PORTSMOUTH WATER AND FIRE DISTRICT
1944 East Main Road, Portsmouth, Rhode Island
Administrative Board Meeting Minutes
July 15, 2008
OPENING BY CHAIRMAN AND ROLL CALL
The meeting was called to order at 7:15 PM by Philip T. Driscoll, Clerk.
Board members present: Gaetano Polselli, Michael Nott, Philip Driscoll, William Douglas, George Crockett and Ronald Molleur
Board members absent: Joseph A. Magliocco
Also present: William McGlinn, David F. Fox
Mr. Crockett, seconded by Mr. Molleur, made a motion to appoint Mr. Driscoll as Chairman Pro Temp.
A vote was taken and the motion passed with Gaetano Polselli, Michael Nott, Philip Driscoll, William Douglas, George Crockett, and Ronald Molleur voting in the affirmative.
GUESTS – None
CORRESPONDENCE
Mr. Driscoll referred to correspondence from Vickie Newbolt, which praised Michael Hebert for the District’s performance at her property on the pipeline replacement in the tidal flats. It was recommended that the correspondence be included in Mr. Hebert’s personnel file.
Mr. McGlinn stated that he has already done so and, at the suggestion of the Board, added that he will forward a copy to the contractor as well.
Mr. Driscoll referred to an e-mail received from R. Collins, owner of a property on Water Street commending Nathan Lister for outstanding customer service on a dirty water problem caused by her water heater.
Mr. McGlinn added that it has been included in Mr. Lister’s personnel file.
MINUTES OF MEETINGS
Administrative Board Meeting Minutes
Mr. Douglas, seconded by Mr. Crockett, made a motion to accept the Administrative Board Meeting Minutes of June 17, 2008 and Executive Session Minutes of June 17, 2008.
A vote was taken and the motion passed with Gaetano Polselli, Michael Nott, Philip Driscoll, William Douglas, George Crockett, and Ronald Molleur voting in the affirmative.
Mr. Nott, seconded by Mr. Polselli, 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, Michael Nott, Philip Driscoll, William Douglas, George Crockett, and Ronald Molleur voting in the affirmative.
OLD BUSINESS
Revised Audit Schedule
Mr. McGlinn explained that the Administrative Board would normally receive a presentation by the District’s auditor, Mr. Wilkinson, at this meeting; however, due to scheduling issues on Mr. Wilkinson’s end, the Administrative Subcommittee was rescheduled for tomorrow night at 5:00 PM, with the final presentation scheduled to be presented at the next Administrative Board Meeting, which will be within the 90 day period.
Tax Sale Update
Mr. McGlinn stated that two properties were sold during the District Tax Sale.
It was explained that Legislation requires that RI Housing be notified of all properties scheduled to go up for Tax Sale.
It is not known what criteria are used by RI Housing Finance Corporation to purchase a property, but they did purchase one of the properties.
The other property was sold to D. Quinn, through the routine Tax Sale bidding process.
Mr. Polselli asked if RI Housing goes through the Tax Sale process or if they have an exclusive right to purchase properties.
Mr. McGlinn explained that RI Housing has an exclusive right to purchase tax sale properties and are regularly updated on properties removed from the Tax Sale.
The amount to be paid at the Tax Sale includes not only the past due taxes, but fees for advertising, mailings, title search and legal counsel.
It was further noted that, in order to keep the expenses down for the consumer, the District’s Tax Sale is done jointly with the Town’s Tax Sale.
NEW BUSISNESS
Approve Payment of Bills
Mr. Nott, seconded by Mr. Douglas, made a motion to approve the payment of bills listed for July 15, 2008 for the amount of $18,971.84.
A vote was taken and the motion passed with Gaetano Polselli, Michael Nott, Philip Driscoll, William Douglas, George Crockett and Ronald Molleur voting in the affirmative.
Approve RICWFA Capital Expense
Mr. Douglas, seconded by Mr. Crockett, made a motion to approve the RICWFA Capital Expense Payments for the total amount of $698.75.
Mr. Driscoll noted that the payment to RICWFA was to R. L. Merithew, Inc..
A vote was taken and the motion passed with Gaetano Polselli, Michael Nott, Philip Driscoll, William Douglas, George Crockett, and Ronald Molleur voting in the affirmative.
Mr. McGlinn stated that he was contacted by a student of Rensselaer Polytechnic Institute student, Michael Sardinha, a graduate of Portsmouth High School, expressing interest in interning with the District. Mr. Sardinha is a Civil Engineering student, Navy ROTC that has three weeks during the summer to come to the District to perform some computer work and observe the operation of the District.
He will receive exposure to the civil field, which focuses on water systems, and he will also spend approximately one week with a local surveyor.
Since there is no expense relative to paying Mr. Sardinha, and he is not eligible for Workers Compensation, the District’s insurance company will be forwarding a letter confirming that Mr. Sardinha would be covered under the District’s Liability Insurance, should something happen to him out in the field.
