Nyack Water Board Meeting

March 20, 2025 A regular meeting of the Board of Water Commissioners was held on the above date at 9 North Broadway, Nyack, NY. The meeting was called to order by Chairman McDowell at 4:30 PM. The following were present: William McDowell Chairman Michelle Bullock Commissioner Pearl Gray Commissioner John Phillips Commissioner Elizabeth Turk Commissioner Latoya Aguillard Assistant Secretary Thomas Lynch Superintendent Jim Moran H2M Absent: Secretary Barbara Kunar The meeting on March 20, 2025, brought together multiple residents and officials who addressed several key issues concerning the water department, focusing on the following topics: 1. Rate Disparities Between Nyack Areas: A significant point of discussion was the rate disparities between Nyack, South Nyack, Central Nyack, and West Nyack. Residents expressed concerns about the differences in rates and wants adjustments made to ensure fairness/equal rate regardless of property location. 2. Water Quality Concerns (Trihalomethanes and Contact Time): There were concerns raised about water quality, specifically related to the presence of Trihalomethanes (TTHMs) and the associated contact time in the water treatment process. 3. Water Pressure Problems: Several residents reported issues with water pressure in various areas. 4. Impact of Cell Tower Assessment on Water Department Taxes: The discussion also covered the impact of a recent cell tower assessment on Nyack water department taxes. The concern was raised that the tax assessment on cell towers resulted in an increased in property tax. Meeting Notes: 1. Water Rates and Fairness Concerns: • Bobbie Gardner raised concerns about the differing water rates between Nyack, South Nyack, Central Nyack, and West Nyack, particularly as the water plant is located in West Nyack. She questioned why residents in these areas are paying different rates for the same water source. • Chairman William McDowell explained that the difference in rates is from infrastructure-related taxes specifically the increased property taxes due to the cell tower on the water department's property. 2. Cell Tower and Taxation Issues: • Cheryl Stroud and Councilman Franchino raised questions about how income from the cell tower is distributed and whether the resident’s benefit from it, with the possibility of additional antennas increasing revenue. • John Noto, Town of Clarkstown assessor, noted that the Nyack water treatment plant had not been assessed in years. The cell tower’s site plan and permit triggered the assessment, which caused the Nyack water department taxes to double from $16k to $32k. The cell tower itself was assessed at $100,000. The Town Assessor and Village Administrator Andy Stewart are working on an inter-municipality agreement to reduce or eliminate the tax impact. Currently, the revenue from the cell tower is $2,000 per month, split between the general fund ($1500.00) and the water department ($500.00). 3. Water Quality – Trihalomethanes (TTHM) and Chlorine Levels: • Several residents, including Emil and Zaneta, expressed concerns about the quality and taste of water, particularly the presence of TTHMs, which form when chlorine interacts with organic materials in the water.  • Thomas Lynch (Superintendent) explained that efforts are underway to lower chlorine levels at the water treatment plant to reduce TTHM levels, but this led to communication delays with the health department (contact time violation). • Jim Moran from H2M highlighted measures to address the TTHM issue, including the use of mixers in the reservoir to reduce stagnant water and minimize TTHM formation. 4. Water Pressure Issues: • Michaela, a long-term resident, raised concerns about low water pressure on Willow Avenue. Superintendent Lynch noted that infrastructure issues, including the replacement of older tanks, are being addressed to improve water pressure. 5. Next Steps and Future Solutions: • Ongoing infrastructure improvements and efforts to lower TTHM levels and improve water pressure were discussed. Solutions in progress include the installation of automatic flushers, mixers, and the development of a PFOS treatment plant. • Joe Carlin, Village Trustee, asked engineers about the possibility of moving the intake closer in an effort to decrease the salinity in the water. Action Items: 1. Superintendent Thomas Lynch & H2M - Will to continue monitoring water quality solutions to reduce TTHM levels, including the installation of mixers, automatic flushers and the impact of road salt runoff during winter storm months. Deadline: Ongoing 2. Village Administrator Andy Stewart and Clarkstown Town Assessor John Noto to continue working on an inter-municipality agreement to reduce/eliminate the tax impact from the cell