VILLAGE DISTRICT OF EIDELWEISS
Commissioners Meeting
June 1, 2019
The Board of Commissioners met following the Public Hearing on Saturday, June 1, 2019. In attendance were Commissioners Adam Leiser, Kathy Koziell and Jay Buckley. Also present were Treasurer Dinah Reiss, Mark Graffam, Mike Dolan, Dianna Dolan, Angela Carini, Larry Leonard, Paula Doyle, Terri Cancelarich, Randy Knowlton and John Cooley of the Loon Preservation Committee. The meeting was filmed for Madison TV by Tim Hughes.
At 9:25 pm Commissioner Adam Leiser calls the meeting to order.
1. Agenda
Adam Leiser makes a motion to approve the agenda. Kathy Koziell seconds. Motion passed 3-0.
Scheduled Appearances is held first to allow persons present to speak.
10. Scheduled Appearances
Many emails have been sent regarding the level of the ponds. Letter from Fish & Game has been received. Kathy Koziell reads letter. Letter states that VDOE should not place a board at this time based on the location of the loon’s nest. Placing a board that could flood the nest would be a violation of RSA 212-A. Outline of report that will be completed by DES giving additional information on the relationship between the ponds and the dam on Little Pea is highlighted in the letter. Adam Leiser outlines statement by DES to wait until we heard from Fish & Game before adding a board. Study will be done to create a long-term plan for the ponds. Mike Dolan outlines that a floating nest exists on Big Pea; nest is not used. A floating nest for Little Pea may be an option. Placing a dam at Big Pea is discussed as a possible option. This would be a one to two-year process. Terri Cancelarich discusses a pre-emptive draw down of the ponds prior to the nesting of the loons as her point of contention with the Board. Adam states that a better investigation of this process has been worked on in the last three and a half weeks than has been done in years. Adam adds that currently there is one additional board in the dam than prior years. The process on file with DES has been followed. Terri states process not followed. Kathy Koziell outlines intent to cut down some boards for future regulation of pond levels with less impact to the ponds. Judy Taylor outlines that some decent information has been received and that Board has gone above and beyond for this issue. Mark Graffam questions a highway department report and if reports are received weekly. Mark Graffam questions if the DPW reported that they were looking at the Big Loop culvert. Debris has built up at the culvert. This debris is keeping Big Pea 2 inches higher than it would be naturally. Cleaning the culvert inlet is discussed. Adam Leiser makes a motion to have the DPW clean debris at the Big Loop culvert. Jay Buckley seconds. Question on ability to clean culverts; does not apply to this structure. Jay Buckley adds that the culvert is not a dam. Motion passed 3-0. Terri Cancelarich questions the larger culvert that was installed when the old culvert failed and was replaced. Mark Graffam stated that this was mandated by the State. Terri Cancelarich makes a remark on the loons as a threatened species in NH only; loons are not protected in VT or MA. Terri continues with a comment on LPC failing in their mission since loons are still threatened after 30 years and then remarks on the financial status of the LPC. Terri Cancelarich leaves the meeting.
John Cooley of the NH Loon Preservation Committee (LPC) has joined the meeting to review the status of the loon’s nest. Placement of a floating nest on Little Pea is discussed. John thanks persons for their involvement for protection of the loons. Nest is vulnerable to flooding or stranding if water level increases or decreases. It is the obligation of the stake holders to protect this nest and the eggs. Two eggs are in the nest. John discusses holding level at dam in attempt to keep Big Pea higher. However, this cannot be done now that the loons have nested. DES is preparing the study to attempt to answer the questions on the relationship of the pond levels. Adam informs John that the Commissioners are not making any change at this time. Possibly keeping water at a higher level at the dam in spring; maybe 6 – 8 inches, could be done going forward. Dam management solely for protection of a loon’s nest is for the four weeks the birds are on the nest. June 20th is around the time that the loons should leave the nest. John Cooley outlines that a floating nest could be a reasonable option in future years if necessary. If the loons have a natural site available that will always be the first preference. John would like to see the report that DES will complete to review the relationship between the dam and Big Pea. LPC will be glad to review all options once the study is complete. Effect of dam on the level of Big Pea is discussed. Mark Graffam outlines that the level of Big Pea is a function of source and rainfall and not specifically limited to the dam at Little Pea.
