Lake Buel District Board Meeting July 21, 2018

Lake Buel District Board Meeting

July 21, 2018

28 Seven Arts Road, Monterey

Members present: Chairman Peter Hagen, Kyle Pierce, Chris Hassett, Mark Amstead, & Wayne Dolby.

Meeting was called to order by Pete Hagen at 7:05PM.

A motion was made, seconded and so voted to approve the minutes of June 26th as amended.

The Board reviewed mail and bills:
MIIA: FY19 professional liability coverage – automobile, special property (Board inquired if they should increase the values – Chris will contact MIIA to review the coverage. Kathy will contact MIIA also to verify that the board members have liability insurance).
Tyron Construction bills for weed harvesting & maintenance.
Berkshire Wildlife Solution – beavers & breached dam.
Napa Auto Parts – parts for the weed harvester.
Patriot Properties, Inc – for software and support- tax collector program.
Berkshire Bank – fee schedule – effective 9/7/18.
New Marlborough Tax Bills – 4 pieces of property.

Complaints from Homeowners:

Kyle has received a complaint Jerry Teplitz, a longtime resident, regarding the weed cutting at his property edge and Kyle has spoke to Mike Ordyna, who said that the issue is out of the district scope. Pete mentioned that he had also spoken with Jerry regarding this issue and informed him that the area in question is the property owners own responsibility to do. It was noted that Mike Ordyna mentioned that the weed harvester machine has broken down twice so far.

Weed Control:

Both Wayne and Mark haven’t had any issues with their boats/canoes in the lake and the lake seems to be clear.

Mark mentioned that 14 to 17 loads of weeds are taken out each week with the weed harvester, once taken out the loads are brought to Rick Mielke’s and Lyman Thompson. The board mentioned that more cutting has occurred this year then prior years. It was noted that any weeds left behind then falls the bottom of the lake. Mark will contact Mike Ordyna about cutting in certain areas and be more aggressive.
Audit:

Pete is still working on hiring a firm to complete an audit of the books.

5 Year Plan:

Pete has done some research on suction harvesting (Piranha Mini Dredge). Pete mentioned that there is two possible ways it can be accomplished:
Rent a machine, which costs about $2500 per day with 1 operator.
Purchase machine which costs about $10,000.
The board reviewed and discussed Pete’s suggestions are will look into this some more and the process of it, Pete will contact someone from Lake Garfield as they have done suction harvesting. It was noted that the bag that the machine uses is very expensive.

Emergency Plan Harvester & Repair:

Mark is working on completing a sign which will be laminated and go on the weed harvester machine. Mike Ordyna will work on the paddle wheels.

Beavers:

It was mentioned that Eric Ives will only complete work once a permit is in place; he has currently trapped one beaver and breached dams (Eric opens the dams are much as possible).

New Business:

Pete mentioned that he has attended the New Marlborough Conservation Commission meeting in July regarding the two orders of conditions for the NOI’s. Pete said that the Commission is in agreement with letting the District continue to do the work. Pete will attend the next Commission’s meeting for clarification.

The Board reviewed and discussed financial reports submitted by treasurer.

Pete mentioned that Pete Scala has a small weed harvester machine that is used around Windemere Lake.

Old Business:

Pete mentioned that he hasn’t gotten too far with the email list and will continue to work on it.

Pete mentioned that he has done some review on Google for grant money for dredging projects.

Chris stated that he has been in contact with Judy regarding the fireworks. Judy stated that things are on track and she has completed the permits, but hasn’t heard from Shawn Tryon as of yet. Mark sent a message to Shawn and quickly received a response from Shawn that the permit has gone through in his office and was sent to the State and should be completed by the State by August 23rd. Judy also mentioned to Chris that the State has been doing inspections of prior events and is it possible to have a boat out patrolling when the fireworks display is occurring. (State would like to keep citizens a distance away when display is occurring). Chris agreed to be available to complete the patrolling.

Kyle mentioned that she has not been able to complete the assessment for the Housatonic Valley Association yet. Kyle said that the area that she would be assessing is two miles of the Konkapot River starting at Adsit Crosby Rd. Kyle also mentioned that Sam Mills has taken two trips down the river and the area has some vegetation.

Pete has mentioned that he has researched purchasing an oil boom, which cost about $1,000 a piece. The other Board members inquired if one is needed and would the boom be placed on the weed harvester.

A motion was made, seconded and so voted to adjourn at 9:36 PM.

Next meeting is scheduled for November 13th at Kyle Pierce residence.

