Approved Minutes
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Call to Order
The regular monthly meeting of the Board of Trustees of the Brunswick Sewer District was called to order by Chair Priest at 6:45 p.m. on Monday, 12 April 2010, in the conference room at District offices. Notice of the meeting was advertised in the 02 April 2010 edition of the Times Record. A prepared agenda was noted and the meeting was recorded.
Members present: Chair Priest, Trustees Boochever, Green, Barbour, and Schwindt.
Others present: : General Manager McVey, Assistant General Manager Blanchette, Douglas Richmond, Merrymeeting Rowing Club (6:45-7:40 p.m.); Robert Severance; camera operator Hedy Blauvelt.
Minutes of Previous Meeting(s)
The Trustees reviewed minutes of the 15 March 2010 regular Board meeting.
IT WAS MOVED BY TRUSTEE GREEN, SECONDED BY TRUSTEE BOOCHEVER, AND UNANIMOUSLY VOTED BY THE TRUSTEES PRESENT TO ACCEPT AS AMENDED MINUTES OF THE 15 MARCH 2010 REGULAR MEETING OF THE BOARD OF TRUSTEES.Public Comment:
No members of the public were present. There has been no public comment.
Water Street Pump Station: Proposed Boathouse
The Trustees returned to their consideration of a proposal by the Merrymeeting Rowing Club to site a boathouse at the District’s Water Street Pump Station property. Douglas Richmond, representing Merrymeeting Rowing Club, joined the meeting. Chair Priest excused himself from this portion of the meeting due to a possible conflict of interest by association, relinquished control of the meeting to Vice Chair Boochever, and left the premises. Issues of concern included the Rowing Club’s desire for a comprehensive 15-year renewable lease agreement; the District’s requirement that permits, approvals, and all costs of development remain the responsibility of the Club; maintenance by the Club of its not-for-profit status; and provision by the Club of appropriate types and amounts of insurance coverage. The Trustees also considered comments by District legal counsel regarding the importance of maintaining the right of the District to resume use of the property if necessary to the District’s mission. The Trustees heard a report by the General Manager on current configuration of the pump station on the property and the likelihood of future need by the District of the area being considered in this proposal. Discussion noted that it may be possible in the event of such a need to provide the Rowing Club with notice sufficient to permit it to relocate the facility. At the conclusion of discussion, the Trustees considered the following resolution, amended to incorporate issues discussed at this meeting:
| WHEREAS the Merrymeeting Rowing Club (“the Club”) has need of a boathouse to support the activities for which the Club was formed; and | ||
| WHEREAS the Merrymeeting Rowing Club is organized as a 501(c)(7) tax-exempt entity under the Federal Tax Code and registered as a not-for-profit corporation under the laws of the State of Maine; and | ||
| WHEREAS several years of investigation by the Club into identification of a possible site for a boathouse have produced no suitable options; and | ||
| WHEREAS the site of the Water Street Pump Station owned by the Brunswick Sewer District (“the District”) is considered by representatives of the Club to be suitable for a boathouse; and | ||
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WHEREAS, after considering this proposal, District operations personnel have determined that a boathouse may be sited on the Pump Station property without adverse effect on current or future District operations and maintenance of the site and its facilities; and |
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WHEREAS representatives of the District and the Club have discussed key points, stated in a letter dated 05 February 2010, necessary to an agreement for the purpose of siting the boathouse on the property, and determined that agreement is possible. |
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| NOW THEREFORE IT IS RESOLVED that the Board of Trustees does authorize the Merrymeeting Rowing Club to pursue approvals, permitting, and funding necessary to construct a boathouse to be located on District property at the District Water Street Pump Station, provided that the following conditions are met: |
| 1. |
The boathouse is to be designed, constructed, and operated subject to a 15-year renewable lease agreement, to be developed by the District, the terms of which are substantially in agreement with, but not limited to, provisions stated in a letter by the Club dated 05 February 2010 and the sketch dated 11 August 2009 and revised to 05 February 2010 that accompanies the letter. |
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| 2. | Provisions of the agreement will specify the right of the District to terminate the agreement at any time it determines, in its sole discretion, that use by the District of the leased property is necessary to the District’s mission. The District will provide a minimum of two year’s notice to the Club in the event the District determines it is necessary to reoccupy the leased property. | ||||
