VILLAGE DISTRICT OF EIDELWEISS
Public Hearing DAM Policy, Water Ordinance Public Memorial Policy
Saturday August 14, 2021
The Board of Commissioners met at 7:00 pm on Saturday August 14, 2021. In attendance was Commissioners Jay Buckley, Kathy Koziell & Mike Smith. Also, in attendance was Highway Foreman Kelly Robitaille and Donna MacKinnon taking minutes. There were 26 people in attendance. The meeting was filmed by Tim Hughes, Madison TV.
At 7:02 pm Commissioner Jay Buckley calls the meeting to order.
Jay Buckley makes a motion to approve to open the Public Hearing for the DAM Policy. Kathy Koziell seconds. Motion Passed 2-0.
Hearing #1 Pond Level Policy
Discussion of the current DAM Policy and the proposed changes to the proposed DAM policy.
Jay Buckley reads the old DAM policy to the public. Jay Buckley opens discussion to the public for public comment.
Ralph Lutjen asks what the standard for the Dry Hydrant are. Jay Buckley states it was tested in 2019 at Boulder Beach and was determined that 4 inches below the concrete was the safe level for the Dry Hydrant. Ralph Lutjen asks if the Dry Hydrant was ever used. Jay Buckley states yes.
6:10 Ralph Lutjen asks what the standards are. Has the dry hydrant at Boulder Beach been used? Jay Buckley “yes” Ralph Lutjen has the dry hydrant ever saved any homes? Ralph Lutjen states that he’s heard that all homes that have caught fire in Eidelweiss have burned completely.
7:36 Mike Smith states he is one of the original residents in Eidelweiss and he can’t remember the Madison Fire Department ever saving a home from burning down completely. Mike goes on to explain how much time it takes for the Madison Fire Department Eidelweiss fires and that’s why homes burn to the ground.
8:25 Mike Smith states that the Madison FD is too far from Eidelweiss
9:20 Ralph Lutjen disputes that the Madison Fire Department saved any houses in Eidelweiss from burning completely. Jay Buckley asks that if the District removes dry hydrants what happens to our homeowner’s insurance. Terri Cancelrich states that our insurance rating could go from a 9 to a 10. Jay Buckley explains that would cost each homeowner high premiums and possibly being cancelled by your insurance carrier.
Discussion of house fires ensues. Jay Buckley states the District fire rating is 9 and if the rating goes down to a 10 then Insurance Companies considers a rating of 10 is non insurable. Paula Doyle states fire protection is most important.
Discussion of testing of dry hydrant ensues. Shauna Kondrat asks who owns the DAM? Jay Buckley says that Eidelweiss owns the DAM. Mike Smith questions why not dig out the pipe answer was DES told the District not to touch the bottom of the pond.
10:56 Joanne Flanagan How often are thew dry hydrants tested. Jay Buckley states at least once each year.
13:00 Mike Smith asks why the MFD doesn’t dig out underneath the dry hydrant pipe in the pond to lower it more. Kathy Koziell explains that was investigated and DES discouraged the idea.
13:31 Mike Smith said that another problem exists with the pipe in the pond will eventually fail due to a “GALVONIC” reaction which will plug the pipe. Jay Buckley explains that the pipe is 6-inch PVC and not galvanized metal so no problem exists.
14:38 Gloria Aspinall would like to see a steady flow of 2-inches water over the top of the boards. Jay Buckley states that in a draught you could eventually empty the ponds significantly. The existing policy contradicts itself with keeping water flowing over the dam with the assumption that water is always flowing into the ponds.
14:40 Jay Buckley informs the audience that any structure fire automatically has three towns responding and Conway FD is the closest and always a manned station.
Gloria Aspinall states she is happy with the new proposed #4.
Discussion of the flooding of property ensues.
Discussion of the boards ensues.
Discussion of the adopted DAM Policy ensues. Jay Buckley says the adopted policy has led to controversy. Kathy Koziell states in theory it seemed like a good idea but it was not practical.
Jay Buckley reads to the public the proposed new DAM Policy.
18:00 Jay Buckley reads the new proposed policy
Gloria Aspinall asks the commissioners if she gets flooded out who should she call?
18:00 Gloria asks when I get flooded who do I call or when she is concerned with the water level especially off hours. Jay Buckley says to call the BOC chairperson and an emergency meeting can be held if a true emergency.
Jay Buckley states to call the office or if it happens over the weekend to call the BOC chairperson.
Discussion of habitat of the lake takes place. Lindsay Jordan from the New England Aquarium explains.
