*M I N U T E S
COMMITTEE ON PUBLIC WORKS
TUESDAY, SEPTEMBER 28, 1999
3:30 P.M.
PRESENT: PW Chair: Pinto. Members: Abinanti, Carsky, Kaplowitz, Latimer, Maisano, Noto, Ryan, and Wishnie. ENV Chair: Kaplowitz. Members: LaMotte, Maisano, Pinto, and Latimer. Staff: Bass, Vita.
ALSO IN ATTENDANCE: Anthony Landi, Commissioner-DPW/ENV; Alan Scheinkman, County Attorney; Ralph Butler, Deputy Commissioner-DPW; Stacey Dolgin-Metz, Deputy County Attorney; William Randolph, CE’s office; Residents of 666, 640 and 620 Pelham Road, New Rochelle {ON FILE}; Legal Counsel for Private Citizens; Caitlin Foster, WFAS Radio; Dorothy Rinaldo, LWV; Good LeLash, Westchester Conservationist Committee.
Mr. Wishnie and Mr. Kaplowitz called the meeting to order at 3:40 p.m.
On the motion of Legislator LaMotte, seconded by Legislator Maisano, the minutes of the Environment Committee meetings held on September 7th, 14th, and 21st, were approved.
Mr. Kaplowitz noted that the Environment Committee will not meet the week of October 4th. On October 12th, representatives from the Columbia Gasoline and Con Ed will be present to discuss the millennium pipeline. Mr. Kaplowitz mentioned a letter in opposition on file with the Committee documents. On October 19th, at 3:30 p.m., the Environment Committee will discuss the MTBE Resolution whereas there is seepage in and out of several legislative districts. Mr. Bass will schedule the appropriate representation for that meeting.
Mr. Kaplowitz asked Mr. Bass to make the necessary arrangements to discuss agenda Item J-6 regarding the June Road Cemetery, as it is a timely issue.
On the motion of Mr. Latimer, seconded by Legislator Maisano, all items relating to the Property Rights Swap on page five of the agenda. Items E6,P6,U6,N6,L6,T6; are received and filed by a 5-0 vote.
*For additional information, a tape is on file.
Revised 11/12, 11/22/99;jm
Approved on 11/9/99 as amended 11/22/99;jm-vjp6-0
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On the motion of Legislator Latimer, seconded by Legislator Maisano, the minutes of the Public Works Committee meeting held on September 14th, were approved. All in favor, none-opposed, motion carried 8-0.
Mr. Latimer gave a background history of the situation and to alleviate some of the concerns of the residents of 666 Pelham Road. By consent order of the NYS Department of Environmental Conservation, the County must construct a small facility on a lot behind the 666 Pelham Road building. The reason, due to wet weather conditions, sewer lines operate above capacity and the excess raw sewage flows into the Sound and can cause significant public health and environmental problems.
It is known that the City of New Rochelle and the Village of Pelham Manor have inadequate and poorly maintained storm drains and have groundwater and stormwater flowing into sewer lines infiltrating sewer lines. In March 1998, the County entered into negotiations with the DEC to resolve these sewer problems and offered an alternative to spend over $30 million to upgrade, redesign, reconstruct and repair the two municipality’s sewer systems. Another alternative was to construct an SSO facility behind the property of 666 Pelham Road.
Under the consent order with the DEC, design is required to commence November 1999 and construction begins on April 2002 and completed by April 2004.
Mr. Maisano thanked the Legislators for clearing their committee agenda for the sole purpose of this discussion and thanked Mr. Latimer for his summary. There are many issues relative to the SSO Facility that must be clarified. Mr. Maisano supports finding an alternative site, but stated that the facility must be built pursuant to NYS Mandate to help protect the environment. The residents of these areas have not been properly notified by the Administration about the process. There have been no public meetings held to discuss any plans with the residents,but Mr. Maisano notes that there will be a public hearing regarding this issue tomorrow evening in New Rochelle.
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Mr. John Kirkpatrick, Legal Counsel for the Residents of 666 Pelham Road, said unfortunate occurrences has brought all to this point and still there are concerns that need to be addressed. The Village of Larchmont was more fortunate and able to address their problems, but New Rochelle was not so fortunate. They are looking for support from the County, Mr. Kirkpatrick said and the residents need to know what type of plans are being constructed in the area and what to expect during and after construction.
Mr. Branden Saul, Legal Counsel for the Residents of 643 Pelham Road, mirrored Mr. Kirkpatrick and said all residents will be severely impacted and extremely disappointed that they were not notified of the project. They feel they need more time, have official notice of the project and not just a flyer sent to one building and no other. His residents would feel appreciative for an alternative plan and be included in discussions.
Mr. Kaplowitz stated that he received a memo from the County Attorney with background information about the construction of the SSO facility. Mr. Bass made additional copies and handed them out to all Legislators and concerned residents.
At this point, Mr. Maisano was outraged by the failure of the County Attorney and the Public Works Commissioner to appear at this meeting, as requested by the Board. He said he is in receipt of a memo that fails to address any real issues relating to the SSO Facility and that it is acts like this He stated this is a cowardly act by the Spano Administration, as well as an insult to the Chairmen of the two Committees and to the people of New Rochelle.