| 3. | The Club will secure all necessary approvals and permits for the project, and boathouse planning, design, construction, and operation will comply with all municipal ordinances, regulations, codes, and requirements. | ||||
| 4. | All costs associated with development of the Boathouse are to be borne by the Club. | ||||
| 5. | The Club will maintain its status as a 501(c)(7) non-profit organization in good standing and in full compliance with all federal and state regulations governing such organizations for the term of the agreement. Failure by the Club to maintain this status in good standing will constitute cause sufficient to allow the District to terminate the lease agreement and Club use of the property. | ||||
| 6. | The Club will reimburse the District for all legal expenses associated with the boathouse project, including preparation of the lease. | ||||
| 7. | The Club will secure and maintain insurance coverage of a type(s) and in amounts satisfactory to the District. |
IT WAS MOVED BY TRUSTEE SCHWINDT, SECONDED BY TRUSTEE BARBOUR, AND UNANIMOUSLY VOTED BY THE TRUSTEES PRESENT TO ADOPT THE RESOLUTION DATED 12 APRIL 2010 ON SITING OF A BOATHOUSE BY THE MERRYMEETING ROWING CLUB ON DISTRICT PROPERTY AT THE WATER STREET PUMP STATION.
Mr. Richmond thanked the District Trustees and staff for their consideration and assistance, and left the meeting at 7:40 p.m. Chair Priest rejoined the meeting at 7:41 p.m. and accepted control of the meeting from Vice Chair Boochever.
Treasurer’s Report
Financial: Board Treasurer Green reported that he has examined a complete set of unaudited financial statements at 31 March 2010, prepared by District staff. The Trustees reviewed reported revenues and expenditures, noting that operating revenues are down approximately 2.1% relative to the budgeted amount. A copy of the Variance Analysis was adopted by reference and is to be included in minutes of the meeting. Board members also discussed current and projected residential and commercial occupancy rates and their likely effect on wastewater flows.Disbursements: The Trustees reviewed weekly reports on disbursements for the preceding month, querying staff regarding the purpose of a number of those listed. The General Manager reported that payroll and payables disbursements have been issued on consecutively numbered instruments, and all vendors receiving payment were identified. Weekly warrants for general disbursements have been reviewed and signed by the General Manager. Disbursements unusual in amount or purpose were discussed.
Election of Board Officers
The Trustees took up consideration of election of Board officers, as required by provisions of the District Charter. It was noted that the Town Council recently reappointed Trustees Green and Schwindt to a second term on the District Board. Chair Priest thanked the Trustees for their continued willingness to serve. In the interest of allowing further discussion, and on the suggestion of the General Manager,
IT WAS MOVED BY TRUSTEE BOOCHEVER, SECONDED BY TRUSTEE GREEN, AND UNANIMOUSLY VOTED BY THE TRUSTEES TO TABLE ELECTION OF BOARD OFFICERS TO THE MAY BOARD MEETING.
Conflict of Interest
The Trustees took up their annual review of conflict of interest, examining copies of an opinion on conflict of interest provided by District legal counsel in 1989, as well as updates on the subject prepared in 2009 and 2010. The original opinion notes that the vote of a governing body is voidable when any official in his or her official position votes on any question in which he or she has a direct or indirect pecuniary interest. It further notes that every municipal official shall endeavor to avoid even the appearance of a conflict by disclosure or abstention, or both. Finally, this opinion cites procedures from statute to be followed in the event an official has or is seen to have a real or perceived conflict. The updates cover revisions to relevant statute, case law, and opinions issued by the Attorney General since the original opinion. Key points made in each of the opinions were reviewed. The importance of early and full disclosure of any interest that may either be or be perceived to be in conflict with duties and responsibilities to the District was emphasized, as was the need to declare any possible conflict for consideration by the Board. After considering the information contained in the attorneys’ opinions, the Trustees determined there were no conflicts to be declared at this time. It was consensus of those present that District Board and staff members remain alert to instances of real or perceived conflict, and that procedures outlined in the opinion letters be followed when such a situation may exist.
Annual Financial & Related Reports
Copies of the 2009 Year-End Financial & Related Reports prepared by the Finance Manager were provided. Contents of the report package were discussed briefly.
