Mohawk Valley Water Authority – March 26, 2007

 

 

Chairman Gaston called the meeting to order at 5:02 PM and opened with the Pledge of Allegiance. 

 

Roll Call:  Present: Bruce Brodsky, Rolf Buchner, Vincent Coyne, Elis DeLia, George Gaston,  Joseph Hobika, Jr., Nathaniel Price, Millicent Rader-Harris, A. Eugene Snyder, Bette Szesny and Frank Trevisani.  Also present: Patrick Becher, Dick Goodney, Edward Earl, James Korfonta and Donald Weimer.   

 

Approval of the February 26, 2007 Minutes:

Ms. Rader-Harris asked to amend the minutes to say “Town of Trenton Supervisor” after Mark Scheidelman’s name.

Motion made by Ms. Szesny.  Seconded by Mr. Price.   

Vote:   (11) Ayes   (0) Nays   (0) Absent     

Motion carried.

 

Approval of the March 19, 2007 Public Rate Hearing Minutes:

Motion made by Ms. Szesny.  Seconded by Mr. Snyder.   

Vote:   (8) Ayes   (0) Nays   (0) Absent  (3) Abstain  (Mr. Hobika, Jr., Mr. DeLia, Mr. Coyne)     

Motion carried.

 

Resolution:  Approval of the 2007-2008 Mohawk Valley Water Authority Budget

A proposed annual budget was discussed by the Board at a workshop held on March 5 and March 12, 2007.  The Executive Director and Comptroller explained the proposed annual budget to the public at the rate hearing on March 19, 2007.  At the rate hearing and the March 26, 2007 Board meeting comments were received on the proposed budget and rate increase and such comments have been considered by the Board.    

Moved by Mr. Brodsky.    Seconded by Mr. DeLia.   

Vote:   (11) Ayes  (0) Nays     

Motion carried.

 

Budget/Rate Motions for MVWA:

1.       The Board of Directors approves the basic 2007-08 operating budget as recommended by MVWA staff in the amount of $9,447,544, combined with cash-financed construction and equipment budget of $1,442,700, debt service (principal and interest) and promissory note payment of $4,629,409, PILOT payments of $1,592,960 and capital reserves of $371,624 for a total base-budget of $17,484,237.

Moved by Mr. Brodsky.    Seconded by Mr. Hobika, Jr.

 

Mr. Hobika, Jr. pointed out that this amendment is reducing the budget by $50,000.

Motion moved with the amendment by: Mr. Hobika, Jr.   Seconded by:  Bruce Brodsky  

Vote:   (11) Ayes  (0) Nays     

Motion carried.

 

  1. The Board of Directors of the MVWA appropriates and budgets a total of $50,000 in borrowed funds to provide for annual expenditures for equipment, vehicles, road repair and capital labor beginning with fiscal year 2007-08.  Expenditures will be based on the approved 2007-08 approved MVWA budget.  The staff and Board Counsel are directed to forward appropriate documentation to the Finance Authority.

Motion made by:  Mr. Hobika, Jr.  Seconded by:  Mr. DeLia

Mr. Hobika, Jr. stated that this should be bonded funds not operating funds and withdrew the motion.  The Board agreed.

 

  1. The Board of Directors of the MVWA approves and authorizes the use of $150,000 of remaining cash carried forward from the previous fiscal year to offset operating expenses for the 2007-08 fiscal year.  This amount will reduce the overall rate increase by approximately 1.0%.  The resulting reduction will be applied to the rate model and the resulting water rates accordingly.

Moved by Mr. Brodsky.    Seconded by Mr. DeLia.   

 

Mr. Hobika, Jr. would like to add to the motion, that $150,000 be carried over to the current year as revenue as a Board designated expense.  Any remaining 2006-07 cash surplus should be carried over as a net asset and applied to the balance sheet or for other uses the Board designates. 

Moved by Mr. Snyder.    Seconded by Mr. Buchner.   

Vote:   (11) Ayes  (0) Nays     

Motion carried.

  1. The Board of Directors of the MVWA approves and authorizes a total of $1,442,700 for meters, hydrants, paving, construction equipment and capital labor segregated as “cash-financed construction & equipment” and financed with operating revenue.  In addition, on a periodic basis, the Human Resources Director is required to certify to the Board of Directors the labor and associated benefits by staff engaged in these capital projects. 

Moved by Mr. Brodsky.    Seconded by Mr. DeLia.   

Vote:   (9) Ayes  (2) Nays  (Mr. Hobika, Jr. and Ms. Rader-Harris)     

Motion carried.

Mr. Hobika, Jr. commented that this Motion is changing the HR Director’s job description and the HR Director’s employment contract.

 

  1. The Board of Directors of the MVWA approves the 2007-08 rate schedules as presented to the public on Monday, March 19, 2007 adjusted to conform to the changes the budget made at this meeting of the Board.

