HomeMy WebLinkAbout2003-10-09 - TB TOWN OF ULYSSES
SPECIAL BOARD MEETING
October 9, 2003
Present : Supervisor Austic ; Councilpeople Sue Poelvoorde, Lee Scott, Carolyn
Duddleston and Robert Weatherby; Town Clerk Marsha Georgia.
Others Present : Gary Wood, PE Consulting Civil Engineer and Craig Norton of
Fingerlakes Construction Co . , Robert Brown, CEO Flo Tech.
Supervisor Austic called the meeting to order at 7 : 00 PM .
FLO-TECH PRESENTATION
Supervisor Austic stated that several months ago Mr. Brown came to the board with his
original thought of moving his business , Flo Tech, to the property he owns on Halseyville
Road and try to utilize some of the existing buildings, plus build a new facility. At that
time he did not meet the Towns requirements for project submission Mr. Brown has hired
Gary Wood to come up with a plan and an application . Mr. Wood is here tonight to
present the application prepared for Mr. Brown . The application is to be considered by
the Town for a PDD since the proposed use is consistent with the Town Master Plan and
would be in conformance with future Zoning as currently drafted .
The site is located at the intersection of Halseyville Road and NYS Route 96 . The site
consists of 10 acres owned by Mr. Brown. The new building will be constructed behind
the barn that remains from the farm that was formerly operated on his property. Since the
barn will not be removed, the new building will not be conspicuous from the road. The
accompanying Site Plan shows the proposed development, including new and existing
buildings, driveway improvements, relocated sign and the required storm water detention
area. A new 2300 square foot office and laboratory, with an attached 865 square foot
1 apartment where a corporate officer will reside, will be built on the site . An existing
driveway will be improved and approximately 13 , 000 square feet of crushed stone
driveway and parking will be provided . Most of the existing farm buildings will be left
in place. There are no plans for future expansion.
The firm ' s sole activity is the manufacture of prosthetic devices . There are usually 6 — 8
employees, with a maximum of 10 at the site. There are no plans to increase this number
immediately. No significant traffic is generated, no noise, and no noxious chemicals are
used or odors generated . The exterior lighting will consist of 500 watt "wall packs"
mounted on the building. The sign from the existing facility will be relocated and it will
not be illuminated .
Mr. Austic stated that the question for the Board is how the Town should proceed with
the application either through a Planned Development District or a change in zoning. Mr.
Austic stated that this application needs to be turned over to the Planning Board for their
thoughts on the means to do this .
The Board discussed the different avenues they may possibly approach this . Ms .
Poelvoorde feels that this does not fit into the true Planned Unit Development and now
after talking to Mr. Brown the cottage industry may not be appropriate because of the
number of employees . It comes down to basically finding a way to do this . No one is
opposed to this project but how do we make it happen , what procedure do we follow.
The Board will review this application and figure out how it can fit into the current
Zoning or how it will fit into the upcoming Zoning by looking at the proposed zoning
map etc . The Board will discuss this with the attorney also .
SCHEDULE JOINT MEETING WITH PLANNING BOARD
Chairman Coogan felt that a joint meeting with the Planning Board should be scheduled
as soon as possible to finalize the Agricultural District and the map . He will check to see
if they can meet on the 16th of October at 7 : 00 p . m . and leave the date of the 23rd open
for a second meeting if necessary. The Clerk will get the most recent map from George
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Frantz . Other areas that need revisiting are the Design Standards and the Conservation
Zone .
2004 BUDGET PRESENTATION
Supervisor Austic presented the tentative budget for 2004 . The Board will review and
discuss it at the next Regular Town Board Meeting on Tuesday October 14th . It was
tentatively set to have the public hearing on the budget no later than November 5th and
that way if all goes okay it can be adopted at the November Regular Town Board
Meeting.
Ms . Poelvoorde noted that the November meeting would have to be rescheduled because
of the holiday on Tuesday. The November Regular Meeting will be Monday November
10th . The Clerk will notify the paper.
WATER CONTRACTS FOR DISTRICT #3 AND #4
Mr. Austic presented the contracts to the Board. The Attorney has reviewed and advises
the Board to authorize Supervisor Austic to sign.
Ms . Poelvoorde moved, seconded by Mr. Scott to authorize Supervisor Austic to sign the
Contracts for Water District #3 and Water District #4 as follows :
WATER SERVICE AGREEMENT
This AGREEMENT made as of the day of , 2003
between the TOWN OF ITHACA, a municipal corporation with offices at 215 North Tioga
Street, Ithaca, New York, hereinafter called " Ithaca" , and the TOWN OF ULYSSES , a municipal
corporation with offices at 10 Elm Street, Trumansburg, New York 14886, on its own behalf and
on behalf of the ULYSSES WATER DISTRICT NUMBER 4, both hereinafter collectively
called "Ulysses" .
