AMENDING THE 2024 ADOPTED COUNTY BUDGET AS IT PERTAINS TO THE PFAS INVESTIGATION IN AND AROUND THE HUDSON VALLEY REGIONAL AIRPORT

PUBLIC WORKS & CAPITAL PROJECTS RESOLUTION NO. 2024194 RE: AMENDING THE 2024 ADOPTED COUNTY BUDGET AS IT PERTAINS TO THE PFAS INVESTIGATION IN AND AROUND THE HUDSON VALLEY REGIONAL AIRPORT Legislators METZGER, POLASEK, GORMAN, D'AQUANNI, CASWELL, VERSACI, and PAOLONI offer the following and move its adoption: WHEREAS, the County entered into an Order on Consent and Administration Settlement No. CO-3-20170920-170 (hereinafter "Order"), dated March 28, 2018, with the New York State Department of Environmental Conservation ("NYS DEC"), and WHEREAS, by Resolution No. 2018291, this Legislature authorized amending the 2018 Adopted County Budget to provide funds to meet the County's obligation to hire a consultant to provide services required by the Order and its site characterization work plan ("Work Plan"), and WHEREAS, by Resolution No. 2019083, this Legislature authorized amending the 2019 Adopted County Budget to provide funds to meet the County's obligation to hire consultants) to perform soil sampling, water sampling, and other tests and investigations necessary to properly identify the location, extent and possible PFOA/PFOS (hereinafter collectively "PFAS") source of contamination within and adjacent to the Hudson Valley Regional Airport ("Airport"), and WHEREAS, by Resolution No. 2019235, this Legislature authorized amending the 2019 Adopted County Budget to provide funds to meet the County's obligations to cover engineering expenses, other professional consulting costs and NYS DEC personnel billing in accordance with the Work Plan and Order, and WHEREAS, by Resolution No. 2021046, this Legislature authorized amending the 2021 Adopted County Budget to provide funds to meet the County's obligation to cover professional consulting costs, equipment and NYS DEC assessments and fees in accordance with the Work Plan and Order, and WHEREAS, by Resolution No. 2022159, this Legislature authorized amending the 2022 Adopted County • Budget to provide additional funds to meet the County's obligation to cover professional consulting fees, equipment and NYS DEC assessments and fees, and WHEREAS, by Resolution No. 2023228, this Legislature authorized amending the 2023 Adopted County Budget to provide additional funds to meet the County's obligation to cover environmental and legal consulting fees, NYS DEC reimbursement, and maintenance of water filtration systems, per requirements of the Order, and WHEREAS, on November 16, 2023, NYS DEC accepted the final Site Characterization Report as complete, and based on the report's findings, recommended that a Remedial Investigation was warranted, and concluded the County's obligations under the Order, and WHEREAS, in July of 2024, the County began an application to have the Airport property added into the NYS Brownfields Clean-Up Program (hereinafter "BCP"), to which NYS DEC has indicated its acceptance, and the final executed application will be submitted by October 31, 2024, and WHEREAS, the County is now seeking additional funding in the amount of $47,500 to cover estimated expenses of $107,000 which are necessary for the continued investigation of PFAS contamination and to provide an approved construction protocol for all improvement projects with regard to PFAS contamination at the Airport and include the following: 1) Continued investigation of PFOA/PFAS contamination within and adjacent to the Airport, including the work to prepare a BCP application for the County - $40,000 2) Environmental Legal Services - $3,000 3) Existing off-Airport POET maintenance services - $3,000 4) Interim Soil Management Plan - $45,000 5) On-Airport well testing (7 wells) - $16,000, and WHEREAS, accordingly, an appropriation of the interfund transfer balance is necessary to provide additional funding for the expenses discussed herein, and WHEREAS, it is necessary to amend the 2024 Adopted County Budget to provide additional funds to meet the County's obligations and expenses, now therefore, be it RESOLVED, that the Commissioner of Finance is authorized, empowered and directed to amend the 2024 Adopted County Budget as follows: APPROPRIATIONS Increase EA.5610.90.4401.105 A.9901.63.9800 A. 1990.4007 Professional Services Consultants EA Fund Contribution General Contingency $ 47,500 $ 47,500 ($47,500) $ 47,500 REVENUES Increase EA.5610.90.50310 Interfund Transfers $ 47,500 CA-110-24; G-1725; 10/10/24 EMW/rjw; Fiscal Impact: See Attached APPROVED wesar suere USAN J. SERINO COUNTY EXECUTIVE Deto _11-15: 2024 STATE OF NEW YORK SS: COUNTY OF DUTCHESS This is to certify that I, the undersigned Clerk of the Legislature of the County of Dutchess, have compared the foregoing resolution with the original resolution now on file in the office of said clerk, and which was adopted by said legislature on the 12th day of November 2024, and that the same is a true and correct transcript of said original resolution and of the whole thercof IN WITNESS WHEREOF, I have hercunto set my hand and scal of said Iegislature