TOWN OF FARMINGTON
BOARD OF SELECTMEN
PUBLIC MEETING MINUTES
Monday, February 22, 2010
356 Main Street, Farmington, NH
Selectmen Present: Chairman Paula Proulx, Gerry McCarthy, Charlie King, Gail Ellis and Joan Funk
Town Staff Present: Town Administrator Tony Mincu, Director of Public Works Joel Moulton and Water/Wastewater Superintendent Dale Sprague.
Public Present: Ann Titus and Ed Leonard of Wright-Pierce
Chairman Paula Proulx opened the meeting at 6:08pm.
1. Public Comment:
Ann Titus presented the Board with a donation for the Hay Day fireworks fund and encouraged all other residents to do so noting it is an important community event that brings people together.
2. Public Hearing for Rescinding the Special Revenue Fund (SRF) for the Landfill Closure:
Paula opened the public hearing at 6:10pm and explained that the Town will have to close the landfill by the end of 2010 and create a transfer station. The current SRF is restrictive in that the funds are allocated solely towards closure. The Selectmen would like to amend the name and purpose of this fund to include the construction of a transfer/recycling center and a warrant article would be needed to do so. Paula further explained that this public hearing was posted to rescind the SRF but the Board has learned that it would be better to amend the SRF name and purpose rather than rescind it. There was no public comment so Paula closed the public hearing at 6:18pm.
Joan Funk motioned to not rescind the SRF for the Landfill but to put forth Article 12 as written to amend the name and purpose of the SRF to include the construction of a transfer/recycling center, 2nd Gail Ellis. Motion carried with all in favor.
3. Application to the Conservation Commission:
Gerry McCarthy motioned to appoint Randy Orvis to the Conservation Commission as a regular member for a three year term, 2nd Charlie King. Motion carried with all in favor.
4. Discussion with Wright-Pierce:
A. Update on Phase 1 – Ed Leonard of Wright-Pierce explained that Phase 1 (Effluent Disposal Upgrade) is under construction and 62% complete time wise though the contractor, SUR Construction, is currently under winter shut down. Their intent is to commence blasting on March 2 and they are anticipating an on-time completion.
B. Change Orders – Ed explained there were a few change orders.
1. As previously discussed Dale had requested variable frequency drives for the effluent pump station and Wright-Pierce has specified the Allen Bradley Powerflex 700 at $10,536. SUR Construction proposed the Allen Bradley Powerflex 40 at $6,090.00. Ed explained that he went back to SUR and told them the 40 is not what was proposed. It was then asked if the 40 drive is adequate for the job and Ed replied the features and functions are the same but the horsepower is different and the 700 would provide a commonality among the drives. Gerry asked if there is something in the middle that would suit our needs and Ed explained there is a Powerflex 70 but he is still awaiting the pricing for those units.
Gail commented that there have been a lot of change orders and questioned if when the change orders are added up will SUR still be the lowest bidder. Ed agreed there has been quite a few change orders but most have been elective and specifically this change order for the drivers is a result of moving an item from Phase 2 to Phase 1 to take advantage of the ARRA funding. Paula commented she is concerned that if these VFDs (Variable Frequency Drives) are put through without bidding in order to capture the ARRA funds it could have the potential to be more costly.
Charlie asked if the Powerflex 70 drivers were used could they be standardized for the remainder of the plant. Ed replied no, the other drivers in Phase 2 require 60HP so there would not be a commonality with the 700 and Ed explained they could connect all the drivers to a common computer system for monitoring plus there would be training on one type of drive versus many. Gerry suggested using the 70s on all but the three that will require the 700 and the Board agreed this was probably the best plan. Gail then requested a spec. sheet for the 70 and 700.
2. Dale asked for the price differential for synchronous drives in lieu of the standard v-belt drives based on the improved efficiency they would offer. SUR quoted the cost differential as $262.50. Charlie King motioned to approve the change order for $262.50 for synchronous drives for three pumps in the effluent pump station, 2nd Gerry McCarthy. Motion carried with all in favor.
