MINUTES
of a meeting of the Board of Trustees of the
PRESENT:
Mayor Donald Hartill; Trustees
Mayor Hartill called the meeting to order at 7:34 P.M. He
opened the public comment period. John O’Neill, representing the Lansing Trails
Homeowners Association, stated that
Sorel Gottfried presented Connie Wilcox and Dan Konowalow,
the two Democratic Party candidates that are running for the Lansing Town
Board. It was commented that many Village residents do not realize that they
can also vote for the Town Board. Connie Wilcox briefly spoke to the Trustees
and explained that she has been attending Town Board meetings for five years
and decided to run for the Board when Katrina Greenly decided not to run again.
Connie asked for any concerns or questions. Don Hartill commented that the
cooperation between the Town and Village has improved since Supervisor Farkas
came in and that he would like to see this spirit of cooperation continue. Dan
Konowalow spoke to the Board and stated that he was pushing for a walkway
around the east side of the lake like the one on the west side. He would also
like to see better access to the lake for all citizens. He also commented on
the local income tax proposal that a member of the
Motion-To Close the Public
Comment Period
Trustee Beebe moved to close the public comment period. Trustee Leopold seconded the motion. A vote was taken:
Mayor Donald Hartill-Aye Trustee
Trustee Lynn Leopold-Aye
Next
on the agenda was the engineer’s report. Dave Putnam stated that he has
discovered that there apparently was never an easement done for the water main
that goes through the Tops property. The Mayor inquired if the Village has ever
took over the small portion of
Paul
Tunison from Bolton Point presented some proposed Southern Cayuga Lake
Intermunicipal Water Commission (SCLIWC) changes and two proposed amendments to
the original SCLIWC Agreement incorporating those changes. He explained that
one change corrects the language as to how many votes are needed to approve
action by the Commission. He also explained that since 1979 there have been
water district extensions that have to be formally incorporated into the
original Agreement. The first amendment will also provide for an easier method
for incorporating additional district changes and additions in the future. The
following resolution was presented:
THIS AGREEMENT of municipal
cooperation is made as of this _____ day of
____________, 2003, between the TOWN BOARD OF THE TOWN OF DRYDEN, Tompkins County, New York, on its own behalf and on behalf of the water districts located within the Town of Dryden and set forth on Schedule A hereto (hereinafter referred to as "Dryden"), the TOWN BOARD OF THE TOWN OF ITHACA, Tompkins County, New York, on its own behalf and on behalf of the Townwide water benefited area of the Town of Ithaca (hereinafter referred to as "Ithaca"), the TOWN BOARD OF THE TOWN OF LANSING, Tompkins County, New York, on its own behalf and on behalf of the water districts located within the Town of Lansing and set forth on Schedule A hereto (hereinafter referred to as "Lansing Town"), the VILLAGE OF LANSING, Tompkins County, New York (hereinafter referred to as "Lansing Village"), and the VILLAGE OF CAYUGA HEIGHTS, Tompkins County, New York (hereinafter referred to as "Cayuga Heights"), all of the parties hereto sometimes collectively or individually referred to hereinafter "Municipalities" or "Municipality".
WITNESSETH:
WHEREAS, Dryden (then acting
on its own behalf and on behalf of Dryden Water District 1), Ithaca, Lansing
Town (then acting on its own behalf and on behalf of McKinney's Water
District), Lansing Village and Cayuga Heights executed an Amended,
Supplemental, Restated and Consolidated Agreement of Municipal Cooperation for
Construction, Financing and Operation of an Inter-Municipal Water Supply and
Transmission System as of
WHEREAS, said agreement has
been amended and supplemented on several occasions since its execution (the
original agreement, the amended and restated agreement, and all amendments
thereto hereinafter being collectively referred to as the "Intermunicipal
Agreement"); and
WHEREAS, it has been brought
to the attention of the Municipalities that certain provisions of the
Intermunicipal Agreement pertaining to voting by the governing body need to be
amended to conform to current New York law; and
WHEREAS, the parties wish to
acknowledge the possibility of sales of water from the Bolton Point System to
other non-member municipalities, and
WHEREAS, since the execution
of the Amended Agreement in 1979 there have been formed a number of water
districts in the Towns of Dryden and Lansing; and
WHEREAS, the Intermunicipal
Agreement as executed as of
WHEREAS, the parties wish to
fulfill the requirements of such paragraph 17 and ratify the authorization to
provide water to such water districts; and
WHEREAS, Dryden and
WHEREAS, the parties wish to
make for a more simplified manner by which future water districts in Dryden and
Lansing Town may be included with the service area and made subject to the
requirements and obligations that accompany inclusion in said service area; and
WHEREAS, there are in
existence certain arrangements with the City of
WHEREAS, the parties wish to
confirm these arrangements and to clarify the authorization to provide
emergency water supplies to the City and
NOW, THEREFORE, in
consideration of the premises, the parties agree as follows:
1. There is added to the Agreement after the last “WHEREAS”
paragraph immediately before the paragraph beginning “NOW THEREFORE” the
following additional “WHEREAS” paragraphs:
“WHEREAS, it is
