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Home My WebLink About2010 Town of Ulysses Water Monitoring System background DocsTown of Ithaca Department of Public Works To: Herb Engman, Town Supervisor Eric Levine, Town Board Member From: James Weber, Director of Public Works Re: Water Distribution System Allowable Leakage There have been a number of ideas relative to an accounting of the "lost water" in the system between the Town of Ithaca and the Town of Ulysses, including; • % based on the number of customers (taps) • 50/50 split - • %based on the length of distribution pipe in the system ( ^ /o The American Water Works Association, (AWWA), has developed standards, associated with different types of pipe, for Hydrostatic Testing AWWA C600-93. Although Hydrostatic Testing is usually performed as part of new water main acceptance, it can be applied to this situation. This method takes into account the length of pipe and the operating pressure and is represented by the equation: L = SD(P).5 7133,200 L - allowable leakage, in gallons per hour S - length of pipe, in feet D - nominal diameter of the pipe, in inches P - average test pressure This formula only addresses acceptable losses in the mains but does not address the any potential losses in the number of services, therefore assumed (using assumed working static pressures and length of pipe) losses for Ulysses and Ithaca are: 4(^,00$. TOU L 10 X (100).5 / 133,200 L = 22.52 gal/hr (multiply by 24 hrs/day X 90 days/qtr) JLoss = 48,643 gallons/qtr ( Zf f TOI L = 9,100 X 10 X (115).5 / 133,200 L = 7.33 gal/hr Loss = 15,824 gal/qtr Total loss = 2585605" gal/yr J ^ 6 This does not account for all of the loss that has been identified. Additional losses may be associated with the customer services, system maintenance/flushing, use of hydrants for bulk water sales and leaks that have gone un-noticed. The potential loss in hydrants can be tied to the inability to properly close a hydrant after use. Even though there is a meter to measure flows into the truck the hydrant must be closed and if not performed properly the hydrant will leak and there may not be any clues to indicate a problem. The reason for the lack of clues is based on the design principal of installing porous bedding to keep the water from settling around the base piping to avoid freezing. An improperly closed hydrant can lose hundreds of gallons per day. I would suggest that any agreement include the length of main as being the basis for the calculation. An even split of the loss does not make sense due to the length of main difference and basing on the number of customers has concerns due to the density within the Town of Ithaca vs the Town of Ulysses, less main in Ithaca to serve the same number of customers. Discussions on operation and maintenance of the system along with a detection program would help on reducing leaks. The Town of Ithaca is part of Bolton Point and therefore we are required to meet their rules and requirements and they also perform leaks surveys. The Town of Ulysses is a customer of the Town of Ithaca, so Bolton Point does not have any influence over the operations of the Town of Ulysses system and they do not provide the leak survey. I would suggest that the Town of Ulysses, at their cost, set up a leak survey program on the same schedule of Bolton Point. Should you have any questions or concerns with the information I have provided, please let me know. TOTAL GALLONS USED BY THE QUARTER d by Ithaca / BP minus total metered by Ulysses WD#3 (and 4) summary sent to RM by email from Marsha in 'unaccounted for Ulysses meter reading totals WD3 came on line i water" ** NOTE: Bolton Point / Ithaca quarterly meter readings araii Ulysses meters 1 ' total vs billed — • ** Ulysses Ulysses metered Towrt>ns difference (gal)°/o unaccounted YEAR Quarter end date Quarter total Gallons Quailoo -1,653,021 38 2004 8/31/2004 1,243,195 JOG -4,538,941 41- 11/30/2004 1,495,384 >00 -2,610,785 25 iOO -4^738^430 36 2005 2/28/2005 1,500,350 lOO -2,178,392 20 5/31/2005 1,399,489 .00 -2,357,612 20 8/31/2005 1,866,850 11/30/2005 1,691,670 iOO -1,005,528 17 )00 -1,707,036 18 2006 2/28/2006 1,934,500 )00 -1,814,496 15 5/31/2006 1,720,900 8/31/2006 2,050,600 11/30/2006 2,119,415 Sales to outside-district usen TOTAL gallons per year 2007 2/28/2007 2,069,950 )00 18,000 2006 5/31/2007 2,151,210 190 817,846 2007 8/31/2007 2,162,680 146 741,041 2008 ! 1/30/2007 2,115,330 )10 536,867 2009 )71 648,894 2010 2008 2/28/2008 2,104,350 )70 (through 11/3 5/31/2008 2,245,290 J55 8/31/2008 2,362,558 )00 1 ' 11/30/2008 2,224,510 )12 144 2009 2/28/2009 2,220,350 150 5/31/2009 2,293,680 8/31/2009 2,955,748 11/30/2009 2,132,710 ] 2010 2/28/2010 2,254,590 5/31/2010 2,497,382 8/31/2010 3,021,992 11/31/2010 2,459,440 2/22/2011 Jim Weber From: Susan Riha [sjr4@cornell.edu] Sent: Monday, April 12,-2010 11:21 AM To: Herb Engman Cc: Susan Jean Riha; Al Carvill; Jim Weber; Bill Goodman; E Levine; PLearyCpntact; RDepaoloContact; THunterContact; Susan Brock Subject: • Re: Agenda Item 22- Ulysses water meter Hi Herb: Wow, what a mess. I agree that we would want to stick with the current contract. I am concerned, perhaps unnecessarily, that actions we take now that run counter to the contract might somehow negate the contract or make it difficult to enforce it going forward. And as I understand the rationale for our town surcharge on Bolton Point water rates, it seems appropriate that we charge the Town of Ulysses at this rate. Susan Herb Engman wrote: > Susan, great analysis! You have hit upon one of the most frustrating aspects of this whole mess. There are records which show that "adjustments" were made by the Town of Ithaca from time-to-time in the accounting history, but it has proven impossible to get a clear story on what the adjustments were for. On the last bill we made an adjustment because there was a water leak which clearly was the responsibility of the Town of Ithaca. It is not apparent what caused previous adjustments. However, over the years there was a total of $45,633.21•subtracted from the ledger and $10,025.08 added for a net difference of $35,633.21. These changes were made by the Town of Ithaca so I left them out of the balance to be paid by the Town of Ulysses. I can bring a spreadsheet to tonight's meeting which shows these transactions. > > I don't think the Town" of Ithaca has a strong case for re-claiming these amounts because the Town willingly changed the accounting. As I have stated before, the Town apparently did not bill properly for years and contributed significantly to the current dilemma. > > None of this changes the current contract, which I have insisted on enforcing since the time I realized that there was an issue. Unraveling the past - which Al, Jim and I have tried mightily to do - has proven impossible. That is why the resolution merely states a recommendation on how to proceed. > ' > The contract could be renegotiated, which Ulysses wants to do, but I caution that negotiations can go both ways and I think we have a pretty good deal if we just enforce what we have in the future. As you can see from the spreadsheets I included in the TB packet, the Town of Ithaca makes out well when the contract is properly carried out. > > To answer Eric's question the rationale for charging Ulysses a lower rate is stated in Dan Walker's 2004 memo: "The Town of Ithaca rate to residential customers includes a factor for unaccounted for water, i.e. water used in hydrants and minor line losses. In consideration for thiS: factor the Town of Ithaca will bill the Town of Ulysses $3.00 per 1000 gallons of consumption as measured by the master meter adjusted for Town of Ithaca Customer use." The Town of Ithaca residential rate at the time was $3.20 per-thousand gallons of water. > > I am Ccing Jim on this so he is also up to date. > > Herb > > > Town Supervisor > Town of Ithaca > 215 North Tioga Street > Ithaca, NY 14850 > (607) 273-1721 Ext. 125 > > Original Message > From: Susan Riha [mailto:sjr4@cornell.edu] 1 Page 1 of 3 Jim Weber From: Eric Levine [elevinetown @ gmall.com] Sent: Monday, April 12, 2010 11:43 AM To: Herb Engman Cc: SRihaContact; Al Carvill; Jim Weber; Bill Goodman; PLearyContact; RDepaoloContact; THunterContact; Susan Brock Subject: Re: Agenda Item 22- Ulysses water meter What a disaster. A town staff person lowered the rate without any authority to do so, to compensate for loss of water. And the invoices, when they were eventually sent, were adjusted for loss of water as well. Sounds like some possible double dipping (adjusting both the rate and the metering), but more troubling is the lack of proof and analysis to back up any of this. But I'm not looking to dwell on the past mistakes. I have a primary goal for the future. That is that The Town of Ithaca is happy to cooperate so that Ulysses may purchase from our supply of potable water, but that cooperation does not include a subsidy from the Town of Ithaca tax payers. To that end, I am not saying the Town of Ithaca must realize a certain level of profit, or any profit at all. What I am saying is The Town of Ithaca needs not to lose money by selling water to Ulysses. It simply is not fair to Town of Ithaca residents for their tax dollars to be spent, when such funds would not have been spent but for the agreement to provide water to Ulysses. It seems to date, despite how poorly the water invoicing and collection has been handled, the Town is not in the red. However, The Town will cross over into the red if we agree to pay for half of a meter system, while Ulysses enjoyed those years of lower rates and mysterious metering adjustments. The Item #22 Resolution provides for the Town to pay up to $62,5(X) (for half the meter cost of up to $125,000), while receiving a portion of arrears totaling $21,254.46. That means the Town is out of pocket $41,245.54. That is Town of Ithaca money which would not be spent but for the provision of water to Ulysses. If we back out the $19,884.79 the Town received above Bolton Point pass through cost (our "profit"), the Town would actually be in the red $21,360.75. I think at a bare minimum. Ulysses should pay that $21,360.75 amount to keep The Town of Ithaca from losing money on this deal. And that $21,360.75 "profit" does not account for the other costs to the Town, such as staff time, consumables, wear and tear and maintenance. I am against the Town paying for what the contract clearly calls for Ulysses to pay, however, I can be convinced the Town should subsidize as I described - half the cost, less $21,360.75 which Ulysses should contribute to keep the Towns tax payers' funds out of the equation and keep the Town at net $0 to date. This is still a great deal for Ulysses, as the Town of Ithaca would be contributing way more than required by the contract, which requires the Town of Ithaca contribute $0. Eric On Mon, Apr 12, 2010 at 10:19 AM, Herb Engman <HEngman @town.ithaca.ny.us> wrote: Susan, great analysis! You have hit upon one of the most frustrating aspects of this whole mess. There are records which show that "adjustments" were made by the Town of Ithaca from time-to-time in the accounting history, but it has proven impossible to get a clear story on what the adjustments were for. On the last bill we made an adjustment because there was a water leak which clearly was the responsibility of the Town of Ithaca. It is not apparent what caused previous adjustments. However, over the years there was a total of $45,633.21 subtracted from the ledger and $10,025.08 added for a 4/12/2010 Jim Weber From: Herb Engman Sent: Monday, April 12,2010 10:20 AM To: SRIhaContact; A! Carvlll; Jim Weber Co: Bill Goodman; E Levine; PLearyContact; RDepaoloContact; THunterContact; Susan Brock Subject: RE: Agenda Item 22- Ulysses water meter Susan, great analysis! You have hit upon one of the most frustrating aspects of this whole mess. There are records which show that "adjustments" were made by the Town of Ithaca from time-to-time in the accounting history, but it has proven impossible to get a clear story on what the adjustment's were for. On the last bill we made an adjustment because there was a water leak which clearly was the responsibility of the Town of Ithaca. It is not apparent what caused previous adjustments. However, over the years there was a total of $45,633.21 subtracted from the ledger and $10,025.08 added for a net'difference of $35,633.21. These changes .were made by the Town of Ithaca so I left them out of the balance to be paid by the Town of Ulysses. I can bring a spreadsheet to tonight's meeting which shows' these transactions. I don't think the Town of Ithaca has a strong case for re-claiming these amounts because the Town'willingly changed the accounting. As I have stated before, the Town apparently did not bill properly for years and contributed significantly to the current dilemma. None of this changes the current contract, which I have insisted on enforcing since the time I realized that there was an issue. Unraveling the past - which Al, Jim and I have tried mightily to do - has proven impossible. That is why the resolution merely states a recommendation on how to proceed. The contract could be renegotiated, which Ulysses wants to do, but