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Home My WebLink About2006-04-17 59 1 TOWN OF DANBY TOWN BOARD MINUTES SPECIAL MEETING - APRIL 17, 2006 PRESENT : Supervisor Fredric Dietrich Councilpersons : Eugene Beavers , Norbert Nolte, Joseph Salino , Gladys Varona-Lacey Others Present : Andrew Thurnheer - Highway Superintendent Ted Jones - Bookkeeper Attorney Richard Stumbar Steve Messmer - T . G. Miller Engineer Members of the Public Allen Becker, Darise Jean-Bapteste Supervisor Dietrich called the meeting to order at 6 : 40 p .m . The purpose of the Special Meeting was to apprising the board on consistent revelations coming from the Highway Department in regard to the septic and where we are with that process . The Code Enforcement Officer has put together an outline for the Class V Injection Remediation planning. The Town Attorney, Richard Stumbar is here to answer any legal questions . Additions to the Ageda : 1 ) Additional Town Board Meeting may be scheduled for Wednesday, April 19 , 2006 . 2) Report from Community Dispute Resolutions . 3 ) Old Town Barns Asbestos Survey - Possible Resolution time permitting. Susan Beeners reported that the Town Board has received a previous remediation plan. Tentative material related to the recent sampling of the septic system. Steve Messmer of T. G. Miller Associates will give an overview of the draft remediation plan. Steve Messmer gave a brief overview and summary of the overall situation. 1 . The EPA was contacted and we are preparing the draft remediation plan. The floor drains were closed up and there will be some additional sampling of the septic tank. A lot of the work has already been done to start the process . 2 . In accordance with remediation plan, there is going to be investigation of the leach field itself to see if it has been affected by any compounds that the EPA is concerned about. The results of the initial testing of the septic tank did indicate that the leach field itself must be checked. The results of the testing of the septic tank are included in the revised remediation plan. 3 . The next step will be the investigation of the leach field taking samples in down through the layers of the leach field and pull some water samples . 4 . Based on the results of the tests there will be either a clean-up or no clean-up . If the test results come up clean we don ' t have to do anything with the leach field. If it comes up with compounds in it that are over limits then you will have to consider how to remediate that. The environmental consultant that has been retained will advise us as how to remediate that . We may be able to treat the system in place . The more costly thing would be to actually remove the leach field and dispose of them appropriately. There are two(2) options outlined in the remediation plan. 1 : Take all on site waste (sanitary and waste from the floor drain) container it and dispose of it once a month or whenever it is necessary. 2 : If the leach field can be kept in service, you could separate the floor drain system from the sanitary system and re-rout the floor drains into a holding tank and leave the leach field operational for the sanitary waste . 60 2 The EPA has sixty(60) days to review the plan and respond to the remediation plan. We will not go ahead with the investigation until the EPA has responded. The investigation is going to cost approximately $20, 000 . Cost breakdowns are available . Supervisor Dietrich said that it should be noted somewhere along the line if we can identify if there is a possibility of insurance. i Attorney Stumbair said that there is also an issue with insurance. We have a disclaimer from our insurance company of any liability falling on them based on the disclaimer in the policy concerning pollution . It is atypical provision these days with the possibilities that a huge liability falling on places that have ground like contamination like soil contamination. It seems to be a pretty broad exclusion but there is the possibility of working something in and we can talk in terms of a leak. He said he didn ' t know if you could tell that by the signature of the various components of the contamination on not . He asked, shouldn ' t this, as part of the remedial process be looking at what is actually being conducted in that barn? What can be done and what shouldn ' t be done. Steve Messmer said that practice outlines can be developed and is a type of a service that they can do . Attorney Stumbar asked what steps would be hazardous and is there any way we can protect ourselves visa vie contaminations from other sources? He said that from what he understands is that this area has had some problematic history before our barn. Steve Messmer said that in the remediaton report it shows the different breakdown of what was tested. There