Nassau pool slated for $25M in repairs

The 13-year-old, $30-million Nassau Aquatic Center is about to undergo a major overhaul that will shut it down from July until February and cost nearly as much as the facility itself -- at least $25 million.

Problems with the pool's wiring, heating, air-conditioning and ventilation system became evident months after the East Meadow center was opened in 1998, but worsened through the years. They are the subject of a long-running lawsuit that originally included more than a half-dozen contractors, but which has now focused on the state agencies that managed construction.

Brian Nevin, a spokesman for Nassau County Executive Edward Mangano, said the estimated construction cost is $25 million, but the county has authorized $32 million to fund it. Workers will remove and replace the roof and corrosion in the stainless steel ductwork. Lighting and pool filters will be upgraded, Nevin said.

A history of problems

Nassau County entered into a contract to build the center in 1996. Empire State Development Corp. and the state Dormitory Authority managed the project, and ESDC retained architect Richard Dattner to design it. Construction started in 1996, and the center was finished two years later.

But problems with the ventilation system developed, rooted in the use of stainless steel in the ducts, which have corroded because of chemical content in the air.

The pool has been closed several times during its 13-year history. It was shut down for a month in the summer of 2004 for a cleanup, then again a year later to replace corroding stainless steel wires and fixtures, at a cost of $116,000. During the latter work, a light fixture fell to the ground -- a sign of further corrosion.

In 2004, Nassau filed suit against the state agencies, the architect and numerous subcontractors. The county cited defects with the ductwork and mechanical hangars in and around the Aquatic Center pool, according to court papers. "The design team never studied the suitability of stainless steel for an aquatic environment," the suit contends.

Blame, lawsuits

The original lawsuit sought at least $3.75 million from the original eight defendants. While Dormitory Authority officials weren't available for comment, a response to the suit by the state agencies blamed the county for the problems. It said the corrosion resulted from the "careless, reckless negligence and/or act of omission or commission" by the county -- charges the county has denied. The Richard Dattner architectural firm did not respond to a call and email seeking comment.

Uncertainty about project

Nassau County Attorney John Ciampoli said the lawsuit is in the document discovery stage and that the Mangano administration, after changing outside lawyers, sought and received court permission to focus the suit on the state authorities that managed the project, not the contractors who built it.

Exactly how the pool overhaul will move forward -- given the likely need for approval by the Nassau Interim Finance Authority -- is unclear. One NIFA board member, George Marlin, said he was unaware of the proposed pool project and believed the contract for the construction firms to start work has not yet reached the board for approval.

Nassau County Comptroller George Maragos said his agency, too, has not seen the construction contracts. "They haven't come to the comptroller," he said. "We've got to see what the impact is going to be once we see the construction costs and the scope of work."

He noted that funds for the renovation would come from the county's capital budget, that must be approved by the legislature. "It's a separate budget," which won't further plunge the county into deficit spending. Maragos has said he expects the county to run a $53-million deficit this year.

The county expects the lawsuit to be resolved in its favor, and proceeds from it, while uncertain, to be used to offset the $25 million cost to fix the pool.

Though it was once a money loser, the center is now "consistently" a moneymaker, Nevin said. Revenue in 2010 was $1.6 million against $1.2 million in costs; 2009 revenue was $1.4 million versus costs of $1.1 million. Revenue is generated from daily and membership fees, classes and permit fees for swimming events, Nevin said.

Bruce Piel, chairman of the Park Advocacy & Recreation Council of Nassau, said the group supported the renovation of the Aquatic Center, but is concerned about the high cost to repair.

Business experts said the decision to renovate now, given the dire county finances, isn't one to be made lightly.

Jeffrey Bass, principal at Executive Strategies Group, a financing and operations consulting firm in Great Neck, said the decision to renovate presents "a real dilemma" for Nassau.

"It's a $25-million capital expenditure," he said "And it comes at a time when the county can least afford to pay for something like that."

Bass said the possibility of recouping funds from the lawsuit could mitigate concerns about the cost: "Even though the budget climate right now is dire, and we have to be very careful on what it is we bond, nevertheless there is an expectation that because the original work was done poorly and there is litigation against providers of the work, there's an expectation the county will prevail. And that will help."

The center will close July 5.

With Sid Cassese