VILLAGE DISTRICT OF EIDELWEISS COMMISSIONERS MEETING October 1, 2013

The Board of Commissioners met on Tuesday, October 1, 2013. In attendance were Commissioners Ron Sandstrom, Mark Graffam and Mike Smith. Also in attendance were Fred Gurley and Chris Weismann (Highway) and Bob Hackett of HP Fairfield. The meeting was taped by Tim Hughes.

[expand title="Search Text"] 2:30 pm the meeting was called to order by Chairman Ron Sandstrom.

1. Agenda

Mark Graffam makes a motion to accept the agenda. Mike Smith seconds the motion and the motion passed 2-0.

2. Accounts Payable

3 checks for $3,278.21 are presented. Checks and invoices are reviewed and discussed.

Mark Graffam makes a motion to approve 3 checks for $3,278.21. Ron Sandstrom seconds the motion and the motion passed 3-0.

3. Minutes

The minutes of 9/24 are reviewed. Mike Smith corrects the motion for application to NH DES grant to read “as built drawings” from “asset management plan”. Ron Sandstrom makes a motion to accept the minutes as amended. Mike Smith seconds the motion and the motion passed 3-0.

4. Highway Department Report

Fred Gurley outlines recent work completed. The culvert at 67 Eidelweiss Drive has been repaired. A head wall was built to protect the inlet. The culvert near 10 Winnegon has been cleaned. The top of Oak Ridge Road was graded. Low limbs have been cut on Grison, Bergdorf, and Aspen. Trimming of limbs will be an ongoing process. The culvert at 67 Eidelweiss Drive still needs to be cleaned. This will be done this week. Improperly stored canoes that were marked will be removed. 37 Oak Ridge Road has water that is being directed into the woods which is causing damage to private property. Individual review of the area is discussed. It is determined that the Board will meet on Thursday, October 3 at 1 pm to view the area together. This will be posted. The Road Assessment will be completed this week. Chris Weismann has obtained quotes for needed equipment repairs. The Top Kick front end work can be done by Conway Truck at a cost of $1,000 including an alignment, needed repairs and a vehicle inspection. Tires will cost $2,160 for the Top Kick. Tires for the F-550 will cost $1,860 if replaced with the same size tire currently on the truck. Tires that would also fit the Top Kick will fit the F-550. This would create a uniform tire size to be purchased. Ron Sandstrom makes a motion to have the repairs, alignment and inspection done for the Top Kick at a cost not to exceed $1,000. Mark Graffam seconds the motion and the motion passed 3-0. Mike Smith makes a motion to purchase 12 tires of uniform size not to exceed $4,650. Ron Sandstrom seconds the motion. Discussion

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on studding of the tires is held. Mike Smith withdraws the motion. Mark Graffam makes a motion to purchase 12 tires of uniform size including studding of the tires at a cost not to exceed $6,900. Ron Sandstrom seconds the motion and the motion passed 3-0. One tire is needed for the backhoe. Cost for this tire will be $825. Mike Smith makes a motion to purchase one tire for the backhoe at a cost of $825. Ron Sandstrom seconds the motion and the motion passed 3-0. Salt is discussed. Purchase of salt to be ready for the first storm is held. Ron Sandstrom makes a motion to purchase one load of salt for $1,800. Mike Smith seconds the motion and the motion passed 3-0. Sand is discussed. Mark Graffam makes a motion to purchase 4 truckloads of sand from Shackford Construction not to exceed $590. Ron Sandstrom seconds the motion and the motion passed 3-0. Brining of roads for early winter storms is reviewed and discussed. Use of salt on paved surfaces only is outlined. An estimate will be put together for extending the roof at DPW II for safety. The snow plow document will be updated for review on November 1. The equipment worksheet has been updated following last week’s meeting and will be distributed. The status of the equipment and possibility of purchasing a new vehicle this year is discussed. The International has a 9 yard sander that works well and carries a much larger load than the F-550 4 yard sander. Safety meetings and the need to schedule one is discussed. Mike Smith makes a motion to hold one safety meeting per month for the full time employees with inclusion of all part timers in the fall prior to snow plow season. Ron Sandstrom seconds the motion and the motion passed 3-0. The first meeting will be October 8th at 2 pm. Mike Smith will be the Commissioner liaison for the safety meetings. A walk through of Oak Ridge Rd prior to the construction beginning will be held October 8th at 10 am. The Contractor will be informed. Line painting is discussed. This may be done following the Oak Ridge Road project. White Wolf Line Painting will be contacted for availability. Operation of the grader is discussed. Chris Weismann will be taught how to operate this machine. Mark Graffam makes a motion to fix the driveway issue at 22 Jungfrau Rd via a specification to be developed and agreed to with the property owner. Ron Sandstrom seconds the motion for discussion. Discussion on repair to driveways is held. Driveways are not repaired by the DPW. Motion is called to a vote and the motion failed 1-2.

5. Road and Driveway Review 6. Water System Planning

The status of the water billing is discussed. The 90 day late fee of $100 will be added to accounts with outstanding balances this week. Houses will be posted for shut off the week of October 22. The flow meter is to be installed in the vault for the DPW well next 10/9. Mark Graffam makes a motion to request an email from Jason Roache outlining how the chemical pumps are working now and how they will be working once the flow meter is installed. Ron Sandstrom seconds the motion and the motion passed 3-0. Discussion is held on having the Engineer review the response to verify the system is working as designed. The Department of Revenue has not yet responded to the request for input on the proposed loan documents from Bank of NH. Mike Smith makes a motion to find another vendor for the SCADA system if the flow meter is not installed as planned on 10/9. Ron Sandstrom seconds the motion. Discussion is held. Mike Smith withdraws the motion. The DES grant application for as built drawings will be worked on. Ron Sandstrom makes a motion to move forward with the engineering of the water main on Huttwil Drive. Mike Smith seconds the motion. Discussion on charges to the contractor is held. Guidance from the attorney should be sought prior to incurring any charges. Mark Graffam makes a motion to

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have the office send the information to Attorney Dan Crean for guidance. Ron Sandstrom seconds the motion and the motion passed 3-0.

7. Scheduled Appearances

Bob Hackett of HP Fairfield has attended the meeting to discuss outfitting of equipment. An F- 550 with a power transfer option from the transmission and a standard dump body are discussed. F-550 class vehicles are discussed in general. A 2014 Warrant Article to replace the Top Kick is discussed as an option. Wing plows on a 550 are discussed. Use of the wing plow as an extension of the front plow while plowing is the appropriate manner of use for a wing on this class of truck. Using the wing plow to push back snow after the initial plowing has been done can cause damage to the frame. The 550 class is not recommended for pushing back snow due to the tendency to crack the frame. The Terra Star class of trucks by International is discussed. This is an intermediate size truck. Bob Hackett adds that he will have one available for viewing soon. A return appearance will be scheduled when the demo is ready.

8. Warrant Articles
9. Commissioners Reports

Ron Sandstrom distributes for review proposed updates to the Driveway Ordinance and the Beach Ordinance. A draft for a new policy to be considered for addition to the Driveway Ordinance outlining cost calculations for problem driveway correction work done by the DPW is also distributed. All documents are requested for review for discussion next week.

Mark Graffam questions recent landscape work done at 9 Eidelweiss Drive and is informed that notification had been sent of the intent to survey the lot and reclaim the corner of the property. Mark Graffam questions drainage and the swale that had existed. The need for a swale along the property will be checked. Discussion on enforcement of Ordinances and Regulations is held. Mark Graffam discusses Ken Trocki’s report of damage to the driveway at 21 Jungfrau Rd and questions repairing the driveway. The need to act when a person or persons are not working within the regulations is held. Potential additional reporting from the DPW crew on activities within the District may be needed. Ron Sandstrom makes a motion to notify Madison PD when enforcement of parking lot regulations is needed. Mark Graffam seconds the motion and the motion passed 2-1 with Mike Smith voting against the motion.

Mike Smith discusses the lot on Diessbach that has applied for a variance from the Madison Zoning Board. Mark Graffam states that black plastic culverts have been in use since 1987. It is unknown exactly when the culvert on the lot on Diessbach was installed; it may be original drainage created by Great Northern Land Corp. Discussion on the ability to replace existing culverts to maintain existing drainage is held.

10. Signature Items 11. Correspondence

Madison Code Enforcement has copied the VDOE on correspondence to the property owner of 14 Aspen to clear the lot from the fire debris.

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NH Retirement System has sent a bulletin on updates to the system.

