Document
The North Conway Water Precinct Commission met August 17, 2026. They approved minutes from July 14, August 3, and non-public session August 3 by a 3-0-0 vote. Commissioners approved the Fire Department Anti-Nepotism Policy 3-0-0. They signed a McLane Middleton engagement letter for the Lower Bartlett IMA project and appointed Commissioner Fauver as lead for those discussions, both 3-0-0. A Sewer Connection Waiver Request form was approved 3-0-0. The Amended Collective Bargaining Agreement and four Capital Reserve withdrawal requests were signed by 3-0-0 vote. The Fire Master Plan presentation is September 23. The Compact Wheel Loader delivery is mid-September; the 10-Wheel Dump Truck was picked up. WWTF office closure is scheduled for Tuesday and Wednesday morning due to generator power transfer. Source: https://www.ncwp.nh.gov/AgendaCenter/ViewFile/Minutes/_08172026-52
Commission Meeting 08/17/2026 Adopted: 09/08/2026 Page | 1 Board of Commissioners Public Minutes August 17, 2026 The Commission meeting convened at 7:00 PM in the conference room at the North Conway Water Precinct, 104 Sawmill Lane North Conway, NH. The following were present: Commissioner James Umberger Fire Chief Chad McCarthy Commissioner Rodney Morrison Treasurer Kristine Cluff Commissioner Deborah Fauver Superintendent Jason Gagnon CALL TO ORDER The meeting was called to order at 7:00 PM by Commissioner Umberger. PUBLIC HEARINGS None. APPROVAL OF MINUTES Motion of Commissioner Fauver to adopt the following minutes, A. Public meeting minutes from July 14, 2026 B. Public meeting minutes from August 3, 2026 C. Non-public session minutes from August 3, 2026 Second by Commissioner Morrison. Motion carried by a 3-0-0 voice vote. FIRE CHIEF Membership 43 Personnel Two members on leave of absence. Training Department Training: Relay pumping Engine 1 Training: Fire muster drills for engine 1 at the Precinct. Rescue Training: Ground school with Med flight, landing zones and procedures. With Conway Fire. Department Activities Place of assembly inspections and life safety inspections on going. Fire Department’s Master plan – The presentation is scheduled for September 23rd at 7:00 PM. Request from the Carroll County Commissioners to send somebody to a meeting with them to talk about the timing of payments and invoices for the Hales Location Fire Agreement. • August 24th at 9:30AM • Commissioner Fauver stated she is not available that day but that the Chief should be deputized to do that. • Commissioner Umberger stated that he recommends the Chief meet with them. Fire Departments Anti-Nepotism Policy • Commissioner Fauver requested that the policy be added to the employee handbook. Commission Meeting 08/17/2026 Adopted: 09/08/2026 Page | 2 • Kris Cluff stated that with this policy – with new members, it would be eliminating the tradition of following in a parent, grandparent, aunt or uncles’ step. Part of the issue with this policy within the department is being able to follow in the traditions of a parent or a grandparent. • Cluff stated that she checked around with other departments and the town of Conway is in the process of doing their personnel handbook and one of the things they are looking at doing is a nepotism policy for full-time versus part-time call members. • Cluff stated that her and Chief McCarthy also discussed how the department is now co-ed. Previous history has shown us that co-ed gives the department more issues than the nepotism ever gave us. • Cluff stated that this policy was started in March of 2026 and in April of 2026 a candidate was hired with the understanding that it doesn’t go against this policy because it’s not in place. Cluff stated that the perception of that was not good and the member hasn’t been making a real concerted effort to come to anything since being put on the department. Cluff feels that when applicable, this member should be coming to calls. • Cluff stated again that the perception of this policy is not great. That candidate that was above mentioned has a relative already on the department. Cluff stated that these are all things that should be considered when approving this policy. It’s not always just rules and regulations, it’s the perception of how we handle something as well. • Cluff stated that she believes this policy should be Precinct wide and not single out a particular department. • Commissioner Umberger stated that he doesn’t believe the policy needs to be Precinct wide. • Commissioner Fauver stated that there are often reasons to single out or to have different rules relating to safety departments because they have very different stressors. • Cluff stated that you could have different rules for the water and sewer department than for the ambulance and fire department. It should not just entail 54 people in the fire department when we have other people at the Precinct. She stated that the town of Conway is writing a general nepotism policy for the whole town. • Commissioner