I caution that negotiations can go both ways and I think we have a pretty good deal if we just enforce what we have in the future. As you can see from the spreadsheets I included in the TB packet, the Town of Ithaca makes out well when the contract is properly carried out. To answer Eric's question the rationale for charging Ulysses a lower rate is stated in Dan Walker's 2004 memo: "The Town of Ithaca rate to residential customers includes a factor for unaccounted for water, i.e. water used in hydrants and minor line losses. In consideration for this factor the Town of Ithaca will bill the Town of Ulysses $3.00 per 1000 gallons of consumption as measured by the master meter adjusted for Town of Ithaca Customer use." The Town of Ithaca residential rate at the time was $3.20 per thousand gallons of water. I am Going Jim on this so he is also up to date. Herb I Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 Original Message From: Susan Riha [mailto:sjr4@cornell.edu] Sent: Sunday, April 11, 2010 6:21 PM To: Herb Engman; Al Carvill Cc: Bill Goodman; E Levine; PLearyContact; RDepaoloContact; THunterContact; Susan Brock Subject: Agenda Item 22- Ulysses water meter Hi Herb, Wanted to see if it is possible to clarify some issues before the Town Board meeting tomorrow in the interest of saving time at the meeting. I appreciate you forwarding the contract between. Ithaca and Ulysses that stipulates charges, etc. Also, thanks for the 1 spread sheet attached to Agenda item 22. I am attaching a spread sheet derived from yours with a few additional calculations. Based on what Ulysses has paid to date and what the Town of Ithaca was charging as per our contract for the metered water, my calculations indicate we are still owed (through 2009) $61,512 (cell H8), assuming no interest charges. Even if we agreed that Ulysses only had to pay a reduced rate of-$3 per thousand gallons of metered water from the beginning of the contract until you took office, my calculations indicate that Ulysses would still owe us $49, 945 (cell H7). From what you have indicated, Ulysses is claiming that there.were significant leaks in the water lines between the meter at the pump station (in the Town of Ithaca) and where the water lines enter Ulysses, and therefore they were being charged for water that never entered Ulysses? I estimated how much water that Ulysses calculated was leaking on the Ithaca side, based on their payments. These calculations are a little crude, because the Ulysses payments were sporadic, and over the last three years the rates were changing. However, breaking this into two time periods and assuming that they were paying at the • reduced rate until you took office, their payments suggest they concluded that 15,175,714 gallons of water were "leaked" in Ithaca (cell B35) over the period 2004-2009. This is 24% of the water leaving the pump station at Ithaca and seems, extraordinary. You indicate in the Resolution that Ulysses now has an unpaid balance of $21,254. Is this for the period 2004-2009 (exclusive of any money they owe for 2010)? If so, Ulysses would presumably be asserting that between 8.8 to 10 million gallons of water metered at the pump station was lost in Ithaca over this period (cells B35 and B38) or between 14 and 16% of all the water leaving the pump station. If it' is really the case that all this water is being lost in Ithaca water pipes, then we need to repair those pipes. Paying for a two way pump station will not accomplish these repairs, and therefore it seems like we need to also consider the potential cost of these repairs. It would be useful to understand how the Town of Ulysses determined that so much water is being lost on the Ithaca side. Presumably, Ulysses had to estimate the likelihood of leaks in its own pipes, and any unmetered uses of water, to determine the surcharge they needed to add to their metered uses to collect sufficient revenue to pay the Town of Ithaca. Did they do this and, if so, were these estimates reasonable? It would be useful to.know what rates were being charged to Ulysses metered users over this time, .to get a sense of how much water they assumed was being "lost" in Ulysses relative to what they are attributing is leaking in Ithaca. Basically, I am trying to \anderstand why it is the case that Ulysses doesn't owe us at least another $28,691, assuming the $21,254 is for the 2004-2009 unpaid balance. Also, my reading of the contract indicated that Ulysses agreed to pay for water at the Town of Ithaca rate and based on the metered water at the pump station. Does this resolution change the terms of the contract? If so, does this have to be explicitly included in a resolution about this issue? Will we need to negotiate a new contract or amend the existing contract'to deal with the issue of a two way meter? Susan TOWN OF ULYSSES 10 Elm Street Trumansburg, NY 14886 (607) 387-5767 Fax (607) 387-5843 July 27,2010 To: The Town of Ithaca From: Doug Austic, Town of Ulysses Water Distribution and Maintenance Operator Re: Water District # 3 Leak CC: Roxanne Marino, Town of Ulysses Supervisor A service line leak was discovered by a contractor at 1600 Trumansburg Road on June 9, 2010. Due to the specific DSNY regulations, we were unable to repair the leak until June 15*''. It first appeared that this was a fairly substantial leak at the curb stop from sounding devices. However, during the repair process the extent of the leak became more evident. The original home connection was completed in the spring of 2005, and since I personally inspected the connection, I know that the line was not leaking at that time. There was no evidence of water surfacing near the stop or the ditch. Upon excavation it was found that a small hole (approximately 3/16 inch diameter) had eroded in the Va inch copper service line at the junction with the curb stop. The pressure in this area fluctuates between 75 and lOOpsi depending upon the level of water in the tank. The soil around the leak repair was not noted to be as saturated as one might expect with a water leak, which would explain the lack of surface water at the site. The leak was repaired and data on water usage has been recorded for about a month since the repair, by checking the master meter readings each pump cycle and tank levels daily. To date, there has not been a noticeable decrease in usage since the repair. In fact, there has been an increase, probably due to the weather and the use of water for outside purposes. It would take years for water to erode a hole in the supply line of this size. It is impossible to determine just when this may have occurred, probably a gradual process, or why it happened. sent to RM by email In WORn .07-in ^ came on liHe to^h anaNOW. Baton ** Ulysses da te Ulysses metered Town of Ithaca S£i5iL®@^ YEAR S££d:?n..?£d date8/31/04 1,243,195 11/30/04 1,495,384 2/28/05 1,500,350 5/31/05 1,399,489 8/31/05 1,866,850 11/30/05 1,691,670 2006 2/28/06 5/31706 1,934,500 1,720,900 8/31/06 2,050,600 2;iT9"4i511/30/06 2007 2/28/07 2,069,950 5/31/07 2,151,210 8/31/07 2,162,680 11/30/07 2,115,330 2008 2/28/08 5/31708 2,104,350 8/31/08 11/30/08 2,224,510 2,655,000 11/15/08 2/28/09 2,220,350 2,581,700 2/15/095/31/09 2,293,680 2,989,500 5/15/098/31/09 2,955,748 3,285,600 8/16/0911/30/09 2,132,710 3,103,301 11/15/09 2010 2/28/10 2,752.000 2/15/10 57i57To 5/31/10 497.382 7/28/10 WD3 Ulysses meter quarterly 2004 to 2010 RM.xIs Appendix A - Hydrostatic Testing APPENDIX A SECTION 4: HYDROSTATIC TESTING EXCERPTED FROM AWWA C600-93 AWWA STANDARD FOR INSTALLATION OF DUCTILE-IRON WATER MAINS AND THEIR APPURTENANCES AMERICAN NATIONAL STANDARD Effective date: Apr. I, 1994. First edition approved by A WWA Board of Directors May 8, 1977. This edition approved June 6, 1993. Approved by American National Standards Institute Feb. 9, 1994. AMERICAN WATER WORKS ASSOCIATION 6666 West Quincy Avenue, Denver, Colorado 80235 Branson West Design Standardsfor Public Improvements A-1 Appendix A - Hydrostatic Testing SECTION 4; HYDROSTATIC TESTING WARNING: The testing methods described in this section are specific for water-pressure testing. These procedures should not be applied for air-pressure testing because of the serious safety hazards involved. Sec. 4.1 Pressure and Leakage Test 4.1.1 Test restrictions. 4.1.1.1 Test pressure shall not be less than 1.25 times the working pressure at the highest point along the test section. 4.1.1.2 Test pressure shall not exceed pipe or thrust-restraint design pressures. 4.1.1.3 The hydrostatic test shall be of at least a 2-h duration. 4.1.1.4 Test pressure shall not vary by more than ± 5 psi (34.5 kPa) for the duration of the test. 4.1.1.5 Valves shall not be operated in either direction at a differential pressure exceeding the rated valve working pressure. Use of a test pressure greater than the rated valve pressure can result in trapped test pressure between the gates of a double-disc gate valve. For tests at these pressures, the test setup should include a provision, independent of the valve, to reduce the line pressure to the rated valve pressure on completion of the test. The valve can then be opened enough to equalize the trapped pressure with the line pressure, or fully opened if desired. 4.1.1.6 The test pressure shall not exceed the rated pressure of the valves when the pressure boundary of the test section includes closed, resilient-seated gate valves or butterfly valves. 4.1.2 Pressurization. After the pipe has been laid, all newly laid pipe or any valved section thereof shall be subjected to a hydrostatic pressure of at least 1.5 times the working pressure at the point of testing. Each valved section of pipe shall be slowly filled with water, and the specified test pressure (based on the elevation of the lowest point of the line or section under test and corrected to the elevation of the test gauge) shall be applied by means of a pump connected to the pipe. Valves shall not be operated in either the opening or closing direction at differential pressures above the rated pressure. It is good practice to allow the system to stabilize at the test pressure before conducting the leakage test. 4.1.3 Air removal. Before applying the specified test pressure, air shall be expelled completely from the section of piping under test. If permanent air vents are not located at all high points, corporation cocks shall be installed at such points so that the air can be expelled as the line is filled with water. Afier all the air has been A-2 Branson West Design Standards for Piiblic Improvements Appendix A - Hydrostatic Testing expelled, the corporation cocks shall be closed and the test pressure applied. At the conclusion of the pressure test, the corporation cocks shall be removed and plugged or left in place as required by the specifications. 4.1.4 Examination. All exposed pipe, fittings, valves, hydrants, and joints shall be examined carefully during the test. Any damage or defective pipe, fittings, valves, hydrants, or joints that are discovered following the pressure test shall be repaired or replaced with sound material, and the test shall be repeated until satisfactory results are obtained. 4.1.5 Leakage defined. Leakage shall be defined as the quantity of water that must be supplied into the newly laid pipe or any valved section thereof to maintain pressure within 5 psi (34.5 kPa) of the specified test pressure after the pipe has been filled with water and the air has been expelled. Leakage shall not be measured by a drop in pressure in a test section over a period of time. 4.1.6 Allowable leakage. No pipe installation will be accepted if the leakage is greater than that determined by the following formula; In inch-pound units: sd-Ip 1 = 133,200 Where: L = allowable leakage, in gallons per hour S = length of pipe tested, in feet D = nominal diameter of the pipe, in inches P = average test pressure during the leakage test, in pounds per square inch (gauge) In metric units: sd/p Lm 715,317 Where: Lm = allowable leakage, in litres per hour S = length of pipe tested, in metres D - nominal diameter of the pipe, in millimetres P = average test pressure during the leakage test, in kPa These formulas are based on an allowable leakage of 11.65 gpd/mi/in. (1.079 L/day/km/mm) of nominal diameter at a pressure of 150 psi (1034 kPa). Branson West Design Standards for Public Improvements A-3 Appendix A-Hydrostatic Testing 4.1.6.1 Allowable leakage at various pressures is shown in Tables 6A and 6B. 4.1.6.2 When testing against closed metal-seated valves, an additional leakage per closed valve of 0.0078 gal/h/in. (1.2 mL/h/mm) of nominal valve size shall be allowed. 4.1.6.3 When hydrants are in the test section, the test shall be made against the main valve in the hydrant. 4.1.7 Acceptance of installation. Acceptance shall be determined on the basis of allowable leakage. If any test of laid pipe discloses leakage greater than that specified in Sec. 4.1.6, repairs or replacements shall be accomplished in accordance with the specifications. 4.1.7.1 All visible leaks are to be repaired regardless of the amount of leakage. 