Contact: Anne Shrader
email: grannes@aol.com
tel: (919) 240-5527
(413) 623-8303
CENTER POND
RESTORATION & PROTECTION
DISTRICT
Becket Massachusetts 01223
Website: centerpondlakedistrict.com
CENTER POND RESTORATION AND PROTECTION DISTRICT
ANNUAL CENTER POND DISTRICT MEETING
Saturday, June 18, 2011 - 10:00 AM
Becket Town Hall - 557 Main Street - Becket, Massachusetts 01223
MINUTES
Article 1: To hear and act on reports.
Prudential Committee Members Present:
Anne Shrader - District Clerk
Paul Merrill—Member
Douglas Shrader—Temporary Acting Moderator
Anne Shrader opened the meeting at 10:07 am and verified quorum present based on signed proxies and in person, totaling 79. Paul Merrill vote represented a bloc of 75 proxies.
Article 2: Proprietors will vote by ballot to elect a district moderator to hold office for a term of one year and shall have similar powers to those of the moderator of a town meeting. District Moderator - Douglas Hearle
The Prudential District nominated Douglas Hearle who was unanimously elected district moderator for one year.
Article 3: Proprietors will vote by ballot to elect a district treasurer who must be a proprietor and who may be the same person as the district clerk, to hold office for a term of one year. District Treasurer for one year - Anne Shrader
Prudential Committee nominated Anne Shrader who was unanimously elected as District Treasurer for one year.
Article 4: Proprietors will vote by ballot to elect one member of the prudential committee to hold office for two years. Prudential Committee: one member for two years - Anthony Limina
Prudential Committee nominated Anthony Limina who was unanimously elected to a 2 year term on the Prudential Committee.
Article 5: Proprietors will vote to adopt the budget for the fiscal year July 1, 2011-June 30, 2012 and the appropriation of monies to be raised by assessment upon the real property within the district held by proprietors. Anne Shrader reviewed proposed Annual Budget (FY July 1, 2011-June 30, 2012) by each line item. Discussions, comments, and questions were made on the below items:
DISTRICT ADMINISTRATIVE EXPENSES:
Total for District Expenses: $91,100 for fy 2011/2012. District operating expenses projected at $31,100 and loan expenses anticipated at $60,000. (See LOAN EXPENSE for further information).
Outside Consultants: Anne Shrader said that consultant expenses were not related to the dam.
Travel for meetings: Peter Werner asked specifics of travel expenses. Anne Shrader said start-up phase for district has called for required meetings. Four meetings with attorneys and dam owners, CGI (Conservation Group, Inc.). These expenses were used by Ted Weiller, Anne Shrader and Paul Merrill to attend required meetings. The travel budget will continue to be used as required to fulfill duties of Prudential Committee. Other meetings are mandated by the Act and District by-laws. Paul Merrill commented that travel expenses should be lower this year because start-up progress is underway. (See March 10, 2011 newsletter and Clerk’s letter included in May 26, 2011 Annual Meeting Warrant packet of May 26th. These were mailed to all district proprietors.)
Paul Merrill commented that he and Anne Shrader attended the June 16th Becket Conservation committee meeting to get a feel for the “atmosphere” in preparation for upcoming meeting on June 30th.
Overlay Account: a “cushion” for any changes in parcel assessment that would result in a refund.
INSURANCE: Currently covered - Directors and Officers; bonding for Treasurer and Assistant Treasurer. Prudential committee to investigate details of coverage and type required.
DAM PROPERTY MAINTENANCE: a starter budget to develop an emergency action plan for maintenance of
the dam when District acquires reconstructed dam and property.
WEED AND WATER MANAGEMENT: Budget for continued surveys & weed pulling. Lake is healthy.
Lydia Rosner: Is the weed pulling going to go out for bids?
Jeff Stanton, Weed & Water Cmte: No, Center Pond Weed-pulling Project fee is fair and tied in to local grants.
Russell Smith: Does the town of Becket contribute to weed pulling costs? Anne Shrader: It is anticipated that the town will contribute.
Al Kirchner, Weed & Water Cmte: Mercedes Gallagher as director of Center Pond Weed-pulling Project has weed pulling budget commitment from Town.
