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BOC MeetingJuly 20, 2026

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MERRIMACK VILLAGE DISTRICT 
BOARD OF COMMISSIONERS 
JULY 20, 2026 
MEETING MINUTES 
(approved August 17, 2026) 
 
A regular meeting of the Board of Commissioners was conducted on Monday, July 20, 2026, at 
5:01 p.m. at 2 Greens Pond Road, Merrimack, NH. 
 
Donald Provencher, Chairman, presided: 
 
Members of the Commission present: 
Erin Clement, Vice Chair 
Dan Allen, Financial Liaison  
 
 
 
 
 
 
Wolfram von Schoen (participated electronically) 
 
Members of the Commission Absent:  
Scott Sabens, Personnel Liaison 
 
Also in Attendance:  
 
 
Ron Miner, Superintendent 
 
 
 
 
 
 
Jill Lavoie, Business Manager 
 
 
 
 
 
 
Kristen Maher, HR/Finance Director 
 
 
As Commissioner von Schoen was participating electronically, in accordance with the Right to 
Know Law, Chair Provencher requested he state, for the record; where he was, why his attendance 
in person was not reasonably practical, who, if anyone was with him, and whether or not he was 
able to hear the proceedings.   
 
Commissioner von Schoen responded he was at his residence.  Traffic issues prevented him from 
being at the meeting location.  He was alone and could hear the proceedings. 
 
Those present were able to hear Commissioner von Schoen.  The Board was reminded that all votes 
would be taken by Roll Call. 
 
Finance/Human Resources Review  
 
1. Analysis of Revenue and Expenditures  
 
End-of-year reports are not yet finalized.  As of July 14, 2026, and twelve (12) months into the 
fiscal year, shown is revenue in the amount of $7,446,667 (113.88% of budgeted amount) and 
expenses of $5,783,438 (88.45%).  Net Ordinary Income (NOI) is $1,663,229, which includes all of 
the filtration (media changes) and water purchases having been moved into the budget. 
 
Given the amount of data now available (five years’ worth), and with some fine tuning, the hope is 
that we can include filtration (once yearly) and water purchases in the budget. 
 
Chair Provencher noted Line Item #66000 - Chemicals is identified as 39.57% of the budgeted 
amount.  
 
2. Revenue 
 

 
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07/20/2026 
 
 
35251 Settlements - Various (3M settlement - used to pay loan (47101) - below line 
34223 Service Charge (Hydrant Hookup); temporary hydrant hookup has seen a significant  
increase mostly due to use of the Merrimack Outlets parking area for events.  
34225  New Mainline Ext. Fee; new construction and mainline projects 
 
Expenses 
 
47101 – Principal - 3M settlement payment used - below line 
47102 – Interest - 3M settlement payment used - below line 
49001 - Vehicles/Equipment; purchased in May 
67005 - Inspections; added new with WTPs 
68302 - Legal - PFAS; lawsuits 
72300 - Repair & Maintenance Vehicles; new vendor and fixed up old trucks 
 
B. Capital Reserve Balance 
  
Two accounts have been officially closed; Line Item #10301 - Investment - New Hampshire Public 
Deposit Investment Pool (NHPDIP) and #10410 - Cash Settlement/Legal - Saint-Gobain 
(Wastewater Treatment Plant 4&5).  All funds have been reconciled.  Any funds remaining in those 
accounts were moved over to the operating budget.  
 
The Unassigned Fund Balance is $23,444,805.35.  Total percentage considered fund balance is 
60.3% (assets less liabilities; not all cash).   
 
Trust Accounts 
 
The majority of items identified in 2026 have been moved to 2027.   
 
Director Maher noted there may be funds to be identified from the Sodium & Chloride Reduction 
and Watershed Assistance.  She is awaiting journal entries.  If that is not the case, that line will be 
moved down as well. 
 
Funds were requested and received for the field truck purchased in May. 
 
The estimated FY26 year-end balances are; Land Acquisition (Account #10301) $1,682,244.96, 
Equipment & Facilities (#10302) $5,585,984.19, System Development Charge (#10303) 
$1,515,665.06, Extraordinary Legal (#10304) $119,024.31, and Water Purchase & WTP Operations 
and Maintenance (#10305) $1,025,721.89. 
 
Chair Provencher questioned the item identified under System Development Charge as “Mitchell 
Woods Reimburse Request FY24 - $75,000” and was informed it was never requested.  In terms of 
the charges (FY24) in the budget was $75,000.  The assumption is that reimbursement will not be 
requested until project completion.   
 
Asked if a request would be made, Chair Provencher suggested that item be removed.  He 
commented there may be other items that are added on once a decision is reached on whether not to 
move forward with source alternatives.  