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'• • • ^ • V•• ;••■-; •._, TOWN OF ULYSSES 10 Elm Street Trumansburgy NY 14886 (607) 387-3767 Fax (607) 387-5843 May 24,2010 Herb Engman, Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 Dear Herb, I am writing on behalf of the Town of Ulysses to confirm the oral agreement between former Supervisor Doug Austic and Ithaca Town Engineer Dan Walker, that the sale of water from the line-end hydrants in the Town of Ulysses Water District #3 to users outside the district is allowable. Mr. Walker and Mr. Austic previously agreed that such sale of water to outside users was an appropriate and economical means of maintaining chlorine residuals in the terminal areas of the WD#3 distribution system. The Town of Ulysses has been selling metered water from a line-end hydrant (primarily to a local water hauler for third-party resale) as per the above agreement for several years. The Water Service Agreement between the Town of Ithaca and the Town of Ulysses (October 30'^', 2003) which outlines the terms by which Ithaca agrees to sell and furnish water to Ulysses for Water District #3, requires in clausel6(J) that Ithaca and the SCLWC approve the terms of any resale of Ulysses supply of water to third party customers outside the bounds of WD#3 in writing. Thus, the Town of Ulysses is hereby requesting that the previous oral agreement with the Town of Ithaca to allow such water resale be continued, and confirmed in writing according to mutually agreeable terms. The Ulysses Town Board has drafted a Water Sale Agreement to be used by the Town of Ulysses and any outside-district customer specifying the conditions of water sale, in the event that the Town of Ithaca approves in writing this request to allow resale of water from the SCLWC facilities to third party customers outside the bounds of Ulysses WD#3. 1 am enclosing the draft agreement for review and comment by the Town of Ithaca, Please let me know if you need any more information, and I will look forward to hearing from you soon. Best regards, Roxanne Marino Ulysses Town Supervisor CC: Ulysses Town Board; Doug Austic (WMDO); Marsha Georgia (Town Clerk) Enc. 1 WATER SALE AGREE^NT THIS AGREEMENT is made as of the day of , by and between the TOWN OF ULYSSES, a municipal corporation with offices at 10 Elm Street, Trumansburg, NY 14886 (hereafter referred to as "the Town") and [name], of [address], hereafter referred to as "the Customer". WHEREAS, the Town has water available for sale in Water District 3 of the Town; and WHEREAS, the Town by resolution dated determined that, in order to protect the health, safety and welfare of Town residents, no water sold by the Town of Ulysses shall be used for any purposes related to gas drilling, hydroffacturing or any related purposes; WHEREAS, the Customer wishes to purchase water from the Town; NOW, THEREFORE, in consideration of the promises and the mutual covenants herein set forth and agreed upon, the parties agree as follows: 1. The Town hereby agrees to sell and furnish to the Customer water from Water District 3. 2. The water will be furnished to the Customer as follows: [circle one] a. The Customer will access the water at a designated metered hydrant, which is locked and is accessible only by the Customer; or b. Upon prior arrangement with the Administrator of the Water District. 3. The Customer agrees that none ofthe water purchased pursuant to this Agreement will be used for any purposes related to gas drilling, hydrofixicturing or any related purposes. Any violation ofthis provision will result in the immediate termination of this Agreement by the Town. 4. The rate for the water purchase pursuant to this Agreement will be established by resolution of the Town Board from time to time. 5. The Customer will receive no more than 40,000 gallons of water per day, unless a larger volume is approved by resolution of the Town Board. 6. The Customer will receive a bill from the Town on a monthly basis, unless a monthly bill amounts to less than $20.00, in which case billing will be done on a quarterly basis. All bills are due and payable within 30 days after receipt thereof. There will be a late fee of 20% of the amount due for all payments not received by the due date. Upon the customer's failure to pay a bill by the due date, the Town, at Its option, may terminate this Agreement. 7. In addition to termination of this Agreement by the Town pursuant to paragraphs 3 and 6 above, the Town may terminate this Agreement at any time upon 10 days' notice to the Customer. Vfysses\WaterSaie.Agr 5/12/10 I IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as ofthe date set forth below. TOWN OF ULYSSES By; Date: Town Supervisor Date: Customer Ulysses\iyaterSale.Agr 5/12/10 Ulysses, Town of Ithaca enter talks on water-bill discrepancy | theithacajournal.com | The... Page 1 of 1 ithacajournal com Ulysses, Town of Ithaca enter talks on water-bill discrepancy New water monitoring station to be discussed By Aaron Munzer •Correspondent • April 28, 2010,8:05 pm ULYSSES ~ The Ulysses Town Board plans to meet with the Ithaca Town Board in the coming meets in an effort to resolve a dispute over how much each side should pay for a $125,000 water monitoring station nn or even if it should be built at all. Each side will bring a team to the table composed of board members and water maintenance professionals to discuss a contentious issue revolving around this question: Who owes, and how much? The monitoring station was proposed because Ulysses buys its water from the Town of Ithaca, and the two municipalities have disputed a 13 to 18 percent - $6,500 per year -- discrepancy in the amount of water Ulysses homes and businesses use, and the amount of water Ithaca says it pumps to the area, caused by a leak in an unknown area of the two systems. The Town of Ithaca has suggested that if Ulysses pays back approximately $21,000 in back-owed water fees -- which Ulysses disputes - it will put forward $41,000 toward the cost of the new monitoring system. This would put Ulysses residents and members of Water District 3 on the hook for more than $100,000 of the project's cost. Ulysses Town Supervisor Roxanne Marino told the board that Ithaca is following their mutually agreed upon contract for billing, which gives Ulysses little room to negotiate -- but she still wants to meet with the other board. "(Town of Ithaca Supervisor Herb Engman) told me the board feels like their offer is generous, so we would go in and explain why we feel differently," Marino said. Board member David Kerness said it hasn't been proven where the leak in the system is that's causing all the trouble, so Ulysses shouldn't have to pay backdated fees unless a monitoring station finds the town's water system at fault, not Ithaca's. "I don't know how I could agree to pay them (the backdated fees) until we know where the problem is," he said. Marino said ultimately, the board needs to decide how much they want a monitoring station -- and if it's even worthwhile, given that the results could come back against Ulysses. "Even if we decide it's an expense that's not worthwhile, we still need to discuss with Ithaca how to deal with the backdated fees," she said. Advertisement Kodak IF YOU'RE NOT PRINTING ON A KODAK ESP ALL-IN-ONE PRINTER, CHANCES ARE YOU'RE PAYING TOO MUCH FOR INK. FIND OUT HOW MUCH YOU'RE OVERPAYING FOR INK AT PRINT AND PROSPER.COM Print Powered By (IHI FormatPynamics"] http://www.theithacajouraal.corn/article/20100428/NEWS01/4280384/Ulysses++Town+of... 4/29/2010 S/€7/o /; So vA—y Vli fi t-t ^ ^Li s f S.—T'- — -t ■7 JJ^ Uju A-)k.dL£/S=fi=:fe^4:_^£r!rr —Cv-=Ljki~==L »-<.. <:,si,-»^v-X-.^_^ - ? fi-«—\-t.>,-t j^ r^>^X - LAj*=.'^i-Q-.^Jr- L.^ ^Q X- . -i—s—-<''>'—q7 I V-;* '..S; .-^ t .•■'■ • •!- v> • ?: ■ '^'- 7- "'• '■ ^=. • -■: vl-V •^- •■•" t. . fi. ^ ' y- ,,,.. ' .-J^ • .. .-^.•■> • - •' ■ ^ >: ' - ' _. .,-VV^■i ■ ^v. -;-;- -y-k: pf^\^.-," -■ -i ,.^ ■ ; 1 i'i 3C JS£L^ - il • * ,i^'" ■■ . ^ :■ ■ -"^ .'' ■'■ - - - ■ ' ^ " ■■■'-■ ^! 1 ■m;-, ■;;-V- •'- ■ r !! ii!^" ■ ' ' .-' A*" '.. >■%:,•" iV •■ '.-• , j .t ' .. (i • ■£ \< r-^'* . •• •• • * 6r J * ' ' - .' • •• ^-, : . . - -. '•■.•.'*• i ! - s. .4,- M.:-"•" " -••• r- -y ■ ► , f .if*'- :" i-'*" ' ■ - '■■ - ■ - 1 ■ i- - ^'"-■> ' :.i li ■ 4- »'' -T-r ''r- ■'4^ ■► T-^-r-^. 1#—•;.'. ".i"".-.'".ir—^.i.-w- /,-, ,'• A --~ r'- •• 2.'. -':! ■- •c-«' '« ^ ==-^ V ?r-.-J^' -- lit- i::- ^ ■-:-m ■" ' • •^--._.' ■ - *• '.•i* -»?«>■• http;//www.theithacajournal.com/article/2010031 l/NEWSOl/3110404AJlysses board addr... Page 1 of 2 ithacajournal.com Ulysses board addresses water, health issues By Aaron Munzer •Correspondent • March 11, 2010, 7:25 pm The Ulysses Town Board Is seeking a solution to a discrepancy in its water bill. An unknown water leak previously prompted the board to hold discussions with the Town of Ithaca, Ulysses' water supplier, because of a 13 to 18 percent - $6,500 per year-- discrepancy in the amount of water Ulysses homes and businesses use, and the amount of water Ithaca says it pumps to the area. The two municipalities have tentatively agreed to install an additional meter, at a cost of approximately $125,000, or $62,500 per town. Supervisor Roxanne fvlarino said the meter would be paid back in 10 years, assuming the leak was found to be on Ithaca's side of the water system. However, if the fault was found to be with Ulysses' system, the town would be responsible for paying Ithaca around $33,000 in back-dated fees that are in dispute. Board member Kevin Romer was hesitant on the idea, saying, "I think that you're going to spend $62,500 to find out you owe them more money." Board member David Kerness motioned to remove all the backdated penalties as part of the metering agreement, and also wanted to try to renegotiate a better water rate from Ithaca, but couldn't find support for his idea. Town attorney Mariette Geldenhuys told him that Ulysses has no bargaining power, because Ithaca is the supplier, so his idea would most likely not work, considering the town has no leverage over Ithaca in rate negotiations. The board decided to suggest that with the agreement to build the meter, Ithaca should drop a number of water bill late fees on bills Ulysses said it never received. Marino voted nay, saying the two issues should be separate. In other matters Tuesday: * The board authorized the supervisor to sign a cross-municipality agreement to create a Tompkins County Health Care Consortium to bargain with insurance companies for better rates, which should save taxpayers money, Marino said. * Ithaca Carshare is looking to purchase a truck to be parked in the Ulysses area, and recently held a "poorly attended" meeting to gauge interest, board member Lucia Tyler told the board. She thinks a truck share could still work in Ulysses, but said the organization would require a time commitment from Ulysses residents to use the truck at least 49 hours a week to make economic sense. Tyler believes resident interest is high enough, however. She said a casual user's plan costs $50 a year, plus $7.95 per hour, or a regular user's plan costs $200 a year, at $4.95 an hour. The board will continue to look for community input and look for interest at local events this spring. * Deputy Supervisor Sue Poelvoorde updated the board on agricultural land protection plans, saying a survey was sent to large landowners, who may be tempted to sell farm land to developers. Poelvoorde pointed out that the area is unusual because most farmers rent their land, as opposed to areas where farmers own land, which makes the Advertisement Kodak IF YOU'RE NOT PRINTING ON A KODAK ESP ALL-IN-ONE PRINTER, CHANCES ARE YOU'RE PAYING TOO MUCH FOR INK. FIND OUT HOW MUCH YOU'RE OVERPAYING FOR INK AT PRINTANDPROSPER.COM Print Powered By OBTf-onriatDyn^icsO http://www.theithacajournal.com/fdcp/71268394677484 3/12/2010 Ulysses seeks site for $125,000 water-monitoring station | theithacajoumal.com | The Itha... Page I of 2 FREE 7 DAY TRIAL Get all the information and resources you need to follow the plan entirely onKnel Mobile IRSSI Txt Alrts [ Email | fwmer | F-Bi E-Ea<tion ♦nil • .com SIGN UP NOW *^\\^ightN^Aitchers* Onine stt>0 Dtettig SCdrC living Jobs I Cars | Homes | Apartments j ClassKieOs | Celebratloits j Dating | Deals j Place an Ad SPONSORED BY; Find what you are looking for...careerMiiLw HOME NEWS SPORTS BUSINESS VIEWPdNTS UFE FAMILY ENTERTAINMENT OBfniARIES PHOTOS WEATHER BUY/SELL CUSTOMER SERVICE Dally Email Bloga Schoola Photos Videos Forurrts State News Natton/Wortd Archives Good News Oet Published Comment, Blog & Share Photos 'ri I Become a member | Search people Per Week lor Weahertd Home Delivery*I Subecribe Now and Snel COURTYARD ^tMimell IT'S A NEW STAY Ulysses seeks site for $125,000 water-monitoring station Move tied to dispute with Town of Ithaca BY AARON MUNZER •CORRESPONDENT • JUNE 24, 2010, 7:45 PM Commertls(0) Recommend PtiM ihis page E-mail this article Share Type Size A A A ULYSSES - The town board decided to look lor availatHe property where it could potenti^ly build a S125,000 water-monitoring system to pinpoint a leak that currently costs the residents of Water District 3 approximately $11,000 per year. ITie ttoard Wednesday night instructed Doug Austic, the town's water maintenance operator, to fi nd a surtatile property for a monitoring buikfing by the board's next meeting, July 13. The proposed monitoring station is the latest step on the path to resolving an ongoing dispute over a 2.5-mlillon-gallon-per-year leak In an unknown area ot the Ithaca^or Ulysses water system. Since the creation of the water district in 2004, which buys water from the Town of Ithaca, ttie two municipalities have disputed a 25 percent discrepancy between the amount water Ulysses homes and businesses use and the amount of water Ithaca says it pumps to the area. Supervisor Roxanne Marino said that while residents on the water advisory committee for Water District 3 may support the monitoring station to resolve the issue, there may be ways to move forward that gggt .less money, such as hiring a company to identify the leaks, v/hich other re sidents would like to consider. In addition, she added, if the leak is found to be on Ulysses' side of the system, residents would stIR be responsible for both the cost of the monitoring system and the cost of the leaking water. Marino said she wanted to make it clear that the board has the financial interests of residents at heart, after former supervisor and Water District 3 resident Dick Coogan told the board that residents he talked to thought the board was just interested in writing checks to the Town of Ithaca and did not have the best interests of residents in mind. Ihings seem to be blown way out of proportion,' she said. 