Minutes Board of Water Commissioners March 15, 2011
Town Hall Conference Room, 6:30 p.m.
Those attending:
Board Members: Steve Gazzano, Jean Schaefer, Dan Wexman
Guests: Paul Millet of EPG, Mary Fisk taking minutes
STEVE GAZZANO called the meeting to order at 6:32 PM and, without objection took the agenda out of order, starting with Paul Millet and then moving on to the warrant articles.
PAUL MILLET presented a summary of the sidewalk paving project on Main Street. Steve Gazzano and he attended the Board of Selectmen’s meeting last Tuesday, where they received approval to proceed with Change Order 5 for contract one for the curbing and sidewalk work from School Street to Bank Street on both sides of the street with asphalt sidewalks at that location and then from Bank Street down to Holbrook a nice concrete sidewalk and granite curbing on the stores side of the street. The net change to the contract amount is approx. $167,000. For the record, the entire amount of work between Bank Street, School Street and Holbrook is $394,000 for the paving, the grinding of the existing paving and the curbing and sidewalks. Steve and he went over where they
money is coming from. We can do this with remaining money in contract just about, and that assumes that Mark Vincent from the DPW contributes $56,000 from his Chapter 90 funds.
The only wrinkle is that several easements will be required because the right of way is very narrow on Main St. There are seven easements required between Holbrook & School Street. There are three easements required at Abiyoyo and the two buildings next to Abiyoyo and there are two more easements required at the intersection of School and Main Street. So a total of twelve easements. EPG has retained Chet Lay from Slade Associates to do the survey. Steve and he have had several conversations with Kopelman and Page and they have come up with a reasonable approach for the easement descriptions. Easements require Town Meeting approval which is scheduled for April 25th. The plan is to have Steve Gazzano, Paul Sieloff and
Paul Millet, if needed, talk to merchants on Main St to see if they have any objections before town meeting to avoid any embarrassing wrinkle. They don’t envision there will be. That will be pretty much the end of contract number one.
In terms of scheduling, they could schedule some of the work which doesn’t require easements before town meeting and do the rest after. The work will take about three weeks. Assuming they start on the Tuesday after town meeting, that would be April 26th, they would be done by May 20th, which would be before Memorial Day. This includes paving of streets as well. They could do the portion from Masonic to Bank, which requires no easements, before town meeting. Robert Our has asked when he can get started.
STEVE GAZZANO asked what happens if we don’t get the easements?
PAUL MILLET stated that if we don’t get an easement for whatever reason, we’ll have Chet Lay snap a line on the sidewalk and we’ll do only the public part of the sidewalk in front of the stores in concrete and leave the asphalt on the merchant’s property. It will look pretty goofy but it will be the decision of the property owner to not grant the easement. We’re offering the property owner a free new sidewalk up to his door.
After a discussion regarding the possibility of getting an objection or not getting the easements at town meeting, and possibly using the money for water mains in a portion of the small streets, it was decided to go ahead with getting the easements and, since this will be getting backed up against Memorial Day, to go ahead before town meeting with the portions which don’t require easements. Start time will depend on when Robert B. Our, Co. can start and how long it takes to get supplies and material, but probably in a couple of weeks.
The discussion then turned to the tree issue. The report from arborist is that several of these trees are dead. At the corner of Masonic and Main Street, the homeowner is in agreement with taking it down. The other 3 trees are what is being called the Abiyoyo tree and then the two trees immediately up from Abiyoyo. They should come out because they will compromise the integrity of the sidewalks. At last week’s meeting Paul Millet heard they can remove those last three trees and the Masonic Tree. The tree at the Fairy doors is fine and can stay as is. It will not be impacted by the sidewalk and paving work. The only other question was the tree outside town hall, which is technically dead according to the arborist, even though every
year it does grow leafy material. This is the tree out front near the park bench. Paul Millet is fine with leaving that tree as is. Paul Millet wanted confirmation on the tree work before they proceed.
STEVE GAZZANO reported that the Selectmen asked him if he had had a conversation with Moe. He talked to both the realtor and Moe. Moe could go either way. The Realtor seemed they could go either way; they liked the tree, but weren’t married to it.
JEAN SCHAEFER asked, if trees are disrupting the sidewalk and street and the town doesn’t do something about the sidewalks, and somebody trips and falls, does the town have any liability?
STEVE GAZZANO stated yes, that they have an opinion from K&P stating that the town has a lot of liability for branches coming down. The trees are rotted and root bound.
PAUL MILLET stated that the arborist’s report documents the hazard from these trees. Koppelman and Page has given an opinion that when you are aware of a hazard in the public way, you can’t ignore the hazard. You can, but at your own peril.
JEAN SCHAEFER rephrased that the argument at town meeting for taking out the tree in front of town hall, which is determined by the arborist to be dead yet still sprouts leaves, is safety.
