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MINUTES OF A REGULAR MEETING OF THE

BINGHAMTON-JOHNSON CITY JOINT SEWAGE BOARD

Tuesday, September 12, 2006

City of Binghamton, City Clerk's Conference Room

 

Members Present: Thomas R. Augostini, Chairman

                                                                                         Eugene Hulbert, Vice Chairman

Thomas Dellapenna, Jr.

                                                                                                                  Kenneth Kinsman

                                                                                                                          Arthur Ospelt

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

                                    John Cox, Fiscal Officer

            Michele Cuevas, Confidential Secretary

            Kathleen C. Carney, Transcriptionist

 

Guests:     Bob Bennett, Engineer, Village of Johnson City

John LaGorga, Stearns & Wheler

                                                                                          Bob Palladine, C&S Engineers

                                                                                                                                Jack Bills

                                                                                                                                                                                   

                                                                                                                                                                                               

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

 

Chairman Tom Augostini called the meeting to order at 1:32 p.m.  

 

PRIVILEGE OF THE FLOOR

 

Stearns & Wheler

 

Lime Stabilization Project

 

Construction of the lime stabilization system is expected to begin mid-October with completion by the first or second week of November (tentative schedule).  Mr. LaGorga will be meeting with Plant Management to discuss operations critical to plant operations that may be affected by the construction of the lime stabilization project.  He believed that primarily solids handling would be affected by the construction. 

 

 

Staffing Project

 

Stearns & Wheler has submitted a draft to the Board and have agreed to meet in workshop format on September 26 to finalize the report with the Board. 

 

Industrial Pre-Treatment Program

 

Stearns & Wheler have permits for three industries that have come due September 2006.  They will issue permits with the old limits and advise the industries that new limits will be put into place and a new permit will be issued.  Mr. LaGorga would like to develop a timeline for changing the rules and regulations at the September 26 meeting.

 

The rules and regulations are being changed in an effort to accept the leachate from the Broome County Landfill.  Stearns & Wheler has prepared a draft letter to the Broome County Landfill.  The permit is in draft format at this point.  Mr. LaGorga will invite Henry Wiseman and Brian Donnelly from Broome County to the September 26 workshop meeting in order to explain the swap of services being proposed.

 

Mr. LaGorga distributed a laminated compliance schedule to all Board members.

 

C&S Engineers

 

Construction Progress

 

Bob Palladine provided a status on the construction projects. 

 

Contract 1:  Bubble testing is being done in the filter cells.  Fine and course gravels for the media in the C filters is being delivered.  Screen repair is being done. 

 

Contract 3:  Installation of the last slide gate is proceeding as well as installation of gas and water lines and installation of the gravel that is being delivered by IDI.  Removal is being done of the secondary influent pumps that were damaged in the flood.  Clean up and painting due to the flood is continuing.  Reconstruction of the creek and the embankment to repair flood damage has begun.  The miscellaneous metals work around the site is being completed and electrical work is being done in the D-N filter complex.  Instrumentation provided by IDI is being installed. 

 

Contract 4:  Site restoration, repaving, and clean up of the buildings due to the flood is being conducted.  Re-inflation of Digester 2 due to the issue with the valves is being done.  Gas and water lines and wires are being disconnected in order to get the boilers ready to remove.  The boilers are the long lead item. C&S has received schedules from Faulter and Pinnacle. 

 

Pinnacle is ready to turn over the two centrifuges.  Plant staff would like to put those into operation, providing back up for the one they have now. 

 

The grinder pump for one of the two centrifuges is still an outstanding item.  It will be relocated in the plant to take the place of one that was damaged by the flood.  Both machines have been received.  A letter is expected from Westphalia indicating they are ready and the only issue is one of timing.  At this point, testing will be performed and after the parameters are met, a performance bond will be put into place.

 

Consent Order

 

The DEC has asked for a schedule for the consent order.  C&S has Faulter and Pinnacle's information and are waiting on IDI, Matco and some of the contractors.  Mr. Palladine will get the information to put together the best schedule possible. 

 

FEMA

 

Mr. Palladine will have version 3.0 of the Flood Damage Report ready by Wednesday, September 20 and will provide that to the Board.  It will also be posted to the FTP site.

 

Mr. Palladine is concerned that FEMA is still questioning eligibility issues.  They are planning to preserve eligibility.  FEMA is asking for vouchers and payment verification.  C&S is providing them with the information being asked for.  As the contractors of record were competitively bid, C&S will formally request that FEMA acknowledge their eligibility (rather than returning to the bid process).  C&S has all the advertisements and bid tabs, providing verification that all contracts were competitively bid.  

 

APPROVAL OF MINUTES

 

Chairman Augostini asked for a motion to approve the minutes from the August 8, 2006 meeting.