18:10 Lindsey Jordan from the New England Aquarium talks about the vulnerability of the shoreline and manmade fluctuation to the wildlife that habitat in the shoreline
23:00 The McNiven’s talk about 7 years of noticeable changes to the ponds water levels and the negative effects
23:28 A woman on Diesbach Drive mentioned that she had a fire 12 years ago and complimented the Madison Fire Department for saving her family and their house.
23:50 Peter Kondrat asks Gloria what is meant by the statement; my property is flooded out. Gloria stated that the water was as close as 10 feet to her house once. Jay Buckley asks Gloria is any structure was flooded. Gloria answers “no”
Maureen Flanagan 9 Diessbach states the notice of the change in the eco system.
Discussion of remediation takes place between Gloria Aspinall and Terri Cancelarich.
Jay Buckley reads the email from Larry Leonard but does not have the correct email.
26:00 Jay Buckley reads an email from Larry Leonard who could not attend the meeting.
Paula Doyle asks the public from Big Pea if they are in favor of the proposed DAM Policy, they answer yes.
26:47 Paula Doyle asks if the residents on Big Pea Porridge Pond support the new proposed policy. Many say yes. No one objects.
John Cancelerich gives Jay Buckley Larry Leonard’s email. Jay Buckley reads the email to the public.
27:32 Jay Buckley reads a letter from Larry Leonard who lives down stream of the ponds on Banfield Brook. Larry supports a floating nest for the loons and to leave the water high.
Lindsay Jordan discusses the importance of the Loons and the burrowing of the animals. Mike Smith discusses the relationship the District and the LPC have.
28:00 Kathy Koziell states the BOC has asked the LPC for a floating nest.
Mike Smith brings up a letter from 7/30/2019 from DES to the Cancelerich’s to build a DAM. Discussion ensues.
Jay Buckley brings the room back to discussing the proposed Dam Policy.
37:55 Questions were asked as to why a board was pulled from the Dam when Gloria complained. Mike Smith said that Jay Buckley and Mike Smith voted in favor of pulling the board that day. Mike Smith was corrected in that no vote was ever taken and that the current policy allowed the DPW to decide. Kelly Robitaille stated that he did not want to be responsible for water levels.
39:48 Mike Smith reads a letter from NHDES to the Cancelerich’s regarding pond levels and the process of installing a dam at Big Pea Porridge Pond. Mike asks why they haven’t initiated that effort. Terri Cancelerich stated that the former commissioner Adam Leiser insured him that the new policy would solve that problem. Yelling ensues between Mike Smith and members of the audience. Kathy Koziell asks Mike Smith to calm down. Mike Smith states he is acting sociable but can be an ass if he wants to be. Jay Buckley moves the meeting forward.
Kathy Hurley asks about the emergency powers.
43:30 One resident asks, what is an emergency?
Bruce Jordan from Big Pea comments last 2 years the change of bullfrogs and tadpoles no longer being seen. Things have changed and not for the better.
Ralph Lutjen read his recommendations to the proposed DAM Policy.
A 31-year resident has expressed that the eco-system health of the ponds has been getting worse.
46:00 Ralph Lutjen proposes some changes to the proposed policy with the addition of accommodations for the nesting loons. Ralph hands the board his comments in writing
Kerry McNiven speaks against the new DAM Policy. John Cancelarich discusses the dried out plants. Terri Cancelarich shows pictures. Nordel Gagnon states there is a swamp in front of his house and it is nice. Maureen Flanagan asks for history of pulling the boards. Mike Smith states that he works with the LPC and once the Loons nest the District can’t flood the nest.
John Cancelarich passes out lake level operating range handout from DES to the public and discussion ensues. Jay Buckley discusses that the District is in the process of completing the DAM Emergency Plan that is required by DES. Dorothy Wondolowski discusses the change of the District with all the development of the land and that sand is being brought in by private residents and the flora is being destroyed. Ralph Lutjen agrees with Dorothy Wondolowski.
47:30 Mr. McNiven recommends against Ralph’s addition of accommodations for the loons as it may cause the ponds to be lowered harming other wildlife in the ponds.
Discussion of water testing related to both ponds. The water quality has declined over the years.
50:30 Conway resident Nordell Gagnon notes the degradation of the pond’s health over the past 35 years.