Graham Gurry, Weed & Water Committee: The Fall 2010 survey by Aquatic Control Technologies showed that lake is healthy, that weed pulling appears to be working, and suggested that the District could perform its own annual survey with a professional assessment survey every 3-5 years.
LOAN EXPENSE: Of the fy2011/2012 $91,100 total budget, $60,000 budget item is designated by the Prudential Committee to be used to pay down the principal and interest of loans. The Lake District qualifies for a MA State House loan where the state of MA guarantees low interest funds through Uni Bank. On February 24, 2011, the Center Pond Lake District borrowed $150,000 at 1.25% interest; payable within 1 year. The District is in the process of borrowing another $200,000 at $1.15% to finance its ½ share of anticipated dam re-build expenses. The amounts and source of all loans will be reviewed by the Prudential committee in February, 2012 for possible re-negotiation. All current loans are expected to be paid off in 6-7 years.
Bob Harris: It is expected that all individual tax bills will be lower in 6-7 years after all loans are paid off. There will still be a maintenance assessment as part of the taxes paid.
Henry Cyr: What is relationship between Lake District and Dam owner?
Anne Shrader: History of dam ownership and relationship to the District briefly explained. A certificate of safety non-compliance was issued by the Department of Conservation and Recreation, Office of Dam Safety which resulted in the formation of the Lake District to resolve the non-compliance issue with the Dam owner. Ultimate objective of Lake District is to take ownership of dam once it is repaired to the standards of the Office of Dam Safety.
Moderator Doug Shrader made a motion to accept budget for FY July 1, 2011-June 30, 2012.
Budget unanimously accepted, 79 - 0.
Article 6: Proprietors to consider such other business as shall be consistent with the power and authority conferred by Chapter 243 of the Acts of 2010 upon the district.
DISCUSSION:
Anne Shrader discussed MEPA (MA Environmental Policy Act) compliance. She noted that the Becket Conservation Commission has re-scheduled a special meeting on June 30th to hear the dam owner’s proposal to facilitate the planned construction start date in the fall, 2011.
Prudential Committee Member Paul Merrill reviewed the status of the Dam re-build activities:
1) Request for proposals for dam repairs and re-build sent out to 10 engineering firms. PARE Engineers (Foxboro, MA) was selected by CGI.
2) 25% of dam design has been completed to date, with all parties showing agreement so far.
3) A meeting between the dam owner, MEPA, MA DEP, Prudential Committee, and has already been held to discuss permitting schedule.
4) The Becket Conservation Commission meeting with the dam rehabilitation permitting on its agenda needed to be re-scheduled from June 16th until June 30th.
5) Overall progress on the dam permitting, repairs and re-build is progressing according to Pare’s schedule.
6) Anne Shrader: The Becket Conservation commission has already walked the dam site and viewed current design drawings with the engineering firm and District representatives.
Paul Merrill: Design of Dam is in 2 phases.
a. Phase 1 (South Phase) entails re-building auxiliary spillway and developing access to the existing gatehouse area. Construction is planned to start after Labor Day 2011 and completed by Dec.
b. Phase 2 (North phase) involves re-building the primary spillway, gatehouse and its environs. This construction phase is planned to start after Labor Day, 2012 and be completed by that year end.
Adjournment
Motion made and seconded to adjourn meeting.
Meeting adjourned at 12:01 pm.
Respectfully submitted,
Anne Shrader
Anne Shrader
District Clerk
=============================================================
CENTER POND RESTORATION and PROTECTION DISTRICT
Prudential Committee Annual Meeting
Saturday, June 18, 2011 – 12:15 pm
557 Main Street, Becket, Massachusetts 01223
AGENDA
1. To elect officers of the Prudential Committee
2. To hold the Classification Hearing to determine a single payer tax rate for the District for 2012.
====================================================
MINUTES
Members for fy2011/2012 attended the meeting: Paul Merrill, Tony Limina, Anne Shrader.
The meeting was called to order by Anne Shrader, outgoing Vice-Chair.