this 12 day of November 2024. Bush Urage FISCAL IMPACT STATEMENT NO FISCAL IMPACT PROJECTED APPROPRIATION RESOLUTIONS (To be completed by requesting department) Total Current Year Cost $ 47,500 Total Current Year Revenue $2 and Source Source of County Funds (check one): • Existing Appropriations, Contingency, •Transfer of Existing Appropriations, • Additional Appropriations, L Other (explain). Identify Line Items(s): EA.5610.90.4401.105 Related Expenses: Amount $ Nature/Reason: Anticipated Savings to County: Net County Cost (this year): $47,500 Over Five Years: Additional Comments/Explanation: Costs include ($59,500 of existing funding to be used, thereby $47,500 of additional funding needed) ) Due to the continued investigative process of PFOA/PFAS contamination within and adjacent to the Airport, and ir elation to providing funds to meet the County's obligation to cover New York State Department of Environmenta conservation (NYSDEC) charges in accordance with their Order of Consent & Administration Settlement ("Order") No CO-3-20170920-170 (dated 3/28/18) - $40,000. 2) Environmental Legal Services - $3,000 3) Existing off-Airport POET maintenance services - $3,000 4) Interim Soil Management Plan - $45,000 5) On-airport well testing (7 wells) - $16,000 Prepared by: Robert H. Balkind Prepared On: 9/25/24 Dut potf SUE SERINO COUNTY EXECUTIVE ROBERT H. BALKIND, PE. COMMISSIONER DAVID C. WHALEN DEPUTY COMMISSIONER DutcHesS COUNTY GOVERNMENT DEPARTMENT OF PUBLIC WORKS MEMORANDUM To: From: Date: Rachel Kashimer, Deputy County Executive Robert H. Balkind, P.E., Commissioner September 26, 2024 Re: RESOLUTION REQUEST - DPW AIRPORT DIVISION - BUDGET AMENDMENT FOR 2024 OPERATING BUDGET - REQUEST FOR ADDITIONAL FUNDING Please find attached a Resolution Request form and Fiscal Impact Statement regarding additional funding needed for the Airport's 2024 Operating Budget. This budget amendment is related to the County's ongoing investigation and assessment of PFAS contamination on the airport property. Hudson Valley Regional Airport holds a certificate as a Part 139 airport. As such, the airport is required to meet certain minimum safety standards required by Federal Aviation Administration (FAA.) Pursuant to FAA's requirements, the County maintains an Aircraft Rescue Fire Fighting (ARFF) vehicle at the airport that meets FAA Part 139 requirements, and has the capability of dispensing Aqueous Film Forming Foam (AFFF,) which is used to prevent or extinguish aircraft fuel fires. AFFF is the product hat contains the PFAS compounds, which are an emerging contaminant per USEPA and NYSEC. FAA regulations require that the ARFF vehicle must be tested annually to ensure that the vehicle is working properly and that the amount and the chemical composition of the AFFF is up to the required standards. The County has been following FAA's regulations and testing the ARFF vehicle's foam dispensing system for years on the airport property. It is believed that this regular testing of the airport's ARFF vehicle and foam dispensing system has led to the discovery of PFAS contamination at the airport. In order to prevent additional release of PFAS compounds into the environment, and to remain in compliance with FAA regulations, in 2020 the County purchased special testing equipment that allows the ARFF truck to be tested without discharging AFFF into the environment. The County is also exploring the purchase and use of other allowable fire-fighting foam products that do not contain PFAS In late 2016 a questionnaire was sent out by NYS to airports and fire training centers statewide to identify facilities that may have released PFAS-containing substances into the environment. DPW responded with information indicating that AFFF was used at the County airport during training exercises with the Airport's fire- fighting/rescue vehicle. From May 2017 - March 2018, groundwater sampling via local water supply wells was performed by NYSDOH near the Airport property. Much of the sampling work was conducted by the Dutchess County Department of Behavioral & Community Health on behalf of the New York State Department of Health. On September 15, 2017 NYSEC sent a letter to County Executive Molinaro advising that based on information provided by NYSDOH, the County's airport is being listed as a Potential Inactive Hazardous Waste Disposal Site (P-Site.) NYSDEC requested that the County enter into an Order on Consent (Consent Order) which would require the County to perform a records search, develop and implement a work plan to characterize the site with regard to PFAS contamination, and if needed, develop and implement a remediation 626 Dutchess Turnpike, Poughkeepsie, New York 12603 | (845) 486-2085 | www.dutchessny.gov plan to address contamination at the airport. On March 18, 2018 the County executed professional services agreement with a consultant for investigation and remediation of PFAS contamination at airport. On March 28, 2018 Dutchess County and NYSEC executed a Consent Order. The order detailed the roles and responsibilities of the County and NYSEC to complete a site