TOWN OF FARMINGTON
BOARD OF SELECTMEN
PUBLIC MEETING MINUTES
Monday, March 15, 2010
356 Main Street, Farmington, NH
Selectmen Present: Chairman Paula Proulx, Gerry McCarthy, Gail Ellis, Charlie King and Joan Funk
Town Staff Present: Water/Wastewater Superintendent Dale Sprague and Public Works Director Joel Moulton
Public Present:Doug Castonguay, Charlie Doke and Ed Leonard
Chairman Paula Proulx opened the meeting.
1. Discussion with Wright-Pierce:
Ed Leonard of Wright -Pierce informed the Board that he updated the Board packets from two weeks ago and tonight he would like to discuss follow-up items from the last meeting. The first item is a change order for the grading modifications to RFI - 6 with the cost proposal that was submitted after the fact. He reminded the Board that they asked hime to go back and talk to SUR Construction to see if they would be willing to drop it. They said they did feel it was a legitimate change but they agreed they submitted it after that the fact and are willing to let it go.
The second change order is for unit price for screen stone at $27.00 a cubic yard and it is a projected value that could come in at less. Charlie asked if it is a cost in place price and Ed replied yes.
The third and fourth change orders go together. The third is for projected overrun on common borrow because part of the site is low lying and they are going to be raising the groundwater in that area so they are in turn going to raise the low lying area with materials that they get from the top of the site. For three reasons they underestimated the amount of materials that would be needed; 1. 30,000 cubic yards were cut from the hill but 32,000 cubic yards are needed, 2. extra unsuitable materials were found than previously estimated and 3. they added a part of the area in the addendum. As a result of the deficit of materials the Town has two options; purchase the materials needed or use the existing town site material that is on an adjacent hill. Charlie asked how utilizing the town material
will affect the unit price and Ed replied as long as the excavation is as easy as it appears then the cost would be less than one half the unit price.
The fourth change order is for the finished surface treatment. Ed reminded the Board that they previously discussed the possibility of using sand from the Town pit and he talked to Joel and got a unit price from SUR for comparison, either option is viable and the Board can also opt to screen materials on site or wait until the exact amount of material is known. Ed explained he also spoke with NHDES (New Hampshire Department of Environmental Services) and they said if the Board feels it is warranted and reasonable then they would support this change order. He then added that the reason why change order 3 and 4 are related is that some of the material excavated from the RIB (rapid infiltration basin) could possibly be used to raise the low lying area discussed in #3. The Board was in
agreement that Option 1B, using the existing on-site material with screening on-site and moving materials as required at the approximate cost of $20,000 would be the best approach.
Charlie King motioned to approve the change order for screening and finish grading of the beds and moving of borrow materials as required based upon Option 1B for $20,263, 2nd Gerry McCarthy. Discussion followed in which Gail asked Ed if he could find out if there is going to be an additional cost to move the materials as needed. Ed replied that he would ask SUR Construction. Joan Funk offered the friendly amendment to have the motion be contingent upon there being no additional mobilization cost and if there is then it will come back to the Board for further discussion prior to. Charlie King accepted the amendment as well as Gerry McCarthy. Motion carried with all in favor.
Ed explained that there is a bigger difference in the costs of the A and B columns in the paperwork he provided tonight due to the screening but both options will result in the same outcome on the finished surface of the RIBs. He then added that if there is a mobilization cost for Option 1B then what the Board decides to do with the materials might change the process.
Ed then reviewed the 5th Change Order request with the Board reminding them that this is to move the scope of work from Phase 2 to take advantage of the ARRA funding. At the last meeting the Board requested information on the bid process that SUR Construction used and the implications with NHDES for moving ahead with the part of the project or not. He did speak with SUR Construction and asked them to solicit pricing for the project. SUR Construction solicited prices from multiple sub-contractors. Wright-Pierce was also able to adjust the specifications provisions which reduced the cost by almost $34,000; this was possible by eliminating an inspection before the screen is put back together and by adjusting the screen size. Ed stated that he also spoke with NHDES and they replied that they
don't usually do this and they are willing to let it go forward but if the Board would like to send this work out to bid at this time then it would have to go back in Phase 2 and not utilize the ARRA funds.
Charlie asked if the Town is mandated to accept the mark-ups or can the Board deny them due to the lack of competitive pricing. Ed replied that the mark-ups are consistent and are less in comparison to what NHDES allows and the Board can ask and suggest that the contractor reduce or eliminate the mark-ups. Charlie stated it is at no fault to the contractor but normally the project would have been competitively bid so there might be something that they can do. Ed replied that the only true mark-up is on the SUR Construction cost for the management of the sub-contractors at $28,000. Charlie replied that there is about $70,000 in mark-ups; Apex total mark-up is $47,000, EnviroVantage has $2,400, SUR has $2,400 and SUR has another $28,000 in mark-ups for sub-contractor management.
Paula asked if the contractors are able to cut the cost of the mark-ups are there other items from Phase 2 that could potentially move from Phase 1. Ed replied that he is not sure how NHDES will react to more items being moved but there are certainly some other small items that could be moved into Phase 1.
