Tuesday, September 19, 2006

The Schuylerville/Victory Board of Water Management held a meeting on September 19, 2006 at 7:00pm in Schuylerville.


Present: Chairman Travis Kline, Commissioners Paul Shaver, and Agatha White, Alternate Jim Miers, Foreman Mark Dennison, Mayor Sullivan, and Recording Secretary Brenda Buchanan

Absent: Commissioner Decker.




The next water meetings will be Tuesday, October 10th, 6:30pm in Victory and meeting #2 for October which is the public comment meeting will be Tuesday, October 17th, 7pm in Schuylerville.



Chairman Kline made a motion to approve the July 11th and August 8th meeting minutes, and it was seconded by Commissioner Shaver, Kline-aye, Shaver-aye, White-aye, Miers-no, 3-1, motion passed.


The July 18th meeting minutes were discussed to be approved again, because when they were approved in August the tape recorder failed and we don’t have on record the approval.  So Chairman Kline made a motion to approve the July 18th 2006 meeting minutes and they were seconded by Commissioner Shaver, Kline-aye, Shaver-aye, White-aye, Miers-no, 3-1, motion passed.


Foreman's Report:


Foreman Dennison stated that the insulation for the water plant is complete.  He stated he has a quote on the trash pump that was discussed at the last meeting. The quote is from $1,550.00 to $2,000.00.  Mr. Dennison also stated he go some information from Leo Pierce on the Minncare purchase that is being considered from SMGC.  Mr. Perce stated that this has an indefinite shelf like and it is a good idea to have some on hand, in the case of contamination in the future.   He stated Miller is ready to pick up or get payment.  Mayor Sullivan asked how much would be needed to clean the RO’s.  Foreman Dennison stated that this would be enough to clean both tanks.  He stated if they had to they would have to shut down the tank and wait for delivery.  Commissioner Shaver made a motion to give Chairman Kline authorization to contact Miller and get a better price, and authorized up to the amount of $687.50 to purchase this left over Minncare, and it was seconded by Alternate Miers, all ayes, motion passed.








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Mr. Dennison stated they had to replace a service connection that was incorrectly installed at 106 Pearl Street, this is a 2 family home, which had not water and the problem was at the main.  They put in a new tape ¾” line to the main.  He stated he has received brown water complaints again and they are going to do some more flushing of the hydrants.  On Tuesday, September 26th they are installing the sequestering agents and pumps.  This will be going into the water, which could be days or weeks to stabilize the system.  Commissioner Shaver asked if this was the October date that was discussed.  Foreman Dennison stated yes, we hare ahead of schedule on this issue.  Chairman Kline asked if the water was clearing up.  Foreman Dennison stated that it was for a short time.  He went up to Chestnut Street and opened a hydrant and in about a minute it cleared up, he stated he took some samples that went to CAN labs, this created problems in Morgan’s Run.  He got a few complaints from Main Street, so he stopped the flushing.  Foreman Dennison stated that the sequestering agent should clear things up, they are currently doing 1 ½ times the normal amount, and with in state guide lines, then they will back off when it stabilizes.


Old Business:


Ted Derby’s Contract:  This was discussed again because the approval was lost at the August 15th, 2006 meeting when the tape recorder failed to record the approval.  The contract was approved with 2 additional part, the authorization of the payment of 60 hours of comp time and approval of any overtime needing to be prior approved by 1st Chairman Kline, if not available then Commissioner Shaver then Commissioner Decker.  Commissioner Shaver made a motion to approve the contract as which included the prior approval of overtime, it was seconded by Chairman Kline, all ayes, motion passed.  Chairman Kline made a motion to approve the 60 hours of comp time to be reimbursed and it was seconded by Alternate Miers, all ayes, motion passed.  Chairman Kline had a discussion about 66 hours of comp time which is difficult, this time was never approved for options for work schedule.  It was discussed that this comp time was not approved and it is inappropriate for a contractor to get comp time.  There was a discussion on comp time not being stated on time sheets.  Chairman Kline stated that we will approve the 60 hours and any more hours he needs to come to the board for discussion.  Mayor Sullivan asked the Attorney Phil Dixon on this issue.  Mr. Dixon stated that we had no formal agreement with him at the time, it could go either way.


Steven Miller Packet:  This package was given out last weeks meeting concerning the change order work and non payment by Laberge.  Miller is looking for advisement on this issue.  Mayor Sullivan stated that these change orders have not been approved.  Chairman Kline stated that we are having the same problem with Laberge.  Mayor Sullivan stated that this is an issue between the engineer and the contractor, the board has no fault on this issue.  Mr. Dixon stated that Laberge should have notified the board of the change for approval.  He also stated that we had this problem before and EFC would not cover the costs.  Alternate Miers stated that he agrees because contractors shouldn’t make change orders the engineers do.  Chairman Kline made a motion to have Attorney write letter to Miller and have them take this up with Laberge, this work was done and not approved, it was seconded by Commissioner White, all ayes, motion passed.




