DRAFT COPY
MINUTES OF A
REGULAR MEETING OF THE
BINGHAMTON –
JOHNSON CITY
JOINT SEWAGE
BOARD
City of
City Clerk’s Conference Room
Members Present: Eugene Hulbert, Chairman
Kenneth Kinsman, Vice Chairman
Thomas Augostini
Thomas Dellapenna, Jr.
Edward Crumb
Kevin Transue
Also Present: Kenneth Helisek, Esq., Co-Counsel
John Perticone, Esq., Co-Counsel (absent)
Catherine Aingworth, Interim Superintendent
John Cox, Fiscal Officer
Michele Cuevas, Confidential Secretary
Dawn Sante, Transcriptionist
Guests: Arthur Van Gelder, C&S Engineers
Bob Palladine, C&S Engineers
Bob Bennett, Engineer,
John LaGorga, Stearns & Wheler
Judy Graham, Stearns & Wheler
Debra Preston, Supervisor, Town
of
Robert Weslar,
City of
Chairman Hulbert called the meeting to order at 1:32 p.m.
PRIVILEGE OF THE FLOOR
Town of Conklin – Debra Preston
A letter from Ms. Preston to the Board was reviewed. Ms. Preston advised the Board that Binghamton City Council held over their vote pertaining to her request for approval to extend the Town of Conklin’s sewer. Ms. Preston has followed protocol with regards to taking all necessary steps in making this request. She is unsure as to why City Council held over their vote. Mr. Crumb suggested that Ms. Preston speak to Ed Collins to see why the vote was held over. Ms. Preston was going to go to Mr. Collins’ office after leaving the Board meeting. Ms. Preston requested the Board make a recommendation based on the City eventually approving the extension of the Conklin sewer system. Mr. Helisek stated that is not possible; procedure is to first obtain two resolutions and then the vote needs to be passed by both municipalities. Mr. Transue stated that if the vote is passed by both municipalities and the Plant is financially able to do it, then the Board will pass the vote. Board members agreed.
Ms. Preston noted that water usage will be metered. Mark Gorgos (Coughlin & Gerhart, LLP) represents the Town of Conklin. He is looking into local law to advise if local hookups are on a well, are they able to hook up to sewer too.
Mr. Hulbert requested Ms. Preston provide a legal description of the area with tax map parcels and two resolutions to Mr. Helisek, who will then recommend a resolution to the Board. Mr. Hulbert called a special Board meeting for May 22, 1:30 p.m., Johnson City.
C&S Engineers – Arthur Van Gelder & Robert Palladine
Terminal Pump Station (TPS)
Three out of four pumps have been replaced and are up and running. Two shutdowns have been completed and final shutdown is scheduled for next week. Wet wells will not have to be drained for this last shutdown. The last pump system needs a valve replaced. Contractor is trying to salvage the existing 20” valve.
Tanks 5 & 8
Head house pumps have some piping problems and rotation issues but start-up is set for May 8. Baffle modifications have been completed for tanks 5 & 8. Mr. Palladine stated that the dye test has been started in Tank 5.
Mr. Transue had requested, via email to Mr. Palladine, that he be present for the first dye test. Mr. Palladine apparently did not receive this email. Mr. Palladine will invite Mr. Transue to the next dye test.
Mr. Palladine stated that results are pending but that Tank 5 looks better visually. The goal is to get volumetric efficiency up to about 50% with a 2-hour detention time. Mr. Palladine should have final data next week and plans on presenting results at the May 22 meeting.
Ms. Cuevas presented Mr. Hulbert with Falters’ Letter of Agreement totaling $73,713.40 which includes insurance. Mr. Hulbert signed the letter and Mr. Cox confirmed that Mr. Falters will receive payment by May 19.
Falters has been working on punch-list items. Methanol piping will be finished today. TPS, head house and tank work continues. Secondary influent is scheduled for May 9.
Contract 1 – Continuing to do check-out on instrumentation start-up. The valves have been repaired and inspected. One valve is left; additional testing is being done on that valve. Flow will be introduced within the next few weeks on BAF c-cells. Six of eight c-cells have been backwashed; work is currently at a hold so ink can dry but should be completed by the end of this week.
Contract 3 – Matco Electric is 99% complete with their work. Training is needed on the grinder pump for the control building lavatory by the Plumber. Mr. Transue questioned if testing has been done on backwash pumps. Mr. Van Gelder advised that there is not enough water volume to do testing on these pumps at this time. Instead, a shutdown will be done to ensure the pumps run the way they should run. Potable water has been used for the backwash system.