Respectfully submitted,

Kathy Chretien, Clerk

Lake Buel District Meeting Minutes May 9, 2018

Lake Buel District Board Meeting

May 9, 2018

28 Seven Arts Road, Monterey

Members present:  Kyle Pierce, Chris Hassett, Mark Amstead.  Peter Hagen, Chairman by phone.

Meeting was called to order by Chairman, Mr. Hagen at 7PM.

A motion was made, seconded and so voted to approve previous minutes.

Mr. Hagen stated that Ms. Kathy Chretien has graciously offered to take the minutes of the meeting.

The board reviewed the financial report and noticed that the outlet maintenance of over budget by $621.00 and discussed the finance for the harvesting.  It seems to cost $2400.00 a week for cutting and the board believes that the there is enough in the budget to get through this fiscal budget.  After review a motion was made, seconded and so voted to accept the treasurer/collector report.

The board discussed presenting Ms. Mielke with a gift and card for all of her years of service.  It was decided that the members would purchase a gift card to the Old Mill in the amount of $200.00.  Mr. Amstead will contact Ms. Mielke to make sure the church will be booked and available for the annual meeting, and to make sure there will be refreshments provided.

It was noted that 20 proxies have be received as of today.  Mr. Hassett will check with the camps, and a few others to make sure they get their proxies in.  Mr. Hagen will contact Attorney Brewer to confirm his attendances at the annual meeting and to see if what covers the budget amount is it just by the hour or just a retainer.

Mr. Hagen mentioned that not there has not been much response on the email list request that was put on the cover letter of warrant.  It was decide the same statement will go out with the tax bills.

The board discussed the five year plan for the dam.  Mr. Amstead has been in contact with Mr. Chris Tyron regarding submitted a plan/proposal.  It was discussed that in the past the board has received a quote from White Engineering, & Stockman and Associates.  The board will look into getting quotes from others.

The board reviewed a letter of support for funding for Lake Garfield which will be sent to Massachusetts Department of Environmental Conservation.  Mrs. Pierce mentioned that Mr. Dennis Lynch does grant writing and has assisted with drafting this letter.  Mr. Hassett has no issues with endorsing the letter and he feels that it would not be a good idea not to endorse the letter; it a matter of being a good neighbor.  After the review of the letter a motion was made, seconded and so voted to approve Mrs. Pierce signing the letter of behalf of the board.

Mrs. Pierce mentioned that she has been asked to join a committee – Municipal Vulnerability preparedness in relation to how climate control is changing and there will be a workshop on Saturday, May 19th from 9AM – 3PM run by Berkshire Regional Planning Commission.  Mrs. Pierce also mentioned that they would like 30 to 40 people to attend the workshop.  Mrs. Pierce will report back to the board after the workshop.

The board noted that the special permit that was submitted to the New Marlborough Board of Selectmen on commercial greenhouses (cannabis) was withdrawn without prejudice.

Beaver activity is already quite busy, Mr. Hagen stated, he has already submitted a beaver/trapping permit with the New Marlborough Board of Health. Mr. Eric Ives was already at the lake and noted that there more beavers and the lake level is up.  It seems like it will be a busy season coming up.  It was noted that the outlet is an issue and the inlet will probable need some attention.  Mr. Hagen mentioned that he had received a call from a property owner regarding this issue.  Mr. Hagen had meet with the property owner and area is in question is the property owner own responsibility to obtaining a permit.  Mr. Hagen also told the owner he would go with her to assist obtaining a beaver/trapping permit in Monterey, but he has not heard back from her.

The board discussed if they should increase the outlet maintenance at the annual meeting.

The board discussed having a forensic audit on the books, since it is a proper procedure thing to do when a change of Tax Collector/Treasurer.  Mr. Hagen thinks the cost might be $5,000.00 to $6,000.00.  The board discussed how to pay for the audit and will bring this item up at the annual meeting.  Mr. Hagen will look into this.

Mr. Ives has requested a copy of the Notice of Intent that has been filed with the New Marlborough Conservation Commission.  Mr. Amstead will forward a copy to him.

New Business:

Mr. Hassett & Mr. Amstead went to Mr. Dave Logan’s and took three boxes of records.  The board mentioned that they have a storage unit for the District records.  Mrs. Pierce will check to see if there are any records at the Monterey Town Hall.

Mr. Mike Ordyna has been in contact with Mr. Amstead about the Candee’s property.  Mr. Ordyna is seeking permission get some work done with the trees/brushes.  Access is needed for the canal.  It was noted that someone will contact the Obrien crew to do some work in this area.  The board discussed this issue will be and has decided that since it’s part of the lake and they pay Lake Buel taxes then it something needs to be done.  This issue will be brought up at the annual meeting under new business.

