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HomeMy WebLinkAbout2006_07_13 Town Board Minutes July 13, 2006 MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON JULY 13, 2006 AT 7:30 PM IN THE COURT ROOM OF THE TOWN, 740 W. BOSTON POST ROAD, MAMARONECK, NEW YORK PRESENT: Supervisor Valerie M. O’Keeffe Councilwoman Phyllis Wittner Councilman Ernest C. Odierna Councilwoman Nancy Seligson Absent:Councilman Paul A. Winick Patricia A. DiCioccio Town Clerk ALSO PRESENT: Stephen V. Altieri, Town Administrator William Maker, Jr., Town Attorney Christina Battalia, Deputy Town Clerk CALL TO ORDER The regular meeting of the Town Board was called to order by Supervisor O’Keeffe at 7:50 PM. She then pointed out the location of exits. AFFAIRS OF THE TOWN 1. Authorization – Westchester Joint Water Works Capital Project 1172A Rye Lake Filter Plant Supervisor O’Keeffe began with a brief introduction and history. She stated that under the Federal Statue Clean Water Drinking Act each state would be required to regulate the surface water in lakes and ponds. Each State is responsible for regulating this law. The WJWW together with the Village of Mamaroneck, the Town of Mamaroneck and the Town/Village of Harrison have done everything they can through litigation to not have to construct this Filtration Plant. At this point we have exhausted all appeals and are now under court order to build this facility. The government has also dictated the kind of Filtration Plant, making an Ultraviolet Facility unacceptable. Supervisor O'Keeffe introduced the three presenters, John Hoch Manager WJWW, Richard Peters, VP Hazen & Sawyer, Environmental Engineers and Brock Graham of Gilbane Building Co. John Hoch explained that when a multi municipal project is proposed there is the need and requirement for what is called a Plan , Estimate and Data report, the details of which are specified by law and are being presented here this evening. I. SCOPE OF PLAN This plan, together with the estimate and supporting data, relates solely to the construction of a water treatment plant for the Rye Lake supply as mandated by the State of New York and supersedes the Plan Estimate and Data of March 2, 2005. 1 July 13, 2006 II. CONTROLLING STATUTES Westchester Joint Water Works was formed under and exists pursuant to the provisions of Chapter 654, Laws of 1927 as amended. The plan herewith submitted is prepared in conformity with the 1929 amendment which requires the following procedure by the governing boards of the several municipalities to whom this will be submitted after its approval by the trustees of the Westchester Joint Water Works, viz: Each and all of the governing boards of the three member municipalities must approve this plan before any further steps can be taken. After its approval by resolution of the three governing boards of the member municipalities, the method of financing is left to the discretion of each governing board. It becomes fully effective when all three member municipalities have duly passed the respective resolutions. III. COST The estimated cost for this project is $60,824,032 as set forth below. Details of these costs are provided in the Appendix on page A-I. Cost Component Amount Filtration Equipment $ 7,100,000 All Other Costs $53,724,032 Total $60,824,032 For the purpose of the approvals, this amount will be rounded to $60,825,000. IV. APPORTIONMENT’ OF COSTS AMONG THE MEMBER MUNICIPALITIES The estimated cost of this improvement pursuant to Chapter 654 of the Laws of 1927, as amended, is to be apportioned among the member municipalities on the basis of the annual consumption of the water by each member municipality, expressed as a percent. The percentages for 2005 were as follows: Village of Mamaroneck 26.4% Tow of Mamaroneck 18.5% Town of Harrison 55.1% Total 100.0% In order to comply with court-ordered deadlines to build this filter plant the Board of Trustees of the Water Works authorized the design and purchase of the immersed membrane filtration equipment from Zenon Environmental Corporation on March 1, 2005 in advance of construction of the building. In accordance with the Plan Estimate and Data of March 2, the member 2005, municipalities authorized the Water Works to proceed with the first installment of Phase II of the agreement with Zenon as follows: Municipality Date of Resolution Amount Approved Allocation Village of March 14, 2005 $ 329,490 32.7% Mamaroneck Town of March 16, 2005 $ 211,600 21.0 Mamaroneck Town of Harrison March 10, 2005 $ 466,520 46.3% Total Previously $1,007,610 100.0% Approved * Based on 2004 consumption. The actual allocations will be adjusted as shown below to reflect Harrison Water District No. l’s (HWD) 10.49% share of the project cost which will be borne by the Town of Harrison. HWD was dissolved and became a part of WJWW on January 1, 2005. 