WITNESSETH
WHEREAS , Ulysses seeks to expand water services for Town residents within the Town of
Ulysses, in the southeast section of the Town adjacent to the Town of Ithaca and extending
toward Trumansburg in general accordance with "Map, Plan and Report for Town of Ulysses,
Water District No .4, dated 2001 , prepared by Barton & Loguidice, P . C . , Consulting
Engineers" ; and
WHEREAS, Ithaca is willing to provide such service upon the terms and conditions hereinafter
set forth:
NOW, THEREFORE, in consideration of the promises and of the mutual covenants hereinafter
set forth and agreed upon, the parties agree as follows :
1 . Ithaca hereby agrees to sell and furnish to Ulysses water for a potable water supply for
drinking, cooking, bathing and all normal domestic purposes, including fire protection, at levels
comparable to those available to Ithaca residents in the Woolf Lane area of the Town of Ithaca
after connection of Ithaca's water system with that of Ulysses, in a manner more specifically
outlined below, and Ulysses agrees to pay for such water as provided in this agreement.
2 . The maximum amount of water to be provided by Ithaca shall not exceed gallons
in any 24-hour period.
3 . The water so furnished shall be supplied by Ithaca to Ulysses at It::haca's water main on Dubois
Road at or near to the Ithaca-Ulysses town line . Ulysses agrees to install at such point of
connection, at the expense of Ulysses, a master water meter that will measure the amount of
water flowing from the Ithaca water system to the Ulysses Water District Number 4 water system.
4 . Unless the parties agree otherwise, Ulysses shall maintain, repair, and, if necessary, replace the
master water meter. In the event the master meter fails or renders patently inaccurate readings,
until the meter is repaired or replaced, the parties shall agree on a different method of measuring
the consumption by Ulysses . If the parties are unable to agree, the consumption shall be based on
the meter readings of the Ulysses customers (home-owners, etc .) and estimates of unmetered
water usage for fire protection, etc . until the master meter is again operating reliably . For the
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purposes of this agreement, whenever references below assume master meter readings, such
provisions shall be deemed to include any alternative measures of consumption implemented
pursuant to this paragraph. Ithaca and Ulysses shall be granted reasonable access to the master
meter for purposes of inspecting its operation and to monitor and read the master meter, such
access to be on reasonable advance notice to the party on whose property the meter is located and
in the company of a representative from the party should on whose property the meter is located
should such party so desire .
5 . Ithaca will be responsible for, and will maintain and operate, the portions of the water main on
the Ithaca side of the master water meter. Ulysses will be responsible for, and will maintain and
operate the main from the Ulysses side of the master water meter northward into and in the Town
of Ulysses .
6 . Ulysses agrees to pay Ithaca for all water consumed in Ulysses as measured through the master
meter. Any loss of water, use of water for fire protection . or other uses of water not normally
metered at a customer's facility shall be at the expense of Ulysses, i .e . all water measured by the
master meter shall be paid for by Ulysses , regardless of whether the water is ultimately metered
again at the retail customer of Ulysses, or whether the water is lost because of a broken main or
used in fighting fires or lost in any other manner that does not result in the water being metered to
an ultimate consumer.
7 . Ulysses shall pay to Ithaca quarterly an amount to be determined by multiplying the amount of
water used within Ulysses as determined above, times the rate which Ithaca charges to its
customers . The current Ithaca rate for its customers is $2 . 95 per one thousand gallons of water
and is anticipated to increase to $3 .20 per one thousand gallons of water effective January 1 ,
2004 . The rate payable by Ulysses shall change from time to time as the rate Ithaca charges its
other customers changes . Any rate change shall be effective at the same time as the change in rate
to other customers . Any rate change by Ithaca after the anticipated rate change on January 1 ,
2004, shall be on at least 45 days advance notice to Ulysses to allow Ulysses to notify its
customers and collect amounts timely to cover any such increase in charges for the next quarter.
Only one notice of rate change need by given by Ithaca to Ulysses , regardless of the number of
contracts Ithaca has with different Ulysses water districts for the supplying of water, provided
that all such districts are charged water at the same rate . The payments due Ithaca hereunder shall
be made to Ithaca on quarterly dates as agreed between the parties, and otherwise on the 1st
of February, May, August, and October. Payments not made within ten days of their due dates
shall bear interest at the rate of 6% per annum, without limiting any other remedies of Ithaca for
such failure .
