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MINUTES OF A REGULAR MEETING OF THE

BINGHAMTON-JOHNSON CITY JOINT SEWAGE BOARD

Tuesday, August 8, 2006

Johnson City 2nd Floor Conference Room

 

Members Present: Thomas R. Augostini, Chairman

                                    Eugene Hulbert, Vice Chairman

Thomas Dellapenna, Jr.

                                    Kenneth Kinsman

                                    Arthur Ospelt -- ABSENT

Kevin Transue

 

Also Present:          Robert C. Murphy, Esq., Co-Counsel

                                    Kenneth Helisek, Esq., Co-Counsel

                                Catherine P. Aingworth, Interim Superintendent

                                    Beverly J. Palmer, Fiscal Officer -- ABSENT

            Michele Cuevas, Confidential Secretary

            Kathleen C. Carney, Transcriptionist

 

Guests:         Barbara Fiala, Broome County Executive

                        Pat Brennan, Deputy County Executive

                        Mayor Lewis, Village of Johnson City

Bob Bennett, Engineer, Village of Johnson City

Howard LaFever, Stearns & Wheler

                                    Art Van Gelder, C&S Engineers

                                    Bob Palladine, C&S Engineers

                                                                       

                                                                       

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Chairman Tom Augostini called the meeting to order at 1:38 p.m.   Chairman Augostini introduced County Executive, Barbara Fiala and Deputy County Executive, Pat Brennan, to the Board.

PRIVILEGE OF THE FLOOR

 

C&S Engineers

 

Bob Palladine distributed a copy of the Flood Damage Report application to FEMA.  He discussed the report and its scope.  C&S will update this report throughout the life of the repairs on a regular basis.  The current version is numbered 1.0.  He reported that the tables (appendices) are 80%-85% completed.  The intent is to have this report submitted to FEMA by the end of the current week. 

 

Mr. Palladine explained the categories tracked by FEMA:  debris removal, emergency measures and damage assessment and permanent repairs.  

 

This report will be available on the FTP website that has been established relative to the flood damage.

 

C&S is predicting total repairs to fall in the $12 million-14 million range. 

 

Mr. Van Gelder reported that the media currently stored at the Village is in question.  IDI is performing an evaluation on it and Mr. Van Gelder will be meeting with the project manager to discuss the media later this afternoon.  

 

Mr. Van Gelder reported that once the contractors' needs are established, they will formulate requests to the owners and the engineers.  These will include several different factors, such as:  equipment that needs to be removed and repaired as well as removed and replaced, the amount of time it is going to take for the equipment to get back to the site, re-installation time and normal start up time.

 

Mr. Van Gelder has already received the preliminary schedule for Contract 4, which shows completion out into June 2007.  Mr. Van Gelder anticipates a contract completion time of July or August 2007 for Contract 3 and in that will be the Contract 1 schedule as well.    Contract 4 must be completed prior to Contract 3 for start up purposes.

 

Faulter is working on their needs and schedule right now.  Once they are received by Mr. Van Gelder, he will give them to the other prime contractors to input their needs based on turnaround on equipment and procuring new equipment to replace damaged goods. 

 

Mr. Palladine advised the Board that the previous extension had been written up but had not yet been finalized.  The additional time (due to the flood) will be added to the extension with the five-week extension added onto the new schedule. 

 

Mr. Palladine advised that the DEC was working on the revised permit, but due to flood damage assessment, nothing has been done recently.  Once the report is submitted to FEMA, C&S will contact the DEC to discuss the permit revisions.

 

C&S will formulate an overtime estimate for repairs to the Plant. 

 

Mr. Kinsman asked if management was eligible for overtime through FEMA for flood repairs.  Mr. Bennett answered that FEMA informed him that if management personnel were working and "got their boots dirty" they were acting as workers (not administrators) and that time should be accumulated for overtime purposes.  If management personnel were doing purely administrative work, that overtime will not be reimbursed.  This will be verified with FEMA as it differed from Mr. Transue's and Mr. Murphy's understanding of overtime reimbursement.