Mrs. Pierce mentioned about attending LAPA west – which talked about dredging and how you could do certain amount every year without a permit.  It was noted to check the Town of Monterey website under the Board of Selectmen for a click for 604B proposal.  It was also mentioned that the State has been checking the catch basin and the cost of each one is $150,000.00.

Mr. Hagen will contact Mr. Ed Weismann regarding seeking grants for dredging.

A motion was made, seconded and so voted to adjourn at 8:24 PM.

Next meeting is scheduled May 26th h at Monterey Church.

Lake Buel District Meeting Minutes June 26, 2018

Lake Buel District Board Meeting

June 26, 2018

28 Seven Arts Road, Monterey

Members present:  Chairman Peter Hagen, Kyle Pierce, Chris Hassett, Mark Amstead, & Wayne Dolby.

Meeting was called to order by Pete Hagen at 7PM.

A motion was made, seconded and so voted to approve the following minutes:

May 9th, May 26th, & May 26th annual meeting.

Chris Hassett traveled both canals in Herbert’s Cove area to see if the harvester could go down them.  Mark Amstead spoke with Mr. Mike Ordyna to inform him that there weren’t any trees down, since Mr. Ordyna didn’t want to get stuck.  Mike Ordyna completed the work last week and has taken out 4 loads.  It was noted that the water level is high at this time.  The board discussed possible cutting trees that fall in the canal if necessary in the winter when the water is frozen.  Mark Amstead had one compliant of the condition of the canal last year.  The board decided that they will keep working on accessible access to the canal.

 

Pete Hagen mentioned that he hasn’t got far with the email list; he has around 100 emails so far, and will continue to work on this.

Pete Hagen stated that he has called all the local CPA’s in Great Barrington as well as Thomas Scalion Associates; none were interested in the job since it is too small for them to complete.  Pete Hagen will continue to locate a CPA, for the audit of the books.

Chris Hassett mentioned that the level of the lake is going over the dam, with an 8 inch drop of into the outlet.  It was noted that 3 old beavers are still present under the water.  Mr. Hassett inquired if any old beaver dams can be removed.  Mr. Hagen will be in contact with the New Marlborough Conservation Commission to extend the NOI’S.

Kylie Pierce mentioned that Pete Hagen and herself picked up documents from the Monterey Town Hall that belong to the District, which were 3 good size tote bags.

The board discussed the 5 year plan which still needs to be worked on.  Mr. Hagen has contacted the Stockbridge Bowl, which stated that things are going very slowly for them, they discussed their conditions of the lake and if it is best to raise the level of the lake or dredge it out.  They have worked with Mr. Ken Wagner.  It was mentioned that Mr. Jerry Weinstock is very interested seeking grants for dredging projects.  Pete Hagen will contact Twin Lakes and Mr. Amstead will contact Lee Tryon to talk about possible costs.  Pete Hagen will look into applying for grants.

The board reviewed the pay for Ms. Pat Mielke as the consultant and has decided to distribute $300.00 a quarter.

The Board reviewed the mail:

Received a thank you note from Ms. Mielke for the gift card to the Old Mill Restaurant, which was for all of her years of service to the district.  Note that the board members paid for the gift themselves.

Received a letter from MIIA a credit of $229.00.

The board reviewed a letter from the Housatonic Valley Association seeking volunteers to do an assessment of the Konkapot River.  Kylie Pierce has volunteered to do a section in New Marlborough and Wayne Dolby & Chris Hassett will also volunteer.  More training will take place on June 28th.

Mark Amstead mentioned that last week a hydraulic hose broke on the weed harvester and has been repaired.  It was noted that the board should have procedures in place when a spill happens and have material data sheets on board.  Mark Amstead will be the contact person for any situations and Chris Hassett will be the seconded contact person if needed.  Mr. Amstead mentioned that maybe the district should purchase an oil containment boom.  It was discussed that there should be a maintenance plan for the harvester machine.  The board noted that the weed harvest machine is 15 years old, and wondered if there was any maintenance schedule that came with the machine.  It was noted that a manual came with the weed harvest machine.  It was also noted that the hydraulic system uses vegetable oil.

A motion was made, seconded and so voted to adjourn at 8:47 PM.

Next meeting is scheduled for August 21st at Kylie Pierce residence.