Contracts 4 – Methane gas is burning! There are some balancing issues but everything seems to be working relatively well. There are problems with digester #2; through either consolidation efforts or shrinkage cracks, an epoxy injection needs to be performed in the upper concrete ring. Repairs were started on May 7. Testing on digester #1 will be started. Demolition has started on the existing boiler system. Shawn Hemingway will be working on the SCADA system. The Plumber and HVAC contracts are 100% completed.
Maintenance Manuals
Mr. Van Gelder has been in touch with contractors to obtain electronic versions of the maintenance manuals. He is creating a chart that will list which contractors can and cannot provide electronic manuals. Mr. Hulbert requested contractors who can not provide electronic manuals advise just how electronic manuals can be obtained. Mr. Bennett clarified that contract states manuals must be obtained within 30 days after start-up; CST (Commissioning, Start-up and testing plan) is scheduled for November 1 so there is “plenty of time left”. Mr. Van Gelder reminded the Board that, at this time, performance is not being checked, but rather checking to see if the system functions mechanically.
FEMA
Additional money was granted for head house and credit was issued for the terminal pump station. SEMO revisions now have an Engineering line item costs. Mr. Palladine will do a revised spreadsheet with updates.
SPDES Permit
Pollutant sampling issue left. Pretreatment Program takes care of this on a monthly basis. Backup data that was sent in by Mrs. Aingworth looked good by Sandy at the DEC; waiting for feedback from Albany.
Consent Order
Consent Order is currently in the hands of Mary Jane Peachy (Digital Engineer’s Office) and Mr. Perticone also has a copy. Mr. Palladine has not heard back with regards to additional space. Mr. Palladine created an assembly of correspondence and will be sending that over to Mr. Perticone sometime the week of May 14.
Mr. Palladine noted that negotiations from draft to the Consent Order can take four to five months. Jim Burke (Regional Water Engineer), Ken Lynch (Regional Director) and the new Commissioner out of Albany are taking tours of various regional Plants. Mr. Palladine feels it would be a good thing if Mr. Lynch was present during negotiations.
Biofor CST Plan
(Commissioning, Start-Up and Testing Plan)
Revision 6 was distributed to each Board member. One last revision is expected. The DEC will be checking the next Permit revision to see whether it meets technology-based limits. Mr. Palladine clarified that performance testing data is the Plant’s responsibility and the Plant needs to meet the interim limits before, during and after sampling. Mrs. Aingworth confirmed that samples of effluent will be documented for the DEC to determine quality.
Independent of the SPDES Permit, in the Compliance Schedule, is a Unit Process Sampling Plan submitted by Mrs. Aingworth in May 2005. The DEC never sent comments to the Plant.
Stearns & Wheler – John LaGorga
Mr. LaGorga asked the Board to accept the Waste Hauler’s Treatment (WHT) report, requesting that once the Plant is fully online and the number of Plant staff is increased, the Board adopt and implement the WHT program. Highlights of the program include hours of operation, how haulers will be permitted, how haulers will be required to document what they are discharging, prohibited waste, waste permitted, permit fees, disposal charges and discharge operation policies.
Mr. Hulbert questioned how WHT fees were determined. Mr. LaGorga replied that numbers were benchmarked from Onondaga County numbers. Mr. LaGorga advised the Board that Mrs. Aingworth had reviewed the fees and found them to be reasonable.
The Board also reviewed a letter report from Mr. LaGorga summarizing the status on follow up of the surcharges recommended for permit holders to be applied to the Plant’s Industrial Wastewater Pretreatment Program (IWPP). Mr. LaGorga affirmed the reason there is a surcharge to certain industries is to offset the cost of treating that industry’s waste, not to offset the cost of the IWPP.
Historically, the Board has only surcharged for BOD and TSS. The Board can surcharge more. Stearns & Wheler recommends that if the Board surcharges Frito Lay and Crowley, consideration should be given with regards to surcharging Ascendia as well. Mr. Hulbert questioned why hospitals are not part of this surcharging fee and is it “fair” to only surcharge one type of industry. C&S will provide a list of what industries they are recommending. Mr. LaGorga advised that hospitals come under the “1,000 bed facility” category, therefore surcharging is not required.
Mr. LaGorga noted that fees would be mandatory with Permit renewals.
Mr. Kinsman questioned how it is determined what goes down the drains of new buildings and offices. Mr. LaGorga advised that a survey of water usage is taken every five years. Mrs. Aingworth concern with surveys is the validity. How well are they understood and how honest are they answered? Mr. LaGorga suggested the Plant develop a “tight” relationship with the Water and Plumbing Public Works departments, as Onondaga County does, requesting the Water companies advise the Plant when new buildings go up.
