2021-07-29 Commissioners Meeting

VILLAGE DISTRICT OF EIDELWEISS

Commissioners Meeting

Thursday July 29, 2021

The Board of Commissioners met at 9:00 am on Thursday, July 29, 2021.  In attendance was Commissioners Jay Buckley & Mike Smith.  Also, in attendance was Highway Foreman Kelly Robitaille and Donna MacKinnon taking minutes.  People in attendance were Dinah Reiss, Treasurer, Doug Prescott, & Gloria Aspinall. The meeting was filmed by Tim Hughes, Madison TV.                            

At 9:01 am Commissioner Jay Buckley calls the meeting to order.   

1. Agenda

Jay Buckley makes a motion to approve agenda.  Mike Smith seconds. Motion Passed 2-0.

Jay Buckley makes a motion to approve the minutes of 7/19/21 & 7/22/21.  Mike Smith seconds up until he left the meetings.  Jay Buckley amends minutes of 7/22/21 with the change of 28 Grandval Way to 8 Grandval Way. Motion Passes 2-0.

2. DPW Report

Discussion of High-water level at the Dam-Kelly Robitaille states he received a phone call from a citizen and agreed the water is at a high level and is asking for permission from the BOC to remove a board due to the upcoming forecast for rain.  Mike Smith asks who is in charge of the Dam water levels.  Kelly Robitaille states the BOC are in charge.  Mike Smith asks why Kelly R is not in charge.  Kelly states according to the current policy the BOC are in charge.  Mike Smith would like Kelly R to be responsible for the DAM and if the BOC have an issue with Kelly’s handling of the DAM, they will deal with Kelly R as a board the BOC should not be involved in Kelly R’s day to day activities. Kelly R just want to cover himself.  Jay Buckley asks who the citizen was Kelly R says it was Gloria and she has multiple issues that she will be bringing up at the town hearing. Kelly R. knows there will be a problem with pulling of the board and doesn’t want to be put in the middle. Jay Buckley states if a board was pulled because of one resident then other residents will be calling to not to pull the board and doesn’t want Kelly R to be put in the middle.  Mike Smith states there was a petition to put a Dam in by a homeowner and the homeowner never follow up with.  Mike Smith feels that Kelly R should be in charge of the DAM as part of his job.  Kelly R states the solution was the level should be 4 inches below the spill and it is marked now.  The level now is about 6 inches above the mark and Kelly is trying to correct it so that it will be at the marked line to maintain a steady level. Jay Buckley states that the mark is the minimum for acceptable level, Kelly R thinks the policy states that it should be 4 inches above the mark and is asking what should be done.  Mike Smith states that for years the District always allow the levels for the loons and not flood out the residents and that the DPW was always in charge and not have the BOC manage it and let Kelly R do his job.

Gloria Aspinall asks the BOC to pull a board because her property is being over flooded.  She states the assessor from the Town of Madison came to her property and stated that the peninsula is deemed wetlands which with the levels so high it is now on her property and has caused damage to her retaining wall. 

Jay B states Kelly R can do whatever he has to do what ever he feels best to do.  Kelly R. wants the backing of the BOC otherwise he doesn’t want the responsibility.

Mike Smith makes a motion for Kelly Robitaille to come to the Public Hearing August 14,2021 at 7:00 pm. with pay.  Jay Buckley Seconds. Motion Passed 2-0.

Kelly R asks the BOC to approve his vacation time August 9 through August 13, 2021.

Jay Buckley makes a motion to approve Kelly Robitaille’s vacation August 9 through August 13,2021.  Mike Smith seconds.  Motion Passed 2-0.

Kelly Robitaille states he will be pulling a 10-inch board now that he is in charge and will not let the water go below the mark.

Discussion of 6 & & Lakeview Drive end of the dead end of road-Kelly R states he has received complaints from the homeowners at 7 & 5 Lakeview Dr. the water washes down the road and damaging the road.  Kelly R states that there was no culvert at 6 Lakeview and only half a grate at 7 Lakeview causing damage to the road.  The homeowner at 6 Lakeview filed for a driveway permit to pave prior but decided not to which would have required the homeowner to put in a culvert and with the driveway being so wide with paving it would cause more damage to the road, and the homeowner at 7 Lakeview would need to extend the grate at their property.  Kelly R will tread lightly with7 Lakeview Dr because it is a commissioners property.  It is 7 & 5 Lakeview Dr. who is complaining and Kelly R feels it is not a big problem but an inconvenience to the homeowners with the silt but no big gullies are in the roadway.  Kelly R did talk to the homeowners stating that it is going to big a bigger issue than they think with it being at the end of a Class VI Road.

Discussion of Class VI Road List-Jay B will work with Kelly R and define the Class VI Roads and come up with an official Class VI Road document.

Discussion of Class VI if road improvements as to 6 Lakeview Dr. culvert who would be responsible for paying for the culvert.  Kelly R states he is just giving the BOC something to think about.