the expectation that from time to time the Municipalities and the Southern
Cayuga Lake Intermunicipal Water Commission as created by the Intermunicipal
Agreement (hereinafter referred to as the “Commission”) may be approached by
non-member municipalities requesting that the Commission consider providing
such requestor with a supply of water from the Bolton Point Municipal Water
System (hereinafter “BPMWS”), and
WHEREAS, the
Municipalities and the Commission would be receptive to such applications
provided that at the time there was sufficient capacity of the BPMWS to provide
water to such applicant without jeopardizing the supply of water to the
Municipalities, and provided that an amendatory agreement for the provision of
water to such applicant is executed between the Municipalities specifically
authorizing the provision of water to such applicant upon terms mutually
satisfactory to the Municipalities, the Commission, the applicant, and any
member Municipality through whose water mains water would flow to provide water
to such applicant,”
2. Section 1 of the Intermunicipal Agreement entitled “Creation
of Commission” is amended by deleting the sixth sentence of the opening
paragraph of such section and inserting instead the following:
“Except as otherwise
provided herein, by law, or by regulation of the Commission, the votes of a
majority of the entire membership of the Commission shall be necessary for any
affirmative action of the Commission.”
3. The parties hereby ratify the actions of the Commission in
including all of the water districts set forth on Schedule A as part of the
service area to which water may be supplied by the facilities over which the
Commission has responsibility, such ratification to be effective with respect
to each such district on the date water was first supplied by the Commission's
facilities to such district.
4. Dryden and Lansing Town, in their respective capacities as
governing boards of, and, on behalf of each of said water districts, hereby
agree that each of the districts they represent will pay the proportionate
share of the cost of operation and maintenance and principal and interest
allocable to each of said water districts calculated by the formulae set forth
on Schedule A entitled "Financing and Debt Allocation for Projects I and
II" annexed to the Intermunicipal Agreement as executed as of June 5,
1979, as the same may have been amended from time to time and hereby ratify and
confirm and agree to the collection of said water charges in accordance with
such formulae commencing from the date water was first supplied to each of such
districts.
5. Each of said water districts agrees to be bound by all of
the terms and conditions of the Intermunicipal Agreement as if each such
district were an original signatory to the Intermunicipal Agreement, and further
agrees to be bound by all of the rules, regulations, local laws, plumbing codes
and other similar rules, regulations and laws in effect from time to time
governing the supplying of water by the Commission's facilities and governing
the supplying of water within the area served by the Commission.
6. Each of such new districts agrees to pay the connection
charges required by Section 18 of the Intermunicipal Agreement.
7. Paragraph 17 of the Intermunicipal Agreement, as amended, is
hereby further amended to read as follows:
"17. Future Water Districts in Dryden and
The parties agree that
should new water districts be formed within the municipal boundaries of Dryden
and Lansing Town, or should a district be enlarged or extended, and should such
new or extended district elect, water may be supplied to such districts from or
through Projects I and II provided that the Commission has available water
supply capacity to serve such districts, and provided, however, that said
districts execute a document in form satisfactory to the Commission and counsel
to the Commission pursuant to which such district
(a) describes the area of the district or
extension to be served;
(b) agrees to pay (as part of the overall
collections by Dryden or Lansing Town or directly to the Commission) its
proportionate share of the costs of operation and maintenance and principal and
interest in accordance with the formulae or other direction as then in effect
with respect to all of the member municipalities of the Commission; and
(c) agrees to be bound by all of the rules,
regulations, local laws, plumbing codes and other similar rules, regulations,
and laws in effect at the time governing the supplying of water by the
Commission's facilities and governing the supply of water within the area
served by the Commission.
A copy of such certificate
indicating the name and the town in which such water district is located,
signed by the Chairperson, President or other Chief Officer of the district's
governing entity, shall be delivered to the Chairperson of the Commission with
copies to the Town and/or Village Clerks of each of the five member
Municipalities. The Chairperson of the
Commission shall submit the certificate to the next regularly scheduled meeting
of the Commission at which, if the Commission has adequate water supply
capacity, the Commission shall vote on supplying water to such district. If approved, the date of such approval (or
such later date as may be agreed to by the district and the Commission) shall be
the date on which the new district shall be considered to be covered by the
Intermunicipal Agreement. From such date
on, the district shall be subject to the Intermunicipal Agreement terms and
subject to the rules, regulations and laws governing the Commission and the
supplying of water by the Commission."
