CENTER POND PRESERVATION & PROTECTION FOUNDATION, INC.
NEWSLETTER
Volume I, Issue 1
December 2005
Dear Center Pond Resident,
Over the past several months a number of exciting things have been happening at Center Pond. Let us explain them to you.
ANNUAL MEETING
1)On August 29, 2005, the Center Pond Association held the annual meeting at the Becket Town Hall Pavilion. At this time the balance in the treasury was approximately $10,208. The following board members were nominated and approved from the floor by voice vote: Gail Conry, Paul Basdekis, Paul London, Marty Glassman, Fred Mettler, Jean Shedlock, Billy Hoch, Michael Marcus, Jon Rosner, Al Kirchner, Jeff Stanton, John Frisbie, Robin Greenspan, Jerry Rodman, Anne Shrader. The officers elected from the board were Doug Hearle (President), Al Kirchner (Vice President), Gail Conry (Treasurer), and Jeff Stanton (Secretary).
BOARD MEETING
2)On October 1, 2005 there was a board of directors meeting, 9 board members were able to attend.
A)It was proposed and passed that two signatures from board officers be required to issue a check.
B)The name of the Center Pond Association was changed to “The Association for the Protection & Preservation of Center Pond” or APPCP for short.
C)2006 Budget Estimate - A very rough, estimated, budget for the upcoming year was developed.
Estimated 2006 BudgetItem Description
/Notes/Comments
/Estimated Cost
Engineering study of the dam / Phase 1 – initial study / $10,000-12,000Cost to have Aquatic meet with Becket Conservation Committee / Night meeting, addresses weed issues / $300
Lakes & Ponds Assn.
LAPA Dues / Provides resources to im-
prove quality of lakes / $80
Pond water samples / Tracks pond water purity / $100
Mailings / 147 property owners/mailing / $100
Legal fees to incorporate / Initial retainer / $2,000
Liability Insurance / For Directors and Dam / $2,500
Chemical Treatment for weeds / If required / $2,500
2006 Estimated Budget
/Very rough estimate
/ $19,100-21,100D)Law Firms - It was agreed that 3 law firms would be contacted to discuss the formation of a non-profit organization. One of the 3 firms would be chosen and the Center Pond Association would become a legal entity in Massachusetts.
E)Dam Engineering Firms - Two additional dam companies would be contacted to give formal quotes on a phase 1 survey of the dam. A phase 1 survey includes a visual dam inspection /report, a hydrologic/hydraulic analysis of the dam outlet/spillways to determine capacity and a report that provides results, recommendations, permits required, conceptual drawings of improvements, and rough estimated costs of said improvements and permits.
F)Dues - The dues were raised from $25/year to $100/year
MEETINGS WITH ENGINEERING FIRMS, STATE AND TOWN OFFICIALS
3)On 10/5/05, Jeff Stanton met with Tighe & Bond Engineering at the dam to review the issues. A written bid was received on 10/17/05. The engineers pointed out some issues with respect to a tree on the left of the lower spillway and recommended it be removed. The tree is rotten and sits on top of a stonewall that is part of the dam. Should the tree fall and should the root ball come out, it could possibly damage the stonewall and the end result could be that the lake level will lower 1 or 2 feet. Camp Watitoh was notified and Billy Hoch promptly contacted the Town of Becket Conservation Commission to inquire about a permit to remove the tree.
4)On 10/6/05 Al Kirchner and Jeff Stanton met with GZA Environmental/Engineering at the dam to review the issues. A written bid was received on 10/31/05. At the time of the site visit the pond water level was measured to be 4” below the lower spillway. The piping/leakage issues were still occurring in this area.
5)On 10/8/05, Becket experienced 10.5” of heavy rain in a 24-hour period. The water level of the pond rose up to and touched the wood at the base of the gatehouse. It was obvious that the spillways could not adequately remove the water as fast as it came in. Many roads in Becket washed out. The dam did not fail but some shortcomings became more apparent. Certainly an event occurred and it is not yet known if it will be classified as a 25 year, 50 year or 100 year event.
6)On 10/12/05, a representative from the Massachusetts Office of Dam Safety came to Becket to inspect various dams due to the heavy rain. Mercedes Gallagher, Kathy Vsetecka (the Becket Conservation Commission Chairperson) and Jeff Stanton met with Scott Ryan from the Office of Dam Safety. Jeff presented a power point presentation to Scott, Kathy & Mercedes. In addition, a timeline and action plan were presented depicting the steps the association is taking towards obtaining dam ownership and performing proper repairs to the dam. Scott complimented the association and said we were doing “everything right”. It was explained to him that the process would take several years, which he agreed with. We then went to Camp Watitoh where Norm Harding (Watitoh’s caretaker) brought us down to the dam to inspect the area. During the site visit Scott repeatedly stated that there were to be “no trees/brush or roots on the dam”. Scott observed the area and leakage to the left of the lower spillway and called it a “strong flow”. During this site visit we discussed and agreed upon, what trees and brush we could remove in the area to the left of the spillway. In closing Scott made it clear that the dam has issues that must be addressed, especially the leakage to the left of the lower spillway. The meeting ended when Scott left for another lake and Mercedes, Kathy & Jeff went to the Town Hall. At the Town hall Mercedes helped Jeff get the proper forms and lot numbers for an application for removal of said trees at the site.