Mr. Hulbert asked Mrs. Cuevas to list the WHT program on the June agenda.
2006
ROLL OVER EXPENDITURES
Mr. Cox clarified that the deadline for rollover requests has passed; therefore, the Board cannot rollover any reserved funds into the 2007 budget. The Board had 60 days as of December 31, 2006 to submit such requests. Mr. Cox sent an email to the Board listing options.
Mr. Cox was requested to send in the Annual Update Report to the State by May 1 and has already received an extension to that request. Board members argued the point of holding money in reserve for special projects and what happens to those funds when natural disasters happen, causing interruption in the originally planned year for those projects. Mr. Cox stood firm stating that the Board can only bill for what actual expenses are. The Board was confident and secure in where reserved funds need to be spent.
Mr. Hulbert stated, “The overall question is what does the Board have to do to be able to leave $900,000 in the budget to take care of what was scheduled to be paid for in capital projects, and how does the Board get to the $1.2MM to take care of the baffle and skimmer project?” Mr. Augostini determined that the answer was to increase the 2007 budget by $1.02MM. This budget increase will need to back through City Council for approval. The concern here is that this request may be inconsistent with credits being issued the same time an overage in the budget is planned.
Another option is to use $952,000 plus contingency money to pay for baffle/skimmer project. This would still need City Council approval but would avoid the back-and-forth credit issue.
Mr. Cox will be speaking with Bev with regards to historical handling of overage and determine how best to proceed.
Mr. Hulbert noted that $225,000 was credit from NYSERTA in 4Q 2005. This money was kept in reserve for the Plant’s electric study and has not gone back to the users. Mr. Cox will look into finding which line item contains these funds. Mrs. Cuevas will provide Mr. Cox with copies of any historical minutes relating to this credit.
SCADA UPDATE
Mrs. Aingworth planned to review a packet Elliott Wagner prepared for the Board. The Board requested this be discussed at the June Board meeting. Mrs. Aingworth gave the packet of information from Mr. Wagner to Mr. Transue. At Mr. Hulbert’s suggestion, Mr. Kinsman, Mr. Transue and Mr. Wagner will meet to review.
APPROVAL OF MINUTES
Mr. Crumb made a
motion to approve the March 27 Special Meeting minutes. Second
by Mr. Dellapenna.
Mr. Crumb withdrew his
second motion to amend the minutes.
Mr. Helisek noted that “yeah” needed to be changed to “ayes”. Mrs. Cuevas will make corrections. Mr. Hulbert requested “absent” be listed next to Board member’s names not in attendance.
Motion carried: 6 ayes, 0 nay,
Mr. Transue made a
motion to approve the April 17 minutes.
Second by Mr.
Kinsman.
Mr. Transue stated he did not
recall mentioning the Dual supplier on pg. 7.
Mrs. Aingworth noted that FEMA covered the funds needed for the parts,
so this was now a “mute point” Mr.
Crumb and Mr. Dellapenna were not in attendance of the meeting and therefore
abstained from voting.
Motion carried: 4 ayes, 0 nay, 2 absent
MISCELLANEOUS
Robert Weslar (City of Binghamton Council Member) stopped in.
FISCAL OFFICER’S REPORT
Mr. Cox presented the Fiscal Officer’s Report with a balance of $3,623,934.63. He noted that the CD had matured and money currently in a CD earning 4.5% interest was going to be rolled over into another CD. All second quarter bills have been paid except relating to the Village of Port Dickenson.
Mr. Cox questioned detail to Mrs. Cuevas’ request that $600,000 needed to be turned over to the DVC. Mr. Augostini needs to know how this will be broken out before moving forward and will coordinate a meeting with Mr. Cox to review numbers.
Mrs. Aingworth advised the Board that 33% of the year has already been completed but the “Overtime” budget is almost half used and overtime spending will continue to increase. The reason being, there are a couple of positions at the Plant not yet filled requiring Plant staff overtime in covering these responsibilities. There are also some personnel issues that will be handled under the “overtime” line item. The “Personnel Services” line item will decrease.
Mr. Transue questioned chemical expenses.
Mr. Augostini made a motion to approve the
Fiscal Officer’s report as presented. Second by Mr. Dellapenna.
Motion carried: 6 ayes, 0 nay
APPROVAL OF CLAIMS
The May 2007 Claims spreadsheet was distributed.
Mrs. Cuevas
noted $259,371.91 is the actual total which included the addendum. Bob Murphy’s invoices were greater than what
was expected and are being reviewed for duplication.