Respectfully submitted,

Kathy Chretien, Clerk

Lake Buel District Meeting Minutes March 22, 2018

Lake Buel District Board Meeting

March 22, 2018

28 Corashire Road, New Marlborough

 

Members present:  Wayne Dolby, Kyle Pierce, Chris Hassett, Mark Amstead.  Peter Hagen, Chairman by phone.

Meeting was called to order by Chairman, Mr. Hagen at 7PM.

A motion was made, seconded and so voted to approve previous minutes.

Mr. Hagen stated that Ms. Kathy Chretien has offered to take the minutes of the meeting.

Mr. Hagen stated that there are three items to discuss:

  1. Interview for District Clerk/Treasurer/Tax Collector.
  2. Review annual warrant package.
  3. Discuss the special permit submitted to the New Marlborough Board of Selectmen – regarding commercial greenhouses, medicinal & recreational cannabis (marijuana), from applicant Oasis Campus LLC.

Ms. Kathy Chretien was present to interview for the positions of District Clerk/Treasurer/Tax Collector.  Ms. Chretien had brought a resume, copies of certificates obtained and letter from recommendation from the Select board.  Ms. Chretien gave an overview of her positions jobs she has with the Town of New Marlborough (Town Clerk, Assistance Tax Collector, Assistance Treasurer, clerical for the Select board & secretary to the conservation commission).  Mr. Hassett questioned if the Ms. Chretien’s credentials would be valid for the positions the district is looking to fill.  Ms. Chretien mentioned that both certificates were just obtain in the fall of 2017 and are valid.  Ms. Chretien also will speak with Ms. Mielke to see if there are any classes she would recommend that Ms. Chretien take.  Ms. Pierce mentioned that Ms. Mielke said that the positions currently are 10 to 12 hours per week.  Ms. Chretien was asked what she would like to request for a salary for each position.  Ms. Chretien response was that she would not expect to earn what Ms. Mielke is currently being paid, since she doesn’t have all the experience that Ms. Mielke has, and she’ll leave the salary amount up to the board to decide.

The board reviewed the warrant package and the letter that was drafted by Mr. Dolby.  Some grammar corrections were made to the letter.  Mr. Hagen & Mr. Dolby will finish the corrections and was completed it will be forward to Ms. Mielke to be included in the warrant.  The warrant needs to be completed by April 1st.  It was noted that the name of new clerk/treasurer/tax collector will need to be added on the warrant.  Ms. Pierce had notice a few minor changes in the warrant and will make the changes with Ms. Mielke.

Mr. Hagen had inquired if one of the articles on the warrant was for $1500 to go a contractor.  Both Mr. Amstead and Mr. Hassett reviewed the warrant but did not notice that article.

Mr. Hagen mentioned that he had sent a letter to the New Marlborough Board of Selectmen regarding the marijuana farm, and has been getting some feedback from residents in the district.  Ms. Pierce mentioned that she will be attending the Monterey Selectmen’s meeting to present them with the letter that Mr. Hagen had completed to the NM Selectmen.  Mr. Hagen was inquiring if the board felt that they should hire a lawyer on behalf to the district.  Mr. Hassett mentioned that he attended the NM Planning Board meeting and will try to attend future upcoming meetings regarding the marijuana farm.  The board thought at this time it is best to stay informed of what’s happening with the special permit and will think about if they need to hire a lawyer.

Ms. Chretien left the meeting at 8PM.

Next meeting is scheduled May 9th at Ms. Pierce residence.

Lake Buel District Minutes

Date:  January 3, 2018

Place:  Peter Hagen’s home at 62 Lakeside Road New Marlborough, MA

Meeting call to order 7:10 P.M.  by Peter Hagen

In Attendance:  Pete Hagen, Mark Amstead, Kyle Pierce, Wayne Dolby; Absent: Chris Hassett

Minutes from September 18, 2017 were approved and will be sent to Ginny Hyde for posting to the Lake Buel Website.

Outlet Maintenance:  Mark Amstead reported that due to the beaver issues not being resolved until late in the fall, the drawdown was not completed until December 15th.  Brian Fenner and Eric Ives have been working with Mark and Peter to keep the beaver population down. Eric seems to be available to take on the project with the beavers.

5 Year Plan:  Pete Hagen outlined the goals to achieve for the 5 Year Plan

1. Repairing the dam

2.  Repairing the levy on both sides of the dam

3.  Dealing with the lake filling in with silt and weeds beyond what the harvesting    accomplishes

Mark Amstead will speak with Chris Tryon about ways that these issues could be approached.