tower. Deadline: TBD Upon motion by Commissioner Grey, second by Chairman McDowell, and carried, the public forum was adjourned. Upon motion by Commissioner Turk, second by Commissioner Bullock, and carried, the Board accepted the minutes of February2025 as written The Cash Flow Statement for February 2025 was presented to the Board for review. The Statement of Revenue and Expenditures for February 2025 was presented to the Board for review. The Board reviewed a memo submitted by H2M architects + engineers and presented by Jim Moran (H2M). A) Watermain Projects: a. Phase B: i. J. Fletcher Creamer (JFC) began construction on Monday 11/18/2024. H2M is providing an inspector onsite full time to watch over and document the JFC construction crews progress. ii. JFC Progress: 1. Doscher, Hobe and Patterson – Water Main Installation has been completed. H2M had requested activation of the water main from Rockland County Department of Health (RCDOH). RCDOH has requested JFC to resample Doscher, Hobe and Patterson due to the length of time the main sat stagnant. Resampling was performed on 1/13/25 & 1/14/25. RCDOH indicated approval would be forthcoming following satisfactory test results. a. On January 23, 2025, RCDOH approved the request to activate Doscher, Hobe and Patterson. JFC is currently transferring service connections on those roadways. b. JFC has completed service transfers and reconnection of interconnect located subsurface at the Patterson Ave/Green Road Intersection. 2. Central Avenue and Benson Avenue – Water Main Installation has been completed. H2M requested and was granted approval to place Central Avenue and Benson Avenue into service. JFC is currently transferring service connections on Benson Avenue and anticipates completion the week of 1/20/25. Central Avenue is scheduled for service transfers the week of 1/27/25. a. JFC has completed service transfers on Central Avenue and Benson Avenue. b. JFC has completed the tie-in of Central Avenue to 6th Avenue. Pending completion / approval to activate 5th Avenue to tie Central Avenue into 5th Avenue. 3. First Avenue – JFC has completed water main installation. The main has been filled, chlorinated and pressure tested. Bacteriological samples are being obtained on 1/16/25 and 1/17/25. H2M will request activation of the water main from Rockland County Department of Health (RCDOH) following satisfactory results. a. On January 24, 2025, RCDOH approved the request to activate First Avenue. JFC to begin service transfers pending completion of Doscher, Hobe and Patterson. b. JFC began transferring services on 1st Avenue on March 10, 2025 and is slated to be completed on March 21, 2025. 4. Francis Avenue – Water main installation has been completed pending final Hydrant Installation. Once hydrants are installed, water main will be filled, chlorinated and pressure tested. H2M will request activation of the water main from Rockland County Department of Health (RCDOH) following satisfactory results. a. On February 14, 2025, RCDOH approved the request to activate Francis Avenue. b. JFC has completed service transfers on Francis Avenue. Additionally, JFC has completed the tie-in of Francis Avenue to 6th Avenue. Pending completion / approval to activate 5th Avenue to tie Francis Avenue into 5th Avenue. 5. Marion Street – JFC has scheduled 1/21/25 to begin installation of the new water main. a. JFC has completed installation of the new water main on Marion Street. b. On February 28, 2025 H2M received approval to place Marion Street into service. JFC has scheduled to begin service transfers on March 24, 2025. 6. Jefferson Street – JFC has completed the installation of the new water main on Jefferson Street. H2M has received satisfactory bacteriological and pressure testing result. H2M on March 17, 2025 requested approval to activate Jefferson Street from Rockland County Department of Health. iii. Fifth Avenue Water Main Replacement – H2M has been in discussions with Chairperson McDowell and Superintendent Lynch regarding the status/replacement of the Fifth Avenue Water Main Replacement. Village Administrator Stewart was also included in these conversations as it related to costing and/or removal of roadways from contract. 