PORTSMOUTH WATER AND FIRE DISTRICT
1944 East Main Road, Portsmouth, Rhode Island
Administrative Board Meeting Minutes
May 18, 2010
The Administrative Board Meeting was held at the Portsmouth Water and Fire District’s office.
OPENING BY CHAIRMAN AND ROLL CALL
Mr. Molleur, seconded by Mr. Polselli, made a motion for Mr. Driscoll to be Chairman Pro Temp.
A vote was taken and the motion passed with Gaetano Polselli, Jeffrey Richard, Philip Driscoll, Theodore Czech and Ronald Molleur voting in the affirmative.
The Administrative Board Meeting was called to order at 7:00 PM by Chairman Pro Temp Philip Driscoll.
Board members present: Gaetano Polselli, Jeffrey Richard, Philip Driscoll, Theodore Czech and Ronald Molleur
Board members absent: Michael Nott and William Douglas
Also present: William McGlinn, David F. Fox
2009 Election
OPENING OF TAX ASSESSOR’S MEETING FOR THE PURPOSE OF CANVASSING
Mr. Polselli, seconded by Mr. Richard, made a motion to open the Tax Assessor’s Meeting for the purpose of canvassing.
A vote was taken and the motion passed unanimously with Gaetano Polselli, Jeffrey Richard, Philip Driscoll, Theodore Czech, and Ronald Molleur voting in the affirmative.
GUESTS: NONE
EKG Enterprises, Inc, Water Meter Tampering – 33 Camara Drive
American Home Mortgage Servicing, Inc., Water Meter Tampering – 33 Camara Drive
Mr. McGlinn explained that all interested parties were notified of the meeting, and apparently chose not to attend.
Mr. Polselli, seconded by Mr. Molleur, made a motion to assess a Total Assessment of $152.31 to American Home Mortgage Servicing, Inc. in the matter of removing the meter from the setting, but not removing it from the site at 33 Camara Drive.
A vote was taken and the motion passed unanimously with Gaetano Polselli, Jeffrey Richard, Philip Driscoll, Theodore Czech, and Ronald Molleur voting in the affirmative.
Mr. Polselli, seconded by Mr. Molleur, made a motion to fine EKG Enterprises, Inc an amount of $200.00 in the matter of removing the meter from the setting, but not removing it from the site at 33 Camara Drive.
A vote was taken and the motion passed unanimously with Gaetano Polselli, Jeffrey Richard, Philip Driscoll, Theodore Czech, and Ronald Molleur voting in the affirmative.
CORRESPONDENCE
Letter to Town of Portsmouth Dated 04-22-10 re: Navy Melville Area North New Tank Online
Mr. Driscoll noted the letter from Mr. McGlinn to the Town of Portsmouth notifying them that the District is no longer supplying them in the Melville area, and added that the District still hasn’t received an easement, which has been requested since September 2006.
MINUTES OF MEETINGS
Administrative Budget Workshop Meeting Minutes of 04/13/10
Mr. Richard, seconded by Mr. Czech, made a motion to accept the Administrative Budget Workshop Meeting Minutes of April 13, 2010.
A vote was taken and the motion passed with Gaetano Polselli, Jeffrey Richard, Philip Driscoll, Theodore Czech and Ronald Molleur voting in the affirmative.
Inclusion of Transcript of Open Meetings Discussion in Board Meeting of 04/20/10 as Requested by J. Richard
Mr. Richard, seconded by Mr. Polselli, made a motion to include the Transcript of Open Meeting Meetings Discussion of April 20, 2010 in the Minutes of the Meeting.
A vote was taken and the motion passed with Gaetano Polselli, Jeffrey Richard, Philip Driscoll, Theodore Czech and Ronald Molleur voting in the affirmative.
Administrative Board Meeting Minutes
Mr. Polselli, seconded by Mr. Molleur, made a motion to approve the Administrative Board Meeting Minutes of April 20, 2010.
A vote was taken and the motion passed with Gaetano Polselli, Jeffrey Richard, Philip Driscoll, Theodore Czech and Ronald Molleur voting in the affirmative.
Administrative Board Executive Session Meeting Minutes of 04/20/10
Mr. Richard, seconded by Mr. Polselli, made a motion to approve the Administrative Board Executive Session Meeting Minutes of April 20, 2010.
A vote was taken and the motion passed with Gaetano Polselli, Jeffrey Richard, Philip Driscoll, Theodore Czech and Ronald Molleur voting in the affirmative.