 

Mr. Palladine again informed the Board of the Hazard Mitigation Grant Program and that any upgrades done as part of this program are eligible for 100% reimbursement. They will be reviewing upgrades for inclusion in this program. 

 

Chairman Augostini stressed that the most important thing at this point is the definition of what needs to be repaired and what needs to be replaced.

 

Mr. Van Gelder reported that where possible, they are continuing to progress contract work.  Letters have been drafted to contractors notifying them to proceed with repair or replacement of anything in the draft report.  Some equipment has 12 to 16 week lead times for replacement, thus the orders must go in immediately. 

 

Mr. Van Gelder also reported that storage space is needed for equipment being replaced, as the insurance company will need to see all equipment prior to disposal.  Travelers Insurance will want to see all the equipment in one place at one time.  He advised the Board that once the insurance company has made an assessment, much of the removed equipment will be offered back to the Plant.  They should begin to consider having some kind of sale or auction for parts and equipment they will not need. 

 

The Flood Damage Report will be sent to the insurance company.

 

Mr. Van Gelder will inquire if the insurance company will tour the Plant to view damaged equipment rather than having it stored in a single location. 

 

Mr. Hulbert asked about interim financing for Plant repairs.  Chairman Augostini answered that the owners will be closing their second loan with the EFC in October.  The owners will ask the EFC to take all of these (repair) costs and add them to the second loan and then pay off the loan once FEMA reimburses the Plant.  This would take the loan from $14 million to approximately $30 million.  If the EFC cannot loan this amount, the owners will have to issue a short-term note (BAM note).  The owners borrow based on their ownership percentage.  Chairman Augostini informed the Board that the owners had enough money available to take them through the completion of the construction if there had not been a flood. 

 

Due to financing issues, C&S will wait until Friday, August 11 to send the drafted authorization letters to the contractors authorizing repair/replacement work to begin.  Chairman Augostini reported they would have an answer regarding funding from the EFC by August 9 and within a month both owners would be able to secure their respective share of funds from the bond market.  He will inform all Board members of the EFC's response.  If the EFC cannot provide the funding, Chairman Augostini will attend the work session with Binghamton's City Council on behalf of the lead agency to explain how the financing will be handled.

 

Stearns & Wheler

 

Staffing Report

 

Mr. LaFever reported there have been several work sessions held on the staffing plan.  He would like another work session with the Board in two weeks time.  Stearns & Wheler is recommending a total of 43 employees for the Plant. There are currently 36 employees.  Mr. LaFever explained Stearns & Wheler's recommendations and calculations.  He explained their goal for transition.  The Board discussed vacation/absences (10% rule), noting that these rules would have to be written into the union contract.  Mr. LaFever asked that the Board bring any questions to the next work session.  Mr. Transue noted that an electrical assistant is needed on the third shift.

 

Solids Handling Letter to Sandy Lizlovs

 

Mr. LaFever provided a draft of the letter to Sandy Lizlovs.  The letter has been reviewed by Attorney Mr. Murphy.  The letter will be mailed on Wednesday, August 9, 2006 and will be signed by Interim Superintendent Cathy Aingworth.

 

Lime Stabilization Project

 

Mr. LaFever distributed the final detailed shop drawings for the lime stabilization with the mixer at the horizontal level for easier access. 

 

Contract Services

 

Interim Superintendent Aingworth asked Stearns & Wheler if they would pursue prices for dewatering services in order to save wear and tear on the centrifuge.  They have requested prices from three different firms and have received one quote to date.  Two more quotes are due on August 9, 2006.  This would be a quote for labor and equipment for the next three or four months to bring in bell presses, modify piping to run sludge to the bell press, lime stabilize and dewater in order to save wear and tear on the centrifuge.