Fiscal Year 2019 Budget:  Pat Mielke presented the Prudential Committee with a budget update.  The FY19 budget will be level funded except for the following items: The Board approved a $500 salary increase or 6% for Pat Mielke.  In addition, Weed Harvesting Contracted will be increased by $800 and Water Outlet Maintenance will be increased by $1000 in order to reflect the projected expenses.  Also, the Equipment Repair and Equipment Replacement Accounts will be deleted from the operating budget line items and added to the  Warrant Articles to transfer funds to the Stabilization account.  The net operating budget will increase by $500 with these  changes.

Other Business:  Mark Amstead will put the Title to the new truck in the District storage unit.

Mark and Chris Hassett will get any records that are stored at Dave Logan’s house.

Committee will be looking to put the harvesting equipment in the lake during the week after Memorial Day.

Everyone was reminded that the mailing address for Lake Buel District for all correspondence has been changed to: P.O. Box 236, Mill River, MA 01244.

Next meeting is set for Wednesday May 9, 2018 at the home of Kyle Pierce at 287 Arts Rd.

Monterey, MA.

Motion to adjourn 7:57 P.M.

Respectfully submitted,

Pat Mielke, Clerk

Notify NM select board via USPS

Hello friends of Lake Buel. Thank you all for your support in our efforts to fight the proposed cannibas industrial complex in Hartsville. There has been quite a surge of support with our efforts to stop the New Marlborough select board from granting a special permit to Campus Oasis the proposed Industrial Complex. However we remain very concerned that our elected officials are in favor of this proposal. It has come to our attention that “any email letters sent to the select board voicing an opposition to this special permit are not considered valid & may not even be read”.
Despite the concern & opposition from those who have attended the select board & planning board meetings on this subject, we have concerns that the select board may rule in favor of the permit. That decision will probably be made at March 12th open meeting. I strongly urge you to send a letter via USPS to the select board opposing the special permit submitted by Campus Oasis, ASAP! Only letters addressed to the board & mailed by the US postal service can be considered.

Opposition to Industrial Complex Buildout

February 28, 2018

Dear Selectmen,

Board of Selectmen
807 Mill River Southfield Road
Mill River, MA 01244

I am writing to you as a board member of the Lake Buel Restoration and Preservation District (LBD). The LBD, created approximately 25 years ago, is a unique municipality representing all property owners with access to Lake Buel. The Board represents both New Marlborough and Monterey landowners.
It has come to our attention that a Special Permit Hearing is scheduled for March 12, 2018 to consider Mr. Setiz’s application to construct an Industrial Complex in Hartsville. The application survey shows that the complex will consist of over 110,000 square feet of covered space and indicates future expansion to include a Solar Farm, Lodging of some sort, parking spaces planned for 48 vehicles, and creation of a new access road.

Passage of this application will bring dramatic change to Hartsville with increased traffic, and potential adverse affects to wildlife, environmental and other impacts we may not foresee today. The processing of Marijuana produces many by-products, both liquid and solids, that need to be labeled Hazardous Waste. Oversight by the town would need to be comprehensive and expensive.

The legalization of marijuana is not a closed issue, as the Federal Government still lists Marijuana as a controlled substance. As you know, the areas that lie below the proposed project are sensitive wetlands as a ride along Adsit Crosby road will demonstrate. These wetlands receive drainage from the mountain above and then drain into the Konkapot River. The Konkapot River over the last 15 years has flowed backward into Lake Buel at least three times. Contamination of these wetlands backing up into Lake Buel could have very negative consequences. These sensitive areas should be protected and the construction of a large Industrial Complex will pose serious problems.

Aesthetically, the project will be a disaster to the beauty of New Marlborough. Being perched on the hillside, visible in all directions, is not how we want to grow Hartsville or New Marlborough. Future plans for lodging will only bring further blight to that area. Lake Buel landowners, who represent a very significant portion of the taxes raised in New Marlborough, currently pay a large premium for the views of the lake and surrounding hills and mountains. The proposed project would be visible from most of the Lake and even worse, 24 hour security lighting will create severe light pollution!

Lake Buel is a significant asset to New Marlborough which attracts tourists and second home owners that demand very little from the towns’ resources. Let’s try to keep this asset intact and allow future generations to appreciate it as it is today.

In conclusion, let it be clear that the Lake Buel District Board, representing landowners of New Marlborough and Monterey who have access to the lake, strongly oppose the construction of this large Industrial Complex at the currently proposed site. Your negative vote will help protect Hartsville, the environment, and preserve the unique beauty of our community.

Respectfully,
Cc: New Marlborough Conservation Committee
Peter Hagen, Chairman
Lake Buel Restoration and Preservation District Board