8 . Both parties agree that they will not implement physical changes in their respective water
systems designed or intended to either alter the pressure at which water is provided to the other
party's customers or change operating conditions of the system in a manner which would result in
deteriorated service to the other party's customers (exc6pt in the case of emergencies or
circumstances causing loss or alteration of water service beyond the control of the party or parties
such as weather problems, terrorism, sabotage, power losses, etc . ) without written approval by
the other party. New water service to retail customers in Ulysses Water District Number 4 as it is
presently configured shall not be deemed as " designed or intended to alter water pressure " if in
fact water pressure after such connection meets satisfactory levels as set by then current
engineering and health department standards .
9 . If either party to this agreement shall discover a defect or leak in any Ulysses main,
hydrants or appurtenance, it shall notify the other party. If Ulysses discovers the leak, it shall take
all steps to repair such leak. If Ithaca discovers the leak , Ulysses shall take all steps to
effect a repair as promptly as possible . Ulysses agrees to take all reasonable steps to maintain its
system in a good and workmanlike manner so to minimize waste from the Ulysses system and
Ulysses will endeavor to operate its system in as cost-effective a manner as possible consistent
with good engineering practices . The parties agree to cooperate fully in giving of notices required
by this paragraph and the execution of work hereunder. Likewise, Ithaca shall maintain its system
in a good and workmanlike manner, and , unless the parties agree otherwise, the master water
meter shall be viewed as the demarcation line as to the duty in this paragraph to maintain such
main and to notice and repair any defect or leak.
10 . In the event that Ulysses requests greater amounts of water than set forth in paragraph 2
above, Ithaca and Ulysses agree to consider negotiations relating to provision of additional
amounts of water. However, neither party is obligated to so negotiate nor to enter into any
agreement whatsoever. If the parties negotiate, and if the supplying of such additional water
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necessitates additional capital improvements, among the points to be considered in the
negotiations would be the appropriateness of Ulysses paying a portion of the capital costs of such
improvements within Ithaca to the extent that the improvements are necessary or desirable to
meet the increased demand for water services in Ulysses . Any agreement shall be subject to the
approval of the Southern Cayuga Lake Intermunicipal Water Commission (" SCLIWC") if water
is being provided from the SCLIWC facility.
11 . This agreement is conditional upon the following, all of which shall occur prior to
any connections to the Town of Ithaca water system Ulysses a different period is prescribed
below:
(A) If at the time of such connection the water to be supplied to Ulysses is from the City
of Ithaca water treatment plant, Ulysses, Ithaca, and the City of Ithaca have executed a mutually
acceptable agreement or agreements authorizing the sale of water obtained from the City plant to
Ulysses.
(B) If at the time of such connection the water to be supplied to Ulysses is from the
Southern Cayuga Lake Intermunicipal Water Commission (" SCLIWC") water treatment plant,
Ithaca and SCLIWC and the member municipalities of SCLIWC have executed a mutually
acceptable agreement or agreements authorizing the sal e of water obtained from the SCLIWC
plant to Ulysses .
(C) Ithaca has successfully completed construction of various improvements on its
system so as to be able to supply water to Ulysses, Ithaca agreeing to act in good faith to
authorize, bid, contract for, finance, and construct such project, all subject to the requirements of
law including permissive referendum requirements and bonding requirements as applicable . The
Town will, upon request from time to time, advise Ulysses of the status of such improvements
and will endeavor to notify Ulysses of the completion of all of the improvements .
(D) Any reviews or other steps have been completed to comply fully with the New York
State Environmental Conservation Law provisions governing environmental review (" SEQRA")
of the Ulysses water project and the interconnection with Ithaca, including preparation of any
documents required by such review and implementation of any mitigation measures that may be
determined to be necessary as part of any such review.
(E) Ulysses has adopted the local laws and rules referred to below .
12 . This agreement shall be effective upon its approval by the Town Board of the Town of
Ulysses, the Town Board of the Town of Ithaca, and SCLIWC, subject to the conditions set
forth herein.
13 . Subject to earlier termination as set forth herein, this contract shall be for an initial period of
thirty (30) years from the date hereof, and shall be automatically renewed thereafter for
successive periods of one year each unless either party notifies the other party at least one year in
advance that it elects not to renew the agreement.
