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Selectmen Minutes 04/05/10
TOWN OF FARMINGTON
BOARD OF SELECTMEN
PUBLIC MEETING MINUTES
Monday, April 5, 2010
356 Main Street, Farmington, NH

Selectmen Present:      Chairman Paula Proulx, Gerry McCarthy, Gail Ellis, and Charlie King.

Selectmen Excused:      Joan Funk

Town Staff Present:     Town Administrator Tony Mincu, Water/ Wastewater Superintendant Dale Sprague and Public Works Director Joel Moulton.

Chairman Paula Proulx opened the public meeting at 6:00pm.

  • Public Comment:
  • Rich Stanley, resident of Water Street, explained that he is present tonight after watching the Selectmen’s meeting last week when the Board discussed the drainage issue he is having on his lot.  He stated he was not impressed by the comments of some of the Board members that “the water is not that bad” and “it is Water Street.”  The water situation in his backyard is horrible because of the failed drainage system.  All the town’s drainage is draining into his backyard and they are not sure what is in the water, though he is hoping it is not contaminated.  
Charlie replied that he did view the pictures and visit the site and saw there was a reasonable amount of water though we did just have a substantial rain event.  Since then the Board has had a discussion with Joel Moulton and he has been instructed to review the problem and try to come up with some resolutions to fix the problem.  The issue is also compounded because of the proximity of the levee which requires the Army Corps of Engineers approval to do anything.  Gerry then added that the water in the area has always been an issue and the Town just spent a lot of money completing a drainage study so we would know how best to approach the town-wide drainage issues we have.  Rich agreed that there is a drainage problem town wide and he understands the repairs take time but he is very concerned about the possible contaminants in the water.  Charlie then informed him that the study included replacing the entire Main Street drainage which is obviously a huge endeavor.  Paula added that they have been talking with Joel about solutions and his area is one of the first that needs to be fixed but it will take some time.  Rich stated that Joel has been great about keeping them informed and he appreciates the efforts.

  • Gerry questioned if there is anything the Town can do about the loud motorcycles.  Charlie commented that he was just speaking with a friend who couldn’t register his motorcycle because it was too loud so it seems like the state is cracking down on the loud pipes.
  • Review of Minutes
Gail Ellis motioned to table the minutes until later in the meeting, 2nd Charlie King.  Discussion followed in which Paula stated it would be easier to review the minutes when the recording secretary is present later in the meeting.  Motion carried.

  • Discussion with Wright-Pierce:
  • Ed Leonard explained that Aqua-Aerobic Systems came back with an estimate list of items and some of the items are ones that they would not agree with.  The Aqua response dated March 30th came back with an $81,795 reduction though Wright-Pierce did request one addition that was inadvertently left out for $5,147.  And the last item was a $9000 credit for no change in scope.  They had incorrectly priced the service as an aftermarket service in lieu of a pre-bought service and this revised service showed a credit of $8,758.
Ed then explained each item that Aqua looked at in the reduction.  Wright-Pierce recommends going with the Aqua standard valves and their standard actuators with all three phase power.  Charlie asked what the reason for a three phase actuator is when it is not the standard and Ed replied that over a certain diameter (usually 6 inches) Wright-Pierce requires standard three phase power.  Charlie followed up by asking how common this is and if a three phase actuator will be easily found years from now when need a replacement and Ed replied it is very common, they usually require the three phase because the larger valve has more torque and will last longer.  Ed stated that single and three phase is acceptable but their standard is three phase due to the size of the valves.

The next proposed change was in regards to blowers.  An enclosed 60 HP blower was suggested because it has a 22 decibel reduction.  Charlie commented that an enclosed blower is more costly because of maintenance issues and they are in a room that is only accessed a couple times a day to access readings.  Paula asked what else is planned for this same room and Ed replied just the valves that we just discussed.  Paula asked if the noise associated with the blower is a nuisance noise when you enter the room or is it a noise that projects outside the room.  Ed replied the noise is a pulsating background noise that is noticeable and you would want ear protection when entering the room.  Charlie then pointed out that the maintenance is difficult and more extensive with an enclosure because the blower is not readily available.  Ed will look into costs for a decibel reduction of the space.