Extend the Period for Public Filing of Minutes Until the Next Meeting for Preparation and Review by the Board
Mr. Richard, seconded by Mr. Czech, made a motion to extend the period for Public Filing of Minutes until the Next Meeting for Preparation and Review by the Board.
A vote was taken and the motion passed with Gaetano Polselli, Jeffrey Richard, Philip Driscoll, Theodore Czech and Ronald Molleur voting in the affirmative.
OLD BUSINESS
Open Meetings Information (J. Richard)
Mr. Richard noted that he provided, for inclusion in each meeting’s package, a copy of Title 42 of the Open Meetings Law for each Board members reference, as well as a detailed package from the Attorney General’s Office.
Mr. Driscoll noted a particular area of the document and stated that he feels the Open Meeting Law is a gross violation of free speech.
NEW BUSISNESS
Approve Payment of Bills
Mr. Richard, seconded by Mr. Molleur, made a motion to approve the payment of bills listed for May 18, 2010 for the amount of $132,736.17.
A vote was taken and the motion passed with Gaetano Polselli, Jeffrey Richard, Philip Driscoll, Theodore Czech and Ronald Molleur voting in the affirmative.
Request Authorization to Transfer $75,000 from People’s Credit Union to Citizens Bank
Mr. Richard, seconded by Mr. Czech, made a motion to approve the transfer of $75,000 from People’s Credit Union to Citizen’s Bank.
Mr. Driscoll stated that he presumes that, in light of the low interest rates, staff is researching for the best rates possible, and asked for an explanation as to why it is brought before the Board.
Mr. McGlinn explained that the Board could choose not to have transactions such as this brought before them, but previous discussions resulted in a decision to do so, especially where the District is investing in a number of local banks.
It was noted that when investing is transacted within the same bank, the Treasurer was comfortable with not bring the matter before the Board, but this particular transaction involves transferring funds from one bank to another.
Mr. Czech asked if the transfer was due to FDIC limitations.
Mr. McGlinn responded that it was one of the reasons; however, the Office Manager needed the funds to pay the current bills and she will be reinvesting funds as the water billing payments are received.
Mr. Driscoll asked if an analysis had been done comparing short term to long term investments.
Mr. McGlinn responded that the Office Manager has researched the matter, but the interest rates are so volatile that it has been decided not to go out for long periods of time. Also, the decision of the investments term is based on when the District will need funds to make payments of bills.
A vote was taken and the motion passed with Gaetano Polselli, Jeffrey Richard, Philip Driscoll, Theodore Czech and Ronald Molleur voting in the affirmative.
Request Legal Opinion on Legality for One Person to Declare Candidacy for Two Separate Positions Appearing on the Same District Ballot. (J. Richard)
Mr. Richard stated that he found out that one person had made application to become a candidate for the two offices that were up for election, and it struck him as kind of odd that one person could become a candidate for two offices simultaneously.
He had asked Mr. McGlinn to ask Mr. Fox to render a legal opinion as to the legality of the matter, but Mr. Nott had the matter deferred to this meeting because he didn’t want Mr. Fox to spend any time researching that.
His questions are:
1. Can somebody legally become a candidate simultaneously for two offices on the same Board
2. Can somebody stay a candidate into the election to be a candidate for two offices on the same Board
That is the issue that Mr. Fox needs to answer for him tonight, since the Board is already paying him to be here.
Mr. Fox stated he would be happy to give his impression. His feeling is that Mr. Nott’s point was that the Board should decide on what he is to research - not individual members.
Mr. Richard interrupted Mr. Fox asking how he, Mr. Fox, could know what Mr. Nott’s thought process was if he hadn’t talked to him.
Mr. McGlinn started to explain that he called Mr. Fox.
Mr. Richard interrupted Mr. McGlinn stating that he, Mr. McGlinn, told Mr. Fox what Mr. Nott’s notion was.
Mr. McGlinn continued, stating that he spoke to Mr. Nott about the issue and asked him how he wanted to proceed.
Mr. Nott explained to him that he didn’t want individual Board members doing requests for legal opinions on different things, and requested the item be listed on the Board Agenda so that Mr. Fox will be aware of it.
Mr. Fox further explained that when he receives the Agenda and notes a legal item that the Board has instructed him to act on, he acts on it. In this particular case, Mr. McGlinn called him and informed him that Mr. Nott wants to make sure it’s the Board’s directive.
Having said that, and having run for office a couple of times, he is familiar with what’s happened in the past. Also from conversations with state officials, it is a very common occurrence for an individual to pull papers for multiple seats.
