Lake Buel District Board Meeting

November 13, 2018

28 Seven Arts Road, Monterey

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

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

A motion was made, seconded and so voted to approve the minutes of July 21st as amended.

The Board reviewed mail and bills:

MIIA: Property & Casualty Credit ($190).
Tyron Construction bills for weed harvesting & maintenance.
Stor-it-All, Inc – Sheffield.
Berkshire Fireworks.
United States Postal Service – PO Box rent.
The Main Street America Group – Bond for Tax Collector.
The Board reviewed and discussed the financial report submitted by Treasurer.

New Business:

Mark has reviewed the maintenance binder for the Harvester – not all information was clear, will need to contact the company.
Mike has replaced hoses that are necessary and will do inspections of the harvester.
Mark is up for re-election in May, 2019.
Kyle mentioned that Dave Logan has passed on, who was a former board member.
Chris has picked up 3 storage containers from Dave Logan’s residence. Chris will keep the smaller container at this time and the two bigger containers will go into the Stor-it-all unit.

Old Business:

Pete will attend the December meeting of the New Marlborough Conservation Commission to extend the two order of conditions and Pete will also discuss the issue of debris in the outlet.
Pete mentioned that he is still working on the email list, which a google group can handle.
Mark mentioned that a valuable worker is leaving Berkshire Fireworks and there might be difficulties obtaining permitting next year.
Kyle has spoken with the Monterey’s Town Accountant and Select Board Chair regarding audit and they will look to see if anyone is interested in completing an audit for the District. Kyle will continue to work on this.


Mark will contact the Monterey Fire Department about a boom.
Truck/Harvester is parked behind Lee’s house.

5 Year Plan:

Pete has talked with Steve Snyder regarding how they have handle things at Lake Garfield and will keep investigating on how to proceed.


Weeds are still growing into October; need to get has many weeds removed so they don’t turn into silt.
Board agreed to extend the harvesting three more weeks at the end of the summer (five work days total about $512 a day).
Weeds are getting aggressive in the outlet.

The Board worked on FY20 budget for article #5 General Government.

A motion was made, seconded and so voted to adjourn at 8:40 PM.

Next meeting is scheduled for January 2nd at Peter Hagen residence – 62 Lakeside Rd.

Respectfully submitted,

Kathy Chretien, Clerk

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.

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.


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 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.

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

Lake Buel District Meeting September 18, 2017

Date: September 18, 2017

Place: Kyle Pierce house at 28 Seven Arts Rd, Monterey, MA

Meeting call to order 7:18 pm by Peter Hagen

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

Minutes from August 29, 2017 were approved.

Prudential Committee – The Committee reviewed the August 29, 2017 meeting for Chris Hassett. EdWeissman is willing to assist in the Grant Writing for the District.

Outlet Maintenance – Mark Amstead talked to Chris Tryon about the outlet and possible work on the levee. Lake Buel has 20 feet on Wyman’s side of the lake and Lake Buel owns the other side, we need to prove erosion. Chris Tryon is willing to report on conditions of the dam/levee. Water is spilling over the top board due to beaver activity. We agreed that Pete would call the trapper and ask for aggressive trapping. We will ask Chris Tryon for a proposal for looking at the dam/levees.

Other Business – The Fireworks were great. Judy will send the invoice to pat for payment.

Kyle pierce reported on the LAPA meeting she attended. Kyle stated that there may be funds for dredging the lake. Due to the size of the documents from the LAPA meeting, they will be made available upon request.

Next meeting is set for Wednesday January 3, 2018 at Peter Hagens’ home at 62 Lakeside Ave, New Marlborough, MA.

Motion to adjourn 9pm.

These minutes are transcribed from notes of Kyle Pierce.

Respectfully submitted,

Pat Mielke, Clerk

Lake Buel District Minutes August 29, 2017


Date: August 29, 2017

Place: Kyle Pierce house at 28 Seven Arts Rd, Monterey, MA

Meeting call to order 7:05 pm by Peter Hagen

In Attendance: Pete Hagen, Mark Amstead, Kyle Pierce, Wayne Dolby, Pat Mielke
Guest: Ed Weissman

Minutes from the Annual District Meeting, May 27, 2017 approved unanimously, and posted on line.

Financial Update – Pat Mielke reviewed the finances with the Prudential Committee. Total revenue from tax collections was $ 149, 857.61 for fiscal year 2017 ending June 30, 2017. Both Fiscal Year 2016 & 2017 were billed and collected in the same year to recognize the fiscal year being billed in the proper time frame. Current invoices for Lake Harvesting Operations and Outlet Maintenance were reviewed for payment.