Morrison asked when the town is going to have their policy complete. • Cluff stated that town Manager John Eastman told her that he is hoping to have it done by September or October. • Cluff stated that this is singling out one department and the other three departments are getting away with these things. • Commissioner Fauver stated that she is conflicted by these policies and that she could argue it either way. She stated that if Chief McCarthy feels that this is necessary in his department, and there have been situations in the past that a policy like this would have resolved. She further stated that there could be room for an administrator to resolve some of those conflicts without a policy. • Cluff stated that having worked at the Precinct for 41 years and having worked at the fire department for 20 years, we need a nepotism policy that covers the whole Precinct. • Commissioner Fauver stated that she looked at policies from a number of towns, even in New Hampshire, and it seemed like the easiest situation is when you have multiple stations in the same town you can have Mr. work at one station and Mrs. work at the other station and you don’t have as much of an issue. North Conway only has one station. Other towns can be more lenient with these things because they have more stations. • Commissioner Fauver stated that the Chief has come to us and said, “This would be helpful to me.” And she wants to support the Chief, so she is going to vote in favor of it. She stated she is hopeful that this is something that continues to be discussed, and that we can find ways to allow multiple members of the same family to be involved in safety within our community, not necessarily in the same station. • Commissioner Morrison stated that there has to be a way to balance the emotional aspect of the family member tradition in a fire department and how the nepotism policy will change that. • Commissioner Fauver stated that she would like to approve the policy knowing that if we need to amend it at some point, it can be amended. She stated that the Chief has been working on this policy for a long time and he did not come up with it out of his own head. There’s anti-nepotism policies both ways all over the country, and there has been plenty of input. • Commissioner Fauver asked iff Cluff is against the policy. Cluff stated that she isn’t in favor or against the policy, she is just against the breaking of the tradition aspect of the policy. • Commissioner Morrison stated that he believes the tradition aspect is important, but there isn’t a gray fuzzy area if we are building a legal policy. He stated his preference would be to adopt it cleanly, as written, and if we need to go back and look at it, then we do so with all due respect to that subject. • Commissioner Fauver stated that to the people of the fire department, if you want to talk about this, reach out. Commission Meeting 08/17/2026 Adopted: 09/08/2026 Page | 3 • Commissioner Morrison stated that Kris’s point about the policy and the remainder of the Precinct, it’s worthy of a conversation. He stated that if our employee handbook is improved by an element of that, and is ultimately consistent with others, then it’s something we should consider talking about. • A Precinct wide anti-nepotism policy will be added to upcoming Commission meeting agenda Motion of Commissioner Fauver to approve the North Conway Fire Department Anti-Nepotism and Conflict of Interest Policy. Second by Commissioner Morrison. Motion carried by a 3-0-0 voice vote. Fire Department training reimbursement guidelines • Policy was adopted in January of 2010 • Commissioner Fauver requested that the section for reimbursement for training in the employee handbook reference the Fire Departments Training Reimbursement Guideline. Emergency Calls Five-year call average is 1,500 calls a year. Five-year monthly call average is 125 calls a month. Five-year daily call average is 4.11 calls a day. Year to Date Call Average The department has responded to 1,000 calls year to date for 2026 Monthly call average is 133 calls a month for 2026. Daily call average is 4.44 calls a day for 2026. The department has responded to 60 calls for the month of August. The de responded to 172 calls in July 2026. Apparatus / Trucks Having the Cafs system worked on Engine 3. Equipment Issues No change. Purchase of New Equipment Picked up the Assistant Chief’s vehicle in Nashua this morning. Gave Molly all the information for the insurance. Scheduled to get all the lights and lettered on September 16th. COMMISSIONERS/SUPERINTENDENT REPORT Project Status Vehicle Purchases Compact Wheel Loader The latest delivery update from CAT is mid-September. 10-Wheel Dump Truck The truck was picked up in Manchester today. 