NH Department of Environmental Services has sent the results of the latest round of testing of the water quality of the ponds. All results are in compliance.

Health Trust has sent a bulletin outlining additional benefits to enrolling in the Slice of Life program including new biometric screening centers that are now available.

Health Trust has sent notification of a new director being appointed.
Property Liability Trust has sent notification of a director leaving PLT for Health Trust. Primex is holding Public Hearings for the establishment of 2014 rate levels.
12. Administration

Year to date budgets are reviewed. A separation on the amount billed for late fees through QuickBooks for the water system will be looked into. Line items are in good shape with 3⁄4 of the year passed. The Unassigned Fund Balance, Warrant Articles, and other funds are discussed. A policy for the amount of Unassigned Fund Balance to be retained has not been located. A policy will be drafted to retain 33% of the General Government/Highway Operations Annual Budget within the Unassigned Fund Balance will be developed.

The Payroll report is presented. Report and time cards are reviewed. Ron Sandstrom makes a motion to approve payroll at $5,372.42. Mark Graffam seconds the motion and the motion passed 3-0.

13. Old Business 14. Other Business

Review of upcoming target dates for materials and information is held.

The Army Corps of Engineers has forwarded an approval of the NH DES permit for the spreading of the sand on the beaches.

15. Public Comments

At 5:20 pm Ron Sandstrom makes a motion to enter Non-Public Session pursuant to RSA 91-A:3, II (a) employee matters. Mark Graffam seconds the motion. Motion called via roll call; Ron Sandstrom yea, Mike Smith yea, Mark Graffam yea, and the motion passed 3-0.

Motions and votes of Non-Public session:

At 5:25 pm Mike Smith makes a motion to exit Non-Public session and adjourn the meeting. Ron Sandstrom seconds the motion. Motion called via roll call; Ron Sandstrom yea, Mike Smith yea, Mark Graffam yea, and the motion passed 3-0.

Respectfully submitted,

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Nancy E. Cole Administrator

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Discussion on the purchase of a new 550 this year is held. The quotes received earlier this year will be reviewed. A Safety meeting will be scheduled.

5. Road and Driveway Review

Phase 1 of the Oak Ridge Road plan is discussed. Questions and concerns raised at the hearing have been responded to by Engineer Paul Fluet. Ron Sandstrom makes a motion to move forward with Phase 1 of the Oak Ridge Road Plan; send a response to the abutters and participants of the hearing; and schedule a walkthrough of the project with the Contractor. Mike Smith seconds the motion. Discussion on the suggestion of adding a vortex chamber is held. Per the Engineer; this would be cost prohibitive. Motion is called to a vote and the motion passed 2-1. The proposed response to the abutters and participants of the hearing is reviewed and discussed. The response will be updated to include that construction will begin October 15, 2013. Ron Sandstrom makes a motion to send the response, as amended, to the abutters and participants of the hearing. Mike Smith seconds the motion and the motion passed 3-0.

6. Water System Planning

Scott Hayes has requested that approval be given to have electrician Brian Bailey be present for the start up of the new booster pump for the Chocorua Station at a cost of approximately $110.00. Mike Smith makes a motion to approve the request. Ron Sandstrom seconds the motion and the motion passed 3-0.

Other work that had previously been approved will be followed up on for the cost estimates. This includes replacing a curb stop valve on Lucerne and repair of a valve on Appenvel Way.

Meetings with potential water operators will be established.

Follow up with the Department of Revenue on the review of the loan documents for the Jungfrau pump skid has been responded to. Director Stephen Hamilton is in possession of the documents at this time.

7. Scheduled Appearances 8. Warrant Articles
9. Commissioners Reports

Mike Smith makes a motion to apply for the recently announced grant through the NH Department of Environmental Services for as built drawings. Ron Sandstrom seconds the motion and the motion passed 3-0.

Ron Sandstrom discusses establishment of the tax rate and the unassigned fund balance. Discussion on fluctuations created in the target unassigned fund balance because of fluctuations in the Warrant amount each year. Mark Graffam outlines that the target unassigned fund balance was voted to be based on the General Operations/Highway Budget so as to avoid major fluctuations. This method would create a target unassigned fund balance for calendar year 2013 to be $125,000. Discussion on stability of the tax rate for the District is held. Ron Sandstrom makes a motion to not offset the 2013 tax rate with additional

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funds from the Unassigned Fund Balance. Mark Graffam seconds the motion and the motion passed 3-0.

10. Signature Items

Ron Sandstrom makes a motion to sign the MS-34 as prepared. Mark Graffam seconds the motion and the motion passed 3-0.

Ron Sandstrom makes a motion to sign the MS-35 as prepared. Mark Graffam seconds the motion and the motion passed 3-0.

11. Correspondence

The NH Retirement System has sent notice of the return received through June 30, 2013. The NH Water Works Association has sent notice of their Annual Meeting.
The NH Municipal Association has sent the monthly NewsLink.
12. Administration

The August Daily Water Usage report is reviewed.

A budget review is planned for next week. Updated information will be sent.

13. Old Business 14. Other Business

Review of upcoming target dates for materials and information is held.

15. Public Comments

At 3:50 pm Ron Sandstrom makes a motion to enter Non-Public Session pursuant to RSA 91-A:3, II (a) employee matters and (c) matter of reputation. Mike Smith seconds the motion. Motion called via roll call; Ron Sandstrom yea, Mike Smith yea, Mark Graffam yea, and the motion passed 3-0.

Motions and votes of Non-Public session:

Mike Smith makes a motion to pay Iron Mountain Water the $792 withheld from a prior invoice. Ron Sandstrom seconds the motion and the motion passed 2-1.

At 4:05 pm Mike Smith makes a motion to exit Non-Public session and adjourn the meeting. Ron Sandstrom seconds the motion. Motion called via roll call; Ron Sandstrom yea, Mike Smith yea, Mark Graffam yea, and the motion passed 3-0.

Respectfully submitted, Nancy E. Cole Administrator

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Sandstrom seconds the motion and the motion passed 2-0. Mike Smith makes a motion to have a letter drafted in response to concerns to be sent to the abutters and attendees ready for the October 1 meeting. Ron Sandstrom seconds the motion and the motion passed 2-0. Stewart Heath of R. L. Heath & Sons will be thanked for his patience during this hearing process and informed that the project will not be scheduled until after October 1. The new homeowner of 9 Eidelweiss Drive has sent notice of intent to have survey markers added to the corner of Eidelweiss Drive and Grachen and has requested that the corner be squared off. Throughout years of plowing, grading, and road maintenance, the property owner believes that the survey markers will show that the roadway has been rounded off in a manner detrimental to his property. The homeowner will notify the office upon placement of the pins and the DPW workers will be asked to review the area.

5. Road and Driveway Review 6. Water System Planning

Mike Smith makes a motion to ask Scott Hayes of Iron Mountain Water to schedule the installation of the new booster pump for the Chocorua Station. Ron Sandstrom seconds the motion and the motion passed 2-0. Scott Hayes of Iron Mountain Water will also be asked if he will schedule the previously approved installation of the gate valve box on Appenvel Way and the curb stop valve on Lucerne Dr. Confirmation that Scott Hayes has received the new booster pump for the Chocorua Station has been received. Ron Sandstrom makes a motion to approve the check held last week for R. E. Prescott in the amount of $2,338 for the pump. Mike Smith seconds the motion and the motion passed 2-0.

The chemical injection pumps are back on line. The flow meter has not been installed as an incorrect attachment was shipped. Jason Roach of Northeast System Controls is working with the vendor to obtain the correct parts. Charges for NSC transportation will be checked for additional billing when the correct parts are installed.

The new curb stop valve for 6 Huttwil Drive will be installed Thursday. This hook up was approved last spring. Water valve information that was on disk has been transferred to email format and will be distributed. The status of the initial contact information so as to obtain a new water operator is discussed. Iron Mountain Water will be asked to grant a one month extension prior to their resignation. The supervisor at the Department of Revenue will be contacted for an update on the status of the loan document review for the Jungfrau pump replacement.

7. Scheduled Appearances 8. Warrant Articles
9. Commissioners Reports

Ron Sandstrom makes a motion that all changes to the website be handled in the office so that a single copy exists. Mike Smith seconds the motion and the motion passed 2- 0. Ron Sandstrom makes a motion to have the Water Monitor report on the status and findings to the Board of Commissioners in writing and in person on a monthly basis with the in person report being payable at the station visit rate. Mike Smith seconds the motion and the motion passed 2-0.

