Board of Public Works

Minutes Board of Public Works Meeting of November 21, 2013 A regular meeting of the Board of Public Works was held Thursday, November 21, 2013 at 5:30 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 of Public Works Tim Lavoie, Commissioner, Vice Chair Jeff Lafleur, Superintendent, Solid Waste Tracy Pappas, Commissioner Nick Caggiano, Superintendent, Parks Department Kevin Moriarty, Commissioner Dan Gagnon, Commissioner Mark Cookson, Aldermanic Liaison (absent) Guests John Vancor, P.E., HSI, BSP Project Manager Dick Lavoie, Triangle Credit Union Mayor Lozeau called the meeting to order at 5:30pm and called the roll. Commissioner Pappas: Present Commissioner Moriarty: Present Vice Chair Lavoie: Present Commissioner Gagnon: Present Mayor Lozeau: Present I. MOTION: Commissioner Pappas to approve the Amended Agenda as presented. SECONDED: Commissioner Moriarty MOTION CARRIED: Unanimously Discussion: Director Fauteux outlined the changes that were made to the goldenrod agenda. Two grievances have been removed. A bid for the BSP was changed, and a motion for a Street Department Foreman was added. II. MOTION: Commissioner Gagnon to accept the Minutes of the Board of Public Works Meeting of September 19, 2013 and the Minutes of the Board of Public Works Non-Public Meeting of September 19, 2013. SECONDED: Commissioner Moriarty MOTION CARRIED: Unanimously Discussion: The Mayor reminded the Board that the minutes had been held until the verbatim minutes of the Public Comments section could be added. III. MOTION: Commissioner Gagnon to approve the Minutes of the Board of Public Works Meeting of October 17, 2013 and the minutes of the Non-Public Meeting on October 17, 2013. SECONDED: Commissioner Moriarty MOTION CARRIED: Unanimously  Minutes of the Board of Public Works Meeting of November 21, 2013 Page | 2 IV. Public Comment Mrs. Paula Johnson of 14 Meredith Drive spoke regarding her concern over an editorial in the Telegraph which said the trees on Main Street had been planted improperly. The Mayor told Ms. Johnson that the trees were planted in accordance with the specifications by the landscape architects. The Mayor said that a memo from Parks Superintendent, Nick Caggiano stating that the trees were planted according to specification would be added to the minutes of this meeting. Mrs. Johnson then spoke of her concerns that due to the expansion of the Church on Main Street, five stores were closing but that the City would continue to improve the sidewalks, even with the lost business. The Mayor related that the City would try to assist those businesses to find new homes. Mrs. Johnson asked if the Legacy Playground group did not hit their target for funding the playground if City funds would be used to make up the difference. The Mayor told her no City funds would be used to fund the project. Commissioner Pappas said she would miss the barber shop. Mr. David Pierce of 13 Manchester Street spoke of safety concerns at the Mt. Pleasant School. The first issue concerns the stretch of sidewalk between Manchester St. and Concord Street (west to east) that is too narrow for the City snow blowers and is, therefore, not cleaned. Children traverse this route to the Mt. Pleasant School and Mr. Pierce is concerned for the safety of the children. The Mayor said that we would take a look at that sidewalk. The second issue is concerning the school crossings in that same location. There are cars parking too close to where the bus stop is and Mr. Pierce would like the marked parking spaces looked at as he does not believe they are legal. Mr. Pierce believes there will be an accident in this location. Mr. Pierce suggested a potential solution. The Mayor said that we would look into it. Mr. Pierce says he would like a response within 7 days. Eric Brand requested some information on the Special Board of Public Works for discussion on the Legacy Playground. The Mayor confirmed that the Aldermen will be notified of the meeting. V. Step III AFSCME Grievances A. MOTION: By Commissioner Lavoie that Grievance 13-46 are denied based on the fact that the grievant did not meet the minimum requirements for the position. SECONDED: Commissioner Gagnon MOTION CARRIED: Unanimously Discussion: Joe Anderson, Chief Steward of AFSCME Local 365, spoke on behalf of the Union. Mr. Anderson said that Mr. Mulvey was fully qualified but had been denied the position at the Parks Department due to the fact that he has a restriction on his license. The Union would like him placed in the position and be made whole. The job requires a Class-A License. The PDF requires that the operator be able to move equipment with a tractor trailer or a 2  Minutes of the Board of Public