8. Paragraph 16 of the Intermunicipal
Agreement is amended to read as follows:
“16. Additional Parties and Provision of
Emergency Water. The parties are
aware of the desires of other entities, including the City of
IN WITNESS WHEREOF, the parties have executed this amendatory agreement as of the day and year above written.
June 6, 2003
1. Water districts located in
the Town of Dryden
Dryden Water District
#1-Varna area
Snyder Hill Water District
Monkey Run Water District
Hall Road Water District
Turkey Hill Water District
2. Water districts located in
the Town of Lansing
No. Location
2 Lansing Central School and Myers Road.
2,Ext.#1 Lansingwood Apts. (Pro-Dietershagen
Property).
2,Ext.#2 Ladoga Park.
2,Ext.#3 Wilderness Road
3 McKinney's-East Shore Drive at foot of Esty's
Hill.
4 Borg Warner property - Warren & Cherry
Roads.
5 Tompkins County &
Cornell University Lands - Warren & Cherry Roads.
6 Horizons Subdivision - Alex Cima.
6,Ext.#1 Horizons Estates
7 Hud & ARC project areas
- North Triphammer, Asbury, East Shore Drive, Auburn
& Brickyard Roads.
7,Ext.#1 HUD Grant - Hamlet of Ludlowville.
7,Ext.#2 Expanded NYSDFY Facility - Girl's
School.
7,Ext.#3 Lands of Moore - East Shore Drive
7,Ext.#4 Emergency Connection NYS Route 34,
East Shore Drive, Between Wilco and Waterwagon Road.
7,Ext.#5 John Hicks Subdivision - Waterwagon
Road.
7,Ext.#5-1 Hick’s Subdivision Phase 2
7,Ext.#6 Phase I Water Main Extension - Town
Board Road.
7,Ext.#7 Swearingen property - East Shore
Drive below Colonial Cleaners
7,Ext.#8 Lychalk property - Drake Road.
7,Ext.#9 HUD grant Myers Road, Myers Heights,
portion of Ridge Road to Ludlowville Road intersection.
7,Ext.#10 NYSDFY Boy's School - Louis Gossett
Center.
7,Ext.#11 Proposed E.Shore Circle Area from E.
Shore Drive bridge to Teeter Rd. (Proposed).
7,Ext.#12 Lansing Center Commercial Park
(Proposed)
8 Buck Road - between
Brickyard and Wilson Roads.
9 Warren Road area.
10 Ludlowville area - north of
W#2.
11 Shulman subdivision - East
Shore Drive at top of Esty Hill.
12 E. Shore Drive area, East
Shore Circle, Teeter Road, Eastlake subdivision, Cayuga Lake Highlands,
Lakewatch Development.
12,Ext.#1 Bolton Point Road - access from Orear's
property.
12,Ext.#2 East Shore Circle
13 Horvath and Asbury Drive
area, Triphammer Terrace.
14 Hillcrest, Stormy View, Bean
Hill, Grandview Drive, Whispering Pines Development, Forest Acres.
15 North Triphammer between
Asbury and Peruville Roads.
16 Autumn Ridge subdivision.
17 Milliken Station Water - top
of Ludlowville Hill, Ridge Road to Milliken plant.
17,Ext.#1 Lakeview Drive and Sperry Lane.
17,Ext.#2 Emmons Road from Ridge Road to Davis
property.
17,Ext.#3 Fiddlers Green area.
17,Ext.#4 Pinney Lane Subdivision
17,Ext.#5 Algerine - Lansing Station Road Area
(Proposed)
17,Ext.#6 Lake Ridge Point
17,Ext.#8 Flinn
17,Ext.#9 Overstrom
17,Ext#10 Pinney
18 Portland Point Road
19 Franklyn/Maple
Trustee Fresinski moved this resolution. Trustee Moore seconded the motion. A vote was taken:
Mayor Donald Hartill-Aye Trustee
Larry Fresinski- Aye
Trustee Janet Beebe-Aye Trustee Frank Moore- Aye
Trustee Lynn Leopold-Aye
Paul
Tunison then explained that the second proposed amendment allows for the sale
of water to the Town of Ulysses. Currently the water lines are in place and the
next step is to build a pump station on Wolfe Lane in the Town of Ithaca. The
commission will actually sell the water to the Town of Ithaca and the Town will
then re-sell it and transport it to Ulysses. To give some idea of the amount of
water to be provided under these proposed arrangements, Paul stated that the
plant has the capacity to produce 6 ¾ million gallons a day. Presently the
demand is for 2 ½ million gallons and the amount to Ulysses will be a maximum
of 162,000 gallons a day. The cost to the Town of Ithaca for the water to be
provided to Ulysses will have the same rate (currently $1.79/1,000-gallons)
being charged to the Town for its own water, but this amount will not include
all of the operating services that the SCLIWC member municipalities have. Paul
explained that the Town of Ulysses will be able to contract with the Commission
to provide these additional services for an additional charge.