'The Idea that the town doesnl care about (residents') fln^dal interests is absolutely not true.* Ithaca has suggested that if Ulysses pays back approximately $33,500 in back-owed water fees and penalties - which Ulysses disputes, but are legal according tea billing contract -- it will put forward $41,000 the BBY ard.* i □ FOUR SEASONS. _rj S U N R O OM S'C.\KSOJS[ (607)272-8866" carsondesignra gmail.cum More Local News Headlines Storms, heavy rain possible Safe boating dass at coast guard tadlity Data; Examine putilic worker, schod payrolls in Ithaca region ADS BY PULSE 360 Get Listed Here Syracuse Refinance: 4.0% FIXED! $160,000 Mortgage; $633/mo. No SSN req. No Credit Checks. FREE Quotes! www.LendGo.com "Six Sigma" Certification Classes Start Monthly-100% Online-From Vlilanova www.VillanovaU.com Debt Stimulus Help ©New Laws All You To Remove Up To 75% Of Your Debt. Register Nowl® DebtStimulus.US Most Recommended Articles Police; Fire at Ithaca officer's home was arson (27) Supporters pitch in to clean officer's burned home site (21) For Lansing family, blessings come in twos (19) Common Coundl condemns arson at Bangs' home (9) Dog trapped In hot car honks to alert owner (7) Most Commented Articles Fire damages house of Ithaca Police Department officer involved in Greenwood shooting; mayor pledges investigation (321) Fire at officer's home ruled arson (90) http://www.theithacajournal.com/apps/pbcs.dll/article?AID=20106240399 7/16/2010 Ulysses seeks site for $125,000 water-monitoring station | theithacajournal.com | The Itha... Page 2 of 2 3 i toward the cost of the new monitoring system. It agreed to, that would put Ulysses residents and members of Water District 3 on the hook for most of the project's cost, even though the monitoring station is being considered to discover which municipality is at fault in the situation. But Marino said Ifs too early to even begin talking about concrete actions •• the board is still In the discussion stages, both Internally and with the town of Ithaca, and when action is to be taken, there will tw a public meeting to get their Input.' Police: Fire at Ithaca officer's home was arson (85) Climl>er dies after Six Mile Creek gorge fall (58) Woman accusing police of abuse addresses Ithaca lawmakers (71) In Your Voice | read reactions to this story Newest first | You must be logged in to leave a comment. Login | Register lOOOcharacters left Submit Evefy 70 seconds another person develops Alzheimer's, offecting 5.3 million Americons. Partners; Jol>s: CareerBuilder.com Care: Care.com Apartments: Apartments.com Shopping; SlwpLocal.com Homes: Homeflmler.com Home I News | Sports | Busir>ess j Viewpoints j Life i Family j Entertainment j Obituaries | Photos | Weather | Buy/Sell j Customer Servica j Site Map Terms of Service | Privacy Policy j Contact Us j Work for Us | Subscribe GANNETT NEW YORK NETWORK: Binghamlon | Elmira j ttheca | Poughkaapsia j Rochester | Westcheeter | WGRZ-TV, Buffalo CopyrlgW©2010The Ithaca Journal Use ot this site slgnlflas your agreement to the Terms ol Service and Privacy Policy, updated March 2009. http://www.theithacajoumal.com/apps/pbcs.dll/article?AID=20106240399 7/16/2010 .Ulysses may hire leak detection company for water system | theithacajournal.com | The It... Page 1 of 2 GR ALWAYSlN S MoMs I RSSI Txt Alrts | &nail | Twitter | I-S{ b-£ai(ion Jobs I Cars | Homes | Apartments f Classifieds | Celebrations | Dating | Deals | Place an Ad SPONSORED BY: Find what you are looking for...careerkUetwl HOWE NEWS SPORTS BUSINESS VfEWPOIWTS UFE FAMILY EWTERTArNMEWT OBfTUARIES PHOTOS WEATHER BUY/SELL CUSTOMER SERVICE Deity Email Blogs Scltoota Plwtoa Wdeos Forums State News NatlorVWortd Archives Good Nam Gat PuMlstied SI Comment, Blog & Share Photos Log in I Become a member j Search people SI Far Waali for WaaMnd Home DaHvary* n Subacriba Mew artd Saaai Ulysses may hire leak detection company for water system Target is discrepancy between use and amount pumped BY AARON MUNZER •CORRESPONDENT • JULY t4, 2010, 8:25 PM Comments(O) Recommend! i) Print this page E-mall this article Share Type Size A AA ULYSSES - Supervisor Roxanne Marino told the town board Tuesday night that Ulysses may hire Syracuse- based company New York Leak Detection Services to test the town's 9 miles of water pipe for a possible leak. Ads by AC*)ldCJpr™ Shocking discovery by Cambridge Researchers for amazing joint reiiei... Top 3 antt-wrinkfe creams of 2010. Reduce wrinkles and fine lines without injections. Who's #1? New state credit laws allow consumers to legally reduce debt up to 60% Shocking discovery by Cambridge Researcher's for amazing joint relief... Doctors say this common ingredient strips hair of color and softness. Find natural alternatives. Are electronic cigarettes healthier for you? Can you really smoke indoors? We Report... V Add Your Link Here! Marino said Doug Austic, the town's water maintenance supervisor, had received a veibal quote from the company that the leak detection would cost S2,500. *The idea is fliat we could iind out it there are significant leaks in the system,' Marino said. "There seems to be agreement that it's a good idea to look for leaks.' if the company is hired, and if they find leaks and can fix them, the issue of whether to pay for and buikj a $125,000 water monitoring station to resolve a dispute between Ulysses and the Town of Ithaca over responsibility for an unknown leak might be one step closer to resolution. However, Marino suggested that even If leaks are found, that would not end the dispute over approximately $33,500 In backiogged water fees and penalties Ithaca officials says Ulysses owes. Since the creation of Water District Three in 2004, which buys water from the Town of Ithaca, the two munidpalrties have disputed a 25 percent (fscrepancy - w^ich costs district residents $11,000 per year ~ between the amount of water Ulysses homes and businesses use and the amount of water Ithaca says it pumps to the area, caused by a leak in an unknown area of the two systems. Marino said the board will present costs of a water-monitoring system and the leak-detection services at the board's next meetirtg July 29. In other business: ' Marino noted that the town would soon have to consider constructing a fireworks permittirtg system after the state handed down that resporrsibility to local government, but she said Town of Ithaca Supervisor Herb Engman had offered to help by sencfing Ulysses Ithaca's template law when It was completed. ' Deputy Supervisor Sue Poeivoorde also said at the meeting she hoped that more residents would volunteer HANDWORK Ithaca's Cottpcrative Craft Store 11 More Local News Headlines Storms, heavy rain possible Safe boating class at coast guard facility Data: Examine put)lic worker, school payrolls in tttiaca region ADS BY PULSE 360 Gel Usied Hera Syracuse Refinance; 4.0% FIXED! $160,OCX) Mortgage: $633/mo. No SSN req. No Credit Checks. FREE Quotes! www.LendGo.com "Six Sigma" Certification Classes Start Monthly-100% Online-Fiom Vlllanova www.VillanovaU.com Debt Stimulus Help ©New Laws All You To Remove Up To 75% Of Your Debt. Register Now!® DebtStimulus US Most Recommended Articles Police: Fire at Ithaca officer's home was arson (27) Supporters pitch in to clean officer's burned home site (21) For Lansing family, blessings come in twos (19) Common Council condemns arson at Bangs' home (9) Dog trapped in hot car honks to alert owrar (7) Most Commented Articles Fire damages house of Ithaca Police Department officer involved in Greenwood shooting: mayor pledges investigation (321) http://www.theithacajournal.com/apps/pbcs.dIl/ariicle?AID=20107140375 7/16/2010 f Ulysses may hire leak detection company for water system [ theithacajoumal.com | The It... Page 2 of 2 Fire at officer's home ruled arson (90) on gas drilling issues, either by joining a committee, attending meetings, or researching how to deal with the effects of gas driiiing. Ulysses and other towns are considering how to craft laws to force drilling companies to adftere to local regiialions and pay for damage to Infrastructure. Climber dies after Six Mile Creek gorge fall (58) Woman accusing police of abuse addresses Ithaca InterestedresidentscancontactPoetvoordeatspoeldzoom-dsl.com. lawmakers (71) in Your Voice | read reactions to th« story Newest first H You must be logged In to leave a comment. Login | Register lOOOcharaclers left Submit • Partners: Jote: CarMrBuildar.com Cars: Cars.com Apartments: Apartments.com Stropping: ShopLocsl.com Homes: Homafindar.com Home I News j Sports | Buairtass j Viawpoints j Life | FamHy | Entertainment j CMitttiaries | Ptwios | Wsatt>ar | Buy/Sell t Customer Service j Site IMap Terms of Servica | Privacy Policy j Contact Us | Work for Us j SubscritM GANNETT NEW YORK NETWORK: Blnghsmton | Elmirs | Ithaca j Poughkeapsle | Rocheslar j VYaatcheater | WQRZ-TV. Buffalo CopyrigN <9 2di 0 The itnaca JournaJ Use ot this site signifies your agreement to the Tem>s ot Service and Privacy Policy, updated March 2009 http://www.theithacajournal.comyapps/pbcs.dll/article?AID=20107140375 7/16/2010 \ ! Dttev -Billing Minus Woolf Lane a Consumption 9/1/2004 s 15,477.12 9/2/2004 9/8/2004 9/23/2004 12/1/2004 $2,176.20 12/31/2004 3/1/2005 $6,652.10 3/1/2005 4/1/2005 6/1/2005 $7,417.80 7/1/2005 9/1/2005 $10,054.80 10/4/2005 12/1/2005 $7,446.90 12/31/2005 3/1/2006 $8,402.10 3/13/2006 3/30/2006 6/1/2006 $7,010.40 6/26/2006 7/1/2006 9/1/2006 $8,531.10 9/30/2006 10/1/2006 12/1/2006 $7,365.00 12/26/2006 1/1/2007 3/1/2007 $8,581.80 3/30/2007 4/1/2007 4/9/2007 6/1/2007 $13,016.27 6/30/2007 7/1/2007 9/1/2007 $13,982.57 9/28/2007 10/1/2007 12/1/2007 $8,698.04 12/17/2007 12/20/2007 12/20/2007 12/31/2007 3/1/2008 $9,316.98 3/19/2008 3/31/2008 6/1/2008 $9,317.33 6/30/2008 7/1/2008 9/1/2008 $11,400.12 10/10/2008 12/1/2008 $9,425.25 12/4/2008 1/1/2009 2/12/2009 3/1/2009 s 10,972.23 3/30/2009 3/31/2009 6/1/2009 $12,705.38 6/11/2009 7/1/2009 9/1/2009 s 13,963.80 30/1/2009 0/5/2009 512/1/2009 $13,189.03 12/30/2009 i/1/2010 1/18/2010 1/1/2010 $12,061.44 Town of Ulysses Water Rents Penalties Adjustments Paid by Town Balance Transaction Description 217.62 665.21 741.78 744.69 (383.68) (943.34) 10,025.08 (37,950.59) 11.49 164.50 239.31 526.81 / (942.11) $ 667.02 (5,268.14) 1,398.26 f?. (1,112.54) 227,163.76 $ (2,065.28) 869.80 931.70 931.73 1,140.01 942.53 1,097.22 1,270.54 1,396.38 1,318.90 12,268.11 (35,633.21) $ $15,477.12 9/1/04 billing $15,093.44 adjustment & $14,150.10 adjustment 1 $(14,150.10)S -cash receipt i $2,176.20 12/1/04 billing $2,393.82 penalty 1 $9,045.92 3/1/05 billing i s 19,071.00 adjustment R $19,736.21 penalty 1 $27,154.01 6/1/05 billing \ s 27,895.79 penalty $37,950.59 9/1/05 bllllng o^l $-adjustment 1 $7,466.90 12/1/05 billing $8,191.59 penalty ? $16,593.69 3/1/06 billing 3 (13,652.77)s 2,940.92 cash receipt $(4,759.74)s (1,818.82) cash receipt % $5,191.58 6/1/06 billing 1 $(5,076.67)s 114.91 cash receipt ji $126.40 penalty 1 s 8,657.50 9/1/06 billing S (7,000.96)$1,656.52 cash receipt $1,821.02 penalty $9,186.02 12/1/09 billing $(6,616.91)s 2,569.11 cash receipt $2,808.42 penalty ^ $11,390.22 3/1/07 billing $(5,706.78)$5,683.44 cash receipt > s 6,210.25 penalty $-adjustment yk s 13,016.27 6/1/07 billing $(6,346.07)$6,670.20 cash receipt $7,337.22 penalty 1 $21,319.79 9/1/07 billing 1 $(6,379.91)$14,939.88 cash receipt $16,338.14 penalty $25,036.18 dec 07 billing $(6,654.46)$18,381.72 cash receipt s 17,269.18 adjustment bill $15,203.90 adjustment penalt $16,073.70 penalty $25,390.68 mar 08 billing $(9,516.31)$15,874.37 cash receipt $16,806.07 penalty $26,123.40 jun 08 billing S (7,532.95)$18,590.45 cash receipt $19,522.18 penalty $30,922.30 sept 08 billing $32,062.31 penalty $41,487.56 12/1/08 billing $(7,205.80)$34,281.76 cash receipt $35,224.29 penalty $(6,784.76)$28,439.53 cash receipt $39,411.76 3/1/09 billing $(10,972.23)s 28,439.53 cash receipt s 29,536.75 penalty $42,242.13 6/1/09 billing $(12,705.38)$29,536.75 cash receipt $30,807.29 penalty $44,771.09 9/1/09 billing s 46,167.47 penalty $(13,963.80)s 32,203.67 cash receipt $45,392.70 12/1/09 billing $(10,022.81)$35,369.89 cash receipt s 36,688.79 penalty $(3,166.22)$33,522.57 cash receipt $45,58'4.01 3/1/10 billing $(158,214.65)$45,584.01 ending balance 0^'fi .. - n-12!02:45 3 <<,' • • jr TOWN OF ITHACA ^ Water/Sewer Account Ledger 2003 to Present Qyp t/v-i = 1 ^ r-i r iC / V- i n Account # A6307 t . Name:AL CARVILL i ) Date Reference WATER SEWER Charge Penalty Other Charge Penalty Other Balance 'j:^^?pi/2004 V'^9/08/20,04 0^3/2004■j(^01/2004 ■H/3 1/2004q|/0 1/2005 4b/0 1/2005 04/01/2005 I 46/01/2005 07/01/2005^^41/2005 10/04/2005 ^1/2005 09/p/i 3/2006 0/2006^6/01/2006 09/01/2006^9/30/2006 4/01/2006 ^^/25/2006 1^1/2007 0^01/2007 03/" 03/p4^01/2007o|/05/2007 0- Billing ADJ00481 ADJ00488 CR712001 Billing Penalty Billing ADJOllOl Penalty Billing Penalty Billing ADJ01526 Billing Penalty Billing CR923031 CR942001 Billing CR972004 Penalty Billing CR018045 Penalty REL02804 Billing CR045017 Penalty Billing CR093001 Penalty ADJ03388 Page: 1 15477.12 -383.68 -943.34 -14150.10 2176.20 6652.10 10025.08 7417.80 10054.80 -36325.98 7446.90 8402.10 -13652.77 -4015.05 7010.40 -5076.67 8531.10 -7000.98 7365.00 -6616.91 8581.80 -5706.78 -5268.14 217.62 665.21 741.78 -1624.61 744.69 -744.69 11.49 164.50 239.31 526.81 -942.11 15477.12 15093.44 14150.10 0.00 2176.20 2393.82 9045.92, 19071.00 19736.21 27154.01 27895.79 37950.59 0.00 7446.90 8191.59 16593.69 2940.92 -1818.82 5191.58 114.91 126.40 8657.50 1656.52 1821.02 1821.02 9186.02 2569.11 2808.42 11390.22 5683.44 6210.25 0.00 A6307 Name: ..'VJ-K WATER SEWER •fiDate. Reference V\i» Charge Penalty Other Charge Penalty Other Balance 11/2007 '^730/2007 b|/01/2007 pb/01/2007 n §5/28/2007 |b/01/2007 va|/13/2007 ^i|^13/2007 ||/01/2007 MMYmoi >7SZ: y-lU::. a|/31/2007 '§3701/2008 My.