Works Meeting of November 21, 2013 Page | 3 dump truck with a tag-along. The restriction does not allow Mr. Mulvey to use a tractor trailer. Nick Caggiano, Superintendent of Parks and Recreation, spoke on behalf of the City. He said this position is recently created. The position was created in conjunction with the President of the Union, Matt Eisermann, and the language was developed then. Mr. Caggiano said when the posting went up there were rumblings that Mr. Mulvey did not have the required license to run the equipment as documented. During the interview, Mr. Mulvey said that he did, in fact, have a restriction on his license. Human Resources was consulted and told Superintendent Caggiano that Mr. Mulvey was not minimally qualified per the requirements of the PDF. Therefore, he was denied the position. Director Fauteux added that there were other internal candidates who were minimally qualified for the position. Mr. Mulvey then questioned why he was interviewed previously for other positions and it was never an issue that he had a restriction on his license. Director Fauteux said that she had not been aware that the restriction existed. When he got his position at the Street Department in 2005, he had the same restriction on his license and it was never an issue. Mr. Caggiano said that he was confident that the PDF did not require a tractor trailer be driven. Commissioner Pappas asked if the restriction was actually on the license. The answer was affirmative. The Mayor stated that the question on the table is whether it is an either-or situation. She said the City’s position is that the operator is required to do both. Mr. Westaway said that the Director told him that he could volunteer or be mandated to do the job. Director Fauteux said that she recalled telling Mr. Westaway that he could stay in the rotation as long as he was being asked to perform tasks that he was qualified for. There was discussion regarding how long the restriction had been on Mr. West way’s license and how long he had had to have the restriction removed. The Mayor suggested to Mr. Mulvey that he might want to have his restriction removed to make him qualified without reservation for positions in the future. Commissioner Pappas suggested that photocopies of licenses might be used in the future to verify qualifications so there would be no doubt about the restrictions. The Mayor suggested that future PDF’s would state “unrestricted” CDL requirements. Commissioner Moriarty asked who pays for the removal of the restriction. The operator would pay for any tesing to remove a restriction. Mr. Westaway repeated that he would be willing to do whatever it takes to be qualified. Mr. Anderson stated that the Union’s position is that the PDF stated “or” meaning that either piece of equipment could be used and therefore, Mr. Westaway meets the minimum requirements. The Mayor reiterated that the requirement, as stated in the PDF, means that both types of equipment can be used so the restriction disqualified Mr. Westaway from meeting the minimum. B. MOTION: By Commissioner Lavoie to deny Grievance 13-47 as the position was closed prior to the application being submitted. SECONDED: Commissioner Gagnon MOTION CARRIED: Unanimously 3  Minutes of the Board of Public Works Meeting of November 21, 2013 Page | 4 Discussion: Joe Anderson, Chief Steward of AFSCME Local 365, spoke on behalf of the Union. He said that Mr. Mulvey had been denied the position of Solid Waste Attendant. Mr. Anderson stated that, once Mr. Mulvey realized that he would not get the Operator Position, he applied for the Solid Waste Attendant position, on September 9, 2013. At that time Mr. Diaz in H.R. told Mr. Westaway that, per Superintendent Lafleur, we were no longer taking applications for the position. The Union feels that typically postings are in effect until a suitable candidate is found. The Mayor asked if the candidates that had already submitted applications may have been deemed suitable based on their applications. The Union then asked, if that were so, why weren’t the postings removed. They think that is misleading. The Mayor does not disagree that the postings should be removed when they are done. Mr. Westaway restated that he was told that, “per order of Superintendent Lafleur”, no more applications were being accepted for the position. Superintendent Lafleur stated that Mr. Westaway went to City Hall to apply on September 11, 2013 and that the posting came down on September 10. Jeff said that he had already identified a qualified candidate. The Director stated that we had followed procedures, posted for 15 days, and had found a suitable candidate. The Mayor clarified that the application was not denied