52:20 Terri Cancelerich asks if there is record keeping of when boards are pulled or added. Jay Buckley says no
55:00 John Cancelerich states that he is against dropping the pond level before the loon’s nest. Leave the water levels where nature leaves them and let the loons adapt
Kathy Koziell asks if a small opening can be put into the boards to keep small amount of water flowing. Kelly Robitaille states it can’t be done it would cause to much water loss.
Mike Smith discusses flooding of Eidelweiss Dr & Geneva Beach.
Kelly Robitaille discusses that he only pulls the boards 3 time a year. He came to the BOC to get approval to pull the board. Kelly Robitaille tells the public the how the DPW controls the DAM boards and that they are not constantly removing and replacing the boards. Kelly Robitaille states he works with the District but works for the BOC.
1:07:30 Kathy Koziell asks Kelly Robitaille if we can keep the pond levels high and still provide a sufficient flow of water into the brook through the leaks between the boards? Kelly Robitaille states that the leaks would not provide enough water to the brook in a drought.
1:13:20 Kelly Robitaille states that the current policy is impossible to maintain as it contradicts itself. The current policy placed the responsibility on him which he did not ask for or want. Kelly Robitaille usually has adjusted the boards on more than 3 times in a year. One year was 4 times. This is not a common practice.
Kelly Robitaille states that most ponds are drawn down in the fall or winters accumulation of snow and ice. Kelly Robitaille states he will take direction from the commissioners but works for the district.
1.20.05 Terri Cancelerich reminds the BOC that the last day to draw down the ponds is October 15th of each year
1:22:00 Hearing is closed
Jay Buckley makes a motion to close #1 Public Hearing of the Dam Policy. Mike Smith seconds. Motion Passed 3-0.
Jay Buckley makes a motion to open #2 Public Hearing of the Water Ordinance. Kathy Koziell seconds. Motion Passed 3-0.
1:27:00 Jay Buckley opens the hearing and reads teach proposed change
Discussion of the current Water Ordinance and raising the hookup fees from $8,000.00 to $10,000.00. Jay Buckley mentions raising the water hookup fees from $8k to $10k. Section 3.1.3 Mike Smith states that it is up to the voters at an annual meeting. Kathy Koziell disagrees that it “HAS TO BE" at the annual meeting as the fee is now part of the ordinance but agrees to have the voters decide. Mike Smith states that the voters should vote on this at the Annual Meeting. Kathy Koziell agrees with Mike Smith. Dorothy Wondolowski agrees also.
1:30:00 JB reads 3.1.4.5 application deadline of August 1st to be moved to September 1st. No objections.
1:33:11 Jay Buckley states that all service lines that need replacement must be sleeved as well as all new construction.
1:35:00 Confusion overextending water mains to the end of the subject property.
Jay Buckley reads the proposed amendments to the Water Ordinance. Discussion of the Proposed changes to the Water Ordinance takes place. Dinah Reiss asks the commissioner about the 3.1.3 return fees when a hookup is denied and when the District has to pay the operator fees and engineer fees. Discussion of refund amount should be determined by the voters takes place.
1:45:12 Treasurer Dinah Reiss asks that the engineering costs be extracted from the $8000 if returned to applicant. Jay Buckley asks what should be charged for that cost? Applicant will/should know up front.
1:46:00 Donna MacKinnon supports taking the engineering costs out of the $8000 application fee.
1:48:00 Peter K feels that the District should know where its water lines are so that builders can locate septic systems appropriately
1:49:00 Hearing Closed
Jay Buckley makes a motion to close #2 Public Hearing of the Water Ordinance. Kathy Koziell seconds. Motion Passed 3-0.
Jay Buckley makes a motion to open the #3 Public Hearing on Public Memorials. Kathy Koziell seconds. Motion Passed 3-0.
Discussion of creating a Public Memorial Policy.
Ralph Lutjen states it is appropriate one.
Jay Buckley states that there is no written policy regarding public memorial but there is an understanding that no public memorials are allowed in the District. Mike Smith agrees.
Dinah Reiss states that the public was never notified when the public memorial was put up at the Huttwil Parking lot. Mike Smith that there is an unwritten policy that no memorials are allowed. Dorothy Wondolowski wants the memorial taken down. Dinah Reiss states what was done is wrong and the commissioners should listen to the publics feedback.
Jay Buckley makes a motion to close the #3 Public Hearing on Public Memorials. Mike Smith seconds. Motion Passed 3-0.
Jay Buckley makes a motion to adjourn the meeting at 9:06 pm. Mike Smith seconds. Motion Passed 3-0.
Respectfully submitted,
Donna MacKinnon
Administrator
Sign in attendance sheet in office