1. Nominations were held, seconded and elected. Officers for 2011/2012 fy are:
Chair: Anne Shrader
Vice-Chair: Paul Merrill
Member: Anthony Limina
2. Vote to approve single payer tax classification for Center Pond District for 2012 was unanimous.
3. The meeting was adjourned at 12:45pm.
Respectfully,
Anne Shrader
Anne Shrader
Chair: Prudential Committee
Distict Clerk
==================================
CENTER POND RESTORATION AND PROTECTION DISTRICTANNUAL CENTER POND DISTRICT MEETING
Saturday, June 18, 2011
10:00 AM
WARRANT NOTICE
Fiscal Year: July 1, 2011 - June 30, 2012
The
To: Anne R. Shrader, Clerk of the District
GREETINGS:
You are hereby required to warn the proprietors of the Center Pond Restoration and Protection District in the Town of Becket, the establishment of which was provided for by the Massachusetts General Court under Chapter 243 of the Acts of 2010, to meet at the Becket Town Hall, 557 Main Street, in said Town on Saturday, June 18, 2011 at 10:00 AM; then and there to act upon the following articles:
Article 1: To hear and act on reports.
Article 2: Proprietors will vote by ballot to elect a district moderator to hold office for a term of one year and shall have similar powers to those of the moderator of a town meeting.
District Moderator - Douglas Hearle
Majority Vote Required
Article 3: Proprietors will vote by ballot to elect a district treasurer who must be a proprietor and who may be the same person as the district clerk, to hold office for a term of one year.
District Treasurer for one year - Anne Shrader
Majority Vote Required
Article 4: Proprietors will vote by ballot to elect one member of the prudential committee to hold office for two years. Prudential Committee Member - term for two years - Anthony Limina
Majority Vote Required
Article 5: Proprietors will vote to adopt the budget for the fiscal year July 1, 2011-June 30, 2012 and the appropriation of monies to be raised by assessment upon the real property within the district held by proprietors. Majority Vote Required
Article 6: Proprietors to consider such other business as shall be consistent with the power and authority conferred by Chapter 243 of the Acts of 2010 upon the district.
Adjournment
page 2
And you are directed to serve this warrant by posting attested copies thereof in one or more public place within the Town of Becket fourteen days at least before the time of meeting as aforesaid, and you are further directed to send a copy of this warrant by first class mail, postage prepaid, to each proprietor of record of the District at least fourteen days prior to the time of the meeting as aforesaid and make due return of this warrant with your doing thereon to ourselves at or before the time of said meeting as aforesaid.
Witness our hands this 24___ day of ____ May___, 2011
The Prudential Committee of the Center Pond Restoration and Protection District in the Town Becket
______Anne R. Shrader__________________
Anne R. Shrader, Vice-Chairman
______Paul K. Merrill_______________________
Paul K. Merrill, Member
____________________________________________
RETURN OF SERVICE
And you are directed to serve this warrant by posting attested copies thereof in one or more public places within the Town of Becket fourteen days at least before the time of meeting as aforesaid, or to cause the publication of this warrant in a newspaper published in Berkshire County and having a general circulation within the Town of Becket fourteen days at least before the time of meeting as aforesaid and you are further directed to send a copy of this warrant by first class mail, postage prepaid, to each proprietor of record of the District least fourteen days prior to the time of the meeting as aforesaid and make due return of this warrant with your doings thereon to ourselves at or before the time of said meeting as aforesaid.
______ Anne R. Shrader____________
Anne R. Shrader, District Clerk
_________May 24_______________________2011
Center Pond Restoration & Protection District
PRUDENTIAL COMMITTEE
Edwin Weiller, Chairman Anne Shrader, Vice-Chairman Paul Merrill, Member
tedweiller@verizon.net grannes@aol.com merrillelectric@conversent.net
March 10, 2011
To: Center Pond District Proprietors
From: The Prudential Committee
AT LAST!
We are pleased to report important progress that has taken place since the formation of the Center Pond Restoration and Protection District.