REPORT FROM GENERAL MANAGER
Water Service Applications – PRESENTED
In response to a question from Mr. Driscoll, Mr. McGlinn explained that the Water Service Applications are presented each meeting in order to keep the Board Members up to date as to how many remaining pre-approved service connections remain.
Demand Report – PRESENTED
Maintenance Report - PRESENTED
Mr. Driscoll noted that during a conversation with Armand Beaudoin, one of the District’s Senior Distribution System Operators, he was informed that each field member services approximately 50 hydrants each year.
Mr. McGlinn noted that the estimates are correct for the past year, with concentration being applied toward the replacement of all the Eddy Hydrants over the past five years.
Water Quality Update – Lead
Mr. Nott asked for an update on the sampling issues on the Large Butts Hill Tank.
Mr. McGlinn stated that the measurable VOC amount for xylenes is 0.5 parts per billion (ppb), with the standard being 10,000 ppb. As an example, if the District had 9,000 ppb of xylenes in water purchased from Newport, it would not be in violation, but the District would be required to report it in its Consumer Confidence Report.
Per the RI Department of Health, when a tank is taken off-line it essentially has to have less than 0.5 ppb xylenes before it can be restored to on-line status.
After VOCs were detected when the tank was filled to 10 feet, the District’s course of action was draining the tank to empty. The tank was then refilled to 8 – 10 feet and retested, with no detectible VOCs. The tank was completely filled, but needed to be completely emptied due to VOCs being detected when full.
Concrete tanks tend to be more difficult because the walls are a foot thick and act as an insulator, keeping the coolness in rather than allowing heat to enter the interior and basically cook the VOCs off the paint.
It was noted that the District’s contract requires the District to fill the tank one time only, with the contractor responsible for subsequent refilling.
Mr. McGlinn began his presentation on the Phase 15 - Lead and Copper Sampling that was conducted during June 2008.
In accordance with EPA requirements, thirty high risk properties were sampled. High risk properties include houses constructed between 1982 and 1987. With the EPA Action Level of 15 ppb, the District’s samples were less than 5 ppb, resulting in the 90th percentile being non-detectible for lead.
The District’s testing for copper has never resulted in issues, with Phase 15 coming in well below the EPA Standards.
Mr. McGlinn explained that the 2001 Phase 7 consisted of three samplings, with the 90th percentile being 25 ppb, when the standard is 15 ppb. At that time is was thought that it was due to supplying the north end of town with water purchased from Newport Water Department when it was previously supplied from Stone Bridge.
Samplings for 2003 and 2004 were in compliance, but the District exceeded standards during the 2005 samplings. At that time the District researched a little more thoroughly into Newport Water Departments’ records and found that there was an apparent pH problem.
Newport Water Department’s target pH is 8.3 and they have been averaging 8.5 after much negotiating between the District, PUC and Newport Water Department.
Although Newport disagreed, the data has shown a clear correlation between the District’s high lead results during the time that Newport Water Department had low pH.
It was explained that if chloramines are not treated properly, they can release lead. An expert panel has recommended to Newport that they change its chemical treatment from lime to caustic soda, which is a more stable and easier method to stabilize pH and raise the pH.
Update on Legislation of Interest
Mr. McGlinn noted the statuses of the various legislations are;
1. S2037 – example – if the District’s water utility is in the way of a public works project, the District would be required to move its mains out of the way – Did not pass and was held for further Senate study.
2. Water Reorganization bills –
a. S2637 – RI Shared Water Resources Act – sponsored by the Coalition for Water Security – attempting to place all of the water issues under DEM – this is the bill that would have instituted quarterly meter readings soon and potentially into monthly meter readings within a certain time frame. It was held for further study in the Senate and the House continued it.
b. S2798 – Focus on conservation planning through state and local water systems rather than mandating conservation measures. Water Resources Board, DEM, Department of Health and PUC would all belong to a Board. It did not pass the House or Senate.
3. H8190 - Hydrant Fee City Ordinance Bill – would allow the City or Town to have an ordinance exempting them from paying fire hydrant fees to the local water utilities. The District expressed its opposition to its Legislators and the Governor. Vetoed by the Governor; however it could be brought up again later this summer or fall when the General Assembly reconvenes. Despite the District’s written opposition to legislators, local legislators voting in favor of the bill were Representatives Rice and Gallison, and Senator Levesque.
Mr. Driscoll noted that if that bill had passed, the District’s tax rate would need to increase.
Navy Water Service
Update on Permanent Solution and Contract Extension Request
Mr. McGlinn suggested the discussion be moved to Executive Session.
Lead Soil Remediation
Update on Project Status
Mr. McGlinn explained that the Board was made aware of the soil samplings performed, results of the soil samples, limits of the contaminated soil and amounts of soil needing to be removed as part of the remediation.