Discussion of 16 East Bergamo Emails from homeowner & attorney-Equipment was left on Class VI Road by contractor doing the water hook up at 19 East Bergamo.  Mike S states that this is between the homeowner at 16 East Bergamo and the Police.

Email from the Attorney was not factual and Jay B will draft a letter back to the Attorney for the BOC to approve at the next BOC meeting.

Discussion of 21 Little Loop-Jay B states it is an unbuildable lot according to the Town of Madison map card.

Discussion of Mr. Burr email regarding 8 Eidelweiss-Mike S asks Kelly R what his preference is regarding the correction to the driveway permit.  Kelly R thinks the engineer should engineer the culvert.  The engineer should design it, build it and the DPW should be paid by the original homeowner to oversee the culvert project.

Mike Smith makes a motion to respond to the engineer to 1. Resubmit Driveway permit application with drawings designed by the engineer. 2. For the contractor to install culvert. 3. Have Kelly R oversee project and be paid by the original homeowner for Kelly R.’s services. 4. Have the engineer contact the office to meet with Kelly R. to go over project.  Jay Buckley seconds. Motion Passed 2-0.

Discussion of the compliance fines-$275.000 each day 2 weeks + 2 day would equal $4125.00.  Jay Buckley would waive the fees at this time Mike Smith will not.

Mike Smith makes a motion if engineering & work is done by August 20, 2021, fees will be waived if not the fines will be reinstated.  Jay Buckley seconds. Motion Passed 2-0.

Discussion Jim Lyons email-The DPW has address the matter.  The culverts were cleaned out and nothing was damaged.

Discussion Jake Dawson meeting-Jay Buckley met with Jake Dawson and Jake Dawson agreed to patching the Asphalt that was damaged during work done on the water project.

Discussion of speed bumps

Discussion of EPOA BBQ

4. Accounts Payable

Jay Buckley makes a motion to approve the Payroll Manifest of 7/30/2021 for $7579.40.  Mike Smith seconds. Motion Passed 2-0.

5. Signature Items

Jay Buckley makes a motion to sign letter to Madison Town Clerk asking for taxes.  Mike Smith seconds for discussion.

Jay B reads the letter to the public. Jay Buckley votes yes Mike Smith votes no for signature.  Motion Failed 1-1.

Discussion of Eben Farm Road-Mike S states he thinks this is a lawsuit waiting to happen and needs to go to the Attorney to look at.  Jay B states that the Town had the right to take the property from Eidelweiss.  It was discussed why the District would take care and maintain the roads for outside property.

Mike Smith makes a motion to send the District Attorney all the information on the Eben Farm Road property. 

Mike S states this is an issue we should spend the money on due to setting precedence and the District could loose controls of the roads and possible water hook ups to the Districts water system.

Jay B needs a week to think about before he can second the motion and so that Kathy K can give her opinion on this matter.

Discussion of inspection of 9 Reinach water hook up-Jay B accepted 6-inch curb stop valve after inspection.  Jake Dawson contractor will provide a 5-year guarantee letter to cover extended warranty.  Mike S asks Jay B to back to Jake Dawson and ask for all 19 hook ups

for the same extended warranty letter.  Jay B states this is 2 separate issues.

Mike Smith makes a motion to ask Jake Dawson contractor for extended warranty letter for the 19 hook ups.  Jay Buckley seconds.  Motion Passed 2-0.

Discussion of Water Committee for Asset Management-Jay Buckley states checking with other committee members for a meeting next week for the RFP to go to engineers.

Mike Smith makes a motion for the Asset Management Committee took look into the Federal Money that just came out on the Infrastructure Plan to apply for $15 million.

Jay Buckley seconds.  Motion Passed 2-0.

Discussion on the DPW I Bathroom.

Discussion of DES set backs from waterline and roads.  Jay B states env 1008-4 is 25 feet set back. The 26 Huttwil property did not meet the setback requirement.

Mike Smith makes a motion to send a letter to DES concerning why the septic design was approved at 26 Huttwil when it is within 25 feet of setback and we are asking the Zoning Board to review this matter.  CC Mark McConkey & Zoning Board.  Jay Buckley seconds.  Motion Passed 2-0.

Mike Smith makes a motion to appeal Zoning Board decision of 26 Huttwil set back requirements.  Jay Buckley seconds.  Motion Passed 2-0.

Discussion of Beach Cleaning

Mike Smith makes a to go into Non-Public RSA 91-A:3, II(b) The hiring of any person as a public employee.

Meeting reconvened at 11:01 am.

Mike Smith makes a motion to spend up to $4,000.00 to upgrade computers in the office to be paid by the CRF office equipment fund.  Jay Buckley seconds.  Motion Passed 2-0.

Jay Buckley makes a motion to seal the minutes until Administrator is on board.  Mike Smith seconds.  Motion Passed 2-0.

Jay Buckley makes a motion to adjourn the meeting at 11:02 am.  Mike Smith seconds.  Motion Passed 2-0.

Respectfully submitted,

Donna MacKinnon

Administrator