Monthly Report of Operations
Total flow to the Treatment Plant for March 2010 was 132.043 mg, up approximately 67% from the previous month and up 31% from the prior year. Flows of 19.3 and 9.9 mg for the month originated with Topsham and the Navy Base, respectively. Average daily flow for the period was 4.26 mgd, or 111% of that allowed by permit, and constituted a violation of the permit limit for this parameter. Maximum daily flow processed was 8.24 mg, which occurred on 31 March 2010. Rainfall for the month totaled 9.5 inches, with a daily maximum of 2.4 inches on 23 March 2010. Septage receiving for the period totaled 89,500 gallons, up significantly from the previous month, reflecting the improving weather. Removal rates for BOD and TSS for the period were 88.9% and 86.9%, respectively, in compliance with the minimum 85% required for each parameter by permit. A total of 152 cy of sludge was produced. There were no bypasses or spills, and flow to the plant received full treatment.Report on Response to Oil Spill
The Assistant General Manager reported on District response to a recent oil spill. After experiencing fumes at the District’s Treatment Plant on the afternoon of 23 March 2010, Collection & Pumping Division crew members discovered that approximately 600–700 gallons of heating oil had leaked from storage tanks installed in the basement of an apartment building in Topsham. A sump pump in the apartment building had discharged the oil to Topsham Sewer District sanitary sewers, and the oil was subsequently trapped in TSD pumping stations and at the BSD Treatment Plant. MeDEP was notified immediately and provided a response person who coordinated the containment and cleanup effort. Approximately 600 gallons of the oil was ultimately recovered and transported for disposal by a permitted contractor. Disruption of Treatment Plant processes was kept to a minimum by the prompt action taken by District Treatment Operations and Collection & Pumping Division crews. The spill created a single exceedance of District discharge permit limits, and Plant treatment processes were protected from contact with most of the spilled oil. Treatment effectiveness has been maintained. Written report of the incident is being prepared for submittal to MeDEP. District costs incurred during the event will be billed to the Topsham Sewer District. The General Manager noted that he is extremely pleased with the response of the entire District staff to this event. Petroleum products are invariably fatal to the bacteria that accomplish the wastewater treatment at the Plant, and replacing that bacteria commonly takes up to six weeks, during which period treatment is, at best, very limited. It was consensus of the Trustees that District staff work with representatives of the Topsham Sewer District to control system connections of the type that led to this event, and that BSD staff investigate early warning systems for possible use throughout the BSD system.
Display Operations & Maintenance Equipment
The General Manager thanked the Trustees for their participation in viewing several pieces of equipment used by Collection & Pumping Division staff in maintenance of District lines and pump stations. Crew members have expressed their appreciation for the equipment provided and its quality.
Resolution Authorizing a Business Credit Card Account
The Trustees considered a proposal to establish a business credit card account in the name of the Brunswick Sewer District, for use by certain District employees in conducting District business. With the intent of having the Finance Manager present to participate in the discussion,
IT WAS MOVED BY TRUSTEE GREEN, SECONDED BY TRUSTEE BARBOUR, AND UNANIMOUSLY VOTED BY THE TRUSTEES TO TABLE FURTHER ACTION ON THE ITEM TO A FUTURE BOARD MEETING.
Chair Priest declared the meeting in recess from 9:00 p.m. to 9:12 p.m.
