June 28, 2008 Board of Selectmen and Lake Wyola Advisory Committee (LWAC) Meeting At the Lake Wyola Lodge, 94 Lakeview Road, Shutesbury, MA 01072 Select Board members present: Chairman Rebecca “Becky” Torres, member Ralph Armstrong and Selectman-elect Al Springer. Town Administrator David Dann, and Administrative Secretary Leslie Bracebridge, recording Lake Wyola Advisory Committee (LWAC) members present: Chairman Robert “Bob” Thompson, and members John Gory, Walter “Skip” Trybulski, Charlotte Rahaim, Lauretta Gass, Mark Rivers and William “Bill” Elliott. Guests: Governor Deval Patrick’s Western Massachusetts Office Coordinator Elizabeth Cardona accompanied by her son, Senator Stanley “Stan” Rosenberg, Department of Conservation and Recreation (DCR) Lake Wyola State Park Manager Frank Buntin, Consulting Engineer Morris Root, Gate and Dam Keeper Howard Kinder, Emergency Management Director Walter Tibbetts, and Shutesbury residents downstream from the Lake Wyola Dam Judith Smith and Kenyon Fairey. The meeting opened at 9 AM. Minutes of the May 17, 2008 meeting were accepted as written. Announcements LWAC Chairman Thompson welcomed and thanked Senator Rosenberg for coming to the meeting: 1. A few years back, when Bob had inquired about a Lake Wyola area waste water treatment plant at Senator Stan Rosenberg’s office, Stan’s Aide Mary Jane Bacon had challenged Bob to raise $10,000, “That goal has been met.” 2. An expensive and complex Department of Environmental Protection 401 water quality permit, previously thought to be required in order for shore-front property owners to do work on abutting town-owned land under the high water mark of Lake Wyola during the drawdown (See Select Board minutes of June 17.) is no longer required. Senator Stan Rosenberg: 1. The Joint (House and Senate) Committee will report within a week on the Committee’s recommendation of the town’s request for $150,000 of state support toward the dam repair. 2. A postcard campaign is not necessary to encourage Governor Deval Patrick’s support; a letter from the Select Board would be more effective. Town Administrator David Dann: 1. Summarized the timelines for dam repair, should funding be made available: * A bid package has already been prepared and advertised: * By July1, answers to questions posed at the bidders’ walk through (already occurred) with Engineer Root will be compiled and emailed to all contractors that have received a bid package. * Results of the bid opening and Engineer Morris Root’s recommendation will be presented at the July 8 Board of Selectmen meeting. * The next step (assuming the availability of state funding) would be preparation of contract documents. * Drawdown would start on September 1. 2. Reminder: The Conservation Commission is processing Notices of Intent (NOI’s). Anyone wishing to do work during the draw down should be in contact with the Conservation Commission soon in order to have an Order of Conditions in time for the draw down. 3. “A drawdown didn’t seem this close 6 months ago.” David praised Senator Rosenberg’s support of state funding and Lake Wyola Advisory Committee and Dam Management Committee Chairman Bob Thompson for his coordination efforts. Senator Stan Rosenberg: 1. Make sure that all steps of the “rather complicated” public bidding process are done properly. (Answer: Selectmen, Town Administrator and Engineer Root are all following the process.) 2. Are the repairs to be done “comprehensive”; after this project, when will repairs be necessary in the future? (Answer: Engineer Root assures the list of repairs to be made is “comprehensive.”) 3. (To a question posed): The DCR does not have a formal say in the final choice of a contractor. 4. How long before the dam will be in need of additional attention? (Answer: Engineer Root predicts 25 years for particular parts such as mortar repair.) 5. Who will maintain the dam? (Answer: the town; an inspection is required every two years.) 6. Are the funds requested sufficient to make the repairs? (Answer: Actual bids are an unknown; cost projections are a couple of years old. Tasks could be shaved or a special town meeting could be held. The town just approved a proposition 2½ override, taking stress off the operating budget. Project funds previously allocated for the 401 water quality permit and no longer needed, will go to meeting the unknown bid amount.) 7. Suggested the town set up a fund right now that can be contributed to year after year so that the next time repairs are needed some savings are available to cover those repairs. (Answers: This was already brought up at a recent Select Board meeting. The town voted to accept the Community Preservation Act (CPA) at the May 2008 annual town meeting. The paper ballot vote is set for the November election. Because the dam is a historic structure, its repair would qualify for use of CPA funds.) Select Board Chairman Becky Torres: The town has hired Phil Kinder as a local Clerk of the Works to assist Engineer Morris Root who will be the formal Clerk of the Works. Phil Kinder (who served as Clerk of the Works for the elementary school renovations) will assist and be supervised by Engineer Root and be much more available for day-to-day observation of the project than Engineer Root could be. Town Administrator David Dann added: During the permitting activity, the Conservation Commission wanted to make sure that all the environmental safe-guards were in place. The Conservation Commission will hire an Environmental Monitor strictly for environmental procedures. In answer to Bill’s question concerning dissolved oxygen. David confirmed that one of the elements of the environmental safe-guards includes monitoring dissolved oxygen in the remaining pond once the water has been drawn down. Engineer Root summarized the major elements of the proposed repairs before leading the group on a tour of the dam: * The original 1883 design served as the basis