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10. Signature Items

The letter to the homeowner of 23 Oak Ridge Road has been amended as discussed last week. The letter is signed.

11. Correspondence

The deed for 6 St Moritz has been received from the Registry of Deeds.

NH Department of Environmental Services (DES) has forwarded the results of the Volunteer Lake Assessment testing of the Pea Porridge Ponds.

PSNH has notified the office that they will have a crew removing a large tree recently struck by lightning from Little Loop Rd.

NH DES is accepting applications for grants for small water system asset management planning.

The Property-Liability Trust has sent notice refuted a story in the paper recently.

Rockhouse Mountain has sent abutter notification to a project to set a new well for the Association.

12. Administration

The payroll report is presented. Report and time cards are reviewed. Mike Smith makes a motion to approve payroll at $6,359.92. Ron Sandstrom seconds the motion and the motion passed 2-0.

The Department of Revenue MS-34 and MS-35 are reviewed and discussed. The MS-34 allows the Commissioners the option of using Unassigned Fund balance to offset the tax rate. Mike Smith makes a motion to have the office produce the estimated tax rates using $10,000 increments of Unassigned Fund balance to offset the rate. Ron Sandstrom seconds the motion and the motion passed 2-0.

13. Old Business

The ad for part time snow plow positions was in the Conway Daily Sun Saturday.

14. Other Business

The application for a variance for 23 Diessbach Drive has been picked up from the Town of Madison. The application will be sent to Attorney Dan Crean for review.

The office is need of having the floor cleaned. Mike Smith makes a motion to approve up to $150 for office cleaning. Ron Sandstrom seconds the motion and the motion passed 2- 0. A quote for office cleaning on an annual basis will be obtained.

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Mike Smith makes a motion to obtain the speed trailer from Madison Police for use on Columbus Day weekend. Ron Sandstrom seconds the motion and the motion passed 2- 0.

15. Public Comments

Gloria Aspinall thanks the DPW for the cleaning of the culvert at her property that had filled with road materials; the EPOA for the maintenance of the gardens; and Commissioner Mark Graffam for stepping up to the plate and helping out when it was most needed.

At 3:55 pm Mike Smith makes a motion to enter Non-Public Session pursuant to RSA 91-A:3, II (a) employee matters. Ron Sandstrom seconds the motion. Motion called via roll call; Ron Sandstrom yea, Mike Smith yea, and the motion passed 2-0.

Motions and votes of Non-Public session:

Mike Smith makes a motion to send letters for part time employment to returning employees Kelly Robitaille; Paul Costello; and Jon Eldridge and a part time offer letter for new part time employee Kevin Thomas. Ron Sandstrom seconds the motion and the motion passed 2-0.

Mike Smith makes a motion to extend part time employee Jon Eldridge through September 27, 2013. Ron Sandstrom seconds the motion and the motion passed 2-0.

At 4:07 pm Ron Sandstrom makes a motion to exit Non-Public session and adjourn the meeting. Mike Smith seconds the motion. Motion called via roll call; Ron Sandstrom yea, Mike Smith yea, and the motion passed 2-0.

Respectfully submitted,

Nancy E. Cole Administrator

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assessment of the entire District will be started this week. Ron Sandstrom suggests use of the snow plow routes as order of assessment. The primary objective of the road assessment is to identify those areas with most potential for damage and cost to repair. The list of culverts is to be reviewed and updated. The quotes and specifications for the new 550 are to be reviewed with Fred Gurley and Chris Weisman. Chris Weisman suggests some optional plow styles that he would consider. Plow styles, especially hinged V-plows, can be easily damaged by rocks in the dirt roads. Ron Sandstrom makes a motion to place an ad for 3 part time snow plow operators. Mark Graffam seconds the motion and the motion passed 3-0. A budget review of the remaining highway budget will be done with the crew next week. Potholes and remaining washouts will be worked on this week. Fred Gurley will be grading roads. Mike Smith makes a motion that the graffiti on the pedestrian sign on Big Loop Rd be cleaned. Ron Sandstrom seconds the motion and the motion passed 3-0.

5. Road and Driveway Review 6. Water System Planning

Mark Graffam makes a motion to send Nancy Cole to Water Operator Classes. Ron Sandstrom seconds the motion. Discussion ensues over having an employee handle the water system or contracting the service out. Additional discussion over Nancy Cole attending classes at this time is held. It is not deemed beneficial to the VDOE to pursue this now. Motion is called to a vote and the motion failed 0-3. The DRA has not yet commented on the loan documents. Mark Graffam makes a motion to send the existing Jungfrau to Reinach Forced Main Water Project loan documents to Attorney Dan Crean for review. Ron Sandstrom seconds the motion and the motion passed 2-0-1 with Mike Smith abstaining.

7. Scheduled Appearances

Prospective property owner Dan Pilmer requests a variance from the Water Ordinance that would allow the engineering review of a lot for hook up to the water system be done prior to receipt of an Application for Water Hook-Up. As Mr. Pilmer is not the property owner, he is not eligible to sign the Application.

8. Warrant Articles
9. Commissioners Reports

Mike Smith asks if Chris Weismann has been given the second DPW phone and is informed that Mr. Weismann has the phone. The claim for the lightning strike has been placed and assigned to an adjuster. Mike Smith makes a motion to provide lunch at the Public Hearing scheduled for Oct 26. Ron Sandstrom seconds the motion. Discussion on planned updates to be held prior to determining projected length of the meeting is held. Mike Smith tables the motion for additional information.

Mark Graffam distributes for the public record and discusses a September 2001 letter outlining the direction of water flow between houses on Oak Ridge Rd. Mark Graffam makes a motion to attach the letter to the minutes of this meeting. Ron Sandstrom seconds the motion. Discussion ensues on the need for proper assessment of the priorities for road projects. Motion is called to a vote and the motion failed 1-2.

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10. Signature Items

Drafted response to the letter from the owner of 23 Oak Ridge Rd is presented for review.

Ron Sandstrom makes a motion to sign and send the letter. Mike Smith seconds the motion. Discussion ensues. Mark Graffam amends the first statement be “received and read” your letter. Ron Sandstrom seconds the amendment. Motion is called to a vote and the letter, as amended will be signed and sent by a vote of 3-0.

Drafted response to the owners of 17 Oak Ridge Rd is reviewed. Mike Smith makes a motion to sign and send the letter. Ron Sandstrom seconds the motion and the motion passed 3-0.

A purchase order for shirts and sweatshirts for new employee Chris Weismann is presented for review. Mike Smith makes a motion to authorize up to $250 for the purchase and silk screening of the clothes items. Ron Sandstrom seconds the motion and the motion passed 3-0.

11. Correspondence

New Hampshire Retirement System is holding an educational seminar for employers at Madison Town Hall on September 24th. Nancy Cole has signed up to attend. The seminar is free of charge to member employers.

Granite State Analytical has sent the monthly bacteria testing results. All results are clean.

The Property-Liability Trust has sent a rebate based on the requirements of the agreement with the Secretary of State’s Office.

Health Trust has sent a rebate based on enrollment in January 2010 based on the requirements of the agreement with the Secretary of State’s Office.

12. Administration 13. Old Business

Correspondence has been received regarding a lot on Diessbach and a culvert that is on the lot. Mark Graffam outlines a long standing prescriptive easement as there is no record of this culvert being placed within the last 10 years. Mark Graffam makes a motion to send Attorney Crean a description of the culvert and the history of the lot with NH DES. Ron Sandstrom seconds the motion and the motion passed 3-0.

14. Other Business

Mark Graffam discusses existing photos and the email timeline of work at 23 Oak Ridge Rd and will prepare a presentation for the Board.

A quote is reviewed for replacing a broken window on the backhoe and new hinges for the other window. Mike Smith makes a motion to approve the purchase of the parts for the backhoe. Ron Sandstrom seconds the motion and the motion passed 3-0. Mark

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Graffam makes a motion to obtain a report on how the damage occurred to the backhoe. Ron Sandstrom seconds the motion and the motion passed 3-0.

The grader quotes are discussed. Discussion on need to factor cost of all equipment for future impact is held.

Ron Sandstrom discusses a target of October 1 for beginning to review proposed Ordinance changes.

A report has been received on the status of spreading the beach sand. The culvert on Thusis Beach is blocked and needs to be cleared. Mike Smith makes a motion to have the DPW clear the culvert. Ron Sandstrom seconds the motion and the motion passed 3-0.

An hourly rate has been received for completion of a title search for easements on the VDOE roadways. Mark Graffam makes a motion to have Alpine Title perform the search for not more than $750. Ron Sandstrom seconds the motion and the motion passed 3-0.