Tax Title – Tax liens were recorded on 4 District owner properties in the Lake Buel District for non-payment of district taxes. In addition, approximately $8,000.00 in delinquent taxes was collected in Fiscal Year 17.

Lake Harvesting – Mark Amstead reported that Mike Ordyna hit something at the community dock with the equipment. There was no significant damage to report from the incident. Mike believes it may have been an old cement anchor that caught the equipment about 6ft below the water surface. The last day of equipment on the lake will be September 9, 2017.

Outlet Maintenance – Mark Amstead and Chris Hassett added the rubber lining as planned. All agree that more work needs to be done at the outlet control site. The beaver issues continue to be monitored and dealt with.

5 Year Plan – Peter Hagen introduced Ed Weissman to speak to the possible grant potential for Lake Buel Mr. Weissman has offered to donate his time and grant writing expertise to the district. Following an open discussion on the importance of preserving Lake Buel, surrounding properties and controlling the lake level, the Prudential Committee unanimously approved the appointment of Ed Weissman as the Lake Buel Voluntary Grant Adviser. In addition, a new line item was approved; Lake Level Control Assessment, funding it with $10,000.00 to be determined for the FY 19 budget year. The specific project would be to replace the present levy/dam structure to control the lake water level.

Kyle Pierce has agreed to attend the LAPA meeting on September 9, 2017. Kyle will seek out funding sources available and what projects would qualify for grant funding.

Other Business – The Prudential Committee approved changing the Lake Buel District Post Office Box from the Monterey facility to the Mill River Post Office facility. The box number will change as well as the zip code. Notices will be sent to the owners in the next billing cycle.

-Fireworks are set for Labor Day weekend
-Pat will purchase a backup drive for the records to be stored.
-Mark Amstead will visit D. Logan to retrieve any records stored at his home.
-Mark also has the title to the new truck in his possession.

Next meeting is set for Monday, September 18, 2017 at the home of Kyle Pierce at 7 pm.
Located at 28 Seven Arts Rd, Monterey, MA

Motion to adjourn 8:47pm.

Respectfully submitted,

Pat Mielke, Clerk

LBD Prudential Committee Meeting

Posted on behalf of Pat Mielke


LBD Prudential Committee Meeting

Home of Kyle Pierce,  28 Seven Arts Road, Monterey

Monday September 18, 2017    7:00 P.M.



Approve minutes from August 29, 2017

Lake Outlet Maintenance Update

Lake Harvester

Five Year Plan

Any other business


Next Meeting Schedule


Pat Mielke

LBD Clerk

2017 Annual Meeting: Lake Buel Restoration/Preservation District



Classification Hearing

Fiscal Year 2018

MAY 27, 2017

Peter Hagen brought the meeting to order at 11:27am.

Present: Peter Hagen, Mark Amstead, Chris Hassett, Kyle Pierce. Wayne Dolby

Pat Mielke, Clerk.

A motion was made by Peter Hagen to retain one tax rate for the Lake Buel District for the FY2018. Motion was seconded and passed unanimously.

Continuing Business:

Virginia Hyde volunteered to post minutes and other business on the website. Pat Mielke will email Ginny the information after it is approved by the Prudential Committee.

Ed Weisman has experience with grant writing and has offered to volunteer to look for what could be available. Pete Hagen will follow up with him.

Mark Amstead will check with the Town of Monterey Clerk to retrieve the old commitment books for Lake Buel that were stored in the clerk’s office. In addition, Mark Amstead and Chris Hassett will locate the records at Dave Logan’s house. The object is to get all the records together and stored in the rented locker.

Peter Hagen stated that he tried to contact Madeline. Schwartzman concerning her complaint of displaced docks near her property. Peter was able to contact the owners and have the docks removed.

The next meeting will be Tuesday, August 29th, 7pm at the home of Kyle Pierce, located at 28 Seven Arts Road, Monterey, MA.

Motion was made and seconded to adjourn the meeting at 11:50am.

Respectfully submitted,

Pat Mielke

LBD Clerk





FISCAL YEAR JULY 1, 2017 TO JUNE 30, 2018

MAY 27, 2017


The meeting was brought to order by Peter Hagen at 10:05 A.M. with 61.62 % of the District area represented. In attendance: Prudential Committee members Peter Hagen, Mark Amstead, Kyle Pierce, Chris Hassett, Wayne Dolby and Peter Brewer, District Counsel. In addition, Peter Hagen introduced Mike Ordyna, the harvester operator for Lake Buel District, to speak prior to the warrant vote, about concerns with weed harvesting.

Mike opened by explaining his job as operator of the harvesting machine for the Lake Buel District. He stated that the lake is in great shape, with Milfoil being the primary weed in the lake.