3. A change order for grading modifications was requested by SUR. After analyzing the contour lines on the west side of the RIBs, SUR determined there was additional work above and beyond the original contract agreement. The total increase in excavation was 865CY for $2,067.35. Ed commented that there is reasonable justification for this request because if they had asked the question during the bid process Wright-Pierce would have adjusted the contour lines then and the price would have been increased during the bid process. Paula commented that SUR did not have the authority to go beyond the specifications of the project without prior approval. Ed replied they asked the question and we gave them an
answer but they did not inform Wright-Pierce that there would be a cost impact. Charlie commented he does not feel SUR followed procedure and the Town should not bare the burden of the cost. Gerry added that in this case he would not be opposed to paying the change order but he would let them know that it won’t happen again especially since the change order is over the $2000 change order limit. Joan agreed with Gerry.
Charlie King motioned to have Wright-Pierce go back to SUR Construction and explain the situation to see what can be done and if the Board needs to reconsider the change order then Wright-Pierce can bring it back to the Board, 2nd Gail Ellis. Motion carried.
4. Ed explained the next change order is for the RIB Finished Surface Treatment. The material on-site has a significant amount of rocks greater than 1” size. Dale added that this is a variable site and he is concerned if significant rocks are left then the rejuvenation of the beds will be much more time consuming and difficult and by removing the rocks it will lower the O & M costs. Three options were presented with quotes that are inclusive for work to all three beds and are the worst case scenario because the work might not be needed for all three beds.
Charlie stated he is concerned with saying yes to this change order because all the work will be completed even if it is not needed in the area if approved prior to. Paula asked if the Board can wait to make a decision until construction and if sand is needed then it can be provided by Joel Moulton. Ed replied that if the Town has 1800 yards of sand readily available then that will not be a problem. Paula checked with Joel and that amount of sand is available and therefore the need should be coordinated with Joel when it arises. The Board agreed to dig out the RIBs per the print and if an issue arises then the Board will be available to look at it at that time.
5. Two more change order were presented. One for a unit price item for the Earth Excavation and Replacement Backfill for the large “silt pocket” in one area under the edge of the RIB-2. This area had a slightly higher area than the estimate of 11750CY with a final quantity of 1955CY. The total cost of this change order is $1,187.50. The second change order is for a unit price item for the Ledge Excavation and Replacement Backfill for the very large rocks found in RIB-3. The original estimate was for 200CY and the current projected quantity is 550CY. The projected costs is $9,360.00.
Charlie King motioned to approve both unit price change orders for the silt pocket and ongoing ledge removal. Motion withdrawn because Ed said these are on-going change orders.
6. Ed informed the Board that there is a change order request for additional work to meet items being moved from Phase 2 and the bid came in at $692,540.83. Gerry asked if SUR put these items out to bid and Ed replied that he did not think so because APEX is on their team for the project. The Board discussed that they would like SUR to put these items out to bid. Ed stated that he is concerned that going through the bid process at this time would be too time consuming and he would suggest asking SUR to seek other prices and if the Board is not happy with the numbers then the project will have to be moved back into Phase 2.
C. Phase II Update – Ed explained the 50% drawings were submitted to DES and Rural Development but they are still awaiting comments. The geotechnical borings have been completed and some poor soils were identified. The bids were received for the Sequencing Batch Reactors and they will be forwarded to the Town soon. The permitting is ongoing and the 90% drawings and specifications submittal is scheduled for late March 2010 and the 100% bidding document is scheduled for May 2010.
D. Phase 3 – Collection System – Ed informed the Board that Rural Development agreed with the recommended “Next Steps” for Phase 3. The next step is to complete the additional CCTV inspection and building inspections. They are also reviewing the Stormwater Drainage Study Report to see what work can be included to capture the most grant funding. Dale explained that he would like to bring in part-time help from Labor Ready to go with one of his workers to complete the CCTV inspections. Paula asked if the work can be done in-house and Dale explained it would go faster if he had the extra labor. Paula asked if the work is time sensitive and Ed replied by getting the inspections done sooner the Town would be able to take advantage of grant
funding. The Board agreed to authorize Dale to get pricing for the CCTV inspections and building inspections and bring a real number back to the Board.