· MEETING with CONSERVATION GROUP, INC. - November 17, 2010
In November Ted Weiller, representatives from the Conservation Group, Inc. and counsel for the District and CGI met in
· APPROVAL VOTED AT THE DISTRICT SPECIAL MEETING: December 15, 2010
You will remember the Prudential Committee called this Special Meeting in accordance with the Acts of Chapter 243 of 2010, Section 6: §J-[3]. At that meeting the District proprietors voted unanimously to approve long term loans or bonds up to $350,000 for its one-half share of the estimated dam reconstruction cost, and to acquire the dam and associated property rights upon completion of the renovation and approval by the MA Office of Dam Safety.
· ENGINEERING FIRM HAS BEEN SELECTED FOR THE DAM – January-February, 2011
The Conservation Group, Inc. sent out Requests For Proposal (RFP) to several engineering firms in January. CGI has selected the PARE Corporation of
· LOAN TO DISTRICT – February 24, 2011
In February the Prudential Committee was notified that the District’s loan application was approved by Unibank of Whitinsville,
· AGREEMENT WITH DAM OWNER HAS BEEN SIGNED – February 28, 2011
An agreement between the Conservation Group, Inc. and the Estate of Rollin W. Mettler, Jr., and Center Pond Restoration and Protection District was formally accepted and executed on February 28th at a meeting held in the
· KICK-OFF MEETING –
CGI’s counsel, Barry Fogel, arranged a meeting with the engineering firm, the Prudential Committee and its counsel, and the abutting property owners in order to discuss the schedule for the dam restoration and address logistical details. Paul Merrill and Anne Shrader attended this meeting. The issues discussed included access and rights-of-way to the dam property, the projected schedule for the pre-construction phase (including the design and local and state regulatory processes) and the construction phase of the project. The objective is to get the dam completed as soon as possible while minimizing construction impacts during the summer season.
CGI hopes to have a working meeting with the engineers in Becket at the end of March in order to walk the dam property and mark the access area into the property.
COMING EVENTS
· Please mark down Saturday, June 18, 2011 as the date of the Center Pond District Annual Meeting. You will receive a warrant in May with all meeting information, but we want to give you advance notice of this date.
· Each year at the annual meeting the membership must vote on a budget, elect a district clerk and treasurer and at least one member of the Prudential Committee.
· By June there will be more information on the progress of the dam reconstruction. At this meeting we will try to answer questions you may have about this project.
Respectfully,
The Prudential Committee
=====================================================
CENTER POND RESTORATION & PROTECTION DISTRICT
PRUDENTIAL COMMITTEE MEETING
Date: Monday, February 28, 2011
The Prudential Committee held a meeting on February 28, 2011 at 10:00 A.M. at the office of its attorney Robinson & Cole LLP, 25th Floor,
The meeting was brought to order at 10:15 AM by Anne Shrader, temporary Moderator.
Present: Paul Merrill, Anne Shrader. Michael Giaimo, Attorney for the District present.
Vice-Chairwoman Anne Shrader presided at the meeting.
(i). Shrader and Merrill, representing a quorum of the Prudential Committee, reviewed and accepted by their signatures the agreement with Conservation Group Inc. as authorized by prior vote of District. The District Seal was placed on the signature page.
(ii) The Committee began discussion of agenda items appropriate for District Annual Meeting to be held on Saturday, June 18, 2011. Topics include status report, warrant, 2011-2012 budget, elections.
Respectfully,
Anne Shrader
Vice-Chairman
The Prudential Committee
=================================================== Anne Shrader Clerk - Center Pond Restoration & Protection District
CENTER POND RESTORATION & PROTECTION DISTRICT
IMPORTANT SPECIAL DISTRICT MEETING - December 15, 2010
Warrant posted November 16, 2010 in Becket Town Hall
January 7, 2011
The Minutes for the District Special Meeting held on December 15, 2010 can be found here on the link, "District Meeting Minutes". Click on the "District Meeting Minutes" tab above to read the entire minutes.
The proprietors who attended the meeting in person or by proxy approved Articles 2, 3 and 4 in the warrant sent out on November 16, 2010 to district proprietors.
Summary:
Article 2: Approved $350,000 in loans for the District's share of dam reconstruction.
Article 3: Approved an increase of $10,000 to fiscal year 2010-2011 budget for unforeseen services necessary in planning, financing, permitting for the dam construction.
Article 4: Approved amendment to the District bylaws allowing an annual audit of accounts to be made by the Treasurer with full approval of the Prudential Committee.
