VILLAGE DISTRICT OF EIDELWEISS
Commissioners Meeting
June 6, 2019
The Board of Commissioners met at 8:00 pm on Thursday, June 6, 2019. In attendance were Commissioners Adam Leiser and Kathy Koziell and Jay Buckley. Also present were Mike Smith, Donna Smith, Jane Gunn, Dorothy Wondolowski, Gloria Aspinall, Ron Sandstrom, Lee Sandstrom, Paula Doyle and John Cooley of the LPC. The meeting was filmed for Madison TV by Tim Hughes.
At 8:00 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 are held first to allow persons present to speak.
10. Scheduled Appearances
Jane Gunn outlines that every northern state has some sort of Loon protection. Loons are actively protected in Maine, Vermont, Michigan, Montana and other states. Mike Smith discusses sending a letter to the office in April to handle the water level of Little Pea for protection of the loons that was approved. Is upset that the Board gave Adam permission to deal with the water level without receiving notice. Mike states that the Board has no experience with this issue and do not have enough experience to do this. Mike discusses NH Fish & Game intervening to keep the water level as it was for protection of the loon nests. Adam outlines that the Board is following the guidelines of the experts. Trying to find a long-term plan that will guide future Boards and the District in maintaining water levels for protection of the loons. Mike continues and restates that the Board does not know what they are doing. Ron Sandstrom suggests that the District should keep the level low until after the loons have nested. Ron states his house is on Big Pea, water level goes down and up, naturally finds a stasis. Ron recommends the District support the loons and conservation efforts. Adam Leiser states that if another board was removed, the channel between Big Pea and Middle Pea would be dry. Adam outlines that the year the beaver dam was removed was the wettest year and the level in Big Pea was low. Kathy Koziell outlines that the Board sought the guidance of the experts throughout this process. Paula Doyle states that she has witnessed all of the meetings. A very vocal resident on Big Pea has complained about the water level. Paula outlines the need for the Board to have input from all the involved experts. The input has been good. Paula adds that the Commissioners could have advised Mike of what was going on. Gloria Aspinall outlines that the first egg was laid while the nest was at water level. John Cooley states that the water level management has proceeded as normal. Case by case reviews and close management are needed for management of a loon nest. Gloria states that keeping a close eye on the water levels until the eggs have hatched. Gloria adds that the ponds are spring fed, wait until the eggs have hatched and then put the boards in. John Cooley adds that the pair on Little Pea nested in the third week of May the last few years. Jay Buckley adds that there is conflicting wishes; high pond levels, stream flow at the outlet. Jay apologizes to Mike for not informing him; Adam Leiser agrees. Mike Smith outlines that the outlet is a by-product of the ponds, there is no regulation that the outlet stream flow is maintained. Jane Gunn highlights that the low water level allows people to clean their beaches and is beneficial, not harmful. People could be pointing at the dam and the loons when it may not be their fault. Question on why persons are complaining. Paula Doyle highlights that those residents believe that the lower level could damage the ponds. Adam highlights the need for the study that NH Department of Environmental Services will be completing regarding the relationship between the dam and Big Pea. Ron Sandstrom states that Big Pea has a natural low-level limit. Does not believe that the pond is being damaged by management of the dam. A question on property turn-over is held. Average turn-over is stated to be 4 years. Dorothy Wondolowski states that persons illegally clearing up to the edge of the pond are the things that can damage the ponds most. Gloria highlights that if the VDOE follows the laws, everything should be OK. Ron states not a complex issue, check the nest site and lower the level until it is exposed. Paula states that the issue is two-sided. This is not an easy subject. Mike Smith states that loons have nested in the same area for 43 years. Paula adds that the same residents stated that they came to the prior board and felt they were ignored. Ron Sandstrom outlines that the lake level has been set for the loons for over 40 years. Adam sates at this time, following Fish & Game guidance will be done until the loon eggs have hatched. Jay Buckley makes a motion that the District control the water level of the dam for best management protection of the loons in Little and Middle Pea ponds. Adam Leiser seconds. Discussion on holding until DES report is received. Kathy states do the right thing now and determine after DES study is completed. Currently, the loons have eggs and protecting the nest is required by law. Discussion on actions of prior boards and addressing the concerns of the residents is outlined. Mike states that the current Board is to blame for this issue. Motion failed 0-3. Jane Gunn asks what agency is doing the report. DES is doing a hydrologic and hydraulic report on the flow of water through the dam and the effect on the Middle and Big ponds. Discussion continues; including an option to change the size of the boards for better regulation. Adam Leiser comments that the Commissioners must be doing it right because both sides are unhappy; those that feel the level is too low and those that feel the loons are highest priority. Dorothy Wondolowski confirms that the water level will be set for protecting the nest; it will be until chicks are in the water. John Cooley summarizes that the nest will be monitored by the Loon Preservation Committee. Mr. Cooley will continue to work with Fish & Game and NH DES as needed.
