DRAFT COPY DRAFT COPY
DRAFT COPY
MINUTES OF A REGULAR MEETING OF THE
Johnson City, 2nd Floor
Conference Room
Members Present: Thomas
R. Augostini, Chairman
Thomas Dellapenna, Jr.
Eugene
Hulbert
Kenneth
Kinsman
Arthur Ospelt
Kevin Transue
Also Present: Robert C. Murphy, Esq.,
Co-Counsel--ABSENT
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: Bob Bennett, Engineer,
Art
Van Gelder,
Bob
Palladine,
Luke
Day, Binghamton DPW
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Chairman
Tom Augostini called the meeting to order at 1:31 p.m.
PRIVILEGE OF THE FLOOR
Bob
Palladine of C&S Engineers updated the Board on the Flood Damage Assessment
Report. C&S is currently compiling a
list of impacted areas. FEMA visited the
Plant on July 12, 2006. A progress
coordination meeting was held for the construction, at which time each contractor
was asked to assess their portion of the work and notify C&S in writing of
the impact to equipment and schedule.
The
DEC (Sandy Lizlovs), FEMA and SEMO visited the Plant. Dr. Michael Saddler represented FEMA. Dr. Saddler is a consultant to FEMA representing
New York Technical Assistance Contract Service.
At
a general meeting with the DEC, FEMA, SEMO and the Plant, Art Van Gelder
presented the photos of the flood damage, gave a general overview of the Plant
and the general history of the project.
They presented an overview of the damages and also provided a walk
through of the existing Plant.
Interim
Superintendent Aingworth and Elliott Wagner had itemized all impacted areas and
the tour included all those impacted areas.
They
also discussed the rules for applying for aid.
The DEC, FEMA and SEMO scheduled a second meeting at the Plant on July
14, 2006 and at that time reviewed the new construction work under Contracts 3
and 4.
FEMA
explained that that if the Plant did not own the equipment (under Contracts 3
and 4), FEMA might not be able to reimburse for it. Mr. Palladine explained that ownership was an
issue and under the contract meant different things with regard to substantial
completion and occupancy. C&S
requested a meeting with FEMA to explain the ground rules. On Friday, July 14, 2006 they reviewed the
FEMA rules and it was determined that for projects under construction, those
damages for which the municipality is responsible are reimbursable and those
for which the contractor is responsible under the contract are not. Currently everything is reimbursable.
As
the BAF equipment was previously procured by the owners under Contract 1 and
was bought, paid for and stored by the owner and turned over as needed to
Contract 3, it is considered owned by the Plant and is reimbursable. For the existing work under Contracts 3 and
4, for the owner supplied centrifuges and equipment, they are at 90%
completion. The equipment had been
supplied and inspected, installed and paid for. Although performance and
assessment testing had not been completed, the owner has taken the
equipment. The DEC and FEMA concurred
and believed that this would all be reimbursable.
Mr.
Palladine explained that for all equipment not owned by the Plant (owners), the
owner's protective liability insurance for this project is the builder's risk
insurance and this was procured by the Board (for the owners). Mr. Palladine felt that the conditions of
purchased, paid for and installed have been satisfied.
He
explained that FEMA and the DEC need to understand the scope of what was
damaged and then will get into the details and order of magnitude of the
cost. They explained that it was more
important that the all damaged items and areas be included in the scope of what
was damaged versus narrowing down the actual costs. The costs will be paid for on a reimbursement
basis. The Plant will spend the money
for repairs and submit documentation for reimbursement. He stressed that all damage be included in
the documentation to FEMA.
FEMA
and the DEC have asked for a Damage Assessment Report and under Work Order #4,
C&S will perform this inventory of damage for the existing plant. They are preparing the same report under
Contracts 3 and 4. They will compile one
report that lists all the areas and equipment that were impacted. He provided the setup for the report and
explained the procedure for completing the report.
