Board of Public Works

Minutes Board of Public Works Meeting of January 24, 2013 A regular meeting of the Board of Public Works was held Thursday, January 24, 2013 at 2:00 p.m. at the Division of Public Works, Administration & Engineering offices, 9 Riverside Street, Nashua, NH 03062. Members Present Mayor Donnalee Lozeau, Chairman Lisa Fauteux, Director Dan Gagnon, Commissioner Stephen Dookran, City Engineer Tracy Pappas, Commissioner Nick Caggiano, Superintendent, Parks & Recreation Kevin Moriarty, Commissioner Mario Leclerc, Superintendent, Wastewater Andy Patrician, DPW Operations Manager Jeff LaFleur, Superintendent, Solid Waste Carolyn O’Connor, Finance & Admin. Mgr. Jill Lavin, DPW Admin. II Also Present Mark Cookson, Aldermanic Liaison Mayor Lozeau called the meeting to order and requested a roll call. Commissioner Pappas: Present Commissioner Moriarty: Present Mayor Lozeau: Present Vice Chair Lavoie: Absent Commissioner Gagnon: Present I. MOTION: Commissioner Pappas to approve the Agenda as presented. SECONDED: Commissioner Moriarty MOTION CARRIED: Unanimously II. MOTION: Commissioner Pappas to approve the Minutes of the Board of Public Works Meeting of December 20, 2012. SECONDED: Commissioner Moriarty MOTION CARRIED: Unanimously III. Public Comment: Resident Geoffrey Daly of 48 Walden Pond Drive expressed opinion regarding composite material being used in bridge construction. Mr. Daly has researched bridges in which composite material has been used and would like the board to recognize the information in the upcoming construction. Mr. Daly references correspondence letter from Fay, Spofford & Thorndike regarding composite beams and disagrees with the information contained in that letter and has been in contact with Federal Highway personnel in Washington, DC who would like to share information on the Highways for Life Program. Mr. Daly  Minutes Board of Public Works Meeting of January 24, 2013 Page | 2 would like Mr. John Hillman and the Federal Highway representative to do a presentation for the City. Mayor Lozeau explained that the process of bidding is strictly defined by the NHDOT and she does not want any pre-bid relationship with Mr. John Hillman to impede his ability to bid on future projects. Resident Daniel Richardson of 7 Berkeley Street expressed an opinion regarding Greely Park Renovations and concern for constructing a parking lot. IV. Step III AFSCME Grievance A. Grievance 12-30: Matt Eiserman represented AFSCME Union opening with description of 11/05/12 occurrence in the Park and Recreation Department being that Parks employees sat home while Streets personnel did Parks Dept work clearing and cutting trees. Superintendent Caggiano responded that he was working with the EOC and Director Fauteux putting two crews out, one Parks and one Street Dept. The issue at hand being Hurricane Sandy bringing different issues such as trees, wires and possible sink holes from the ensuing storm. Director Fauteux stated that it is difficult to argue recovering trees and debris from the streets to keep them open for emergency equipment is not Street Department work. Mayor Lozeau stated that EOC deals with Directors and Superintendents and that both sides present reasonable argument. Commissioner Pappas would like to see that the issues of calling out be cleared up. Commissioner Gagnon feels as though we staffed two crews to be on standby, and does the Union feel that all Streets should be called in because one crew was there? Union felt that those two additional employees be called before Streets staff called. MOTION: Commissioner Pappas to approve Grievance #12-30 SECONDED: Commissioner Gagnon MOTION FAILS: In favor: Commissioner Pappas Opposed: Mayor Lozeau, Commissioner Gagnon, and Commissioner Moriarty MOTION: Commissioner Gagnon to deny Grievance #12-30 SECONDED: Commissioner Moriarty MOTTION CARRIED: Majority. In favor: Mayor Lozeau, Commissioner Gagnon, and Commissioner Moriarty. Opposed: Commissioner Pappas. B. Grievance #12-31: Matt Eiserman represented AFSCME Union opening with description that Chamber of Commerce held event at Holman Stadium 2  Minutes Board of Public Works Meeting of January 24, 2013 Page | 3 on 10/28/12. Chamber staff returned to the stadium to retrieve event items with a City employee present. The following day, Chamber staff came in and picked up more items without a City employee present. Grievant is looking for a 3 hour call in as compensation. Superintendent Caggiano stated Chamber held event on Friday night, Saturday scheduled to breakdown of event and City staff was scheduled to be there during the breakdown of event. The following day the Chamber event coordinator came back to pick up the remainder of items without notifying the City. Director Fauteux added that Public Works does not own the stadium and that the Chamber had every right to retrieve their items, given that the stadium was open. Matt Eiserman stated that he spoke to someone and that the stadium was locked and that they opened it up. Mayor Lozeau’s perspective is that Holman stadium is a public facility and that people ought to be able to go in and get their items. And that we don’t need a staff member. If they were setting up an