks: 2 Thanked 2 Times in 1 Post	Mr. Mullen, Tobey here again. A few more questions please. A I review the threads and other web sites and talk to some of my fellow campers at Ellacoya we have a few more questions. First, there is quite a lot of talk about a Kids sailing program, handicap acess and wounded warriors etc., on this site and other web sites. I applaud you if that is what you are trying to accomplish. However, a look at your web site clearly shows you are more than that. Just look at your own by laws (BELOW). Alsthough your (as you say) "General Purpose" pourpose is to encourage the sport of sailing and racing; to introduce and teach young people sailing you have other golas as well. Questions: If you are a sailing club now, where are all the members boats anchored? How many members are there that have sail boats? How many of those boats will move to moorings in front of Ellacoya? How many moorings do you intend to apply for? What will I do with the boat I and others now tie to the beach where your building is going to be located How many races will you plan a year (in summer)? Where will the 75 cars you alluded to elsewhere park? How many functions a summer (weddings etc)? Open to all takers to offset costs? Your facility faces the Ellacoya swimming beach north and west. What about the noise us campers and swimmers will have to listen to. I hate to sound nasty or condesending, but.....Is the kids sailing program the front for your much larger yacht club and party central for your members & their races, functions, gatherings, hang out (Yacht Club atmosphere)?? YOUR BY LAWS ARE BELOW: Lake Winnipesaukee Sailing Association BY-LAWS as approved February 8, 1992 ARTICLE I - NAME The name of this organization shall be the LAKE WINNIPESAUKEE SAILING ASSOCIATION. ARTICLE II - PURPOSE The general purpose of the organization is to encourage the sport of sailing and racing; to introduce and teach young people sailing; to encourage youth sailing and to provide facilities and programs for the education of children in sailing and sailboat racing; to foster sportsmanship throughout the sport; to promote the science of seamanship and navigation; to foster and encourage social fellowship appertaining to all things nautical between members and similar associations; to forward and advance sailing in all its phases and more particularly to promote competitions and regattas under uniform rules among the members and other clubs within our region; and to foster local, national and international amateur sailing competition. The Corporation is specifically precluded from engaging in any prohibited activities as defined in the New Hampshire Statutes and from any other activities not permitted to be carried on by (a) a corporation exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code of 1954 or the corresponding provision of any future United States Internal Revenue Law or (b) a corporation, contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code of 1954 or any other corresponding provision of any future United States Internal Revenue Law. Further delineation of the objects not conflicting with the above, may be made by the By-Laws. ARTICLE III - OFFICERS The officers of the club shall be a Commodore, Vice Commodore, and Rear Commodore; hereinafter designated as Flag Officers, a Secretary and a Treasurer. It shall be the responsibility of all officers of the organization to uphold and enforce the mission and purpose of the organization as set forth in ARTICLE II herein. No officer shall receive any form of compensation for the position in which they serve. ARTICLE IV - DUTIES It shall be the duty of the Commodore to command the association, to preside at all meetings of the club, and to enforce its laws, regulations and decisions of the Board of Directors. It shall be the duty of the Vice Commodore to assist the Commodore in the discharge of his/her duties and in his/her absence to act in his/her stead. It shall be the duty of the Rear Commodore to assist the Commodore and the Vice Commodore and in their absence to act in their stead. The Rear Commodore shall arrange and superintend all official races and regattas of the club. The Rear Commodore shall appoint members of the Race Committee. It shall be the duty of the Secretary to keep a record of all club meetings and of the Board of Directors meetings. The Secretary shall keep a roster of the officers and committees, a roll of the members and of the boats enrolled in the various fleets. The Secretary shall report to the club at its annual general meeting and to the Board of Directors as required. The Treasurer shall collect all moneys due to the club, and shall make such disbursements therefrom as are ordered or approved by the Board of Directors. The Treasurer shall keep account of all club investments and make a report to the club at its annual meeting. The Commodore may appoint such other committees as required to serve during the term of his/her office. ARTICLE V - PROPERTY All property of the club shall be vested in the Board of Directors as trustee for the members thereof, and they shall have power to act for and bind the members of the club, as their agent, in all transactions relating to the property. Said property shall be superintended and managed by the property officer who shall be appointed by the Commodore. No officer or member shall have ownership interest in the property of the organization. ARTICLE VI - EMPLOYEES The Board of Directors shall hire and fix the compensation of any and all employees which in their discretion may determine to be necessary in the conduct of the business of the organization. ARTICLE VII - STANDING COMMITTEES The Board of Directors shall consist of five (5) members including the Flag Officers, the Secretary, and the Treasurer. Three (3) members including at least one (1) Flag Officer shall constitute a quorum. All meetings of this committee shall be called by the Commodore, or in his/her absence by the officer next in rank. The ranking officer present shall be chairman of the meeting. The Board of Directors shall have the general control and direction of the policy and finances of the club and the election of the members thereto. It