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February 18, 2009
February 18, 2009


A regular meeting of the Board of Water Commissioners was called to order at 12:00 pm by Chairperson Richard Fournier.  Commissioners present were Lucien Langlois and Ex-officio member Mayor David Bertrand.  Absent from this meeting was Commissioners Paul Poulin and Robert Delisle.  Also present was David Brooks, Roland L. Viens and Debbie Baillargeon.

Chairperson Fournier appointed Commissioner Langlois as acting clerk for this meeting.

           There were no Public or Board Comments at this time.

It was moved by Commissioner Langlois, seconded by Mayor Bertrand with all in favor, to accept and place on file, the Minutes for the January 21, 2009 regular meeting and the two work sessions of February 2 and 11, 2009.

           Under the Berlin Water Works Monthly Status Report dated February 13, 2009, Superintendent Viens reviewed the following with the Board:

1.      Superintendent Viens informed the Board that he received a call today from Robert Mann, NHDES to notify us of a new Ground Water Rule ENV-DW 717 about wells.  The new ruling takes effect December 2009 and it requires six months of test (March to August) prior to December 2009.  Berlin Water Works will begin testing the Brown Farm well in March at the same time as our regular samples go to Concord.  The test required is an E coli test; they are looking for evidence of viruses.
2.      The Staff discussed Drinking Water Week in May and decided not to participate this year.
3.      Superintendent Viens discussed the phone data information supplied to the Board and summed it up by saying that we now have more service for less cost.
4.      Berlin Water Works had a positive test for E. coli at one of our regular test sites and had to do two other sites above and below the site.  The staff may choose another site to replace this one.
5.      Superintendent Viens has not heard any news on Northern Paving.
6.      Staff met with Dave Withum of Primex regarding the prime program.  The Prime program details certain procedures and policies that if followed will entitle us to a 2.5% discount on our workman’s compensation, property and liability insurance policies.  The savings would amount to approximately $1,000.  Dave Withum will set up training for Berlin Water Works.
7.      Superintendent Viens added radio read information to the Monthly Status Report.  The staff will continue to install radio read remotes and upgrade meters before construction season.

           It was moved by Commissioner Langlois, seconded by Mayor Bertrand with all in favor to accept the Berlin Water Works Monthly Status Report dated February 13, 2009.

           It was moved by Commissioner Langlois, seconded by Mayor Bertrand, with all in favor, to accept and place on file, the Cashier’s Report for period ending January 2009 following a brief discussion.

                       Under Old Business:

a.      Wind Farm Access – David Brooks Proposal:  Mr. Brooks addressed the Board. His main concern was the necessary easement from Berlin Water Works for an access road that would allow the property to be fundable.  He had all the original drawings that Christian Loranger, the previous owner of the land had acquired.  The Board discussed the easement and their concern for the Ammonoosuc Treatment Plant operations.  The previous owner of the property had problems when he went on line with PSNH and Berlin Water Works cannot afford to have any problems with the Ammonoosuc Treatment Plant as it is our only source for drinking water and fire protection in the City of Berlin.   Also, the easement can be supported by Berlin Water Works but the owner of the property is City of Berlin, and Mr. Brooks will have to have City of Berlin’s permission for the easement.   In discussing the previous owners agreement with Berlin Water Works  the Board stated the conditions for the easement that were presented to Mr. Loranger; the access road is required to be gated, and drainage issues have to be partially addressed to prevent the Berlin Water Works road from being washed out. The Board’s main concern is for the operation of the Treatment Plant Facility, Mr. Brooks assured the Board that he had adequate insurance to cover any problems and that he and his engineers felt there would be no problems with power surges when they start to send power to the PSNH grid.  Mr. Brooks stated that in some of the communities that he has worked with he has set up a bank account of $10,000 that the community can draw on if there are any immediate problems which he does not anticipate.  Mr. Brooks also stated that once the project is operational he will have a contact person here in Berlin with a 24 hour phone line for any issues that would arise due to the wind mill operations.  Mr. Brooks did ask the Board to consider a Power Procedure Agreement that would help with the interconnection agreement with PSNH.  The Board informed Mr. Brooks that we would review all agreements with our Attorney Paul Desjardins, and asked if Mr. Brooks would be willing to accept the legal fees involved with review of the agreement, he said yes.  When asked what capacity is planned Mr. Brooks stated that his application with PSNH is for 3.7 megawatts that would cover phase 1 of the project.  Mr. Brooks provided the Board members with a brochure of some of the windmill farms that they presently operate and his business card.  Mr. Brooks also discussed the possibility of having water to his property and the Board suggested that the first step should be the easement.  The Board suggested that Mr. Brooks submit in writing his request for easement and Power Procedure Agreement.  Mr. Brooks thanked the Board of Water Commissioners for their time and said that he would be following up with the written request.
b.      Water Rates-Status:  Superintendent Viens recommended that the Board approve the water rate structure that matches our current revenue, he spoke to the State of NH and found that we do not have to have a public hearing to present the change.  The plan is to change the rate structure from a step system to a curve system and then review the FY 2010 Budget and any possible funding for forced account work before considering any price increase.   The Superintendent stated that if approved by the Board he would contact our billing software company to determine if the curve system can be applied to our rates.   It was moved by Commissioner Langlois, seconded by Mayor Bertrand, with all in favor to authorize the Superintendent to change the water rate structure from step system to curve system.
c.      Godfrey Dam repair project – RFP:  Superintendent Viens stated that we had advertised in the Berlin Daily Sun and the Manchester Union Leader for engineering firms to apply by February 20, 2009 if interested.  If no new engineering firms apply we will continue with the process as scheduled.
d.      Brown Farm Well head protection Geo Insight Proposal Matching Funds/Grant – Status: No change at this time.
e.      BWW Building Upgrade Plan – M & M Garage – Status:  Superintendent Viens stated that we had spent $400.00 for a lead test on the sheds torn down and also $718.00 in tipping fees to AVRRDD.
f.      Ammonoosuc Treatment Plant-Proposal –Child Advocacy Center:  Superintendent Viens stated that he and Commissioner Langlois had met with the group and discussed the use of the Ammonoosuc Treatment Plant for interviews.  Board suggested that the Superintendent estimate the costs of renting the Ammonoosuc Treatment Plant and provide the Child Advocacy Center with the amount for rent.
g.      BWW & PWD Interdepartmental Services Report-January 2009:  Superintendent Viens informed the Board that there was little activity this past month, Berlin Water Works has taken sand and salt mix from Public Works Garage but has not been billed yet.
h.      Red Flags Rule – Status – Discuss Draft/Approve:  Superintendent Viens stated that the staff had met, discussed and developed the Identify Theft Policy.  It was moved by Commissioner Langlois, seconded by Mayor Bertrand, with all in favor, to approve the Identify Theft Policy to be signed at the next Board Meeting and to be reviewed annually by the staff and reviewed and approved by the Board annually.
i.      BWW Audit information-Status:  Superintendent Viens informed the Board that the auditors have been here both today and yesterday completing the audit for FY 2008.  Superintendent Viens will follow up with Bob Vachon as to the successful completion of the present audit.
j.      Horne Brook Water Rights – Status:   Superintendent Viens stated that he had attended a City Council Meeting presenting the Boards recommendation that we retain the water rights.  