1. During the month of December 2024, multiple water main breaks occurred on Fifth Avenue as JFC have been working to replace water mains on Central and Francis Avenues. a. Fifth Avenue & Central Avenue Breaks – i. During the repair of the breaks in this area, heavy tuberculation was observed on the inside of the water main as well as general pipe wall thinning. Additionally, corrosion (electrolysis) was observed on the top side of the pipe. b. Fifth Avenue and Francis Avenue Breaks – i. During the repair of the breaks in this area, there was a complete failure of the water main invert position. Similar to Fifth and Central, heavy tuberculation was also observed. c. Other Breaks: i. Other water main breaks were observed due to settlement issues, longitudinal cracks, etc. 2. A lot of the breaks experienced was largely due to the water main being at or beyond its useful life expectancy and the need for more regular maintenance (i.e. pipe cleaning). It is important to note that in the areas of the breaks, the structural integrity of the existing main is in poor condition and susceptible to additional breaks in the future. The existing main is also chocked down from its original diameter due to the heavy tuberculation observed. From records, the existing main is original cast iron, with no internal lining and is older than 1960’s. There are no records of replacement. 3. In discussions with Chairperson McDowell and Superintendent Lynch, the decision was made to remove Summit, Park and Bridge from contract and replace with Fifth Avenue as the closest even swap. Those three (3) roadways will be moved to Water Main Improvement Phase C. 4. H2M has been authorized to proceed with designing Fifth Avenue for replacement under emergency authorization from RCDOH. H2M has been in discussions with RCDOH on the process moving forward and will provide them a copy of the design drawing when complete. Everything installed is to be captured by As Built and submitted to RCDOH. 5. H2M has completed design of Fifth Avenue and submitted the design to RCDOH as a courtesy and to JFC for review. Subsequently, RCDOH reached out to H2M on February 20, 2025 for a meeting scheduled for February 21, 2025 to review and discuss Fifth Avenue. 6. H2M met virtually with Rockland County Department of Health on February 20, 2025 to review the Fifth Avenue design plans. RCDOH has approved the design under emergency and has added it to the over Phase B approvals. 7. During the week of March 3, 2025, JFC began pre-digging on North Broadway and has two 12” insertion valves installed to facilitate the installation of 5th Avenue. On March 10, 2025 JFC began the installation of the 5th Avenue water main starting from North Broadway. Currently JFC has installed new main to Franklin and will continue for the next several weeks installing new main and then transferring services pending Satisfactory testing. B) Operations Related: a. Total Trihalomethanes (TTHMs) Exceedance: i. H2M continues to prepare a comprehensive Corrective Actions Report that details in depth the corrective actions taken to date and what contributed to the decision-making process. This document would be generated to provide to the NYSDOH, RCDOH and EPA during any future correspondence or audits. C) Plant Actions: a. Flocculation Basins: i. Superintendent Lynch has/had ordered the replacement flights for Sedimentation Basin Nos. 1 and 2. To date, the replacement flights have arrived and been installed into Sedimentation basin No. 2. Sedimentation Basin No. 2 has been repaired and place back into active service. ii. Superintendent Lynch has been given a date of early April, 2025 for the balance of required parts to rehabilitate Sedimentation Basin No. 1. b. 6th Avenue Pump Station: i. During the week of February 10th, the 6th Avenue suffered a failure of the South Pump within the 6th Avenue Pump Station. Precision Pump was called in to assess the pump. Upon assessment, it was determined that the pump needed to be removed and brought back to their shop to be rebuilt due to bearing failures. As of February 20, 2025, Precision Pump has indicated to Superintendent Lynch that the pump is able to be rebuilt and will be returned in the coming days. Attention to potential partially closed valves on the suction side of the pumps needs to be investigated. ii. As of February 28, 2025, the 6th Avenue pump has been rebuilt, reinstalled and is operating as intended. c. South Highland Pump Station: i. The plant has been experiencing intermittent communications issues with the South Highland Pump Station and College Tank. Neal Systems has been troubleshooting the issue and has indicated that a fallen tree branch seems to have damaged the communication antenna at the College Tank. A replacement quote has been provided and pending approval. ii. Superintendent Lynch has indicated that communication issues have been rectified. D) Sludge Lagoon a. H2M continues working to prepare a new SPDES permit for the discharge of the Sludge Lagoon into the Hackensack River. H2M has engaged NYSDEC to obtain clarification on aspects of the permit and on the required sampling of the Sludge Lagoon that is to accompany the permit submission. i. H2M has received some direction from NYSDEC on sampling required for the SPDES permit. Sampling