Charlie King motioned to have Ed Leonard of Wright-Pierce go back to the contractors and have a discussion with them regarding mark-ups and see if they could do a better job based on the fact there was no competitive bidding, 2nd Gail Ellis. Discussion followed in which Paula asked if the Board is agreeable to wait only one week for an answer and then moving forward one way or another. Motion carried with Joan Funk opposed.
The Board discussed posting a meeting for Wednesday, March 17 at 5:30pm to meet with Wright-Pierce if the information is available.
3. Public Comment:
Doug Castonguay, resident of 613 Ten Rod Road, informed the Board that he needs a new culvert and would like to know if the Town will replace it. Charlie commented that the amount of water running down this area is tremendous and when the road was redone a 24” culvert was installed and in his opinion this area has been an issue for several years with the Town doing repairs to the road four to six times a year. Mr. Castonguay added that because of the updates to the road and new construction in the area the water is affecting his land. He asked the Board to look at the cost of replacing his culvert in comparison to the road repairs that has been done within just the past three months. He then noted that his property pin is four feet from the culvert and the culvert is within the
right-of-way. The Board explained that they would like to discuss this matter with the Road Agent and will get back to him as soon as possible. Joan then acknowledged that another resident approached her during Town Meeting with a similar problem but she forgot their name so she would encourage them to contact her again or Tony.
At 7:48pm, Gail Ellis motioned for a short recess, 2nd Charlie King. Motion carried with all in favor.
At 7:59pm, The Board reconvened.
4. Discussion on Assessor Group Authorization:
Paula explained that the Assessor is asking for permission to sit on cases and make a decision for the Town without consulting the Board. In previous years the judge has questioned why the assessor did not have the authority to negotiate. Joan commented that the Board always used to give the Assessor this authorization up until last year. The Board decided that they would like Dave Willey (assessor) to come to a meeting to clarify exactly what his authority would be with the contract and this meeting should be at no cost to the Town.
5. Review of Minutes:
A. Joan Funk motioned to accept the public minutes of 1-25-10 as amended, 2nd Charlie King. Motion carried with all in favor.
B. Joan Funk motioned to accept the non-pubic minutes of 1-25-10 as amended, 2nd Charlie King. Motion carried with all in favor.
C. Joan Funk motioned to accept the public minutes of 2-1-10 as amended, 2nd Charlie King. Motion carried with all in favor.
D. Joan Funk motioned to accept the public minutes of 3-1-10 as written, 2nd Charlie King. Motion carried with all in favor.
E. Joan Funk motioned to accept the non-public minutes of 3-8-10, 2nd Charlie King. Motion withdrawn.
Joan Funk motioned to table the non-public minutes of 3-8-10 until the non-public session tonight, 2nd Gerry McCarthy. Motion carried with all in favor.
5. Reappointment to the Planning Board:
Joan Funk motioned to reappoint Glen Demers to the Planning Board as a regular member or alternate depending on what seat is available, 2nd Charlie King. Discussion followed in which Charlie asked if there are other applications before the Board tonight for the Planning Board because he knows there are other seats up for re-appointment. Paula replied no, she didn’t have any others. Gail commented that Mr. Demers submitted an application where as the others have not and therefore he should be seated in the regular member seat if the Board feels he continue to be an asset to the Planning Board. Paula asked if all the seats are full and Charlie said yes and it is up to each person to know when their seat is up though this was just
reviewed during a meeting. Gerry suggested the Board wait until the next regular Selectmen meeting before taking action on Mr. Demers application because the policy says that appointments will be made at the first regularly scheduled Selectmen meeting after Town Meeting and this is an additional meeting. The Board agreed to wait on this decision until next Monday. Motion withdrawn.
6. Other Business to Come Before the Board:
A. Paula informed the Board that Bonnie asked if a decision was ever made on the timber cut reimbursement and it was noted that in the 2-22-10 public minutes Charlie motioned to reimburse the timber fees to that particular person and the motion passed.
B. Gerry commented that the roads are posted now and there have been a lot of vehicles going up Charles Street who are over 8 tons. The Board agreed that Tony should contact the Chief of Police and have his department pay more attention to the posting particularly in this section. Gerry McCarthy motioned to request the Chief of Police to have his department enforce the weight limits posted on the road particularly on Charles Street from Central Street to Webster Street, 2nd Paula Proulx. Discussion followed in which the Board would like Tony to send a letter to the Chief on Tuesday in regards to this request and if Tony is out then Megan should draft the letter. Motion carried with all in favor.
C. Paula reported that there is a leak at the CAP office on the Town Hall side and they informed Keith. The Board agreed that Tony should follow up on this.
D. Charlie commented that he would like Joel to review the situation discussed in the most recent letter from a resident on Water Street and make recommendations to the Board thereafter. Gerry commented that this is not a new issue and that the Town has been making strides to correct the situation with the Storm Water Drainage Study. The Board was in agreement to have Joel review.
At 8:46pm, Gail Ellis motioned to go in non-public session under RSA 91A.3.II (c), 2nd Joan Funk. Roll Call – Paula Proulx (yes), Joan Funk (yes), Gerry McCarthy (yes), Charlie King (yes) and Gail Ellis (yes).
Joan Funk motioned to adjourn, 2nd Gail Ellis. Motion carried.
Meeting adjourned at 9:32pm.
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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