Respectfully
email: grannes@aol.com
***********************************************************************************************************
November 16, 2010
MEETING with CONSERVATION GROUP, INC. - A meeting between the District and the Conservation Group, Inc., owner of the dam property, is scheduled for November 17th. Ted and representatives from CGI will discuss details of mutual agreement in order to move forward on dam reconstruction.
DISTRICT SPECIAL MEETING – The most important task before the district is obtaining financing. The Prudential Committee has called this Special Meeting in accordance with the Acts of Chapter 243 of 2010, Section 6: §J-[3]. This meeting is required to permit the members of the district to approve long term loans or bonds for the reconstruction and purchase of the dam and associated property rights. A “yes” vote assures prospective lenders as well as the Conservation Group, Inc. that the Center Pond Restoration & Protection District wishes to go forward with plans to acquire Center Pond dam if it is rebuilt to
Section 6: §J-[3] of the Act:
“….a vote to finance any undertaking which is authorized by this act to be financed in whole or in part by the issuance of long-term notes or bonds by the district…”(See website, centerpondlakedistrict.com, link to Act)
WE ASK THAT YOU SIGN THE ENCLOSED PROXY FOR THE MEETING AND RETURN IT TO:
CENTER POND RESTORATION & PROTECTION DISTRICT
c/o PAT MIELKE
This proxy assures that your vote is counted as approving the district’s proportionate financing of the dam property’s purchase. Your map & lot number can be found on the mailing’s address label.
Thank you in advance,
Anne Shrader
Clerk - Center Pond Restoration & Protection District
_____________________________________________________________________
Center Pond Restoration and Protection District in the Town of
SPECIAL DISTRICT MEETING WARRANT
Wednesday, December 15, 2010
5:30 PM
The
To: Anne R. Shrader, Clerk of the District
GREETINGS:
You are hereby required to warn the proprietors of the Center Pond Restoration and Protection District in the Town of Becket, the establishment of which was provided for by the Massachusetts General Court under Chapter 243 of the Acts of 2010, to meet at the Becket Town Hall, 557 Main Street, in said Town on Wednesday, December 15, 2010 at 5:30PM; then and there to act upon the following articles:
Article 1. To hear and act on reports.
Article 2. To see if the District will (i) authorize the District to acquire by gift, purchase, eminent domain or otherwise, the dam on Center Pond, as well as such interests in real and personal property as are necessary or desirable for ensuring access to, and the ability to reconstruct, operate and maintain, the dam, and (ii) appropriate a sum of money to pay costs of acquiring and/or reconstructing the dam on Center Pond, and for the payment of any and all costs incidental and related thereto, including the costs of acquiring such interests in real and personal property as are necessary or desirable for ensuring access to, and the ability to reconstruct, operate and maintain the dam, and to determine whether this amount shall be raised by borrowing or otherwise, or to take any other action relative thereto. 2/3 Vote Required
Article 3: To increase the 2010-2011 budget by $10,000 for any services necessary for the District’s acquisition of Center Pond dam and relevant property upon completion of reconstruction to safety standards of the Massachusetts Department of Conservation & Recreation-Office of Dam Safety. Majority Vote Required
Article 4: To amend district bylaws under Article V, §1 as follows:
Audit: An audit of the accounts of the District shall be made annually by the Treasurer with the full approval of the Prudential Committee. The form and content of the audit will comply with the General Laws of the Commonwealth as from time to time may be amended. 2/3 Vote Required
Article 5: To discuss any other business that may come before this meeting.
And you are directed to serve this warrant by posting attested copies thereof in one or more public place within the Town of Becket fourteen days at least before the time of meeting as aforesaid, and you are further directed to send a copy of this warrant by first class mail, postage prepaid, to each proprietor of record of the District at least fourteen days prior to the time of the meeting as aforesaid and make due reutrn of this warrant with your doing thereon to ourselves at or before the time of said meeting as aforesaid.