15. Public Comments

At 4:45 pm Mark Graffam makes a motion to enter Non-Public Session pursuant to RSA 91-A:3, II (a) employee matters, and (c) matters of reputation. Ron Sandstrom seconds the motion. Motion called via roll call; Ron Sandstrom yea, Mark Graffam yea, Mike Smith yea, and the motion passed 3-0.

Motions and votes of Non-Public session:

Mike Smith makes a motion to have the VDOE pay the $26.88 due to the NH Retirement System for the benefit of William McAdams. Ron Sandstrom seconds the motion and the motion passed 3-0.

Mark Graffam makes a motion to advertise for a Water System Resource Database Operator. Ron Sandstrom seconds the motion and the motion passed 3-0.

At 5:15 pm Mike Smith makes a motion to exit Non-Public session and adjourn the meeting. Ron Sandstrom seconds the motion. Motion called via roll call; Ron Sandstrom yea, Mark Graffam yea, Mike Smith yea, and the motion passed 3-0.

Respectfully submitted,

Nancy E. Cole Administrator

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VILLAGE DISTRICT OF EIDELWEISS COMMISSIONERS MEETING September 3, 2013

The Board of Commissioners met on Tuesday, September 3, 2013. In attendance were Commissioners Ron Sandstrom, Mark Graffam and Mike Smith. Also in attendance was Chris Weismann (highway). The meeting was taped by Tim Hughes.

At 2:30 pm the meeting was called to order by Chairman Ron Sandstrom.

1. Agenda

Mike Smith makes a motion to accept the agenda. Mark Graffam seconds the motion and the motion passed 3-0.

2. Accounts Payable

21 checks for $16,548.07 are presented. Checks and invoices are reviewed and discussed.

Ron Sandstrom makes a motion to approve 21 checks for $16,548.07. Mike Smith seconds the motion and the motion passed 3-0.

3. Minutes

The minutes of 8/13 are reviewed. Mike Smith makes a motion to accept the minutes as presented. Mark Graffam seconds the motion and the motion passed 3-0.

The minutes of 8/20 are reviewed. Ron Sandstrom makes a motion to accept the minutes as presented. Mike Smith seconds the motion and the motion passed 3-0.

The minutes of 8/23 are reviewed. Ron Sandstrom discusses a motion made by Mike Smith for Attorney communications to go through the Chairman of the Board. Ron Sandstrom remembers the motion made by Mike Smith differently than what is recorded. Mike Smith states the motion is correct as written; communications are to go through the Chair. Ron Sandstrom makes a motion to reconsider the motion of 8/23 and amend such to state that all contact with the Attorney be approved by a quorum of the Board of Commissioners. Mark Graffam seconds the motion and the motion passed 3-0. Ron Sandstrom makes a motion to strike the original motion from the minutes of 8/23 and approve the minutes as amended. Mark Graffam seconds the motion and the motion passed 2-1.

4. Highway Department Report

Chris Weismann is introduced as the new Co-Foreman for the DPW. The chip sealing is now scheduled for tomorrow afternoon, weather permitting. The school bus drivers will be notified if Eidelweiss Dr. is closed. A road check was done today. Four inches of rain has fallen since Saturday. Little Loop, West Bergamo, Old Town and Schwyze had noted washouts that are being worked on. Bern and Huttwil have been raked. The homeowners of 30 & 32 Middle Shore had been contacted prior to the work being completed. Both homeowners have received letters outlining the work completed and needed work on the driveways. A road

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assessment of all roads will be done with Chris Weismann, Fred Gurley and Nancy Cole. Priorities will be established, estimates for correcting known problem areas will be done. A letter from the homeowner of 23 Oak Ridge Rd is read. Drainage and the protection of the roads are discussed. History of special favors for residents is outlined. Work is to be prioritized based on protecting the roads and therefore protecting tax payer assets. Mark Graffam makes a motion to obtain two quotes for title searches for easements on any VDOE deeded roadway. Ron Sandstrom seconds the motion. Discussion on the ability to perform road maintenance within the existing drainage system as needed is held. Communication prior to some projects will be needed or, may be chosen to be sent. Motion is called to a vote and the motion passed 3-0. Mark Graffam makes a motion that the cover e-mail and correspondence from the Attorney be published as part of the minutes of Aug 20. Ron Sandstrom seconds the motion and the motion passed 3-0. Mark Graffam makes a motion to have the office contact engineer Paul Fluet’s office in regards to the manner of the survey of the lower portion of Oak Ridge Road, specifically, if any pins were located. Ron Sandstrom seconds the motion and the motion passed 3-0. Ron Sandstrom makes a motion to send a response to the homeowner of 23 Oak Ridge Rd stating that the area will be assessed for placement on the list of priorities and the Board will advise of any action to be taken. Mark Graffam seconds the motion and the motion passed 3-0. The specs for the F-550 are to be reviewed. Discussion on inviting Bob Hackett to attend a meeting to discuss outfitting of the new truck is held. Mike Smith makes a motion to invite Bob Hackett to attend the September 17th meeting. Ron Sandstrom seconds the motion and the motion passed 3- 0. Ron Sandstrom makes a motion to review draft ads for three snow plow operators next week. Mike Smith seconds the motion and the motion passed 3-0. The Public Hearing on the first phase of the reconstruction of lower Oak Ridge Rd will be held on September 14th at the Lodge at 10 am. Certified letters have been sent to all abutters of the project. Mike Smith makes a motion to ask Gloria Aspinall if she could take the minutes of the Public Hearing. Ron Sandstrom seconds the motion and the motion passed 3-0.

5. Road and Driveway Review 6. Water System Planning

Water System Operators Iron Mountain has sent a letter stating 30 day notice of their resignation from service. Draft notice of request for proposals is reviewed and amended. Mark Graffam makes a motion to contact Granite State Rural Water Service to check on available options. Ron Sandstrom seconds the motion. Discussion on the services available and the need to compile information on options is held. Motion is called to a vote and the motion passed 3-0. The NH Dept of Revenue has not yet responded to the request for review of the loan documents from Bank of NH. An additional follow up will be sent. Discussion on the funding of Warrant Articles is held.

7. Scheduled Appearances 8. Warrant Articles
9. Commissioners Reports

Ron Sandstrom states that the drainage added to the driveway at 59 Oak Ridge Rd is working well. Jungfrau Rd near #14 was reviewed during the storm. The area is washed out; access to the driveway would be difficult. This area will be assessed during the upcoming road review. A temporary repair will be made in the area this week.

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Mike Smith questions as built drawings for the water system. Discussion is held on accrued information and the need to start placing this information on maps. Discussion on accrued water fee collections to date; the amount is $127, 000. The culverts under the road on Middle Shore near #23 will be looked at. Photos will be taken and distributed.

Mark Graffam reports that the Eidelweiss Property Owners Association (EPOA) has offered $250 towards the removal of trees around the Lodge and scenic overlook. Mark Graffam makes a motion to contact Joe Sargent for an estimate of cost to spend one day cutting trees to open the scenic overlook. Ron Sandstrom seconds the motion and the motion failed 1-2. Ron Sandstrom makes a motion to obtain an estimate of the cost to spend one day cutting trees to open the scenic overlook and obtain a second estimate that includes removal of the felled trees. Mike Smith seconds the motion and the motion passed 3-0. Mark Graffam makes a motion to have the DPW estimate the time needed to power wash the walkway to the Lodge. Ron Sandstrom seconds the motion and the motion passed 3-0.

10. Signature Items 11. Correspondence

Local Government Center has sent bulletins relating to the corporate restructuring that will separate the entities of the Health Trust, Property-Liability Trust and NH Municipal Association.

The monthly payment for the Coleman Tower rental has been received. .

12. Administration

The payroll report is presented for review. Report and time cards are reviewed and discussed. Following a discussion in Non-Public Session, Mike Smith makes a motion to approve payroll at $4,955.12. Mark Graffam seconds the motion and the motion passed 3-0.

13. Old Business

A response to the owners of 17 Oak Ridge Rd is to be prepared for next week.

14. Other Business

Oak Ridge Road is to be cleared of the rocks that are on the asphalt on the upper section.

Ron Sandstrom requests a budget status review for next week.

Mark Graffam makes a motion to have Nancy Cole contact Sandy Shackford for a price on road sand. Ron Sandstrom seconds the motion and the motion passed 3-0.