event, than we should have staff there to be sure that things are plugged in properly. Commissioner Moriarty would like to reiterate that the backup for the contract references was not included. MOTION: Commissioner Moriarty to deny the grievance as presented. SECONDED: Commissioner Gagnon MOTION CARRIED: Unanimously V. Aldermanic Referrals – N/A VI. Broad Street Parkway A. Informational: Overall Status of the Broad Street Parkway Update/Pine & Palm Parking. John Vancor updates board going through report. Regarding chimney, we have revised bid documents and are hoping to hear back very soon from Federal Highway that they are in agreement with changes. Director Fauteux advises that this afternoon we received word from Federal Highway giving us permission to re-advertise the chimney. At the Executive Management Committee monthly meeting, an alternative to the retaining walls and a submission has been made to Fay, Spofford and Thorndike and they agree that there are some changes that could significantly reduce retaining walls estimated at $800,000. In the beginning, the bridge retaining walls were designed for the four lane highway. Next week there is a meeting with NHDOT and then Federal Highway. 3  Minutes Board of Public Works Meeting of January 24, 2013 Page | 4 Under right of away, the appraisers are at capacity and we are working on getting two more appraisers who are willing to put in bids to help maintain the Parkway schedule. A plan has been designed for the overall strategies regarding parking, crosswalks as well as bike lanes and the speed of traffic. The reduction in parking spaces in the areas of raised cross walks will enhance safety. For bicyclists there is a 5 ft shoulder provided. On street parking has been reduced generally in the areas of crosswalks. The total number of parking spaces that currently existing is 96 spaces in the project area. There are about 20 spaces which are marked as time restricted spaces. A condition to monitor as the project continues will be the flow of traffic in the signalized areas. These signals are adjusted by radar detectors. Once the Parkway kicks in, ultimately, the spaces will be reduced to 51 as the demand for more flow comes into the area at rush hour. There have been some adjustments already made in these areas. The use of the radar is being implemented wherever the new signal heads are. VHB did the design and they are doing the CMAQ project for the whole city. Commissioner Pappas would like an update on when the CMAQ project will start. The long schedule for this project is around 18 months. All new signal heads involved in the CMAQ project will be delineated by the yellow strip on the outer border of signal head. B. MOTION: Commissioner Moriarty to approve professional services contract with Historic Documentation Company of Portsmouth, RI to perform Architectural Historian Services as related to the Baldwin Street and Fairmount Street Bridges for the Broad Street Parkway project in the amount of $43,075. Funding for this contract is through Department 161 Engineering; Fund Bond; Activity: Broad Street SECONDED: Commissioner Gagnon MOTION CARRIED: Unanimous DISCUSSION: Steve Dookran spoke to two motions related to this work. Historical Resources has signed off on these vendors as qualified vendors. Commissioner Moriarty requests information on owner of railroad trestles and could the City purchase these trestles. Originally owned by Railroad Company, and State acquired them and maintained them. Once the City signed off to municipally manage them, there was some confusion. If the State released and the trestles became available, the City could look into purchasing them. Some of it has already been turned over to the City. There are a couple prospective areas for placements for the bridges. The canal on Bridge Street to allow pedestrian access, Mohawk Tannery land to connect to Mine Falls Park and possibly Rotary Common. Commissioner Pappas expressed concerns regarding the trestle on Locke Street and lack of maintenance on bridge. 4  Minutes Board of Public Works Meeting of January 24, 2013 Page | 5 C. MOTION: Commissioner Moriarty to approve a professional services contract with Vanasse Hangen Brustlin, Inc. of Watertown, MA to perform Architectural Historian Services for the Broad Street Parkway project in the amount of $15,003. Funding for this contract is through Department: 160 Engineering; Fund: Bond; Activity: Broad Street Parkway Project SECONDED: Commissioner Gagnon MOTION CARRIED: Unanimous DISCUSSION: Engineer Dookran explains that this is a smaller contract for a couple of tasks regarding our obligation with Federal Highway and the State and has to do with the documentation with 28 Fairmount as well as documenting what is called Fairmount Heights. They go in and photograph each building within that area. D. MOTION: Commissioner Moriarty to approve a professional services contract with Haley & Ward, Inc. of Maynard, MA to design a pump to replace the Millyard Fire Pump which will be impacted by the Broad Street Parkway in the amount of $45,460. Funding for this contract is through Department: 160 Engineering; Fund: Bond; Activity: Broad Street Parkway Project. SECONDED: Commissioner