Ed stated that the contractor submitted some different numbers for testing and submittals.  They have proposed a credit for certified testing of the pump and it is debatable on whether you do certified testing for pumps that small and it certainly makes sense to take a credit for this.  They proposed eliminating certified bearing life calculations which is also reasonable and they suggested eliminating the seismic calculations which is an International Building Code requirement and Ed is still awaiting an answer as to whether or not this can be waived or not.  

Ed stated the next item is controls and he tried to figure out if the cost is related to the size of the uninterruptable power supply system because typically you put out a uninterruptable power control on the controller and the instruments so that you don’t get alarms or memory when power is lost.  The size apparently was cost related, the cost was related to surge suppression and the size of the panel view.  He asked them to price out the difference between a smaller, but current version of  the panel view and the must have list of surge protection and they came back and said they are going to back to their original scope and reducing the cost by $9000 at their discretion.  So he would recommend that the Town accept that.

The next issue was that they had quoted a certain number of days based on the scope and Wright-Pierce included a few extra days because it is a new plant for Dale and his crew.  They came back and said they typically do 12 days and three visits for a credit of $10,758 and Ed said this was a little bit light because they always have a one year visit, so he asked them to re-price it when they came back with the after-market service price.  They came back with a credit of $8,758 for 14 days and four trips.

Ed stated Wright-Pierce also requested the price to remove one of the two flow meters though having a second flow meter allows for the operators to know how much sludge is coming from each tank separately versus the combination and their  judgment was for the amount of money it is preferable to have two flow meters.  Wright-Pierce and Dale would both suggest not eliminating the second flow meter.  

Last change order is to add some spare parts on the decanter, which is a limit switch and a small actuator on the decanter.  These spare parts are recommended but not required.  Charlie asked which is the higher cost item and Ed replied he did not ask but he would assume it would be the actuator.  Charlie then stated that he had a bigger list of spare parts; he then asked if the blowers are 60HP and how they are driven.  Ed replied yes they are 60HP and they are sychronis belt.  Charlie followed up by saying that in his opinion there should be spare belts, fluids and filter for all the equipment.  Ed replied that Wright-Pierce did specify other spare parts in the original but these two items were a secondary thought.

After reviewing all the changes, Charlie said he would only not be in favor of the enclosed blowers.  Paula asked if this would bring the cost back to $646,023 and Ed said yes.

Charlie King motioned to approve Aqua-Aerobic System as the company of record for the allowance item of $646,023 for the stated scope, 2nd Gerry McCarthy.  Motion carried with all in favor.

        B. Ed explained that typically the building fees are waived so that the Town’s are      not paying themselves.  Gerry McCarthy motioned to waive the building permit    fees for the wastewater treatment plant, 2nd Charlie King.  Discussion followed         that this only waives the fees and not the actual permits.  Motion carried with all
in favor.

  • Ed explained that the National Electric Code has a new provision called Critical Operations Power System (COPS) to protect facilities against human and natural events.   The site is fenced, above the 100 year flood plain, there is standby power, protection against physical damage and more, so it seems the big difference is the robustness in the standby power, documentation and long term testing and maintenance and some extra work to the conduits.  Gerry asked if the generator we have will power the plant and Ed replied no, it is too small at 155watts where the new plant would require a 350watts.  Ed then added that the only other significant difference between what they designed and the new code is the fuel storage though this shouldn’t be an issue because the Town has fuel supply nearby.  Ed then stated that he doesn’t believe the Town needs to follow this new code because it is a wastewater facility and the State Chief Electrician agreed with this opinion and the system is sufficient as proposed.  Paula stated that we might just want to make sure Rich Fowler as the Emergency Management Operations Manager, knows what is needed to run the facility in the event power is out for multiple days.  Charlie suggested that we should also probably make sure the fuel tanks have enough in reserve at all times to run the plant also.  Ed explained the Board would decide on their own if they feel the facility should be a COPS facility.  Charlie King motioned to determine that the wastewater facility not be designated as a critical operation facility, 2nd Gerry McCarthy.  Motion carried with all in favor.
  • Water/Wastewater Department:
  • Union Street Water Main Bids:
Dale explained he received five competitive bids.  Bids are as follows;