shall authorize all disbursements and contracts. The Board of Directors may require all other committees and officers to report to it when necessary for the discharge of its duties. The Board of Directors shall report to the club at its annual general meeting, and to any special meeting called for the purpose, as provided in Article VII of this constitution. The Race Committee shall consist of at least two members and the Rear Commodore. The Rear Commodore may appoint additional members to this committee as is deemed necessary. The Race Committee shall have authority to regulate and control all races and regattas held by the club. It shall decide all questions referred to it by the judges and skippers of competing boats, select and award all prizes offered by the club. The Race Committee shall report to the club at its annual meeting and to the Board of Directors when required. The Membership Committee shall be appointed by the Commodore. It shall have charge of all applications and shall inform the Board of Directors through the Secretary as to their opinion of each applicant's qualifications for membership. The Activities Committee will be appointed by the Commodore. The chairman of this committee will check with the Treasurer for availability of funds. ARTICLE VIII - MEETINGS The annual general meeting shall be held on or about November 1 or on such date as decided upon by the Board of Directors. The Secretary shall notify in writing all members at least two (2) weeks prior to the annual meeting. Special meetings may be called by the Commodore at his/her pleasure, or by the written request of one-third of the membership. Such special meetings will be held at the time and place as set forth by the Commodore. Such special meetings shall have power to transact only that specific business for which the meeting was called. The Secretary shall notify in writing at least two weeks in advance the membership and stipulate the business under consideration for any special meeting. All committee chairmen shall have the authority to arrange and call their own committee meetings at a time and place most convenient to the committee. The Commodore may call for a meeting of any committee as the need may arise. ARTICLE IX - ELECTIONS The Commodore, Vice Commodore, Rear Commodore, Secretary, and Treasurer shall be elected at the annual meeting each year by a majority vote of the members present, to serve for a term of one (1) year. The term of the officers shall commence immediately upon election. A vacancy occurring in the office of Commodore, Vice Commodore, Rear Commodore, Secretary or Treasurer shall be filled by the next ranking officer to the position vacated for the duration of the unexpired term. A replacement may be elected by the unanimous vote of the then remaining members of the Board of Directors at a meeting called for this purpose. The Board of Directors shall have the authority to fill a vacancy occurring in their own number, for the unexpired term of said vacancy. ARTICLE X - MEMBERSHIP Membership shall be on a family or individual basis. Family Membership shall entitle all dependents of a member, resident in his/her household, to general privileges of the club, except voting rights shall be limited to one vote per adult, but not more than two (2) adults per Family Membership. Age eighteen (18) and over shall be considered an adult for memberships purposes. Individual Membership shall entitle that member to general privileges of the club and voting rights limited to one vote. No member shall have ownership interest in the property of the organization. Honorary membership shall be by election of the club by a majority vote. The individuals nominated for the honorary membership shall be selected by the Board of Directors. Honorary members shall pay no dues or fees, nor shall they be able to vote. Any member accused of breaking the rules of the club or of conduct unbecoming or damaging to the good name of the club shall be notified of such charges and details by the Secretary and given the opportunity to be heard in his/her own behalf before the Board of Directors. Upon such hearing, or upon his/her failure to appear, the Board may, if it finds the charges proved, issue whatever discipline it deems appropriate including but not limited to admonishment (public or private), suspension, and/or forfeiture of membership. Such member has the right of appeal to the club at a special meeting called for that purpose and the membership may by a two-thirds vote of those present reverse the action of the Board and set aside all penalties. ARTICLE XI - DUES Annual dues shall be sixty (60) dollars for a Family Membership and thirty (30) dollars for an Individual Membership. Dues may be adjusted by the Board of Directors to meet the financial needs of the club when necessary. ARTICLE XII - POWER BOAT OWNERS Owners of power boats shall be entitled to full membership as described in ARTICLE X. ARTICLE XIII - AMENDMENTS Amendments shall be by a two-thirds majority of those members present at any meeting specifically called for said amendment. The membership shall be notified in accordance with Article VII. ARTICLE XIV - DISSOLUTION Upon the dissolution of the corporation, all assets shall be liquidated and all proceeds applied to the outstanding debts of the organization. After all outstanding debts are paid, any remaining assets shall be distributed to the successor exempt corporation, United States Sailing Association, Box 209, Newport, Rhode Island, 02840, within the meaning of section 501(c)(3) of the Internal Revenue Code or corresponding section of any future Federal Tax Code or shall be distributed to the Federal Government, or to a state or local government, for a public purpose. Any such assets not so disposed of shall be disposed of by the Court of Common Pleas of the County in which the principal office of the Corporation is then located, exclusively for such purposes or to such organization or organizations, as said Court shall determine, which are organized and operated exclusively for such purposes. No benefit, except for approved compensation as set forth herein, shall be conferred upon any officer or director upon dissolution.