Mark Graffam makes a motion to schedule the 2014 Annual Meeting for Saturday, February 22, 2014. Mike Smith seconds the motion and the motion passed 3-0.

15. Public Comments

3

At 4:50 pm Ron Sandstrom makes a motion to enter Non-Public Session pursuant to RSA 91-A:3, II (a) employee matters, and (c) matters of reputation. Mike Smith seconds the motion. Motion called via roll call; Ron Sandstrom yea, Mark Graffam yea, Mike Smith yea, and the motion passed 3-0.

Motions and votes of Non-Public session:

Ron Sandstrom makes a motion to have the office contact Granite State Rural Water Association (GSRWA) to have a representative meet with the Board of Commissioners on the services available through the GSRWA. Mike Smith seconds the motion and the motion passed 3-0.

Mike Smith makes a motion to have the office contact Rick Skarinka of NH Department of Environmental Services for a list of licensed water operators with no communication relating to Iron Mountain. Ron Sandstrom seconds the motion and the motion passed 3-0.

Mark Graffam makes a motion to approve use of the amended letter to possible water operators. Ron Sandstrom seconds the motion and the motion passed 3-0.

Mike Smith makes a motion to inform Jim Malloy of Madison TV that the Board of Commissioners acknowledge that it was a mistake for the videographer to interject comments outside of the Public Comment section and that this should not occur again. Ron Sandstrom seconds the motion and the motion passed 3-0.

At 5:35 pm Mike Smith makes a motion to exit Non-Public session and adjourn the meeting. Mark Graffam seconds the motion. Motion called via roll call; Ron Sandstrom yea, Mark Graffam yea, Mike Smith yea, and the motion passed 3-0.

Respectfully submitted,

Nancy E. Cole Administrator

4

1

Mike Smith makes a motion that the culvert on East Bergamo be checked during the road assessment with Chris Weismann. Ron Sandstrom seconds the motion and the motion passed 2-0.

Motions and votes of Non-Public session:

Mike Smith makes a motion to hire Chris Weismann. Ron Sandstrom seconds the motion and the motion passed 2-0.

Mike Smith makes a motion to offer Chris Weismann $18.90 per hour. Ron Sandstrom seconds the motion and the motion passed 2-0.

Mike Smith makes a motion to have Chris Weismann start Tuesday, September 3, 2013. Ron Sandstrom seconds the motion and the motion passed 2-0.

At 10:50 am Mike Smith makes a motion to adjourn the meeting. Ron Sandstrom seconds the motion and the motion passed 2-0.

Respectfully submitted,

Nancy E. Cole Administrator

2

VILLAGE DISTRICT OF EIDELWEIISS COMMISSIONERS MEETING August 20,2013

The Board of Commissioners met on Tuesday, August 20,2013. ln attendance were Commissioners lVlark Graffam, Ron Sandstrom and Mike Smith. Also in attendance was Fred Gurley (highway'), Mrs. Brewer and herfather of 14 Jungfrau, and Gloria Aspinall, resident. The meeting wa{i taped by Tim Hughes.

At 2:00 pm the nreeting was called to order by Chairman Mark Graffam at 14 Jungfrau Rd. At2:34 pm the nreeting reconvened in the office.

1. Agenda

Mark Graffam ntakes a motion to accept the agenda" Mike Smith seconds the motion and the motion passed 3-0.

2. Accounts Pa'yable 3. Minutes

The minutes of July 31 are reviewed. Mark Graffam makes a motion to accept the minutes as presented. lUlike Smith seconds the motion and the motion passed 3-0.

4. Highway Department Report

Fred Gurley reports that the culvert at32 Middle Shore has been installed. Headers were built for the culvert and 6" rip rap stone was added. Culverts at26 and 28 Middle Shore were cleaned. 6" rip rap stone was also added to the ditch near 2 West Bergamo. The crack sealing has been completed on Eidelweiss Dr. and Appenvel Way. Fred Gurley adds that
RCH did a good job completing the work. Mark Graffam discusses an area near Boulder Beach; Fred Gurley will add a small amount of asphalt to this section prior to the chip sealing being done. Culvert cleaning will be the focus for the remainder of this week. Grison and Grachen area will be graded. Addition of an 18" crown for Jungfrau is discussed. Mike Smith makes a motion that Fred Gurley creates a 6" cut swale at bottom of driveway of 15 Jungfrau Rd and directs the water flow to the existing culvert. Ron Sandstrom seconds the motion and the motion passed 3-0. The new bit ends for the grader have been received and installed. A trench is developing across Little Shore, this will be looked at. Fred Gurley reports that the culvert on East Bergamo has been checked and is clear. Some water does sit in the culvert, but there is nothing inside. Discussion on checking the catch basin at the inlet of the culvert is held. Discussion turns to road priorities. Mark Graffam makes a motion to have all drainag;e issues sent to the office, by letter or in person, for Board of Gommissioner discussion so that priorities can be developed. Ron Sandstrom seconds the motion and the motion passed 3-0. Overweight trucks that have been using Eidelweiss

Dr. to pass throurgh the District have been noted. The company has been requested to stop. Any additional trucks seen are to be reported.

5. Road and Driveway Review

The homeowner of 23 Oak Ridge Rd did not receive the original Driveway Permit for Operation that was mailed last week. A duplicate has been requested.

No response has been received from the letters mailed last Fridav to the owners of 30 and 32 Middle Shore Drive.

6. Water Systenr Planning

The pump & motor for the Chocorua Station have been ordered. An estimate of installation costs will be requested.

The new pH meter has been calibrated and is being used. The pH was tested at all stations and a range fronr 6.0 at the office sink to 7.2 at the Muddy Beach well was found. A report from NH Dept. of Environrnental Services on drinking water pH has been distributed. Orange Juice has a lowe,r pH than 6.0; the pH of vinegar is 2.4. Jason Roache of Northeast System Controls will be followed up with as the status of the order for the new flow meter.

7. Scheduled Appearances

The residents of 14 Jungfrau discussed water flow across and down Jungfrau Rd. Road damage is visible. Water crosses road from driveway at#15 and creates a washout down slope. The area may be ditched to reduce water flow onto road. The road is not crowned in this section. Grervel may be added if time and budget allow. Mike Smith makes a motion to visit 68 Eidelwe,iss Dr. prior to returning to office. Motion fails for lack of a second. Mark Graffam ntakes a motion to recess the meeting for travel to the office. Ron Sandstrom seconds the motion and the motion passed 3-0.

Gloria Aspinall has attended the meeting to discuss the culvert on her property. An increase in road materials into the culvert is creating difficulty in cleaning it. Materials added to Eidelweiss Dr wash down hrer driveway and into the culvert. Ms. Aspinall outlines the history of the culvert, the increase in road debris, and the desire for an agreement that the VDOE should responsible for cleaning the culvert until a solution for the drainage of Eidelweiss Dr in the area is implemented. Mark Graffam discusses the need for storm water management throughout the VDOE. Each case is unique and should be considered as such. Possible solutions are outlined; the roarl may need to be engineered for a more permanent solution. Mike Smith makes a motion to have the DPW clean the culvert until a plan for a solution is created and implemented. Ron Sandstrom seconds the motion and the motion passed 3-0.

Mark Graffam ntakes a motion to schedule a catch basin design to intake side of the culvert as a high priority for this year. Ron Sandstrom seconds the motion. Discussion is held. Motion is called to a vote and the motion failed 1-2. Ron Sandstrom makes a motion to put the design of a catch basin on the list of priorities and review against the other priorities on the list. Mike Smith seconds the motion and the motlon passed 3-0.

8. Warrant Artic;les

Mark Graffam rnakes a motion to send a follow up request to NH Dept. of Revenue on the loan docunrents for the Jungfrau pump skid. Mike Smith seconds the motion and the motion passed 3-0.

3 proposals have been received for a new F-550. The specifications are to be checked. Mark Graffam makes a motion to invite Bob Hackett of HP Fairfield to the next meeting. Ron Sandstrom seconds the motion and the motion passed 3-0.

Proposals from Case, Caterpillar, Volvo and John Deere for a new grader are to be reviewed when received.

9, Commissioners Reports

Ron Sandstrom discusses the missing road sign for Big Loop. Mark Graffam makes a
motion to order a road sign for Big Loop and the road map sign for the Huttwil parking lot, adding "We,lcome to Eidelweiss" at the top of the sign, not to exceed $120. Ron Sandstrom seconds the motion and the motion passed 3-0. Ron Sandstrom states that he would like to disr:uss the recommendations from the Attorney on storm water management, roads, and the right of way. Ron Sandstrom makes a motion to communicate with the property owners abutting phase 1 of the Oak Ridge Rd plan outlining the construction process. Mike Smith seconds the motion and the motion passed 3-0. Mark Graffam makes a motion to call the Attorney for specifics to be included with the communication. Ron Sandstrom seconds the motion and the motion passed 3-0.