^|/19/2008 0^31/2008 g6/01/2008 ^b/30/2008 H/04/2008 g|:0l72QQ9 1^12/2009 bw 1/2009 Ml &|/31/2009 0,6/11/2009 ^|/01/2009 09/01/2009 '(1/01/2009 "I:/- i^8/2009 ;9/01/2009 ^0/2009 ||/31/2009 Billing CR127014 Penalty Billing CR162012 Penalty REL03951 ADJ04247 Billing CR188007 ADJ04345 Penalty Billing CR230001 Penalty Billing CR286001 Penalty Billing Penalty REL05008 Billing CR336001 Penalty CR371001 Billing CR400005 Penalty Billing CR427003 Penalty Billing Penalty CR487001 REL06206 Billing CR523001 Penalty Page: 2 13016.27 -6346.07 13982.57 -6379.91 ■14272.86 14272.86 8698.04 -6654.46 -1112.54 9316.98 -9516.31 9317.33 -7532.95 11400.12 9425.25 -7205.80 -6784.76 10972.23 -10972.23 12705.38 ■12705.38 13963.80 -13963.80 13189.03 ■10022.81 667.02 1398.26 -2065.28 2065.28 -2065.28 869.80 931.70 931.73 1140.01 942.53 1097.22 1270.54 1396.38 1318.90 13016.27 6670.20 7337.22 21319.79 14939.88 16338.14 0.00 16338.14 25036.18 18381.72 15203.90 16073.70 25390.68 15874.37 16806.07 26123.40 18590.45 19522.18 30922.30 32062.31 32062.31 41487.56 34281.76 35224.29 28439.53 39411.76 28439.53 29536.75 42242.13 29536.75 30807.29 44771.09 46167.47 32203.67 32203.67 45392.70 35369.89 36688.79 ;(-^A<®^iint# A6307 Name: ./.v n Date Reference Charge WATER Penalty SEWER Other Charge Penalty Other Balance •'* V Oi/18/2010 CR539003 '(51:701/20 1 0 Billing -3166.22 12061.44 33522.57 45584.01 46' Totals:35685.20 9898.81 0.00 0.00 0.00 0.00 'r: , 1. S- vyur 1- ■- ws X i JM ■-S ■■fi T '6^ ^■W 4k A- • . '•{•! 'vi: Page: 3 ■U.- \ . f * Draft TOWN OF ULYSSES S.E.Q.R.-WATER DISTRICT No 3 PUBLIC HEARING 8/14/2001 PRESENT: Supervisor Doug Austic, Councilpeople Carolyn Duddleston, Andrew Hillman, Sue Poelvoorde and Robert Weatherby, Town Attorney Bruce Wilson, and Town Clerk Marsha Georgia. Proof of Notice being furnished Supervisor Austic re-opened the adjourned public hearing of July 31®', 2001 at 7:40 PM. The engineer has addressed the questions and concerns that were raised at the July 31 st public hearing on Part I of the SEQR. . Mr. Austic reviewed Part I - Project Information, of the S.E.Q.R. Full Environmental Assessment Form, and opened the floor for comments. Mr. Damel Higgihs asked if the Town has as a formal agreement with Bolton Point Water yet? Mr. Austic stated at this point the Town is dealing with the City of Ithaca and they have not gotten a formal agreement with Bolton Point at this time. Mr. Austic asked if there were any further comment. Hearing no further comments, Mr. Weatherby moved, seconded by Mrs. Duddleston to close the public hearing. Mr. Austic aye Mrs. Duddle^on aye Mr. Hillman aye Ms. Poelvoorde aye Mr. Weatherby aye The public hearing closed at 7:55 PM. Respectfiilly submitted, Marsha L. Georgia Ulysses Town Clerk MLG: kl ConfirminE Lead Agency Status and Adoption of Negative Declaratipn ^EREAS, the Town of Ulysses Town Board is considering formation of the Town of Ulysses Water Distnct Number 3 (The "Project"), and considered a "Type I Action" as defined by the State Environmental Quality Xeview Act (SEQRA) and the State Environmental Review Process (SERF); and ^EREAS, Part 1 of a full eivirornneital assessment form (FEAF) was completed by the Town Engineers, Barton & Loguidice, P.C., dated June 11,2001, and submitted to this Board for its review and consideration, in connection with the project; and WHEREAS, in accordance with 6 NYCRR Part 617.6 and SERP, a lead agency must be established for the purpose of conducting a SEQRA review of this project; and \^MAS, at its regular m^ing held on the 12^^ ofJune, 2001, the Town Board authorized preparation declared its intention to assume lead agency status in this matter for purposes of SEQRA and SERP review processes; and WHEREAS, notice of sudi intoition was made known to involved agoicies, and have indicated fiiat they have no objectimi to the Town Board proceeding to serve as lead agency in this matter; and WHEREAS, fee Town ofUlyssw has identified potential areas of ardieological concern wifcin fee project wea and is actively pursuing ardieological cultural resource surveys as recommended by the New York of?arks, ^eaticn and Historical Prestrvaticn (NYS OPRHP), and feat the Town of Ulysses wll, ifn«»ssaiy, niodify fee project plans as the NYS OPRKP may require to ensure feat fee project will have no significant impact on cultural resources iii the project area. ^OW THEREFORE, BE IT RESOLVED AND DETERMINED, that it is confirmed that feis Board shall swve as lead agency in fee SEQRA and SERP review process for fee Project; and it is further RESOLVED AND DETERMINED that this Board hweby adopts the N^ative Declaration annexed ha-eto for fee reasons set forth fea-ein; and it is further counsel or fee Town Engineers are hereby instructed topublish and circulate fee annexed Negative DeclaratioQ in accordance with appropriate laws and r^ulatioQs, and It is furfe^ RE^LVED, feat the Supavisor, together with counsel for fee Town and fee Town Engineers are hereby authorized and direded to take all actions, sov^e all notices and complete all documents in order to give full force and eflfect to feis determination. I ho-eby certify that the Town Board of fee Town of Ulysses at its Regular Town Board Meeting held August 14,2001 adopted fee foregoing resolution. Witness my hand and seal of said Town this Fifteenth Day ofAugust Two Thousand and One. Marsha L. Georgia, UysS^ June 20,2001 RE: Notice ofIntent to Establish Lead Agency Dear Mr. Pursuant to tiie State Envircmmmtal Quality Review Act ('*SBQRA") and 6 NYCRR 617.6(b)(3)^), please be advised that flie Town of Ulysses intrads to establMi itself as Lead Agency for the purposes of folfilling die SEQRA requirements relative to the formation and installaticai of fecilities of the Water District No. 3. This district will be located ratirely in die Town ofUlysses, Tompkms County, NY. The Project will include the installation of approximately 7.5 miles pf 8-inch, lO-indi and 12-indi water main, anew 250,000-gaU(m water storage tai^ and a booster pump station. Enclosed for your review, as required pursuant to 6 NYCRR 617.6(b)(3)(i), is Part 1 of a completed Bnrironmental Assessment Form A^ch deso'ibes the proposed action. The form is completed wth all information available at diis time; additicuial information has been requested, but not yet received. An attactofflt is included e^qiiaining die status of any missing informadon. In accordance with 6NYCRR 617.6(b)(3Xi), all involved agoicies must agree upon Lead Ag^cy designation widiin thirty (30) cal^d^ days ofthis lettw. If you are in agreement with die proposed SEQRA Lead Agency Designation, dien no response is required. In die event diat you disagree widi the proposed designaticm ofdie Town ofUlysses as Lead Agency for this proposed project, you must send writtm notice of said disagreement to the following address widiin diirty (30) calendar days ofthe date ofthis lettCT: Mr. Douglas Austic, Si^ervisor, Town of Ulysses, 10 Elm Street Trummsburg, NY 14886. All questions concemmg diis notice should be addressed to the undersigned. Very TYuly Yours, hh*. Douglas Austic SupCTvisor Town of Ulysses Water District No. 3 SEQR/SERP List of Interested/ Involved Agencies Ralph Manna Regional Permit Administrator New York State Department of Environmental Conservation 615 Erie Blvd. West Syracuse, NY 13204-2400 harles Amento New York State Department of Health Bureau of Public Water Supply Protection Flanigan Square, 547 River Street, Rm. 400 Troy, NY 12180-2216 Gordon Behn Water Supply Section Bureau of Water Resources New York State Department of Environmental Conservation 625 Broadway Albany, NY 12233 James W. Hanson Jr. Commissioner, Tompkins County Planning y/Department ^ 121 E. Court St. Aon P. Edinger Regional Director, NYSDOT Region 3 333 E. Washington Street Syracuse, New York 13202 Thomas Kelly, President New York State Environmental Facilities Corporation 50 Wolf Road Albany, NY 12205-2603 Rpbert C. Somers, PhD hief of Agriculture Protection Unit New York State Department of Agriculture and Markets 1 Winner Circle Albany, NY 12235 Ms. Ruth Pierpont Director, Field Services Bureau New York State Office of Parks, Recreation and Historic Preservation Peebles Island PC Box 189 Waterford.NY 12205-0189 Ithaca, NY 14850 1/40 Alice Cole '6mpkins County Public Health Director 401 Harris B. Dates Drive Ithaca, NY 14850. Monika Roth Tompkins County Agricultural and Farmland Protection Board 615 Willow Avenue Ithacafl^ 14850-3555 Catherine Valentino 'Supervisor, Town of Ithaca 215 N. Tioga St. Ithaca, NY 14850 Alan J. Coheri, Mayor City of Ithaca 108 East Green Street Ithaca, New York 14850 ADDED TO LIST 7/6/01 PER REQUEST BURNARDO CANOVAS DORMITORY AUTHORITY 515 BROADWAY ALBANY, NY 12207 , I state Environmental Quality Review ; * ' ' FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant Is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasureable. It Is also understood that those who determine significance may have little or no fonnal knowledge of the environment or may not be technically expert In environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF Is Intended to provide a method whereby applicants and agencies can be assured that the detennlnatlon process has been orderly, comprehensive In nature, yet flexible enough to allow Introduction of Information to fit a project or action. Full EAF Components: The full EAF Is comprised of three parts: Parti: Provides objective data and information about a.given project and Its she. By Identifying basic project data. It assists a reviewer in the analysis that takes place in Parts 2 and 3. Part2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an Impact Is likely to be considered small to moderate or whether it Is a potentially-large Impact. The form also Identifies whether an impact can be mitigated or reduced. Parts: If any Impact In Part 2 is Identified as potentially-large, then Part 3 is used to evaluate whether or not the Impact is actually Important. DETERMINATION OF SIGNIFICANCE—Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project Parti Part 2 □ Part 3 Upon review of the Information recorded on this EAF (Parts 1 and 2 and 3 If apprcprfate), and any other supporting Information, and considering both the magnitude and Importance of each frnpact It is reasonably determined by the lead agency that: A. The project will not result In any large and Important impact(s) and, therefore, Is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. □ B. Aflhough the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration vdii be prepared.