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Minutes 4/15/2009
April 15, 2009


A regular meeting of the Board of Water Commissioners was called to order at 6:30 pm by Chairperson Richard Fournier.  Commissioners present were Lucien Langlois, Paul Poulin and Robert Delisle and ex-officio member Mayor David Bertrand. Also present was Irene Blais, Paul Guerin, Barbara Tetreault of the Daily Sun, Roland L. Viens and Debbie Baillargeon.

           Under Public Comments Mrs. Irene Blais of 490 Goebel Street addressed the Board and presented them a written request for abatement of water at 486 Goebel Street in the amount of $1,611.48 as she is in the process of purchasing through Quit Claim the property which is next door to her property for demolition.  The quotes for demolition that Mrs. Blais received have been between $30,000 and $45,000.  The property was destroyed in a fire.  Her intentions are to beautify the lot once the building is removed but she does not plan to build any residential housing on the property.  Mrs. Blais also showed pictures of the property at 486 Goebel Street showing that it is beyond repair.  Mr. Paul Guerin, Mrs. Blais’s brother stated that she is incurring the expense to demolish the building saving the City of Berlin the expense and requests the abatement for the past due water, sewer and back taxes.  The Board stated that they could only address the back water fees.  Chairperson Fournier thanked Mrs. Blais and Mr. Guerin for attending the meeting and told them the matter would be discussed later in the meeting under new business, he told them to expect an answer in writing tomorrow.

        Chairperson Fournier amended the agenda at this time to present Ward IV Commissioner Robert Delisle with a plaque, card and gift certificate for his eleven years of service as a Board member.  Mr. Delisle’s term of office began on June 2, 1998 and is ending on May 1, 2009 tonight is his last official meeting as a Board member.  Barbara Tetreault of the Berlin Daily Sun was on hand to take pictures of the event.  Chairperson Fournier also noted for Ms. Tetreault that this group of Board members is the longest group serving together since the beginning of the Berlin Water Works in 1925.  

        There were no Board comments at this time.

It was moved by Commissioner Poulin, seconded by Commissioner Delisle with all in favor, to accept and place on file, the Minutes for the March 18, 2009 regular meeting and the minutes for the work session on April 6, 2009.

           Under the Berlin Water Works Monthly Status Report dated April 10, 2009, Superintendent Viens reviewed the following with the Board:

1.      Superintendent Viens mentioned rates for asphalt as provided by Pike Industries.  The price is at $69.00 per ton as compared to prices last year in the low 70’s.  Chairperson Fournier noted that Pike Industries is going to open the Columbia plant as well as the Gorham plant this year and they plan to run extended hours due to the many stimulus package projects this year.   Superintendent Viens stated that we do not have as many paving projects as past years.  We did receive a bid from Central Paving and they are interested in working with us, the rates are comparable to Northern Paving’s rates in the past except for hand finish work such as curb stops.  Chairperson Fournier suggested that the Superintendent call the Public Works Director to ask if they would be interested in doing the paving work for Berlin Water Works.  Superintendent Viens stated that he has had communication with the Director but has had no answer as of yet.  The usual practice of the Berlin Water Works has been to have the Public Works do the maintenance work paving and Northern Paving do the capital project paving work.  Superintendent Viens will call Mike Perreault, the Public Works Director to speak to him about paving.

2.      The Superintendent distributed the 2009 Quality Report for calendar year 2008 to the Board and asked them for their comments.  He told the Board that the Water Quality Report will be sent to all water customers in their May 2009 Quarterly billing.

3.      The revised scope to spend down the remaining Rural Development Funds has been completed. We have contacted a company who is looking for a test site in the northeast and would be interested in PAX Mixing System (agitator) in one of our water tanks, and they would provide the valves and then collect data for their company this is in the information stage at this time.   The staff has ordered the valves for the Forbush Water Tank and the stainless steel tapping sleeves. A contact person from Canada that Superintendent Viens met at the Worcester Trade Show has provided us with a price of $700 dollars/each (4) cheaper than our usual material provider here in the United States.  The staff has already drained down one side of the Forbush tank for inspection and dimension measurements, the tank was very clean it had not been inspected in two years.  