Mike Smith mal<es a motion to hire the beach cleaners to rake out the sand piles on the beaches in the areas approved on the drawings. Ron Sandstrom seconds the motion and the motion passed 3-0. Mark Graffam makes a motion to show the plans to the beach cleaners prior to spreading so that sand is spread only in accordance with the plans and requrest that the beach cleaners report any beach on which machinery is needed to move the piles. Ron Sandstrom seconds the motion and the motion passed 3-0.

10. Signature lttems

A letter to resident requesting information on any agreement to clean the culvert on the property is revie,wed. Mark Graffam makes a motion to disregard sending a letter to Gloria Aspinall, Ron Sandstrom seconds the motion and the motion passed 3-0.

A credit applicatiion for Nortrax has been completed. Mark Graffam makes a motion to sign the credit applircation. Ron Sandstrom seconds the motion and the motion passed 3-0.

11. Correspondence

The check for $2150 towards the Fire wise mailing has been received from the Eidelweiss Property Owners Association as was discussed previously.

The Local Government Center has announced that NH Senate President Bragdon has accepted the por;ition of CEO.

Granite State Analytical has forwarded the monthly water system test results. All results are in compliance and negative for bacterium.

The NH Municipal Association has issued the final legislative bulletin outlining all new regulations put irrto effect this year; including an update that will effect upcoming road projects.

12. Administration

The payroll report is presented. Reporl and time cards are reviewed. Mark Graffam makes a motion to approve payroll in the amount of $4,701.62. Ron Sandstrom seconds the motion and the motion passed 3-0.

The Treasurer hias sent a report on account balances reflecting the deposit of the tax check. 13. Old Business

Ron Sandstrom discusses establishing the top 6 priorities to be pursued within the 2013 Road Plan. Grader paving is discussed. Ron Sandstrom makes a rnotion to obtain quotes for paving from a c;ontractor to compare to the cost of having the DPW do the work. Mike Smith seconds the motion. Discussion ensues. Mike Smith makes a motion to remove Mark Graffam as Chairman for the Board of Commissioners. Mark Graffam seconds the motion. Discus;sion ensues. Motion is called to a vote and the motion passed 2-1. Mike Smith makes a motion to appoint Ron Sandstrom Chairman of the Board of Gommissionersi effective immediately. Mark Graffam seconds the motion and the motion passed 2-0-1with Ron Sandstrom abstaining.

14. Other Business

A vacation request sheet is turned in. Ron Sandstrom makes a motion to approve vacation time for Nancy Cole. Mark Graffam seconds the motion and the motion passed 3-0.

Mike Smith mal<es a motion to have Fred Gurley mark illegally stored canoes for removal. Ron €iandstrom seconds the motion and the motion passed 2-0-1with Mark Graffam abstairring.

15. Public Gomments

At 5:20 pm Mike Smith makes a motion to enter Non-Public Session pursuant to RSA 91-A:3, ll (b) hiring of an employee, (a) employee matters, and (d) property matters. Mark Graffam seconds the motion. Motion called via roll call; Mark Graffam yea, Ron Sandstrom yea, Mike Smith yea, and the motion passed 3-0.

Motions and votes of Non-Public session:

Ron Sandstrom makes a motion to allow family coverage on the health insurance to be at the same 80/20 split as two person coverage. Mike Smith seconds the motion and the motion passed 3-0.

Ron Sandstrom makes a motion to post a public meeting for Friday morning, August 23,

in addition to ttre Non-Public Session. Mike Smith seconds the motion and the motion passed 3-0.

An Attorney Client consultation followed.

At 6:00 pm Mike Smith makes a motion to exit Non-Public session and adjourn the meeting. Ron Siandstrom seconds the motion. Motion called via roll call; Ron Sandstrom yea, Mike Smith yea, and the motion passed 2-0.

Respectfu lly subm itted,

Nancy E. Cole Administrator

As voted on 9-3 the correspondence with Attorney Crean is attached to this document

Ofiice (603) 928-7760

Dqwiel fr. Creaw, F.X,.L,C. Attorney-ut-Low
414 East Yiew Drive Pembroke, NH 03275

Cell phone (603)- 7 15-0922

e-mail to: creaulaw@comcast.net

NOTE: Attorney Client Privileged Document Via email and US Mail

This correspondence is communication between attorney and client. It is rendered to advise the addressee as to legal rights, duties, and responsibilities and is therefore a confidential document subject to the Attorney-Client privilege.

To: BoarrJ of Commissioners - Village District of Eidelweiss RE: Roads and Drainage/Flowage
Date: August 19,2013
From: Danierl D. Crean

This memo responds to an email from Commissioner Sandstrom. His comments and questions are set out below in red text and my responses follow printed in blue text.

'['o assist us. so that we clo not spend *ur meeling inter:pleting your respoltse" cfin you plovirle us rvith actionahle gr,tidance atrcl simple Hnglish clality. While I have tried to respond with as simple and clear language as possible, some questions do not have a single (6true" or 'onot true" answer but depend on some additional facts or circutnstances. I have tried to explain those as simply as possible, but sorne matters are plainly complex and do require analysis and discussion.

Fu'examplc:

1) Ths clistrict tti.vns tlie foircls attcl llr* land that is a total of'4.0 Jeet in wirllir, n:easurt:d 20 fe,et jk:xr thc centelline o{ the roael.
Pick oue TI{.LIE [ ] or NOT TI{.I-IE I X ] . Based on the deed, sent to me by Nancy, in Parcel 16 Great Northern conveyed its interests in the roads listed in the deed and all ooeasements and appurtenancrss" to VDOE. The roads are listed by reference to plans records in the Registry of Deeds. Thus, VDOE does own the roads listed, presumably in fee interest (only a title search could verify actual status of tifle). My reasons for cheching NOT TRUE in the box are as follows:

r

r

The dleed says the roads are apnroxilnatelv 40' in width;
. They are conveyed subject to rights of others, public utility easements and all other

easements of record; and
Importantly, the roadway width of 40' is the space within which the paved or traveled

portion of the road is located. It is rare when roads are actually constructed with the center Iine of the traveled portion coinciding exactly with the center line of the road right-of-way. Thus, using the center line of traveled way provides an approximation of the center line of the right-of-way but it may not be exact and in some cases may not be close. [In one municipality I represented years ago, the paved portions of some of the roads lvere not even located within Ure described and depicted right-of-rvay.l To truly locate the center Iine of the right-of-way (which would then determine the area within which VDOE has rights associated with the roads) various techniques could be used ranging from surveys to field

VDOE Boarrj of Commissioners RE: Roads and Drainage/Flowage

August 79,2A'13 Page2

r
techniques as discussed below.

inves,tigations using whatever physical boundary marhers may exist or some other

In addition, rvithout benetit of a title search, it is impossible to know what other rights of record may exist that limit VDOE's rights. It can be said that roads generally include the right to locate drainage within the right-of-way unless a contrary intent is shown. T'o the extent that drainage ancl flowage righl existed onrlo property of others [either expressly, by implication, or by long standing use - the three ways in which easement rights exist], VDOE can continue to use those rights. However, thart does not allow the District to substantially expand or alter drainage and flowage onto the property of others rvithout consent or conveyance of additional rights, as further discussed below.

2) The land nhrrtting tlrc roads is ciu,n*il by tlLc hexne owncr as shorvn on his/hel'dr'*d.
Piclt ote TRUIi I X I orNO f Ttt{J}tr, I I This response assurnes that homeowner owns the

land on whiclh the home is locirted and that the deed description is accurate so that the property line actually does abut the VDOE right-of-way line.

3) '['1te clistli,;L has exisling, ancl curt'c'nt *asements for egch homer abutting the lo;tcis to charrg* thr. topology of'tlle laniJ fo irnplnr'* drainagc issnes.

