VILLAGE DISTRICT OF EIDELWEISS
Commissioners Meeting
Thursday June 17, 2021
The Board of Commissioners met in the downstairs meeting room at Madison Town Hall at 9:00 am on Thursday June 17, 2021.
In attendance for the meeting were Commissioners Jay Buckley (JB), Mike Smith (MS) and Kathy Koziell (KK- who attended by phone), Administrator Donna MacKinnon (DM), Kelly Robitaille (KR), Treasurer Dinah Reiss (DR), Ralph Lutjen (RL), Paula Doyle (PD) and Madison TV video operator Tim Hughes (TH). Madison TV videotaped the public meeting.
At 9:08 am Commissioner JB calls the meeting to order
JB makes a motion to call KK who was not able to attend in person. MS seconds. Motion passes 2-0.
JB makes a motion to have PD take minutes. KK seconds. Motion passes 2-0-1. (Mike Smith abstains).
JB makes a motion to approve the public meeting minutes from 6/3 and 6/10. KK seconds.
Discussion: MS states he has not seen 6/3 minutes and has following changes to 6/10 minutes:
1-p. 2 referring to gag order on Nancy Cole. Wants to add that MS was upset with JB about contacting lawyer without board approval.
2-MS also asked to include that he asked for all paperwork and emails pertaining to Nancy Cole’s employment. JB points out that the minutes do say that MS asked for all emails. MS wants to include “all paperwork” too.
MS also states that the non-public meeting held last week was not on the agenda so that when he left the meeting early, he did not know a non-public meeting was going to be occurring and that he will not be staying at meetings past 1-1.5 hours because having 3-to-3.5-hour meetings is unproductive. KK states that non-public meetings are always held at the end and she did not know that MS was planning to leave meeting early. JB added that he did state at the beginning of meeting that a non-public meeting would be held. MS does not recall that.
JB makes a motion to amend the drafted 6/10 minutes per MS request and to only vote on 6/10 minutes today. KK seconds. Motion passes 3-0.
Motion to approve amended 6/10 minutes passes 3-0.
JB gives MS a hard copy of 6/3 minutes and states that they will revisit approval of these next week.
DPW REPORT
Tony on vacation this week so KR wants to move his review until next week.
Porridge Shore correspondence discussed from adjacent property owner. KR states that some of the orange blazes that were marked have been hidden. He believes that if a survey was actually done, there should be pins in ground to mark boundaries. JB states that the fence does not follow the blaze marks and is on district side of property. Surveyor should have placed 2 iron bars between which the property line could be ascertained. KK states that there is a white pipe on beach but others state this is not a surveyor pin.
MS makes a motion to get 3 prices from surveyors to survey the beach area. JB seconds.
Discussion that district should first contact White Mountain Survey and request that surveyor come to property and show us the markers. KK asks MS if he will make the call. MS states that he is here to manage and not to do work himself. KK states that she will call.
Motion passes 3-0.
KR states that he spoke to contractor about the driveway culvert installed at 8 Eidelweiss Drive (actually on Bern Drive). He says that the contractor thought that we could move the road culvert to accommodate what he put in. KR told him to resubmit a driveway permit for a smaller culvert. He installed the correct size per our guidelines but it was installed incorrectly. He changed everything that was in the permit including the slope of the property.
MS makes a motion to send a letter to the original homeowner (with a cc to the new homeowner) requesting that they resubmit a driveway application and talk to the contractor about how to do it correctly. JB seconds. Motion passes 3-0.
DM to draft letter and have KR review for accuracy.
KR states that a new property owner in Madison purchased a large lot on Eben Farm Rd but now wants to gain access through Eidelweiss on Biasca (preferably) or Adelboden. KR states that if he gains access through Eidelweiss then our DPW will be responsible for the driveway entrance. He states that this large lot was merged with a small lot in Eidelweiss on Adelboden at some point and it was then taken out of Eidelweiss. JB states that there is a Madison lot currently accessed on Aspen. KR states that the cul de sac on Biasca is not a good location for a driveway and that if we give access, Adelboden is better. Discussion on how the small lot on Adelboden came to be removed from Eidelweiss – no one knows how this happened but was done in 2009. DM tried to access Registry of Deeds to investigate but computer did not allow her to access.
JB makes a motion to go through the town of Madison to find out if this lot (#49) is no longer in the VDOE and determine how it was transferred. KK seconds.
Discussion: MS states that lawyers should resolve this and not the district commissioners or office. Also, that Avitar cannot resolve it and that they were simply changing the lines based on the change made by town.
MS makes a motion to amend the motion to state that we go through the town of Madison and their lawyers to find out if this lot (#49) is no longer in the VDOE and determine how it was transferred. JB seconds. Vote to amend passes 3-0. Vote on amended motion passes 3-0.
KR and KK discuss reviewing driveway at 7 Biasca Place. KK to call KR to arrange a time.
End of DPW report.
JB states that there will be a non-public meeting today for RSA 91-A:3, II (l).
DR asks if she can ask questions that DPW would be able to answer. First is about rocks on Class 6 Bristenstock Road – has it been resolved. KR says that he was told that these rocks will be removed when the property owner can get the equipment, he needs rented from Colemans.