PAUL MILLET stated that the town hall tree wasn’t at issue in the sidewalk project. Last Tuesday they got permission to take down any trees that impact the sidewalk work.
STEVE GAZZANO directed Paul Millet to have a discussion with Paul Sieloff regarding the trees, particularly the one in front of town hall.
The discussion then moved to Contract 2. PAUL MILLET reported that the tank job is 100% complete, the money has come in from USDA and Marilyn should be mailing out the final payment this week.
On another issue, Paul Millet reported on the status of the Coles Neck Well number three insurance claim. We were able to settle the claim for $73,000 less $5000 deductible for a $68000 net. Paul didn’t know if the check to Marilyn had come in yet. The total cost was approx. $90,000. We put in a larger well than was originally there. So we are out $22000 in round figures. The $22,000 needs to come out of some other account. Jean indicated that Marilyn has already allocated the funds for this. Wayne Levasher the insurance adjuster told Paul Millet that he had recommended payment to his insurance company and the check should be mailed in the next couple of weeks. Mary Fisk will check with Marilyn on if check came in from
insurance company. Only bill not yet paid is the EPG bill for approx. $13,000. The other part of that bill, the liability portion, is not yet settled.
The Cumberland Farms connection will be done in the fall. They will use Coastal Engineering and EPG will do review of the design. They need to come to the board with a request to hook up.
STEVE GAZZANO: One of conditions of connection for Cumberland Farms might be having them sell Wellfleet water in bottles. We would have to work through how we would bottle it. It’s just an idea to be discussed in the future. The other part is an agreement that Cumberland Farms give free tire air for the community.
Discussion on this idea questioned where the water would come from and how it would be bottled. It was just an idea for future discussion.
PAUL MILLET: They are spending $3 Million to do a store and gas station but they haven’t applied yet.
STEVE GAZZANO: After a meeting with EPG and Board Members, Cumberland Farms were going to hire EPG but they decided not to go with EPG based on price. Since EPG is the town’s engineering firm, we going to have to have EPG review Cumberland Farms plans.
PAUL MILLET: They ultimately need to get approval from the Board for the connection. They have applied to the Board of Health for septic system so they are moving ahead. They are trying to minimize the cost to them but we told them they will have to pay for the entire connection. They are still moving ahead.
STEVE GAZZANO: Another question is curb stops for other property owners, particularly those across the street. These will be considered when Cumberland Farms brings in their application.
DAN WEXMAN: There’s a building between PJs and CF and PJs is running a line from their building to them because it’s all one big lot. There is question of those across the street including the Mobil station.
PAUL MILLET: If and when they come before the board, the board needs to think about the entire picture. The line under Rte 6 would be $30,000 or $40,000. If the town were doing this they would put in curb stops to the properties across the street.
STEVE GAZZANO: We need to find out how many properties there are and maybe ask them if they will put in the curb stops to the other abutters.
PAUL MILLET: Make them run the pipe all the way to the other side of their property.
JEAN SCHAEFER: What about Mobil. How much are we going to ask them to pay?
DAN WEXMAN: We own the pipe no matter who puts it in and we will then have a legal obligation to service any abutter to that line.
PAUL MILLET: Cumberland Farms has already agree to pay for the pipe, their own curb stop and a hydrant. I think we need a special category in your Rules and Regs. This seems to be a special category. Town will have to pay for the directional drill under Route 6. EPG would do the engineering for the curb stops for the other properties as well as approve the design of the Cumberland Farms.
STEVE GAZZANO: Cumberland Farms wants the line and we told them they had to pay for it and they said no problem. It doesn’t hurt to ask them if they’re willing to contribute to the other expenses of hooking up other abutters to that line.
JEAN SCHAEFER: We need to negotiate with Cumberland Farms over who pays for the extras involved in other properties. Will this show up in the press?
STEVE GAZZANO: They’ll have to go to the Planning Board or the ZBA and this negotiation will show up publically then.
PAUL MILLET: It’s unlikely we will get SRF money from DEP and other moneys will be lot less in the coming year. USDA may have $10 or $20 million to spread over 10 or 20 projects. We are on the list and have broken down the job into bitesize chunks.
In a question on special project connections to be added to the Rules and Regs, it was determined that, for now, the connection fee would be 50% off as long as the special connection--like Cumberland Farms--applied by June 30th, even though this was not technically part of Phase One. The Board will determined at a future date how discounts will be determined for future special cases and future expansion phases .
The discussion then moved to the WhiteWater Contract.
It was determined that Roy Maher, the Whitewater field operator, is back to 40 hours a week in the amendment and Whitewater will reimburse the Water System for 8 hours a week of the Administrative Coordinator’s time at $200 per week. This is consistent with the 40 hour week agreed to last July in the first contract. The Aug 1 2009 contract is still in force and this is an amendment to it. Aug 2011 will be the end of the second year of the contract. This amendment does not include the CPI adjustment, which is part of the original contract.