14 . Any disputes regarding this agreement shall be initially referred to a joint meeting of the
Supervisors of the two towns, who shall attempt to resolve the matter promptly and recommend a
resolution to their respective town boards . If not so resolved, or if either party believes such a
meeting would be pointless, disputes shall be subject to litigation in the appropriate court venued
in Tompkins County, New York.
15 . Upon request from Ulysses, Ithaca will provide repair services to water mains and other
facilities owned by Ulysses . Ulysses shall pay for such services on a "time and materials" basis
within fifteen days of receipt for billings for same from Ithaca. The amounts charged by Ithaca to
Ulysses shall be at the same rate for time and materials charged generally to other customers of
the Town.
16 . Notwithstanding any other terms or provisions of this Agreement, this Agreement is subject to
the fol1owmg additional conditions and restrictions, which shall sul ►ercede any other provisions
of this Agreement to the extent inconsistent with same :
(A) The SCLIWC member municipalities (hereinafter referred to as sometimes as
"Member Municipalities") will retain all rights provided by the agreement of intermunicipal
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cooperation among the Member Municipalities governing the operation of SCLIWC as presently
amended (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 of allowable gallons per day to be
transmitted to Ulysses . A decrease may become necessary in the event that the ability of
SCLIWC (also sometimes referred to herein as the " Commission" ) to provide the amounts
becomes questionable .
(B) Each of the terms and provisions of the Intermunicipal Agreement as amended will
apply to the sale of the additional water to Ithaca and to the relationship among the Member
Municipalities in connection with same . All other terms of the Intermunicipal Agreement will
remain in full force and effect and will be binding upon Ithaca in accordance with the terms
thereof and, to the extent necessary to preclude Ithaca from violating the terms of the
Intermunicipal Agreement. shall supercede the provisions of this Agreement.
(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) 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, in
which event the Commission shall be responsible for such quality.
(E) Ulysses will be responsible for the quality of the water once it enters the distribution
system of Ulysses and for its quality throughout the Ulysses distribution system once it leaves the
Ithaca system.
(F) Ulysses will operate its water system in accordance with all United States
Environmental Protection Agency, New York State Department of Health, New York State
Department of Environmental Conservation, SCLIWC and Town of Ithaca rules and regulations
in effect from time to time . Without limiting the foregoing, 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 .
(G) The Commission shall have access to the master meter to read same for the purposes
of billing the Town of Ithaca for water used by Ulysses . The Commission shall arrange to read
such meter at agreed upon intervals , or, failing agreement, at quarterly intervals .
(H) The Ithaca and the Commission reserve 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, or fails to pay for water transmitted to
Ulysses on a timely basis . Ithaca agrees it will not suspend supplying water without giving
Ulysses prior notice of the reason for suspending and a reasonable time to correct same, except in
the case of an emergency requiring immediate suspension or except in the case of the
Commission ceasing supplying water to Ithaca or prohibiting Ithaca to supply water to Ulysses .
Unless circumstances require a longer period and the granting of a longer period will not unduly
adversely threaten or impact Ithaca's or the Commission's water supply, three days shall be
deemed a reasonable period for correcting a failure hereunder.
(I) 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, Ulysses agrees 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. Notwithstanding the foregoing, Ithaca is aware that suspension of a water
supply to Ulysses may be a public health issue and Ithaca will use reasonable efforts to protect
the supply of water to Ulysses not inconsistent with the safety of Ithaca's own customers . In
applying use restrictions or conservation measures, to the extent reasonably possible, Ithaca will
endeavor to apply no more limiting restrictions on Ulysses than it applies to its own customers .
(J) Ulysses will not supply or resell any water obtained from the Commission's
facilities to any third party municipality or other customer (other than normal retail
homeowners and business owners within the bounds of the existing Ulysses Water District
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Number 4 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 .
(K) Ulysses hereby agrees to indemnify and hold harmless the Commission and the
Member Municipalities (including Ithaca), 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 Agreement except to the
extent that it is found by a court of competent jurisdiction by final judgment after litigation that
the loss was as a result of the negligence or willful wrongful act of the Commission, Commission
Member Municipality, or their officers, agents, contractors, or employees.
IN WITNESS WHEREOF, the parties hereto have caused their corporate seals to be hereunto
affixed, and this agreement to be signed by their duly authorized officers as of the date and year
first written above.
WATER SERVICE AGREEMENT
THIS AGREEMENT made as of the day of , 2003
between the TOWN OF ITHACA, a municipal corporation with offices at 215 North
Tioga Street, Ithaca, New York, hereinafter called "Ithaca" , and the TOWN OF
ULYSSES , a municipal corporation with offices at Elm Street , Trumansburg, New York
14886, on its own behalf and on behalf of the ULYSSES WATER DISTRICT
NUMBER 3 , both hereinafter collectively called "Ulysses " .