* I~l C. The project may result in one or more large and Important Impacts that may have a significant Impact on the environment, therefore a positive declaration will be prepared. •A Conditioned Negative Declaration Is only valid for Unlisted Actions Town of Ulysses Water District No. 3 Name of Action Town of Ulysses, Town Council ' Name of Lead Agency Mr. Douglas Auntie Town SupervisorPrint or Type Narn^f ResponsiblrOfficer In Lead Agency Title of Responsible Officer Signature "bf Re^bnsible'Officer In Lead Agency Sl^ature of Preparer (If different from responsible officer) 6-11-01 Date STF NY0601SF. PART 1—PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document Is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any addrtionai information you believe will be needed to complete Parts 2 and 3 # It is expected that completion of the full EAR will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such addrtionai wori^ is unavailable, so Indicate and specify each instance. NAME OF ACTION Water District No. 3 LOCATION OF ACTION (include Street Address, Municipality and County) Trumansburq Road and others, T. Ulysses, T. NAME OF APPLICANT/SPONSOR Mr. Douglas Austic ADDRESS 10 Elm Street Ithaca/ Tompkins County BUSINESS TELEPHONE 607-387-5767 CITY/PO Trumansburq NAME OF OWNER (if different) ADDRESS STATE NY ZIP CODE 14886 BUSINESS TELEPHONE CITY/PO STATE ZIP CODE DESCRIPTION OF ACTION Installation of approximately .9;2 miles of 8", 10" and 12" water main, 26p), 000 (approx) gallon storage tank and booster pump station. Please Complete Each Question—Indicate NA. If not applicable A. Site Description Physical setting of overall project, both devetoped and undeveloped areas. 1. Present land use: □ Urban □ Industrial ^ Forest Agriculture Total acreage of project area: 12 acres. 3 Commercial ^ Other 13 Residential (suburban) Rural (non-farm) APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural) Forested Agricultural (Includes orchards, cropland, pasture, etc.) Wetland (Freshwater or tidal as per Articles 24. 25 of EGL) Water Surface Area Unvegetated (Rock, earth or fill) Roads, buildings and other paved surfaces Other (Indicate type) PRESENTLY -• 6 acres. acres AFTER COMPLETION 5 .5 - acres 3 • acres -lacres acres acres acres acres acres What Is predominant sod type(s) on project sHe? HuB, a. Soil drainage: □ Well drained 3 o acres acres acres acres 5 acres acres OaA, CfB, LbB Poorly drained % of site [x] Moderately well drained 4 0 % of site 60 % of site b. If any agricultural land Is Involved, how many acres of soil are classified within soil group 1 through 4 of the NYS LandClassification System? 1. 5 acres (See 1 NYCRR 370). Are there bedrock outcropplngs on project site? Q Yes 0 No a. What is depth to bedrock? 6 (approx) rin feet) STFNY06015F.2 •5. ApproxiR)ate percentage of proposed project srte with slopes: 0-10% 100 % Q 10-15% % □ 15% or greater % 6. is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? □ Yes ^ "... *. "i '■ 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? □ Yes [g No 8. VVhat Is the depth of the water table?. ^ (in feet) 9. Is site located over a primary, principal, or sole source aquifer? □ Yes No 10. Do hunting, fishing or shell fishing opportunities presently exist In the project area? □ Yes No 11. Does project site contain any species of plant or animal life that is Identified as threatened or endangered? □ Yes [g No According to Identify each species. 12. Are there any unique or unusual land forms on the project site? (I.e., cliffs, dunes, other geological formations) 0 Yes No Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? □ Yes (xj No If ves. explain 14. Does the present sKe Include scenic views known to be Important to the community? □ Yes No 15. Streams within or contiguous to project area: ' ^ ■ UN-NAMED INTERMITTENT STREAMS a. Name of Stream and name of River to which it Is tnljutary WILLOW CREEK, GLENWOOD CREEK, INDIAN CREEK 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name PSSl, Cayuqa Lake b. Size fin aeresl <1. 42.000 (total lake area) 17. Is the site served by existing public utilities? Yes □ No a) If Yes, does sufficient capacity exist to allow connection? Yes □ No b) If Yes, will improvements be necessary to allow connection? □ Yes No 18. Is the site located In an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? Yes □ No 19. Is the site located In or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? □ Yes [xj No , 20. Has the site ever been used for the disposal of solid or hazardous wastes? □ Yes No B. Project Description 1. Physical dimensions and scale of project (fill In dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor ■ . acres. b. Project acreage to be developed; acres initially; acres ultimately. 0. Project acreage to remain undeveloped NA acres. d. Length of project, In miles: 9.-.2- fif appropriate) e. If the project Is an ejqjanslon. Indicate percent of expansion proposed NA %: f. Number of off-street parking spaces existing proposed NA . g. Maximum vehicular trips generated per hour NA fupon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially Ultimately I. Dimensions (in feet) of largest proposed structure 45 •. .leloht: 31- width: NA length, j. Linear feet of frontage along a public thoroughfare project will occupy Is? NAft. STF NY06015F.: ■2. tjow. much natural material (i.e., rock, earth, etc.) will be removed from the site? 3.34 tons/rnhin-yaTTtg . > ' 3. Will disturbed areas be reclaimed? |g Yes □ No □ N/A a. If yes, for what intended purpose is the site being reclaimed? Restoration to near original stateb. Wlli topsoll be stockpiled for reclamation? ^ Yes □ No c. Will upper subsoil be stockpiled for reclamation? ^ Yes □ No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? .5 acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? □ Yes ^ No6. If single phase project: Anticipated period of construction i, months, (including demolition). 7. If multi-phased: a. Total number of phases anticipated (number).b. Anticipated date of commencement phase 1 month year, (including demolition). c. Approximate completion date of fi nal phase month year.d. Is phase 1 functionally dependent on subsequent phases? □ Yes □ No 8. Will blasting occur during construction? Q Yes No 9. Number of jobs generated: during construction 15_; after project Is complete 0_ . 10. Number of jobs eliminated by this project 0_. 11. Will project require retocation of any projects or facilities? □ Yes ^ No if yes, explain 12. Is surface liquid waste disposal Involved? □ Yes ^ No a. If yes, indicate type of waste (sewage, Industrial, etc.) and amount _ b. Name of water body Into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? Q Yes g] No Type 14. Will surface area of an existing water body increase or decrease by proposal? □ Yes [xj No Explain 15. Is project or any portion of project located in a 100 year fl ood plain? Yes . •16. Will the project generate solid waste? □ Yes g] No a. If yes, what Is the amount per month tons b. If yes, will an existing solid waste facility be used? □ Yes No c. If yes, give name ; location d. Wlli any wastes not go into a sewage disposal system or Into a sanitary landfill? n Yes n No e. If Yes, explain 17. Will the project involve the disposal of solid waste? □ Yes No a. If yes, what Is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? □ Yes No 19. Will project routinely produce odors (more than one hour per day)? □ Yes ^ No 20. Will project produce operating noise exceeding the local ambient noise levels? [x] Yes □ No DURING CONSTRUCT 21. Will project result In an increase In energy use? Yes □ NoIf yes, indicate tvoefsl electricity for ptjmpina station 22. If water supply is from wells, indicate pumping capacity, gallons/minute. 23. Total anticipated water usage per day ,60,,g^ gallons/day. (Average Day Water Consumption)24. Does project involve Local, State or Federal funding? ra Yes pl NoIf Yes. explain NYS DWSRF ^ STF NY06015F.4 ^5. Approvals Required: Type Submittal Date City, Town, Village Board 0 Yes □No District Approval 7-01 City, Town, Village Planning Board 0 Yes No City, Town Zoning Board 0 Yes No City, County Health Department Yes n No Plan for Water Siidd.1v ADoroval 10-01 Other Local Agencies 0 Yes IE IX1 No ITHACA CITY h TOWN 10-01 Other Regional Agencies □ Yes No State Agencies NYSDEC [xj Yes □ Pi No Water Supply Approval 10-01 Federal Agencies □ Yes No C. Zoning and Planning Information No1. Does proposed action Involve a planning or zoning decision? Q Yes If Yes, Indicate decision required: □ zoning amendment 0 zoning variance 0 special,use penriit 0 subdMsion 0 site plan 0 new/revision of master plan 0 resource management plan ■ 0 :other 2. What Is the zoning classlficationfs) of the site? Residential, Agricultural, Commercial 3. ^ maximum potential development of the site If developed as permitted by the present zoning? 4. What Is the proposed zoning of the site? NA 5. What Is the maximum potential development of the site If.deveioped as pemnltted by the proposed zoning? NA 6. Is the proposed 'action consistent with the recommended uses In adopted local land -use plans? 7. What are the predominant iand^ use(s) and zoning classifications within a % mile radius of proposed action? Residential, Agricultural/ Commercial Yes □ No 8, Is the proposed action compatible with adjoining/surrounding land uses within a mile? \] 9. If the proposed acUon is the subdivision of land, how many lots are proposed? OWK VOJi tank sttk a. What is the minimum lot size proposed? ► Yes □ No NA 10. Will proposed action require any authorizatlon(s) for the formation of sewer or water districts? Yes 0 No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fi re protection)? 0 Yes Noa. If yes. Is existing capacity sufficient to handle projected demand? 0 Yes 0 No 12. Will the proposed action result In the generation of traffic significantly above present levels? 0 Yes No a. If yes, Is the existing road network adequate to handle the additional traffic? 0 Yes 0 No D. Informational Details Attach any additional Information as may be needed to clarify your project. If there are or may be any adverse Impacts associated with your proposal, please discuss such Impacts and the measures which you, propose to mitigate or avoid them. E. Verification I certify that the Information provided above is true to the best of my knowledge.Applicant/Sponsor Name^^_:__Po^" Sfgnature , Title Supervisor . If the action Is In ttils assessment ■ Date 6-11-01 Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with STFNY06015F.5 Part 2—PROJECT IMPACTS AND THEIR MAGNITUDE • • n Responsibilily of Lead Agency General Informalion (Read Carefully) magnitude^"a['3wtig'ge7a^XVnsVirroTumnV °' wherever possible Ihe thresholdfor most situations. But, for any specific project or site oth^"''' " ^7 applicable throughout the Stale ;^ for a Potential targe Impact res^nse, fhuT;' hoHnt:: 3. The number of examples per question does not indicate the importance of each question ' ' In Identifying impacts, consider long term, short term and cumlative effects. Instnjctlons (Read care/ully) " • b! jxr^erJ:::: n Impact. If impact lhresS°eq!ia!r or'exteeL^Ty°damD^°* 'm^lcate the potential size of the threshold Is lower than example, check coLmn T P'ovided, check column 2. If Impact will occur bul Any large tapact m'l^t be ^alu'^t^'irPART I*"" If necessarily signlllcant. asks that It be looked at further. aetermlne significance. Identifying an impact In column 2 simply I. If a polentian/lfrg"e''lr^^c"'c^ected'in cTumn 2 can bri!i1» a '« PART 3. Impact, also check Ihe Yes box in column 3 A No ® change(s) In the project to a small to moderate must be explained in Part 3. n . A No response Indicates that such a reduction Is not possible. This ^ IMPACT ON LAND1 - Will the proposed action result in a physical change to the project site? Examples that would apply to column 2 ^ ^YES • tnZ 15% or greater. (15 foot rise per 100 10% " where the general slopes in the project area exceed ' a^frer"""'"" '®" 'hen • Construction of paved parking area for 1,000 or more vehicles. • Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. • t^rone"r '""'n 'han 1 year or involve morethan one phase or stage. • Excavation for mining purposes that would remove more than 1 000 tons of natural material (i.e., rock or soil) per year. ' Construction or expansion of a sanitary landfill. Construction in a designated floodv/ay. Other impacts _CHANf;E ON LANDS - CONSTRUCTTOW OF PUMP STATION, BUILDING & STORAGE TAMK '■ riiter^e'cmifr' '-ndon- {-e.. cliffs, dunes, geological formations, etc.)SNO nYFS * Specific land forms; 1 Small to Moderate Impact 2 Potential Large impact 3 Can Impact Be Mitigated By Project Change O □DVes ONo m □OVes ONo □□□Ves DNo □□□Ves DNo □□□ Yes DNo □□□Ves DNo □□□Ves DNo □□□Ves DNo 0 □□Yes ENo □□□ Yes □No IMPACT ON WATER es 15,2-}. 25 of the Environmental Conservation Law, ECL) Examples that would apply to column 2. Developable atea of site contains a protected water body ' ^meci:d ^ • Extension of utility distribution facilities through a protected water body Construction in a designated freshwater or tidal wetland • Other impacts: '■ oTwa'terr"' -" P^'^cted existing or new body Examples that would apply to column 2 : ::s:: ^ ^ □yes 5. Will Proposed Action affect surface or groundwaterquality or quantity? HlKinExamples that would apply to column 2 * Proposed Action will require a discharge permit * --redU^^^^ * ~ than« * a'LTpTyTystr' contamination of a water , * Proposed Action will adversely affect groundwater ' Proposed Action would use water in excess of 20.000 gallons per ' rxhtinrbod'"'"f" """ discharge into ancontract to n7tl,rat c;:°dlr pXrs'gt":: ,ri! rXr"e?er«;rce!.'"°" without water ' remd°^^'' '^°'"'"crcial and/or industrial uses which mayrequire new or expansion of existing waste treatment and/or sXge' Other impacts:. '■ XerX^oTlf - P=«-s, or surfaceExamples that would apply to column 2• Proposed Action would change flood water flows. 