The
Damage Assessment Report is due August 4, 2006.
For
all equipment, C&S has requested from the contractor and the supplier
whether the equipment can be repaired and if it can, the estimated cost of
repair. If the repair costs are more
than 50% of the replacement cost, FEMA will reimburse for new equipment.
Mr.
Palladine explained the Hazard Mitigation Grant Program. C&S will keep track of mitigation ideas
as they put together the Damage Assessment Report, gather more information on
the program and forward that to the Board/Plant.
Mr.
Palladine has created a website and provided access information to Board
members.
Mr.
Van Gelder reported that for planning purposes they are using 6-12 months as
the schedule timeframe it will take to repair the plant. The contractors have been asked to give time estimates
with each item for repair/replacement.
They will be generous but realistic with their estimates.
Mr.
Van Gelder reported that any scrapped materials may be offered to the Plant
after insurance review. Mr. Palladine
reported that in the builder's risk policies there is $1 million on
Contract 3 and $1 million on Contract 4 and no coverage on the existing
plant. The first $1 million in repairs
under Contracts 3 and 4 will be paid from the insurance policies and FEMA will
reimburse the remainder.
Mr.
Van Gelder reported that they are well on their way towards cleaning mud and
debris. Estimates and costs for repair
and replacement are being collected from contractors on all three contracts (1,
3 and 4). Mr. Van Gelder is asking for a
repair and a replacement estimate on each and every item damaged. Some areas have had to be cleaned two or
three times to remove the silt. They are
also progressing contract work where possible.
Mr.
Van Gelder reviewed the status of the boilers, digesters, TPS system,
electrical system and pumps. They
discussed submersible pumps as a possible alternative under the mitigating
measures grant.
Superintendent's
Report
Interim
Superintendent Cathy Aingworth reported that the switchgear in the pump house
is not under warranty and will need to be replaced again. It will be covered by FEMA.
They
are proceeding with clean up. The west
side of the plant is a more difficult task.
While tanks 7 through 10 are off line, they are taking the opportunity
to install gates and valves that need to be installed under Contract 3.
They
are currently meeting their numbers (from the permit).
They
are continuing to work on estimates for repairs and recovery.
The
Plant will be added to the list for Broome County Emergency Services for
notification of weather emergencies, etc.
The
compost fire was a smoldering fire. As
power was cut off to the compost facility due to the flood, the compost could
not be aerated or mixed. Interim
Superintendent Aingworth has listed the compost fire on the list of
repairs/recovery items as the fire occurred due to flood damage.
Interim
Superintendent Aingworth reported that lime stabilization is difficult in hot
and humid weather due to clogging issues.
Mr.
Kinsman had a conversation with Mike Richardson regarding negotiations. As the union is looking at coming up with an
alternative medical plan, negotiations will not convene until late August or
early September.
Interim
Superintendent Aingworth reported they are continuing with their personnel
staffing, job descriptions, etc.
Motion
to adjourn at 2:45 p.m. by Mr. Ospelt.
Second by Mr. Hulbert
Motion
carried: 6 ayes
0 nay
0 absent
The next regularly scheduled meeting is Tuesday, August
8, 2006 at 1:30 p.m. in the Second Floor Conference Room in
Johnson City. The second August meeting
will be Tuesday, August 22, 2006 at 1:30 p.m. in the Second Floor
Conference Room in Johnson City.
TIME & PLACE OF NEXT BOARD
MEETING
Tuesday, August 8, 2006 @
Johnson City, Second Floor
Conference Room
&
Tuesday, August 22, 2006 @
Johnson City, Second Floor
Conference Room
Respectfully submitted,
Kathleen C. Carney
Transcriptionist
Mayor Ryan, City of
Mayor Lewis,
Kenneth P. Helisek, Esq.
Robert C. Murphy, Esq.
Catherine Aingworth, Interim Superintendent
City of Binghamton, City Clerk
File