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REGULAR TOWN BOARD MEETING Inter-municipal
Agreement with Village of New York Mills (sanitary sewer
system)
Upon recommendation of the Highway Superintendent, Councilman Payne offered the following Resolution for adoption; seconded by Councilwoman Krupa: (RESOLUTION NO 69 OF
2008) RESOLVED that the Town Board of the Town of New Hartford does hereby approve and does hereby authorize and direct the Town Supervisor or, in his absence, the Deputy Town Supervisor to enter into and to execute an Inter-Municipal Agreement between the Town of New Hartford and the Village of New York Mills, as follows: WHEREAS, flow from the Village’s sanitary
sewer system is transported to the Sauquoit Creek Pump Station;
and WHEREAS, a 1982 Sewer System Evaluation
Survey (SSES) (Hazen and Sawyer, P.C., Stetson-Dale, Project No. C36-1032-1) in
the Village, identified approximately 403,630 gallons per day (“gpd”) in excess
infiltration and inflow (“I/I”) entering the Village’s sanitary sewer system;
and WHEREAS, the Village has publicly bid a
construction contract (Contract #2, Sanitary Sewer Sealing [2007]) for the
removal of said excess I/I, and determined the low, responsive, responsible
bidder to be National Water Main Cleaning Co., at a total bid price of
$31,009.55; and WHEREAS, the Village has extended an offer to the
Town to participate in removing the identified 403,630 gallons of excess I/I
from the Village’s sanitary system, and further, in consideration of the Town’s
participation, the Village has agreed to relinquish to the Town all right, title, interest and claim to the resultant 80,726
gpd of offset flow credits calculated in accordance with the 5:1 offset ratio
required under Consent Order R6-20060823-67; and WHEREAS, in letter dated October 25, 2007 from the
New York State Department of Environmental Conservation Regional Water Engineer,
Steven Botsford, to Steven Devan, Oneida County Commissioner of Water Quality
and Water Pollution Control, the NYSDEC states it has reviewed the methodology
used in the referenced SSES and finds the calculations for estimating the
existence of the subject 403,630 gpd in excess I/I and its removal rate to be
acceptable, and goes further, to state that “in accordance with the 5:1 offset
ratio required under Consent Order R6-20060823-67, 80,726 gpd of offset flow
credits will be granted for future projects connecting to the Sauquoit Creek
Pump Station, subject to the I/I removal project, Contract #2, being completed;
and WHEREAS, the County of Oneida (“County”), as party
to Consent Order R6-20060823-67 is under obligation to submit to the NYSDEC a
plan that ensures that new connections to the Sauquoit Creek Pump Station are
offset by removal of I/I in an amount five (5) times the flow the new
connections are expected to contribute.
To that end, the County has submitted to the NYSDEC
‘INFLOW/INFILTRATION OFFSET PLAN’ dated January 4, 2008 (“Offset Plan”);
and WHEREAS, in said Offset Plan, the County has
determined a need to establish a “SEWER BANK” comprised of individual
sub-accounts for each member municipality for future economic development
projects throughout the Towns and Villages in the part-County sewer district
which connect and discharge sanitary flow to the Sauquoit Creek Pump Station;
and WHEREAS, the Town has reviewed the results of the
Village’s public bid results for Contract #2, Sanitary Sewer Sealing (2007),
under which approximately 403,630 gpd of excess I/I would be eliminated from the
sewer system, and determined that the 80,726 gallons of off-set flow credits
resulting from the work of Contract #2 is critical to the ability of the Town to
advance future economic development projects in New Hartford having sanitary
flows that are routed to the Sauquoit Creek Pump Station; and WHEREAS, the Town, in effort to initiate a proactive
response to the need to begin the process of I/I removal in the part-County
sewer district, agrees to fund the full construction cost of Contract #2,
Sanitary Sewer Sealing (2007) with the full knowledge and consent of the
Village, County and NYSDEC, subject to the following terms and
conditions:
That the County has been given notice of the within
agreement between the Village and the Town and deems same in conformity and
compliance with the provisions and mandates of the Offset Plan dated January 4,
2008, which provides in concept at paragraph 4.0 et. Seq. for the deposit of the
subject 80,726 gpd of flow credits into the Town’s individual sub-account (as
part of the District’s SEWER BANK) from which the Town can transfer and withdraw
said flow credits subject to approval from the bank
administrator. That the work of this project shall be a stand-alone
project and not relate in any manner to other I/I removal projects within the
Village that may be dictated by the County or NYSDEC, or undertaken by the
Village or private developers. That the foregoing terms, conditions and representations
represent the full, complete and entire understanding of the parties and cannot
be changed, altered or modified without the express written consent of all
parties hereto. Upon roll call, the Board members voted as follows: Councilwoman Krupa - Aye Councilman Reynolds - Aye Councilman Woodland - Aye Councilman Payne - Aye
Supervisor Reed - ABSENT. The Deputy Supervisor declared the Resolution unanimously
carried and duly ADOPTED. |