 

Mr. Dellapenna made a motion to accept the minutes from the August 8, 2006 meeting as presented.  Second by Mr. Hulbert.

 

Motion carried:       4 ayes

0 nay

1 abstain (Mr. Ospelt was absent for the August 8 meeting) 

 

The minutes from the August 29, 2006 meeting will be approved at a later meeting.

 

FISCAL OFFICER'S REPORT

 

Ms. Palmer introduced John Cox, Deputy Comptroller to the Board.  Mr. Cox will be attending future meetings.  Board members introduced themselves to Mr. Cox.

 

Ms. Palmer presented a Fiscal Officer's report with a balance of $2,874,447.62.  As of this date, all third quarter billings and SUNY's final bill have been paid.  Next week the fourth quarter 2006 billings will be mailed out.

 

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

 

Motion carried:       6ayes

0 nay

0 absent 

 

BOARD LISTING

 

Ms. Palmer presented a Board Listing totaling $205,829.01.  She also provided a listing of current encumbrances as of August 31, 2006. 

 

Ms. Palmer provided a copy of the Joint Sewer Budget that was presented to City Council on September 11, 2006.   The only changes made to the proposed budget were due to added personnel.  She added $20,000.00 to the State retirement, $10,000.00 to Social Security and $20,000.00 to the health insurance lines.  Ms. Palmer will inform the Board as soon as a hearing is scheduled for the budget.

 

Chairman Augostini asked if there was a rough idea from the total Board Listing of what would be submitted to FEMA.  Ms. Cuevas responded that a good majority of this listing would be submitted.  The Board listing does indicate, "flood related" as to those items that will be submitted to FEMA.  Plant management is tracking overtime hours for submission to FEMA.  Interim Superintendent Aingworth is developing a mathematical equation to determine the amount of additional chemicals used in flood clean up.

 

The claim for the 2005 flood has been closed out in order to begin processing of the claims for the 2006 flood.  There will be approximately $30,000.00 reimbursed to the Plant from the 2005 flood.

 

Ms. Palmer asked for an anticipated total expected from FEMA.  (She would like to construct the bills for the outside users less the FEMA charges on an early basis). 

 

Mr. Hulbert made a motion to approve and pay the Board Listing totaling $205,829.01.   Second by Mr. Kinsman.

 

 

Motion carried:       6 ayes

0 nay

0 absent

 

Mr. LaGorga of Stearns & Wheler presented the Board with a claim in the amount of $102,612.50, which represents approximately 40% of the material cost for the lime stabilization project.  The total cost of the project is $285,000.00.  Stearns & Wheler will owe payment to Schwing for this equipment within 30 days of the equipment being received (it is expected October 23, 2006).  They are submitting this cost to the Board in installments.  Next month they will submit a similar claim and by the end of October, all monies will be available to Stearns & Wheler in order to remit payment to Schwing.  This is solely equipment costs. 

 

Mr. LaGorga explained that the agreement Stearns & Wheler has with Schwing is that once the equipment lands, which is due October 23, 2006, the payment for the equipment will be due within 30 days.  Mr. LaGorga explained that if the Board preferred that they submit one bill and make payment all at once, that was acceptable as well. 

 

It was decided by the Board that this payment would be approved once the equipment was on site.   Interim Superintendent Aingworth will notify Ms. Palmer when the equipment arrives at the Plant.

 

This equipment is part of Amendment #6 and Amendment #9 of Stearns & Wheler's contracts.

 

Ms. Palmer asked how much was owed to Stearns & Wheler as of this date.  Ms. Cuevas will provide that information to Ms. Palmer.

 

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 continues.  Six out of ten settling tanks are on line.  A seventh tank is being put on line today.

·        There continues to be a controlled burn in the compost bioreactor.  Plan personnel monitor temperatures and apply nitrogen to control the temperature of the fire.  We have received one complaint.

·        The fecal coliform limit was not met due to problems with chlorine demand of tank debris from the flood.

 

Compliance

 

·           The effluent suspended solids, BOD and iron limits were met in August.

·           The fecal coliform limit was not met, due to problems with chlorine demand of tank debris from the flood.

·           Influent suspended solids were 148, and effluent suspended solids were 37, which is an average 75% removal.  Current effluent limits for suspended solids are 53.  Influent BOD was 183 and effluent BOD was 125, which is an average 32% removal.  The effluent BOD limit is 132.

 

Personnel

 

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

·           Pending:  We are coordinating with Binghamton Civil Service to review and approve qualifications for several positions including shift operators (4). 

·           A new building maintenance person has been hired.

·           Pending:  Staff Plan.