WITNES SETH
WHEREAS , Ulysses seeks to expand water services for Town residents within
the Town of Ulysses, in the southeast section of the Town adjacent to the Town of Ithaca
and extending toward Trumansburg in general accordance with "Map , Plan and Report
for Town of Ulysses, Water District No . 3 , revised August 2001 , prepared by Barton &
Loguidice. P . C . , Consulting Engineers" ; and
WHEREAS , Ithaca is willing to provide such service upon the terms and
conditions hereinafter set forth:
NOW, THEREFORE, in consideration of the promises and of the mutual
covenants hereinafter set forth and agreed upon, the parties agree as follows :
1 . Ithaca hereby agrees to sell and furnish to Ulysses water for a potable water
supply for drinking, cooking, bathing and all normal domestic purposes, including fire
protection, at levels comparable to those available to Ithaca residents in the Woolf Lane
area of the Town of Ithaca after connection of Ithaca's water system with that of Ulysses,
in a manner more specifically outlined below, and Ulysses agrees to pay for such water as
provided in this agreement.
2 . The maximum amount of water to be provided by Ithaca shall not exceed
162 ,000 gallons in any 24hour period.
3 . The water so furnished shall be supplied by Ithaca to the new Town of Ulysses
pump station near Woolf Lane within the Town of Ithaca. Said pump station, the building
housing said station, connections to the Ithaca water system, and all related facilities and
equipment (including all water mains built by Ulysses in the Town of Ithaca) shall be
constructed and installed at the sole expense of Ulysses in accordance with engineering
drawings and specifications approved by the Director of Engineering of Ithaca, which
approval will not be unreasonably withheld or delayed, and in accordance with all
applicable health department and other governmental unit laws and regulations. Included
in such construction shall be a master water meter that will measure the amount of water
flowing out of such pump station, which meter shall be acquired and installed at the
expense of Ulysses . Upon the completion of the construction and equipping of the pump
station by Ulysses and the associated water mains, and as additional consideration and
inducement to Ithaca to enter into this Agreement, the same shall be conveyed by Ulysses
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to Ithaca without further payment by Ithaca by customary warranty deed conveying good
and marketable title free and clear of any liens or encumbrances other than those
consented to by Ithaca. Ulysses will provide the customary title abstract, tax searches,
and survey. The conveyance shall occur within six months after acceptance of the pump
station and related facilities by the Director of Engineering of Ithaca, which acceptance
shall not occur until completion of the pump station and associated facilities, its'
acceptance by Ulysses from the contractor, its connection to the Ithaca water system,
payment in full for same by Ulysses , and its connection to the Ulysses water system so
that Ulysses is receiving water from the Ithaca water system. Until the station is
conveyed to Ithaca, unless the parties agree otherwise, Ulysses shall be responsible for
the operation and maintenance costs of operating the pump station, including utilities .
Upon its conveyance to Ithaca, Ithaca shall assume the costs of operating and maintaining
the pump station, including utilities . The designed pump station capacity is intended to be
550 gallons per minute at a head of 290 feet . Once conveyed to Ithaca, Ithaca shall
maintain the pumps at or near their designed capacity of 550 gallons per minute. If,
during the period of thirty-five years after date of this Agreement Ithaca ceases to use the
facility as a pump station and doesn't replace it with another pumping source, the title to
the pump station shall be re-conveyed to Ulysses at a cost of' 1 . 00 .
4 . Once conveyed to Ithaca, Ithaca shall have the responsibility for the repair or
replacement of the master meter. In the event the master meter fails or renders patently
inaccurate readings, until the meter is repaired or replaced, the parties shall agree on a
different method of measuring the consumption by Ulysses . If the parties are unable to
agree, the consumption shall be based on the meter readings of the Ulysses customers
(home-owners, etc . ) and estimates of unmetered water usage for fire protection, etc . until
the master meter is again operating reliably. For the purposes of this agreement,
whenever references below assume master meter readings, such provisions shall be
deemed to include any alternative measures of consumption implemented pursuant to this
paragraph. Ulysses shall be granted reasonable access to the pump station for purposes of
inspecting its operation and to monitor and read the master meter, such access to be on
reasonable advance notice to Ithaca and in the company of a representative from Ithaca
should Ithaca so desire.
5 . Ithaca will be responsible for, and will maintain and operate, the main running
from the pump station to the Ithaca-Ulysses town line . Ulysses will be responsible for,
and will maintain and operate the main from the Ithaca- Ulysses town line northward in
the Town of Ulysses .
