HomeMy WebLinkAboutResolutions Regarding Commencement of Legal Proceedings against TC regarding fees charged for regulatory services 3.20.2006.PDFRESOLUTION REGARDING COMMENCEMEIIT Of,' TEGAL PROCEEDINGS
AGAINST TOMPKINS COTINTY REGARDING FEES CHARGED F'OR
RX]GULATORY SERVICES
March 20,2006
WHEREAS, the Southem Cayuga Lake Intermunicipal Water Commission (the
"Commission") is charged fees by Tompkins Counf (the "County") for regulatory services
provided by the County's Health Department to assure water quality and the Commission's
conformance with applicable water quality and processing laws and regulations; and
WHEREAS, until2003 the annual fee charged for such services was $600; and
WHEREAS, the County unilaterally, without consultation with the Commission,
increased the fee charged in2004 to l[6730 and in 2005 to $7920, or more than 13 times the
amount charged in 2003; and
WHEREAS, other smaller water system operators pay fees as little as $120 per year; and
WHEREAS, the Commission has been advised that regulatory fees charged by a County
need to bear some correlation to the cost of the regulating activities; and
WHEREAS, the County has stated that formula for calculating its fee structwe is not
based upon the cost to the County of providing the services to each class of water system
operator, but rather upon the number of customers served by each water system operator; and
WHEREAS, the County's o\ m materials indicated that the cost of providing regulatory
services to the Commission is not anywhere near 66 times greater than the cost ofproviding the
service for a small operator, yet the fee charged the Commission is 66 tirnes more than the fee
charged smaller operators; and
WHEREAS, the Commission has met with County officials and the County Health
Deparffnent Board and expressed its concem with the fee structure and the illegality and
unfairness of the structure, and requested a change in the fees; and
WHEREAS, the County has, to date, refused to rectifiz the inequities and illegalities of
the fees being charged and does not show any evidence that it will, in the future, reduce the
inequities in its fee structure: and
and
WHEREAS, to date the Commission has refused to pay the charges assessed against it;
WHEREAS, if no action is taken by the Commission, the unpaid charges will continue to
accumulate and the Commission's ability to challenge such clnrges may become time barred; and
WHEREAS, because of the County's refusal to entertain changes to its fee structure, it
appears the only way for the Commission to rectift the situation is to seek a determination of a
court as to the legality of the charges assessed by the County; and
WHEREAS, the Commission has authorizedthe Conrmission's attorneys to commence a
legal proceeding against the County for relief from the Counly's fee structure; and
WHEREAS, if the fee structure is not altered, this mrmicipality will, through expense
deductions in the Commission's budget, be required to pay its proportionate share of such
improper regulatory fees;
NOW THEREFORE, IT IS RESOLVED, that this Board concurs with the Commission's
institution of a legal proceeding seeking the alteration of the County fee structure for
regulatory services performed by the County for the Commission and authorizes the
institution of such a proceeding; and, it is fi.nther
RESOLVED, that the Village of Cayuga Heights join in the suit as a petitioner-plaintiff
and authorizes the firm of Barney, Grossman, Dubow & Marcus to represent such
municipality in such proceeding; and it is further
RESOLVED, that this Board authorizes the Mayor to take such further actions, and to
sign, individually and on behalf of this municipalrty, emy affidavits, pleadings, or other
,fopaments deemed to be necessary or desirable to prosecute such legal proceeding and to
.Fff6rxe the intent of the foregoing resolutions.