Water agency vying for deal assails rival

An agency vying to be Farmingdale's next water supplier has come to legal blows with its competition, alleging that the Suffolk County Water Authority is not allowed by law to cross the county border and operate in the Nassau village.

The Bethpage Water District in a letter released Tuesday to Newsday said its counsel has advised that Suffolk "did not have the jurisdiction to enter into a 'construction and operation' agreement in Nassau County."

Bethpage superintendent Michael Boufis said also that Suffolk's offer of $4 million in water infrastructure improvements to Farmingdale is "contrary to law."

Suffolk's attorney, Tim Hopkins, Wednesday dismissed the statement as "substantially inaccurate in its conclusions."

An operating agreement between Farmingdale and Suffolk would require enabling legislation from Albany, village Mayor George Starkie has said.

Farmingdale officials voted in December to pursue that legislation.

Hopkins said Wednesday of Bethpage, "They try to seize upon our current statutory language to say that we couldn't do what we're proposing, but we never proposed to do it under our current statutory authority."

Bethpage and Suffolk are the last two candidates in a search Farmingdale launched two years ago for an alternative to its overtapped village district.

Bethpage amended its proposal recently to be more competitive with Suffolk's, an effort Farmingdale officials have applauded.

Both proposals are being analyzed by an independent consultant -- Boston-based Guastella Associates utility management and consulting firm -- hired last month by Farmingdale officials.

The results of John Guastella's report were delayed, Starkie said at Monday's village board meeting, because Bethpage contacted Guastella directly with new information. Suffolk must be given a chance to provide its own additional information, Starkie said.

"We will use that consultant's report as the basis for our decision," Starkie said Wednesday. "We want the best deal for our village."

A deal with Bethpage will involve its own legal challenges, such as state approval to create a new water supply for the village, Starkie and SCWA officials said.

"They both have hurdles," he said. "No one's got an easy list."

Guastella Wednesday said he has heard from both agencies and plans to deliver a final report within the week.

He said he cannot weigh legal complications, but plans to advise that Farmingdale pursue Suffolk for its lower rates.