Acceptance of Constructed Wastewater Facilities: Old Bath Road & Farley Road
The Trustees considered a request by developer Martin’s Point Health Care that the District accept approximately 215 lf of gravity sanitary sewer constructed along Old Bath Road to serve their facility at 6 Farley Road. The request was made in a letter dated 08 April 2010. Sewers were designed and constructed to District standards anticipating acceptance, the work was inspected at time of construction by District personnel, and recent inspection of the facilities by the District found the lines and maintenance holes to be acceptable. The Trustees discussed the request. A period of operation by the District has revealed no problems. District Rules & Regulations cite the District as the appropriate entity to own and operate facilities located in the public way. The Assistant General Manager recommended that the Board consider the following resolution:
Facilities Acceptance Resolution
OLD BATH ROAD,
Brunswick, Maine
12 APRIL 2010
WHEREAS Martin’s Point Health Care, of Portland, Maine, has constructed and is
owner of sanitary sewer facilities located within the right-of-way of Old Bath
Road in the Town of Brunswick, Maine; which facilities comprise approximately
215 feet of 8-inch-diameter sewer lines and two (2) maintenance holes; and
WHEREAS Martin’s Point Health Care, of Portland, Maine, has expressed its desire
to effect a transfer of ownership of these sanitary sewer facilities from
Martin’s Point Health Care to the Brunswick Sewer District, all as more
particularly described in a letter request by Martin’s Point Health Care
facilities manager Eugene M. Gillies, dated 01 April 2010 and on file at
Brunswick Sewer District offices; and
WHEREAS the Brunswick Sewer District is the appropriate entity to own, operate,
and maintain said sanitary sewer facilities;
NOW, THEREFORE, IT IS RESOLVED that the Board of Trustees of the Brunswick Sewer
District does hereby accept ownership of the sanitary sewer facilities
hereinabove described.
IT WAS MOVED BY TRUSTEE GREEN, SECONDED BY TRUSTEE BARBOUR, AND UNANIMOUSLY VOTED BY THE TRUSTEES TO ADOPT THE PROPOSED RESOLUTION DATED 12 APRIL 2010 FOR ACCEPTANCE OF SEWER FACILITIES CONSTRUCTED ALONG THE OLD BATH ROAD TO SERVE MARTIN’S POINT HEALTH CARE.
The Trustees next considered a request by developer Larry G. Crooker that the District accept approximately 599 lf of gravity sanitary sewer constructed along Farley Road to serve the Winners Sports Grill and OTB at 20 Farley Road. The request was made in a letter dated 02 April 2010. Sewers were designed and constructed to District standards anticipating acceptance, the work was inspected at time of construction by District personnel, and recent inspection of the facilities by the District found the lines and maintenance holes acceptable. The Trustees discussed the request. A period of operation by the District has revealed no problems. District Rules & Regulations cite the District as the appropriate entity to own and operate facilities located in the public way. The Assistant General Manager recommended that the Board consider the following resolution:
Facilities Acceptance Resolution
FARLEY ROAD,
Brunswick, Maine
12 APRIL 2010
WHEREAS Larry G. Crooker, of Harpswell, Maine, has constructed and is owner of
sanitary sewer facilities located within the right-of-way of Farley Road, in the
Town of Brunswick, Maine; which facilities comprise approximately 599 feet of
8-inch-diameter sewer lines and two (2) maintenance holes; and
WHEREAS Larry G. Crooker, of Harpswell, Maine, has expressed his desire to
effect a transfer of ownership of these sanitary sewer facilities from Larry G.
Crooker to the Brunswick Sewer District, all as more particularly described in a
letter request by Larry G. Crooker, dated 02 April 2010 and on file at Brunswick
Sewer District offices; and
WHEREAS the Brunswick Sewer District is the appropriate entity to own, operate,
and maintain said sanitary sewer facilities;
NOW, THEREFORE, IT IS RESOLVED that the Board of Trustees of the Brunswick Sewer
District does hereby accept ownership of the sanitary sewer facilities
hereinabove described.
IT WAS MOVED BY TRUSTEE BARBOUR, SECONDED BY TRUSTEE GREEN, AND UNANIMOUSLY VOTED BY THE TRUSTEES TO ADOPT THE PROPOSED RESOLUTION DATED 12 APRIL 2010 FOR ACCEPTANCE OF SEWER FACILITIES CONSTRUCTED ALONG THE FARLEY ROAD TO SERVE WINNERS SPORTS GRILL AND OTB.