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

·           Initiated:   We have begun to label our buildings with numbers for emergency responders.  We have also requested that Broome County Emergency services add us to their emergency warning list.

·           Continuing:  Labor Management meetings to discuss new management initiatives, including scheduling and training.

 

 

Compost Facility

 

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

·        We have received one complaint from Steve Miller, Jr. regarding the odor from the burning compost.

 

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.

·           We have received quotes for temporary solids removal due to flooding from several companies contacted by Stearns and Wheler.  After reviewing these quotes, we have determined that the best course of action is to urge C&S to move quickly in the installation of at least one centrifuge from Contract 4 as a back up for solids removal.

·           Plant personnel have received quotes for the replacement of our skimming system.  We will be working with the city to develop bid specifications.

 

Digesters

 

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

 

Centrifuges

 

·              The Westphalia centrifuge is on-line.  One new centrifuge may 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, 7-10 cleaned and pending evaluation and repair. 

 

 

 

Industrial Pretreatment Program

 

·        Continuing:  Stearns & Wheler is assisting our staff with the Industrial Pretreatment Program. 

 

Plant Business

 

·           We are requesting permission to go out to bid for polymer, ferric chloride, HVAC maintenance agreement.

·           We have closed out the FEMA paperwork for the flood of April 2005 and begun the application process for the June 2006 flood.

 

Recommended Board Actions

 

We request the Board to declare an emergency and waive the formal bid process in lieu of three quotes to purchase emergency equipment, specifically main pumps, TPS pumps and electrical equipment, as well as drives for the west primaries. 

 

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.

 

Mr. Kinsman asked for a status on the outfall project.   Mr. Bennett replied that letters of interest were received (by Gary Holmes) and he was trying to schedule interviews with the firms that submitted letters of interest.  There has been no further progress since that time.

 

 

CORRESPONDENCE

 

Interim Superintendent Aingworth reported that a letter was sent to Sandy Lizlovs on August 16, 2006 regarding the lime stabilization.  No response has been received. 

 

Mr. Bennett reported that Travelers Insurance responded that they will not cover the Plant because it is in a flood plain.  Mr. Bennett is communicating with the local agent regarding this.  If Travelers does not cover the plant, all costs will go directly to FEMA.  The Plant does not have flood insurance.  The builder's risk policies on Contracts 3 and 4 were purchased by the Sewer Board.

 

BOARD COMMITTEE REPORTS

 

Mr. Kinsman reported that one personnel committee meeting was held with Mr. Bills.

 

Mr. Hulbert attended a County Public Works Committee meeting.

 

OLD BUSINESS

 

Mr. Bills reported that he has designed a management by objectives program specifically for the Plant.  The idea behind this program is to make certain that the Board identifies objectives for management of the Plant.  Measurements need to be put in place for Plant Management performance.  He stressed that support from the Board and Plant Management is imperative for success. 

Mr. Bills stressed that he will be working with Interim Superintendent Aingworth in the installation of this program.  Mr. Bills stressed that the initial objectives for this plan must be derived from the Board. 

 

The Board discussed extending Mr. Bills' contract through 2007.  The Board considered extending the contract an additional eight months (through December 2007) at the current monthly rate plus expenses.  Mr. Bills indicated that due to the flood, much of his training and programs will not be completed by April 30, 2007, the ending date of his current contract, thus the desire to extend the contract.

 

Mr. Hulbert expressed that in order for him to vote to extend the contract, he needs to know when the Board will agree to have the goals online for the Interim Superintendent.

 

Mr. Bills indicated he will ask that Board meetings be set after the regular Board meetings or in addition to regular Board meetings in order to address the issue of objectives by the Board. 

 

The Board members agreed to individually formulate goals and objectives as to the measurement of the Plant management and e-mail them to Jack Bills at JCB2@Adelphia.net.  Jack's phone number is 315-685-8616.

 

It was decided that one hour of the September 26 meeting would be committed to the Management by Objectives program by the Board.  Mr. Kinsman indicated he would like to see the objectives in place before the end of the year.

 

 

 

It was decided that the agenda of the September 26, 2006 meeting would be:

 

            1.         IPT with a representative from Broome County.

            2.         Staff plan with Stearns & Wheler.

            3.         Management by Objectives program with Jack Bills.

 

Chairman Augostini noted that the current contract with Mr. Bills contains a 30-day cancellation clause that either party could exercise.

 

Motion by Mr. Ospelt to adopt the Management by Objectives plan with the meeting on September 26, 2006 to iron out the details of what the Board's objectives are.  Second by Mr. Hulbert. 

