Dam Management District Overview

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Presentation transcript:

Dam Management District Overview

Creation of a Dam Management District Agenda Why Do We Need A Dam Management District? What is a Dam Management District? Financial Impact Scenarios

Why Do We Need A Dam Management District Pascoag Reservoir / Echo Lake – A Natural Resource Quality of Life / Life Style Swimming Boating Fishing Skiing Benefits to the community Campground serving hundreds of campers Boat Marina for dozens of boat owners Episcopal Conference Center & Mother of Hope youth programs. Annual Fishing derbies Winter Ice fishing Added property valuations of approximately $25,000,000 (strictly due to waterfront premium)

Why Do We Need A Dam Management District Preservation of Dam Control Fairness Future Opportunity for Ownership Preservation of Dam No significant maintenance for years This is not likely to change under current owner Control For years, we have been under threat of legal access and limitations from the owners Fairness Voluntary dues has not been equitable with less than half of those benefiting participating Future At some point in the future, the dam will require major repairs. Ownership Current owner would prefer to donate dam & lake to non-profit organization

Why Do We Need A Dam Management District RI DEM RI General Law Chapter 46-19, “Inspection of Dams and Reservoirs”, Originally passed in 1896. Amended in May 2006 giving DEM more enforcement powers The RI DEM, promulgated a new regulation entitled: “Rules and Regulations for Dam Safety” Effective on December 20, 2007 Purpose: Requires dams to be frequently and thoroughly inspected Requiring dam owners to take necessary action to maintain the safe condition of the dam Pascoag Upper Dam requires inspection every 2 years Inspection to be performed by an engineer

Low - Significant - High Dam ratings “Hazard classification” Low - Significant - High Rating for a dam that relates to the probable consequences of failure or mis-operation of the dam. The determination is made by the DEM based on an assessment of: loss of human life damages to properties or structures loss of use as a drinking water supply This rating has no relationship to the current condition of the dam. A higher hazard dam does not imply that it is more likely to fail than a lower hazard dam.

What Is A Dam Management District CHAPTER 45-62 - Dam Management Districts (Enabling Legislation) Authorize cities and towns of the state to adopt ordinances creating dam management districts New amendments will allow the towns of Burrillville and Glocester to exempt from taxation certain property owned by a dam management district and would provide for the collection of dam management district fees in those towns.

Dam Management District Ordinance As developed by Burrillville and Glocester Town Councils Purpose To prevent threats caused by the failure or breach of the Dam To protect & maintain the value of the Dam Apportioning fairly among all owners Designed following the guidelines provided in the enabling legislation. The purpose: To prevent threats to the general public welfare, public safety and public and private property caused by the failure or breach of the Pascoag Dam To protect the values associated with the Dam through the implementation of Dam repairs, maintenance and management Apportioning among and collecting from the owners of property within the district the costs of maintaining and repairing the Dam and the access routes to the Dam

Dam Management District Ordinance Powers and Duties of the DMD: Responsible for all aspect of inspection & maintenance Manage funds for operations Manage grants and loans Fix rates and collect fees Powers and Duties The periodic inspection, maintenance and/or repair of the Dam and facilities Provide for the supervision, control, maintenance, repair and/or reconstruction of the Dam Update members of the Management District on new information or procedures for proper maintenance and operation of the Dam and the implications for failing to operate and maintain the Dam in a manner that meets generally accepted dam safety practices; Raise and expend funds for the administration, operation, contractual obligations, and services Apply for, contract for, receive, and expend grants and loans Fix rates and collect fees

Major Questions Who will be in the DMD? Who will be able to vote? Board of Directors & Officers? How will by-laws be established? How will operating budget be established? How will budget be apportioned?

1. Who will be in the DMD? All properties directly abutting the lake or having direct access to the lake Any properties having deeded access to the lake

1. Who will be in the DMD?

Eligible Voter: The owner of any property located in the DMD. 2. Who will be able to vote? Eligible Voter: The owner of any property located in the DMD. Multiple/Joint Owners: designate one representative to vote Multiple Properties: One vote Eligible Voter If more than one owner, all such owners shall jointly designate in writing one owner who shall be the Eligible Voter Eligible Voter shall only be entitled to cast one vote regardless of how many properties the owner may hold title to. Each Eligible Voter shall have one vote on all DMD matters, including the budget.

3. Board of Directors & Officers Board of Directors (BOD) Seven individuals Must be Eligible Voter of the District. Five members from Burrillville Two members from Glocester. Total Properties = 323 Burrillville = 248 (77%) Glocester = 75 (23%) Initial Board Appointed by the respective Town Councils Shall serve until the first Annual Budget Meeting. Thereafter, the BOD shall be elected by members of the DMD Board of Directors The board of directors shall consist of seven individuals all of whom must be Eligible Voters of the Management District. Five members shall be Eligible Voters in the Town of Burrillville Two members shall be Eligible Voters in the Town of Glocester. Show breakdown of properties Initial Board will be appointed by the Towns and shall serve until the first Annual Budget Meeting. Thereafter, the BOD shall be elected by majority vote of the voting members of the DMD, for terms as established in the by-laws.

3. Board of Directors & Officers? Board of Directors Structure The BOD shall elect three of its members as: President Vice President Secretary Officers of the Management District shall be appointed by majority vote of the BOD Collector Assessor Treasurer And any other deemed necessary

4. How will by-laws be established? The Board of Directors Responsible to develop the by-laws Presented to the members for approval Six (6) months The Board of Directors will be responsible to develop the initial by-laws to be presented to the members of the DMD Upon the passage of the ordinance, the BOD shall within six (6) months call the Initial Meeting of the Management District for the purpose of adopting by-laws. The BOD shall provide a copy of the proposed by-laws, and a notice of the time and place of the Initial Meeting via first class mail to the owners of property located within the DMD.

5. How will budget be established? Annual Budget Meetings Initial budget meeting will be held within six months after the approval of the by-laws. Board shall prepare the budget each year. Approval by a majority of the votes cast by the eligible voters. Annual Budget Meetings Shall be held as specified in by-laws Board of Directors shall prepare the budget each year for presentation and explanation to the body. The proposed budget and a notice of the date, time and place of the Annual Budget Meeting shall be sent to all property owners in the Management District Approval of the budget shall be by a majority of the votes cast

6. How will the budget be apportioned? The Ordinance allows the apportioning of the budget in the following ways: May be based on a flat rate established by the Board to be applied uniformly on property located within the DMD. (Fixed fee for everyone) May be based on a rate to be established by the Board to be applied against assessed values of property in the DMD. (Variable fee) Or may be a combination of a flat rate and assessed value rate. The actual method used will be established in the by-laws. Annual Budget Meetings Shall be held as specified in by-laws Board of Directors shall prepare the budget each year for presentation and explanation to the body. The proposed budget and a notice of the date, time and place of the Annual Budget Meeting shall be sent to all property owners in the Management District Approval of the budget shall be by a majority of the votes cast

Financial Issues Click here to view $ impacts:

Q & A Documents Are on line at: PUDA2008.org