John is aware of one floating nest raft on Big Pea; LPC was not involved with this. The practice of persons placing their own rafts is discouraged but does occur. LPC follows specific protocol when placing rafts. Mark Graffam outlines sloping waterfront property and the nature of persons who lose property at the high-level mark and concern of others on same lake stating very low water level. This is due to the fluctuating slopes on persons property. Objective information is needed to offset some of the emotional responses persons have regarding their property. Mark Graffam outlines knowing the high-water level for all VDOE properties would be a beneficial benchmark. The high-water mark on the dam should be a guide. Study is needed. Kathy Koziell questions if loons will seek a different location if nesting site is not available for whatever reason. John Cooley outlines less success at any other nest site on Little Pea. This pair of loons has been successful for many years; there are only a few pairs of loons with this success rate. John Cooley states that he has not seen erosion at this site. Paula Doyle asks John Cooley if he knows why loons are protected in NH and not in other states; summarizing Terri Cancelarich’s strong negative comments regarding the LPC. John states loon population increase since LPC formed. Threatened status of loons reflects the intensive management of loon nesting sites that is needed. Remain on list because the sites require a large amount of management and conservation efforts in order to have successful nests. Lead sinkers used by fishermen still have large negative impact on the loons. Mr. Cooley does not think LPC has been unsuccessful but it is still a work in progress.
2. Highway Department Report
3. Water
Discussion on having additional information from Ian Hayes on a regular basis is outlined.
Monthly billing as outline of daily activities is discussed.
4. Administration
Tire damage incurred by resident Derek Way is discussed. The metal piece hit was 6 -7 feet off the side of the road on Sarnen and sticking out about 4 inches. RSA 230:91 is discussed. Municipal liability does not occur unless the hazard was known. Adam Leiser makes a motion to decline request for reimbursement to Derek Way. Kathy Koziell seconds. Jay Buckley states that removal of old signpost should have been done when the new sign was installed. Jay Buckley adds that he is inclined to recommend paying for this. Adam discusses the location off the side of the road and not in the roadway. Discussion continues outlining other areas near that spot that could have been used to turn around. Discussion on VDOE liability. Law is clear that municipal liability does not exist if hazard is unknown. Jay Buckley disagrees; stating prior DPW should have removed the old post when placing a new post. Motion passed 2-1 with Jay Buckley against declining request. Adam will draft a letter.
Discussion on communication. Adam Leiser discusses drafting of a policy. Balancing the law and getting people information is outlined as a challenge. Developing a Facebook page is outlined as something to look into. Communication Committee will discuss at this week’s meeting; Tuesday at 5 pm at the lodge. Posting will be updated to show location change. Jay Buckley discusses use of social media to release information to the public. He hasn’t publicly posted on the info-board due to potential appearance that communication is from the Board. Allowing the Communications Committee to update website and using the Communications Committee newsletters which are approved by this Board as official means of communication is outlined and discussed. Jay warns against use of social media. Discussion that it does take time to get information out due to the approval process occurring during posted public meetings is held
Review of Administrator’s memo about compliance with RSA 91-A, the NH Right-to Know Law, is outlined.
Closing of the outhouses will be looked into by the Environmental Committee. Outhouses will be used this year.
Reinach tank proposal questions are reviewed and discussed. Jay Buckley discusses creating an outline that could be reviewed by contractors for a preliminary design to obtain a feel for contractor interest. If review shows that significant savings can be obtained, move into full proposal and design at that time. Adam outlines that he is 90% certain this tank will cost less. Jay states that delay can be mitigated if engineer releases initial first phase design. Jay recommends preliminary numbers for protection of the District. Paula Doyle outlines project management for this timeline. Jay outlines need for regular meetings of water committee to oversee this and stay on point for meeting any timeline established. Outline for obtaining a preliminary cost estimate is discussed. Protection for the VDOE taxpayer is recommended; obtaining additional information is advisable. Mark Graffam outlines review of historical information; tanks timeline is concerning. Lift time pressure and do it right; full review of all information needed. Recommendation to discuss projects with project owners and not the supplier is made by Mark Graffam. Jay Buckley will look into obtaining additional information.
State Revolving Loan Fund application will be pulled for review by the Board for next Thursday.
Discussion on audit status, the auditor and possible changing of the auditor is held. Review of bidding process for audit services will be done.
Adam Leiser makes a motion to contact White Mountain Survey for estimate of engineering costs to remove Burgdorf culvert. Kathy Koziell seconds. Motion passed 3-0. Discussion on closing Burgdorf permanently as two dead ends is discussed. Randy Knowlton states he has no interest in allowing a turn-around on his property. Adam Leiser outlines obtaining the lot for green space. Road would still be Class V. Discussion on trails, persons who walk dogs on the road and joggers is held. Mr. Knowlton will consider use of the land for future additional discussion. Discussion continues on creation of estimates. Adam discusses sending design to White Mountain Surveying. Mark Graffam recommends having review of designed plan done by more than one engineer. Adam Leiser makes a motion allocate up to $400 for WMS to review design for Burgdorf. Kathy Koziell seconds. Motion passed 3-0. Adam Leiser makes a motion to obtain a number for designing update to plans for more affordable solution. Jay Buckley seconds. Motion passed 3-0. Adam Leiser makes a motion to remove Mary Alice Lapointe and Maryann Jackson from Environmental Committee as neither committed to being on the committee. Kathy Koziell seconds. Motion passed 3-0.