 

The motion was amended as follows: 

 

Motion by Mr. Ospelt to adopt the Management by Objectives plan with the meeting on September 26, 2006 to iron out the details of what the Board's objectives are.  The Board is approving a plan for measuring the performance of the management staff at the Plant.  These objectives will be put into place by the end of 2006.  This is the program which the Board marked at the last meeting on August 29 as the written presentation dated August 29, 2006.  Second by Mr. Hulbert. 

 

Motion carried:       6 ayes

0 nay

0 absent

 

NEW BUSINESS

 

Interim Superintendent Aingworth asked for permission to go through the City of Binghamton for a contract to advertise for bidding polymer, ferric chloride and an HVAC maintenance agreement as well the equipment to implement the same (ferric).  Interim Superintendent Aingworth will ask that the bid be broken out by chemicals and equipment. 

 

Motion by Mr. Hulbert to go through the City of Binghamton for a contact to advertise for bidding polymer, ferric chloride and an HVAC maintenance agreement.  Second by Mr. Kinsman.

 

Motion carried:       6 ayes

0 nay

0 absent

 

 

Interim Superintendent Aingworth asked the Board to declare an emergency for the electrical repair at TPS and for the drives for the west primaries. 

 

The basis for the emergency at TPS is that the motor control center that was just installed is not guaranteed to not fail as all the equipment was damaged in the flood. 

 

The basis for the drives for the west primaries is that the tanks have not been put on line as of yet.  Although the Plant has dried them out, but are not confident in their ability to work (both drive motors and gearboxes).  They have received three quotes on drives motors and gearboxes.

 

The current condition is shaky at best and the Plant is concerned about losing the TPS terminal.  If they proceeded through the formal bid process, the Plant would be out at least three months and would not have pumping capability from TPS.  The Plant would be at risk for attendant fines from the DEC. 

 

The funds for these repairs will be taken from the contingency to equipment line fund.  These repairs will be reimbursed from FEMA.  The total estimated cost of the switchgear is $65,000.00 to $70,000.00 and the west primary drives is estimated to cost $80,000.00, for a total of approximately $150,000.00. 

 

Motion made by Mr. Hulbert to declare an emergency to waive the formal bid process pursuant to the normal procurement policy (in lieu of three quotes necessary under normal procurement policy) in effect by the Board.  The cost is not to exceed $150,000.00 to be paid from the contingency to the equipment line (249). The cost of these repairs will be reimbursed through FEMA.  Second by Mr. Transue.

 

Motion carried:       6 ayes

0 nay

0 absent

 

Chairman Augostini asked for a motion to extend the contract between Mr. Bills and the Board through December 31, 2007 for a continuation of the services he is providing (management services) to the Board.  Those services include:

 

·           Training

·           Setting up a personnel policy manual which covers wage and salary administration

·           Teaching supervisors how to handle grievances with the union contract

·           Management by Objectives program

·           Job descriptions for union contract

 

All programs have been interrupted due to the flood of 2006.  

 

Interim Superintendent Aingworth indicated that it was helpful to have Mr. Bills available to help with personnel issues and union issues.  She stressed that they do not have a human resources department and rely on Mr. Bills as well as the City of Binghamton's personnel department.

 

Mr. Kinsman made a motion to extend the contract between Mr. Bills and the Board through December 31, 2007 at the current rate with the same terms and conditions as the existing contract which terminates on April 30, 2007.  Second by Mr. Hulbert.

 

Motion carried:       5 ayes

0 nay

1 absent

 

EXECUTIVE SESSION

 

Motion by Mr. Kinsman to enter Executive Session at 4:04 p.m. to discuss personnel matters and the status of negotiations.  Second by Mr. Dellapenna.

 

Motion carried:       6 ayes

0 nay

0 absent

 

Motion by Mr. Hulbert to exit Executive Session at 4:30 p.m.  Second by Mr. Transue.

 

Co-counsel Helisek noted that no action was taken as a result of Executive Session.

 

Motion carried:       6 ayes

0 nay

0 absent

 

ADJOURNMENT

 

Motion by Mr. Kinsman to adjourn at 4:32 p.m.  Second by Mr. Dellapenna

 

Motion carried:       6 ayes

0 nay

0 absent

 

The second meeting for September is scheduled for Tuesday, September 26, 2006 at 1:30 p.m. in the Second Floor Conference Room in Johnson City.  The next regularly scheduled meeting is scheduled for Tuesday, October 10, 2006 at 1:30 p.m. in the Second Floor Conference Room in Johnson City.

 

 

 

TIME & PLACE OF NEXT BOARD MEETINGS

 

Tuesday, September 26, 2006 @1:30 PM

2nd Floor Conference Room, Johnson City

 

Tuesday, October 10, 2006 @ 1:30 PM

2nd Floor Conference Room, Johnson City

 

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, Acting Superintendent

            City of Binghamton, City Clerk

Haylor, Freyer & Coon

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