Mr. Augostini made
a motion to approve the April 2007 Claims spreadsheet. Second
by Mr. Dellapenna.
Motion carried: 6 ayes, 0 nay
CORRESPONDENCE
Mrs. Aingworth noted the following correspondence:
SUPERINTENDENT’S REPORT – Cathy Aingworth
The Superintendent’s Report was circulated. Everyone followed along with Mrs. Aingworth.
Board Actions
Mr. Crumb made a motion to approve one employee attending the PERMA
Worker’s Conference May 24 and 25, up to 6 Plant employees approved by Interim
Superintendent to attend the NYWEA Summer Conference in Syracuse June 4-6 and
two employees attend the Water Environment Federation Conference in San Diego,
California in October. Mr. Kinsman
second.
Mr. Crumb amended his motion to include all usual and customary expenses.
Motion carried: 5 ayes, 0 nay, and 1 absent
OLD BUSINESS
Resolution to Amend Rules
& Regulations
Mr. Helisek suggested POTW (Publicly Owned Treatment Works) be spelled out and then the abbreviated version can be used thereafter. Board members agreed. Mrs. Cuevas will make corrections and distribute final copies to the Board at the May 22 meeting.
Mr. Augostini made a
motion that the Board adopts the Resolution to amend the Rules and Regulations
related to the use of the Binghamton-Johnson City Joint Sewage Treatment
Plant. Mr. Dellapenna second.
Motion carried: 5 ayes, 0 nay, and
1 absent
County-Wide Mapping Project
Mrs. Cuevas advised Ms. Petkash of the Board’s acceptance of the mapping proposal. Ms. Petkash was going to speak to Doug English and then get back to the Board. Mr. Hulbert asked Mrs. Cuevas to move forward in sending Ms. Petkash a letter, on behalf of the Board, confirming the Board’s participation, without waiting to hear back from Ms. Petkash. Mr. Hulbert also requested he sign the letter.
NEW BUSINESS
Mr. Crumb expressed he has felt mistreated by the Plant with regards to meetings. He historically has not received emails in a timely manner requesting his presence at certain meetings. Mr. Hulbert suggested that Board members keep Tuesday’s free moving forward in expectation of last minute meetings. A suggestion was made that perhaps all Board members should be copied on all correspondence between one another. No final conclusion was drawn.
Mr. Hulbert confirmed the June Board meeting for June 12, 1:30 p.m., Johnson City.
Mr. Transue requested the May 22 meeting be move since he will be out of town and would like to be in attendance when dye test results are presented. Board members reviewed alternative dates and determined that moving the meeting was not possible. However, the Board concluded that Mr. Palladine will be requested to email the Board with the dye test results prior to Mr. Transue leaving town on May 17. Mr. Transue will then have an opportunity to email comments and his recommendation to the Board. Mr. Cox will advise the Board the total capital dollars available to fund this project. Mr. Transue will accept the bids and present them to Mr. Hulbert.
EXECUTIVE SESSION
Mr. Crumb made a
motion to enter into Executive Session to discuss personnel issues at
4:58. Mr. Dellapenna second.
Motion carried: 5 ayes
0
nay
1
absent
Mr. Kinsman made a motion to adjourn the meeting at 5:15 p.m. Mr. Augostini second.
Motion carried: 5 ayes
0
nay
1
absent
Motion by Mr. Crumb was stated as follows: In furtherance of the Board’s position that
the Confidential Secretary position should be classified as “Exempt” under the
Civil Service Law, and that the Chairman be authorized to sign a letter to the
local Civil Service Commission stating (a:
that the Board was not timely made aware of the State Civil Service
Commission’s February 6th
letter to the Binghamton City Civil Service Commission saying “Exempt”
classification, (b) the Board disagrees with the State Commission’s
decision/classification based on the Inter-Municipal Agreement I. and (c) the
Board Requests reconsideration by the State Civil Service Commission.
Mr. Augostini second.
Motion carried: 5 ayes
0
nay
1
absent
TIME AND PLACE OF NEXT BOARD MEETING:
Tuesday, June 12 at 1:30 p.m., Village of
Johnson City, Municipal Office.
Respectfully submitted,
Dawn Sante
Transcriptionist
Cc: Board Members
Mayor Ryan, City of
Mayor Lewis,
Kenneth Helisek, Esq.
John Perticone, Esq.
John Cox, Fiscal Officer
Catherine Aingworth, Interim Superintendent
City Clerk, City of
Haylor Freyer & Coon
File