It
was then explained that the Town of Ulysses has already gone thought the SEQR
review process as part of its review and approval procedure for these
arrangements and the infrastructure to be constructed. Paul explained that the
SCLIWC attorney, John Barney, recommended that each municipality should review
the SEQR review by the Town of Ulysses and, for that purpose, a full set of
documents related to that review have been provided to the Village. It was confirmed that all of the Village
Board members have received a set of those documents to enable them to review
the Ulysses SEQR proceedings and to confirm that they concur with the findings
and determination made by Ulysses. Frank thought it odd to have to form an
opinion when he doesn’t know Ulysses and the particular information upon which
their determination was made. David Dubow explained that this procedure is
similar to those instances where multiple interested or involved parties
designate a lead agency for purposes of environmental review, and that lead
agency is given the authority to complete the review. The Town of Ulysses in this case has
undertaken and completed the SEQR review because it is most familiar with its
own environmental issues, and the SCLIWC member municipalities are now being
given the opportunity to confirm that SEQR determination after having been
provided with the appropriate information and materials for their respective
review and approval. It was acknowledged that this situation and procedure is
unique because it involves intermunicipal cooperation and an intermunicipal
agreement. The following amendment was presented:
AMENDMENT TO AMENDED, SUPPLEMENTAL, RESTATED, AND
CONSOLIDATED AGREEMENT OF MUNICIPAL COOPERATION
FOR CONSTRUCTION, FINANCING AND OPERATION OF
AN
INTER-MUNICIPAL WATER SUPPLY AND TRANSMISSION
SYSTEM
THIS AGREEMENT of municipal
cooperation is made as of this ______ day of _____________, 2003,
between the TOWN BOARD OF THE TOWN OF DRYDEN, Tompkins County, New York, on its
own behalf and on behalf of all of the water districts located within the Town
of Dryden that are legally served by the SOUTHERN CAYUGA LAKE INTERMUNICIPAL
WATER COMMISSION (“SCLIWC”) (hereinafter collectively referred to as
"Dryden"), the TOWN BOARD OF THE TOWN OF ITHACA, Tompkins County, New
York, on its own behalf and on behalf of the Townwide water benefited area of the
Town of Ithaca (hereinafter referred to as "Ithaca"), the TOWN BOARD
OF THE TOWN OF LANSING, Tompkins County, New York, on its own behalf and on
behalf of the water districts located within the Town of Lansing that are
legally served by SCLIWC (hereinafter referred to as "Lansing Town"),
the VILLAGE OF LANSING, Tompkins County, New York (hereinafter referred to as
"Lansing Village"), and the VILLAGE OF CAYUGA HEIGHTS, Tompkins
County, New York (hereinafter referred to as "Cayuga Heights"), all
of the parties hereto sometimes collectively or individually referred to
hereinafter as "Municipalities" or "Municipality".
WITNESSETH:
WHEREAS, Dryden (then acting
on its own behalf and on behalf of Dryden Water District 1), Ithaca, Lansing
Town (then acting on its own behalf and on behalf of McKinney's Water
District), Lansing Village and Cayuga Heights executed an Amended,
Supplemental, Restated and Consolidated Agreement of Municipal Cooperation for
Construction, Financing and Operation of an Inter-Municipal Water Supply and
Transmission System as of June 5, 1979; and
WHEREAS, said agreement has
been amended and supplemented on several occasions since its execution (the
original agreement, the amended and restated agreement, and all amendments
thereto hereinafter being collectively referred to as the "Intermunicipal
Agreement"); and
WHEREAS, the Municipalities
and the Southern Cayuga Lake Intermunicipal Water Commission as created by the
Intermunicipal Agreement (hereinafter referred to as the “Commission”) have
been approached by the Town of Ulysses (hereinafter “Ulysses”) requesting that
the Commission consider providing Ulysses with a supply of water from the
Bolton Point Municipal Water System (hereinafter “BPMWS”), and
WHEREAS, the Municipalities
and the Commission are in concurrence with the New York State Department of
Health’s support of the concept of regionalization of water supplies, and
WHEREAS, the Municipalities
and the Commission agree that a plentiful and high quality water supply is
essential to the health of the general public, and
WHEREAS, the Bolton Point
water treatment plant operated by the Commission has a New York State
Department of Health approved water treatment capacity of 6,750,000 gallons per
day and pumping and transmission capacity equal to or greater than said
treatment capacity, and
WHEREAS, the BPMWS has a
current annual average daily demand for water of 2,500,000 gallons, and
WHEREAS, the Commission is
willing to share a portion of this current excess capacity with Ulysses subject
to certain terms and conditions more fully set forth below; and
WHEREAS, the Commission
realizes that efficiencies in pumping, treatment, and transmission can be
increased by producing water at rates closer to system capacity and that
increases in efficiency can help stabilize rates to customers of the
Municipalities, and
WHEREAS, the Intermunicipal
Agreement currently contemplates water being provided from the BPMWS only to