E. Funding – Gerry asked if the $780,000 for the future RIB work can be removed from the project cost now that the letter from the EPA came in giving permission to use the river for peak flows. Ed replied that he would not suggest removing the cost just yet because peak flows to the river doesn’t mean you will never need the RIB.
5. Department of Public Works:
A. Chipper – Joel explained he would like to purchase a used 2000 Vermeer 1230 12” Brush Chipper and he was able to negotiate the price down an additional $200 to make the cost $8,800. Gerry McCarthy motioned to authorize the purchase of the 2000 Vermeer 12” Brush Chipper for $8,800, 2nd Charlie King. Discussion followed is which it was discussed that Joel has been renting this machine for several seasons at $3000/year. Motion carried with all in favor.
B. Soil Purchase for Landfill – Joel called around for quotes for the soil and then checked the lab results to make sure they passed the permeability tests. Joan asked if the materials went out to bid and Joel said no, not officially because there is a limited amount of providers available because of the permeability. Joan said she feels the bid process needs to be followed. Joel will post a RFP.
C. Discussion Regarding C & D Recyclables – Joel reminded the Board he requested to have 100% of the C & D revenue put into the closure/construction fund. The approximate additional revenue that could be captured in the account as a result is $40-$50,000. Paula explained that the original intent was to put 100% of the C & D towards the fund but for whatever reasons this didn’t get done and the funds have been going into the general fund. Joel added that the Board previously motioned for this to happen and Gail asked for copies of the Board minutes were this was recorded. Joel will forward the minutes and the Board will reconvene on this matter at the next meeting.
D. NH The Beautiful Grant – Joel explained this is a 50/50 grant for recycling equipment and he would like to put in to purchase a 4 yard stationary compactor Marathon Model R-450 with guide, 208 V Oil Heater and 2 door doghouse enclosure for $17,700. Charlie King motioned to authorize the signing of the NH The Beautiful Grant application to purchase a 4 yard stationary compactor at $17,700, 2nd Gail Ellis. Motion carried with all in favor.
E. Bay Road Bridge Bid Award – Joel informed the Board that the proposals were received and reviewed by himself and JACOBS Engineering and they would recommend awarding the bid to GW Brooks of Freedom, NH for $256,755. Charlie asked if JACOBS has worked with this bidder before and Joel said no, but all the references have been checked and they are confident with their qualifications. Gerry McCarthy motioned to award the bid for the Bay Road Bridge project to GW Brooks for $256,755 contingent upon the warrant article being approved at Town Meeting on March 10, 2010, 2nd Charlie King. Motion carried with all in favor.
F. Landfill Baler – Joel explained that he would like to evenly exchange/swap the horizontal baler (presently staged at the landfill) for a stationary compactor or receiving boxes. He would prefer to exchange it for two 4 yard octagon receiver boxes contingent upon them being in good shape. Gerry McCarthy motioned to trade the landfill horizontal compactor for 2 four yard receiver boxes as plan A and as a plan B for a refurbished mid 90’s Marathon 4 yard stationary compactor with a 15HP with hopper, 2nd Gail Ellis. Motion carried with all in favor.
G. Update on the Landfill Closure – Joel stated that he received confirmation that CMA Engineers’ cost estimate for the project is accurate and in line with current pricing.
H. Review of Letter to Residents – The Board reviewed the draft letter to the residents regarding the tree maintenance along the levee. Gail suggested changing the wording to read the buildings “need” to be removed and Joel will make that change and then forward.
I. Joel informed the Board there will be a CO-OP meeting on March 16, 2010 and that they are hoping to break ground for the facility in April 2010 and be operational within a year.
J. Joel stated he would like to purchase used teeth for the $1500 for the bucket he just purchased; noting this purchase will prolong the life of the bucket. The Board agreed this would be okay.
