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HomeMy WebLinkAboutMinutes of the Special Board Meeting for SEQR and TOL sewer district February 24, 2010.pdf 1 Minutes of the Board of Trustees February 24, 2010 Village of Cayuga Heights Special Meeting of the Board of Trustees to Continue the SEQRA long form review for the Draft Deer Remediation Plan dated 9/21/09 and Any Other Business the Board Needs to Address Present: Mayor Gilmore, Trustees Andolina, Bors, Riesman, Supron and Szekely, Attorney Marcus, Chief Boyce, Clerk Manning Absent: Trustee Donner Others: Attorney Peter Grossman, Attorney Kristin Guttenberger, James LaVeck, Jenny Stein, Eric Huang ************************************************************************* The meeting was called to order at 9:20 AM by Mayor Gilmore, who introduced both Attorney Grossman and Guttenberger. The Mayor asked for a resolution to approve the minutes of February 5, 2010. Motion by Trustee Szekely Seconded by Trustee Supron Move to approve Resolution 6612 approving the minutes of February 5, 2010 as amended by Attorney Marcus. Mayor Gilmore, Trustees Andolina, Bors, Riesman, Supron and Szekely VOTED YES At this time, the Mayor called on Attorney Grossman, who gave a presentation on the proposed Warren Road Sewer District Extension. Atty. Grossman explained that the Town of Lansing formed a sewer district known as the town of Lansing Warren Road sewer District Extension, (the District) and is constructing, at its own cost and expense, a sewer collection system. The Town of Lansing is proposing to enter into an agreement with the Village of Lansing to connect the District sewer collection system to the Village of Lansing sewer collection system at approved locations for transportation of its wastewater to the Village of Cayuga Heights Wastewater Treatment Plant. The Town of Lansing is proposing to enter into an agreement with the Village of Cayuga Heights to receive, transport and treat wastewater from the District at the Village of Cayuga Heights WWTP and is proposing that the District would pay fees to the Village of Cayuga Heights and the Village of Lansing for the receipt, transportation and treatment of District wastewater. The Village of Cayuga Heights has unused capacity, and the Village of Cayuga Heights can restore revenue by using this capacity. Supt. Cross is comfortable with this and the WWTP has excess capacity to offer to the District due to the Kline Road diversion. There were questions from the Trustees, which were answered by Attorney Grossman who stated that the Village of Cayuga Heights has the right to alter our formula for rates built in to the agreement. After discussion on the wording of the proposed resolution, a change to item 3 was offered. 2 Motion by Trustee Szekely Seconded by Trustee Bors Move to approve Resolution 6613 approving the following resolution regarding the Town of Lansing Warren Road Sewer District Extension as follows: WHEREAS: A. The Village of Cayuga Heights has for many years operated a wastewater treatment plant and sewer collection system for the benefit of its property owners and residents; and B. The Village of Lansing owns and operates a sewer collection system for the benefit of its property owners and residents which system connects to the Village of Cayuga Heights system pursuant to separate agreements between the Village of Lansing and Village of Cayuga Heights for the receipt, transportation and treatment of wastewater from the Village of Lansing sewer system; and C. The Town of Lansing has formed a sewer district known as the “Town of Lansing Warren Road Sewer District Extension,” (the “District”) (i) is constructing, at its own cost and expense, a sewer collection system, including manholes, pump station(s) and other appurtenances within the District, (ii) is proposing to enter into an agreement with the Village of Lansing to connect the District sewer collection system to the Village of Lansing sewer collection system at approved location(s) for transportation of its wastewater to the Village of Cayuga Heights Wastewater Treatment Plant, (iii) is proposing to enter into an agreement with the Village of Cayuga Heights providing that the Village of Cayuga Heights will receive, transport and treat wastewater from the District at the Village of Cayuga Heights Wastewater Treatment Plant; and (iv) is proposing that the District would pay fees to the Village of Cayuga Heights and the Village of Lansing related to such agreements for the receipt, transportation and treatment of District wastewater; and D. The Village of Cayuga Heights, Village of Lansing and Town of Lansing (on behalf of the District), together with their respective engineering consultants and other parties deemed appropriate, have separately and jointly considered, evaluated and discussed additional arrangements and contractual terms pursuant to which the Village of Lansing would receive and transport wastewater from the District to the Village of Cayuga Heights sewer system, the Village of Cayuga Heights would receive, transport and treat wastewater from the District, and the District would pay fees to the Village of Cayuga Heights and the Village of Lansing related thereto; and E. The Village of Cayuga Heights believes that it has been and continues to be in the best interests of the Village of Cayuga Heights to accept wastewater from users outside of the Village of Cayuga Heights in order to more efficiently use existing unused capacity at the Village of Cayuga Heights Wastewater Treatment Plant and to derive revenue therefrom, and believes that it is in the best interests of the Village of Cayuga Heights, as well as the Village of Lansing and the Town of Lansing, to work together in their efforts to reach an agreement that will enable the parties to permit the Village of Cayuga Heights to receive, transport and treat wastewater from the District; and 3 F. The Village of Cayuga Heights also has recognized and continues to recognize that such intermunicipal agreements and cooperative efforts are provided for and encouraged under the laws and policies of the State of New York; and G. After extensive efforts, the Village of Cayuga Heights, Village of Lansing and Town of Lansing (on behalf of the District) have reached a tentative understanding as to the terms and provisions of a proposed new agreement, a copy of which proposed agreement (the “Proposed Agreement”) has been presented to the Village of Cayuga Heights Board of Trustees for its review and approval; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Village Board of Trustees hereby determines, pursuant to Part 617 of the Implementing Regulations pertaining to Article 8 of the Environmental Conservation Law (the State Environmental Quality Review Act [“SEQRA”]), that execution of the Proposed Agreement as provided for herein is a Type II action, constituting “routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment,” and thus may be processed without further regard to SEQRA; and 2. The Village Board of Trustees hereby approves the Proposed Agreement, a copy of which has been submitted to the Board and reviewed at this meeting; and 3. The Village Board of Trustees hereby authorizes the Mayor to execute such Proposed Agreement on behalf of the Village, in the form presented to the Village Board of Trustees, and to take such further action as may be necessary and appropriate to give full force and effect to this resolution. Mayor Gilmore, Trustees Andolina, Bors, Riesman, Supron and Szekely VOTED YES At this time, the meeting was turned over to Attorney Marcus who continued with the trustees through Part 3 of the SEQR long form. There were still questions that needed answers so SEQR is not yet complete. However, the conclusion is that there will most likely be a positive declaration. If the Board agrees to a positive declaration, Attorney Marcus distributed a “Determination of Significance – Positive Declaration” that will have to be filed with the DEC. The Board reviewed this form and made changes to it. Once the positive declaration is agreed on, the Village will move to the Environmental Impact Statement. The Board will take up SEQR again at the regular board meetings in March. Motion by Trustee Supron Seconded by Trustee Szekely Move to adjourn the SEQR meeting at 11:10 am. Mayor Gilmore, Trustees Andolina, Bors, Riesman, Supron and Szekely VOTED YES.