There was no other old business at this time.

                       New Business:

a.      Draft Easement/agreement for Riverside Housing water lines–For Comment/Approval:  Superintendent Viens stated that the information provided to the Board was updated today by E mail.  The Board asked that the Superintendent provide them with the new easement/agreement information.
b.      Employee Review:  The Board asked that this item be put on next month’s agenda.
c.      Letter to NHDES – requesting EPA Grant – Scope Adjustment:  Superintendent Viens stated that he had not heard any news from Rick Skarinka regarding this request.
d.      Stimulus Funding Application:  Superintendent Viens stated that there are several items to consider: if Berlin Water Works does receive stimulus money on a controlled time schedule we will have to review our present funding as we have a Rural Development Grant and EPA Grant that have to be spent down by December 31, 2009.  On this first item the Superintendent recommended that the existing funds could be spent down by doing five projects with the least amount of Berlin Water Works staff time.  First three projects require a railroad crossing that would require installing casings and water lines, two located on Western Avenue and one at Dead River Crossing.  The one at Dead River Crossing involves three sets of railroad tracks.  Changing these three railroad crossings would eliminate hydraulic restrictions to the water distribution system in the event that the City of Berlin does the bridge replacement at the Dead River on Hillside Avenue or Phase II of the Route 110 project begins.  The remaining two projects would be to add a first in first out system to the Forbush Tank similar to the one at Coulombe Pond tank and the last remaining project would be water circulating system for the Lancaster Tank.  The Superintendent stated that these five projects would be completed only if we receive stimulus funding.  There has been no word from John Gallus or Bud Fitch in regards to the stimulus funding.  Superintendent Viens stated that Berlin Water Works has not done any “forced account” work with the State Revolving Loan program in the past.  Richard Skarinka is not sure whether forced account work will be allowed for State Revolving Loan Program he will follow up for us.  The Board stated it was important to let the officials know that the forced account work does create jobs in the community with temporary help.  At the present time the Superintendent stated that the Rural Development funding will be 75% loan at an interest rate of 3 1/8% with no dead line to apply but the sooner the better, suggesting four million in funding.  The State Revolving Loan funding will be at 50% forgiveness with interest rate of 4 1/8%, suggesting three million in funding.  It was moved by Mayor Bertrand, seconded by Commissioner Langlois, with all in favor to authorize the Superintendent to apply for a State Revolving Loan in the amount of $3,000,000.00.  It was moved by Commissioner Langlois, seconded by Mayor Bertrand, with all in favor to authorize the Superintendent to submit a resolution to the City of Berlin for a Rural Development Grant and Loan in the amount of $4,000,000.00.
e.      Route 110 Proposed Water and Sewer Project:  Superintendent Viens stated that the HE Bergeron Engineering proposal is $80,000 for the water engineering study and $250,000 for the sewer engineering.  The City of Berlin would accept the mobilization and demobilization costs.  The Board stated that we do not have the funding to proceed with engineering for water portion ($80,000).  Superintendent Viens stated that he had contacted Richard Skarinka, NHDES in regards to funding this project and he stated that they only fund projects that require compliance, the funds do not cover new development.  It was suggested that the developer of the project could assume the costs as Riverside Housing has done for their project.
f.      Running Water Customer Questions:  Superintendent Viens stated that we have had more customer questions on the present policy of Running Water to prevent freeze-up, the Board stated that we have enacted a running water policy and they stand behind the policy as it stands, they were in agreement with the correspondence from staff to customers.

        There was no other new business at this time.

 It was agreed by the Board to hold their next regularly scheduled meeting on Wednesday, March 18, 2009 at 6:30 PM.

There were no Public-Board Comments at this time.

 There being no further business to come before this meeting at this time, it was moved by Commissioner Langlois, seconded by Mayor Bertrand, with all in favor, to adjourn this meeting.

           The meeting did so adjourn at 1:50 PM.

           A True Record:             ATTEST:__________________
                                                Lucien Langlois, Acting Clerk of the Board