customers within the Municipalities; and
WHEREAS, the Municipalities
and the Commission have determined that the Intermunicipal Agreement should be
amended to permit sales of water to Ulysses; and
WHEREAS, the Municipalities,
pursuant to the authority contained in Article 5G of the General Municipal Law
of the State of New York and in Title 1-A of the Local Finance Law and pursuant
to the authority granted generally to municipalities and water districts, wish
to authorize the ability to provide a total of 162,000 gallons per day of
public water service to Ulysses until the water supply demand on the
Commission’s facilities reaches 75% of maximum capacity; and
WHEREAS, it is the intention
of the Municipalities and the Commission that Ithaca contract for and oversee
the construction of any water system improvements required to serve customers
of Ulysses; and
WHEREAS, it is the intention
of the Municipalities and the Commission that any completed and accepted public
water system improvements within Ithaca’s boundary serving Ulysses be operated
and maintained by the Commission on behalf of Ithaca in accordance with the
standards and requirements of the Commission, the Intermunicipal Agreement
and/or any other agreements between the Commission and Ithaca; and
WHEREAS, it is the intention
of the Municipalities and the Commission that any completed and accepted public
water system improvements serving Ulysses located in Ulysses be operated and
maintained by Ulysses or its governmental customers in accordance with the
standards and requirements applicable to Ithaca and other Municipalities pursuant
to the Intermunicipal Agreement, and all rules and regulations of the
Commission; and
WHEREAS, the Municipalities
wish to amend the Intermunicipal Agreement to reflect the foregoing
circumstances and to set forth the terms and provisions of their agreement
concerning authorization of the ability to provide public water service to
Ulysses;NOW, THEREFORE, in consideration of the premises, the parties agree as
follows:
1. A new section, to be numbered 18A, is added to the
Intermunicipal Agreement reading as follows:
“18A. Provision of Water to Town of Ulysses. Notwithstanding any other provision of this
agreement, in so far as is permitted by law, the Commission may provide up to a
maximum of 162,000 gallons per day of water to Ithaca for Ithaca to transmit to
the Town of Ulysses (hereinafter “Ulysses”) to supply water to parts of Ulysses
upon terms and conditions satisfactory to Ithaca and the Commission, which
terms, at a minimum, include the following:
A. The member Municipalities will retain
all rights provided by the Intermunicipal Agreement including the right to
further amend and supplement the Intermunicipal Agreement. A possible future amendment or supplement to
the Intermunicipal Agreement could increase or decrease the total flow
allowable gallons per day to be transmitted to Ulysses. A decrease may become necessary in the event
that the ability of the Commission to provide the amounts becomes questionable.
B. Except as expressly modified by this
section of the Intermunicipal Agreement, each of the terms and provisions of
the Intermunicipal Agreement will apply to the sale of the additional water to
Ithaca and to the relationship among the Municipalities in connection with
same. Except as expressly amended by the
terms and provisions of this section, all other terms of the Intermunicipal
Agreement will remain in full force and effect and will be binding upon the
parties hereto in accordance with the terms thereof.
C. The maximum amount of daily gallons the
Commission will provide for transmission to Ulysses will not exceed the amount
set forth above without the consent of all of the member Municipalities.
D. Provision of the water to Ulysses shall
be subject to Ithaca and Ulysses entering into an agreement mutually
satisfactory to each of them and to the Commission prior to any water service
being provided to Ulysses. Such
agreement must be approved by a majority vote of the Commissioners.
E. Ithaca will be responsible for the
quality of the water from the point it enters the Ithaca distribution system to
the point at which it enters the Ulysses distribution system except to the
extent Ithaca has contracted with the Commission to maintain its system and the
failure of quality of the water is as a result of the Commission’s negligence or
wrongful willful act.
F. Ulysses will be responsible for the quality of the water once it enters the distribution system of Ulysses or any entity authorized by Ulysses to receive same (e.g. a water district formed in Ulysses) and for its quality throughout the distribution system once it leaves the Ithaca system.
G. Ulysses and any entity distributing
water supplied to Ulysses will operate their water systems in accordance with
all United States Environmental Protection Agency, New York State Department of
Health, New York State Department of Environmental Conservation, and Commission
rules and regulations in effect.
Without limiting the foregoing, Ulysses and/or the entities distributing
water for the Ulysses (hereinafter collectively included in the references to
“Ulysses”) will adopt local laws regarding water connections, back-flow
prevention, plumbing installations and similar matters as are required of the
member Municipalities of the Commission.