of the study of the dam. The current dam has a few modifications. * The three goals of the repair project include: o Enhance structure stability. * Stonework on the south end has shifted and will be re-worked. * An original design secondary sluiceway partial opening will be filled in. * A “slip-line” (round liner) will be installed in the main sluiceway to prevent possible erosion between the original sluiceway stones. * The bid wording states that re-working of face stones will respect historical appearance with matching stones including masking the round liner with face stones. o Address primary concern of over-topping. * The dam sits on hard-pan glacial till, the next best thing to ledge. * The dam top will be encased with concrete butting up to the capstones, including jacking up the gatehouse and pouring concrete underneath. New capstones will be set at the south end of the dam where it looks like smaller and smaller stones were used in the original construction. * (Bill noted that the Department of Conservation and Recreation (DCR) Office of Dam Safety has approved this concrete to serve as the now required emergency spillway area, relieving the town of needing to purchase new property and build an emergency spillway.) * Locks Pond Road is higher than the dam and causes “ponding” downstream from the dam when its culvert doesn’t keep pace with the outflow from the lake. A second engineer’s opinion concludes this ponding would not wash out the road but would rather flow around to the lower north elevation. * Heavy riprap will be introduced to the down stream base to address overtopping backwash. * Concrete on the existing spillway damaged by years of freeze and thaw action will be patched and voids underneath filled. A final overcoat will be applied to the entire spillway. o Perform “heavy maintenance.” * Stumps will be removed * A new heavy equipment access will be created on the south side. * Upstream riprap will be restored. At 9:30 AM the meeting group left the Lodge to tour the dam. It was agreed not to reconvene following the tour. The tour concluded at 10:30 AM. Support documents taken from the Lakewyola.org website follow: June 30, 2008 Elizabeth Cardona Director of Governor Patrick?s Western Massachusetts Office 436 Dwight Street, Room 300 Springfield, MA 01103 Dear Elizabeth, It was a pleasure meeting you Saturday at the Lake Wyola Advisory Committee meeting. Thank you so much for coming. Below please find a summary of the dam repair project, and general information about Shutesbury, Lake Wyola, and the State Park, along with several attachments. The dam at Lake Wyola was built in 1883 using stone and earth. The dam, which is located at the west end of Lake Wyola, is owned and maintained by the Town of Shutesbury for recreational purposes. Lake Wyola State Park, also known as the Carroll A. Holmes Recreation Area, is located in our town of Shutesbury, just north of Amherst. This 40-acre park is located on the shores of Lake Wyola, a Native American word meaning, ?quiet waters?. Here on the crystal clear waters of the 128-acre lake one can swim at the guarded beach or picnic at one of the many picnic sites all with charcoal grills. According to the State Park Manager there were over 40,000 summer visitors to the State Park last year. Countless others come to the lake for boating and fishing. In 2002, Massachusetts changed the regulations governing dams. Owners are now responsible for inspections and repairs to properly maintain dams under their jurisdiction. Owners are responsible for the loss of life and property resulting from dam failures. The Lake Wyola Dam is classified as a High Hazard Dam with a large impoundment. The dam receives this classification based on the potential loss of life and property in the event of a dam failure, and the size of the lake. There are 84 homes in the Saw Mill River flood plain zone, 4 in Shutesbury and 80 in Leverett. Root Engineering was retained by the Town to perform the Lake Wyola dam inspection in order to be in compliance with recent changes in state legislation for dams classified as HIGH hazard. The purpose of the dam inspection was to identify conditions, which may lead to structural failure or impede proper maintenance. Root Engineering?s complete inspection report was mailed to DCR?s Office of Dam Safety detailing the Dam?s condition and recommend repairs. The full report was also presented to the Lake Wyola Advisory Committee (LWAC), the Dam Management Committee (DMC), interested citizens, and Shutesbury Select Board on December 16, 2006. When discussing the structural condition of a dam, state regulations rate a dam?s physical condition as Good, Fair, Poor, or Unsafe. Upon completing the structural inspection of the Lake Wyola Dam, Root Engineering, has given the dam a rating of Fair, and a list of recommended repairs and maintenance actions that should be undertaken. Those recommendations are now in a bid document with detailed engineering repair plans. Bids are due July 8, 2008. (See attached Invitation to Bid Document). The Select Board understands that Lake Wyola is a valuable environmental and recreational resource for Shutesbury, surrounding communities, and the Department of Conservation and Recreation (DCR). Recognizing the overall effect the dam at Lake Wyola has on Shutesbury and the surrounding communities (i.e., Towns of Leverett, Montague, Sunderland, Deerfield, Wendell), the Select Board acknowledges that prompt and deliberate actions are necessary to improve the structural integrity of the dam and preserve the safety to life and property in the surrounding communities. The Town has always maintained its obligation to the Lake and is seeking an equal commitment from the State. Our funding request is only one half of the total costs, see spread sheet which lists our Town?s expenses beginning in 2005. We strongly believe that a partnership with the State will ensure