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Water leak-North Broad St. Schuylerville:  Commissioner Shaver stated that last meeting there was a discussion on this location and no one contacted the resident personally, so he talked with Dave Mathis.  He stated he got some information and then spoke with him on the phone.  He received minutes from a town meeting where Mr. Mathis agreed to repair the leak.  Mr. Shaver stated that Mr. Mathis stated he is working with DOH to install a private well, then disconnect from our system, but due to regulations for the restaurant it will take longer.  He states the water company is in process of submitting Plant to DOH.  He stated he would let Mr. Shaver know before the meeting a time frame.  Mr. Shaver stated at this time he has not gotten back to him on time.  Commissioner Shaver presented a draft letter which could be sent to Mr. Mathis.  Mr. Shaver stated he is concerned because winter is coming.  He also stated that he would consider an extension or get this repaired.  Chairman Kline agreed with the letter he feels the board was mislead on this issue.  Mayor Sullivan asked if he puts in a new system, who is going to fix the leak.  Commissioner Shaver stated that his line could be shut off.  Foreman Dennison stated that the board was not mislead, they were misinformed because last winter there was a leak and they were just made aware again.  Now there is no question there is a leak.  We are losing 100,000 galloons of water a week with this leak.  Commissioner Shaver stated that we need to go forward on this issue and get this resolved.  Alternate Miers asked if there is a cross contamination.  Foreman Dennison stated minimal but some chance.  Commissioner Shaver stated last meeting we were discussing giving them 30 days.  He also stated that Dave Mathis is not convinced there is a leak and being not on his property, but does feed him water, if he should fix it.  Mayor Sullivan asked who is responsible for this leak if it is not on his property.  He went on to say the position should be who cares who fixes it, but it must be fixed.  This has to be fixed or shut down.  There was a discussion on who should get the letter.  Mayor Sullivan stated that the line goes thru all properties, this is the only course of action, shut off at main from main on.  There problem not ours, we are losing water.  He suggested we notify all people involved.  Foreman Dennison stated that there is a shut off in the basement of the Corsetti House and one in the yard, he is not sure which side the leak is on.  Chairman Kline stated that Mathis is directly affected but not only one effected.  Attorney Dixon suggested the letter go to all residents involved.  There was a discussion of Mathis getting this fixed on someone else’s property.  Mr. Dixon stated he could get property owners approval to come on there property to do repairs.  Mayor Sullivan stated that our concern is the system and we need to get the leak stopped.  There was a discussion on us going in there and fixing the leak.  Chairman Kline stated no way we are not going on private property.  Commissioner Shaver stated that according to the NYCOM book we can go on private property in an emergency situation and get the costs back from the resident.  Chairman Kline and Mayor Sullivan both stated that it is not determined what an emergency is and what is not.  Chairman Kline suggested we give them 2 weeks max and shut off line at Corsetti Property if not repaired.   Mr. Kline suggested the letter to go to all existing property owners, they are responsible for leak, this could include shutting off up to main.  Chairman Kline made a motion to send letters to all property owners Certified on North Broad Street, giving 2 weeks to get leak repaired, or they will shut the water off up to the main.  This was seconded by Commissioner White,  Commissioner Shaver wanted it noted that he was not comfortable with the way this was decided, there were discrepancies with the conversations.  After this discussion the vote was all ayes, motion passed.  Chairman Kline agreed that this was not the same as last week’s conversation; it was unclear that the leak was not on his property.



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Unresolved payment issues/easement:  Schoman, 157 Rt. 4, Schuylerville.  The shut off is on private property, they have an outstanding bill increasing at each billing, but we are unable to shut them off.  We have asked them for an easement, with no response.  Mayor Sullivan asked Phil Dixon if we could get a court order to get the water shut off.  He explained we probably could not.  He suggested trying to go another route to collect payment or shut them off.   There was a discussion on putting in a shut off in the area of the AmeriGas shut off and shut them off.  Mr. Dixon explained we would need an easement from AmeriGas to go on there property to put the shut off in.  Chairman Kline suggested we try to get the easement from AmeriGas and then we will put in a shut off directly on the main.  There was a discussion if the shut off was put in the right of way we would need authorization for DOT, if not disturbing the road itself.  Mr. Dixon suggested we put something in our rules and regulations so if we put a curb cock in because they don’t give easement we will charge them the expenses.  It was decided to try and get an easement from AmeriGas to put in the shut off in the right of way.  Also to send a letter to the homeowner and let them know we are in process of putting this shut off in and until bill is settled they will not get water.