6 . Ulysses agrees to pay Ithaca for all water consumed in Ulysses as measured
through the master meter. Any loss of water, use of water for fire protection, or other uses
of water not normally metered at a customer's facility shall be at the expense of Ulysses,
i . e. all water measured by the master meter shall be paid for by Ulysses, regardless of
whether the water is ultimately metered again at the retail customer of Ulysses, or
whether the water is lost because of a broken main or used in fighting fires or lost in any
other manner that does not result in the water being metered to an ultimate consumer,
unless such loss is determined to have occurred in the portion of the water main running
from the pump station to Ulysses that is south of the Ulysses-Ithaca town line .
Notwithstanding the foregoing, there shall be credited against water charged to Ulysses
any water provided from such pump station to Town of Ithaca customers served from the
line running from said pump station to the Ithaca-Ulysses town line. The amount used by
the Ithaca customers shall be determined based upon the meter readings at the customers '
locations . There shall also be credited against water charge to Ulysses the estimated
amounts of any water that comes out of the water main between the pump station and the
Ulysses-Ithaca town line that is used for fighting fires in Ithaca, is lost because of leaks,
or is otherwise lost or used in the Town of Ithaca south of the Ulysses-Ithaca town line
and not metered by the ultimate consumer. Upon request of Ulysses, Ithaca shall supply
Ulysses with all readings and other usage occurring in the Town of Ithaca related to the
water main from the pump station to the town line for purpose of confirming the amounts
of billings to Ulysses . No such request shall be made for readings or estimates for dates
more than two years earlier than the date of the request . At either party's option, either
party may place master meters at the town line and, when operational, such meters shall
be used to calculate consumption instead of the retail meters and estimates set forth
above.
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7 . Ulysses shall pay to Ithaca quarterly an amount to be determined by
multiplying the amount of water used within Ulysses as determined above, times the rate
which Ithaca charges to its customers . The current Ithaca rate for its customers is $2 . 95
per one thousand gallons of water and is anticipated to increase to $3 .20 per one thousand
gallons of water effective January 1 , 2004 . The rate payable by Ulysses shall change from
time to time as the rate Ithaca charges its other customer' s changes . Any rate change shall
be effective at the same time as the change in rate to other customers. Any rate change by
Ithaca after the anticipated rat change on January 1 , 2004, shall be on at least 45 days
advance notice to Ulysses to allow Ulysses to notify its customers and collect amounts
timely to cover any such increase in charges for the next quarter. The payments due
Ithaca hereunder shall be made to Ithaca on quarterly dates as agreed between the parties,
and otherwise on the 1st of February, May, August, and October. Payments not made
within ten days of their due dates shall bear interest at the rate of 6% per annum, without
limiting any other remedies of Ithaca for such failure .
8 . As part of the consideration for Ithaca maintaining at least 160 gallons per
minute capacity at the pump station referred to above, Ulysses agrees to complete,
operate, and maintain the 200,000 gallon water storage tank it is constructing near the
corner of Iradell and North VanDorns Road to provide pressure for the Woolf Lane and
northerly Trumansburg Road areas of Ithaca. Both parties agree that they will not
implement physical changes in their respective water systems designed or intended to
either alter the pressure at which water is provided to the other party's customers or
change operating conditions of the system in a manner which would result in deteriorated
service to the other party' s customers (except in the case of emergencies or circumstances
causing toss or alteration of water service beyond the control of the party or parties such
as weather problems, terrorism, sabotage, power losses, etc.) without written approval by
the other party. New water service to retail customers in Ulysses Water District Number
3 as it is presently configured shall not be deemed as "designed or intended to alter water
pressure" if in fact water pressure after such connection meets satisfactory levels as set by
then current engineering and health department standards .
9 . If either party to this agreement shall discover a defect or leak in any Ulysses
main hydrants or appurtenance, it shall notify the other party. If Ulysses discovers the
leak, it shall take all steps to repair such leak. If Ithaca discovers the leak, Ulysses shall
take all steps to effect a repair as promptly as possible. Ulysses agrees to take all
reasonable steps to maintain its system in a good and workmanlike manner so to
minimize waste from the Ulysses system and Ulysses will endeavor to operate its system
in as cost-effective a manner as possible consistent with good engineering practices . The
parties agree to cooperate fully in giving of notices required by this paragraph and the
execution of work hereunder. Likewise, Ithaca shall maintain its system including the
main from the pump station to the Ulysses-Ithaca, in a good workmanlike manner, and
the town line shall be viewed as the demarcation line as to the duty in this paragraph to
maintain such main and to notice and repair any defect or leak :.