Acceptance of Constructed Wastewater Facilities: Deerfield Park
The Trustees considered a request by developer Maine Gravel Services, Inc., that the District accept approximately 5,906 lf of sanitary sewer facilities constructed along Deerfield Drive, U. S. Route 1, a Bath Iron Works easement, Racetrack Road, and Bridle Road to serve the Deerfield Park subdivision. The sewer facilities include gravity sewer, associated maintenance holes, a small pump station, and force main. The request was made in a letter dated 07 April 2010. Sewers were designed and constructed to District standards anticipating acceptance, the work was inspected at time of construction by District personnel, and recent inspection of the facilities by the District found the lines and maintenance holes to be acceptable. District staff noted that several improvements to the pump station are in progress and that title rights for location of the sewers are yet to be obtained. The Trustees discussed the request. A period of operation of the sewer facilities by the District has revealed no problems. District Rules & Regulations cite the District as the appropriate entity to own and operate facilities located in the public way. The Assistant General Manager recommended that the Board consider the following resolution:
Facilities Acceptance Resolution
DEERFIELD DRIVE, U.S. ROUTE 1
A BATH IRON WORKS EASEMENT
RACETRACK ROAD AND BRINDLE ROAD
BRUNSWICK, MAINE
12 APRIL 2010
WHEREAS Maine Gravel Services, Inc., of Harpswell, Maine, has constructed and is
owner of sanitary sewer facilities located within the right-of-ways of Deerfield
Drive, U.S. Route 1, a Bath Iron Works easement, Racetrack Road, and Bridle
Road, all in the Town of Brunswick, Maine; which facilities comprise
approximately 2,692 feet of 8-inch-diameter sewer lines, 3,214 feet of 6-inch
diameter sewer lines, ten (10) maintenance holes, and one (1) submersible-type
duplex pump station; and
WHEREAS Maine Gravel Services, Inc., of Harpswell, Maine, has expressed its
desire to effect a transfer of ownership of these sanitary sewer facilities from
Maine Gravel Services, Inc., to the Brunswick Sewer District, all as more
particularly described in a letter request by Maine Gravel Services, Inc.,
president Franklin T. Crooker, dated 07 April 2010 and on file at Brunswick
Sewer District offices; and
WHEREAS the Brunswick Sewer District is the appropriate entity to own, operate,
and maintain said sanitary sewer facilities;
NOW, THEREFORE, IT IS RESOLVED that the Board of Trustees of the Brunswick Sewer
District does hereby accept ownership of the sanitary sewer facilities
hereinabove described.
IT WAS MOVED BY TRUSTEE GREEN, SECONDED BY TRUSTEE BARBOUR, AND UNANIMOUSLY VOTED BY THE TRUSTEES TO ADOPT THE PROPOSED RESOLUTION DATED 12 APRIL 2010 FOR ACCEPTANCE OF SEWER FACILITIES CONSTRUCTED ALONG DEERFIELD DRIVE, U.S. ROUTE 1, A CERTAIN EASEMENT GRANTED BY BATH IRON WORKS, RACETRACK ROAD, AND BRIDLE ROAD TO SERVE THE DEERFIELD PARK SUBDIVISION, CONDITIONED UPON COMPLETION OF ALL NECESSARY UPGRADES TO THE PUMP STATION, AND UPON THE DISTRICT’S OBTAINING TITLE RIGHTS FOR LOCATION OF ALL SEWER FACILITIES.
The Trustees next considered a request by the Bath Iron Works that the District accept approximately 395 lf of gravity sanitary sewer constructed along the Bridle Road to serve the company’s Hardings Plant located on the Bath Road. The request was made in a letter dated 09 April 2010. Sewers were designed and constructed to District standards anticipating acceptance, the work was inspected at time of construction by District personnel, and recent inspection of the facilities by the District found the lines and maintenance holes to be acceptable. The Trustees discussed the request. A period of operation has revealed no problems. District Rules & Regulations cite the District as the appropriate entity to own and operate facilities located in the public way. The Assistant General Manager recommended that the Board consider the following resolution:
Facilities Acceptance Resolution
BRINDLE ROAD,
BRUNSWICK, Maine
12 APRIL 2010
WHEREAS Bath Iron Works, of Bath, Maine, is owner of sanitary sewer facilities
located within the right-of-way of Bridle Road, in the Town of Brunswick, Maine;
which facilities comprise approximately 395 feet of 8-inch-diameter sewer lines
and one (1) associated maintenance hole; and
WHEREAS Bath Iron Works, of Bath, Maine, has expressed its desire to effect a
transfer of ownership of these sanitary sewer facilities from Bath Iron Works to
the Brunswick Sewer District, all as more particularly described in a letter
request by Bath Iron Works vice president Jon A. Fitzgerald, dated 09 April 2010
and on file at Brunswick Sewer District offices; and
WHEREAS the Brunswick Sewer District is the appropriate entity to own, operate,
and maintain said sanitary sewer facilities;
NOW, THEREFORE, IT IS RESOLVED that the Board of Trustees of the Brunswick Sewer
District does hereby accept ownership of the sanitary sewer facilities
hereinabove described.
