Meeting Minutes Charlton Water and Sewer Commission Date: June 13, 2011

Transcription

1 Meeting Minutes Charlton Water and Sewer Commission Date: Location: Selectmen s Meeting Room, Town Hall Attendees: Members Present Members Present John Elliott, Sr. Y Joseph Haebler Y Gabriel Berthiaume Y Paul Gagner Y Robert Lemansky Y Recording of minutes by Carol Goodspeed, Department Assistant Meeting was called to order by Mr. Elliott at 6:05 p.m. Mr. Haebler: I make a motion that we approve the following warrants: McClure Engineering, LLC: invoice #9734; timeline for water startup; engineering services: 1/10 and 1/24 re DWSRF loan; pay app. #4; etc: $403.75; services from 1/10 1/29/11: additional assistance regarding the DWSRF loan: $997.34; invoice #9770: engineering services in preparation for meeting on 2/7/11 and draft agenda for meeting on 2/28/11 re waterline startup; services from 1/24 2/26/11: $528.75; Total: $1,929.84; McClure Engineering, LLC: invoice #9804: engineering services (2/27 4/1/11): prep for meetings with commission; meeting with Town of Southbridge DPW and Water Dept on 3/3 and 3/17 re startup of water system: $913.75; engineering services re startup; compiling list of parcels in activation area at request of Southbridge; 2/24 4/1/11: $892.50; and engineering services regarding the DWSRF loan breakdown and compilation of documents re pay app #5; services from 1/28 4/1/11: $42.50; Total: $1,848.75; McClure Engineering, LLC: invoice #9844: engineering services related to startup of the water system; evaluation of flow readings; repairs to pressure transducer feed line on storage tank; services from 4/2 4/30/11: $1,545.00; reimbursable expenses: $23.22; invoice #9843: engineering services regarding support of water line startup; prep. and attendance at meetings with the Town of Southbridge on 4/21 and 4/26 to discuss startup; services from 4/2 to 4/30/11: $977.50; Total: $2,545.72; Whitewater: Assistance with hydrant flushing: $276.17; services re disinfection of water tank: $2,125.75; regrade/improve access road to storage tank & install steel gate: $12,650.00; materials for RHW to repair the PRV pit on Rt. 20; RHW provided one day of labor at no cost: $3,295.61; Total: $18,347.53; Cosgrove & Blatt: services May 1 May 31: extend water line on N. Main to Charlton Elementary School: $13.00; MTA land transfer water line from Exxon: $474.50; Total: $ (water); Cosgrove & Blatt: services May 17 May 24: sewer easement 11 City Depot Road connection: Total: $ (sewer); Commitment warrant for grinder pump violations: $500.00; Miscellaneous warrant: National Grid: $303.50; Carol A. Goodspeed: mileage reimbursement: $36.72; total: $340.22; Abatement warrant for 25 Lakeview Drive: $100.00; Commissioner payroll for June: $500.00; seconded by Mr. Gagner. Vote: Unanimous. The following are warrants that were signed and submitted between meetings; Work service invoices regarding grinder pump violations for 25 Lakeview Drive and 85 Masonic Home Road at $ each; McClure Engineering: #9585; #9640; #9733: Charlton Housing Authority & Glenmere Road matters: $1,218.75; McClure Engineering: #9641: engineering review re sewer main ext to Worcester Rd: $531.25; McClure Engineering: #9735: meetings attended between 12/10/11 and 1/24/11: $297.50; McClure Engineering: #9735: betterments; ExxonMobil; Honey Farms; meetings: $3,962.50; McClure Engineering: #9735: Honey Farms water line cost estimate: $2,597.50; McClure Engineering: #9735: ExxonMobil connections (services: 1/19-1/24/11): $505.00; Karla Christiansen: reimbursement regarding sewer backup: $71.00; $159.19; The Abrahams Group: services regarding water betterment project: $5,000.00; Lefort Electric Inc.: payment of second train for CoMag: $2,527.09; BT Copy & Print Center: copies of prints for 6B Worcester Road: $5.25; Total: $2,532.34; McClure Engineering, LLC: engineering services 12/25/10 4/2/2011: $25,250.47; Charlton Police Department: $1,172.20; M.E. Smith Inc.: pay app. #5 for change orders for services through 12/23/10: $61,877.27: $88,299.94; Verizon: $431.39; Poland Spring: $.99; Total: $432.38; National Grid: $7,663.95; Commissioner payroll for May: $