 
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Director Maher addressed the open purchase order report noting at year end, any items not capital 
purchase, project, or inventory will be rolled over to FY27.   
 
Chair Provencher questioned P.O. #26-PO04013 - Gerard & Mullikin (Area 4&5); whether that 
work is completed.  Superintendent Miner stated there remains final paving to be done.  It is 
anticipated that the work will be completed by the end of July. 
 
Chair Provencher asked about the remaining balance ($34,702.53) in P.O. #26-PO04014 - Farmer & 
Mason (Area 3).  Vice Chair Clement suggested that may be related to closing documents, etc.  The 
belief is the job will be completed for an amount less than that identified within the Purchase Order. 
 
Regular Session 
 
1. Board of Commissioners to review the legal opinion provided by attorney Laura Spector-
Morgan relative to a proposed salt ordinance. 
 
Superintendent Miner stated questions raised by Commissioner von Schoen relative to salt 
ordinances utilized by others were sent to legal counsel.  Unable to be present this evening, 
Attorney Spector-Morgan provided a written response.  Should the Board desire, counsel can attend 
next month’s meeting. 
 
Noted was that the recommendations suggested as a way forward are already in motion.  Stressed 
was that the recommendations would only apply to new uses. 
 
Chair Provencher spoke of the fact that the legal opinion indicates the Board does not have the 
authority to put an ordinance in place.  That authority lies with the Town. 
 
As a means of providing some historical information, Commissioner von Schoen stated there is a 
Town salt ordinance in place.  Unfortunately, there are discrepancies between grandfathered 
properties and those constructed after the ordinance was put in place.  Some private properties near 
the river are really suffering; during winter months they struggle with keeping their community safe 
(Parker Village and others).  There is concern with their liability to residents. 
 
He had suggested we may be able to achieve a better agreement whereby walkways and granite 
steps could be treated with salt if the parking lot areas, etc. are treated with brine, which results in a 
lot less salt input into our groundwater than crystalized road salt.  The idea was to get some of these 
grandfathered properties to comply with brine or sand only applications, if achievable, and in return 
buy us a bit of leeway to get these residential properties on a path that they could do better ice 
maintenance for the safety of residents.  Parker Village is a 55+ community.  He personally does not 
like the idea that they cannot treat their walkways in a safe manner. 
 
He had provided an opinion piece knowing that the authority lies with the Town.  Other towns have 
comparable ordinances in place; specifically, where environmental protection is the subject matter, 
there is certain leverage a town has that would also be tied to grandfathered properties.   
 
If the legal opinion received was focused on what authority the MVD has then it has not achieved 
anything.  That was not the goal.  The question was how we can draft an ordinance with the Town 

 
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so that the Town could issue an ordinance on behalf of the MVD.  If the opinion letter from counsel 
does not cover that, we should go back to the drawing board and have that question addressed. 
 
Vice Chair Clement stated the Town does not have a salt ordinance.  It has a statement in the site 
plan regulations.  For new properties that go through the site plan approval process, required is a 
note on the plan set that says for parcels within the aquifer conservation district and/or wellhead 
protection area no salt or chemical deicers are to be used for winter maintenance.  That is through 
the Planning Board.  If you bring in a new application, this is a requirement.  However, if you do 
not change your site you never get this. 
 
There have been different variations of this over the last decade or so.  It was previously no salt or 
chemical deicers and applicators needed to be Green SnowPro certified.  Now they just leave it with 
no salt or chemical deicers.  The Planning Department has a list of the restricted sites.  Those 
properties are viewed during winter months to ensure the regulations are followed. 
 
Chair Provencher stated for properties that were approved prior to this planning board requirement, 
they were and are still allowed to use salt.  There is the need for a proactive approach on the part of 
the MVD and Town to request property owners and managers of grandfathered properties to modify 
their salting practices, e.g., go to brine or sand.  It is because we are seeing some sodium and 
chloride increases in our wells that go back to 2016 (upward trend).  Recent data is perhaps helping, 
but there is not enough to show a trend. 
 
Vice Chair Clement reiterated legal counsel has stated that the Town can put an ordinance in place, 
but it has to be the Town that does that. 
 
Commissioner von Schoen stated that has been understood since the discussion began several 
months prior. 
 
Chair Provencher read some of the language of the legal opinion provided: 
 
NH is not a home rule state.  Towns, cities, and village districts only have the powers given to them 
by the state, and there is no general state authority for local municipalities to adopt regulations 
such as the ones you are proposing.” 
 
