MINUTES

COMMITTEE ON THE ENVIRONMENT & HEALTH

Monday, February 24, 2003 (3:00 P.M.)

MEMBERS PRESENT:       M. Kaplowitz, Chair; V. Pinto; M. Rogowsky; 

W. Ryan

BOL STAFF:                         T. Bernard, S. Kirkpatrick

GUESTS: W. Randolph, Legis. J. Alvarado, Virginia

Benedict, Hope Corbin, Linda Cooper, Sharon Robinson, Marion Sinek

DISCUSSION:

Chair Kaplowitz called the meeting to order at 3:20 p.m.

Linda Cooper, Supervisor of the Town of Yorktown introduced the Town Engineer, Sharon Robinson who would assist in the presentation.  Ms. Cooper outlined the history of diversion in Yorktown and the difficulty of determining what direction the Town should take.  The initial issue was keeping drinking water clean.  The county district in Peekskill was established to help Peekskill manage its wastewater and added small areas in Yorktown and Cortlandt by.  The initial prediction was for 6 mgd.

During the 1990s it was difficult to determine a direction because communities were waiting for DEP regulations.  The DEP Memorandum of Agreement called for a diversion study with the goal of removing 53% of effluent from water supply.  This was based on the elimination of 2.5mgd, the amount the Facilities Plan said Yorktown needed in 1991.  The current permit is at 1.6mgd.  New Castle and Yorktown were the most cost effective and became Phase I.

The scenario was not meant to encourage new growth.  The current number of vacant parcels to be developed is 134, not 300 which is vacant parcels.  Maps of Yorktown were showing to clarify what parcels were and were not connected to sewers.  Supervisor Cooper favors a study which

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looks at both diversion and upgrade.  However, upgrading is not possible in Yorktown under the current permit.  She would like to upgrade to 2mgd.

If Yorktown is only allowed to upgrade to 1.5mgd combining diversion and upgrading is an alternative, but that requires more money.  If Yorktown upgrades and some small areas are diverted, we have to pay to do both.  Other possibilities include stringent water conservation and purchasing property to prevent development and because the property can’t be connected to sewers.

Supervisor Cooper stated that upgrading would allow Yorktown the independence to operate separately from the County.  However, this does not address the issue of water quality.  Moving plants out of low water areas is a huge expense because you are building a new plant not upgrading.

Supervisor Sinek reminded the Committee that upgrading is not an option in New Castle.  There is a need to look at the funding effect from NYC.  She supports a decision that is fair to all areas and protects the water supply.  700 homes ($700,000 in assessables) in New Castle have been paying taxes to the Saw Mill sewer district will be coming off the rolls although new ones coming on will replace these.  These areas are “built out” and the agreement with NYC states that no new development may be added.  She also reminded that what is pumped out from the existing septic systems is taken to Hawthorne pumping station and, hence, to Yonkers.

Supervisor L. Cooper would like to Committee to consider the scope of SEQRA and why the process takes a year when so much work was already done.  Yorktown needs to proceed quickly.

Supervisor Sinek explained that the County urged the committee to not expend any money because they were seeking more money from NYC.  About $2M extra was added to $22M upgraded money plus the $4M.

In response the Chair Kaplowitz request for input on improving the process, Supervisor Cooper asked for 1) accelerate the time frame, 2) eliminate the appearance of impropriety and 3) allocation of funds to localities to be part

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of the process.  Leg. Pinto assured her that the conflict of interest would be resolved.

Virginia Benedict urged the Committee to include alternatives in the SEQRA.  The DEP should be attending the meetings since they are the ones making the rules.

S. Robinson outlined a variance process that allows owners of vacant property to petition the DEC to get them a sewer permit which has occurred four times in the last year.  This results in Riverkeeper and DEC penalties when Yorktown is not being given a permit for increased capacity.

Supervisor Sinek stressed the education part of the SEQRA especially in light of the misinformation in an editorial in the Patent Trader.  Stanwood has a piece in Bedford that should be included instead of waiting for Phase II.

There are misconceptions regarding increased development and the money.  The funds were given by DEC to Westchester County for use of the entire watershed community.  The opponents have talked about Bedford Correctional Facility which discharges into Beaver Dam, a trout stream.  Phase II hopes to upgrade that facility.  Engineering work in Yorktown was done on the assumption of diverting to Yonkers and New Castle hopes to be reimbursed.  Supervisor Sinek doesn’t see upgrading Bedford as particularly viable for many reasons.

There was a discussion of upgrading and reminder that DEP must accept as relates to water quality.  Supervisor Sinek stated that the opponents’ proposal to upgrade Random Farms and Riverwoods would not be a true upgrade.  Saw Mill River sewer district in New Castle alone is paying over a $1M., 70% of that assessed value is not being hooked up.  That is $725,000.  New Castle wants to pull out 700 homes because they will never be connected yet they are being pumped out to Hawthorne which

goes to Yonkers anyway.  Therefore, there is not really new effluent going to Yonkers from those homes.

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Diverting Yorktown to Peekskill would save Yonkers by removing the septic from Hawthorne.  That is about 1000 homes.

88,100 gal/day of effluent would be taken out of the NYC watershed if Riverwoods, Stanwood, Yeshiva and Random Farms are diverted.  North Castle would be adding very little because Yonkers SPEDS permit is for 120mgd and they are currently processing 85mgd on the average.

Chair Kaplowitz thanked Supervisor Sinek and Cooper and Sharon Robinson for their presentations.

The Committee unanimously voted to adjourn at 4:15 pm on the motion of Legis. Ryan and second of Legis. Pinto.