10. In the event that Ulysses requests greater amounts of water than set forth in paragraph
2 above, Ithaca and Ulysses agree to consider negotiations relating to provision of
additional amounts of water. However, neither party is obligau ,ed neither to so negotiate
nor to enter into any agreement whatsoever. If the parties negotiate, and if the supplying
of such additional water necessitates additional capital improvements, among the points
to be considered in the negotiations would be the appropriateness of Ulysses paying a
portion of the capital costs of such improvements within Ithaca to the extent that the
improvements are necessary or desirable to meet the increased demand for water services
in Ulysses . Any agreement shall be subject to the approval of the Southern Cayuga Lake
Intermunicipal Water Commission (" SCLIWC) if water is being provided from the
SCLIWC facility.
11 . This agreement is conditional upon the following, all of which shall occur prior to
any connections to the Town of Ithaca water system unless a different period is
prescribed below :
(A) If at the time of such connection the water to be supplied to Ulysses is from
the City of Ithaca water treatment plant, Ulysses, Ithaca, and the City of Ithaca have
executed a mutually acceptable agreement or agreements authorizing the sale of water
obtained from the City plant to Ulysses.
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(B) If at the time of such connection the water to be supplied to Ulysses is from
the Southern Cayuga Lake Intermunicipal Water Commission (" SCLIWC ") water
lreatnlent plant, Ithaca and SCLIWC and the member municipalities of SCLIWC have
executed a mutually acceptable agreement or agreements authorizing the sale of water
obtained from the SCLIWC plant to Ulysses .
(C) Ithaca has successfully completed construction of various improvements on
its system so as to be able to supply water to Ulysses, Ithaca agreeing to act in good faith
to authorize, bid, contact for, finance, and construct such project, all subject to the
requirements of law including permissive referendum requirements and bonding
requirements as applicable . The Town will, upon request from time to time, advise
Ulysses of the status of such improvements and will endeavor to notify Ulysses of the
completion of all of the improvements .
(D) Any reviews or other steps have been completed to comply fully with the
New York State Environmental Conservation Law provisions governing environmental
review (" SEQRA ") of the Ulysses water project and the interconnection with Ithaca,
including preparation of any documents required by such review and implementation of
any mitigation measures that may be determined to be necessary as part of any such
review .
(E) Ulysses has adopted the local laws and rules referred to below .
12 . This agreement shall be effective upon its approval by the Town Board of the Town
of Ulysses, the Town Board of the Town of Ithaca, and SCLIWC , subject to the
conditions set forth herein.
13 . Subject to earlier termination as set forth herein, this contract shall be for an initial
period of thirty (30) years from the date hereof, and shall be automatically renewed
thereafter for successive periods of one year each unless either party notifies the other
party at least one year in advance that it elects not to renew the agreement .
14 . Any disputes regarding this agreement shall be initially referred to a joint meeting of
the Supervisors of the two towns, who shall attempt to resolve the matter promptly and
recommend a resolution to their respective town boards . If not so resolved , or if either
party believes such a meeting would be pointless , disputes shall be subject to litigation in
the appropriate court venued in Tompkins County, New York,
15 . Upon request from Ulysses, Ithaca will provide repair services to water mains and
other facilities owned by Ulysses . Ulysses shall pay for such services on a "time and
materials" basis within fifteen days of receipt for billings for same from Ithaca. The
amounts charged by Ithaca to Ulysses shall be at the same rate for time and materials
charged generally to other customers of the Town .
16 . Notwithstanding any other terms or provisions of this Agreement, this Agreement is
subject to the following additional conditions and restrictions, which shall supercede any
other provisions of this Agreement to the extent inconsistent with same :
(A) The SCLIWC member municipalities (hereinafter referred to as sometimes as
"Member Municipalities) will retain all rights provided by the agreement of
intermunicipal cooperation among the Member Municipalities governing the operation of
SCLIWC as presently amended (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 of allowable gallons per day to be transmitted to Ulysses . A decrease may
become necessary in the event that the ability of SCLIWC (also sometimes referred to
herein as the "Commission") to provide the amounts becomes questionable .
(B) Each of the terms and provisions of the Intermunicipal Agreement as
amended will apply to the sale of the additional water to Ithaca and to the relationship
among the Member Municipalities in connection with same. All other terms of the
Intermunicipal Agreement will remain in full force and effect and will be binding upon
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Ithaca in accordance with the terms thereof and shall, to the extent necessary to preclude
Ithaca from violating the terms of the Intermunicipal
Agreement shall supercede the provisions of this Agreement.