Pappas MOTION CARRIED: Unanimous DISCUSSION: Mayor Lozeau explains that this is a fire pump that has provided services to all the business in the Mill Yard. Where the Parkway is coming in, the pump needs to be relocated. Discussions have taken place with the owners and it is their decision to keep one pump as opposed to individual services. Alderman Cookson questioned the water supply to this pump and costs associated with hydrant service from Pennchuck. Engineer Dookran advises that service will come from the water main and not the canal. Mayor Lozeau adds that any charges incurred will be billed to the Mill Yard Association and this is not a typical hydrant; it is more of a fire system. The City is responsible for installing the system service but not for the usage. The salvage from the old pump is the property of the Mill Yard and the determination on disposal is theirs. It is the City’s expectation that the new pump will be housed in a portion of the Nimco building. E. Informational: Letter from Fay, Spofford & Thorndike regarding composite beams. DISCUSSION: John Vancor brought to attention some items on the Parkway timeline which has been discussed at the joint meeting regarding girder design and the addition of two outlooks on the river bridge. A review of the options was presented on the potential girder design and the straight girder was determined to be the desired option. The Board agreed to add the bridge outlooks to the River Bridge. The Baldwin and Fairmount Street bridges will look like standard DOT bridges with possible enhancements added at a later date. After a slide review of the options on wide pier infill or low maintenance 5  Minutes Board of Public Works Meeting of January 24, 2013 Page | 6 landscape design, a determination was made that the low maintenance landscape design would be preferred instead of the expense of wide pier infill. A girder with a slight haunch will be used on this bridge. Discussion on the alternatives to rails on the bridge focus on the neighborhood surrounding the bridge and Mayor Lozeau would like to see alternatives to basic chain link fence. A suggestion by Mayor Lozeau would be to have a higher fence along the distance of the bridge. Mayor Lozeau would like to see the option of concrete surface treatment alternatives such as color worked up into revised bids. MOTION: Commissioner Moriarty to approve the straight girder design for the river bridge and the addition of the (2) outlooks. SECONDED: Commissioner Gagnon MOTION CARRIED: Unanimous VII. Parks & Recreation Department A. Informational: MOTION: Commissioner Pappas would like to accept letters from various agencies and residents regarding the Legacy Playground project. SECONDED: Commissioner Gagnon MOTION CARRIED: Unanimous DISCUSSION: Mayor Lozeau has made a request for a professional opinion regarding Autism as it relates to the Greely Park and Sargent Ave locations as well as sketches regarding the footprint of the park layout and road usage and the potential for another grant opportunity. VIII. Solid Waste Department A. MOTION: Commissioner Pappas to approve the purchase of a John Deere 844K Series II Wheel Loader for the Solid Waste Department from Nortrax, Inc. of Pembroke, NH at a cost of $345,000 pending CERF approval. Funds for this purchase will be from Department: 168 Solid Waste; Fund: CERF; Account Classification: 81 Capital Outlay/Improvement SECONDED: Commissioner Moriarty MOTION CARRIED: Unanimous DISCUSSION: Mayor Lozeau questioned if this piece of equipment was a replacement and Director Fauteux confirmed that it is a replacement piece. Commissioner Moriarty inquired if this item was budgeted for and Director Fauteux confirmed that it was budgeted for this year. Commissioner Pappas commented that the piece of equipment being replaced currently has over 19,000 hours on it and that it is from 1999. IX. Wastewater Department A. MOTION: Commissioner Pappas to approve the User Warrants as presented. 6  Minutes Board of Public Works Meeting of January 24, 2013 Page | 7 SECONDED: Commissioner Moriarty MOTION CARRIED: Unanimous B. MOTION: Commissioner Pappas to approve the purchase of a new Sewer Cleaner for the Wastewater Department from C N Wood Co., Inc. of Woburn, MA at a cost of $298,939. Funding for this purchase will be through Department: Wastewater; Fund Wastewater; Account Classification: 81 Capital Outlay/Improvement SECONDED: Commissioner Moriarty MOTION CARRIED: Unanimous DISCUSSION: Mayor Lozeau inquired if this is the Vactor truck and Director Fauteux confirmed it is. Commissioner Pappas inquired if we notice a difference in the use when sand in applied to the roadways. Superintendent Leclerc confirmed that we do not. The catch basins are cleaned regularly and we have not seen an impact. X. Street Department A. MOTION: Commissioner Pappas to approve the purchase of two (2) new 4 Wheel Drive Backhoe Loaders one for the Street Department and one for the Park & Recreation Department from Southworth-Milton (Caterpillar) of Hopkinton, NH at a cost of $210,435 pending CERF approval. Funds for this purchase will be from Department 161 Street; Fund: CERF; Account Classification 81 Capital Outlay/Improvement and Department: 