2 July 13, 2006 Since this portion of the cost of the filtration equipment has already been approved, this Plan Estimate and Data (PED) seeks approval of the balance of the project, such that the total approval sought at this time is $59,817,390, the difference between the estimated project cost of $60,825,000 and the $1,007,610 already approved. To finance the cost of the balance of this improvement, the share of the respective member municipalities will be as follows: Municipality First Phase II of Balance Approved Total Installment, Zenon to be this PED Project Agreement Cost % Amount % Amount Village of 29.3 $294,930 26.4 $15,791,790 16,086,720 Mamaroneck Town Of 18.8% $189,400 18.5 $11,066,220 $11,255,620 Mamaroneck Town of 51.9 $523,280 55.1 $32,959,380 33,482,660 Harrison 100.0 $1,007,610 100.0 59,817,390 $60,825,000 1 Allocations based on 2004 consumption, adjusted for Harrison water District No.1 cost share 2 Allocations based on 2005 consumption Councilwoman Wittner asked Mr. Hoch why Ultra Violet was not an option. Mr. Hoch explained that the Department of Health took the position that because there is the potential for harmful runoff into the Kensico Reservoir, and because New York City is able to bypass the Kensico Reservoir and therefore eliminate this problem they were allowed to build an Ultra Violet Plant.. Councilwoman Seligson asked Mr. Hoch whether the percentages being used in the document to determine each municipalities share of the cost would remain the same through out the financing and building of this plant. Mr. Hoch answered yes. Councilwoman Seligson asked if we had looked into buying all of our water from the after- treated water from New York City. Mr. Hoch explained that because maintenance requires that aqueducts be closed at certain points in time, it is therefore mandatory that we have redundancy in means of acquiring water. Mr. Hoch further explained that other options were explored and it was determined that this was the most cost effective way to proceed. He further emphasized that although our water quality is excellent there were moments in the past when Coli form levels approached unacceptable levels. Mr. Hoch explained that the Aquarian Water Company of New York will participate in 15% of the cost of this and other projects as detailed on Appendix pages 2, 3 and 4, in effect reducing each municipality’s share of the cost by that amount. Supervisor O’Keeffe, stated although we are not deciding the financing of this project this evening, she asked Mr. Hoch to explain the options and time frame for financing this project. Mr. Hoch stated to date we have met all milestones for this project so far. In terms of moving forward we must award a contract by August 4, 2006, begin construction by September 3, 2006 and have the Plant in service by December of 2008. Further emphasizing that these deadlines have been mandated by the Court. Mr. Hoch further explained that monies have already been expended and financing now is required to move forward. He further explained how the municipalities would share the financing as mandated by law based on water usage. Richard Peters, from the Environmental and Engineering firm of Hazen and Sawyer, was introduced. There was then further discussion involving the construction of the Plant, specifically the membranes used and their life expectancy of 7-8 years. There was discussion regarding the membranes ability to filter out Guardia as well as Cryptosporidium. There was discussion of waste generated and where and at what 3 July 13, 2006 possible cost there would be for disposal. It was estimated that approximately 1 million annually would be needed for disposal. Brock Graham, of Gilbane Building Company, was introduced. It was explained that his company would be overseeing the construction of the Plant. There was further discussion about labor costs, legal costs, as well as construction management costs. Supervisor O’Keeffe asked Mr. Altieri to speak a bit about the cost and financing of the project. Mr. Altieri projected overhead for discussion and explanation the Attachment A, Schedule of Costs, from the Plan, Estimate and Data as follows: Attachment A Schedule of Costs Westchester Joint Water Works Water Filtration Plant Initial Design and Engineering $ 2,000,000 All Other Construction Costs 60,825,000 Total Project Costs $62,825,000 Town of Mamaroneck Contribution 1 Initial Design and Engineering 21.2% 424,000 Town of Mamaroneck Contribution 2 All Other Construction Costs 18.8% $11,252,625 Total Town of Mamaroneck Contribution $11,676,625 Total Project Cash Requirements August 2006— April 2007 $19,456,010 3 Town of Mamaroneck Cash Contribution$ 3,657,730 Phase 1 of Town Contribution $ 3,657,730 424,000 Total Phase 1 Borrowing $ 4,081,730 Balanced to be Borrowed in 2007 $ 7,594,895 1 Town contribution rate before inclusion of Harrison Water District #1 into WJWW 2 Revised contribution rate after inclusion of Harrison Water District #1 into WJWW 3 Represents Town contribution of 18.8% of construction costs for the period August 2006 to April 2007. In April of 2007 final financing of entire contribution will be completed. 