COMMONWEALTH OF MASSACHUSETTS

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1 Sherwood Forest Lake District Prudential Committee Meeting Date Saturday, March 17, 2012 Time: 10:00 AM Location: Becket Room, Becket Town Hall 557 Main Street, Becket, MA MEETING MINUTES (DRAFT) Committee Members present: Howard G. Lerner (Chair), Stuart R. Eldred (Vice Chair), William F. Maier, Lucy A. Ferriss, and Clerk/Treasurer present Robert T. Ronzio. Committee Members absent: William J Osborn III, Stanley C. Taylor (Alternate) and Joseph P. DeCarolis and Richard D. Hackbarth. Public Present: Ronald B. Thompson and Donald T. Tuleja The meeting is opened at 10:06 AM. Location: Becket Town Hall, 557 Main Street, Becket, MA Introduction - Mr. Lerner calls the meeting to order at 10:06 AM and announces that parliamentary procedural rules previously adopted will regulate the conduct of the meeting in accordance with the provisions of the Open Meeting Law and other pertinent Massachusetts general laws, the by-laws of the district and local customs and traditions. Mr. Lerner asks if there is anyone who would like to have the entire rules and regulations read aloud. Hearing no response, Mr. Lerner dispenses with the remainder of the reading, noting that everyone present acknowledged that they were familiar with the procedural provisions outlined above. Mr. Lerner asks if there is anyone present who is planning on recording the meeting. Mr. Ronzio states that the meeting is being recorded for Mr. Richard Ronzio. Mr. Lerner notes that there are agendas on the table for all present. Mr. Lerner states to all present that the aforementioned guidelines are to be followed so as to insure that the district is in compliance with the General Laws of the Commonwealth. Mr. Lerner confirms that these guidelines are met and followed by the Massachusetts General Laws. Prudential Committee Members Comments and Announcements - Mr. Lerner asks if anyone present has any comments or announcements. Hearing none, he moves on. Prudential Committee Members Review and Approve Meeting Minutes - Mr. Lerner advises that he would like to move this agenda item to the end of the meeting. Hurricane Irene-Big and Little Robin Dam Damage Repair FEMA Update - Mr. Ronzio advises that he has been in contact with FEMA and that everything has been approved. He explains that it has now goes to MEMA for their approval. Mr. Ronzio advises that the district will be getting back approx. $44,000, although it spent over $70,000. He reminded everyone that FEMA reimbursement rate is 75% of approved cost, 1

2 not actual expenditures, because things like mitigation are funded at a lower rate while other expenses are not covered at all. Engineering Status Report - Committee members review the most current report Big Robin Phase I exam which takes place every five years. Ms. Ferriss asks that it be sent to her so that she may post it on the website. Mr. Eldred states that he will send Ms. Ferriss the file. Little Robin Easement Status Mr. Lerner announces that the town transferred the beach property, Map 216 Lot 491, to the SFNA for $ Mr. Ronzio explained that there were many complications along the way, however he was able to complete the necessary paperwork at the Registry of Deeds and obtain an official copy of the deed. Mr. Lerner asks about the status of the Map 216 Lot 490 property. Mr. Ronzio explains that according to town treasurer it will be handled in a similar fashion to the beach property once the DOR has certified it to be land of low value. Correspondence was also sent to Doneday and Foster regarding easements. Lancelot Spillway Appraisal (Obstructed Outflow Culvert) - Mr. Lerner informs the committee that at the last meeting they had discussed broaching the subject of repairs with the Road District. He states that the obstruction appears to have cleared itself in that the water is now flowing freely through the culvert so he has decided to postpone discussions with the road district until later this spring. Nottingham Spillway Appraisal (Beaver Dam) - Committee members briefly discuss the status of the beaver dam located at the outfall of Nottingham Lake. Mr. Ronzio reports that he received correspondence from Mr. Hardoon and subsequently had a conversation with Kathy Vsetecka from the Conservation Commission to apprise her of the concerns of the affected property owners. He then informs the committee that Kathy said the only cost to the district would be the $25.00 filing fee, if it was decided that the district wanted to bring the matter before the conservation commission. He also reported that Kathy stated that if the homeowner felt the matter was affecting their septic system or well, they could get emergency relief through the Board of Health and they wouldn t have to bring the matter before the conservation commission. Aquatic Controls - Mr. Maier advises that they will not be able to determine the method of weed removal until the survey is completed sometime after June. Mr. Lerner states that Nancy Devane who lives on Excalibur Lake has submitted a letter, regarding the chemicals she believes that were used last year to control invasive weed growth. He reports that Nancy states in her letter states that the chemicals that have been used in the past have been proven to cause various kinds of cancer. Mr. Maier states that he will respond to Mrs. Devane. Mr. Lerner reads the letter aloud for the committee. Mr. Maier again states that until the survey is complete the district will not know exactly what method of treatment will be recommended. Website Postings - Ms. Ferriss advises that she has posted all the job descriptions that she has received thus far. She states that if there are any other updates, just send them her 2