Chair Provencher questioned if the MVD could look to the New Hampshire Department of 
Environment Services (NHDES) to implement this.  He suggested legal counsel be asked to attend 
the next meeting to discuss this further. 
 
Commissioner von Schoen remarked the Town has ordinances in place.  They are certainly not all 
coming down from the State.  He struggles with that statement.  From what he learned through his 
research is when environmental concerns are the motivation behind ordinances, that picture 
changes.   
 
Chair Provencher continued by noting the two recommendations provided by legal counsel: 
 
“Prepare and submit a proposed zoning ordinance for the planning board to review and 
recommend or not at town meeting, and see if it passes.  This will apply only to new uses. 

 
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1. See if you can get the town to commit voluntarily to the restrictions you want to see on public 
roads, since that is likely your biggest source of this pollution. 
 
2. Begin an educational campaign for the nonresidential uses who have site plan approval to try 
and get them to agree to voluntarily go green.” 
 
Superintendent Miner noted the zoning regulation is already in place.   
 
Chair Provencher noted the Town is already on board as they are using brine in sensitive areas.  The 
educational campaign is also already in motion. 
 
Commissioner von Schoen stated concern with the briefing the attorney received.  He is concerned 
it was not at all targeted at what we wanted to do.   
 
Chair Provencher commented he is uncertain if the recommendations were being made because 
there is no authority to do anything else.  He questioned if the State would have the authority to 
limit salt on all properties.   
 
Superintendent Miner informed the Board he has spoken with Pierce Rogrod, Drinking and 
Groundwater Supervisor, NHDES, regarding this.  If not considered a pollutant it would be tough.  
Vice Chair Clement commented that if it has not been categorized by the EPA as a pollutant of 
concern then it is hard to treat it that way legally. 
 
Commissioner von Schoen questioned how much of the discussion with the Town/Town Manager 
the attorney has been involved in.  Superintendent Miner replied that the lawyer has a copy of the 
draft ordinance.  Any draft provided to the Town would be reviewed by their legal counsel to see if 
it passes muster.  We can submit what we would like to see.   
 
Commissioner von Schoen stated his concern is more that without proper context and motivation of 
this discussion, he is uncertain if a productive review and draft of an ordinance is possible.  We 
were looking for means of achieving what we would like to see and the idea was to work with the 
Town, do the prep work, and request this of the Town.  He is uncertain if that was achieved if the 
result was what we received.  His email being forwarded to the attorney was not sufficient to 
provide a comprehensive understanding of what we are looking to achieve. 
 
Superintendent Miner remarked when we have identified a direction that we want to take, he plans 
to bring Robert Price, Director, Community Development, into the discussion.  Once we iron the 
issues out we will work that way.  We do not yet have a direction. 
 
Superintendent Miner stated if you read what counsel is suggesting we do, we are already taking 
those steps. 
 
Chair Provencher stated the legal opinion includes a part in regard to zoning, which only applies 
prospectively.  That is the aspect we are trying to get around.  Superintendent Miner stated his belief 
that what is being said is we will not get around that.   
 

 
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Commission von Schoen provided examples of Town ordinances, e.g., no RV usage, parking 
restriction, and winter parking ban ordinances.    
 
Vice Chair Clement stated those to be related to Town property.   
 
Commissioner von Schoen stated he does not believe that the Town cannot put an ordinance in 
place regarding this. 
 
Chair Provencher suggested it best that the questions be asked of legal counsel at the next meeting. 
 
3. Superintendent’s Report 
 
Water Quality 
 
Maintenance: 
 
• 
Treatment Facilities 
- 
The Granular Activated Carbon (GAC) media changeouts for 2&9 and 4&5 Treatment 
Plants have been completed.  We are still working on getting the media conditioned at 2&9. 
 
Asked about short chains detected, Superintendent Miner stated what we are running into is that 
it is busier during the day.  Having been asked if they could be postponed, he stated his desire 
for the changeouts to be done even if we have to sit on the media for a bit and condition when 
we can.   
 
Chair Provencher noted the date the GAC was loaded on Wells 2&9 was June 30th and July 2nd.  
He does not believe we are already having breakthrough.  The sampling for the last treated 
water for all the treatment plants was right before this, which is why we would be having 
breakthrough at the short chains. 
 
Business Manager Lavoie clarified the sampling was done June 26th.   
 
Superintendent Miner remarked we are actually getting some higher volumes on the Turkey Hill 
tank at night.  We may incur some overtime and start conditioning at night. 
 
Administrative: 
 
• 
Water Supply Options Study 
- 
Underwood Engineers, Inc. (UEI) does not have anything to discuss at this point but is 
targeting to have a draft report on water supply options by early August.  At that point, they 
like to meet with staff, and if all is good, they can present it to the Board.  
 