6-Wheel Dump Truck Estimated delivery is October – November. Commission Meeting 08/17/2026 Adopted: 09/08/2026 Page | 4 Equipment Trailer We are waiting on the OK from the dealer that the trailer is ready for pickup, hopefully this week. NCWP Master Plan Updates The Precinct’s original water and wastewater master plans were completed in 1999, with subsequent updates in 2005 and 2011. We have reached the end of the planning period for the original master plan, and it is time to develop an updated plan that focuses on the next 20 years. Precinct leadership staff had a good meeting with Black & Veatch to review the overall task list and schedule, setting priorities for the next few months. BV will be finalizing the Mission and Vision statements to be distributed to the Commission and Steering Committee in the coming weeks. We will also continue working with BV to build out the Llumin implementation as the technology roadmap is developed and refined. Lastly, we’ve asked BV to prioritize the buildout analysis for the north end of the Precinct given that this information will be needed by Wright Pierce in their design of the North End Capacity Upgrades. Hoping to have that information by mid-October. Landfill Leachate The initial phase of this project is 100% funded through the NHDES Emerging Contaminants program. Its purpose is to identify the best available technology for PFAS removal from landfill leachate with the expectation that a new treatment process will be constructed based on the findings of this project phase. Annual Meeting 2026 approved up to $8M in borrowing to move forward with design and construction. NCWP will work with the Town of Conway to advance this project thoughtfully and share costs equitably. Adjacent to the PFAS project, NHDES has been working with POTWs (publicly owned treatment works) across the state to improve compliance with industrial discharge regulations, as mandated by US EPA. The Precinct had its industrial pretreatment “inspection” with NHDES last month and one of the action items was to develop a formal Industrial Discharge Permit (IDP) for the landfill. That DRAFT IDP has been created and will be reviewed with NHDES in a couple of weeks. We anticipate additional work will need to be done over the coming months to adjust our Sewer Rules & Regulations to be in full compliance with state and federal regulations, including working with our engineers to review and develop science-based “local limits” for a suite of different chemicals, including PFAS. • Superintendent Gagnon stated that there’s going to be some changes that we will need to make to the sewer rules and regulations so that they are more in compliance with current regulations from EPA, including a big update on the main table in there that sets limits for what concentrations of different pollutants can be and what people are discharging. It will need to be redone from a science-based perspective, which is something we’ll have to hire out. • Commissioner Fauver asked if that is something we could get from Black & Veatch. • The Superintendent stated that they could do it for us, however it would be more appropriate for Wright Pierce because they are the ones who developed the biological treatment model for our whole system. • Kris Cluff asked if we would have to have a public hearing once that is completed. The Superintendent stated that anytime there are changes to the rules and regulations, we have to have a public hearing. Saco River Erosion This project is currently in design phase with the goal of addressing erosion of the Saco River banks that threatens WWTF infrastructure. NCWP has received $15.2M in CWSRF funding through NHDES for the future construction phase. A funding meeting is scheduled in two weeks with North Country Council to move forward with our application for EDA funding. North End Sewer Collections Capacity Analysis of the NCWP collections system in preparation to receive Lower Bartlett sewer flow revealed that the Remoat Trail Pump Station and 12” sewer main from Memorial Hospital to Grove Street have limited remaining capacity. An alternatives analysis was performed by Wright-Pierce with a recommendation for upgrades at Remoat Trail Pump Station and construction of a new force Commission Meeting 08/17/2026 Adopted: 09/08/2026 Page | 5 main from the pump station to Grove Street within the Route 16 corridor as the least cost option. The project kick-off meeting will happen on Monday morning. I’ve also been working with Ryan O’Connor from the Town of Conway to apply for Northern Borders Regional Commission funding to offset the cost of the project. We are currently in communication with the NRBC program manager regarding application timelines and funding strategies. WWTF Aeration Upgrades This project renews aging infrastructure and adds additional aeration capacity in the east carousel of the WWTF to meet increasing flows and loads at the WWTF. It is funded by NHDES CWSRF in the amount of $2.99M, including ARPA Grant of $997,000; Principal Forgiveness of up to $369,300; Energy Audit Implementation Grant of $200,000; and State Aid Grant of at least 20% of remaining principal/interest