because “Superintendent Lafleur” did not want anymore applications. Mr. Westaway then stated that he did not think that his application was specifically denied because Superintendent Lafleur said he would not accept his application. Commissioner Moriarty said he was glad that the question of any impropriety was cleared up and said it sounds like a clerical and encouraged Mr. Westaway to keep trying to further himself. VI. Broad Street Parkway A. INFORMATIONAL: Overall Status of the Broad Street Parkway John Vancor presented the status updates for the project. The information is posted on the City web-site. Discussion: Mr. Vancor clarified that the Baldwin Street Bridge was being dismantled, not demolished and that would finish up next week. The Mayor asked that, because it was a requirement to preserve the materials, could the City actually use the material. Mr. Vancor discussed the condition of some of the materials so far. Mr. Vancor clarified that the contractor is responsible for any unusable materials recovered during the dismantling. B. MOTION: Commissioner Pappas to approve the construction services contract to the low bidder Francesco Demolition Inc. of Duxbury, MA for the Building Demolition 28 Fairmount Street & 73-75 Broad Street in the amount of $69,400. Should low bidder Francesco Demolition be unable to contract for the services approve contract with second lowest bidder Jay-Mor Enterprises, Inc, Pelham, NH in the amount of $88,830. Funding for this contract is through Department 160 Admin/Engineering; Fund: Bond; Activity: Broad Street Parkway. SECONDED: Commissioner Moriarty MOTION CARRIED: Unanimously 4  Minutes of the Board of Public Works Meeting of November 21, 2013 Page | 5 At this point, the Mayor asked if there were no objections, they move to the SummerFun Presentation. There were no objections and so the SummerFun Presentation was heard at this point. The single Parks Department Motion was then heard and acted on. The Mayor asked Allison Cote, the recently-hired Citizen’s Services Coordinator, to introduce herself and to tell the Board a little bit about her background. The normal agenda order was resumed. VII. Wastewater Department A. MOTION: Commissioner Pappas to approve the User Warrants as presented. SECONDED: Commissioner Moriarty MOTION CARRIED: Unanimously B. MOTION: Commissioner Pappas to accept the retirement of Richard Gagnon, Mechanic, Wastewater Department, effective November 21, 2013. SECONDED: Commissioner Moriarty MOTION CARRIED: Unanimously VIII. Street Department A. Motion: Commissioner Pappas to approve the addition of two truck driver positions. Starting salary for each position will be $20.80 per hour for a yearly salary of $43,259. Funding for these positions is through Department: 161 Streets; Fund: General; Account Classification: 51 Salaries and Wages. SECONDED: Commissioner Moriarty MOTION CARRIED: Unanimously Discussion: There was discussion regarding what information is kept on file at the Risk Department regarding driver qualifications. B. MOTION: Commissioner Lavoie to accept the letter of retirement from Mr. Norman Litalien, Street Department Foreman, effective November 8, 2013. SECONDED: Commissioner Gagnon MOTION CARRIED: Unanimously C. Motion: Commissioner Pappas to approve the hiring of Jill Lavin to the position of Operations Coordinator, Street Department. Starting salary for this position will be $19.70 per hour for a yearly salary of $40,973. Funding will be through: Department: 161 Street Department; Fund: Street Department; Account Classification: 51 Salaries & Wages. SECONDED: Commissioner Moriarty MOTION CARRIED: Unanimously 5  Minutes of the Board of Public Works Meeting of November 21, 2013 Page | 6 D. MOTION: Commissioner Gagnon to approve the hiring of Steven Waterstrat, of Andover, NH to the position of Street Foreman, Street Department. Starting salary for this position will be $28.85 per hour for a yearly salary of $60,015. Funding will be through: Department: 161-Street Department; Fund: General; Account Classification: 51-Salaries & Wages. SECONDED: Commissioner Moriarty MOTION CARRIED: Unanimously IX. Parks & Recreation Department A. Motion: Commissioner Gagnon to approve the purchase and installation of a replacement pool filter, pump, and pump motor from the lowest qualified bidder Methuen Construction Company of Salem, NH for the sum of $35,646. Funding will be through Department: 177 Park and Recreation; Fund: Escrow; Activity: Centennial Pool Upgrade. SECONDED: Commissioner Lavoie MOTION CARRIED: Unanimously B. Informational: SummerFun 2013 Presentation Discussion: Dick Lavoie said that opening day had been cancelled due to inclement weather but people still showed