Witness our hands this 16th day of November, 2010
The Prudential Committee of the Center Pond Restoration and Protection District of the Town of Becket
Edwin A. Weiller, Chairman
Anne R. Shrader, Vice-Chairman
Paul K. Merrill, Member
_________________________________________________________________________________________________
Center
September 2010
CENTER POND RESTORATION & PROTECTION DISTRICT
Established at the Initial Meeting of the District
Tuesday, September 7, 2010
Dear
At long last the Center Pond Restoration and Protection District
in Becket, MA has been formed.
As you probably know, the Act was approved by the Massachusetts Legislature on July 31st, and signed into law by Governor Patrick on August 5th. Now known as Chapter 243 of the Acts of 2010, the only remaining step was the proprietor vote scheduled at our Initial Meeting on Tuesday, September 7th. It is a pleasure to announce the approval vote by the proprietors was an overwhelming "yes".
We are grateful for the assistance we received from the Board of Selectmen, Town Administrator Richard Furlong, and the administrative staff who worked hard on providing the information needed for this meeting. We especially want to thank Selectman William Cavanaugh who opened the meeting, and Town Clerk George Roberts and Becket Moderator Bruce Garlow who led the meeting as temporary clerk and temporary moderator.
The officers of the District are:
District Clerk - Anne Shrader
District Treasurer - Ted Weiller
Prudential Committee (3 members)
1-year term: Anne Shrader
2-year term: Ted Weiller
3-year term: Paul Merrill
The district work did not end on the evening of September 7th. There is much to be done in order to reach our goals. The dam remains under the cloud of a Massachusetts Certificate of Non-Compliance and must be rebuilt to meet Massachusetts safety requirements. The weed control project will continue to curb proliferation of invasive plants in our pond.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
You can be of help right now.
Below is the new district proxy for you to sign. Any proxy you may have signed during the past year expired upon the close of the initial meeting when all business had been completed.
The prudential committee will hold special meetings during the fiscal year and the annual meeting will be in June 2011. In the event you cannot attend scheduled meetings, your vote will be counted if you have signed a proxy.
A brief word about jointly-owned property:
1. A spouse can sign the proxy and neither would attend the Initial Meeting.
2. Joint owners who are not married (such as siblings, parent & child) must designate one of the owners as Proprietor to sign the proxy. This designation may be done by letter from other co-owners or by signing the proxy indicating their designation of the voting Proprietor.
CENTER POND RESTORATION & PROTECTION DISTRICT PROXY FORM I/We the undersigned: ____________________________________________________________________________ (Name(s) of __________________________________________________________________________(Address) being the Proprietors of ________________________________________________________(Becket Address) To vote as proxy for the undersigned at all Special and Annual District Meetings, called by Warrant of the Prudential Committee of the Center Pond Restoration & Protection District acting under the authority of Chapter 243 Acts of 2010 of the Massachusetts General Laws, to be held at the Becket Town Hall, 557 Main St., Becket, Massachusetts 01223, and at any or all adjournments thereof, and to cast any vote which the undersigned would be entitled to cast at such meetings if then personally present. This proxy shall be in full force and effect until all business of the next Annual District Meeting succeeding the date of this proxy is concluded, unless written revocation is delivered to the District Clerk not later than 10 days prior to the scheduled meeting. The undersigned owner(s) hereby authorize the above named Proxy and further acknowledge(s) receipt of a copy of the Warrant. ____________________________________________________________________ Proprietor’s Signature Printed Name Date ____________________________________________________________________ Co-Proprietor’s Signature Printed Name Date ____________________________________________________________________ C0-Proprietor’s Signature Printed Name Date ____________________________________________________________________ C0-Proprietor’s Signature Printed Name Date Please mail Proxy Form to: Center Pond Restoration & Protection District c/o Pat Mielke
Becket Assessors Parcel(s): Map & Lot(s)____________________________
NAME__________________________________
do hereby appoint as our Representative:
Ted Weiller of 663 Mourning Dove Drive, Sarasota, FL 34236; Anne Shrader of 115 Jones Creek Place, Chapel Hill, NC 27516; and Paul Merrill, 40 Thomas Street, East Hartford, CT 06108; or any of them, acting singly, to represent me/us and to vote on my/our behalf with full authority and power in my/our stead:
-------------->-------------->------------End of Proxy Form-------------->------------->-----------