• 
Artificial Recharge Site Tour - Dover, NH 
- 
UEI, GZA GeoEnvironmental, and MVD went on a site tour of the Artificial Recharge (AR) 
facility at Dover, NH on June 16th.   
 

 
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Vice Chair Clement commented on it having been an informative tour.  It was interesting because 
the brook they are taking water out of is a creek (slightly larger than Naticook Brook).  There are 
very few circumstances when they can run that plant.   
 
Superintendent Miner remarked when they can run it, it is a million gallons/day.   
 
Vice Chair Clement added they are seeing numbers increase when they are running it (groundwater 
levels).  Superintendent Miner stated it is all set up in Supervisory Control and Data Acquisition 
(SCADA).  You could see past starts and stops of when they could run.  There would be months 
when they had to shut down.  It was running non-stop for approximately 3 months at million 
gallons/day. At this point, they were pumping and would run for a day or two and would have to 
shut down for a few days.   
 
He believes the SCADA would not allow them to run it all the time.   
 
Vice Chair Clement remarked if we were to do it, we have a larger water source and she would 
hope the permitting aspect would be better and give us more availability.  The idea of spending all 
that money to put a pipe in the river and only able to run it under specific restrictions made her a bit 
weary.   
 
Asked, she stated they had an inlet on the side of the little brook.  She was surprised by the small 
size of the brook and the much larger than utilized detention pond. 
 
Chair Provencher commented perhaps the idea is to fill the detention ponds when the stream is 
running high in the spring and then hope that the water that infiltrates those ponds persists through 
the summer for the wells to capture. 
 
Vice Chair Clement remarked part of our interest is in summer highs from sprinkling.  That creek is 
never going to do that for them because it is always when the water is lowest they cannot pump. 
 
Chair Provencher asked if it is something relatively new, and was told it was constructed but not 
utilized, and they have now tried to bring it on.  It also seemed they have multiple water sources.   
 
• 
Beebe Lane area phase 1  
- 
Engineering Service Request (ESR) 84 was signed on June 19th   
- 
The ESR will bring us through design, survey, subsurface, and bidding - totaling $191,000. 
 
• 
Greatstone Drive 
- 
ESR 85 was signed on June 19th.  
- 
The ESR will bring us through design, survey, subsurface, and bidding - totaling $218,000. 
 
Chair Provencher questioned funding sources and was told it is through grants and loans.   
 
- 
For both Beebe Lane and Greatstone, the surveyor established control points this past Friday 
the 17th and will have two crews on Beebe tomorrow and the second crew to head to 
Greatstone to begin the survey. 
- 
Subsurface; week of August 10th.      

 
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07/20/2026 
 
 
- 
Schedule; begin work within 30 days with the goal of bidding the projects in the Spring of 
2027. 
• 
Summary: 
- 
Greatstone would include approximately 6,900 linear feet (LF) of water main (61 Homes) 
- 
(8,000 LF including side streets, additional 7 homes) 
- 
Beebe Lane Phase 1 would include approximately 5,900 LF of water main (56 Homes) 
(6,500 LF including the last 600 LF on the south side of Baboosic Lake, additional 
      3 homes). 
 
US Rte. 3 Bridge Replacement & Safety Improvements NHDOT Bridge No. 118/135 (Baboosic  
Brook Bridge) NHDOT Project No. 29174: 
 
• 
Project Overview 
- 
On July 14th, attended the utilities coordination meeting  
- 
Next meeting is July 28th    
- 
Replacement bridge; 121’ span steel girder bridge  
- 
Temporary bridge on-site - two-lane detour & detour bridge of 140’ span 
- 
We have a 20” water main located on the bridge that will be kept in service with a 
temporary by-pass, most likely hanging from the temporary bridge.  
- 
Sidewalk on both sides of Route 3 
- 
Wire Road Realignment with new MYA Access and four-way traffic signals. 
- 
Schedule; bid advertisement January 2027, contract award April 2027, construction start 
April 2027, construction complete November 2027, and project completion September 2028. 
 
• 
Gerard, Mullikan, Farmer, and Mason 
- 
Final punch list items are complete or in process.  
 
• 
Palmeri, Gerard and Wilson Hill 
- 
Final paving for Wilson Hill Road and the paving patches on Palmeri Drive is expected to 
occur at the end of the month. Granese needs to confirm a date with at least one week’s 
minimum notice. 
 