        Vellano Brothers, Inc                   $5,657.80
        Concord Winwater                        $5,791.61
        Pipe Connection                 $5,938.36
        Ferguson                                $5,940.29
        Everett J. Prescott                     $6,413.44

Dale reminded the Board that this item is not part of his budget and that historically this has come from the water capital reserve fund.  Gerry asked where the connection is going to be and Dale replied it is half way between Union and Church Streets and ties into Spring Street.  Charlie King motioned to go with Vellano Brothers Inc. for a bid price of $5,657.80 for the work regarding the Union Street water main with the funds to come out of the water capital reserve fund, 2nd Gail Ellis.  Motion carried with all in favor.

  • CCTV for Sewer Main Bids:
Dale solicited bids, as well as, posted the bid specifications but only received the following bids;
        Hartigan Company                $0.72/linear ft         
        Ted Berry Company               $0.93/linear ft

Charlie asked where the funds will be coming out of and Dale replied he is not sure but it has been approved by Rural Development as the I/I work.  Paula asked if the attachment “c” was written into the proposal and Dale replied that he did not request it but they added it because they were not familiar with our system.  But Dale told them he did not expect a problem but if in the rare instance there is a blocked line they will stop the CCTV and the Town will clean the main.  Gail asked if the Town would be reimbursed for our time in this project through Rural Development and Ed Leonard replied he is not sure and could ask the question, but it does get a little sticky.  Charlie asked how many hours would the Town be putting in and Dale replied at the most it would be a total of 8 hours for him.  Charlie King moved to approve Hartigan Company from Vermont, as the low bidder, at $0.72 per linear foot for the camera work for the sewer mains to be paid for out of the Rural Development funds, 2nd Gail Ellis.  Motion carried with all in favor.

  • Fence Bids:
Dale explained this is the grant the he applied for and was awarded and he requested bids and got the following ones;
        GC – AAA Fences, Inc.           $14,950.00
        Four Season Fence                       $19,100.00
        B.I.F. Fence                            $22,214.95
        125 Fence                               $23,399.65
        American Fences, Inc.                   $30,400.00


The bids were for purchasing and installing approximately 600 linear feet of 8ft. high chain link fence with (3) 14 foot drive gates to surround wells 4, 5 and 6.
Gail Ellis motioned to go with the low bidder for fence installation at $14,950 with the fund coming from the NH Department Environmental Services (DES) grant, 2nd Gerry McCarthy.  Motion carried with all in favor.

At 7:28pm, Charlie King motioned for a recess, 2nd Gerry McCarthy.  Motion carried with all in favor.

The Board reconvened at 7:33pm.

5. Public Works Department:
A. Request for 4 day work week – Joel explained that he would like the Board to approve the four day work week again this year because it has been very productive in past years and also thought maybe the Board might want to make it policy.  Charlie asked if the Joel is planning to stagger the employees so that work can be done all week regardless of the weather and Joel replied that he has enough work to keep his men busy regardless of the weather.  Gerry commented that he has no problem approving the four day work week but he does not want to make it a policy.  Gerry McCarthy motioned to allow a four day work week for the public works department with the stipulation that there be three employees on call on the fifth day, 2nd Gail Ellis.  Motion carried with Charlie King opposed.  (Joel’s memo is attached)