Adam Leiser makes a request to have Kelly Robitaille review possibility to create a one-way road for Little Loop. Jay Buckley discusses additional information/consultation from police and fire prior to any action on this request.
Adam Leiser makes a motion to approve up to $800 for culvert replacement at 22, 24 and 26 Middle Shore Drive. Jay Buckley seconds. Motion passed 3-0. Adam Leiser makes a motion to have work completed by July 1. Kathy Koziell seconds. Motion passed 3-0. Adam Leiser moves to amend completion date to June 28. Kathy Koziell seconds. Motion passed 3-0.
Adam Leiser makes a motion to have Adam Leiser contact Jim Lyons to inform him the Saint Moritz project is on hold due to grader being in shop. Jay Buckley seconds. Motion passed 3-0.
Jay Buckley makes a motion to advertise for cleaning of outhouses. Adam Leiser seconds. Discussion on posting the position on the bulletin board. Adam Leiser discusses moving on; allow Gina to keep position. Paula Doyle outlines adding time weekly for beach testing. Motion passed 2-1 with Adam Leiser against posting position due to a qualified, experienced applicant who has her own cleaning business, history of difficulties in filling this position and not spending additional time on this matter.
5. Accounts Payable
Adam Leiser makes a motion to approve 1 check for a total of $42,000. Kathy Koziell seconds. Motion passed 3-0.
6. Minutes
Adam Leiser makes a motion to approve the minutes of 5/23/19. Kathy Koziell seconds. Motion passed 3-0.
Adam Leiser outlines correcting minutes of 3/12. This will be discussed at next meeting for any correction of the minutes.
7. Commissioners Reports
Jay recommends set schedule for water committee meetings. This will be worked on.
Adam Leiser questions responses to emails when information sent by Facebook to the office. Mark Graffam outlines forwarding information to the office when it should be sent. Mark Graffam outlines placing documents on the website and simply referring to the location of the document. Mark Graffam discusses a memo received by a prior VDOE Attorney advising caution while using social media for public officials and possibility of first amendment violations as recommended by Attorney Dan Crean. Not commenting on public sites is general recommendation. Paula Doyle outlines that newsletter can include additional specifics but is for all persons. Some people may not be interested in details such as engineered drawings.
8. Signature Items
Eversource property usage letters – hold for next meeting.
Response to Tommy Gunn is reviewed. Adam Leiser makes a motion to sign the letter. Kathy Koziell seconds. Motion passed 3-0.
Response to Rob Galante is reviewed. Adam Leiser makes a motion to sign the letter. Jay Buckley seconds. Motion passed 3-0.
Response to David Maudsley is reviewed. Email received stating response of May 24 was not appropriate. Response is read. Jay Buckley makes a motion to update letter and sign out of session. Kathy Koziell seconds. Motion passed 3-0.
Thank you to volunteers is reviewed and discussed. Jay Buckley proposes that all volunteers be invited to an end of season appreciation event. Adam Leiser makes a motion to approve $300 from Parks & Recreation for a volunteer appreciation day. Motion fails for lack of a second. Jay Buckley states that he will fund this event.
9. Correspondence
Correspondence regarding pond levels have been discussed.
11. Public Comment
12. Other Business
Document on website regarding Bergdorf culvert replacement in the amount of $175,000 is discussed. No quote was received for this amount. The quote received was for $300,000-$350,000. Adam Leiser makes a motion to remove the document from website. Jay Buckley seconds. Discussion on official website; www.vdoe-nh.org is held. EPOA as separate entity is outlined and discussed. Yahoo info board and Facebook sites being run by residents and not the VDOE is outlined. Motion passed 3-0.
The water rate projection calculation on the website is discussed. Calculation was reviewed and the number shown is incorrect. Projection used was $50,231; actual is $66,000. Rate projected is incorrect due to this error. Discussion continues on old documents on the website and best way to keep the information current.
At 12:24 pm Adam Leiser makes a motion to enter Non-Public session pursuant to RSA 91-A:3, II (c) reputation. Jay Buckley seconds. Motion via roll call vote Adam Leiser yea, Kathy Koziell yea, Jay Buckley yea and the motion passed 3-0.
At 12:35 pm Adam Leiser makes a motion to exit Non-Public session and resume the public session. Jay Buckley seconds. Motion via roll call vote Adam Leiser yea, Kathy Koziell yea, Jay Buckley yea and the motion passed 3-0.
Adam Leiser makes a motion to have Jay Buckley update process for committee member training. Jay Buckley seconds. Motion passed 3-0.
Adam Leiser makes a motion to seal the minutes of the non-public session. Jay Buckley seconds. Motion passed 3-0.
At 12:36 pm Adam Leiser makes a motion to adjourn the meeting. Kathy Koziell seconds. Motion passed 3-0.
Respectfully submitted,
Nancy E. Cole
Administrator