characterization investigation, prepare a Records Search Report and prepare a report of the results of the investigation. On April 5, 2018 the County Executive offered a presentation to the Legislature's Environmental Committee about the airport PFAS issue. On October 12, 2018 Dutchess County filed a complaint against 3M Company, F/K/A Minnesota Mining And Manufacturing Co., Buckeye Fire Equipment Company, Chemguard, Inc., TYCO Fire Products L.P., and National Foam, Inc., This action arises from the foreseeable contamination of public water supplies by the use of Defendants' aqueous film-forming foam ("AFFF") that contained per- and polyfluoroalkyl substances ("PFAS"), including perfluorooctane sulfonate ("PFOS") and perfluorooctanoic acid ("PFOA"). On November 16, 2023, NYSEC accepted the final Site Characterization Report as complete, and based on the report's findings, recommended that a Remedial Investigation was warranted. This concluded the County's obligations under the March 2018 Consent Order. In July 2024, the County began an application to have the airport property added into the NYS Brownfields Clean-Up Program (BCP.) NYS DEC has indicated that the property will be accepted into the BCP, and the final executed application will be submitted by October 31, 2024. County costs associated with the completed PFAS investigation, and future costs associated with the BCP investigation and remediation are not capital expenses, and therefore must be appropriated via the DPW Airport's operating budget. The County's approach has been to make funding requests for this work as the expenses become know, rather than requesting funds in advance, before expense are known. The current request for funding is described below. Budget line EA.5610.90.4401.105 - Professional Services Consultants has $59;500 remaining unencumbered in the 2024 operating budget. Estimated expenses before the end of 2024 are expected to be $107,000, therefore $47,500 of additional funds are needed. The additional costs include: 1) Continued investigation of PFOA/PFAS contamination within and adjacent to the Airport, including the work to prepare a BCP application for the County - $40,000 2) Environmental Legal Services - $3,000 3) Existing off-Airport POET maintenance services - $3,000 4) Interim Soil Management Plan - $45,000 5) On-airport well testing (7 wells) - $16,000 These expenses are necessary for the continued investigation of PFAS contamination, and to provide an approved construction protocol for all improvement projects with regard to PFAS contamination at the airport. Thank you for your consideration. CC: David C. Whalen, Deputy Commissioner Mary F. Aldrich, MA, CPFO, Director of Fiscal Services Jeff Durand, Airport Director Page 2 of 2 Public Works and Capital Projects Roll Call District Name District 7 - Hyde Park and Pleasant Valley Truitt* District 25 - Amenia, Washington, Pleasant Valley & Millbrook Houston* District 3 - LaGrange Polasek* District 16 - Fishkill and Beacon Valdés Smith* District 9 - City of Poughkeepsie Atkins* District 1 - Town of Poughkeepsie Gorman District 10 - City of Poughkeepsie Johnson (VC) District 12 - East Fishkill Metzger (C) District 13 - East Fishkill and Wappinger Paoloni District 15 - Wappinger Faust District 20 - Red Hook, Tivoli, and Rhinebeck Munn District 23 - Pawling, Beekman and East Fishkill Rolison Present: Absent: Vacant: 10 2 Resolution: Motion: Total: Abstentions: Yes, No Absent Absent 10 No 2024194 AMENDING THE 2024 ADOPTED COUNTY BUDGET AS IT PERTAINS TO THE PFAS INVESTIGATION IN AND AROUND THE HUDSON VALLEY REGIONAL AIRPORT NOVEMBER 7, 2024 Roll Call Sheets District District 7 - Hyde Park and Pleasant Valley District 25 - Amenia, Washington, Pleasant Valley & Millbrook District 3 - LaGrange District 16 - Fishkill and Beacon District 9 - City of Poughkeepsie District 1 - Town of Poughkeepsie District 2 - LaGrange, Pleasant Valley & Town of Poughkeepsie District 4 - Hyde Park and Town of Poughkeepsie District 5 - Town of Poughkeepsie District 6 - Town of Poughkeepsie District 8 - City and Town of Poughkeepsie District 10 - City of Poughkeepsie District 11 - Clinton, Pleasant Valley, and Rhinebeck District 12 - East Fishkill District 13 - East Fishkill and Wappinger District 14 - Wappinger and Town of Poughkeepsie District 15 - Wappinger District 17 - Town and Village of Fishkill District 18 - City of Beacon and Fishkill District 19 - North East, Stanford, Pine Plains, Milan & Red Hook District 20 - Red Hook, Tivoli, and Rhinebeck District 21 - East Fishkill District 22 - Beekman and Union Vale District 23 - Pawling, Beekman and East Fishkill District 24 - Dover and Pawling Resolution: _ Motion: Last Name Truitt Houston Polasek Valdés Smith Atkins Gorman Travelpiece Lawler D'Aquanni Kaul Brendli Johnson Kearney Metzger Paoloni Versaci Faust McHoul Page Drago Munn Caswell Garito Rolison House Total : Abstentions: YES NO Absent Absent 3 Present: Absent: Vacant: Yes No 2024194 AMENDING THE 2024 ADOPTED COUNTY BUDGET AS IT PERTAINS TO THE PFAS INVESTIGATION IN AND AROUND THE HUDSON VALLEY REGIONAL AIRPORT NOVEMBER 12, 2024