B. Crushing Bids – Joel received the following bids for the 2010 crushing;

                                        Per/ton cost                    lump sum cost
K & B Rock Crushing                     $2.80/ton                       $50,400
FL Merrill Construction         $3.00/ton                       $56,000
Northeast Earth Mechanics               ------------                    $59,500

Charlie asked where the total amount to be crushed lies with the historical figures and Joel replied it is the same because he has about 1500-2000 yards at the landfill and on a normal year (without the landfill closure) the figure would be 20% less.  Charlie pointed out that the payment terms for the low bidder are not standard for the town and recommended that Joel contact them to make sure they are acceptable to our standard payment terms.  Charlie King motioned to approve K & B Rock Crushing of approximately 12,000 cubic yards at $2.80/ton contingent upon their acceptance of the Town standard payment terms in writing, 2nd Gail Ellis.  Motion carried with all in favor.

C. DOT SWAP figures – Joel reported that he put together the figures as the Board requested and found the cost to pave the state owned section of the road to be $238,000 and the cost to do the drainage update and paving of the ¼ mile on Charles Street to e $184,500.  Gail suggested the Board wait to continue this discussion until they get a written response from NH Department of Transportation (DOT).  Paula asked Joel to prioritize what he is proposing for road projects that are earmarked in the paving line in the meantime.  Joel will also put out an RFP for paving on a square yard basis.

D. Transfer Station Plan Update – Joel expressed that he is going to bid out the necessities such as the retaining walls, slabs and equipment with the caveat for items that would be above and beyond and then bring them back to the Board for consideration.

E. Bulk Oil Bids – Joel explained that he has enough synthetic oil to get through the year but that he did receive bids for the other products.  Charlie asked if the Board has the ability to pick and choose and Joel said no.  
The bids are as follows;
                                                15W-40          Tractor Hydraulic
Myra Oil Products                               $6.79/gal               $6.09/gal
Dennison Lubricants                             $7.20/gal               $5.74/gal
Berlin Oil Products                             $7.96/gal               $7.60/gal
Sanel Auto Parts                                $9.01/gal               $7.56/gal
Robbins Auto Parts                              $10.52/gal              $10.23/gal
NAPA Auto Parts                         $13.69/gal              $6.63/gal

Charlie suggested Joel request the items to bid be separately next year so that the Board can pick and choose and then if there is a volume discount then the supplier could list it.  He then asked if Joel was able to find a source for buying waste oil and Joel said no, not yet.  Gail Ellis motioned to go with Myra Oil Products for 15W-40 at $6.79/gal and tractor hydraulics at $6.09/gal, 2nd Gerry McCarthy.  Motion carried with all in favor.

F. Joel informed the Board that he has a meeting on Wednesday in regards to FEMA reimbursement for the wind storm.

G. Joel reported that the Army Corps of Engineers is coming out to look at the levee and there is a potential for funding to be coming in for the levee projects.

H. Joel stated he spoke with the Concord Co-op and they expect to send a contract out in the next few weeks to the Town and that there Board is recommending commencing construction with the towns that are signed up now.

I. Posted Road Enforcement – Joel informed the Board that a resident expressed a concern to him in regards to logging trucks being on posted roads.  Also, the particular logging truck in question came in to request permission to cross River Road and Joel told them they would need to hold a $5000 bond for road repairs.

J. Joel requested that the $900 that was stolen from his office be returned now that the case has been prosecuted.  Tony explained that the money is part of evidence and will only be released from the prosecutor’s office when the person completes their community service though he will check with them to get an approximate time line.

K. Levee Maintenance – Joel informed the Board that PSNH agreed to pay for the levee tree clearing that was in their right-of-way so the Town will save about $1100.

L. Drainage Issue – Joel stated that he did reply to the resident on Orange Street and has scheduled repairs but he can’t actually do them until the water recedes some.  Charlie asked about the status of the Ten Rod Road culvert and Joel replied that he has not spoken to the resident but it has held out during last week’s rain event.  Tony added that he is waiting for Kathy Seaver to get back to him in regards to the feasibility of attaching the cost to the resident’s taxes.