H. There shall be installed a master meter
and shut-off valve at the Ithaca line at the point where the water line enters
Ulysses, or at a location as close as possible to such point as is mutually
agreeable to Ithaca, Ulysses, and the Commission. Such installation shall be made by Ulysses at
the expense of Ulysses. Such meter shall
be the basis for billing for water supplied to Ulysses. The Commission shall arrange to read such
meter at agreed upon intervals, or, failing agreement, at quarterly intervals.
I. The Commission reserves the right to
suspend the supplying of water to Ulysses in the event Ulysses fails to comply
with all applicable federal, state, and local laws, or the Commission’s rules
and regulations.
J. Ithaca will be billed for water
supplied to Ulysses by the Commission at the rate set forth in the water rate
schedule annexed to the Intermunicipal Agreement, being the same rate charged
to all municipalities by the Commission. Ithaca agrees to pay all of such
charges in accordance with the Intermunicipal Agreement as if the charges were
charges for service to customers in any Ithaca water district. Nothing herein is intended to preclude Ithaca
from billing and collecting the same, or greater (within reason), amounts from
Ulysses. At the option of the Commission, a portion of the amounts received by
the Commission for such water may be placed in a Capital Capacity Replacement
Reserve Fund or similar fund established for the purpose of building additional
water treatment and transmission capacity in the future.
K. The parties reserve the right to change
the Water Rate Schedule (Exhibit I to the Intermunicipal Agreement) by
unanimous mutual agreement. If the Water
Rate Schedule is changed, the amounts chargeable to Ulysses will be adjusted
accordingly.
L. Ithaca will determine the rate it charges
Ulysses for water.
M. Ithaca hereby guarantees to the other
member Municipalities party to the Intermunicipal Agreement that Ithaca will
pay quarterly all Commission bills delivered to Ithaca for water Ithaca
supplies to Ulysses.
N. In the event the capacity of the
Commission’s facilities or Ithaca’s water system is diminished for any reason
whatsoever, temporarily or long-term, any agreement with Ulysses shall include
the agreement of Ulysses that water will be supplied first to the existing customers
of the Commission member Municipalities before being supplied to customers of
Ulysses. If necessary to provide water
to the member Municipalities, the Commission and/or Ithaca may suspend
supplying of water to Ulysses until the capacity is restored.
O. Ulysses will not supply or resell any
water obtained from the Commission’s facilities to any third party municipality
or other customer unless Ithaca and the Commission approve that supply and the
terms of that supply in writing prior to the occurrence of any such re-supply
or sale.
P. The term of the water supply agreement
between Ithaca and Ulysses will not exceed thirty years. However, it may provide for the parties to
attempt to negotiate an extension or renewal of the agreement if the parties are
so advised.
Q. Ulysses will indemnify and hold harmless
the Commission and the member Municipalities, and their respective
Commissioners, officers, agents, contractors and employees, from any and all
losses, claims or expenses (including experts fees and attorneys fees) arising
out of the provision of water pursuant to this section except to the extent
that it is found by a court of competent jurisdiction by final judgment after
litigation that the loss was solely as a result of the negligence or willful
wrongful act of the Commission.
R. Should Ulysses request the Commission
to perform services for its water district or customers, including such
services as billing, repairs, maintenance, etc., the charges for such services
and the manner in which they will be provided shall be the subject of a
separate agreement between the Commission and Ulysses, and the Commission
Member Municipalities hereby authorize the Commission to enter into such an
agreement with Ulysses.”
IN WITNESS WHEREOF, the
parties have executed this amendatory agreement as of the day and year above
written.