DR asks about Omega Place up from West Bergamo. Are we aware that this Class VI Road, which was overgrown, is being cleared – some potholes have been filled but also ruts created by rocks that have been removed? JB states that they should ideally notify us but property owners have right to access their property. DR states that No Trespassing signs have been posted. KR states that as long as the road is left in better shape and does not keep others from accessing road, work should be okay.
KR leaves the meeting.
Administration Report
DM has received a 91A request asking if dam management policy has been filed with dam management bureau. DR states that dam status changed recently to higher risk. JB recalls that something was sent to Charlie Krautman at Dam management bureau when Adam Leiser was Commissioner. JB asks DM to contact Dam Management bureau and ask what they have on file.
DM has another 91A request from a resident asking to receive automatic reports every month for electricity usage, water usage, budget drawdowns and P&L spreadsheets in excel format. Discussion on whether or not to post to website – easy to do for smaller files but could be issue for large excel sheets. JB wants to take under advisement until district has more administrative help. MS and KK agree.
DM asks for approval on copy for new beach signs that were approved for spending last week. DM provides MS with hard copy to review.
KK suggests that the VDOE post a laminated sign on outhouses that states, “Please pardon our appearance. We have been unable to hire anyone to clean the bathrooms. If you would like the position, please contact the office at ….”
JB makes a motion to create and hang these outhouse signs as recommended by KK. KK seconds. Motion passes 2-0-1. (Mike Smith abstains).
Return to prior discussion on Beach signs. JB makes a motion to approve copy for beach signs. KK seconds. Mike Smith states he will not vote because this was done before he was on the board. Motion passes 2-0-1.
DM states that one of the properties that had a lien on it for non-payment of water bill has since paid their bill and the lien now needs to be removed. She called court to find out how to remove it and the court recommended that we draft verbiage and run by our attorney. DM also recommends that we send original lien verbiage to attorney.
JB makes a motion to send the original lien and draft of lien release to attorney for review.
MS makes a motion to have the attorney create lien releases. He states that we are not attorneys and should not be drafting legal notices. JB explains Turbo Court process. KK explains that these are simple forms that should not require attorneys. MS disagrees.
DM explains that 2 liens have been filed with the Carroll County Registry of Deeds.
2 previous stated motions are reviewed.
KK seconds JB’s motion that we send original lien and draft of lien release to attorney for review. Motion passes 3-0.
OLD BUSINESS
JB asks to confirm that public hearing will be held on 8/14, not in July. KK and MS confirm 8/14 date.
SIGNATURE ITEMS
JB makes a motion to approve the Payroll manifest for 6/18/21 for $6,030.15. KK seconds. Motion passes 2-0-1. MS abstained because he did not see it.
JB makes a motion to sign a letter to Erik Davitt at 29 Grachen. KK seconds. Motion passes 3-0.
MS states that he wants to go to non-public now because he has to leave soon.
DR requests that Public Comment be done first so others can leave meeting prior to non-public and not have to return. Commissioners agree.
PUBLIC COMMENT
DR asks if board has heard from attorney about Nancy Cole gag order. JB states that he spoke to attorney but it is confidential. Board states that a call has been scheduled with attorney for next week.
DR states that the $1.1 Million water system is in danger of not working because there is no padlock on the electric panel on the exterior of the new pump house. JB states that there is a main transfer switch that is not accessible. He will re-confirm.
RL asks if the Reinach project has been completed. JB states that the new system is operational and that pressure has been increased to houses in that zone. RL asks if financials have all been finalized. JB states that no because there is still work to be done on the Upper Lakeview or RIGI zone. However, it was also pointed out by Mark Graffam that there was a solution recommended in the 2009 master plan and he does not know why that was not part of the original design. KK points out that the master plan included just a recommendation but not a full design.
MS asks if Phase 1 has been closed out and the grants processed. JB states that there are still a few outstanding items including a punch list, old tanks emptied and filled, grass seed around new tank, old pump house demo’d and road conditions returned to original state. MS says 3-4% not done so 3% of dollars should still be outstanding.
Discussion on solution for the upper Lakeview pressure zone and necessity for a second zone at end of Blinden. Question if money exists to do this and will not a second zone be ineligible for grant. JB states that enough money should be available in contingency but will require getting DES approval and change of scope which his discussion with Rick Skarinka indicated that could be done but needs to be done quickly and done right in order to happen which is the goal.
DR asked about overflow at Summit this week. KK explains that they believe that there was a surge and that the system did not reset – the surge protector had worked 2000+ times and may just need to be replaced now. Ian was in the district and able to address quickly. Ian will be looking at surge protector and backup to insure it does not happen again.
NON-PUBLIC MEETING
JB makes a motion at 10:26 AM to go into Non-Public for RSA 91-A:3, II (l). MS seconds. Motion Passes 3-0.
JB makes a motion to come out of Non-Public meeting under RSA 91-A:3, II (l) and return to Public meeting at 10:57 AM and to seal the minutes from the non-public meeting. MS seconds. Motion Passes 3-0.
The videotaping was initiated at 10:58AM. MS left the meeting. JB stated that there is no longer a quorum of Commissioners in physical attendance and therefore the meeting would have to end.
The meeting ended at 10:59AM.
Respectfully submitted,
Paula Doyle