balance. NCWP also received $859,000 in CWSRF funding to add the backup generator replacement to this project. Tuesday and Wednesday of this coming week, power will be transferred to the new generator and transfer switch. This will require a couple of (hopefully) brief power outages at the WWTF and Precinct offices. We’ve tentatively scheduled the office to be closed on Tuesday and Wednesday morning due to the possibility of having no power for an extended window of time. Skimobile-Artist Falls Water Main This project is currently in design. It will add a second piping connection between the north and south pressure zones of the water distribution system to improve resiliency. It is funded by a DWGTF loan/grant ($1,357,200 loan, $150,800 grant). The project contractor is coordinating with the directional drill subcontractor. The current estimated start date in the last week of August, pending driller availability. Country Road Sewer This project extends sewer into the Country Road portion of the Village at Kearsarge. It is funded through a NHDES CWSRF loan of $1,390,000 with 10% principal forgiveness. An additional $600,000 CWSRF Loan was approved in 2025 along with $322,708 in capital reserve funds. No new updates – working through the process of project closeout. Town of Conway – CVFD Transition With Conway Village Fire District dissolving, the Town will assume responsibility for their water/sewer systems. NCWP is engaging with the Town to develop a new Inter-Municipal Agreement (IMA) based on fair and equitable sharing of wastewater treatment costs. The IMA received approval from the Attorney General’s office on August 7th. If I receive an updated Appendix B (map showing the Town’s service area) before the meeting, I will have two hard copies for signature at the Commission meeting. My understanding is that the Selectmen will sign shortly thereafter. Lower Bartlett – IMA Discussion Lower Bartlett Water Precinct has received funding through USDA Rural Development to construct a sewer collection system. NCWP is working with LBWP to develop an IMA to establish what LBWP will pay for NCWP to receive and treat its sewage. In response to LBWP’s proposal for NCWP to share in the capital cost of LBWP’s new sewer system, we have been working with Black & Veatch and NCWP counsel to understand standard industry cost sharing approaches and the legality of capital cost sharing. Black & Veatch has drawn upon their experience working on IMA’s across North America to provide some guidance to NCWP. They were unable to identify another instance where costs were shared like LBWP proposed. Additionally, they’ve raised a Commission Meeting 08/17/2026 Adopted: 09/08/2026 Page | 6 number of concerns that need to be discussed further. Recognizing that this IMA has the potential to become much more complicated than the Town of Conway IMA, we have also had preliminary discussion with McLane Middleton law firm to serve as counsel for NCWP through this process, as well as to fill the void left by the recent retirement of NCWP’s general municipal counsel. I’ve attached an engagement letter from McLane to this report for review. If accepted, McLane is ready to support us through this process. To continue discussion with LBWP, it has been recommended that the Commission appoint one member to serve as lead in future discussions. This appointee would attend meetings with the Superintendent and Lower Bartlett to discuss IMA language and cost-sharing proposals during in-person meetings, however, all decisions would still require discussion and vote by the full Commission. Commissioner Fauver stated that this representation agreement just relates to the Lower Bartlett IMA. She stated that we can ask them for other things, but at this point, we are hiring them to help us with the Lower Bartlett IMA. Motion of Commissioner Fauver to sign the McLane Middleton engagement letter specifically for the Lower Bartlett Water Precinct project. Second by Commissioner Morrison. Motion carried by a 3-0-0 voice vote. Motion of Commissioner Morrison to appoint Commissioner Fauver to serve as the lead Board member for future discussions with Lower Bartlett Water Precinct. Second by Commissioner Umberger. Motion carried by a 3-0-0 voice vote. Potential Water & Sewer Easement – Eastman Road NCWP is seeking a water/sewer easement on the lot just east of Walmart to provide a path for the water main to continue from Hemlock Lane to Eastman Road for resiliency of connection to Pine Hill Tank. No new updates. Lead Service Line Investigation / Replacement Revisions to USEPA’s Lead and Copper Rule require that all public water systems identify material type for every water service line in the system and then replace certain types that may increase the risk of lead exposure. NCWP approved $925,850 for this project, which will include purchase of a vacuum excavation trailer, 20-ton equipment trailer, and mini excavator. The project is funded by NHDES