177 Park & Recreation; Fund: CERF; Account Classification: 81 Capital Outlay/Improvements SECONDED: Commissioner Moriarty MOTION CARRIED: Unanimous DISCUSSION: Mayor Lozeau comments that these items are pending approval at the next CERF committee meeting. XI. Engineering Department A. MOTION: Commissioner Pappas to approve the Residential Wastewater Service Permits and Fees as submitted. SECONDED: Commissioner Moriarty MOTION CARRIED: Unanimous B. MOTION: Commissioner Pappas to approve the following Pole License Petition: Pole license 253406 installation of one pole on Pine Hill Road SECONDED: Commissioner Moriarty MOTION CARRIED: Unanimous 7  Minutes Board of Public Works Meeting of January 24, 2013 Page | 8 C. MOTION: Commissioner Pappas to approve award of the contract for the Structural Evaluation of the Main Street Sidewalk Basement Vaults to Hoyle, Tanner & Associates, Inc. of Portsmouth, NH in an amount of $45,005. Funding will be through: Department: Street; Fund: General; Activity: Main Street. SECONDED: Commissioner Moriarty MOTION CARRIED: Unanimous DISCUSSION: Commissioner Pappas inquired into the issue of the Commissioners not being notified of the problem at Darryl’s until there we read it in the paper? Mayor Lozeau responded that she was unaware that the issue had been finalized and has requested that in the future, Risk inform us ahead of time. Commissioner Pappas inquired about structural damages done to sidewalk areas that Hoyle, Tanner & Associates, Inc, do not identify. Commissioner Pappas is wondering who will have to pay for that. Mayor Lozeau explains that the structural engineer will be working on a plan to identify structural issues as well as the sustainability of current structures. Construction in years prior did not leave a good record which now creates challenges that will be identified by this structural evaluation. D. MOTION: Commissioner Moriarty to accept the update on Quarterly Report to EPA on CSO Consent Decree. SECONDED: Commissioner Gagnon MOTION CARRIED: Unanimous XII. Administration A. Sidewalk Discussion: Mayor Lozeau inquired as to how far we are in the finalization of the sidewalk engineered design? Director Fauteux advised we are half done and that the conceptual design is three quarters done. Mayor Lozeau would like to make sure that if anyone objects or has a concern, we could look at if before final design. B. Director’s Report: Director Fauteux presented the Director’s Report to the Commissioners. XIII. Commissioner’s Comments: Commissioner Pappas: Commented on work being done at Foster Square and the cleanup of debris. Engineer Dookran advised that we hired a contractor to do some drainage work to take care of some flooding in that area. In order to do the work, they had to remove a couple trees and that is what the clean-up work being done before and after the relocation of the drainage and gas line. Alderman Cookson: Inquired about Nashua Telegraphs mentioning an OHSA violation with DeFelice. Director Fauteux advised that on Wed Jan 9th the Telegraph reported that contractor DeFelice had been fined by OSHA for safety 8  Minutes Board of Public Works Meeting of January 24, 2013 Page | 9 and health violations in upward of $55,600 for alleged violations. The City did contact DeFelice and requested information as to what precautions had been put in place to ensure this would not happen again. The contractor responded in writing that the employee was suspended for two weeks and required to attend a two hour training prior to his return to work and further issued a letter to each employee informing them of the seriousness nature of their work and that violations of safety policies and government standards will not be tolerated. They have also hired a third party for safety oversight and have increased their presence on all sights and projects. City Attorney, Steve Bennett has been contacted to review and does not believe that the City incurs any liability for DeFelice’s failure to abide by OSHA requirements and went on to say that our inspectors are inspecting the work and not the safety issues. Our inspectors should report if they see any work being done in an unsafe manor. Mayor Lozeau wanted to clarify that the division was not aware of the situation and that a staff member was told something had happened and that there may potentially be a problem. The City staff is now aware of the protocol if something like this should happen in the future. Alderman Cookson: Is there any process in place to determine if any OSHA violations are in place, would this impede the vendor’s ability to bid for future jobs? Mayor Lozeau: If we are hiring a contractor to do projects of that nature, we certainly would go the extra mile. There is an expectation that the professionals here to do a thorough job. Engineer Dookran: Standard process for us is to thoroughly check references and you would find any safety issues. Some contractors in the past have had safety issues and over time have corrected them. Mayor Lozeau: Whoever is responsible for the bid document and recommendation, it is their responsibility, sometimes it is the City Engineer and sometimes it will be the Director’s. XIV. Possible Non-Public Session 9