DAN WEXMAN Moved to approve acceptance of Amendment 1, as printed, to the original contract dated Jul 1, 2009 and signed by Paul Sieloff and Marilyn Crary on 10/6/09. Jean Schaefer seconded. The motion was carried unanimously--3-0.
STEVE GAZZANO advised the board that Paul Sieloff has agreed that the cost of the EPG input to the ISO data for upgrade of the town’s insurance ranking status will be paid for by the Town vs the Water System.
Town Meeting Warrant Article Recommendations
The warrant articles are the sidewalks, 1050 Bound Brook Island Road easement and Hatches for a 20 foot easement. Steve will ask Paul Sieloff about the verbage on the easement for1050 Bound Brook Island Road. The Board will have a meeting before Town Meeting and vote before the Town Meeting even though it won’t show a vote on the warrant.
In a discussion regarding the easement at 1050 Bound Brook Island Road, Paul Millet stated that EPG’s recommendation was to approach the abutting property owners on White Tail Lane for an easement. Coming in through Coles Neck Road would cost $50,000 in piping. So he would recommend wording the article to have Town Meeting authorize entering into negotiations with the abutting property owners on White Tail Lane. According to Koppelman and Page, easement require Town Meeting approval. The Water System charter does not allow the Board of Commissioners to exercise imminent domain. Paul Millet recommended that someone from the town--Steve Gazzano indicated it would be Paul Sieloff--should knock on the doors of the abutters and set the negotiation in
rolling to obtain an easement. Steve Gazzano will follow up with Paul Sieloff. Because 1050 Bound Brook Island Road is within the initial area to be served and it was originally the town that entered into an agreement to service the property at no connection cost to the property owner, the Board questioned whether the Town or the Enterprise Fund should pay for whatever costs are involved in the connection and easement. Steve will address that issue with Paul Sieloff.
ARTICLE E – as printed with green pages. DAN WEXMAN moved to approved Article E as printed. STEVE GAZZANO second. The motion was carried unanimously by a vote of 3-0.
ARTICLE Ua – as printed. JEAN SCHAEFER moved to approve Article Ua as printed. DAN WEXMAN second. The motion was carried unanimously by a vote of 3-0.
ARTICLE Ub – as printed. DAN WEXMAN moved to approve Article Ub as printed. STEVE GAZZANO second. The motion was carried unanimously by a vote of 3-0.
Operational Protocols was post - postponed to future meeting.
Mail and bills for signature were presented by the Administrative Coordinator.
The NSTAR bill for February for the water tower was almost as much as the NSTAR bill for February for the Boy Scout Camp Pump. This was a result of the heater in place to keep the gauges from freezing in the space large metal-enclosed space below the tower. It’s a small wall mounted unit above the door that runs all the time. It was directed that Whitewater look into a small enclosure that could be heated more reasonably. There is no propane supply at the tank to run a propane heater. Paul Millet also recommended that we look into the unit price of the NSTAR bill and whether it is part of the Cape Light Compact.
Procedural Manual Ideas - postponed
Minutes of 3/1/11 – DAN WEXMAN moved to accept as printed. JEAN SCHAEFER second. The motion was carried unanimously by a vote of 3-0. Steve signed the minutes.
There was no update from Emily on the new office space.
The Administrative Coordination presented a written report. Ten new applications had been received since the mailing of the brochures to eligible abutters.
The list of Deferred Payment Agreements was accepted as presented by a unanimous vote of 3-0. The separate minutes for said vote to be prepared and recorded separately were accepted by a unanimous vote of 3-0.
There was no new Mail.
Dan Wexman needs a list of Operational Procedure for Board Business and Administrative procedures. Mary Rogers sent a list, but it did not appear germane. It needs to be discussed next meeting.
Items for Agenda for next meeting Apr 5
Operation Protocols and Procedures Manual
Work Plan
Bound Brook Island Road Easement
Prospective new members for the board
Delinquent Payment update – Board has to certify delinquency to go to Tax collector and notice has to go out with May bills.
Marina hookup status
Minutes
Mail
Other Business
DAN WEXMAN moved to adjourn at 8:07. JEAN SCHAEFER seconded.
The motion carried by a unanimous vote of 3-0.
Respectfully submitted:
Mary Fisk Date Steve Gazzano Date
Administrative Coordinator Co-Chair
The Board of Water Commissioners approved these minutes at the meeting held 4/5/11.
Public Records Material from the Meeting of 3/15/11
1.) WhiteWater Draft contract dated August 1, 2009.
2.) March 1, 2011 Memo from Rex Peterson requesting Town Meeting Warrant recommendations
3.) Draft work plan for the Board of Water Commissioners
4.) Letter from the BWC to Eric Martinson dated March 15, 2011
5.) Administrative Assistant Report of March 15, 2011
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