4.      The M & M garage roof at 46 Willow Street has had new supports installed and is much safer now.

5.      Superintendent Viens stated that three of the temporary employees from last year have been rehired they have all been working as of April 13, 2009.  We also have one student who at present is working one day a week.  Superintendent Viens stated that he is going to talk to the supervisors about hiring John Arsenault as a laborer for four days a week and he will continue his contractor services one day a week.  The Board stated that no action was due on their part as staff was in charge of hiring.

            It was moved by Commissioner Poulin, seconded by Commissioner Langlois with all in favor to accept the Berlin Water Works Monthly Status Report dated April 10, 2009.

           It was moved by Commissioner Delisle, seconded by Commissioner Poulin, with all in favor, to accept and place on file, the Cashier’s Report for period ending March 2009 following a brief discussion.  Superintendent Viens also stated that the third quarter expenditure report is on target.

                       Under Old Business:

a.      Water and Assessment Rates – Status:  The Board reviewed the draft news release announcing the Linear Assessment Rate that will go into effect for the May 2009 Quarterly Billing.  The Board suggested that a graph be attached to the news release to show the difference from the old step system and the new linear rate system.  The Board also suggested that when the news release is sent out it should appear over three different weeks, so that the customers will be aware of the change.
b.      Godfrey Dam repair project –Loan & Grant application/Engineering Contract:   Superintendent reviewed the facts leading up to the project the first being the letter of deficiencies that Berlin Water Works received from the NHDES Dam Bureau, second that we had applied to NHDES for a State Revolving Loan for the repair project but were denied, the present step is to apply to Rural Development for the funding an application package will go out either this week or next week.  This Rural Development Loan and Grant package may be at 50% Loan and 50% Grant, it is not official yet.  Part of the project will be to build a sixty-eight foot bridge over the bladder that will give safe access to the other side of the dam where the water transmission line begins.  Chairperson Fournier suggested that the Superintendent meet with the White Mountain National Forest representatives before the application package is submitted to make sure that the scope is correct for the amount requested.  It was moved by Commissioner Poulin, seconded by Commissioner Delisle with all in favor to authorize Chairperson Richard Fournier to sign an agreement with Provan-Lorber for a Design Engineering Services for the Godfrey Dam Repair Project.
c.      Stimulus Funding Application Resolutions – NHSRL and USDA RUD Status:  Superintendent Viens stated that the Amendment #1 for Provan-Lorber for work on the Tank headers and railroad crossings has been signed and submitted to Jonathan Harries at Rural Development.  As briefly discussed earlier the second RUD Loan and Grant for repair work at Godfrey Dam may be at 50% Loan and 50% Grant.  The NH State Revolving Loan for $3,000,000 as already applied for water main improvements may be at 50% forgiveness with an interest rate of 3.74% instead of the usual 4.2%.  Another change is that the NHDES will subtract the forgiveness amount on NHSRL before interest is charged rather than after interest is charged as in the past.  Superintendent Viens stated that he had called Attorney Paul Desjardins regarding his opinion as to whether the Board of Water Commissioners may sign for a State Revolving Loan.  Superintendent Viens has told Attorney Desjardins that the staff will provide him a copy of the information Attorney James Michalik had prepared for the City of Berlin vs. Berlin Water Works lawsuit along with Attorney Michalik’s interpretation of the ruling in the case.  It was moved by Commissioner Poulin, seconded by Commissioner Delisle with all in favor to authorize Chairperson Fournier to sign the Resolution for the Godfrey Dam Repair Project NHSRL application.  Superintendent Viens Stated that Richard Skarinka of NHDES had a few requirements: Berlin Water Works must comply with Davis-Bacon rates, we must use American materials and we can use force account work.
d.      Ammonoosuc Treatment Plant – Proposal –Child Advocacy Center:  Commissioner Langlois attended a recent meeting with the Child Advocacy group and told them that the Board wanted an amount that they will pay to cover basic costs at the Plant. They will research what they presently pay for their offices in Lancaster and Colebrook and will contact the Board.  They will pay for their own phone lines and janitorial services.  The Board questioned how many people would be at the treatment facility at any given time, Superintendent Viens stated that there would be at least one person at all times and then up to five or six in time of monthly meetings and interviews.
e.      BWW & PWD Interdepartmental Services Report – March 2009:  the Board reviewed the report and noted the many times that Berlin Water Works had to go to outside garages for routine maintenance.  It was also noted that the Public Works Garage is certified to do vehicle inspections.  
f.      Provan-Lorber – Amendment # 1 for USDA RUD Grant – RR crossings:  This item was discussed previously in the meeting.
g.      Draft Budget FY 2010 First Full Draft and Third Quarter Expenditures Report Schedule Public Hearing for budget:  the Board scheduled a luncheon work session meeting for May 13, 2009 to discuss the Budget before the Public Hearing that is scheduled for May 28, 2009 at 6:00 pm at City Hall.  The amount of Stimulus funding received will be reflected in the final FY 2010 Budget.
h.      Under Other Old Business:  Superintendent Viens stated that the Staff will be renting the Compactor from ProQuip and pay a monthly rate that Pro Quip will not bill.  If we decide to purchase the compactor the monthly rate will be applied to the purchase price.  Commissioner Langlois asked what the monthly rate was and Superintendent Viens stated it was between $1,300 and $1,400 per month.  The compactor is very safe as it is remote control and does not require the staff to get into the trench to operate; Berlin Water Works are the only ones who have rented the compactor in the past.  