with 71% principal forgiveness. No new updates. Manhole Raising We held the demo of the “Mr. Manhole” equipment on Wednesday 8/12. Unfortunately, the vendor brought only the short cutter arms and the concrete around the manhole was thicker than anticipated. We were unable to complete the work that day. Silas is currently working with the vendor to get the machine brought back for an additional day so that we can finish the job. Sewer Connection Waiver Request We have received a Sewer Connection Waiver Request from 7 Tree Top Lane. Article II (7) of NCWP’s Sewer Rules & Regulations does allow the Commissioners to waive the requirement to connect, at their discretion, provided a number of conditions are met. This is the first Waiver request I’ve received since I’ve been at the Precinct. In looking back through records, the Waiver process was not overly clear. To ensure that we have a standard process and solid record for all waivers moving forward, we have developed a simple form for property owners to complete. I’ve attached that form, as well as the relevant sections of the Sewer Commission Meeting 08/17/2026 Adopted: 09/08/2026 Page | 7 Rules & Regulations, to this report for review. I think it’s appropriate that the Commission first review and approve the Waiver form. Once that’s approved, we can provide the form to any/all property owners who currently claim to have or wish to request a Waiver in the future. Motion of Commissioner Fauver to approve the Sewer Connection Waiver Request form. Second by Commissioner Morrison. Motion carried by a 3-0-0 voice vote. Abatement Requests None. New Hampshire Water Pollution Control Association Fall Meeting NCWP has been selected as the host location for the NHWPCA’s Fall Meeting on September 11th. The fall meeting traditionally is held at facilities that lead the way in New Hampshire through proactive operation, maintenance, and management. This will be an opportunity for NCWP to showcase our recent aeration upgrade project, discuss or approach to planning and operation, and network with other wastewater operators and leaders across New Hampshire. The event will consist of tours from 8:30 AM – 10:30 AM, followed by a technical presentation and lunch at the Red Fox in Jackson. OLD BUSINESS • Election Rules, and Precinct Moderator and Clerk Job Descriptions - Commissioner Fauver stated this should be completed by the end of September. • Treasurer Job Description - Commissioner Fauver stated this should be completed by the end of September. NEW BUSINESS None. OTHER BUSINESS None. PUBLIC COMMENTS/MEDIA QUESTIONS None. SIGNATURE OF DOCUMENTS • Collective Bargaining Agreement Amendment – Added new positions for the fire department, added new language for the fire department, and added the one-time wage increase that was voted on at 2026 annual meeting. Motion of Commissioner Fauver to approve the signing of the Amended Collective Bargaining Agreement. Second by Commissioner Morrison. Motion carried by a 3-0-0 voice vote. • Capital Reserve Withdrawal Request (4) Motion of Commissioner Fauver to approve the signing of the four capital reserve withdrawal requests. Second by Commissioner Morrison. Motion carried by a 3-0-0 voice vote. SIGNING OF CHECKS Motion of Commissioner Fauver to ratify checks to be signed out of session: 1. Payroll checks dated 8/13/2026 2. Accounts payable checks dated 8/13/2026 Second by Commissioner Morrison. Motion carried by a 3-0-0 voice vote. Commission Meeting 08/17/2026 Adopted: 09/08/2026 Page | 8 NON-PUBLIC SESSIONS Motion to enter non-public session made by Commissioner Fauver and seconded by Commissioner Morrison. Specific statutory reason cited as foundation for the non-public session: _X_ RSA 91-A:3, II (d) Consideration of the acquisition, sale or lease of real or personal property which, if discussed in public, would likely benefit a party or parties whose interests are adverse to those of the general community. _X_ RSA 91-A:3, ll (e) Consideration or negotiation of pending claims or litigation which has been threatened in writing or filed by or against this board or any subdivision thereof, or by or against any member thereof because of his or her membership therein, until the claim or litigation has been fully adjudicated or otherwise settled. _X_ RSA 91-A:3, ll (b) The hiring of any person as a public employee. Roll call vote to enter non-public session: Rodney Morrison Y N James Umberger Y N Deborah Fauver Y N Entered non-public session at 8:05 PM Public meeting reconvened at 8:55 PM Motion of Commissioner Fauver to seal the non-public session minutes as it was determined that divulgence could render the proposed actions ineffective. Second by Commissioner Morrison. Motion carried by a 3-0-0 voice vote. ADJOURN Having nothing further to come before this public meeting, motioned by Commissioner Fauver to adjourn at 8:55 PM. Second by Commissioner Morrison. Motion carried by a 3-0-0 voice vote. Respectfully, Molly Donley