K. Joel explained the school approached him to see if they could dispose of some televisions and monitors at the landfill at no cost. Joan commented that the school used to have a company that came in for free and removed these items. Charlie said he would like to know the quantity of what they would like to dispose. Joel will seek more information on both of these items.
L. The Board signed the registration form for free roadside clean-up bags.
M. Joel informed the Board that he has a party interested in the ladder truck and the Board gave him the okay to pursue the party but to include Rich Fowler. Also, Gerry asked for an update on the pumper truck and Joel said he verified Rich’s work order list and the truck is ready to go. Charlie asked for copies of the work orders and the list.
6. Red Cross Month Proclammation:
The American Red Cross requested March 2010 be designated American Red Cross Month. Paula Proulx motioned to proclaim March 2010 as American Red Cross Month, 2nd Charlie King. Motion carried with all in favor.
At 9:33pm, Joan Funk motioned for a short recess, 2nd Charlie King. Motion carried with all in favor.
Joan Funk excused herself from the remainder of the meeting.
At 9:38pm the Board reconvened.
7. Finalize and Sign Warrants:
A. Article 11 was corrected as a result of receiving the bid proposals.
B. Article 12 was changed to read it is an amendment as discussed earlier in lieu of rescinding.
C. Article 13 was changed and needs to be amended again to add “transfer station” and correct it to read it will be null and void if Article “12” fails.
D. Article 14 was changed as discussed at the last meeting. Gail asked if the expenditures should be approved by the Board and Tony explained that DRA said the warrant should be worded this way according to the RSA.
E. Article 18 is in regards to the Ethics Ordinance Tony drafted. Charlie asked if Section III should be titled “Disclosure/Recusal” and the Board agreed this would be a good change. Charlie then asked if the warrant passes and a board/committee member does not follow it; how will it be addressed. Tony said the Board of Selectmen would have to call that person in and the vote would probably not be valid.
F. Charlie King motioned to accept the warrant articles as amended, 2nd Gail Ellis. Motion carried with all in favor.
8. Final Tax Impact Sheet:
The Board’s budget made the tax rate $6.51 but with the recent budget committee recommendations for cuts the projected tax rate is now at $6.45.
9. Other/Updates:
A. The Board reviewed the letter Tony drafted to NHDOT in regards to the safety concerns on Rte. 11 and the Board agreed it was good and okay to forward.
B. Paula informed the Board that Scott Roberge was supposed to be present for tonight’s meeting but in lieu of his presence she told him he could provide a list of all the PD vehicles, year, mileage and if there were cameras installed but he did not do so. Tony said Scott called him this afternoon and told him the information was in the budget portfolio he put together earlier. Paula replied it was unacceptable for this information to not be furnished in the Board’s boxes as promised and negotiated. Charlie agreed and noted a meeting needs to be scheduled with Scott.
C. The next Selectmen meeting is scheduled for March 1, 2010.
D. Charlie King motioned to approve the farmer’s market sponsored by Cardinals’ Farmhouse Sampler on Saturdays from June to October, 2nd Gerry McCarthy. Motion carried with all in favor.
E. Paula informed the Board that Robert Moriarty resigned from the Rochester District VNA Board so they are looking for a new volunteer from town.
F. Charlie King motioned to refund $450.90 to Mr. Stewart regarding an incorrect assessment of timber cut fees, 2nd Gerry McCarthy. Motion carried with all in favor.
At 10:18pm, Gail Ellis motioned to go in non-public session under RSA91A.3.II (a), and (c), 2nd Charlie King. Roll Call – Paula Proulx (yes), Gail Ellis (yes), Gerry McCarthy (yes) and Charlie King (yes).
Gail Ellis motioned to adjourn, 2nd Charlie King. Motion carried.
Meeting adjourned at 11:02pm.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
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Chairman, Paula Proulx Vice-Chairman, Gail Ellis
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Gerry McCarthy Charlie King
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Joan A. Funk
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