up. We need to improve our communications efforts. Our focus for next year will be to send the kids home from the Fairytale Festival with a book. This is in keeping with the focus on encouraging literacy among the children. X. Solid Waste Department A. Motion: Commissioner Pappas to approve Change Order #2 for the second year of the contract with Universal Recycling Technologies (URT) in the amount of $75,000. Funding for this Change Order is through Department: 168 Solid Waste; Fund Solid Waste; Account Classification: 55 Other Services. SECONDED: Commissioner Moriarty MOTION CARRIED: Unanimously B. Motion: Commissioner Pappas to approve the hiring of Jeffrey Parker of Hudson, NH to the position of Equipment Operator, Solid Waste Department. Starting salary for this position will be $22.83 per hour for a yearly salary of $47,486.40. Funding will be through: Department: 168 Solid Waste; Fund: Solid Waste; Account Classification: 51 Salaries & Wages. SECONDED: Commissioner Moriarty MOTION CARRIED: Unanimously C. Motion: Commissioner Pappas to approve the hiring of Christopher Williams of Nashua, NH to the position of Equipment Operator, Solid Waste Department. Starting salary for this position will be $22.83 per hour for a yearly salary of $47,486.40. Funding will be through: Department: 168 6  Minutes of the Board of Public Works Meeting of November 21, 2013 Page | 7 Solid Waste; Fund: Solid Waste; Account Classification: 51 Salaries & Wages. SECONDED: Commissioner Moriarty MOTION CARRIED: Unanimously XI. Engineering Department A. MOTION: Commissioner Pappas to approve the Residential and Commercial Wastewater Service Permits and Fees as submitted. SECONDED: Commissioner Moriarty MOTION CARRIED: Unanimously B. MOTION: Commissioner Pappas to approve a construction contract for the pipe lining on West Hollis Street with Insituform Technologies of Charlton, Massachusetts in the amount not to exceed $122,000. Funding will be through Department: 169 Wastewater; Fund: Wastewater; Activity Description: Sewer Rehab. SECONDED: Commissioner Lavoie MOTION CARRIED: Unanimously C. MOTION: Commissioner Pappas to approve a request from Deloury Construction Company, Inc., 100 Burtt Road, Andover, MA 01810, for a Drainlayer's License in accordance with Nashua City Code 255-19 Issuance of Drainlayer's License. SECONDED: Commissioner Moriarty MOTION CARRIED: Unanimously XII. Administration A. MOTION: Commissioner Pappas to approve the hiring of Jonathan Ibarra of Milford, NH to the position of Senior Foreman, DPW Administration. Starting salary for this position will be $64,895.28 per year. Funding is through Department: 160 Administration; Fund: General; Account Classification; 51 Salary & Wages. SECONDED: Commissioner Lavoie MOTION CARRIED: Unanimously Discussion: Commissioner Pappas asked about the union affiliation for this position. Director Fauteux said that it is a Merit position. B. Main Street Sidewalk Discussion: The Mayor said our plans for the coming season are to finish the West side up to City Plaza. The East side has some infrastructure challenges that will need to be worked out. The Mayor also noted that there will be legislation coming in on a change in the roofline at Martha’s Exchange and parking at Block 4 (Alec’s Block). The Mayor announced that people can now buy Christmas tree ornaments made from the trees that were removed from Main Street. The Great 7  Minutes of the Board of Public Works Meeting of November 21, 2013 Page | 8 American Downtown organization is selling them. They are a Limited Edition. Updates are posted to the City website. C. Director’s Report: Director Fauteux provided the monthly Divisional report. The mayor encouraged the Board members and the public to sign up for Code Red to receive notifications. XIII. COMMISSIONER’S COMMENTS Discussion: Commissioner Gagnon asked for an update on the “second” sink hole that was uncovered under the sidewalk. Director Fauteux will get back to him on that. Commissioner Gagnon also asked Director Fauteux to look at the spacing for overnight parking. The Mayor said we might want to check with Legal to see if we need revised legislation if there are changes required. Commissioner Moriarty attended the Waterways Committee Meeting. He would like the Commissioners to receive a copy of minutes to those meetings. The Mayor suggested a memo be sent out when the minutes are posted to the web site so that the Commissioners can avail themselves of the information. XIV. Possible Non-Public Session XV. MOTION: Commissioner Lavoie to adjourn SECONDED: Commissioner Moriarty MOTION CARRIED: Unanimously Meeting was adjourned at 8:04 pm Attached: Memo on Tree Planting Depth from N. Caggiano to Mayor Lozeau 8