Third Party Review 
• 
Flatley Retail water Review 
- 
They are looking at starting phase 3A, which is a combination of retail, hotel, and  
- 
restaurants. 
- 
9,900 gallons/day for the hotel, 5,400 gallons/day for the retail, and 3,000 gallons/day total 
for the 2 restaurants. 
- 
It is about half the planned retail currently totaling 18,300 gallons/day. 
 
• 
Village Landing 
- 
Proposed 20 age-restricted townhomes  
- 
Loop Road 2” water main. 
 
Expected is an ask of updating the road to an 8” water main. 
 

 
Merrimack Village District – Board of Commissioners 
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07/20/2026 
 
 
If not informed of irrigation demands, noted on their letter is that they do not get irrigation.  If a 
subsequent request is made it is subject to review. 
 
Asked if applicants are required to pay for their review, Superintendent Miner stated they are. 
 
4. Board of Commissioners to review the minutes of the June 15, 2026, regular and non-public 
meetings.   
 
Board of Commissioners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
June 15, 2026 
Board of Commissioners - Non-Public . . . . . . . . . . . . . . . . . . . . . . . 
June 15, 2026 
 
MOTION BY COMMISSIONER CLEMENT TO ACCEPT THE MINUTES OF THE  
REGULAR AND NON-PUBLIC MEETINGS OF JUNE 15, 2026, AS PRESENTED 
MOTION SECONDED BY COMMISSIONER ALLEN 
 
A Viva Voce Roll Call vote was taken, which resulted as follows: 
 
Yea: 
Wolfram von Schoen, Erin Clement, Dan Allen, Don Provencher 
4 
Nay: 
 
 
 
 
 
 
0 
MOTION CARRIED 
 
5. Board of Commissioners to review Action Items from previous meetings and those to be added 
from this meeting. 
 
The Commission reviewed the Action Items.  New dates were added to several of the items.   
 
Salt Mitigation Committee Meetings 
 
Chair Provencher spoke of the desire to have a draft salt ordinance and/or research available to 
discuss at the next meeting.  Business Manager Lavoie commented that having representatives from 
NHDES present during such a discussion would be key if they do have authority. 
 
6. Old Business  
 
Business Manager Lavoie informed the Commission of applications that were submitted for the 
Greatstone and Beebe Lane projects.  Approval was received on Friday. 
 
The grant agreement and loan documents must be signed within 30 days of agreement.  As the 
original certificate of vote wherein the Board authorized the Superintendent to sign the documents 
does not fall within that time period, there is the need to once again authorize the certificates of 
vote. 
 
MOTION BY COMMISSIONER CLEMENT TO AUTHORIZE THE CERTIFICATE OF 
VOTE FOR THE GRANT AGREEMENT AND LOAN AGREEMENT FOR THE 
GREATSTONE AND BEEBE LANE PROJECTS 
MOTION SECONDED BY COMMISSIONER ALLEN 

 
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07/20/2026 
 
 
 
A Viva Voce Roll Call vote was taken, which resulted as follows: 
 
Yea: 
Wolfram von Schoen, Erin Clement, Dan Allen, Don Provencher 
4 
Nay: 
 
 
 
 
 
 
0 
MOTION CARRIED 
 
Superintendent Miner noted the Board packets included additional information on the MODEL 
Return on Investment for the vacuum truck.  If desired, a presentation could be provided next month 
when Commissioner Sabens is present. 
 
Commissioner von Schoen spoke of his hope feedback provided at the last meeting did not come 
across as overly critical as that was not his intention.  In itself he fully supports the decision to 
purchase the truck.  He commented on being pleased with the information provided. 
 
Chair Provencher asked about the calculation of 3,000 potholes noting the previous discussion of 
whether that number would be required.  Business Manager Lavoie stated that to be conservative as 
there are over 4,000 unknowns.  She spoke of a meeting scheduled for the next day with 120Water 
to discuss the statistical analysis method that will be tried to hone in on the number.  Following that, 
a discussion would take place with the NHDES as they would have to approve the method being 
used.  They need to know why we are choosing the neighborhoods/certain areas.   
 
7. New Business - None 
 
8. Questions from the Public/Press - None 
 
ADJOURNMENT 
 
MOTION BY COMMISSIONER CLEMENT TO ADJOURN 
MOTION SECONDED BY COMMISSIONER ALLEN 
 
A Viva Voce Roll Call vote was taken, which resulted as follows: 
 
Yea: 
Wolfram von Schoen, Erin Clement, Dan Allen, Don Provencher 
4 
Nay: 
 
 
 
 
 
 
0 
MOTION CARRIED 
 
The July 20, 2026, meeting of the Board of Commissioners was adjourned at 6:11 p.m. 
 
 
Submitted by:  Dawn MacMillan, Recording Secretary