Ruidoso Village Council approves design for water treatment plant expansion

As part of a settlement to a lawsuit brought by WildEarth Guardians, the Village of Ruidoso makes plans for a new wastewater treatment plant, which will comply with environmental standards

Only after being assured that the Village can opt out at any point they decide to change directions, Ruidoso village councilors approved an engineering contract for the design of an improved and expanded wastewater treatment plant.

The work at the plant is mandated by new and extremely stringent state and federal requirements for a 0.1 parts per liter of phosphorus at the plant's discharge pipe into the Ruidoso River.

The contract for professional services to complete the design of a 2.5 million gallons a day wastewater treatment plant addition was awarded Tuesday to Molzen-Corbin & Associates of Albuquerque based on written responses and oral presentations, that ranked the firm above two others. Two professors from New Mexico State University served on the evaluation committee with Village Manager Lorri McKnight, plant director John Ramos and Ruidoso Downs City Manager John Waters.

Councilor James Stoddard pointed out that Dr. Richard Rose of the state Environmen-tal Department recommended another avenue. "Why wasn't it followed?" he asked.

McKnight said she understood Rose said the Village needed to continue on the current path to stay in concert with the partial settlement of a lawsuit against the Village by WildEarth Guardians over the quality of water discharged by the plant into the river, but to also pursue other parallel options. If necessary, the Preliminary Engineering Re-port on the plant could be amended later to reflect a different approach or design.

While Molzen-Corbin proceeds, the two municipalities that own the wastewater treatment plant, Ruidoso and Ruidoso Downs, can draw up requests for proposals for a design-build approach as a possible alternative that could bring the existing plant into compliance much earlier, said attorney H. John Underwood, who represents the Joint Use Board that governs the treatment plant. Ruidoso Downs City Attorney Dan Bryant agreed.

Underwood said he checked with Rose to ensure the move would not endanger grant money allocated to the project. He was told not as long as the JUB was not wasting money and was looking for the most cost-effective path.

Bryant explained that one of the big difference in design-build is that a team is awarded a contract for design and construction and they are not an agent for the Village. In a design-bid-build scenario, the engineer/architect acts as agent for the Village on a project, checks for compliance with codes and with drawing specifications.

If the design-build path is chosen later, the Village may want to hire someone representing them to do the project, Bryant advised.

"We're really putting a water plant on the end of a wastewater plant" to meet the discharge standards required on the plant permit, Bryant told councilors. Similar approaches under a design-build path were used at Lake Tahoe and in Florida, he said. Those projects need to be examined.

"If it works and in 2007 we are putting out 0.1 phosphorus ppL, it will give us tremendous flexibility (because it will relieve the pressure legally) and we can stretch things out so they are not so onerous on the communities," Bryant said in reference to steep costs that will increase monthly rates and require passage of a bond issue. "But it's a 30 year old plant and we need to build a new one even without the phosphorus and nitrogen standards. I think everyone agrees this is the right way to go because it keeps us on track. The goal is to put out a higher quality effluent as soon as possible. Mr. (Carl) Kelley is agreeable in letting us do this process."

Kelley brought the design-build concept to the JUB, promising a speedier compliance with federal and state standards, and a better use of money.

The Village was to pick an engineer by Aug. 4 and sign a contract by today, so it's slightly behind schedule, Underwood said. The approach doesn't close the door to finding a better mousetrap, Underwood said. "It opens the door wider, Everyone is saying if this is a better mousetrap, let's include it in the process."

"So picking this engineering firm doesn't wed us to a design?" Councilor Greg Cory asked.

"We want to go with the best product," Stoddard emphasized, but questioned if a 39-month deadline for the first phase of a new plant is feasible.

Councilor Michele Rebstock asked if Molzen-Corbin officials would bid on an RFP for design-build. Bryant said that company doesn't do construction, only design. Once it's designed, the contract for construction goes to another firm.

Rebstock pressed to see in writing that the council could opt out of the agreement with the firm, if it moves in another direction, such as design-build. She also asked if a cap is placed on expenses to ensure no run-away costs while the parallel path is being examined.

Underwood said he and Bryant will report back within 60 days and that should limit costs by the engineering firm.

Bryant said some money will be lost in the "Band-Aid" quick compliance that will not be recoverable in a new plant, but complying more rapidly with the phosphorus discharge rules is a good trade-off.

He also assured Rebstock and other councilors that while Molzen-Corbin put together the PER, it was based on decisions by the two municipalities. The PER is not complete until an environmental assessment document is submitted and a finding of no significant environmental impact is returned. "That's why the settlement was so important with the WildEarth Guardians," he said.

Copyright 2006 Ruidoso News - Reprinted with permission