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1987/04/27EXECUTIVE BOARDM/NUTES April 27, 1987 APPROVED The meeting was called to order at 7:10~xa. Present were Mayor Thcmas Ward, Jr., Deputy Mayor Jim McNair, Deputy Mayor Warren Kingsbury, Morgan Seelye, Shirley Kucharczyk, Judith & Neville Mahoney, Vinnie Wojcik, Carl & Dorothy Carlson, Maynard Kalwat, Carol Robie, Charles & Audrey Bertagna, Sandra Bower, Nunze Rosso, Stephen Anderson, Dick Russell, and John Kilroy. ~ Audience of Citizens-Stockings Brook Residents Mayor Ward presented the Stockings Brook Residents with a cover m~norandum and eleven pages of information he obtained fr~n Acting City Manager Michael Aldi concerning the damage due to the Kenmere Dam Collapse. He said that Mike Aldi was still upset about the dozer not being in the brook and would order one of his own shortly and bill the contractor. According to the timetable, June 22, 1987 will be the timetable to put the design together for the spillway. He said he would like to see the City of Meriden create a safe slope until the permanent restoration takes place. There could be a possible 6-7 month delay if an individual or agency were to drag its feet. Mayor Ward said the cc~plete restoration includes a safe dam and the necessary restoration of the stream fr~n the dam to Southington' Road. As far as the Golf Course is concerned, it is hard to clean up mud and the problem has been to dewater the ponds in order to work in them. We need 2-3 weeks of dry weather. Also, Mayor Ward said one of his concerns for individuals was to have the adjustor cc~e out and agree or disagree with the figures given. Mayor Ward asked if there were any questions? He said that our Corporation Counsel is concerned that the Town doesn't have anything in writing frcm Meriden. Mayor Ward said he would again call the Governor's office to get the status on bonding and emergency appropriations. He would tell the Governor that bonding would be O.K. for the dam but as far as for individual property owners, we need a loan or outright appropriation to get the work going. Mr. Kingsbury said he had spoken with Representative Ann Dandrow and that the bonding authorization does read up to $5 million. And that it was Ann's understanding that putting in a direct appropriation would make the funds available sooner and he was putting it in this way. Mayor Ward said he would like to see bonding for the rest of the dam and a loan, at no interest, for private and public lands. Again, the governor or Dave McQuade will be asked to coordinate the funds. We need the money now and not the third week in July. He said he heard that some of the residents of Stockings Brook Road had hired attorney(s) and that that was acceptable and their prerogative. People who do not attend tonight's meeting will be sent the package you received here tonight. Are there any further questions? Maynard Kalwat asked, we won't have them ccming in to level it off? Mayor Ward said it is up to the individual property owners. But that Morgan had said in the past that it would be difficult if all the neighbor's didn't agree to the restoration as a package. Sc~eone will have to approach you all and make a suggestion. Maynard Kalwat asked Morgan where the measurements for the plot plan taken from? Morgan said ten feet from the curb at the street line. Mayor Ward asked how the Police were working out? Judith Mahoney said they were doing so well that they had chased her husband and the dog out of her yard. Mayor Ward said we will forward further information to you if need be. The meeting adjourned at 7:20~. The Executive Board reconvened in the Mayor's Office. Budget Transfers and or A~ropriatioDs Public Health Nursing request for $15,000 in Contracted Services. The money in this account is 100% re/mbursable via third partypayors. Mr. Kingsburymoved to approve the request for $15,000, seconded byMayor Ward, passed unanimously. Public Health Nursing request for $750 in order to cover the costs of Nurses making visits to, or being on call for Hospice Patients, beyond the regularworking hours, Saturday, Sunday and Holidays. Mr. Kingsburymovedto approve the request for $750, seconded byMayor Ward, passed unanimously. Public Health Nursing request for $400 to cover the cost of educational programs related to the manag~nent of patients diagnosed as having Aids. Mr. Kingsburymoved to approve the request for $400, seconded by Mayor Ward, passed~nanimously. Roald Haestad~. Inc.