1 Small to Moderate Impact □ □ □ }Q □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ 2 Potential Large Impacl □ □ □ □ □ □ □ □ □ □ □ O □ □ □ □ □ □ □ □ Can Impact Be Mitigated By Project Change □Ves Dno □Yes Dno □Yes Dno QYes Dno □Yes Dno □Yes Dn* □Yes Dno □Yes DNc □ □Yes □Yes □Yes □Yes □Yes □Yes □Yes □Yes □No □ No □No □No □No PNo ONo □No □Yes GNo □Yes DNo □Yes GNo □Yes GNo □Yes GNo n ."c;""'' - mill, o- .h.n 2.5 .1 '•""«■■•"»"«.»». .trip cropping) o ro ra nL , t" Pitches. Other impacts: 11 Will on aesthetic resourcesWill proposed action affect aesthetic resources? Dno fSIYF^ (If necessary, use the Visual faf jAppendix B.) Addendum m Section 617.20, Examples that would apply to column 2 orTs^arp c'jfntras"\rcu«°nrsu""''d"^ obviously different fromman-made or natural. ^"'tounding land use patterns, whether ^Xtic^isource! which wmehUn°T''°^enioyment of the aesthetic qualities ofZt >esour"e"''' impacts. TANK COmTHnr.TTDK 12 "wiifp archaeological resources"■p^^!z-:;z;z::::.r •— eExamples that would apply to column 2 ' pr"oIecTsfte' site or fossil bed located within the * Other impacts:^ 13 Will SPACE AND RECREATIONfuture'opersp^cesm r-''® quantity or quaiity of existing ofExamnle '"'national opportunities?Examples that would apply to column 2 bnO HYFC • The permanent foreclosure nf a f.uM . LiXtS• A major reduction of an one ^^^eationai opportunity. • Other impacts: • the community. I 2 I 3Small to Potential Can Impact B Moderate Large Impact I Impact Mitigated ByProject Chang □Yes Dno □Ves □No □Yes Dno □Yes Dno □Yes Dno □Yes DNo □Yes DNo QVes DNo DYcs DNo DYes DNo OYcs DNo DYcs DNo □Yes GNo □Ves DNo □Yes DNo 17, dno NOISE AND ODOfl IMPACTS Will there be objectionable odors, noise, or vi of the Proposed Action? Examples that would apply to column 2 BJasting rvithin 1,500 feet of a hospital, school or oth. Odors will occur routinely (nnore than one hour-per day) operating .noise exceedin,ambient noise levels for noisb outside of structures noise°scrta"°" " Other impacts; IMPACT ON PUBLIC HEALTH 18. Will Proposed Action affect public health and safew? Examples that would apply to column 2 UYES * = "'k o' explosion or release of hazardoussubstances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of disSe^rrsr''"'""'' ^ ^ * T°" "h«ardous wastes" in anyLfectiou;, IZ' ' w'hTI^OC^'fee^ T"" n'"" !r"r"'' «"vation or other disturbance waste 2,000 feet of a site used for the disposal of solid or hazardous * Other impacts; IMPACT ON GROWTH AND CHARACTER 1Q xA/ ii OF COMMUNITY OR NEIGHBORHOOD19. Will proposed action affect the character of the existing community! Examples that would apply to column 2 ' JrolectTlocTted"^l'r'i°" ^^ich theproject IS located is likely to grow by more than 5%. ' .,f .""""'c'Pal budget for capital expenditures or operating services^ will increase by more than 5% per year as a result of thlrproLa ^ Proposed action will conflict with officially adopted plans or goals Proposed action will cause a change in the density of land use. • roposed Action will replace or eliminate existing facilities, structures or areas of historic importance to the community '• Development will create a demand for additional community services (e.g. schools, police and fire, etc.) seivices • Proposed Action will set an important precedent for future projects Proposed Action will cfeate or eliminate employment.• Other impacts: n 1 Small to t Moderate j Impact ... . 2 n Potential Large Impact '3 Can Impact Be Mitigated By Project Ctiange □□ 1 •>• '□ 0z□. ■□□□Yes □NoQ□ ;dves 0No □□□Yes □No □□□Yes □No □□□Ves DNo □□□Ves □No □□□Yes □No □□.□Yes □no . □□□Yes □No □□□Yes.□No □□□Yes □No □□□Yes □ No □ .X^Yes □No □□ ■□Yes □No □□□Yes □No □□□Yes □ No □□□Yes □ No □□□Yes □ No 20. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? „ , ^NO DYESP rt 2 Is Identified as a polenlial large impact or if you cannot determine the magnitude of Impact, proceed to Parl 3 Part 3 - Modified Evaluation of the Importance of Impacts Wato Mstric?#S f that the formation and construction ofthe town 1 result m potentially large adverse environmental impacts to the resources ofSan aZ heSn . ® t®™ or cumulatively. The Board expects that the comprehensiverim h update of the zoning ordinance, to implement the goals and objectives of the ^elSkS! with'^h 1 ' • ® direction and scale of future development in the town thatresult frSm thTSS^ T agncu tural ataosphere. Therefore, the changes that will likelyIt from the installation of municipal water m the town are expected to be moderate and in keeping with the character of the desired and expected growth. eraieanam CofurnnTsmair/'vf "^5 general public, in more detail the responses to Part 2,A ™ I Moderate Impact for the features of the town's environment that wUl beimpacted by implementation of Water District #3, J. Impact on T/iTui the i^tallation of underground water mains and above ground''"■Wing and water tank. Placement of the water mains will occurwill ociy" cSy u'nXvX"?^^^^^^ """"P Wi"^ building and water tank wiU re sult in the long-term change str^tuS impervious suifaces. The sites required for these^aS on 1? expected to have a significant or large adverse environmentalmiiic,!.! ^ iS area surrounding the sites. Any change in drainage on the two sites will betigated by proper construction and landscaping techniques such as the use of vegetated swales. of wrl^Th^no^n5® installation of underground water main will occur primarily in highway rightdepth to the wateJ^entrw-|f*'^'^'®f^sfeams and areas that are seasonally wet. Thus thendti^ate ^0^1 to S n, il techniques will be used tomiugate impact to water quality dunng ground disturbance for placement of the water mains Theareas where water main will be placed will be allowed to return to a vegetateSf^ 3. Impart on Water For ^1 construction activities associated with the implementation of Water District #3 Drooer SSne°d to oJXmTo^T ^ silt fencing will be placed prior to ground disturbanie and beSrfrcA^iriaTsS^^^Lto'b "i fTT® water resources from exposingcomplete '' mulched as soon as possible after construction is SteSv'l!iSifvinffeH®^u "^stniclion thtough small pockets of designated orCorns of protected freshwater wetlands. Construction will follow U.S. ArmymffhnHo York State Department of Environmental Conservation prescribedSfStft ofcr nf 1-® "'p "'"vatiohs will be deteSd prior tothe start of construction. Post construction, final grades will be returned to preconstruction levels. 10. Impact on Agricultural fMnd Resourcp.a The proposed project will install water mains along existing highway right of way. Several agricultural parcels exist along the proposed route where the only access to the parcel is from the mghway. Access to the parcels will be limited during the placement of water main. The impact may e imtigated by the timing of construction and conferring with the area fanners prior to the start of construction. 11. Impact on Aesthe.tic Resnurr.p.s; The construction of the water tank will be the most visible feature of the implementation of the Water Distnct #3 project. The tank will be in the view shed for many residents of the town and travellers along N.Y. S. Route 96. The change in the view shed is expected to be minimal and in keeping with the rural landscape of the town in that the style of tank resembles an agricultural silo, a feature that still exist in many areas of the town's landscape. 12. Impact on Historic and Archaeological Rfixnurr^ v A letter, ^ted June 8,2001, was sent to the New York State Office of Parks, Recreation and Hi^onc Preservation requesting identification of any buildings, sites or districts listed on the State orNationm Registers of Historic Places contiguous to the project area. Per their recommendation, a ^ase lA i^chaeological Sensitivity Assessment was completed. That study recommended that a Pn^e IB field investigation be performed. The field testing will be performed in the near future and prior to the start of construction. While the Phuse lA study recommended the field testing, it also suggested that cultural resources in the area will likely be unaffected by this project. However, if the field tests encounter cultural resources, a Phase II, Site Evaluation will follow to determine the integrity, limits, structure, lunction and cultural/historical context of the archaeological site per the specifications set out in Standards for Cultural Resource Investigations and the Curation of Archaeological Collections h^ew Y^k State by the New York Archaeological Council and adopted by the New York State Office of Parks, Recreation and Historic Preservation. J 7. Noise and Odor Impacts The proposed project will generate noise above the local ambient levels for noise outside of s^ctures. The nature of the impact will be short term, occurring only during the construction phase of the project. Impacts will be migitated to some extent by the construction schedule of day time hours and Monday through Friday workweeks. J9. Impact on Growth and Character of Community nr Nei^hhnrhond The single most important reason to implement this project is the positive impact that it will have on many residents of the Town of Ulysses who have for many years struggled to have a safe and adequate supply of drinking water. Residents of the hamlet of Jacksonville have watched their (^mmumty change from impacts of underground gasoline spills. Potential new residents drawn to the hamlet for its attractive rural community lifestyle are wary when they leam of the uncertainity of the quality of drinking water. The growth or change in character that may result from the installation of municipal water will be guided by the Town of Ulysses Comprehensive Plan and the new zoning ordinance, currently under production Through the planning process for both of the documents the residents desire to OTowth ofri? agnculti^ atmosphere of the town has and will set the direction for futureSS!! I commumty. Large-scale developments are not in keeping with the character of theby the goals and objectives set forth in the comprehensive plan the availability of safe and reliaXXnXg Xr willthus be m keeping with the scale of development that presently exists in the toZ 12-12-79 (3/99)-9c SEQR State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non-Significance Project Number Date: 8-14-01 Artini pursuant to Part 617 of the implementing regulations pertaining toArticle 8 (State Environmental Quality Review Act) of the Environmental Conservation Law n ^ of Ulysses Town Council as lead agency, has determined that thepropos^ action described below will not have a significant'environmental impact and a Draft Impact Statement will not be prepared. Name of Action; Formation of Water District No. 3 SEQR Status:Type 1 Unlisted 0 □ Conditioned Negative Declaration: □ Yes [✓1 No Description of Action: Installation of approximately 9.2 miles of 8": 10" and 1*2" water main, 260,000 (approx.) qaiion storage tank and booster pump station., Location: (include street address and the name of the municipality/county. A location map of appropriate scale is also recommended.) Trumansburg Road and Others, T. Ulysses, T. Ithaca and Tompkins County. SEQR Negative Declaration Page 2 of 2 Reasons Supporting This Determination:(See 617.7(a)-(c) for requirements of this determination ; see 617.7(d) for Conditioned Negative Declaration) The Town of Ulysses has considered the criteria listed on 6NYCRR 617.7 (a)-(c) in relation to the imoact-; that m^,v/ daterminid that it wNI not have a s^nificlT ' nTprSL? environment. In considering reasonable related long-term, short-term, and cumulative effects ofpotential consequences, the Town of Ulysses Town Council has determined that there will not be a substantial ffew days ^ ^ place for more than hoSre^We'nfiaMan^r ZT ^®®'dential areas and Is not expected to signincantlydevetopment expected to significantly decrease agricultural lands due to Increased identified potenUal areas of archeologlcal concern within the project area and has Sifp^e^e'allo^N'^^^S^ Office'ofVarks, Recreatbn andthe arc^eolS a^^^^^^ complete a Phase 1B Cultural Resources Survey In accordance withUlvsses wNlTrlL^^^^^^^^ P®°l3ratlon not withstanding, the Town ofror™,t Ii rc a to ensure that this project will have no significant Impact on culturalresources identified within the project area, as the NY8 OPRHP may require. ignnicani impact on cultural nrnterHfh!;^ a 7°"" determined that a portion of this project Is contiguous to an agricultural district This agncultural lands. The Town of Ulysses has prepared and filed a preliminary notice of Intent with the New York State uprSbt flTtb?" declaraton a fm:, noILl ™ IpS'ate and thM this"nr77frfJr" ® 'his Notice of Determination of Non-Slgnlflcance Isppropnate and that this proposed project is not expected to cause significant adverse effect on the environment. iLntriV ramment'lenbH^n 7? a"®®hment the specific mitigation measures Imposed, andIdentify comment penod (not less than 30 days from date of pubication In the ENB) For Further Information: Contact Person: Mr. Douglas Austlc Address; 10 Elm Street, Trumansburg, NY 14886 Telephone Number; 607-387-5767 For Type 1 Actions and Conditioned Negative Declarations, a Copy