A Declaration of Candidacy is when the individual returns a signed petition for the position they want to run for. Mr. Richard is right to be concerned about someone bringing in two sets of papers and declaring for two seats. There is not a lot of research needed to know that it’s not legal.
If a candidate did return two sets of papers for two different positions, the matter would be scheduled for the next Board meeting, and the Board would render a decision, which would most likely be a rejection of both sets.
Mr. Richard asked why the voting books are present.
Mr. McGlinn explained that it’s part of the Tax Assessor’s Meeting that he and Mr. Czech are conducting, and they are made available in case someone comes in and questions why they’re not on the voter list.
Mr. Driscoll stated that the District doesn’t have absentee ballots or shut-in ballots, although he has tried to get them, and he was informed that there is no legal requirement for them.
Mr. Richard asked if the registry includes all of the legally registered voters for the Town of Portsmouth.
Mr. McGlinn explained that anybody that is registered to vote with the Town that lives within the geographic District is eligible to vote in the District’s election. It was further noted that the individual does not have to be tied in to the water system and they could be a renter in a house.
Mr. Fox added that they don’t have to be a customer or taxpayer – they have to be a voter. Also, the District’s Charter specifies the geographical boundaries.
Mr. Czech stated that he was informed by the Town Canvassing Officer that a candidate could get somebody to sign their papers that lives out of the District, but are a voter of the Town.
Mr. McGlinn stated that he feels there is a misinterpretation on their part.
Mr. Fox explained that in a local election for Town Council, papers are taken out; the individual obtains signatures, and returns them for certification that all signatures are those of registered voters within the geographic area. In order for a candidate for this Board to be a candidate, they have to get signatures from 25 registered voters, not just registered anywhere, it has to be within the District.
Certify Nomination Papers
Mr. Richard, seconded by Mr. Polselli, made a motion to Certify the Nomination Papers, all having at least 25 signatures of registered voters of the District, for the District’s annual election on June 09, 2010 submitted by:
Robert D. Bledsoe for the position of Moderator
Ronald L. Molleur for the position of Moderator
Joseph A. Magliocco for the position of Treasurer
Edward A. Stoltenberg for the position of Treasurer
A vote was taken and the motion passed with Gaetano Polselli, Jeffrey Richard, Philip Driscoll, Theodore Czech and Ronald Molleur voting in the affirmative.
Approve News Release
Mr. Polselli, seconded by Mr. Molleur, made a motion to approve the News Release dated May 20, 2009.
Mr. Richard asked if anybody on the Board is involved with the approval of Press Releases.
Mr. McGlinn responded that typically they are prepared by him, with review by the Chairman; however, there could be something of an immediate nature, such as a boil water order or a bacterial problem.
Mr. Richard asked if there is a written procedure pertaining to Press Releases, to which Mr. McGlinn responded that there is not.
Mr. Polselli noted that each Board member is notified of the Press Releases.
A vote was taken and the motion passed with Gaetano Polselli, Jeffrey Richard, Philip Driscoll, Theodore Czech and Ronald Molleur voting in the affirmative.
Approve Ballot
Mr. Richard, seconded by Mr. Molleur, made a motion to approve the Sample Ballot for the June 10, 2009 election.
A vote was taken and the motion passed with Gaetano Polselli, Jeffrey Richard, Philip Driscoll, Theodore Czech and Ronald Molleur voting in the affirmative.
Replacement of Police Details with Staff Trained in Flagging, Except for Extraordinary Instances (J. Richard)
Mr. Driscoll stated that Mr. Nott wants to be heard on this issue and requests the discussion be tabled until the next meeting.
Mr. Richard, seconded by Mr. Polselli, made a motion to table the discussion of the Replacement of Police Details with Staff Trained in Flagging, Except for Extraordinary Instances until the next meeting.
A vote was taken and the motion passed with Gaetano Polselli, Jeffrey Richard, Philip Driscoll, Theodore Czech and Ronald Molleur voting in the affirmative.
REPORT FROM GENERAL MANAGER
Water Service Applications – PRESENTED
Demand Report – PRESENTED
Operation’s Report – PRESENTED
Disposal of Assets - PRESENTED
Water Quality Update – PRESENTED
Water Storage Tanks Project – Update - PRESENTED
SCADA Project – Update – PRESENTED
Legislation - Update
Mr. McGlinn stated there is no update on the backflow prevention bill submitted by Representative Carnavale for Johnston, or on the hydrant bill.
There will be discussions on the plumber bill, which pertains to whether plumbers are required to install water meters or whether the system and its vendors can install them. It was noted that he will be testifying on this matter because the District has and interest in it with the scheduled AMI Program next year.
