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Summary Status Update Report on Activities 3 (Municipal Negotiations)

And 4 (Evaluation Program Development)

 

Oct. 2, 2015 The county receives correspondence from the Village of Rye Brook Administrator with a revised draft IMA incorporating changes agreed to by five municipalities: Rye Brook, Rye, Harrison, Scarsdale and White Plains.
Nov. 5, 2015 The county responds in writing to the five municipalities stating the proposed changes that are acceptable and those that are not acceptable and enclosing a “final IMA”.
Nov. 12, 2015 The county receives an email from the Rye Brook Administrator briefly describing objections to the IMA, stating the five municipalities plus other LISWIC members would be meeting on November 13, 2015 to discuss the latest IMA , and requesting a meeting the following week to discuss the IMA.
Nov. 17, 2015 The county and the five municipalities plus other LISWIC members meet to discuss the IMA.
Nov. 18, 2015 The county distributes to the Rye Brook Administrator an IMA revised to reflect those changes the County accepted at the 11/17/2015 meeting.
Nov. 20, 2015 The county transmits to the Village of Mamaroneck a draft IMA modified to reflect the Village’s outstanding Consent Order with NYSDEC.
Nov. 24, 2015 The county notified the Municipalities of the NYSDEC Municipal Sewage System Asset Management Pilot Program and requested a status update on SSES and CMOM development. The municipalities had nothing to report at this time.
Dec. 9 - 16, 2015 The county received proposed CMOM programs from the four municipalities in the New Rochelle Sewer District indicating the four municipalities had commenced CMOM programs.
Dec. 21, 2015 The Village of Mamaroneck Board of Trustees authorized its village manager to enter into the IMA with the county.
Dec. 22, 2015 The county transmitted detailed comments on the proposed CMOM program to each of the four municipalities in the New Rochelle Sewer District.
Dec. 31, 2015 The County transmits to the Village of Port Chester a draft IMA modified to reflect the Village’s outstanding Consent Order with NYSDEC.
Jan. 13, 2016 The county receives a revised draft IMA from the Village of Port Chester.
Jan. 15, 2016 The county transmits to the Village of Port Chester a revised draft IMA.
Jan. 21, 2016 Village of Port Chester notifies the county that its Board of Trustees has authorized the Village Manager to sign the IMA.
Feb. 4, 2016 The county receives the IMA signed by the Village Manager of the Village of Port Chester.
Feb. 5, 2016 The county transmits to the City of White Plains a revised draft IMA.
Feb. 5, 2016 The county receives from the Village of Mamaroneck the IMA signed by its Village Manager.
Feb. 9, 2016 The Town of Mamaroneck transmits its revised CMOM Program to the county in response to comments on Feb. 5, 2016.
Feb. 10, 2016 The Town of Mamaroneck transmits its revised CMOM Program to the county in response to comments on Feb. 5, 2016.
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Jan. 19, 2016 Village of Port Chester Board of Trustees approves the IMA with Respondent.
Jan. 22, 2016 Respondent receives revised CMOM programs from Village of Pelham Manor, Village of Larchmont, City of New Rochelle and Town of Mamaroneck.
Feb. 5, 2016 Respondent transmits revised Draft IMA to the City of White Plains.
Feb. 16, 2016 Respondent receives letter from Village of Rye Brook regarding proposed IMA and Village SSES efforts.
March 11, 2016 Respondent receives letter from Town/Village of Scarsdale regarding the proposed IMA and Town/Village sewer rehabilitation efforts. 
April 13, 2016 Respondent prepares a letter for Rye Brook, Scarsdale, White Plains, Rye, and Harrison setting a final date for each municipality to approve an IMA or administrative enforcement of the County Sewer Act will be initiated.
May 13, 2016 Respondent meets with New Rochelle Sewer District municipalities to discuss scope for a joint study to evaluate alternative organizational structures for the ownership, operation and maintenance of municipal sanitary sewers.
May 13, 2016 Respondent, municipalities located with Respondents Long Island Sound Sewer Districts, Save the Sound (CFE) and NYSDEC meet in New Paltz to discuss possible modification of the Flow Reduction provisions of the 2008 Order on Consent to enable settlement of Save the Sound’s federal lawsuit against respondent and municipalities. May 15, 2016 Respondent’s attorney met with NYSDEC attorneys and six attorneys representing the municipalities that have not yet signed IMAs with the Respondent to discuss possible modifications to the Long Island Sound Flow Monitoring Report. (Attendance Sheet attached.)
May 15, 2016 Respondent’s attorney met with NYSDEC attorneys and six attorneys representing the municipalities that have not yet signed IMAs with the Respondent to discuss possible modifications to the Long Island Sound Flow Monitoring Report. See attendance sheet.
June 29, 2016 The Second Quarterly Status Report in Connecticut Fund for the Environment, et. al., against Westchester County New York, et. al., (USDC 7:15-cv-06323-CS) was submitted and reports progress in the consideration of a “Cooperative Regional Resolution” including that “…the municipal defendants are comparing the scopes of work of their individual Sewer System Evaluation Studies (“SSES”) which are in various stages of implementation by the individual municipal defendants…”.
Aug. 21, 2016 The Town of Mamaroneck, City of New Rochelle, and Villages of Pelham Manor and Larchmont, having formed a Consortium to complete a Sewer System Evaluation Survey (SSES) study, in accordance with their separate Inter-municipal Agreements (IMA) with Respondent, entered into a contract with GHD to perform the SSES in each municipality and Dolph Rotfeld Engineers to supervise that work for the Consortium. See contract with GHD and contract schedule.
  The Consortium previously has requested Westchester County’s assistance in evaluating opportunities and alternatives for economically addressing anticipated renewal and replacement requirements for the sanitary sewer system. In October 2016, Respondent selected Arcadis to conduct Phase 1 of a “Consortium Sewer District Feasibility Study”. This study will evaluate opportunities and alternatives for economically addressing anticipated renewal and replacement requirements for the sanitary sewer system in each municipality. Respondent is now negotiating an IMA to be signed with each municipality under which the costs for Phase 1 will be divided between Respondent and the four municipalities.
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Nov. 18, 2016 Westchester County representatives from the CE, Law Department and DEF met with attorneys representing 10 of the 11 municipalities within one or more of the County’s Long Island Sound Sewer Districts. The purpose of the meeting was to discuss improved cooperation between the parties in working towards a settlement of the Connecticut Fund for the Environment, et. al., against Westchester County New York, et. al., (USDC 7:15-cv-06323-CS) litigation. It was decided that the lawyers for the County and the municipalities would meet to further discuss the details of a cooperative defense and that engineers for the municipalities would continue to be provided with back up data generated as part of the Flow Monitoring Program Report.
Dec. 1, 2016 The IMA between Respondent and the Village of Mamaroneck became effective.
Dec. 13, 2016 The IMA between Respondent and the Village of Port Chester became effective.
Dec. 21, 2016 Westchester County representatives from DEF met with engineers and staff representing the municipalities within each of the County’s Long Island Sound Sewer Districts, other than the New Rochelle Sewer District. The purpose of the meeting was to discuss plans and progress of these municipalities in developing and implementing Sewer System Evaluation Studies and CMOM programs.
Dec. 7, 2016 –
Jan. 6, 2017