 

Interim Superintendent Aingworth reported that currently the Plant is operating with one centrifuge, the other two were set to go online, but the flooding has interrupted that plan.  That part of the contract is backed up.  Digesters 1 and 2 were set to go online so that number 3 could be taken off line.  Flooding impacted that plan also. 

 

She reported that they are on a "slippery slope" as far as their ability to remove solids, particularly if the one working centrifuge has problems. It has been having some problems as it is being run constantly 12 hours a day and is handling river sediment.  Interim Superintendent Aingworth reported that it has been difficult to keep up and she does not want to fall behind and get into an emergency situation. 

 

The costs associated with hiring a service to dewater are reimbursable by FEMA as they are related to flood damage.

 

Mr. Helisek indicated that at the July 11, 2006 meeting it was noted that the centrifuges were scheduled to be on line within two months.  He asked if there was a problem with delivery.  Mr. Kinsman responded that the problem was that the project manager did not want to put all of the river silt through the new centrifuges.  Mr. Bennett responded that the contractor has voiced a concern about waiving the warranty due to the river sediment.  This proposal would also relieve the staff, which is working an excessive amount of overtime. 

 

The one proposal that has been received is for $132,000.00 for a three-month minimum contract to run the process 6 days a week.

 

Compliance Schedules

 

Mr. LaFever provided a draft compliance schedule of all milestones associated with the Industrial Pre-Treatment Program. 

 

Letter to Broome County re: Landfill

 

Mr. LaFever provided a draft of the letter being sent to Broome County containing the draft permit application to begin the process for them to apply for a permit to be treated as an industrial user and asking for information (quantity, quality of leachate).   Stearns & Wheler will be scheduling a meeting with the County to determine if they can take the Plant's biosolids.

 

Mr. Kinsman noted that with the flood and the delay of the Plant's construction, the dates for acceptance of the County's leachate may be delayed. 

 

APPROVAL OF MINUTES

 

Chairman Augostini asked for a motion to approve the minutes from the July 11, 2006 and the July 25, 2006 meetings. 

 

Mr. Kinsman made a motion to accept the minutes from the July 11, 2006 and July 25, 2006 meetings as presented.  Second by Mr. Hulbert.

 

 

 

Chairman Augostini asked that Mayor Lewis be attended as a guest at the July 25, 2006 meeting. 

 

Motion carried:       5 ayes

0 nay

1 absent 

 

FISCAL OFFICER'S REPORT

 

Chairman Augostini presented a Fiscal Officer's Report with a balance of $2,549,113.31. Binghamton University has paid their final billing for 2005.  They have received third quarter payments from the Town of Union, Town of Binghamton, Town of Kirkwood and Port Dickinson.  The fourth quarter billings will go out in two weeks. 

 

Chairman Augostini asked for a motion to accept the Fiscal Officer's report. 

 

Mr. Kinsman made a motion to accept the Fiscal Officer's report as presented.  Second by Mr. Transue. 

 

Motion carried:       5 ayes

0 nay

1 absent 

 

BOARD LISTING

 

Chairman Augostini presented a Board Listings totaling $411,089.84. 

 

Mr. Hulbert made a motion to approve and pay the Board Listing totaling $411,089.84.   Second by Mr. Dellapenna.

 

Motion carried:       5 ayes

0 nay

1 absent

 

SUPERINTENDENT'S REPORT

 

Violations, Complaints & Significant Problems

                                   

·        The plant and Johnson City Pump Station have been severely damaged by the flood of June 28.  Repairs and replacement of equipment has commenced.  A process to follow regarding purchases for flood repair needs to be defined.

·        The compost bioreactor spontaneously combusted on July 15.  Vestal Fire Department responded and Plant personnel obtained nitrogen to control the fire.  This process is ongoing.

·        Broome County Planning contacted the Plant to request information regarding capacity for the possible new site location of a food processing plant.