-Morgan Seelye Morgan Seelye presentedtheExecutiveBoardwith a proposal dated April 22, 1987 frum~DaldHaest~, Inc. to provide Professional Engineering Services for the develo~nent of a rehabilitation plan including contract documents and construction manag~ment for the Kensington Dam (Railroad Pond Dam). Morgan said he had scme concern as far as the foot bridge was concerned becausewe didn't budget in for the foot bridge in the original costs. Mayor Ward said we can address the foot bridge as a separate item. Morgan said RoaldHaestad, Inc. could come in to the Executive Board to answer questions, etc. Mr. Kingsbury asked Morganwhat type of storm would it take to make the spillway inadequate? Morgan said a superstorm, 4 or 5 times what the 100 year storm wouldbe...the 100 year storm could take it. Morgan suggested we hear the proposal and price and go with the engineering costs and leave the design costs subject to hearing the proposal. Mayor Ward asked Morgan if the plans were to be approved by DEP? Morgan said yes, the engineers would be consulting with DEP right along. Mr. Kingsbury asked if the proposal falls within the $100,000 budgeted? Morgan said I will let th~ntellmeduring their proposal process. Mr. Kingsbury asked about the subtitle on page entitled Services not Included. Morgan said the proposal includes all and said the $100,000 r~nains to be seen if it will cover it all. Mayor Ward asked onpage five, item three, for Engineering Services During Construction, for Morgan to elaborate on this item. Morgan said if the contract gets extended extra r~unerationwouldbe called for and that itwouldbe better to negotiate this item later on. An E. I.S. is not necessary. Mr. Kingsbury asked on page 4, with the valve or rusting shaft, could this be hazardous when opening? and is this part of the repair being scheduled? Morgan said yes. It is a risk every time you operate. I will say we would have to dewater the pond once. Once the contract is let we let the contractor work with a dry pond. Mayor Ward asked Morgan is there was any water going under the spillway? Morgan said no, it just looks that way but it's designed to spread out. There are no signs of moving water. Mr. McNair asked what was the timetable for this project? Morgan said he will let it out next spring and be done before the end of the year. The dams stays dewatered during the work and then filled up again. The valve'may have to be operated 2-3 times. Nunze Rosso joined the meeting at 8~m. Mr. Kingsbury asked if we could get 2 costs, one for the dam and one for the walkway? Morgan said yes, I think we should look at the engineering first and then the design costs second. Morgan said Roald Haestad, Inc. has done work for New Britain for years and is highly rec~L.~_nded. Mr. Kingsbury said he would like to make one change to the proposal, on page one, change the (a/k/a Marjorie Moore Dam) to read Railroad Pond Dam. Mayor Ward said the dam's location was the corner of Main Street and Brook Street. Mr. Kingsbury motioned to award the contract for Professional Engineering Services for the Kensington Dam (Ra/lroad Pond Dam) to Roald Haestad, Inc. with the understanding that cost figures be broken down (design services with or without the foot bridge). Morgan said he will contact Roald Haestad, Inc. and get back to the Executive Board with costs next. It was the consensus of the Executive Board to table this item one week. Kowal - Parish Drive Mayor Ward asked Stephen Anderson to update the Executive Board on the Kowal project. Stephen Anderson said the file was started in April 1986 when he was contacted concerning the cc~pletion of the project, Grove Hill. Mr. Kingsbury asked when the bond was pulled? Stephen said April 2, 1986 the bond was recalled after the March 25th Meeting of the Planning C~,,,.~ssion. The bond was suppose to have $85,500 when called. During the next month, Morgan tried to get the money from the bank. We learned that money had been withdrawn frcm the account leaving approximately $37,000, almost $38,000. Apparently, Mr. Kowal went to Society for Savings and withdrew the money which required two signatures to withdraw. Morgan said he and ikazinick Scerra, Treasurer when to the bank and were able to secure the remaining money, approximately $37,000, left in the account. Morgan said he met with Kowal shortly after that and Mr. Kowal denied taking the money and said the bank had made an error. Stephen said the account was setup in December 1983 for two signatures. Two withdrawals were made by Mr. Kowal. The first on October 16, 1985 for $13,456 and the second on October 17, 1985 for $50,000. At this point, the bank turns it over to their counsel