2 Page 2 Abatement warrant: 127 Osgood Road: $227.97; Steadfast Fence: fence repairs at pump stations: $1,145.00; Woodard & Curran: MTA samplings through 4/29/11: $108.90; Woodard & Curran: contract operations for June: $44,466.08; Quality Magnetite: $450.00; AT&T: $42.32; Ikon Office Solutions: $142.27; total: $184.59; Charlton Police Department: detail Derek Gaylord; 10/27/10: $217.94; seconded by Mr. Gagner. Vote: Unanimous. Mr. Haebler: I make a motion that we approve the minutes of April 11; seconded by Mr. Gagner. Discussion: Mr. Elliott asked that Steve review those minutes for tasks that he is to do. Vote: All in favor except for Mr. Lemansky who abstained. Mr. Haebler inquired of Carol whether there were any other outstanding bills at this time. Carol explained that the only one that came in was the Vadar contract which is for the contract year beginning July 1, :30 p.m. Jody St. George of Woodard & Curran: The plant saw some unusual issues in May due to a toxic load that came through the plant at the beginning of May. We have yet to determine what it was. There parameters were violated as a result. Mr. Elliott was informed. The CoMag, second shear mixer retrofit is 80% complete and needs a little adjusting. Towels are still an issue. Pump station fences and gates have been readjusted and repaired. There were 12 residential grinder pump alarms, 7 of which were clogged pumps. Steve and Jody went and took a sample at the Honey Farms car wash; and that s the sample we should use. Mr. Lemansky to Jody: Because of our new contract it isn t in the new contract. Mr. Haebler said it is in there still. Mr. Lemansky: The contract that has the scope of work it wasn t there. Jody: Most of the properties around the lake don t have good wells. Some of the pumps are slow. To fix a clogged pump the worker gets paid from the time he leaves his house until he returns home. Seventy percent of the calls occur overnight. North Main Street Pump Station: strong cloth not paper towels that clogged the pump. Mr. Elliott to Steve: What about the I/I and the Masonic Home? Mr. Haebler suggested making a personal visit to the Masonic Home with Jody. Whatever came into the pump or through a gravity line the recommendation is that letters be sent to our larger users. Mr. Elliott: One of the surrounding towns was doing septic hauler dumping. Mr. Lemansky: If anyone sees a truck dumping in Charlton, they should let someone know. Jody indicated that he has been unable to make the ammonia limits; he also advised that all of the RBC s are running including the new ones (running during their warranty period). Jody went on to say he has never experienced the bug kill that happened at the plant. He provided a memo about the microscope examination. He said the bottom line is the source is unknown at this time. He publicly thanked Paul Cryznecki of Veolia in Southbridge for his help. Nitrified = get rid of pneumonia; get a new mixed liquor. I spent money to get rid of the dead bugs. We are trying to do what we can including trying to determine how much oxygen the bugs are using. Mr. Haebler: Could there still be stuff coming in? Jody: Every sample at the pump stations was normal. I ve had calls from the EPA and the DEP. Jody concluded his report at 7:15 p.m. 7:15 p.m. Heather Blakeley and Chris McClure of McClure Engineering: Heather indicated that the sewer repair work was completed by M.E. Smith on June 6 and 7 on Common Road and North Main Street. M.E. Smith has signed the Release of Claims; and received payment for the agreed upon change orders. The release was from all claims except change orders 7, 8, 9 and 10. You agreed to release him from 6. Mr. Lemansky: I make a motion on behalf of the Water and Sewer Commission to sign this release from which no. 6 is exempted for the amount of $29, dated June 7, 2011; seconded by Mr. Gagner. Discussion: I don t like this release. Mr. Haebler: What are the positives or negatives? Mr. Elliott: He ll use this for other things. I did not see anything in Attorney Holland s letter. Mr. Haebler: Can we defer this until we hear from the attorney. Heather: This came from the attorney. Mr. Lemansky: Rick Holland at the meeting we had with our commission and him, he said compromise is better than going to Court. As the discussions went on, the agreement would be that the town would drop 6 and then the town was going to drop 1-6. We came to a $64, resolution. We wanted him to sign a release for the items he s giving up. Mr. Lemansky: Was the

3 Page 3 attorney in agreement that we are only giving up #6? Heather: Yes. You drafted a change order against him. This is his effort to clean that up. You have a claim to it because he had defective work. You need a paper trail. There is correspondence between us and the engineer. If you want more clarification from the attorney, I can provide that to you. Mr. Lemansky: If we don t release #6, the contractor will make claim for the other items of $250,000 and claim it is a breach of contract. Mr. Haebler: This is reconfirming the vote we already took. Heather: You may not typically see this. Mr. Elliott wants to talk to Attorney Holland. The town does not get the release. I need more information. Mr. Haebler: Do you have a copy of the agreement? McClure the paperwork has been submitted to the state. Heather: It is in your minutes saying that you waived #6. 