of this Notice Is sent to: Chief Executive Officer. Town / City / Village of (See Attached) Other involved agencies (If any) (See Attached) Applicant (If any) Environmental Notice Bulletin, Room 538, 50 Wolf Road, Albanv NY. 12233-17.10 fTvnn One Actions onh Town of Ulysses Water Rents Dates 11/13/2007 12/1/2007 12/17/2007 12/20/2007 12/20/2007 12/31/2007 3/1/2008 3/19/2008 3/31/2008 6/1/2008 6/30/2008 7/1/2008 9/1/2008 10/10/2008 12/1/2008 12/4/2008 1/1/2009 2/12/2009 3/1/2009 3/30/2009 3/31/2009 6/1/2009 6/11/2009 7/1/2009 9/1/2009 10/1/2009 10/5/2009 12/1/2009 12/30/2009 1/1/2010 2/18/2010 Accrued $ 8,698.04 $ 869.80 $ 9,316.98 $ 931.70 $ 9,317.33 $ 931.73 $ 11,400.12 $ 1,140.01 $ 9,425.25 $ 942.53 $ 10,972.23 $ 1,097.22 $ 12,705.38 $ 1,270.54 $ 13,963.80 $ 1,396.38 $ 13,189.03 $ 1,318.90 Paid $ (6,654.46) $ (1,112.54) $ (2,065.28) $ (9,516.31) $ (7,532.95) $ (7,205.80) $ (6,784.76) $ (10,972.23) $ (12,705.38) $ (13,963.80) $ (10,022.81) S (3,166.22) Balance 16,338.14 8,698.04 (6,654.46) (1,112.54) (2,065.28) 869.80 9,316.98 (9,516.31) 931.70 9,317.33 (7,532.95) 931.73 11,400.12 1,140.01 9,425.25 (7,205.80) 942.53 (6,784.76) 10,972.23 $ (10,972.23) $ 1,097.22 $ 12,705.38 $ (12,705.38) $ 1,270.54 $ 13,963.80 $ 1,396.38 $ (13,963.80) $ 13,189.03 $ (10,022.81) S 1,318.90 $ (3,166.22) $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ beginning balance dec 07 billing cash receipt adjustment bill adjustment penalty penalty mar 08 billing cash receipt penalty jun 08 billing cash receipt penalty sept 08 billing penalty 12/1/08 billing cash receipt penalty cash receipt 3/1/09 billing penalty 6/1/09 billing cash receipt penalty 9/1/09 billing penalty cash receipt 12/1/09 billing cash receipt penalty cash receipt $108,886.97 $ (91,702.54) $ 33,522.57 ending balance TOWN OF ULYSSES 10 Elm Street Trumansburg, NY 14886 (607) 387-5767 Fax (607) 387-584:3 July 10, 2003 T//6 D3 i SEP 18 Am»T. Town of Lansing Box 186 Lansing, New York 14882 Dear Mr. Farkas, It has become evident that possibility of the water supply for the Ulysses Water District # Southern Caj^ga Lake Interr^^cipal Wate^ColSion f the original plan this was not the case and your municipality was not project ® SCLIWC, and with the likelihood that the uTv^Ps wil eventually be the SCLIWC plant at Bolton Point, the Town of FnHof d J f mterested/involved agencies to include your municipality revtw Td^' f ° r® information regarding the Town of Ulysses SEQRAview conducted m August of2001 for the formation of Ulysses Water District # 3. We would appreciate aiiy comments you have on the review for our records. If you need y re mfomation please call the town clerk with your requests at 387-5767. Si^ely, / Doug Austic, Ulysses Town Supervisor Ulysses Water Dist4 Supply Agreement; wp8.0; Hal; JCB Ithaca General; October 23,2003 (5:48PM) hereunto affixed, and this agreement to be signed by their duly authorized officers as of the date and year first written above. TOWN OF ITHACA Town Supervisor ^ APPROVED this day of 2003 SOUTHERN CAYUGALAKE INTERMUNICIPAL WATER COMMISSION TOWN OF ULYSSES, on its own behalf and on behalf of TOWN OF ULYSSES WATER DISTMCT NUMBER 4 Toyvn Supervisor Chairman ?age 7 of 7 WATER SERVICE AGREEMENT TfflS 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 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 y 200^, 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 froth and agreed upon, the parties agree as follows: 1. Ithaca hereby agrees to sell and fiimish 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 3,000 gallons in any 24 hour period. 3. The water so furnished shall be supplied by Ithaca to Ulysses at Ithaca'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 purposes of this agreement, whenever references below assume master meter readings, such provisions shall be deemed to include any alternative measures of consumption implemented Page 1 of 1 Ulysses Water Dist4 Supply Agreement; wp8.0; Hal; JCB Ithaca General; October 23, 2003 (5:48PM) 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 waer main on the 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 1" 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 atuium, 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 (except 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 Page 2 of 7 Ulysses Water Dist4 Supply Agreement: \vp8.0: Hal; JOB Ithaca General; October 23. 2003 (5:48PKI) 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 as to minimize waste fi"om 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 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. (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 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 Page 3 of 7 Ulysses Water Dist4 Supply Agreement; \^8.0; Hal; JCB Ithaca General; October 23, 2003 (S :48PM) 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 fi"om 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 fijlly 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 neceissary 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 fi"om 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 fi^om 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. n 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 Page 4 of 7 Ulysses Water Dist4 Supply Agreement; vp8.0; Hal; JCB Ithaca General; October 23. 2003 (5:48PM) operation of SCLIWC as presently amended (the "Intermunlcipal 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. The maximum amount of daily gallons the Commission will provide for transmission to Ulysses will not exceed 162,000 gallons per day without the consent of all of the Member Municipalities. 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. Page 5 of 7 Ulysses WaterDist4 SupplyAgreement; wp8.0; Hal; JCB Ithaca General; October 23, 2003 (3:48PM) (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 Commissions'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 fi^om 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 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 indemnity 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 pro"vision 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 Page 6 of 7 BARNEY, GROSSMAN, DUBOW & MARCUS John C. Barncy Peter g. Grossman Davio a. Dubow Randall b. Marcus Jonathan a. Orkin Kevin A. Jones ATTORNEYS AT LAW SENECA BUILDING WEST SUITE 400 119 EAST SENECA STREET ITHACA, NEW YORK 14050 (607) 273-6841 0" W 11 .^"Op (607) 272-ee06 NOT FOR SFRVirP OF PAPFBS' ji ITHACA CLE«^K December 2, 2003 Honorable Catherine Valentino Town Supervisor Town of Itliaca 215 North Tioga Street Ithaca, New York 14850 Re: Water Service Agreements Between the Town of Ithaca and the Town of Ulysses Dear Cathy: Enclosed for filing in the records of the Town of Ithaca are two Water Service Agree ments between the Town of Ithaca and the Town of Ulysses, the first relating to Ulysses Water District No. 3 and the second relating to Ulysses Water District No. 4. These are original documents and should be kept in a safe place. By copy of this letter, I am sending a copy of each agreement to Dan Walker and I am also letting Tee-Ann know that I sent the originals to you so that you and she can arrange to have them filed appropriately in the Town's records. With warm regards. Sincerely yours. JCB:sls Enclosures xc: Ms. Tee-Ann Hunter Mr. Dan Walker (w/agreements) John C. barney - Peter 6. grobsman David A. Dubow Randall B. Marcus Jonathan a. Orkin Kevin a. Jones BARNEY, GROSSMAN, DUBOW & MARCUS Attorneys At Law SENECA BUILDING WEST SUITE 400 119 EAST SENECA STREET ITHACA. NEW YORK 14850 Facsimile (607) 272-6606 (NOT FOR SERVICE OF PAPERS) (607) 273-684 1 December 2, 2003 HAND DELIVERED Bruce D. Wilson, Esq. 103 West Seneca Street, #305 Ithaca, New York 14850 Re: Town of Ulysses - Town of Ithaca - Water District Dear Bnice: I am pleased to enclose two original Water Service Agreements between the Town of Ithaca and die Town of Ulysses, the first relating to Water District No. 3 and the second relating to Water District No. 4. As you can see these agreements have both been approved by the Southern Cayuga Lake Intermumcipal Water Commission. Thanks for your help in connection with these agreements. With best regards. Very truly yours. JCB:sls Enclosures xc: Supervisor Catherine Valentino WATER SERVICE AGREEMENT THIS AGREEMENT made as of the day of . 2003 between the TOWN OF ITHACA, a municipal corporation with oflBces 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". 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. 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 froth 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 159,000 gallons in any 24 hour 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 to Ithaca without further payment by Ithaca by customary warranty deed conveying good and marketable title free Page I of 8 Ulysses Water Supply Agreements:JCB Town of Ithaca General; Hal; WP 8.0; October 23, 2003 (S'.SQPh^ 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. i ^ g 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 Page 2 of 8 Ulyssts iVater Supply Agreements;JCB Town of Ithaca General; Hal: WP8.0; October 23, 2003 (S:5QPM) line running from said pump station to the Ithaca-Ulysses town line. The amount used by the Itoca customers shil be determined based upon the meter readings at^fli^ustomers* locations. There sh^ dso be credited against water charge to Ulysses the estimated amounts of any water that comes out of the water main between fee 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 soufii of the Ul>^s-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 fi"om 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 optior^ dth^^arty may place master meters at the line and ^when operational, such meters shall be used to calculate consumption instead of the retail meters and estimates set forth above. 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 ch^ge on January 1, 2004, shall be on at least 45 days advance notice to Ulysses to allow Ulysses to notifV 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 1" 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 comer of Iradell and North Van Doms Road to provide pressure for the WolffLane 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 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 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. Page 3 of 8 Ulysses Water Supply Agreements; JCB Town of Ithaca General; Hal; WP 8.0: October 23, 2003 (5:50PM) 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 fiilly 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 town line, in a good and 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 obligated 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 improvments, among the points to be considered in the negotiations would be the appropriateness of Ulysses paying a portion of the capita! 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. (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 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, 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. Page 4 of 8 Utysses Water SupplyAgreements; JCB Town of Ithaca General: Hal; WP 8.0: October 23, 2003 0:50PM) (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 Tovwi. 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 fiiture 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 Page 5 of 8 Ufysses Water Supply AgnementS; JCB Town of Ithaca General; Hal; WP 8.0; October 23, 2003 (5:50PM) 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 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, or, filing 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 Commissions's rules and regulations, or fails to pay for water transmitted to Ulysses on a timely basis. Ithaca agrees it will not suspend Page 6 of 8 Ulysses Water SupplyAgreements: JCB Town of Ithaca General; Hal; WP 8.0; October 23, 2003 (5;50PM) 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 ^minished for any reason ^atsoever, temporarilyj)r long-telro, Ulysses agrees that waterwill be supplied first to the existing customers of the Commission Member Municipalities before being supplied to customers of Ulysses. If necessaf^to provide water to the mOTiber 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 eflForts to— protect the supply of water to Ulysse^not inconsistent with the safety of Ithaca^ own customers. In applying use restrictions or conservation measures, to the extenTreasonably possible, Ithaca will endeavor apply no more limiting restrictions on Ulysses than it applies to its own customers. 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 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. 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 willfiil 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 Page 7 of 8 Ulysses Water Supply Agreements; JCB Town of Ithaca General; Hal; WP 8.0; October 23, 2003 (S:50PKI) and year first written above. TOWN OF ITHACA By Town Supervisor TOWN OF ULYSSES, on its own behalf and on behalf of TOWN OF ULYSSES WATER DISTRICT NUMBER 3 By- h Supwvisor APPROVED this 2:^ day of W 2003 SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER COMMISSION By: Chairman Page 8 of 8