The following resolution was presented:
Resolution #4002-Agreement
To Allow Water Sales to the Town of Ulysses
WHEREAS, the Town of Ulysses (“Ulysses”) has
approached the Town of Ithaca (“Ithaca”) and the Southern Cayuga Lake
Intermunicipal Water Commission (the “Commission”) requesting that Ulysses be
permitted to purchase water from Ithaca supplied by the Commission to service
Water District Number 3 in Ulysses, a water district formed to alleviate a
long-standing water notability problem that has plagued the Hamlet of
Jacksonville for many years, which water district would also provide water for
other residents in the southern part of Ulysses; and
WHEREAS, Ithaca has expressed willingness to provide
such water if the other member municipalities of the Commission authorize
Ithaca to so act by amending the intermunicipal agreement pursuant to which the
Commission was formed and operates (the “Intermunicipal Agreement”), and
WHEREAS, a proposed agreement so amending the
Intermunicipal Agreement has been provided to this Board for review and
consideration (the “Amendatory Agreement”); and
WHEREAS, Ulysses as lead agency has conducted an
environmental review of the proposed district and the provision of water to
such district pursuant to Part 617 of the
implementing regulations of the State of New York pertaining to Article 8
(State Environmental Quality Review Act or “SEQR”) of the New York State
Conservation Law and has determined that creation of such district, the
construction of the related water system, and the obtaining of water for such
district would not have a significant effect upon the environment and could be
processed without further regard to SEQR; and
WHEREAS, at the time such determination was made it
was not clear that Ulysses would be utilizing water from the Commission’s water
treatment plant and other facilities; and
WHEREAS, now that it has been determined that
Ulysses may need water from the Commission’s facilities, Ulysses has supplied
to all the member municipalities of the Commission its original documentation
supporting its initial determination and supplemental information indicating
that the water may now come from the Commission’s facilities rather than the
City of Ithaca’s facilities and has requested concurrence with its (Ulysses’)
designation as lead agency and with its findings that there will be no
significant environmental effect resulting from the supplying of water to the
district by the Commission and Ithaca;
NOW THEREFORE, IT IS RESOLVED, that this Board
concurs with the designation of the Town of Ulysses as lead agency in the
environmental review of the creation, construction, and supplying of water to
Ulysses Water District Number 3; and it is further
RESOLVED, that this Board, after review of the Full
Environmental Assessment Form and related materials supplied by Ulysses,
concurs with the finding of Ulysses that there is no significant adverse
environmental effect by having the Commission supply water to Ulysses as
proposed and sees no reason to disturb the findings so made by Ulysses in this
regard; and it is further
RESOLVED, that this Board approves the Amendatory
Agreement submitted to this meeting authorizing Ithaca to sell water obtained
from the Commission’s facilities to Ulysses and authorizes the signing of such
Agreement on behalf of this municipality; and it is further
RESOLVED, that the officers of this municipality are
authorized and requested to take such steps, and to execute such documents, as
they, in the exercise of their reasonable discretion, deem necessary or
appropriate in order to effectuate the intention of the foregoing resolutions.
Trustee Fresinski moved this resolution. Trustee Leopold seconded the motion. A vote was taken:
Mayor Donald Hartill-Aye Trustee Larry
Fresinski- Aye Trustee Janet Beebe-Aye Trustee
Frank Moore- Aye
Trustee Lynn Leopold-Aye
Earl
Westbrook, the Village’s representative on the Tompkins County Youth Board was
present to give an update. With him was Janice Johnson of County Youth
Services. Earl explained that he used to be a basketball coach for several
years. He once was at a clinic with Dean Smith who asked how many of those
present coached basketball. When they all indicated that they did, Dean stated
that no, they did not coach basketball, they coached people. He advised the
Board that this is the thinking that he carries with him for this position. He
reported that 15% of the youths involved in recreation programs overseen by the
County are from the Village of Lansing. Earl provided additional information
about the County Youth programs and its operations. It was explained that the
Village has a single contract under which it pays $10,941 each year. It has not risen since 2001. In 2004 the State
funds were cut $1,693 from the 2003 allocation.
The County Legislature is likely to make deep cuts in funding youth
services. The unique joint youth commission was originally funded 50% from the
county and 50% from others. Currently it is more of a 25% contribution from the
county and 75% from other sources -- grants, fundraisers and fees. In addition,
the Village participates in the Recreation Partnership, which has its own governing
board and served over 4,000 different youth in 2002. Janet indicated that the
youth board appreciates the Village’s investment in youth services, and
emphasized that there are many volunteers who make all this happen. The Board
thanked Earl Westbrook and Janet Beebe for all of their help.
Resolution #4003-To Reappoint Earl Westbrook to Serve on the County Youth Board for a Two-year Term Ending December 31, 2005
Trustee Leopold moved this resolution. Trustee Fresinski seconded the motion. A vote was taken:
Mayor Donald Hartill-Aye Trustee Larry
Fresinski- Aye Trustee Janet Beebe-Aye Trustee
Frank Moore- Aye
Trustee Lynn Leopold-Aye
There
were two sets of minutes for the Board to approve.
Motion-Approval of Minutes for September 10, 2003
Trustee Moore moved that the draft meeting notes, as reviewed and revised by the Clerk/Treasurer and the Board, are hereby adopted as the official minutes. Trustee Beebe seconded the motion. A vote was taken:
Mayor Donald Hartill-Aye Trustee Larry
Fresinski- Aye Trustee Janet Beebe-Aye Trustee
Frank Moore- Aye
Trustee Lynn Leopold-Aye
Motion-Approval of Minutes for September 15, 2003
Trustee Beebe moved that the draft meeting notes, as reviewed and revised by the Clerk/Treasurer and the Board, are hereby adopted as the official minutes. Trustee Moore seconded the motion. A vote was taken:
Mayor Donald Hartill-Aye Trustee Larry
Fresinski- Aye Trustee Janet Beebe-Aye Trustee
Frank Moore- Aye
Trustee Lynn Leopold-Aye
It
was acknowledged that Ben Curtis has sent a request to the Board of Trustees to
amend the Temporary Certificate of Occupancy which was granted to the Cornell
Lab of Ornithology in July. The
amendment would change the expiration date from October 1, 2003 to December 31,
2003. Ben’s memo indicated that the original extension could have been granted
for up to 6 months with an expiration of February 1, 2004. The first request
for a shorter amount of time was based on their genuine expectation that the
outstanding items could be completed. However, Mr. Husar has not been able to
move the State of New York and the Cornell legal department along at the rate
he had expected.