is I•asically two(2) categories on there, BLC ' s, SBOC ' s and metals . Your hazardous ones are the BLC? s and the metals , however the majority of contaminants are the SBOC ' s and there is a lot of these listed. Supervisor Dietrich said that the Attorney' s question was that if the land was used to store cars and there were leaks from gas tanks or oil leaks or other kinds of things that could have happened over a period of time. Is what you are looking for in the drainage system comperable or completely different? Steve Messmer said that the system is actually a raised bed and whatever is in that mound is put there by the pump . Steve Messmer explained the process that will occur for the remediation after all the test reports EPA have been receive' eceived. RESOLUTIONI NO. 48 OF 2006 MODIFYING 2006 BUDGET RELATED TO HIGHWAY GARAGE CLASS V INJECTION WELL REMEDIATION By Councilperson Beavers : Seconded by Councilperson Nolte WHEREAS, the Town of Danby has received an order from the U. S . Environmental Protection Agency related to remediation of Class V Injection Well at the Town Highway Garage located at 93 Hornbrook Road, and WHEREAS, the Town is moving promptly to address the order and perform any remediation as required; NOW,, THEREFORE, IT IS RESOLVED, that the Town Board of the Town of Danby hereby modifies the 2006 to2wn of Danby Budget by creating a new appropriations line, A1442 . 400, "Highway Remediation" and by transferring to that line from the General , the amount of $23 ,000 to be used for the current efforts related to remediation including cleanup of the septic tank and oil separator. A roll call vote on the resolution resulted as follows : Beavers Aye 61 .I 3 Town Board Minutes Special Meeting April 17 , 2006 Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously f RESOLUTION NO 49 OF 2006 AUTHORIZATION FOR CLEANING HIGHWAY GARAGE SEPTIC TANK AND OIL SEPARATOR By Supervisor Dietrich : Seconded by Councilperson Varona-Lacey RESOLVED, that the Town board of the Town of Danby hereby authorizes the Town Supervisor to execute an agreement with Environmental Remediation Associates to oversee and arrange the removal of the contents of the Highway Garage septic tank and oil separator, the proper disposal of such contents, and th cleaning of the septic tank and oil separator, with the source of funding to be from A1442 . 400 . A roll call vote on the resolution resulted as follows : Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously RESOLUTION NO 50 OF 2006 AUTHORIZE SUBMITTAL OF HIGHWAY GARAGE CLASS V INJECTION WELL REMEDIATION PLAN By Councilperson Nolte : Seconded by Councilperson Salino WHEREAS , the Town Board of the Town of Danby has reviewed an updated draft Remediation Plan related to remediation of a Class V injection Well at the Town Highway Garage located at 93 Hornbrook Road; NOW, THEREFORE IT IS RESOLVED, that the Town board of the Town of Danby hereby authorizes Environmental Resources Management (ERM) to submit the Remediation Plan to the U. S . Environmental Protection Agency, on behalf of the Town, following further review of the draft plan by the Town Code Enforcement Officer, Town Highway Superintendent, town Attorney, and T . G. Miller, P . C . A roll call vote on the resolution resulted as follows : Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Susan Beeners asked how/when the Town was going to obtain bonds to finance the remediation project. New Account Lines Set in 2006 Budget Bookkeeper Ted Jones said we could set up separate account lines in the budget by moving fiinds from the general fund for the first expenses in the remediation project . RESOLUTION NO. 51 OF 2006 AMENDMENT OF 2006 BUDGET RELATED TO OLD TOWN BARNS ASBESTOS SURVEY By Supervisor Dietrich : Seconded by Councilperson Nolte I I ! ; 11 :u6 .w a 1 I 62 4 Town Board Minutes Special Meeting April 17 , 2006 WHEREAS, the Town Board of the Town of Danby by Resolution authorized the Town Supervisor to contract for the' professional services of a qualified agency for an asbestos survey at the Old Town Highway Barns on Bald Hill road, as a step in contemplating potential demolition of the buildings ; and WHEREAS, such services were contracted for, in the amount not to exceed $ 1 ,480 . 00 ; NOW, THEREFORE IT IS RESOLVED, that the Town board of the Town of Danby hereby amends the 2006 Town of Danby Budget by creating a new appropriations line, A1444 . 400, "Old Town Barn Project" and by transferring to that line from the General Fund, the amount of $ 1480 . 00 to be applied to the asbestos survey. A roll call vote on the resolution resulted as follows : Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously ADJOURNMENT On a motion the meeting adjourned at 7 : 40 p .m . idw. gQ�/Cd1 / spm-4- 17-06 Carol W. Sczepans . own Clerk