IT WAS MOVED BY TRUSTEE BARBOUR, SECONDED BY TRUSTEE GREEN, AND UNANIMOUSLY VOTED BY THE TRUSTEES TO ADOPT THE PROPOSED RESOLUTION DATED 12 APRIL 2010 FOR ACCEPTANCE OF SEWER FACILITIES CONSTRUCTED ALONG THE BRIDLE ROAD TO SERVE THE BATH IRON WORKS HARDINGS PLANT.
Sanitary Sewer Extension: Tractor Supply Company, Farley Road
District staff has reviewed a proposal to develop a parcel of property located at 20 Farley Road to serve a new Tractor Supply Company store. The development plans to extend the Farley Road gravity sewer westerly by a distance of approximately 215 lf. The sewer extension is planned for takeover by the District and conforms to District design and construction standards. Capacity of existing sewer facilities has been determined to be sufficient to accept new flows. The development is subject to the District Entrance Charge Program. By provision of the District Charter, proposals to extend sanitary sewers require the approval of Town Council and of the District Board following a public hearing on the proposed extension. Council approval has been obtained.
Public Hearing: Sanitary Sewer Extension, Farley Road
Chair Priest declared the public hearing on the proposed extension of gravity sewers along Farley Road to be open at 9:52 p.m. Notice of the public hearing was advertised in the 02 April 2010 edition of the Times Record. No members of the public were present for the hearing, and the Assistant General Manager reported that no public comment on the topic has been received. In the absence of any public input on the topic, Chair Priest declared the public hearing closed at 9:53 p.m. The Assistant General Manager recommended approval of the proposed extension, noting that all costs will be borne by the developer. At the conclusion of discussion,IT WAS MOVED BY TRUSTEE GREEN, SECONDED BY TRUSTEE BARBOUR, AND UNANIMOUSLY VOTED BY THE TRUSTEES TO AUTHORIZE EXTENSION OF THE SANITARY SEWER APPROXIMATELY 215 LF WESTERLY ALONG FARLEY ROAD TO SERVE THE TRACTOR SUPPLY COMPANY.
Review Schedule of Rates
The Trustees heard a report on progress toward instituting changes in the Schedule of Rates. Based upon initial authorization of a 5% increase given at the March Board meeting, a chart of specific rates to be considered for each rate category has been developed. The Trustees reviewed the rate chart and discussed the impact of the recommended rate on each category of ratepayer.Succession Planning
Chair Priest reported that the search for a new General Manager is proceeding as planned. Interviews by the Board with candidates for the position have been held, and work continues toward selection of a successor.
General Manager's Report
The Assistant General Manager reported that a document conveying title to wastewater facilities serving the Woodside III Subdivision has been received from the developer and is now being recorded in the Cumberland County Registry of Deeds, thereby completing the process of acceptance of these facilities by the District.A revised version of a proposed agreement for Confined Space Rescue Services by the Brunswick Fire Department has been submitted to the Town for review.
District Collection & Pumping Division staff has completed visual inspection of sanitary sewers along streets scheduled to be paved during the coming season by the Town of Brunswick. Inspection revealed no areas that will require repair or replacement.
| Trustees Regular | Monday | 10 May 2010 | 6:30 p.m. | |||
| Trustees Regular | Monday | 14 June 2010 | 6:30 p.m. | |||
| Trustees Regular | Wednesday | 14 July 2010 | 6:30 p.m. |
Chair Priest thanked the Trustees for their time and assistance.
Adjournment
There being no further business before the Board,
IT WAS MOVED BY TRUSTEE BARBOUR, SECONDED BY TRUSTEE GREEN, AND UNANIMOUSLY VOTED BY THE TRUSTEES PRESENT TO ADJOURN THE MEETING AT 10:07 P.M.
Attest,
Peter F. Schwindt
Trustee Clerk,
Board of Trustees
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