Emphasis was given to safety of operation of the machinery while on the lake, Mike stressed the need to stay clear of the machinery, giving him plenty of room to maneuver. Mike starts at 5:45 am and is off the lake around 1:30pm. It takes 3-1/2 weeks to complete 1 full revolution on the lake. There is no set schedule as weather determines the area to cuts weeds.  If a property owner has an issue, it is best to signal from the land or if on the lake, stay back 20ft from machinery to get his attention.

Pete Hagen asked if there were any areas that the machinery cannot reach. Mike stated that the area across from Tin Can Point, and area of the beaver dam is too shallow for the machine. There are areas that are preserved for the fishermen.

In addition, Pete asked about how best the docks should be floated for minimal issues. Mike stated that anchoring the docks by rope is fine, other material could break the harvester cutters if it comes into contact. Mike reminded everyone that a center floatation works well, and to remember to pull up ladders and big tubes when not in use.

The machinery will be delivered and put in the lake on Tuesday, May 30, 2017. Mike ended his presentation at 10:20am accepting many thanks for a job well done.

Regular Annual District Meeting Resumed


Article 1.  To bring in their nominations and votes for the election of District Moderator for a term of one year.   Voted – Unanimous, Peter Hagen

Article 2.   To see if the District will vote to accept the minutes of the previous Annual Meeting held on May 28, 2016.   Voted – Unanimous

Article 3.   To see if the District will vote to accept the Report of the Treasurer for the Fiscal Year 2017 (July 1, 2016 through June 30, 2017) YTD.  Pat Mielke reviewed the Treasurer and Tax Collector reports. Pat announced that the district will be aggressively collecting the delinquent taxes owed.  Voted – Unanimous

Article 4.   To bring in their nominations for the election of the following officers:

Voted – Unanimous

Prudential Committee Nominees

a. District Clerk for one year                                          Pat Mielke

b. District Treasurer for one year                                            Pat Mielke

c. Prudential Committee: one member for three years              Wayne Dolby


Article 5.  Motion to see if the District will vote to raise and appropriate the sum of $ 82, 852.00

for the purposes constituting proposed expenses of the District for Fiscal Year 2017.

Line item #5006 Legal Counsel, was held for explanation of why a retainer was needed. Peter Brewer stated that the District is best served by having counsel present at the meetings and for legal advice when needed. # 5012 & 5013 Weed Harvesting Operations and Harvesting Contracted were held for an explanation of the budgeted amounts. Chris Hassett explained that the total budget for the 2 items had not changed, just the distribution. #5014 Water Outlet Maintenance was held for questions. Pete Hagen explained the regulations governing the trapping of beavers, maintaining the dam and the costs associated with it need to be budgeted. Mark Amstead stated that there will be work on the dam and materials purchased to maintain its integrity. All work is done to state specifications. #5026 Lake Recreational Activity was held for discussion about the expense. This item is used to provide fireworks on Labor Day weekend for the owners. The $8500 dollars was built into the budget at the request of land owners who enjoy the fireworks and understand that paying for the show on a voluntary basis did not generate enough funds for the fireworks to be held.


Motion was made and seconded to approve the 2018 operating budget in the amount of $82,852.

Voted, Unanimous

Article 6.  To see if the District will vote to authorize the Prudential Committee to borrow such sums as may be necessary in anticipation of tax receipts for the Fiscal Year 2018, and to issue District Notes therefore as provided under the Special Act. Voted – Unanimous

Article 7.  To see if the District will vote to authorize the Prudential Committee to accept gifts from proprietors or any other entity for the benefit of the District.  Voted – Unanimous

Article 8.   To see if the District will vote to establish a Stabilization Equipment Replacement/Repair Fund per the Department of Revenue regulations. Voted – Unanimous

All in Favor of establishing new Stabilization Fund(70 yes 0 no).

Article 9.    To see if the District will vote to transfer $40,000 (forty thousand dollars) from Free Cash to fund the Stabilization Equipment Replacement/Repair Account. Voted – Unanimous


 Article 10.  To transact any other business that may come before the meeting.

The Prudential Committee was asked if the Lake Buel district business could be posted to the web site Virginia Hyde offered to upload the information to the site. A discussion followed with the request that the committee be required to post the meetings and the minutes on the website. The following motion was made and seconded:

Move that the Prudential Committee post all meetings and minutes on the web site.

Voted, Unanimous

**Jim Caron announced the passing of the following property owners;

Stanley Ross, Frank Ashen, Bill Kiron, Dr Mark Mishkin.

**The Committee asked about the ability to digitize the district records. At this time we have no ability to do so. All that can be saved on the computer is being done at this time.

Motion to adjourn the Fiscal Year 2018 Annual District Meeting at 11:10am. Unanimous

Respectfully submitted,

Pat Mielke, LBD Clerk