 

Compliance

 

·           The effluent suspended solids limit was met in July. 

·           Influent suspended solids were 159, and effluent suspended solids were 41, which is an average 74% removal.  Current effluent limits for suspended solids are 53.  Influent BOD was 147 and effluent BOD was 102, which is an average 31% removal.  The effluent BOD limit is 132.

·           Iron limits were met in all samples collected.

·           Sampling was restarted on July 10, 2006.

 

Personnel

 

·           Pending:  Informational request from Civil Service regarding new title changes. 

·           Pending:  We are coordinating with Binghamton Civil Service to review qualifications for several positions including shift operators (4), computer analyst (approved and funded as of June 1), as well as instrumentation technician. 

·           Pending:  Staff Plan.

·           Continuing: Management personnel continue management training with consultant Jack Bills.

·           Continuing:  Three more staff members are registered to begin Operations training.

·           Initiated:  We have begun to update our emergency response plan and safety training and had the county HAZMAT and Vestal Fire chief here for a preliminary planning meeting and tour.  We have also requested that Broome County Emergency services add us to their emergency warning list.

 

Compost Facility

 

·        Continuing:  The compost bioreactor spontaneously combusted as a result of the power shutdown due to flooding.

·        Continuing:  We are working on bid specifications with Stearns & Wheler for additional repairs of the compost facility.

 

Operational Issues

 

·           Plant personnel are working overtime in their efforts to bring the plant back to pre‑flood conditions as a result of flooding on June 28.

·           Plant personnel have received quotes for the replacement of our skimming system.  The current skim troughs are leaking profusely, and result in continuous pump operation and grease problems.

 

Digesters

 

·              Number 3 digester is currently dormant due to damage to equipment. 

 

 

Centrifuges

 

·              The Westphalia centrifuge is on-line.  The two new centrifuges are scheduled to be on line within two months.

 

Influent Pumps

 

·              Pending:  Corrective action is being planned through C & S Engineers and lead agency, the Village of Johnson City.  The Johnson City Terminal Pump Station suffered significant damage.  The corrective action being coordinated by Johnson City may assist in the repair of some problems. 

   

 Primary Tanks

 

·           We are in Primary only mode with tanks 1-6 on line, 7-8 cleaned and pending repair.  Currently 9-10 are still out of service pending cleaning and evaluation.

 

Industrial Pretreatment Program

 

·        Continuing:  Stearns & Wheler is assisting our staff with the Industrial Pretreatment Program.  We received a request for medical waste discharge from a local hospital and determined that an informational letter is needed for these medical facilities.

 

Plant Business

 

·           We are exploring and gathering information from several companies regarding contract services.

 

Recommended Board Actions

 

·           Interim Superintendent Aingworth is asking that the Board waive the formal bid process in lieu of 3 quotes to purchase emergency equipment.

 

Attorney Murphy advised providing a written statement at the next (August 29) meeting underlining why a certain situation is an emergency situation. 

 

Mr. Helisek advised obtaining a report from C&S indicating that if one of our other 1‑6 primaries went down, that we will be grossly in violation and will not meet any health standards and in their opinion it is an imminent emergency.  Interim Superintendent Aingworth will ask C&S for a statement in writing.

 

Chairman Augostini advised asking Art Van Gelder for a letter on the status of all tanks and based on the letter, the Board will take action.

 

 

 

Contract 3 – BAF's

 

Work is in progress but has suffered a significant setback with the flooding of June 28, 2006.

 

Contract 4 – Solids Handling

 

Work is in progress but has suffered a significant setback with the flooding of June 28, 2006.

 

CORRESPONDENCE

 

Mr. Helisek received a phone call from Mark Mancini of the Broome County Health Department regarding grease disposal by restaurants.  The Broome County Health Department does not track or inspect for grease disposal.  Mr. Helisek asked for a response in writing.  Mr. Mancini did not have authority to write such a response, but would discuss it with his superior.