Superintendent Viens informed the Board that City Manager Patrick MacQueen has signed the grant for Brown Farm well head protection.  The consultants are now authorized to begin the study to protect the well head protection area.

There was no other old business at this time.

                       New Business:

a.      Approve NHSRL -05 Loan payment on May 1, 2009 in the amount of $122,902.38:  It was moved by Commissioner Poulin, seconded by Commissioner Delisle with all in favor to authorize staff to make payment on the NHSRL-05 Loan payment in the amount of $122,902.38.  
b.      Compressor Bid results from 3/25/09:  The Board briefly discussed the compressor bid that was submitted and decided to reject the bid at this time.  The Board will table this item at the present time the compressors will be discussed at a later date.
c.      Ward IV Commissioner Appointment – Status – and Appoint Chairperson and Clerk of the Board:  Mayor Bertrand stated that he has recommended Stephen Tardiff to replace Robert Delisle; it now goes before City Council.  It was moved by Commissioner Langlois, seconded by Commissioner Poulin with all in favor to reappoint Richard Fournier as Chairperson of the Board.  It was moved by Commissioner Langlois, seconded by Commissioner Delisle to reappoint Paul Poulin as Clerk of the Board.
d.      RFP for Auditor:  Superintendent Viens stated that the RFP has been revised to include force account work.  The Board suggested that it be mailed individually to the six people staff has selected and also publish in the Union Leader in one of the daily papers as well as a Sunday edition of the paper.
e.      Employee Review:  This item will be moved to closed session.
f.      Mrs. Irene Blais request for abatement for past due water at 486 Goebel Street:  The Board discussed Mrs. Blais’s intention to remove the burned out building at her expense.  It was moved by Commissioner Delisle, seconded by Commissioner Poulin with all in favor to abate the past due water in the amount of $1,611.48 pending the demolition and clean up of the lot at 486 Goebel Street.

 There was no other new business at this time.

It was agreed by the Board to hold their next regularly scheduled meeting on Wednesday, May 20, 2009 at 6:30 PM.

There were no Public Comments at this time.

Under Board Comments, Mayor Bertrand asked if Clean Power had responded to the estimate for water charges that they requested on March 26, 2009.  Superintendent Viens stated that we have not heard from Clean Power since they requested the information.  

It was also noted that there is information about the Berlin Water Works on the City Website berlin.nh.gov.  Superintendent Viens stated that the present rates are listed on the site as well as meeting minutes, agendas, water quality reports and news releases.  Chairperson Fournier asked who manages the site; he was told that Berlin Water Works submits information to Sue Tremblay, City Manager’s Administrative Assistant or Debra Patrick, City Clerk.  Superintendent Viens stated that we could post the new linear assessment rates and the old block assessment rates could be listed to show the difference.

It was moved by Commissioner Langlois, seconded by Commissioner Delisle, with all in favor, to enter into the non-public session under RSA 91-A:3II (a) Personnel – Wages and – Grievance and RSA 91-A:2I(b-c) – Collective bargaining and consultation with legal counsel.  By roll call vote, with all members voting in favor, the Board entered into the non-public session at 8:45 PM.  At about (9:35 PM by unanimous roll call vote, it was moved by Commissioner Poulin, seconded by Commissioner Langlois, with all in favor that the Board returns to their regular public meeting.

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

           The meeting did so adjourn at 9:37 PM.

           A True Record:             ATTEST:__________________
                                                Paul Poulin, Clerk of the Board