7)Over the next several days the forms were filled out, appropriate AutoCAD drawings made and attached and the permit was filed by Camp Watitoh.
8)On 11/17/05 the Becket Conservation Commission approved the permit. It is good for 3 years. Norm Harding will start removing the trees and brush in the area.
LEGAL REPRESENTATION
9)On 11/17/05, Doug Hearle & Al Kirchner met with Kathleen McCormick of the selected firm, McCormick, Murtagh, Marcus & Almgren at their offices located in the William Cullen Bryant House, 390 Main Street, Great Barrington, MA 01230. Kathleen suggested we change the name to “Center Pond Preservation & Protection Foundation, Inc.”. This change will make the IRS more comfortable giving us a non-profit designation. The Foundation has now been incorporated as a non-profit corporation in the Commonwealth of Massachusetts. Getting the IRS designation could take up to 6 months but will be retroactive to incorporation.
A $2000 retainer was given to the firm. This will cover everything except the hours involved in filling out the appropriate forms for the IRS designation. To date, expenses are:
IRS filing fee: = $500
Massachusetts filing fee: = $40
Attorney’s fee for MA non-profit corp: = $650
FINANCIAL STRUCTURE
10)Gail Conry, our Treasurer, has been working hard setting up the Foundation’s finances. She is working with the bank to change the signature status for check writing. In addition she has purchased a program called “QuickBooks Pro” to track the finances properly. This program will allow us to track who donates what and where the money goes. It takes quite a bit of effort to set up initially but once done is a very user-friendly program.
INSURANCE COVERAGE
11)Anne Shrader has been actively researching Directors and Officers Insurance and Property and Casualty Insurance. This turns out to be a very complicated process with many rules and regulations. It also requires that the group be a legal corporation, which we are now.
SUMMARY
We have a new name, Center Pond Preservation & Protection Foundation, Inc. We are a legal corporation. We have legal representation and are well along the way to federal recognition as a tax-exempt organization. We have identified many cost areas we face, as you see in the estimated budget. We realize the budget is estimated -- some expenses will be higher, some less. In addition, some expenses were not listed, such as the cost of purchasing the accounting program or donations to the volunteer divers who pull the weeds. They volunteer their time but need donations for air / equipment rental and food after a several hours of diving.
There are many other issues such as obtaining dam ownership, repairs, chemical treatments, etc. As property owners on and around the lake we all need to realize that it is in our best interests to address these issues and to preserve our enjoyment of the lake as well as the property values. If we don’t, no one else will. Initially the problems may seem insurmountable; however, with teamwork and patience we can achieve the goals.
The preservation and protection of Center Pond will not be free. Many local, state and federal regulations must be considered. The lake and the dam need our attention and they need it now.
The dues have been raised to $100 per property owner, due by January 1, 2006. At present there are 147 property owners on and around the pond that are considered “lake property owners”. The funds generated from these dues will help us address the immediate needs of the pond and aid us in getting a better understanding of the actual costs involved with bringing the dam up to code.
A number of property owners around the lake have graciously donated funds beyond the basic annual dues to ensure that the goals of the Foundation are met completely and correctly. Any contributions above $100 that you are willing and able to make would be gratefully accepted.
Your dues and donations will be tax deductible once we have the IRS designation. This non-profit designation will be retroactive to IRS filing date, which was November 17, 2005. Please fill out and send in the form below with your total contribution. The checks should be made out to “Center Pond Preservation & Protection Foundation, Inc.” The checks can be sent to Gail Conry at 27 Demott Place, Rockville Center, N.Y. 11570.
Please do your part and give generously to preserve the lake we all treasure.
We wish you all a very safe and happy holiday season.
Thank you all for your support and help
CENTER POND PRESERVATION & PROTECTION FOUNDATION, INC.
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Please be smart, do your part
Look at the condition of the Center Pond dam.
The four pictures below show the dam and gatehouse at Center Pond. The top left picture shows the discharge side of the gatehouse. The inlet pipe, on the waterside, is 30” in diameter and the discharge pipe should be the same size. It is not. The top right picture shows the water level after Becket received 10.5” of rain. The water is over the cement wall to the right side of the gatehouse and is touching the base of the gatehouse wood. This is called “overtopping or topping over” This indicates that the spillway capacity is inadequate. All 3 engineering firms detected this occurrence; this is the proof that they were right.
The dam and its surroundings need repair.
They must be repaired to meet local, state and federal safety regulations. Teamwork and Cooperation will go a long way towards solving these very serious issues.
Day after 10.5” rain (water 6” from the top) 24 hours after picture above
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