Moved by Mr. DeLia.    Seconded by Mr. Brodsky.   

Vote:   (9) Ayes  (2) Nays  (Ms. Rader-Harris and Mr. Trevisani)     

Motion carried for the Budget.

 

Resolution:  Decision Regarding Establishment of Water Rates, Fees and Charges Effective April 1, 2007

A number of factors are contributing to the need to raise rates. 

1.       The unfunded federal mandate to eliminate the two open storage reservoirs located in the town of Deerfield and Marcy.  A $14 million bond offering was issued last fall to finance the first phase of the program, which will cost nearly $25 million in total and must be completed by 2010. 

2.       A portion of the proposed rate increase is needed to generate an additional $400,000 per year for new debt payments due on the recent bonding. 

3.       $400,000 is necessary to complete a five-year program to place categories of capital expenses on a pay-as-you-go basis. 

4.       An extra $150,000 per year is required for a PILOT payment to the City of Utica.  This will be offset by reductions of approximately $50,000 in PILOT payment to school districts.

5.       $225,000 to continue and conclude the legal action against the Canal Corporation. 

Service rates and fees increases of 8.3% are expected to meet the increased operational and capital improvement costs contained in the 2007-08 budget.  To the average household would mean an increase of $1.95 per month, and $23.00 in the annual bill for water service.  It is the decision of the Board that the rates, fees and charges of MVWA in effect on the date of this

decision should be increased to the amounts shown on the revised water services rates and fees adopted at this meeting.  Said increases shall become effective April 1, 2007, for all billings rendered by MVWA on or after said date. 

Moved by Mr. Brodsky.    Seconded by Mr. DeLia.   

Vote:   (9) Ayes  (2) Nays  (Ms. Rader-Harris and Mr. Trevisani)     

Motion carried.

 

Resolution:  Award of Construction Contract at Deerfield Reservoir, Contract 2 – General Construction to CCI Companies Inc., Canastota, NY

The Board’s current Capital Improvement Plan calls for construction of a new 10 million gallon concrete water storage tank on the site of Deerfield Reservoir to comply with EPA water quality regulations.  The general construction scope involves site preparation and restoration, installation of pipe and valves and construction of a control building and related facilities.  Bids were received from four general contracting firms of which CCI Companies Inc., Canastota, NY in the amount of $1,952,900 was the lowest.  The sum is to be paid as a capital improvement.

Mr. Hobika, Jr. requested that all contracts be approved by the Authority’s counsel.

Moved by Mr. DeLia.  Seconded by Mr. Trevisani.   

Vote:   (11) Ayes  (0) Nays   (0) Absent   

Motion carried.

 

Resolution:  Award of Contract No. 3 for Electrical Construction for the Proposed Deerfield Reservoir Tank

The electrical construction scope involves furnishing and installing power and control wiring, controls and SCADA components for the new tank and control building and related facilities.  Bids were received from eight electrical contracting firms of which SC Spencer Electric, Constable, NY in the amount of $134,880 was the lowest.  The sum is to be paid as a capital improvement.

Moved by Mr. DeLia.    Seconded by Ms. Rader-Harris.   

Vote:   (11) Ayes  (0) Nays   () Absent   

Motion carried.

 

Resolution: Award of Contract No. 4 for Pre-Stressed Concrete Water Storage Tank Construction for the Proposed Deerfield Reservoir Tank

The water tank construction scope involves erecting a 10 MG concrete tank in conformance with AWWA standards, piping interconnections and related facilities.  Bids were received from two tank construction firms of which Natgun Corp., Wakefield, NY in the amount of $3,148,300 was the lowest.  The sum is to be paid as a capital improvement.

Moved by Mr. DeLia.   Seconded by Mr. Trevisani   

Vote:   (11) Ayes   (0) Nays    (0) Absent   

Motion carried.

 

Resolution:  Award of Professional Services Contract – Deerfield Tank and WTP Construction Observation (CO)

The Board’s current Capital Improvement Plan calls for construction of a new 10 mg water storage tank at Deerfield Reservoir and a new 2.0 mg Clearwell at the Water Treatment Plant.  The Board requested proposals from six professional engineering firms to perform on-site construction observation at both projects.  Proposals were received from four respondents on the basis of qualifications, technical approach and fees, Barton & Loguidice Consulting Engineers, Syracuse, NY was the highest ranked responsive professional firm for the sum of $113,000.  Sum is to be paid as a capital improvement. 

Moved by Ms. Rader-Harris.   Seconded by Mr. Hobika, Jr.   

Vote:   (11) Ayes   (0) Nays    (0) Absent   

Motion carried.