7:35 p.m. Mr. Lemansky: We signed a warrant requesting $88, earlier. Heather: This has nothing to do with this. Items 7-10 from Smith were items that he was making what he thought were the legal claims. He waived every claim he had to date. The first motion was withdrawn. Mr. Lemansky: I make a motion that upon the satisfaction of our Chairman after having discussions with what aids he needs that we have our Chairman sign on behalf of the Water and Sewer Commission signed by M. E. Smith; seconded by Mr. Gagner for discussion. Discussion: Before I sign a release for the Town of Charlton, I want to see what Jack Hamm has to say and what our attorney has to say. If they say yes, then I will sign it. Mr. Lemansky: Gabe and I reported back to the commission. You need to finish the items before we sign the release, that being the repair of the line out of the Town Hall and then reseed the area. If we don t do this we are back to square 1. We have a claim for $29,000. He has a claim against us. Suggestion: Mr. Holland sit down with Mr. Smith. Mr. Lemansky: We wanted to make sure he did not come back on those items. Mr. Elliott: We are talking about items Heather: You have retainage to hold. I think you were due this money. You gave it up because it was a bargaining chip. It was a 3-2 vote. What steps do you need if it s with the attorney; and I want to talk to the SRF people. Vote: Mr. Haebler: I; Mr. Lemansky: I; Mr. Gagner: No; Mr. Berthiaume: I; and Mr. Elliott: I. Mr. Gagner changed his vote to I. Mr. Elliott will sign the document upon his satisfaction. Heather Blakeley of McClure Engineering: M.E. Smith did sign the release of claims and the retainage was withheld. Mr. Lemansky inquired as to whether Mr. Smith has been instructed that he needs to go forward with the paving. Chris McClure: No. If we were to direct him to go forward, any change orders he is claiming would need to be addressed, but would have to be addressed after the work was done. The change order would be at the discretion of the engineer. Mr. Gagner: Where are we with the cubic foot charge? Heather: He hasn t come down. I am tempted to just give him what I think it should be. Chris: We can direct Smith to do the work. Mr. Lemansky: I make a motion to direct our engineering company, McClure Engineering, to instruct M.E. Smith to go forward with the second phase of their contract; seconded by Mr. Berthiaume for discussion. Mr. Gagner: How are we going to bargain with them after the fact? Put options on the table again? Heather: The option would be to terminate their contract for cause and rebid the work. Mr. Lemansky: If we did that rebid the work; put it in the Register; wait for the bids are we going to be able to have the work down by November 15 th? Heather: It would be close in time. The timeframe to complete the work is less than a month. Mr. Lemansky: If you were to give notice to M.E. Smith tomorrow morning, what s his deadline date for the $1,000 per day fine to kick in. Heather: August 17. Mr. Lemansky to Mr. Elliott: We have a contract and we need to change the contract and go from 6 to 12. Mr. Elliott: This is just a small change order. Mr. Lemansky: If he comes back with a ridiculous price we can say do the work we won t agree to the price. When it is all over with, whether we go to an arbitrator or through the court, he will not be able to collect an unreasonable amount of money. Heather: It goes to T&M and we have to document everything and it takes him two months to do it, you are paying it. Mr. Berthiaume: I don t think that is the way to go. It will cost us a lot of money. Mr. Haebler: What s the going price for this material? Heather: His bid price is $3 per square yard. We got two prices ($0 to $6 and $0 to $12; and the difference in price was less than $1.00. Mr. Haebler: We need to just look at this and say this is the price it should be can we go that route? We want to get this cleared up. Mr. Elliott: He is actually obligated to do it by a certain period of time. He is supposed to go do the work; and put a claim in; and the claim can go to arbitration. Mr. Lemansky: The worst case is we go to arbitration. Heather:

4 Page 4 You don t have a clause for arbitration. You file a claim through us; then you go to court if necessary. Vote: Mr. Haebler: I; Mr. Lemansky: I; Mr. Berthiaume: I; Mr. Elliott: I; Mr. Gagner: No. Heather continued with McClure s report. (From McClure s list of unfinished items: Per Attorney Holland: you don t have to release anything because it is one contract. You can t go after the $1, until August 17, 2011.) Reference was made to a list of lots on Northside Road, copy of which was provided to the commissioners. Meeting with ExxonMobil and DEP they are doing an evaluation with respect to the 11 properties with curb stops. The list was taken to Gary today. The owners of the next 11 laterals will have to pay $2, connection fee. I believe it is their policy, not a regulation. Startup and activation: Southbridge has no problem with things proceeding; they are just waiting to talk to Chris Clark for their formal approval. Whitewater is prepared to go forward on June 20 if they receive the endorsement. It will take probably about 9 days for the filling which is to be completed by June 29; activation should happen July 5. We need to make sure everyone has their paperwork in. Mr. Lemansky: The schedule of the letter to the DEP to extend the system to North Main Street? Mr. McClure: I had a conversation with Marielle Stone regarding activating the tank. She said fine and our next step is to put North Main Street on line. She would like to see usage documented for North Main Street before she allowed that. Heather: We will have to compile a list of people and go knocking on doors. Paper work needs to be turned in for people who want to connect. Mr. McClure: We would like to see the Charlton Housing Authority all set to go. Heather: We haven t been informed as to whether filings have been done with the state. Heather continued: Digsafe is continuing repairs down in Charlton City. Heather: 4 Dresser Hill Road and 9 Burlingame Road: She presented a professional service agreement by McClure Engineering. Labor: $12,700; Expenses (survey, permitting and design): $ Mr. Haebler: I make a motion that we approve the McClure Engineering proposal #054-P-917-C for the design of the water line loop from 4 Dresser Hill Road to 9 Burlingame Road and back to North Main Street; seconded by Mr. Gagner. Vote: Unanimous. Mr. Elliott: Management contract: Robin is reviewing it. The only item she inquired about they were asking for a 25% escalation for the chemicals. Mr. Haebler: They talk about the average flow which is going from 25 to 10. Mr. Lemansky: Both Steve and Mr. Haebler worked diligently on the RFP and now we have the contract that has come in. There is a difference between what s being proposed in the contract as to what was requested. Mr. Haebler: They clarified that. Mr. Elliott: May I suggest that you and Robin -- we voted at the last meeting to choose Woodard & Curran pending Robin reading the contract. I think you should get together with her and let s get it done. Mr. Haebler: I think we can sit down and discuss some of the points that they want to make based on the old contract. Then you need to sit down with Woodard & Curran and see if they agree with it. So this is not something we can talk about intelligently about this evening. Mr. Lemansky inquired about the maintenance work regarding the pumps. Mr. Haebler: The RFP serves as part of the contract; so things we listed in the scope of work are included. Mr. Elliott: I directed Robin today to do your due diligence on it and we agreed to let her go from there. Comments on the DEP meeting: We had a meeting with ExxonMobil and the DEP; and they are leaning towards going ahead with the Old Worcester Road extension; and possibly taking care of those extra water connections off of Stafford Street; but there is nothing conclusive on that. They said it would probably be Fall before we hear anything back from them.

5 Page 5 Mr. Elliott: Reorganization of the commission. Mr. Gagner to Mr. Elliott: Mr. Chair, you expressed at the last meeting that you don t want the job anymore. With that in mind, and there have been in addition to discussions at the last meeting; there have been some private discussions off and on between a couple of us, I think the consensus is that I would like to make a motion that we nominate Rob for the Chair position; and to finish that job so to speak, I would like to recommend that you become the Vice Chair; that you two switch and everything else remains the same; seconded by Mr. Berthiaume for discussion. Mr. Elliott: As far as I am concerned, I would like to see Mr. Haebler be the Vice Chair. I would prefer to sit where you are Gabe. Mr. Gagner: I will change my motion to just nominating Mr. Lemansky to be the Chair; seconded by Mr. Berthiaume. Mr. Elliott: All those in favor? Vote: Unanimous. Mr. Gagner: I make a motion that Mr. Haebler be nominated for Vice Chair; seconded by Mr. Lemansky. Mr. Elliott: All those in favor? Vote: Unanimous. Mr. Elliott: I make a motion that Paul become the Clerk; seconded by Mr. Haebler. Mr. Elliott: All those in favor. Vote: Unanimous. Mr. Lemansky: I make a motion to adjourn the meeting; seconded by Mr. Haebler. Vote: Unanimous. Meeting adjourned at 8:23 p.m. Respectfully submitted, John Elliott, Sr. Date Robert Lemansky Date Gabriel Berthiaume Date Paul Gagner Date Joseph Haebler Date