Use Unit in question: Hot Dog Stand, Owner Jim Miers:  There was a discussion on billing the hot dog stand for two units due to the fact it is a restaurant.  Commissioner Shaver explained that at the last meeting it was decided that Commissioner Decker was going to speak to Mr. Miers on this issue.  Mr. Decker was unable to attend this meeting and it was suggested we table this issue.  Mayor Sullivan stated that Mr. Miers is here and wanted to see if this could be resolved tonight.  He also stated that this is one problem over the years that the board has, issues don’t get resolved.  Commissioner Shaver stated that was an offensive statement, they did take action at the last meeting and they are making progress in some issues.   Chairman Kline stated that we will table this issue unless Mr. Miers would like to address this issue.  Mr. Miers said this is for hand washing only.  This is a mobile food cart; food is moved in and out.  He stated that two units would be excessive, and he invited the board to come and take a look.  He also stated that this is going to be a year round business for now.  Mayor Sullivan asked about the water and drain being above the ground and it freezing and is this a requirement by DOH.  Mr. Miers stated that at that time he will be carrying the water in and out, this is not a requirement it is for convenience only.  Mayor Sullivan stated that we have other users that operate businesses and have small water usage. (Beauty shops, Pottery shop, garden shop)  Mr. Miers stated he already pays 6.5 units on 11 rooms that are available and is only about 70% occupancy.  He already pays when no one is there.  His point is that they have a small amount of water usage.  What he is paying at the hotel is sufficient for the small amount of usage.  Chairman Kline stated that at the last meeting is was decided that Commissioner Decker would speak to Mr. Miers and it will be left at that for now.


60 Galloons Contaminated Chlorine:  Chairman Kline stated that a letter will go out to Laberge in regards to the out of scope services and this issue will be included on this letter.  Chairman Kline stated he would contact Laberge for this meeting.  Commissioner Shaver stated he would like to see Phil Dixon (our attorney) at this meeting.  Chairman Kline made a motion the letter will go out and Phil Dixon will attend and it was seconded by Commissioner Shaver, all ayes, motion passed.




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Condensation Problem:    Chairman Kline stated he thinks this is a design flaw and he doesn’t think that a dehumidifier will do the trick.   He stated he wanted to speak to a specialist to see what they recommend.  Mayor Sullivan stated he doesn’t think the building is designed to eliminate the problem.  Foreman Dennison stated that the source of the condensation is from the clear wells, which some is to be expected.  Chairman Kline made a motion to contact a special engineer to look into this problem with the condensation and it was seconded by Commissioner White, all ayes, motion passed.




New Business: 


Outside Engineering Fire: To consult on the water project:  Chairman Kline stated that Laberge has submitted designs for the Victory Plant, which is part two of the project.  He suggested we get an outside engineer to look over these plants before they are approved and also consult on the existing plant.  Mr. Dixon stated that engineering services can be reimbursed thru EFC and secondly they can see what has already been done, this must be billed out separately.  It was also stated that professional services do not need to go out to bid.  Mr. Dixon stated he would email some names to Chairman Kline.  Chairman Kline made a motion to write a letter to get some engineering firms to handle this issue and it was seconded by Commissioner White, all ayes, motion passed.


Financial Reports for 2005 & 2006 were mentioned for review at the next meeting.


Consent Order:  Commissioner Shaver asked now that the plant is up and operational can we get the consent order lifted.  Mr. Dixon stated that we can and he will work on this issue.  Mayor Sullivan asked that this be taken care of as soon as possible.  Mayor Sullivan stated they had a meeting with the insurance carrier and he stated that they have a letter of exclusion for law suits due to consent order is not covered.   He stated he sent a letter to Rosenthal and he will review this.  Mr. Dixon stated he would speak to him directly on this issue.



Public Comment:


Beth Levine asked what could she use to get the manganese stains out and should she let the faucets run, third do we plan on or would we consider fluoride in the water.  Foreman Dennison stated that running the water for a few minutes would help and red b gone is a good product for the stains.  Chairman Kline stated that fluoride is not in the water and will not be.  It is expensive and there are many mixed reviews on this issue.


Wendy Lukas made comments on being confused on the comp time issue.  Chairman Kline gave a brief history on this issue and that it will not continue to happen.  She stated that the financial reports for the last two years have not been done.  She stated the board needs to hire someone to do these reports or have the Treasurer do them.   Chairman Kline stated that these reports will be a topic of conversation at the next meeting. 


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Ms. Lukas stated that minutes were lost for the August meeting and that the board should have other peoples’ notes.  She stated that she sent a letter to NYCOM and hopes that in the future the board will follow the rules concerning going into executive session, because it was not always legal.


James Gorham asked how much money it would cost the board to process the 100,000 galloons of water we are losing thru the system at North Broad Street Area.  Chairman Kline stated he could figure this out for the next meeting.


Megan    asked about the sequestering pumps.  Foreman Dennison gave an overview of what the pumps will do.


Susan Nelson from Morgan’s Run stated she ordered a test kit on line and she has very high nitrates and was wondering where to go from there.  Foreman Dennison stated that the DOH does not recognize those tests.  They need to be from a certified lab.   He recommended she take a sample to a certified lab.  Mayor Sullivan stated that at the Auguest 15, 2006 meeting the DOH was there and they stated that the water was safe and much safer than the water we were supplying before.



Executive Session: 








Chairman Kline made a motion to adjourn the meeting, it was seconded by Commissioner White, all ayes, motion passed.




Respectfully Submitted



Brenda S. Buchanan,

Recording Secretary

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