M. Charlie stated that the Board had two Intent to Cuts to sign but one said it was okayed by Joel and the other stated the current bond would be used.  Joel replied that they are both okay with him.  Paula asked if the bond will cover potential road damages and Joel said yes.  Charlie asked why the other Intent does not include a bond recommendation and Joel replied that they are driving on a gravel road after the posting is up.  Charlie followed up by asking if the bond is a requirement with the policy and Joel replied that it is the Board’s decision but he would recommend everyone have a bond.

6. Other:
A. Gerry asked if the Town ever replaced the representative to the VNA Board and Paula said no, the one person who was interested decided they could not make the commitment.

B. Authorization for Assessor to BTLA – Gail stated that she is against authorizing the assessor to make decisions for the Town and noted that she would like him to come in and discuss possible resolutions with the Board prior to making commitments.  Charlie noted that he too is against this because as elected officials the Board should be making those decisions and the reasons the assessor might want to settle an appeal might not be okay with the Board.  Gerry said he could be amendable to the authorization if the assessor could come up with a way to make sure the Board is well informed.  Charlie King motioned to not authorize the tax assessor to negotiate for the Town, 2nd Gail Ellis.  Motion carried with all in favor.

C. Discussion on Work Agenda – Paula asked the Board if they want to establish a workshop to work on the projects discussed last week like; comp time, new policies, job descriptions, etc.  Charlie noted that the pay scale also needs to be addressed because it was started and never completed.  Gail commented that the Board never received final copies of the vehicle and purchasing policies and Tony said he would make sure they were forwarded.  Charlie then asked Tony if he started looking at the health insurance policies and Tony replied that they are scheduled for a preliminary meeting on April 26, 2010.  The Board scheduled the first workshop for April 19th.

7. Review of Minutes:
A. Gail Ellis motioned to accept the public minutes of 3-8-10 as amended, 2nd Charlie King.  Motion carried with Charlie King abstaining.

B. Gail Ellis motioned to accept the public minutes of 3-15-10 as amended, 2nd Paula Proulx.  Motion carried with all in favor.

C. Gail Ellis motioned to accept the non-public minutes of 3-15-10 as amended, 2nd Gerry McCarthy.  Motion carried with all in favor.

D. Gail Ellis motioned to accept the public minutes of 3-17-10 as written, 2nd Gerry McCarthy.  Motion carried with all in favor.

E. Gail Ellis motioned to accept the non-public minutes of 3-17-10 as amended, 2nd Charlie King.  Motion carried with all in favor.

F. Gail Ellis motioned to accept the non-public minutes of 3-22-10 as amended, 2nd Paula Proulx.  Motion carried with all in favor.

G. Gail Ellis motioned to accept the public minutes of 3-31-10 as written, 2nd Paula Proulx.  Motion carried with all in favor.

H. Gail Ellis motioned to accept the non-public minutes of 3-31-10 as written, 2nd Paula Proulx.  Motion carried with all in favor.

8. Other:
Paula read a letter from a resident thanking the Fire Department for their assistance with the tremendous amount of water in her basement.  The resident noted they did an amazing job helping her out in a time of dire need.

At 8:53pm, Charlie King motioned to go in non-public session under RSA 91A.3.II. (c), 2nd Gail Ellis.  Roll call – Paula Proulx (yes), Charlie King (yes), Gail Ellis (yes) and Gerry McCarthy (yes).
The Board came back into public session.

At 9:34pm, Gail Ellis motioned to adjourn, 2nd Gerry McCarthy.  Motion carried with all in favor.

Respectfully Submitted,
Brandy Sanger
Recording Secretary



__________________________                      _________________________
Chairman, Paula Proulx                          Vice-Chairman, Gail Ellis


__________________________                      _________________________
Gerry McCarthy                                  Charlie King


__________________________
Joan A. Funk