(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) 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, in which event the Commission shall be responsible
for such quality.
(E) Ulysses will be responsible for the quality of the water once it enters the
distribution system of Ulysses and for its quality throughout the Ulysses distribution
system once it leaves the Ithaca system .
(F) Ulysses will operate its water system in accordance with all United States
Environmental Protection Agency, New York State Department of Health, New York
State Department of Environmental Conservation, SCLIWC and Town of Ithaca rules
and regulations in effect from time to time . Without limiting the foregoing, 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. .
(G) The Commission shall have access to the master meter to read same for the
purposes of billing the Town of Ithaca for water used by Ulysses . The Commission shall
arrange to read such meter at agreed upon intervals, of, failing agreement, at quarterly
intervals.
(H) The Ithaca and tile Commission reserve 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 roles and regulations, or fails to pay for water
transmitted to Ulysses on a timely basis. Ithaca agrees it will not suspend supplying water
without giving Ulysses prior notice of the reason for suspending and a reasonable time to
correct same, except in the case of an emergency requiring immediate suspension or
except in the case of the Commission ceasing supplying water to Ithaca or prohibiting
Ithaca to supply water to Ulysses . Unless circumstances require a longer period and the
granting of a longer period will not unduly adversely threaten or impact Ithaca's or the
Commission's water supply, three days shall be deemed a reasonable period for
correcting a failure hereunder.
(I) 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, Ulysses agrees 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. Notwithstanding the
foregoing, Ithaca is aware that suspension of a water supply to Ulysses may be a public
health issue and Ithaca will use reasonable efforts to protect the supply of water to
Ulysses not inconsistent with the safety of Ithaca's own customers . In applying use
restrictions or conservation measures, to the extent reasonably possible, Ithaca will
endeavor apply no more limiting restrictions on Ulysses than it applies to its own
customers . :
(J) Ulysses will not supply or resell any water obtained from the Commission's
facilities to any third party municipality or other customer (other than nonnal retail
homeowners and business owners within the bounds of the existing Ulysses Water
District Number 3 ) 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.
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(K) Ulysses hereby agrees to indemnify and hold harmless the Commission and
the member Municipalities (including Ithaca), 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 Agreement except to the extent that it is found by a court of competent jurisdiction
by final judgment after litigation that the loss was as a result of the negligence or willful
wrongful act of the Commission, Commission Member Municipality, or their officers,
agents, contractors, or employees .
IN WITNESS WHEREOF, the parties hereto have caused their corporate seals to be
hereunto affixed, and this agreement to be signed by their duly authorized officers as of
the date and year first written above .
Mr. Austic aye
Ms . Poelvoorde aye
Mrs . Duddleston aye
Mr. Scott aye
Mr. Weatherby aye
Adopted.
BIDS / WATER METERS
Supervisor Austic reviewed the bids received for the water meters . He has sent these on
to Barton & Loguidice for their review and they will advise the Board how to proceed .
CONTRACTOR BID ALTERNATE BID (RADIO)
Ti-Sales, Inc . (Neptune) $24,215 . 16 $54,476 . 16
Blair Supply Corp . (Badger) $ 35 ,009 . 25 $44, 709 . 25
Everett J. Prescott, Inc . (Invensys) $ 31 , 520 . 00 $61 ,405 . 00
APPOINTING WATER SUPERINTENDENT AND WATER CLERK
Mr. Weatherby moved, seconded by Mr. Scott the following :
BE IT RESOLVED that the Town Board of the Town of Ulysses appoints
Douglas Austic , Supervisor as the Superintendent of the Water Districts .
Ms . Poelvoorde aye
Mrs . Duddleston aye
Mr. Scott aye
Mr. Weatherby aye
Adopted.
Ms . Poelvoorde moved, seconded by Mr. Scott the following :
BE IT RESOLVED that the Town Board of the Town of Ulysses appoints Marsha
L. Georgia, Town Clerk as the Clerk of the Water Districts .
Mr. Austic aye
Ms . Poelvoorde aye
Mrs . Duddleston aye
Mr. Scott aye
Mr. Weatherby aye
Adopted.
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Hearing no further business Mr. Weatherby moved, seconded by Mr. Scott to adjourn the
meeting. Unanimously approved, meeting adjourned at 9 : 35 p .m .
Respectfully submitted,
/��,ryry� f 6'
,( -
Marsha L. Georgia ' '` _ F -'
Ulysses Town Clerk
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