3 way and she usually posts that same day unless she is traveling. Ms. Ferriss also advises that she will be traveling much of the month of April. Opt-Out request Update - Mr. Ronzio advises that there have been two recent opt-out requests. He informs the committee that he has provided them with the necessary forms and information that they need to complete the process. He goes on to state that he has not heard back from either individual at this point. Mr. Ronzio reiterates the by-law provisions, stating that there are deadlines that must be met and if someone waits until the end of the fiscal year to fill out the opt-out form, and then they will still be fully responsible for the next fiscal year s assessment. Beach and Boat Management - Committee members discuss the various beach and dam maintenance work projects that need to be done this summer as well as the issue of liability and workers compensation insurance needed by the contractor who will be performing the work. Mr. Ronzio notes that last year no contractor who bid on the work had the necessary insurance policies and the work was not completed as a result. However, he advises the committee that he has verbally been informed by one contractor who was contacted last year that the contractor is now willing to purchase the required liability and workman s compensation insurance if the district decides to solicit bids. This is good news and maybe other contractors will be willing to do the same. FY 2013 Budget Input & Annual Meeting Warrant - Committee members ask who would like to begin the discussion. Mr. Maier begins with the budget he believes is needed for aquatic controls and lake management. He reminds everyone that past history makes this fairly easy; however, treatment cost overall continues to rise. He also broaches the topic of initiating a hand-pulling program, which he believes needs to looked at given the restrictions being imposed on chemical programs. Mr. Maier goes on to further explain what he believes the different choices are but he does not yet have a definitive cost estimate for this program although he believes it may be more than what is now budgeted. Mr. Ronzio explains that after speaking with Mr. David Zagorski, the Chief Assessor for the town, land assessments for properties on the different lakes now vary considerably. He explains that in the past Sherwood Forest was divided into two neighborhood assessment groups: waterfront and non-waterfront. He goes on to explain that all of the quarter acre lots have dropped significantly in value this year and now average about $3,000 for FY2012 vs. $9,000 for FY2011. He informs the committee as to how this may affect the proprietors especially those who are lakefront owners, because many nonwaterfront proprietors will see a decrease in taxes while waterfront owners will see an increase, as the proposed budget is anticipated to rise markedly because of the newly projected dam repair cost estimates. Committee members decide that the assessment issue is really not the problem of the district and agree to table the discussion. The next topic is the repair projections for the Little Robin Dam project. Mr. Eldred outlines the new estimates he has received from Morris Root and attributes the increase to several factors. A major reason is the result of the boring reports, which were done to assess the dam s composition and the Office of Dam safety s insistence on such things as 3