Piclt on* l"R{ M l I or N0'l' I'R{JF, I X I VDOE, :rs stated in response #l has existing rights within its rigJht-of-way and in accordance with easernents and appurtenances as statetl in the Great Northern cleerd. Without knowing the exact extent, purpose or description of such easements, it is impossible to do anything other than to provide an estimate of those rights - a starting point is to looh what has been the historical perspective of how drninage has been handled. In many states, but particularly in New Flampshire, easements are a bit flexible as they can be expanded within litttits by whart the courts say is natural and necessary to further the purpose of the easement so long as the pr:operty over which the easement exists is not unduly adversely a{Tected. That response' unibrtunately, is not simple antl clear, simply because that is rvhat the courts have said. An example rnay assist in understanding: An existing municipal roacl has within anyone,s memory used an adjoiining property lbr drainage that is relatively contained to certain areas of a property, with the possible exception of the area increasing, say by 10% lbllowing heavy rains * but that ceases shortlly'al'ter the storm event. Changes in topography, surface or other action by the ntunicipality results in a change in location of the drainage or its expansion by 2501,, In nry view, courts would deem such a change as requiring permission. On the other hand, if natural weather conditions changed over the course of time to increase flowage - without action by the municipality - courts woulld lihely assume that to be an act of nature :rnd would al{ow it to occur, unless the municipality could tahe action to address the situation - within reason - i.e., having to reconstruct the road would not be reasonable.

The next ques{ions ltssnrir* the rr:;:iJ is ?0 {e*t jn lvidlh;rnd tota'| r,virlth of':trO {tet includes 10 i'ect of'land nexl trt thc road. My comments as to location of the traveled portion within the right-of-way apply here as well.

VDOE Boar,C of Commissioners RE: Roads and Drainage/Flowage

August 19,2ctl3 Page 3

4) The distr:iet has the lighL lo i:hnnge lhr topogrrlphy ri'the lanci nert lri lhc lnilcls at an1,' linirr w{{hom{ tt*ti*e lo a honte ot\ir"ler rvhose. lancl is abulling ilre lr-rad.

Pick one l"RtJH I I lli)I"'fltiJlr I X I As stated in the previous irnswcr, if the change in topography substantially alters drainage or llowage onto adjoining property, that presurnably would exceecil the existing easement rights on property onto property of others. In any event, it is generally vierved as pool" practice (and certainly poor public relationr;) to undertake road projects without provided notice (and opportunity for comment) by abutters. 1) Notice and opportunity tbr comment may provide inlbrmation that will be uselirl in planning and executing projects. 2) Even if inlbrmation does not result in changcs to the project, inlbrming people instead of proceecling without notice generally produces positive reaction and may lessen concern ancl opposition.

5) "['he district has the riglrt to chang* the tapography af t]re land next 1o the lcads at an_y time rviftr nctie* to a hcrne owner rvitose lancl is abutting the road.

Pjcl< ont l't{.tJti I I }{()l"llt.tJtrl I X I Notice is helpfut as noted inr response #4, but changes in topography that adversely affect abutters or result in changes or expansion beyond o'reason" as described above, cannot occur even with notice. Ifnotice is given, and the abutter cloes not object - and if the changcs are as describecl and expected, the abutter may face dilficulty in mounting an after-the fact challenge under the doctrine that bars people frorn sitting on their rigtrts until al'ter something occurs. However, this would require a clear and convincing demonstration that a clear and effective notice of the project was provided, a deadline lbr responding wns clearly stated, along with notice that the District would rely on a lach of response as constituting authority to proceed with the abul.ter's consent. This needs to be done c:rrefully :rnd clearlly with adequate docuntentation, and then it is still not a (oslarn dunk," :rs courts ciur be very protective of priv:rte property rights.

6).I.hclc}istr]icthristherigl'rttrlch;ingct.h*tc4,:clgr.aplryofth*landtt*x1' s{ t}:e hume {}w{'$sr ll'hr:sc la.nd is ahutting f.he ro;rd.

l:)iclt oue ll{"UE I X I Niil"'f l{lJl- | I Absent somc extenuating circumstances as described above, if the ,change in topography has :rny adverse or potentially adverse effect on adjoining property' agt'eement (hopefully in writing as an easernent) is the best way to proceed. Ilowever, mere change in topography that does not affect adjoining property (hard for me to imagine) would not require agreement, though I prefer that notice and opportunity for cornrnent be providetl as stated above.

Assttrningthirf,rve0allr}0|ele|ertrrirr*ij.tlrcdistt'icthi:stiicright'-tl{-tl,iivorthir1$i]'St:|I}cl1lS;:reetrt.rcr,t|lill *1'{*ci

1) The distr"jct urust ta'ork u,ilh the lil-l lluleaLr o1'Ilight-of'-Wa,v- io aequire ih* uecess*ry plr:pefly lights before heginning atly coltslrllction project that altels the topology,' of tlie land in the l0 {foot?) section rrexl to lhe road.

Pick one l'R{lFl I I }J{}1' 'fR.lJH I X .l I do not know of any state agency called the Bureau of Right- of-Way that deals with municipal roads. That Bureau, to my knowletlge, acts on state projects. [For

a description of how the state handles property acquisition, see: httn://www.nh.sov/dot/ore/proiectdevelonment/rishtofway/faq.htm.l If voluntary consent for a

District project cannot be obtained and the projects needs aclditional rights to proceed, the manner of acting is to utilize eminent dornain to acquire those rights, with the process perhaps going

VDOE Boar,C of Commissioners RE: Roads and Drainage/Flowage

August 19,2A13 Page 4

through the I\H Board of Tax and Land Appeals. Both that Board and the courts, if used, have the authority to revierv not only compensation to the property owner, but also the public neecl fbr the project and acquisition of property rights. As stated above, mere alteration of topography without affecting abutting property in any way, likely could proceed without acquiring rights from abutters, but any substantial project within thc right-of-way likely would have some affect requiring sornc ftrrm of perrnission or involuntary acquisition of rights.

B) Ther ilistr'ict mttst obtain eulrcrll cilsf,mcnts lar propelti*s rlext to cur district roilds.
Pick one TRLIn I I NOT TR{JI;i I X I VDOE's deed does convey existing easement rights and appurtenances, though it may be dit'ficult to actually prove what those were. It is unlil<ely that VDOE has krept exacting records to show what has been done over the years and whether those even contem;rlated whether they were within existing easements or permissions. Naturally, if any such records exist, they might demonstrate that VDOE had or obtained permission to act. For future guidance, adopting policies and procedures to review existing rights and to notify and document property owner actions (i.e., consent) is highly recommendecl. I thinh trying to obtain easelrrents for all situations could be very counter-productive with solme property owners believing this to be a chance to obtain rnoney fbr rights that already may exist.

That said, going forward with a project to assist in identifying trnd clarifying VDOE ancl property owner rights m:ry be very worthwhile. For exanlple, trying to map existing rights-of-rvay could assist in determining the areas within which VDOE can nct on its own accord, Merely measuritrg 20' from the center line of the traveled or paved road m:ry not be accurate :rs stated above. If suc:h a mapping proiect were to occur, a rnethodology less costly:rnd intensive thzrt actual surveys' but rone that still may be usef'ul, would be to use whatever bounclary rnarhers can be founcl; marhing them out on the grounctrl and notice ancl hearing with opportunity to submit comment prior to ('finarlizing the map." T'hat process would not lihely include rnapping of all existing llowage ancl drainage:, but it may be a step in assisting in that objective. Again, I suggest that a public and open process with ample opportunity for public input is a uselll and benelicial tactic. While it rnay produce some objection at the outset, it is better to address those concerns early in the process instead of waiting until some obiect after the District has acted.

In conclusion, I hope you understand and agree with the notion that a 4-page response lihe this was required to address your concerns. I have tried to provide a clear "yes" or "no" reply where I could; but easement andt highway law is not always quite so clear cut. Please contact me as needed, and I hope t0, have provirded you with legal and practical guiclance.

lsl
Daniel D. Crean

1

makes a motion to send letters to the owners of 30 & 32 Middle Shore Dr to establish a meeting with the Board, in person or by telephone, within the next 2 weeks to discuss corrective action needed. Ron Sandstrom seconds the motion. Discussion on placing the culverts under the driveways to facilitate the rest of the drainage prior to corrective action on the driveways is held. Motion is called to a vote and the motion passed 2-1. Grader paving is discussed. Mark Graffam makes a motion to hire Billy Chick as consultant on the grader paving project at a rate of $60 per hour for up to 8 hours. Motion failed for lack of a second. Ron Sandstrom makes a motion to look at the cost of the DPW doing the work compared to a contractor with experience. Mark Graffam seconds the motion for discussion. Discussion on knowing municipal entities that has used graders to pave, but no contractors are known to use this technique. Ron Sandstrom moves to withdraw the motion. Mike Smith discusses a culvert at 22 Middle Shore which stops in the street, not the ditch. The culvert appears to be ineffective. This will be looked at. A washout has been noted near Geneva Place off Middle Shore. This will be checked and fixed. Mike Smith requests that the DPW look at the culvert near Bob Simmons house on East Bergamo. Ron Sandstrom makes a motion to plan a road trip for the Commissioners to review the top 6 priorities on the 2013 Road Plan. Mike Smith seconds the motion and the motion passed 3-0. A date will be set for this review. Ron Sandstrom makes a motion to set the road review for 8-27 at 1:30 pm. Mark Graffam seconds the motion and the motion passed 3-0. Overall work status is discussed. Fred Gurley reports that culvert cleaning will be the focus for the next couple of weeks.