 

Resolution: Water Treatment Plant Clearwell, Sludge Beneficial Use Determination (BUD)

The WTP generates up to 1000 cubic yards of sludge annually that is stockpiled on site.  The sludge will need to be disposed of off-site in a Sanitary Landfill unless an alternative use can be found.  Evaluation of alternative uses for WTP sludge is termed by NYSDEC as a “Beneficial Use Determination” or BUD.  Based on earlier studies, there is potential to use the WTP Sludge as a component of a topsoil mix, which could be utilized to restore the site of the new Clearwell.  The WTP Clearwell design was completed by Barton & Loguidice Consulting Engineers.  B&L contacted the NYS DEC regarding sludge reuse on site and has confirmed that a new BUD must be prepared.  B&L has prepared a brief scope of services and has proposed fees of $5,700 to complete the BUD.  The cost of these services shall be paid out of the Capital Improvement Fund.   

Moved by Mr. Hobika, Jr.   Seconded by Ms. Rader-Harris   

Vote:   (11) Ayes   (0) Nays    (0) Absent   

Motion carried.

 

Committee Reports:

Capital Projects:  Mr. DeLia stated that the committee met on March 19, 2007 and the notes from the meeting are in the board folders.  Everything the committee reviewed was acted on tonight. 

Budget and Finance:  Mr. Brodsky stated that consumption is down and revenue is on par with what was budgeted.  Mr. Korfonta stated that there should be a cash surplus at the end of the year, which will be used for next years budget.  Concerns – the system needs to expand or the rates will continue to rise.

Personnel Committee:  Mr. Coyne stated that the committee did not meet this month.

Operations:  Mr. Price stated that the committee did not meet this month.

 

Executive Director’s Report:  Chairman Gaston stated the Executive Director’s Report would move to Executive Session to discuss the contract with the management employees union.

 

New Business:  Mr. Brodsky stated that he placed in the Board folders two packets.  One is the Public Authority Law and the other is the Authority Budget Office Policy Guidance with respect to the roles and responsibilities of this Board.  Mr. Brodsky had three motions:

1)       The executive committee shall review and submit an updated code of ethics for consideration and report back to the Board in three months.

Motion made by Mr. Brodsky.  Seconded by Mr. DeLia.

Vote:  (11) Ayes   (0) Nays   (0) Absent

Motion Carried.

      2)   The model audit committee charter as proposed by the NY State Budget Authority Office shall be referred to the Finance Committee for review and recommendations to the Board within three months.

Motion made by Mr. Brodsky.  Seconded by Mr. DeLia.

Vote:  (11) Ayes   (0) Nays   (0) Absent

Motion Carried.

3)       The model governance committee charter as prepared by the NY State Budget Authority Office shall be referred to the Personnel Committee for review and recommendations to the Board in three months.

Motion made by Mr. Brodsky.  Seconded by Mr. Coyne.

Vote:  (11) Ayes   (0) Nays   (0) Absent

Motion Carried.

 

Mr. Becher stated that he would like to discuss in Executive Session the Labor Contract with the management employees union and the pre-mediation meeting that took place at Hancock & Estabrook regarding the Brascan/Canals lawsuit and settlement offer.

 

The next Board Meeting is scheduled for April 23, 2007 at 5:00 PM.

 

Mr. Brodsky moved to adjourn the meeting and go into Executive Session to discuss two items.   Seconded by Mr. Coyne. 

The meeting was adjourned at 6:25 PM.

 

 

 

 

Executive Session: 

The Board voted to approve a two-year extension to the existing collective bargaining agreement with the Management Employees Association.  The extended contract will expire on March 31, 2009.  The extension included two annual salary adjustments of 3.2% across the board for all members, effective on April 1, 2007 and April 1, 2008.  All other terms and conditions of the agreement will remain unchanged.  The contract extension has already been approved by the bargaining unit.  By its vote, the Board has authorized the Executive Director to enter into the contract extension.

Moved by:  Ms. Szesny.   Seconded by:  Mr. Coyne

Vote:  (10) Ayes  (0) Nays   (1) Absent  (Mr. Hobika, Jr.)

Motion carried.

 

The Board came out of Executive Session at 7:00 PM.

 

Mr. Becher discussed the non-remitted delinquent water bills transferred to the City of Utica taxes.  Numbers supplied by the City of Utica after an internal audit:

                                                1999 – 2004                  $257,000

2005                                                          $  81,000

2006                                                          (current)

Total to be remitted        $338,000

The City of Utica has offered to pay $200,000 by March 31, 2007 and $90,000 in April 2007.

 

Mr. Brodsky moved to accept the offer from the City of Utica.  Ms. Szesny would like to add that there be an independent audit done on an annual basis to be approved by the Board’s attorney.

Seconded by Mr. Coyne.

Vote:   (9) Ayes   (0) Nays    (2) Absent  (Mr. Hobika, Jr. and Ms. Rader-Harris)   

Motion carried.

 

The meeting was adjourned at 7:22 PM.

 

Respectfully submitted,

 

 

__________________________ 

Suzanne M. Harmon, Secretary 

Mohawk Valley Water Authority

  

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