and proceed to sue Mr. Kowal for improperly taking out the money. Society for Savings then asked the Town of Berlin to sign a release for the money that withdrawn. This release would release Society for Savings from the improper withdrawal and so they would not be liable. Stephen said he touched base with Morgan, at this point, and that Morgan indicated that the balance available would be enough to c~,~lete the work for the Parish Drive develo~nent. Stephen said he then took the release and passed it on to the Executive Board without an opinion or c~.,~nt frcm him for the Board's review. That is where we stand ncc. Morgan said if we release Society for Savings of any obligation, the bond we have will address the probl~ns. If we draw down, then we won't have enough for the maintenance bond. Based on that, we should tell Kowal to get up the money for the maintenance bond. Mayor Ward said the two (bonds) should be tied together. Morgan said we should require Kowal to cc~e up with the maintenance bond and then anything we have left over from' the other bond we should give back. Mr. Kingsbury said the last paragraph of Stephen Anderson's letter on the release indicated, at least to him, that the release be executed, when the bank is responsible and procedures were not followed. Why did this release ccme to us? I'm speechless. Stephen Anderson said he was concerned whether the street was covered by a bond. Society for Savings is liable by letting Kowal take the money when he should not have. The Town doesn't have an interest in suing Society for Savings and we have the dollars to do the improvements required. Mr. Kingsbury said this would be reckless, on the part of the Town, to release the bank. We should have the assurances of the bank/Kccal or Kccal will c~n the street forever. Mayor Ward asked if the Town has any legal right to withhold the performance bond? Morgan said that 25% is retained until the road is accepted. The money is released periodically. Then the developer must get up a 10% Maintenance Bond and in this case approximately $34,000. Mr. Kingsbury said Mr. Kowal should get his maintenance bond. Mayor Ward said he wants to finish the problems out there. Mr. Kingsbury left the meeting at 8:35~m. Mayor Ward said this item will be tabled pending results of a meeting scheduled tomorrow with Mr. Kccal and his Attorney Platt and Morgan and Stephen Anderson. Morgan said if Mr. Kowal gets up the mainteD~%nce bond then we could release Society for Savings. Mayor Ward said there is no rush except to get Ted Jr. out there to do the r~naining work. Morgan said he wants the maintenance bond in place. Nunze Rosso said this item should ccme back to the Planning C~,t,~ssion and then they will take action and rec~,,t~nd to the Executive Board a course of action. Morgan said we need an as-built map to be filed, monuments, pins along with our punch list. Personnel/Purchasing Matters After a short discussion on the Licensed Tradesman position, Mr. McNair moved to approve the pay scale for the licensed tradesman as presented by the union and agreed to by our Personnel Director to take effect as of May 1, 1987, seconded by Mayor Ward, passed unanimously. Dick Russell said he would like to start interviewing within the next week. 87-88 Calendar Mr. McNair moved to accept the 87-88 calendar as sutanitted by the Personnel Depal ~,~nt, seconded by Mayor Ward, passed unanimously. Approval of Minutes Mr. McNair moved to approve the minutes of April 6, 1987 amending page 2 to read "Morgan said resources are limited now and that it was best to locate the edge of the washout and the boundary lines, and that the property owners are the best sources of information in preparing a plan because they know better what they had on their land." Also, on page 2 "Mayor Ward said he received the first call frc~ Meriden at about 3.'30~ Tuesday'. Motion was seconded by Mayor Ward, passed unanimously. Mr. McNair moved to approve the minutes of April 13, 1987, seconded by Mayor Ward, passed unanimously. Mr. McNair moved to table the minutes of April 20, 1987, seconded by Mayor Ward, passed unan/mcusly. Set Town MeetinqDate Mayor Ward moved to put on the agenda the setting of a Town Meeting Date, seconded by Mr. McNair, passed unanimously. Mayor Ward moved to set the next Town Meeting for May 18th at 7~m to take action on the request by the Nurses for $15,000 and by the Building Maintenance overtime account for $2,000. Motion was seconded by Mr. McNair, passed unanimuusly. The meeting adjourned at 9:15~n. Respectfully suhnitted, rard, Executive Secretary'