4 the requirement for a low level outlet. Another contributing factor is the cost increases due to inflation since the initial inspection report was completed. Last is the survey work, which revealed easement issues that need to be addressed. Mr. Eldred moved on to address the repairs to Big Robin and Lancelot. Mr. Lerner advises that he is thinking that they will very likely have to take out a very big loan in order to accomplish all that needs to be done. Mr. Lerner reminds the committee that this budget needs to be solidified by the next meeting. Mr. Ronzio as treasurer reviews the FY 2013 projected budget line items. Various questions are raised such as: It is asked whether Elizabeth Goodman s fees should be included in the dam budget, due to the fact that much of her work has been dam related. A suggestion is made to combine several items for bidding purposes. For example, Mr. Lerner suggests combining maintenance item numbers 2, 10, 11, and 13. This would include: the Dam Management Annual Maintenance - $9875 budgeted, the Beach and Boat Management Maintenance and Up-keep - $425 budgeted, and the Health and Sanitation- $150; removal of trash. Other categories singled out for discussion include: Lake Management which may need to be increased by 25%; and the Prudential Committee Expenses - $375, increased from last year s $350. Constable Expenses - $200 no increase. Moderator Fee - $100, unchanged. Insurance- $6400; Mr. Lerner advises that this is currently being borne by SFNA but will need to be shifted in part to the SFLD as the district needs to assume some responsible for this. Indemnification remains unchanged Workman s Compensation level funded Retirement fund level funded at $1 FICA - reduced to $1 as the 1099s are issued to independent contractors Out-sourcing legal services- Mr. Lerner suggests that this should be raised to $5000. Committee members agree that there may not be enough cushioning in that fund. Ms. Ferriss suggests that $6000 would be more realistic. Accountant - Mr. Ronzio advises that an accountant was not hired this year; however one will need to be hired next year. 4

5 Website management- $500; Ms. Ferriss advises that it is a good idea to have the $500 in the fund. Reserve fund - Mr. Ronzio advises that this fund is established just in case they need to have funds available throughout the FY without having a special meeting of the district. Stabilization fund - Mr. Ronzio advises that any monies left over from the current FY should go into this fund however it should be level funded at $1 Overlay account - Mr. Ronzio explains that this money is set-aside for people who apply for and receive abatements. Revenue/Bond Anticipation Note is loan repayment money based on the 2% interest rate. Mr. Lerner advises that the budget needs to be finalized by next months meeting. Ms. Ferriss reminds committee members that there is also $150 that needs to go to Beaver Solutions. Mr. Ronzio advises that for this year that money should be categorized and funded under the dam management account. Mr. Lerner reads the letter that the Town drafted and sent to all delinquent taxpayers explaining that there would be a tax taking in January of 2012 if payments weren t made. Mr. Lerner states that this was a big help and they anticipate additional monies coming in due to the notice being sent out. Mr. Ronzio advises that any dredging of the silting of Big Robin and Nottingham is most likely 5 or more years away. Committee members discuss the drawdown process, and conclude that currently the maximum drawdown on Big Robin is 24 inches. Other Business to come before the Committee - Mr. Lerner informs committee members that the district did receive an from Morris Root, advising of his upcoming vacation schedule. Committee members discuss going straight to Randy Christensen in Mr. Root s absence. Warrant - Committee members review the warrant as amended, Mr. Ronzio has the changes initialed, and Committee members unanimously approve the warrant as presented. Public Input - Committee members briefly discuss the damage done by Tropical Storm Irene with Mr. Thompson and Mr. Tuleja and the repairs that were done by D.R. Billings. Review Correspondence - Committee members discuss incoming correspondence. Mr. Lerner brings up a letter from Mr. McCarthy. Committee members agree that Mr. Lerner should call Mr. McCarthy to further discuss his concerns regarding the budget. 5

6 At this time, Mr. Lerner asks the committee members to take a moment to finish reviewing the meeting minutes. The minutes are edited and Ms. Ferriss states that she will post them that afternoon. A motion is made by Mr. Eldred to approve the minutes and seconded by Ms Ferriss. Howard calls for the vote and the motion carries unanimously. Adjournment - A motion to adjourn the meeting is made by Mr. Eldred, the motion is seconded by Mr. Maier; Meeting is adjourned at 11:55 AM. Schedule next meeting for April 21, 2012 Respectfully submitted, SIGNED: Robert T. Ronzio Clerk & Treasurer Sherwood Forest Lake District Howard G. Lerner Chair Stuart R. Eldred Vice-Chair William F. Maier Stanley C. Taylor (Alternate) Joseph P. DeCarolis 6