requirements has been sent to Superintendent Lynch but recent plant issues have not allowed this to proceed. ii. Required sampling for SPDES permitting has been taken and sent to the Lab for analysis. Once those results are returned, H2M can continue interfacing with NYSDEC and working through the application. E) Plant Upgrade for PFAS Removal: a. H2M received response comments from NYSDOH on January 6, 2025. H2M had reviewed and issued return responses to NYSDOH on January 27, 2025. H2M is now awaiting any additional comments or approvals to proceed toward bid and satisfying additional requirements for the grant. b. On March 17, 2025, H2M received correspondence from NYSDOH requesting final plans and specifications be sent for formal PFAS plant approval. c. Steps moving forward will include working with the Village/EFC to secure an agreement for the grants and approvals to move forward toward Bid. Since this is an EFC base project with BIL-EC and WIAA funding, Wicks Law will apply. This will be a minimum of four (4) contracts. The Board reviewed a Proposal to Transition to a Compounded Penalty Model presented by: Assistant Secretary Latoya Aguillard. • Proposal to Transition to a Compounded Penalty Model for Overdue Payments At present, we apply a one-time 10% penalty for any overdue amounts. However, after a discussion with Jennifer Hetling, (Former Village Treasurer) we believe a compounded penalty model would be more effective in encouraging timely payments and improving overall cash flow. 2. Background: Currently, the one-time 10% penalty is applied when a payment is overdue. While this has served its purpose, the penalty may not be sufficient to prompt timely payments, especially for longer overdue amounts. After considering alternative approaches, we believe a compounded penalty model could offer more consistent and growing pressure for customers to pay on time. 3. Proposal Details: The new compounded penalty model would work as follows: • A 10% penalty would still be applied to the initial overdue amount. • However, the penalty would then compound periodically (e.g., monthly or quarterly), growing with each passing period that the payment remains overdue. • The compounded penalty can be set at a fixed rate, for example, an additional 5% of the outstanding balance for every month the payment is overdue. This approach offers several advantages: • Increased urgency for timely payments: As the penalty increases over time, customers will have a stronger incentive to settle their balances promptly. • More aligned with financial goals: The compounding structure would better reflect the time value of money and could help improve cash flow management. • More flexibility: We can adjust the compounding rate and the frequency of application to find a balance that suits our operational needs.  3. Expected Outcomes: By transitioning to a compounded penalty model, we anticipate: • A reduction in overdue payments and improved payment timelines. • Better overall cash flow, as customers will be incentivized to avoid the increasing penalty burden. • Enhanced fairness, as customers who delay payments will incur penalties that reflect the growing inconvenience of overdue balances. 5. Next Steps: If approved, I recommend we begin implementing the compounded penalty model at the start of the next billing cycle. We will need to update our billing system to account for the compounding mechanism and inform customers of the new penalty structure. 10% penalty for payments made 7 to 30 days,5% penalty for payments made 31 to 60 days late. Additional 5% penalty for payments made 61 to 90 days late. Upon motion by Commissioner Grey, second by Commissioner Turk, and carried, the Board approved the Compounded Penalty Model. At 6.22 PM, upon motion by Commissioner Grey, second by Commissioner Phillips, and carried, the Board moved into executive session to discuss personnel issues. At 6:47 PM upon motion be Commissioner Phillips, second by Commissioner Bullock, and carried the Board moved out of executive session. Subsequent to coming out of executive session upon motion by Commissioner Grey, second by Commissioner Phillips and carried, the board moved to appoint Brian Wilson as Asst Superintendent and raise his pay to $40 per hour when/if he accepts, $44 after 3 months and $48 after another 3 months. Upon motion by Commissioner Bullock, Second by Commissioner Turk, and carried, the board approved to raise Latoya Aguillard’s pay to $44 per hour effective immediately. Our next meeting will be Thursday, April 17, 2025 There being no further business, upon motion by Commissioner Bullock, second by Commissioner Phillips, and carried, the meeting was adjourned at 6:53PM. Respectfully submitted, Latoya Aguillard Assistant Secretary