Mr. Maisano said that Chairman Latimer should use the Board’s subpoena power to compel the Administration to appear before the Committees.
Mr. Wishnie asked if the residents of 666 Pelham Road were familiar with the scope of the construction or was there a scoping list produced and what would be the end product.
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Mr. Noto asked if residents participated in any part of the process and if the City of New Rochelle notified the residents of what was to be constructed.
According to some of the residents, there was no notification sent by the City nor were any public discussions scheduled. The residents want to be part of the process; they want to know what to expect and what will be going on in their neighborhood.
Mr. Louis LaMedica, Resident of 640 Pelham Road, said that the resident should have had more time to absorb what was going on, discuss, not only one site, but an alternative site as well and the reasoning behind the issue.
Mr. LaMedica was not pleased with the County Attorney’s arrogance to send only a memo to this meeting with an uncaring attitude and not able to face an unpleasant situation and cast off the residents of this area.
Another resident who owns one of the co-ops, but does no live there, said the County is condemning the area.
At 4:25, the County Attorney and Public Works Commissioner Landi came into the meeting. The County Attorney stated that he only found out about this meeting a week ago and had asked the Chairmen of the two Committees to postpone today's meeting, due to the fact that he had four other issues on his agenda that would conflict with today’s discussion and found it impossible to change his schedule.
Mr. Maisano, very disappointed with the beginning of this meeting, said that he would turn his time over to the people of New Rochelle to speak and share their concerns about the proposed facility.
Barbara Notiff, 666 Pelham Road, asked how the residents would not cooperated with the County when they were not notified of what was going on. Mr. Scheinkman said they have been working with a variety of issues in the area, with specifics, off-site parking, etc. and was advised by the Co-op Board that they were opposed to the project. Other plans and discussion were pointless to continue at that time. Mr. Scheinkman said he would be happy to continue discussions more statistically with all residents.
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Mr. Kirkpatrick asked to look to remediate and the County Attorney said he was unaware of any alternatives and November 1st is the start of the design date.
Carol Horgeta said the SEQRA Report was never filed. Mr. Scheinkman said the property is environmentally the way in which the site physically appears, which is in need of improvement. He also said that the County did not create this, the City’s discharge system of raw sewage was going out to Long Island Sound. If the sewage continues to be discharged, the City has to either cap the pipe or create a plan to put in a stormwater system, which may cause other problems.
Louis LaMedica, 640 Pelham Road, feels the residents will fight this situation and will insist on an alternative site, suggesting Glen Island or Neptune Park.
Mr. Scheinkman acknowledged that the residents have every right to fight this project and explained the importance of the significant overflow that needs to be corrected. With the DEC permit modification, three big sewer lines will come together.
At this point, Mr. Wishnie interrupted the meeting calling for a recess in order to conduct a Special Legislative Board meeting in the Chambers. All were invited continue their discussion with the County Attorney and the Public Works Commissioner after the special meeting. On the motion of Legislator Kaplowitz, seconded by Legislator LaMotte, the Committee of the Environment and Public Works recessed at 4:45 p.m.
The meeting reconvened at 5:00 p.m., with Mrs. LaMotte in the Chair for Mr. Kaplowitz.
Commissioner Landi presented maps of the area and explained the pump station and how the three lines come into one. Mr. Scheinkman said no solids will be collected and the Commissioner said there must be a disinfectant for overflow that will be carried out into Long Island Sound.
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Mr. Pinto said both the County and the residents will continue to work together and move ahead to achieve the goals necessary for an environmentally safe area.
Barbara Notiff, resident, felt more comfortable discussing the plans with the Commissioner and asked why the Management Agent of the Buildings had not shared the same information.
Mr. Scheinkman said he did not know the reasons why the Management Agent did not respond after several times and suggested to the residents that they go to the Building’s Attorney and present their concerns. The residents in turn, can present their concerns to the Board and the County Attorney will address them and then go to the property for evaluation.
Mr. Maisano said alternatives must be reviewed and all suggestions are open, but there are various components to consider.
Mr. Pinto asked if an extension can be issued, Mr. Scheinkman said it could be possible but the DEC many not consent to an alternative without specifics. Mr. Scheinkman said the DEC is not interested in extensions and Westchester County adheres to their policy, they may consider a “short adjournment” in order to resolve some issues or they may not.
Mr. Maisano will contact the DEC to request an extension at this time. Mr. Pinto said once the County Attorney has additional information, he will invite the residents to meet and further discuss any further plans for the SSO Facility.
The residents thanked the Chairmen and committee members for addressing their concerns with this issue.
On motion of Legislator Latimer, seconded by Legislator Pinto, the Environment Committee adjourned at 6 p.m.
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The Public Works Committee continued with Legislator Oros’ request to tour the Cortland Sewage Treatment Plant. Mr. Pinto will tentatively schedule Wednesday, November 2nd at 4 p.m. to meet at the plant.
Due to the length of today’s meeting Mr. Pinto will discuss Quarry Heights Sewer System, requested by Legislator Ryan, at next week’ s meeting.
With no other business to discuss, the Public Works Committee adjourned at 6:15 p.m.