Board of Estimate & Contract:
RESOLVED, that a resolution adopted by the City Council on October 9, 2024, and signed by the Mayor on October 10, 2024, granting Permission to the Mayor to Enter Into an Agreement with Consolidated Edison Company (“Con Edison”) to Conduct a Test Borehole for the Thermal Energy Network Pilot Project at the Doles Recreation Center - (a test borehole in the green space area located at the intersection of South 7th Avenue and West 4th Street, part of the city-owned Doles Recreation Center, located at 260 South 6th Avenue), be and the same is hereby approved.
City Council:
AN ORDINANCE GRANTING PERMISSION TO
THE MAYOR TO ENTER INTO AN AGREEMENT
WITH CONSOLIDATED EDISON COMPANY
(“CON EDISON”) TO CONDUCT A TEST BOREHOLE
FOR THE THERMAL ENERGY NETWORK PILOT
PROJECT AT THE DOLES RECREATION CENTER
Whereas, by letter dated September 18, 2024, the Director of Business Development has requested legislation authorizing the Mayor to enter into an agreement with Consolidated Edison Company (“Con Edison”), including its employees, agents, contractors, and representatives, to drill, install, operate, maintain, and conduct necessary activities related to the Test Borehole in the green space of the Doles Recreation Center, located at 260 South 6th Avenue, for the Urban Thermal Energy Network (“UTEN”)pilot project; and
Whereas, the New York State Public Service Commission ("NYS PSC") has issued PSC Order # 22-M-0429, requiring Consolidated Edison Company ("Con Edison") to propose at least one thermal energy network pilot project; and
Whereas, Con Edison has proposed three such thermal energy network pilot projects, one of which is located within the City of Mount Vernon, New York; and
Whereas, Con Edison has discussed the details of the proposed Urban Thermal Energy Network (UTEN) pilot project with Mayor Shawyn Patterson-Howard, the City Council, Comptroller Morton, and the residents of Mount Vernon at a City Council meeting in June 2024; and
Whereas, Con Edison has requested permission from the City of Mount Vernon to drill a test borehole in the green space area located at the intersection of South 7th Avenue and West 4th Street, which is part of the city-owned Doles Recreation Center, located at 260 South 6th Avenue; and
Whereas, the purpose of this test borehole is to assess the feasibility of utilizing this location for the thermal energy network as part of the UTEN pilot project; and
Whereas, the City of Mount Vernon seeks to support initiatives that promote sustainable energy solutions and modernize infrastructure while ensuring proper consultation with relevant departments and stakeholders; Now, Therefore, Be It Resolved That
The City of Mount Vernon, in City Council convened, does hereby ordain and enact:
Section 1. Authorization to Enter into an Agreement with Con Edison. The City Council hereby grants permission to enter into an agreement with Consolidated Edison Company (“Con Edison”), including its employees, agents, contractors, and representatives, to drill, install, operate, maintain, and conduct necessary activities related to the Test Borehole in the green space of the Doles Recreation Center, located at 260 South 6th Avenue, for the Urban Thermal Energy Network (UTEN) pilot project.
Section 2. Scope of Permitted Activities. Con Edison is authorized to perform the following activities within the designated area:
1. Drilling of Test Borehole: Con Edison may conduct drilling operations to assess the location's suitability for the thermal energy network.
2. Installation and Operation: Con Edison is authorized to install and operate any equipment necessary for the test and subsequent evaluations.
3. Maintenance and Monitoring: Con Edison may perform ongoing maintenance and monitoring of the borehole and related equipment to ensure the project's integrity and compliance with all safety regulations.
Section 3. Additional Locations and Approvals. If Con Edison reasonably determines that the initial test borehole location is unsuitable for the project, the company shall be required to:
1. Submit a Request for an Alternative Location: Con Edison must submit a formal request for an alternative borehole location to the following city agencies:
o The Department of Public Works - Office of Sustainability, directed by Shayne Brooks.
o The City of Mount Vernon Industrial Development Agency - Office of Business Development, directed by Robin Mack.
2. Receive Consent Prior to Proceeding: The relevant city departments must consent to use of any alternative location before commencing any further drilling or activities at an alternative site.
Section 4. Compliance with Regulatory Standards. All drilling, installation, and related activities must comply with the New York State Public Service Commission standards, environmental regulations, and all other applicable local, state, and federal laws. Con Edison shall ensure that all activities conducted on the site are safe and environmentally responsible.
Section 5. Indemnification and Liability. Con Edison agrees to indemnify, defend, and hold harmless the City of Mount Vernon, its officials, employees, agents, and contractors from any claims, damages, or liabilities arising from the drilling, installation, operation, and maintenance of the test borehole and related equipment.
Section 6. Effective Date. This ordinance shall take effect immediately upon its approval by the Board of Estimate & Contract.