5. Road and Driveway Review

An application for a Driveway Permit for Construction has been received for 30 Bern Drive. 23 Oak Ridge Rd has requested a Driveway Permit for Operation as not alterations will be undertaken on this driveway. A letter has been received from 17 Oak Ridge Rd questioning a cut out below their property. Mike Smith makes a motion to have the DPW check the distance from the center line of the road to the cut out. Ron Sandstrom seconds the motion. Discussion ensues outlining that this cut out may be within the VDOE Right-of-Way, but it is unknown who created it or when. It may be many years old. Discussion on road drainage ensues. RSA 149 is discussed. The Local Government Center website has information on recent statute changes relating to storm water runoff. The deed for the roads will be pulled and reviewed. Response to the letter is discussed. Motion is called to a vote and the motion failed 1-2. The location to the center line is not relevant, where the water flows is the question. Mark Graffam makes a motion to send a letter that the area has been reviewed and no evidence or documentation exists that the VDOE created this punch out or has ever maintained it. The topography map created by Paul Fluet, Engineer, shows that area as a natural run off for water. No action will be taken by the VDOE. Ron Sandstrom seconds the motion and requests that the topography map be included with the correspondence. Mark Graffam amends the motion to include the topography. Ron Sandstrom seconds the amendment. Motion, as amended, is voted and the motion passed 3-0. The culvert at 47 Eidelweiss Drive has been checked and the 12” culvert that was installed seems to be handling the water flow without a problem. Mark Graffam makes a motion to exempt 47 Eidelweiss Drive from the 15” culvert requirement. Ron Sandstrom seconds the motion and the motion passed 3-0. A request for ditch work on Sarnen has been received. Mark Graffam makes a motion that the homeowner requesting the ditch work be contacted by Nancy Cole and informed that the Foreman will be reviewing. Ron Sandstrom seconds the motion and the motion

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passed 3-0. Fred Gurley will be informed to review the area and report on the need for ditches.

6. Water System Planning

Mike Smith makes a motion to purchase a pump and motor not to exceed $2,400. Mark Graffam seconds the motion and the motion passed 3-0. The cost of labor to install the pump is discussed. A quote will be requested from Iron Mountain. A draft policy for charges to the water system for work completed by the DPW is reviewed. Mark Graffam makes a motion to approve the VDOE policy for DPW equipment and personnel use for work on the water system. Ron Sandstrom seconds the motion and the motion passed 3-0.

7. Scheduled Appearances 8. Warrant Articles

The NH Department of Revenue has not yet commented on the loan documents for the Jungfrau Pump replacement. A follow up request will be made.

Discussion on the F-550 to be ordered is held. The outfitting of the new truck is discussed. Estimates are still coming in on the truck cab and chassis.

Lease of a grader is discussed. Caterpillar, John Deere and Volvo have sent quotes. Discussion on the available options for a road grader and received quotes is held. Additional looking into of area departments using a Volvo grader will be done. Mike Smith makes a motion to focus on Caterpillar and Volvo as potential vendors eliminating John Deere. Mark Graffam seconds the motion and the motion passed 3-0. Mike Smith makes a motion to request a proposed interest rate reduction from Caterpillar to match Volvo. Ron Sandstrom seconds the motion. Discussion on early contact prior to review of documents is held. Mike Smith withdraws the motion.

A draft will be prepared for next week for the contract for Oak Ridge Road, phase 1.

9. Commissioners Reports

Mark Graffam reports that NH DES has stated that no additional canoe racks should be built within 20 feet of the water’s edge at any pond. The existing racks can remain where they are currently located. Thusis Beach has a lot of watercraft improperly and illegally stored. The watercraft will be marked for removal. Mark Graffam makes a motion to request the beach cleaners notify the office of improperly stored watercraft. Mark Graffam strikes the motion. Mike Smith makes a motion to update the Beach Ordinance as it relates to watercraft in addition to the Driveway Ordinance updates to be drafted. Mark Graffam seconds the motion and the motion passed 3-0. Mark Graffam makes a motion to add storm water drainage as the third Ordinance for the proposed Public Hearing Sept 10. Ron Sandstrom seconds the motion and the motion passed 3-0. The date of the upcoming Public Hearing is discussed. Ron Sandstrom makes a motion to move the date to Saturday, October 26 at 9 am at the Lodge. Mark Graffam seconds the motion and the motion passed 3-0.

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Mike Smith questions receipt of monthly stipend with first payroll of month. Nancy Cole outlines it was an error; the Executive Payroll has been paid for the month early.

10. Signature Items

A letter to the resident of 14 Jungfrau Rd confirming the meeting with the Commissioners on Aug 20 at 2 pm is presented and reviewed. Mark Graffam makes a motion to sign and send the letter. Ron Sandstrom seconds the motion and the motion passed 3-0.

Letters to the homeowners of 30 and 32 Middle Shore are presented and reviewed. Mark Graffam makes a motion that Nancy Cole sign and send amended letters stating that the culvert has been installed at #30; the driveways are not in compliance with the Driveway Ordinance and have been causing damage to the road; establish meeting within 2 weeks either in person or telephonically; establish plan to correct water flow from property. Ron Sandstrom seconds the motion and the motion passed 3-0.

An application for a Driveway Permit for Construction and supporting documentation are presented for review. Mark Graffam makes a motion to approve and sign the Driveway Permit for Construction for 30 Bern Drive. Ron Sandstrom seconds the motion and the motion passed 3-0.

A Driveway Permit for Operation has been requested for 23 Oak Ridge Rd. Mark Graffam makes a motion to approve and sign the Driveway Permit for Operation. Ron Sandstrom seconds the motion and the motion passed 3-0.

11. Correspondence

The Eidelweiss Property Owners Association (EPOA) has requested use of the Lodge for three upcoming events. Mark Graffam makes a motion to approve the use of the Lodge by the EPOA as requested. Ron Sandstrom seconds the motion and the motion passed 3-0. The EPOA will be notified.

Local Government Center has appointed a new CEO; Senate President Bragdon.

The Granite State Rural Waters Association has sent information on upcoming classes and their Annual Meeting.

12. Administration

The first tax payment for 2013 has been received and deposited.

The secondary claim payment for the additional damages found on the International has been received and deposited.

13. Old Business

Signs will be left on the agenda for future discussion.

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14. Other Business

Mark Graffam discusses the credit of $1,194 on this month’s health insurance invoice. The credit is a result of the dollar amount of premiums paid in January 2010. That premium was paid 80% by the VDOE and 20% by the employee. Discussion ensues on this being a credit; not a rebate and prior precedent. Mark Graffam makes a motion to disburse the credited amount at a rate of 80% VDOE and 20% Employee. Ron Sandstrom seconds the motion and the motion passed 3-0.

15. Public Comments

At 4:50 pm Mark Graffam makes a motion to enter Non-Public Session pursuant to RSA 91-A:3, II (b) hiring of an employee and (d) property matters. Ron Sandstrom seconds the motion. Motion called via roll call; Mark Graffam yea, Ron Sandstrom yea, Mike Smith yea, and the motion passed 3-0.

Motions and votes of Non-Public session:

Mark Graffam makes a motion to donate 8 panels of the steel roofing in the DPW yard to the Town of Madison for use for the Old Home Week Bean-hole Supper. Ron Sandstrom seconds the motion and the motion passed 3-0.

Mike Smith makes a motion to approve 60% payment to RCH for the work completed. Mark Graffam seconds the motion for discussion. Motion withdrawn.

At 5:40 pm Mark Graffam makes a motion to exit Non-Public session and adjourn the meeting. Mike Smith seconds the motion. Motion called via roll call; Mark Graffam yea, Ron Sandstrom yea, Mike Smith yea, and the motion passed 3-0.

Respectfully submitted,

Nancy E. Cole Administrator

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