Westchester County DCE corresponds with representatives of the Town/ Village of Harrison, Village/Town of Scarsdale and Village of Rye Brook regarding the terms of an IMA regarding I&I.

Jan. 12, 2017 Westchester County representatives from the CE, Law Department and DEF met with attorneys and administrators representing the four municipalities within the New Rochelle Sewer District. The purpose of the meeting was to discuss the ongoing work of the municipalities under their IMAs with the County and the County’s efforts to obtain similar commitments from the municipalities in the other Long Island Sound Sewer Districts.
Jan. 20, 2017 Westchester County representatives from the Law Department and DEF met with lawyers, engineers and administrators representing the municipalities within the County’s Long Island Sound Sewer Districts, other than the New Rochelle Sewer District. The purpose of the meeting was to further discuss and clarify plans and progress of these municipalities in developing and implementing Sewer System Evaluation Studies and CMOM programs and the information the County had available that could assist in this work.
Jan. 20, 2017 The Village of Port Chester submitted its first quarterly report pursuant to its IMA with Westchester County.
Jan. 31, 2017 Westchester County received a copy of the Village of Mamaroneck’s report to NYSDEC detailing the I&I work it had completed under its Consent Order with NYSDEC.
Feb. 3, 2017 Westchester County DEF, following its receipt of the letter from NYSDEC dated February 1, 2017 directing DEF to provide additional information, sent letters dated February 3, 2017, to the City of White Plains, the City of Rye, the Village of Rye Brook, the Village/Town of Scarsdale, and the Town/Village of Harrison requesting each of these municipalities to provide additional information regarding the development and implementation of sewer system evaluation studies in each of those municipalities by February 10, 2017(copies attached).
Feb. 8, 2017

Westchester County DEF received a response to its letter by e-mail from the City of White Plains.

Feb. 9, 2017 Westchester County DEF received a response to its letter from the attorneys for the Village of Rye Brook.
Feb. 10, 2017 Westchester County DEF received a response to its letter Village/Town of Scarsdale. RFP for SSSES
Feb. 10, 2017 Westchester County DEF received a response to its letter from the City of Rye.
Feb. 10, 2017 Westchester County DEF received a response to its letter from the Town/Village of Harrison.