A Public Meeting was held, which presented the District’s findings and what is planned to mitigate them.
DEM attended the meeting and expressed that they were satisfied that Public Process had been followed.
The remediation project was separated into two separate contracts, with two different Site Investigation Reports prepared; one for Butts Hill and the other for Quaker Hill. Upon consultation with Mr. Nicholson of C & E Engineering, it was suggested that more bidders may be obtained if the sites are handled as two separate projects.
Mr. Douglas, seconded by Mr. Molleur made a motion to authorize the solicitation for two soil remediation contracts.
A vote was taken and the motion passed with Gaetano Polselli, Michael Nott, Philip Driscoll, William Douglas, George Crockett, and Ronald Molleur voting in the affirmative.
Update on Water Storage Tank Rehabilitation Project
Mr. McGlinn stated that, based on the District’s current schedule, it is expected that the sites can be released to the tank contractors around mid October. Flexibility is being given to them to possibly make the tanks available to them during the winter or to schedule the work for early spring.
During inclement weather, two small tanks could be drained at either end of the system in order for them to install the mixing system piping and complete the mechanical work needed. If they choose to heat the tanks to allow painting, they will have that option.
Indications from the contractor are that they may work on all three tanks before the bad weather arrives, using an extra crew and working on two tanks at a time.
Property and Liability Insurance Renewal
Mr. McGlinn referred to a Memorandum of Agreement prepared by Terrence J. Curtin of Kevin F. Donohue & Associates.
Three years ago the District accepted the lowest and most favorable bid from Feitelberg Insurance, now HUB International Ltd (HUB). Unlike previous years, the District is currently not able to obtain more than a one year insurance policy. The District was able to renew the policy after one year, without going out to bid, with the same carrier, at no increase to premium. This past year the premium was reduced by 8%.
Last year the Board discussed the possibility of going out to bid; however, from a cost standpoint of $8,500 - to obtain the services of Kevin F. Donohue & Associates to prepare specifications and review the submitted bids - the District moved to the preliminary stage of discussing the possibility of continuing the current program for another year. Inquiries are being made relative to the premium cost, including any reduction of premium.
Also being considered is the possibility of obtaining a multi-year package plan.
It was suggested that inquiries be made to get a sense as to whether the current carrier is interested in renewing, whether there will be a reduction in the premium and whether it’s the most favorable policy for the District. By placing inquiries, the District may be able to avoid payment of $8,500 to Kevin F. Donohue & Associates for their in-depth service for the District. If the Board is not satisfied with the results, there is the option to authorize the solicitation for bids.
Request Authorization to Solicit Proposal(s) as Determined by the Board
Mr. Fox explained that Kevin Donohue and Associates provides three options to the District. One option is not considered to be cost effective because the cost associated with their service is equal to approximately one third of the insurance premium.
Another optional service includes a review of the District’s coverage to make sure it is adequate and appropriate, given the exposure the District has. It is believed that this is performed each year at renewal time.
A comprehensive review of the operational aspect of the District is performed to determine what insurance is needed. The District would then solicit proposals and Donohue would compare the submissions for the most favorable policies.
Mr. Nott, seconded by Mr. Douglas made a motion to solicit proposals from Hub International Ltd, the existing carrier, for one, two or three year periods.
A vote was taken and the motion passed with Gaetano Polselli, Michael Nott, Philip Driscoll, William Douglas, George Crockett, and Ronald Molleur voting in the affirmative.
REPORT FROM LEGAL COUNSEL
Mr. Fox noted that his presentation will be presented under Executive Session
EXECUTIVE SESSION 42-46-5
Mr. Nott, seconded by Mr. Douglas, made a motion to go into Executive Session to discuss contract negotiations with the Navy.
A vote was taken and the motion passed with Gaetano Polselli, Michael Nott, Philip Driscoll, William Douglas, George Crockett, and Ronald Molleur voting in the affirmative.
The Board is back in open session.
DISCLOSURE OF EXECUTIVE SESSION VOTES & DISPOSITION OF EXECUTIVE SESSION MINUTES
Mr. Nott, seconded by Mr. Douglas, made a motion to seal the Executive Session Minutes of July 15, 2008. Discussed was the request from the Navy water service to extend their contract. One vote was taken on that matter to have the District’s legal representative send a letter to the Navy expressing its wishes on that matter.
A vote was taken and the motion passed with Gaetano Polselli, Michael Nott, Philip Driscoll, William Douglas, George Crockett and Ronald Molleur voting in the affirmative.
ADJOURNMENT
Mr. Crockett, seconded by Mr. Polselli made a motion to adjourn.
A vote was taken and the motion passed with Gaetano Polselli, Michael Nott, Philip Driscoll, William Douglas, George Crockett and Ronald Molleur voting in the affirmative.
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Philip T. Driscoll, Clerk