2. Highway Department Report
3. Water
4. Administration
Reinach tank proposal from Jones & Beach Engineering is reviewed. Updating to include phase 1 and phase 2 to allow for initial review by contractors is discussed. Adam Leiser makes a motion to request a two-part contract and provided there is no cost change, sign agreement out of session. Kathy Koziell seconds. Discussion ensues on benefits of verifying contractor interest prior to incurring cost for a final design. Motion passed 3-0.
Adam states that water committee has asked Adam to be contact with Chris Albert regarding the engineering. Adam states that there should be no concern with freezing of these tanks. Discussion on concern with ice formation on the walls without complete freezing of the tank which can still be a concern. Ice can cause stagnant water caught against the walls, allowing bacteria into system. VDOE does not want to need to chlorinate at any point in the future. Adam discusses that other local systems have stated no maintenance needed on the D&N tanks.
Audit is discussed. Adam Leiser makes a motion to sign the audit representation letter. Kathy Koziell seconds. Motion passed 3-0.
Payroll report is reviewed and discussed. Adam Leiser makes a motion to approve payroll in the amount of $6,906.42. Kathy Koziell seconds. Motion passed 3-0.
Discussion on the SRF pre-application is held. Update to show $20,000 engineering and $870,000 for construction is recommended. Adam Leiser makes a motion to give verification approval to Kathy Koziell. Kathy Koziell seconds. Motion passed 3-0.
Discussion on water hook up request received. Nancy outlines should send to engineer. Adam outlines prior discussion for possible change to ordinance to remove need to engineer each request. Adam Leiser makes a motion to send to Dubois & King. Kathy Koziell seconds. Jay Buckley discusses not sending to Dubois & King as the lot will most likely have insufficient pressure. Jay Buckley moves to table for one additional week. Motion tabled 3-0.
Meeting with the DPW crew is discussed. Regular meeting with crew is critical. Changing meeting times is outlined as one option. Meeting time change to 8 am for June 20th.
Proposed update to Water Ordinance is reviewed. Adam Leiser proposes informing seasonal turn valve changes by certified mail to property owners. Jay Buckley discusses people should be informed when they call to schedule. Discussion on clarity of wording is held. Water Ordinance wording will be updated prior to signing. Highway & Streets Ordinance update is reviewed.
Discussion on proposed contact to committee members regarding compliance with 91-A is held. Jay Buckley outlines that draft clearly states obligation of all committee members regarding 91-A. Jay outlines representation from Board of Commissioners to committee members should be on record. This will be discussed again next meeting.
5. Accounts Payable
Adam Leiser makes a motion to approve 19 checks for a total of $24,915.02. Kathy Koziell seconds. Motion passed 3-0.
6. Minutes
Adam Leiser makes a motion to approve minutes of June 1. Kathy Koziell seconds. Paula Doyle comments moving discussions to where they set as the minutes do not follow chronology. Jay Buckley makes a motion that June 1 minutes move paragraph on scheduled appearances to first discussion topic. Adam Leiser seconds. Motion passed 3-0. Adam Leiser makes a motion to approve the minutes of June 1 as amended. Jay Buckley seconds. Motion passed 3-0.
Adam Leiser makes a motion to approve the minutes of the Public Hearing June 1. Kathy Koziell seconds. Motion passed 3-0.
7. Commissioners Reports
Kathy Koziell states that she has registered the DPW for a fire safety webinar on June 20 at 10 am. DPW will attend webinar as the June safety meeting.
Kathy Koziell states that the building interior electric work has been completed; the hot water heater is now working as are the motion lights. Exterior lights at DPW II still need to be repaired.