The District wants to make sure the system is protected by continuing to have District staff install them. Also, the District would want legislation to allow the vendors to install them under the supervision of the water system because the expense of a licensed plumber is not necessary to do that job.
It was noted that a lot of the AMI systems are being put in using RI Clean Water funds, and if plumbers are to be used for the installation of the meters, at union rates, the cost of the projects would be more expensive. It was further noted North Kingstown is spending an additional $1M for their program because of the plumbing issue.
ISDS Failure - Update
Mr. McGlinn explained that the District’s ISDS was returned with comments from DEM, and he and the Operations Manager are working on a remedy.
Correction of Incorrect Water Billing for Two Accounts
Mr. Driscoll noted that it’s clear that the person that was overcharged will be refunded; however, there is a question of how to handle the person that was undercharged.
Mr. McGlinn stated that he has spoken to the Division of Public Utilities and Carriers and they have a policy for a three year horizon going back to correct things. There are two options that occurred to him:
· consider billing the unbilled amount going back three years.
· consider billing three or five years at the wholesale rate.
It is suggested that payments over time be allowed with no penalty charges or interest.
Mr. Fox noted that the governing law is a Contract Law and it’s a ten year statue of limitations so the District could collect the full amount. The reason why it’s not a good idea is because the customer could contact the PUC and make a complaint against the District.
He suggested that if the Commission has decided it’s fair to a rate payer to only go back the three year period, the Board should follow suit with that.
It’s also recommended that the Board take into consideration any hardship to the customer and advise them that they can come before the Board with their concerns.
Mr. Czech commented that the customer is ultimately receiving a couple of year’s usage without charge and he feels that it’s a reasonable compromise.
Mr. McGlinn noted that the bills that just went out reflect the correct billing for 2009-2010 consumption.
Mr. Polselli, seconded by Mr. Czech, made a motion to authorize the General Manger to:
· Process a refund of $1,192.23 to the property owner of 2271 East Main Road for overbilled water usage charges based on water meters being assigned to the wrong account.
· Invoice the property owner of 2269 East Main Road for $990.26 for unbilled water usage charges for the past three years and wave collection of unbilled water usage charge for the two years prior to that, based on water meters being assigned to the wrong account – with no interest and penalties and up to three years to pay.
A vote was taken and the motion passed with Gaetano Polselli, Jeffrey Richard, Philip Driscoll, Theodore Czech and Ronald Molleur voting in the affirmative.
Project Engineer’s Schedule - PRESENTED
REPORT FROM LEGAL COUNSEL
Mr. Fox noted that he has nothing to present in Open Session.
EXECUTIVE SESSION
Mr. Czech, seconded by Mr. Polselli, made a motion to move to Executive Session to Discuss:
A. Litigation: 42-46-5 (a) (2)
1) Newport Water Department – PUC Application to Change Rates: Docket #4128
2) Newport Water Department – DPUC Complaint re: Emergency Connection Water Use Credit
A vote was taken and the motion passed with Gaetano Polselli, Jeffrey Richard, Philip Driscoll, Theodore Czech and Ronald Molleur voting in the affirmative.
RETURN TO OPEN SESSION -
Disclosure of Executive Session Votes and Disposition of Minutes
Mr. Molleur, seconded by Mr. Richard, made a motion to seal the Executive Session Minutes of May 18, 2010. Two items were discussed with regard to outstanding matters of Newport Water Department. No votes were taken.
Items discussed were:
1. Newport Water Department – PUC Application to Change Rates: Docket #4128
2. Newport Water Department – DPUC Complaint re: Emergency Connection Water Use Credit: Docket # D108
A vote was taken and the motion passed with Gaetano Polselli, Jeffrey Richard, Philip Driscoll, Theodore Czech and Ronald Molleur voting in the affirmative.
ADJOURNMENT OF TAX ASSESSOR’S MEETING
Mr. Polselli, seconded by Mr. Richard, made a motion to adjourn the Tax Assessor’s Meeting.
A vote was taken and the motion passed with Gaetano Polselli, Jeffrey Richard, Philip Driscoll, Theodore Czech and Ronald Molleur voting in the affirmative.
ADJOURNMENT
Mr. Richard, seconded by Mr. Polselli, made a motion to adjourn.
A vote was taken and the motion passed with Gaetano Polselli, Jeffrey Richard, Philip Driscoll, Theodore Czech and Ronald Molleur voting in the affirmative.
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Philip T. Driscoll, Clerk