 

Interim Superintendent Aingworth advised that the EPA has a program called FOG (Fats, Oil, Grease).  It is a voluntary program at this time, but will become mandatory at some point.  Mr. Murphy advised that the Board/Plant should consider making this program a part of the sewer ordinance.

 

Mr. Hulbert asked if Broome County Planning could be approached regarding initiating within the SEQRA program a directive that when an application (under SEQRA) is filed requiring the submission of the (anticipated) amount of gallons per day, per week, per month that will be deposited into the Plant.  Attorney Mr. Murphy will ask Rita Petkash for more information.  Mr. Murphy is encouraged by the communication the Board has received regarding issues from Broome County Planning. 

 

BOARD COMMITTEE REPORTS

 

Mr. Kinsman reported that the Construction Committee held one meeting with Interim Superintendent Aingworth and Howard LaFever pertaining to the lime stabilization project.  They are working to get the project moved along.

 

NEW BUSINESS

 

Interim Superintendent Aingworth reported she has met with Mr. Miller in formulating the budget for 2007.  She distributed the draft proposed budget to the Board. 

 

The Board discussed the proposed budget and the process for changing the proposed budget.  The budget as proposed by Ms. Palmer is $5,002,633.00.  With the Interim Superintendent's staffing goal, the proposed budget is $5,482,507.00.  Both proposals are without benefits and insurance.

 

The Board discussed allocations for various budget lines.

 

The new proposed personnel number is 51 employees as proposed by the Interim Superintendent.   The Board discussed personnel requirements at the Plant.

 

After considerable discussion the Board decided on the following personnel changes for 2007:

 

Electrician/Instrumentation Assistant                        1

Operator/Lab Director (1/2 year position)                1

Shift Lead Operator                                                    4

Operator Trainees                                                      4

Maintainers                                                                11

Operators                                                                     3

 

The Board went through the budget line by line recommending increases/decreases to the various lines.  Interim Superintendent Aingworth will e-mail the proposed changes to all Board members.

 

Motion made by Mr. Hulbert to accept the proposed budget as amended by the Board at approximately $5,612,529.00 before benefits.  Second by Mr. Dellapenna.

 

Motion defeated:    3 ayes

2 nay

1 absent

 

It was decided the Board would reconvene on Thursday, August 10, 2006 at 7:00 a.m. in the Johnson City 2nd Floor Conference Room to review the amended budget amounts and submit the proposed budget for a vote by the Board. 

 

Motion by Mr. Dellapenna to meet at 7:00 a.m. on Thursday, August 10, 2006 to set the budget.  Second by Mr. Hulbert.

 

Motion carried:       5 ayes

                                    0 nay

                                    1 absent

 

EXECUTIVE SESSION

 

No Executive Session.

 

Motion by Mr. Hulbert to adjourn at 6:05 p.m.  Second by Mr. Dellapenna.

 

Motion carried:       5 ayes

0 nay

1 absent

 

The next regularly scheduled meeting is scheduled for Tuesday, September 12, 2006 at 1:30 p.m. in the City Clerk's Conference Room Binghamton. 

 

I Michele Cuevas have reviewed and made corrections on Page 8 under board recommendations

 

TIME & PLACE OF NEXT BOARD MEETING

 

 

Tuesday, September 12, 2006 @1:30 PM

Binghamton City Clerk's Conference Room

 

 

Respectfully submitted,

 

 

Kathleen C. Carney

Transcriptionist

 

 

 

 

 

 

 

 

cc:       All Board Members

            Mayor Ryan, City of Binghamton

            Mayor Lewis, Village of Johnson City

            Kenneth P. Helisek, Esq.

            Robert C. Murphy, Esq.

            Beverly J. Palmer, Fiscal Officer

            Catherine Aingworth, Interim Superintendent

            Eric Denk, City Clerk, City of Binghamton

Haylor, Freyer & Coon

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