4 Town share of initial design and engineering to be paid in September 2006 Mr. Altieri explained that by June of 2007 we would know whether we are able to obtain financing through the New York State Environmental Facilities Corporation. At that time, we will either issue the full amount of the Town’s share through EFC bonds or standard general obligation bonds to be issued by the Town. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the following was approved: 4 July 13, 2006 WHEREAS, this project will assure the customers of the Westchester Joint Water Works that the water supplied from Rye Lake will not only comply with the regulations of the State of New York, but will be of the highest quality; and WHEREAS, the Westchester Joint Water Works obtains all of its water from the New York City water supply system. Federal and state regulations which became effective on June 30, 1993, mandate that public surface water supplies must meet certain criteria in order to avoid being required to filter the water. Although the New York State Department of Health (NYSDOH) and the US Environmental Protection Agency (EPA) conditionally determined in December 1991 that New York City met the criteria for avoidance of filtration under the Surface Water Treatment Rule (SWTR), they determined that the Westchester Joint Water Works’ Rye Lake supply which is taken from the eastern part of the New York City’s Kensico Reservoir , did not meet the criteria at the time and thus mandated the filtration of the Rye Lake Water supply; and WHEREAS, the Westchester Joint Water Works, in an effort to save its customers from an estimated 40% increase in its water bills to cover the cost of such a project, initiated legal proceedings to avoid the necessity of constructing such filter plant. In addition, the Westchester Joint Water Works engaged the services of its consulting engineer to evaluate alternative options to filtration, and to also design a filter plant, should one be required in the future; and WHEREAS, in the litigation, the Westchester Joint Water Works committed to build an Ultraviolet disinfection plant if it were not required to build a filter plant, in view of the fact that such a plant would be far less costly to build and operate and could be placed in service sooner than a conventional filter plant. Such a facility has been approved by the NYSDOH for the New York City Delaware and Catskill supply in lieu of a filter plant. However, the court decreed that the Westchester Joint Water Works must proceed with the design and construction of a filter plant. The Westchester Joint Water Works must adhere to a schedule imposed by the Court in order to avoid substantial fines; and WHEREAS, the schedule requires that the Westchester Joint Water Works award the necessary contracts no later than August 4, 2006 and start construction of the plant no later than September 3, 2006. The plant must be on-line furnishing treated water to its customers by no later than December 3, 2008; and WHEREAS, the Westchester Joint Water Works must remain on the schedule set forth by the court or risk incurring fines that escalate from $500 per day up to $13,750 per day of violation. NOW THEREFORE, BE IT RESOLVED, that the Mamaroneck Town Board does hereby authorize the Westchester Joint Water Works to proceed with the construction of project A1172A for the Rye Lake Filtration Plant for an estimated total cost of $60,825,000 of which the share of the cost to the Town of Mamaroneck is $11,066.220 or 18.5% of the project cost; and BE IT FURTHER RESOLVED, that the Town Administrator recommended a two phase borrowing plan for this project. At a subsequent meeting there will be discussion as to how the Town’s contribution will be funded, specifically, whether funding will come from an increase in water rates an increase in property taxes or a 5 July 13, 2006 combination of the two. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Wittner - Aye O’Keeffe - Aye Winick - Absent 2. Authorization – Alarm Billing System Mr. Altieri explained that the Town Clerk’s Office is responsible for the issuance of the burglar alarm bills and false alarm charges billed to Town Residents. The current DOS computer software has experienced a series of difficulties that make modification or upgrading to the program impossible. Therefore the Town Clerk’s Office has received a proposal from Wellman Associates to provide new software programming. Wellman Associates currently provides burglar alarm billing software to the Villages of Mamaroneck and Briarcliff. On motion of Councilwoman Wittner, seconded by Councilman Odierna, it was RESOLVED, that the Mamaroneck Town Board does hereby approve the proposal from Wellman Associates to install a new software program for Alarm Billing to be used by the Town Clerks office at a cost of $4,475. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Wittner - Aye O’Keeffe - Aye Winick - Absent 3. Appointments – Boards and Commissions Planning Board Councilwoman Seligson read from Ellen Dunkin’s resume. She also thanked Mr. Robert Cohen for his years of service on the Planning Board. On motion of Councilwoman Seligson, seconded by councilwoman Wittner, it was RESOLVED, that Ellen Dunkin be appointed to the position of Member B on the Planning Board to complete Mr. Cohen’s unexpired term. BE IT, FURTHER RESOLVED, that the foregoing appointment shall be effective immediately upon the appointee taking and subscribing to the oath mandated in section 25 of the New York Town Law and shall expire on December 31, 2010. 6 July 13, 2006 The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Wittner - Aye O’Keeffe - Aye Winick - Absent Cable TV – Advisory Committee Councilman Odierna read from Barry Wohl’s resume for consideration of appointment to the Cable TV Advisory Committee. On motion of Councilman Odierna, seconded by Councilman Winick, it was RESOLVED, that Barry Wohl be appointed to the position of Town of Mamaroneck member of the Tri Municipal Cable TV Advisory Committee. BE IT, FURTHER RESOLVED, that the foregoing appointment shall be effective immediately upon the appointee taking and subscribing to the oath mandated in section 25 of the New York Town Law and shall expire on November 30, 2008. 4. Authorization - Change of Meeting Date On motion of Councilwoman Wittner, seconded by Councilman Odierna, it was RESOLVED, that the Mamaroneck Town Board does hereby change the August 2, 2006 Town Board meeting date to August 9, 2006, time and location to remain the same. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Wittner - Aye O’Keeffe - Aye Winick - Absent WRITTEN COMUNICATIONS Supervisor O'Keeffe stated that she and the Town Administrator received very favorable responses and letters from the community relating how well the US Open was run. The Town is planning an appreciation function for all those employees, especially those from the Highway and Police Departments, who did such a terrific job. REPORT OF COUNCIL Councilman Odierna stated how impressed he was with the job the Police did during the US Open especially the last day, emphasizing they never took their eyes off the crowd. 7 July 13, 2006 The first Concert in the park, Elvis night was a great success. The next concert, Swing Night, will have the addition of a dance floor. Councilwoman Seligson stated that the Historical Society’s Ducks will be on display at the Memorial Concert. BBQ style food will be available again. The movie in the park will be Madagascar on July 21, at 8:45PM. Rain site will be the Hommocks Ice Rink. Councilwoman Wittner attended the Fire Council meeting. Of special note was that our Volunteer Department was part of 19 units that went to help flood victims in New York State’s Broome County, adding she was very proud of these individuals. It was also noted that a tree and plaque dedication in memory of Deputy Town Clerk Carol Acocella th would be held on July 17. Councilman Odierna stated that speaking of emergency preparedness in regards to this tornado, it is not just terrorism we need to be prepared for. Supervisor O'Keeffe also added that our Highway Department went to help in the tornado zone, thanking Marco Gennarelli for facilitating this. Councilwoman Seligson attended the Planning Board meeting, at which a long discussion was held regarding Forest City Residential’s referral application to various Boards, specifically CZMC, BAR and the Traffic Committee. Mr. Altieri stated that the pool was up and running, adding that the two locker rooms would be functioning by July 14. Supervisor O'Keeffe reminded the residents that the Hommocks Pool is owned by the Mamaroneck School District. The Supervisor announced the next Town Board meeting would be held on August 9th, 2006. Then on motion of Councilwoman Wittner, seconded by Councilman Winick the meeting was unanimously adjourned at 10:00 PM. Submitted by _________________________________ Patricia A. DiCioccio, Town Clerk Prepared by: Christina Battalia, Deputy Town Clerk 8