Kathy Koziell completed a pump house tour for review of electrical work Larry Leonard and Ian Hayes.
Kathy Koziell has created map and lot number labels for relabeling property files in the office.
Jay Buckley outlines that he has three volunteer projects he would like to propose. The bulletin board area would need a $500 allocation.
White lines for basketball court at Eidelweiss Beach are discussed. Jay Buckley makes a motion to approve up to $100 for paint and have volunteers paint the court lines. Adam Leiser seconds. Motion passed 3-0.
Jay Buckley discusses line striping down Eidelweiss Drive. States ok to do single line. Question on double line and side edge fog lines.
Adam Leiser states that an Environmental Committee meeting was held Sunday night. The Environmental Committee has recommended to Commissioners request the EPOA be asked to pay for pond testing. Adam Leiser makes a motion to ask the EPOA pay for lab testing portion for bi-weekly pond testing; weekly if a beach takes a hit. Kathy Koziell seconds. Motion passed 3-0.
Adam Leiser makes a motion to post a job for beach raking for Mon to Fri. Jay Buckley seconds. Motion passed 3-0.
8. Signature Items
Adam Leiser makes a motion to have Adam Leiser sign Eversource agreements for use of their land to access the DPW yard. Kathy Koziell seconds. Motion passed 3-0.
Adam Leiser makes a motion to have Adam Leiser sign the second Eversource land use agreement for storing equipment in the yard for another 3 months. Jay Buckley seconds. Motion passed 3-0.
Maudsley response as updated at last meeting is reviewed. Adam Leiser makes a motion to sign the letter to David Maudsley. Jay Buckley seconds. Motion passed 3-0.
Way response reviewed. Adam Leiser makes a motion to sign the letter to Derek Way. Kathy Koziell seconds. Motion passed 3-0.
Audit representation letter is reviewed. Adam Leiser makes a motion to sign the audit representation letter. Jay Buckley seconds. Motion passed 3-0.
EPOA lodge use request is reviewed. Adam Leiser makes a motion to approve EPOA use of the lodge Sat June 8. Kathy Koziell seconds. Motion passed 3-0.
WO 2019 for culvert replacements at 22, 24 and 26 Middle shore is reviewed. Adam Leiser makes a motion to sign WO 2019. Kathy Koziell seconds. Motion passed 3-0. Property owners will be informed.
Adam Leiser makes a motion to sign Water Ordinance as updated at Public Hearing 6-1. KK seconds. Discussion on wording being unclear. Will be updated prior to signing.
Adam Leiser makes a motion to sign the Highway & Parking Ordinance as updated at the Public Hearing June 1. Jay Buckley seconds. Motion passed 3-0.
9. Correspondence
11. Public Comment
Paula Doyle requests updating of signs at the beaches to agree with Ordinance wording. Recommended wording has been completed by the Communication Committee and will be sent to office. Paula states that the Communication Committee recommends the VDOE not start a Facebook page. Paula adds that the Communication Committee recommends the Board not respond to official business on social media. Adam Leiser makes a motion to accept the recommendations of the Communication Committee. Kathy Koziell seconds. Motion passed 3-0.
12. Other Business
At 11:03 pm Adam Leiser makes a motion to enter Non-Public session pursuant to RSA 91-A:3, II (a) employment matters and (e) legal matters. Kathy Koziell seconds. Motion by roll call vote Adam Leiser yea, Kathy Koziell yea, Jay Buckley yea and the motion passed 3-0.
At 11:35 pm Adam Leiser makes a motion to exit Non-Public session and resume the public session. Kathy Koziell seconds. Motion passed 3-0.
Kathy Koziell will cover the office tomorrow afternoon so Nancy can take the afternoon off.
The status of the Sherriff’s tower update with the Madison Planning Board is discussed. Adam Leiser makes a motion to have Jay Buckley act as VDOE BOC representative on Sherriff’s tower. Kathy Koziell seconds. Jay Buckley outlines VDOE as landlord; not project proposer or developer. Notice for Madison Public Hearing will be published in VDOE newsletter and posted. Motion passed 3-0.
At 11:47 pm Adam Leiser makes a motion to adjourn the meeting. Kathy Koziell seconds. Motion passed 3-0.
Respectfully submitted,
Nancy E. Cole
Administrator