HomeMy WebLinkAboutLetter from Susan H Brock Re. Legal Work for Town of Ithaca 3.2.2006.PDFTelephone: 607 -277 -3995
Facsimile: 607 -277 -8042
Supervisor Stephen Farkas
Town of Lansing
29 Auburn Rd.
Lansing, NY 14882
Mayor Donald Hartill
Village of Lansing
2405 N. Triphammer Rd.
Ithaca,NY 14850
\-/ Mayor Walter Lpn
Village of Cayuga Heights
836 Hanshaw Rd.
Ithaca,NY 14850
SUSAN H" tsROCK
Attorney at Law
306 East State Street, Suire 230
Ithaca, New York 14850
Marclr I,2006
E-mail : brock@clarityconnect. com
Re: Lesal Work for Town of Ithaca
Dear Supervisor Farkas, Mayor Hartill and Mayor Lynn:
As you know, I represent the Ithaca Area Wastewater llreatment Facility and also dolegal work for the Group of Six for certain intermunicipal sewer matters. The Town of Ithacahas now contracted with me to handle its legal work as tile attomey for the Town. The Group ofSix will need to decide in what capacity, if any, it wants me to continue to do legal work for it.
Because I have always represented the three IAWTF owners, my appointment as attorneyfor the Town of Ithaca may not change things from a conflict riunipolttt for the Village ofCayuga Heights and the Lansings for certain matters. For exampie, I could continue t<lrecommend changes to the pretreatment laws that your three rnunicipaiities need to adopt toassure they meet the U.S. Environmental Protection Agency's requirements. But I would beconflicted out of working on bilateral sewer agreements between the Town of Ithaca and anyother municipality in the Group of Six. For situations where there is a conflict, I would need torecuse myself and not work on such matters for either the Town of Ithaca or the Group of Six.
I am enclosing the most recent list of outstanding Group of Six projects. As the Group ofSix has not met since last summer, there may be s-ome projects lsuctr as the Kline Roaddiversion) that are completed and can be crossed off the list. This list nonetheless should helpyou identify which projects, if any, you want me to continue workins on.
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March I,2006
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I would be happy to meet with you or the Group of Six to discuss these matters and
answer any questions.
Sincerely,
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Susan Hajda Brock
Enclosure
cc: Mayor Carolyn Peterson
Supervisor Steven Trumbull
Supervisor Catherine Valentino
JANUARY t6,2004
REVISED APRIL 29.2005
AND MARCH 1.2006
OUTSTANDING TASKS TO IMPLEMENT
INTERMUNICIPAL WASTEWATER PROJECTS
The Intermunicipal Wastewater Agreement and service area expansions for the Village of
Cayuga Heights and Ithaca Area WWTPs are now in place. Various municipalities need
to undertake the following actions to fully implement the intermunicipal projects.
1 . Agreement between Town of Ithaca and Village of Cayuga Heights on reimbursement
of O&M costs by VCH for diverted flows to the IAWTP. (This likely will be part of the
overall agreement referenced in # 3 below between Town of Ithaca and VCH on the
Town's use of VCHWTP.)
2. Agreement among affected municipalities on who will perform and pay for flow
diversion work. (Village of Lansing is paying for Kline Road diversion; decision still
needs to be made about Remington Road.)
3. Agreements between VCH and the Lansings, Town of lthaca, and Town of Dryden to
treat wastewater at VCHWTP.
4. TASK COMPLETED
isaprev€men+s
@
5' VCH and IAWTP owners enter into plant-to-piant agreement. AGR-EEMENT SENT
TO PARTIES IN OCTOBER 2OO4 FOR APPROVAL AND SIGNATURE.
6. Construct Kline Road Diversion (was in progress as of last Group of 6 meeting).
7 . After the Kline Road diversion is complete, the Village of Cayuga Heights will lift its
limitation on sewer units for municipalities using the VCHWTp.
8. Revise sewer use laws for VCH and Lansings to make comparable to those adopted by
IAwrP owners. DRAFT LAws SENT To cRoup oF 6 ENGINEERS. MAyoRS
AND SUPERVISORS ON 6/13/05.
9. Enter into agreements for enforcement of pretreatment requirements for industrial
users whose flows are diverted from the VCH system into the IAWTp system. If
applicable, VCH and the Lansings can either delegate this enforcement authority to the
IAWTF owners, or they can enforce the limits themselves pursuant to agreement.
(EPA's guidance document on this issue has been previously given to the municipal
JANUARY 16,2004
REVISED APRIL 29,2005
AND MARCH 1.2006
engineers.) PRETREATMENT AGREEMENTS SENT TO PARTIES IN
JANUARY 2OO5 FOR APPROVAL AND SIGNATURE.
10. Agreement befween Town of Ithaca and Town of Dryden on Dryden's use of Town
of Ithaca's interceptors [anything else?].
11. Begin planning Remington Road diversion, which will include reconstruction of
Lake Street interceptor. Involved municipalities (Town of Ithaca, Town of Lansing,
?VCH?) need to include this project in their respective capital plan/sewer district budgets.