Lake Wyola?s status as wonderful place for thousands of folks to enjoy. To date the town has spent $52,000 for engineering and permitting activity. We have $75,000 available for the anticipated repair costs and seek State assistance in the amount of $150,000. Representative Steve Kulik and Senator Stan Rosenberg have been instrumental in securing amendments in the FY09 budget for a portion of the dam repair costs. Our hope is that when the FY09 budget is released very soon, that earmark will be approved by the legislature and supported by the Governor. Our goal is to start the lake draw down right after Labor Day, complete all the repairs by Thanksgiving, and fill up the lake before Christmas. Everyone has worked very hard to make this happen and we appreciate your support. Thank you again for coming Saturday. I hope the next time you come, it can be to see the completed repairs to the dam. I will email this letter today as well as send it by mail with all the attachments. Please call me if you have any further questions or need more information. Sincerely, David C. Dann, Town Administrator Shutesbury Dam Repair Invitation for Bid Town of Shutesbury Invitation for Bid SHUTESBURY Lake Wyola Dam Repair Project The Shutesbury Select Board will accept bids for the Shutesbury Dam Repair Project until 11:05 A.M. on July 8, 2008 in the Town Hall where they will be opened and publicly read aloud. Bids will be taken under advisement for review by the consulting engineer and the Dam Management Committee. The project includes all parts, material, equipment, labor and clean-up. The work is to be accomplished between September 15, 2008 and November 22, 2008 a total of 69 calendar days. Awarding of the contract will be contingent on State Funding in the FY09 budget. BID Specs: The Lake Wyola Dam was inspected by the U. S. Army Corps of Engineers in 1979. At that time, there were several maintenance and structural deficiencies noted along with a concern for inadequate spillway capacity. The proposed project is intended to complete the repairs necessary and provide for a structure that can safely pass the Spillway Design Flood. The proposed repairs are as follows: * Remove tree stumps at left abutment where root penetrate into the dam embankment. * Fill the void under the concrete spillway slab at the right abutment. * Seal and fill the incomplete sluiceway near the left abutment. * Replace the trashrack at the sluiceway inlet. * Slipline the stone box culvert sluiceway. * Repoint the masonry joints in the gatehouse wetwell. * Repair concrete facing on walls in and adjacent to spillway. * Repair mortar joint between stones in spillway and concrete slab. * Apply waterproofing agent to the exposed concrete surfaces. * Reset the displaced stones in the downstream stone face for about 40 feet near the left abutment. * Remove the small stone riffle from the sluiceway outlet channel. * Construct a concrete cutoff wall behind the spillway left training wall. * Install a permanent seepage monitoring station (precast concrete with Bilco hatch). The dam structure will be protected against damage due to overtopping as follows: * Setting realigned capstones in mortar and repairing mortar at undisturbed capstones. * Constructing a concrete slab over the earthen portion of the dam crest. * Placing stone fill at the dam toe to protect against undermining caused by scour. * Anchoring the wood frame gatehouse to the concrete slab cap. * Restoring the upstream riprap face when the concrete slab is completed. The lowest responsive and responsible bidder for the Shutesbury Dam Repair Project will be awarded the contract. One copy of the bid package shall be submitted, in an envelope marked "Shutesbury Dam Repair Project" on the front with the name of the bidder's company in the upper left hand corner, and either hand-delivered to the Town Hall at One Cooleyville Road or mailed to: Town Administrator, Town of Shutesbury, P.O. Box 276, Shutesbury, MA 01072. Contact Town Administrator David C. Dann at 413-259-1214 for more information, to arrange for an inspection, or to purchase the complete bid documents for a fee of $100, non-refundable. A walk thru inspection of the Dam Repair Project along with a bidders conference will be conducted at the site at 10:00am on June 17, 2008. The General Contractor shall have the following qualification requirements: Prior experience with dams, water control, and concrete construction. Bidders are required to sign non-collusion and tax compliance statements. Prevailing wage applies. A 5% Bid deposit is required to be submitted with the bid. This is a Public Works Project and must follow all the rules and regulations of MGL chapter 30 Section 39M. The Town of Shutesbury reserves the right to reject any and/or all bids and to waive minor informalities or allow the bidder to correct them if it is in the best interest of the town. The successful bidder will be notified of the award approximately seven days after the bid opening. Shutesbury Select Board F09 Budget for Lake Wyola dam repair (6-18-2008) FY09 Legislative update on budget: Through the good work of our local legislators in the House and Senate the FY09 Budget has money in both budgets for the Lake Wyola Dam Repair Project. See below. The budget has now gone to a conference committee to work out the differences between the two budgets. There hope is to have it complete by June 20 for the Governor to review, but no guarantee. By state statue he has 10 days to review/make changes etc. before it becomes law. In the House Budget: Amendment #454 EOEEA Office of Dam Safety Mr. Kulik of Worthington moves to amend the bill in section 2, in item 2800-0700, by adding the following: "provided further that not less than $1,500,000 shall be expended to the town of Shutesbury for repairs to the Lake Wyola Dam." Amount was corrected to $150,000.00 In the Senate Budget: Amendment # 2800-0100 $150,000