Resolution #4004- To Extend the Temporary
Certificate of Occupancy Granted to the Cornell Lab of Ornithology from October
1 to December 31,2003.
Trustee Leopold moved this resolution. Trustee Beebe seconded the motion. A vote was taken:
Mayor Donald Hartill-Aye Trustee Larry
Fresinski- Aye Trustee Janet Beebe-Aye Trustee
Frank Moore- Aye
Trustee Lynn Leopold-Aye
It
was then explained that Ned Hickey, Chairperson of the Planning Board has
submitted a recommendation to amend the Planned Sign Area for the Tops Shopping
Plaza. His memo provided the following information: Charter One Bank has
recently located within the Tops Market building. Currently the bank does not
have an exterior sign on the Tops Market Building. The approved Planned Sign Area for the Tops
Shopping Mall authorized two exterior building signs of 25 square feet each to
be placed on the exterior east side of Tops Market building. These tenants did
not occupy the Tops building and the approved signage has not been used. The
Tops Corporation has authorized Charter One to use the fifty square feet
originally reserved for Blockbuster & Playland. Therefore, Charter One is
requesting a 45.1 square foot sign on the east wall of the Tops building. On
September 30, 2003, the Planning Board voted unanimously to recommend approval
of Charter One Bank’s request provided that such sign be located on the east
wall of the Tops Market building as close to the western entrance of the market
as feasible. This placement is stipulated in order to meet the requirements of (Article
V, section 39a) (entranceway) of the Village Sign Law. It was also determined
that this is a minor amendment because it doesn’t increase the original square
footage that was originally approved.
David Dubow outlined the procedural basis under the Village Sign Law for
such a minor amendment and the process associated with the original Planned
Sign Area approval by the Board in January 2003.
Resolution #4005- To Approve the Minor Amendment to
the Planned Sign Area for the Tops Shopping Mall to Allow Charter One Bank to
Have a 45.1 Square-Foot Sign.
Trustee Leopold moved this resolution. Trustee Fresinski seconded the motion. A vote was taken:
Mayor Donald Hartill-Aye Trustee Larry
Fresinski- Aye Trustee Janet Beebe-Aye Trustee
Frank Moore- Aye
Trustee Lynn Leopold-Aye
Next
on the agenda were the Mayor’s Comments. Don advised the Trustees that he has
written a letter to the Village of Cayuga Heights requesting 40 more sewer
units. Their meeting is also tonight. Don explained that we will continue our
aggressive search for further sewer line leaks, which, if repaired, will reduce
infiltration and provide the opportunity to obtain additional units. Don has
asked Carol to go through the water bills and add up consumption and compare it
to the sewer flow meter readings. In reference to the Intermunicipal Sewer
Agreement, all DEIS responses have gone to the DEC for final EIS. The engineers
have walked the proposed railroad bed path and found that it would be cheaper
to run a line down Cayuga Heights Road. Don is exploring the possibility of
expanding the Village of Cayuga Heights Plant. The solution of another plant in
Lansing was brought up. DEC doesn’t want another plant on the lake.
On
the good water side, Don referred back to the Village having tonight passed
resolutions to provide water to Ulysses. He informed the Board that the Town of
Genoa in Cayuga County has also inquired about receiving water through the Town
of Lansing much like Ulysses is doing through the Town of Ithaca.
Don
is interacting with the Mayor of the Village of Cayuga Heights and the
Supervisor of the Town of Lansing to help Tompkins County address their budget.
One of the problems is that they don’t have one person in charge of the budget,
and a second problem is the mandated items.
Don
stated that all the potholes have been fixed. Due to the cold, we will not be
able to seal North Triphammer Rd. Rich
Brauer of Fisher Associates will be here Friday to give us an update on the engineer
design for the North Triphammer Road improvement project still projected for
next year. This update will include the modified TIP. One unfortunate piece of
news is that we will have to pay for the utilities to be moved.
Next
on the agenda was General Discussion. There was no discussion.
Motion-To Adjourn
Trustee Fresinski moved adjournment. Trustee Leopold
seconded the motion.
Mayor Donald Hartill-Aye Trustee Larry
Fresinski- Aye Trustee Janet Beebe-Aye Trustee
Frank Moore- Aye
Trustee Lynn Leopold-Aye
The
meeting adjourned at 9:05 p.m.
Jodi
Dake
Clerk/treasurer