Mohawk Valley Water Authority – August 20, 2007

Chairman Gaston called the meeting to order at 5:03 PM and opened with the Pledge of Allegiance.

 

Roll Call:  Present: Rolf Buchner, Vincent Coyne, Elis DeLia, George Gaston, Joseph Hobika, Jr., Nathaniel Price, Millicent Rader-Harris, Donald Ryan, A. Eugene Snyder and Bette Szesny.  Absent: Frank Trevisani.  Bruce Brodsky arrived after roll call was taken.  Also present: Patrick Becher, Edward Earl, James Korfonta, Steve Gassner, Dick Goodney and Donald Weimer.   

Chairman Gaston presided and Suzanne Harmon took the minutes.

 

Public Comment Period:  Mr. Iwanyszyn of Matthews Avenue in Utica asked the Board “Why was the Gray Dam taken down”.  Mr. Becher stated that the MVWA is in litigation at the present time with the NY State Canal Corporation and could not discuss the issue.  Chairman Gaston thanked Mr. Iwanyszyn for coming.

 

Approval of the June 18 and July 16, 2007 Minutes:

Motion made by Ms. Szesny to approve the June 18, 2007 minutes.  Seconded by: Mr. Ryan.

Vote:  (10) Ayes  (1) Nays (Mr. Hobika, Jr.)   (1) Absent     Motion Carried.

Motion made by Ms. Rader-Harris to approve the July 16, 2007 minutes.

Seconded by Mr. Brodsky.

Vote:  (10) Ayes  (0) Nays    (1) Absent  (1) Abstain (Mr. DeLia)    Motion Carried.

 

Executive Session:

Motion made by Mr. Coyne to go into Executive Session at 5:08 PM to receive an update on the litigation with the NYS Canal Corporation from John Murad of Hancock & Estabrook.  Seconded by Mr. Price.

The Board came out of Executive Session at 5:30 PM.

 

Presentation of the Annual Financial Audit & Management Letter by Dermody Burke & Brown:

Brian DuMond from Dermody Burke & Brown stated that a management letter was issued to management by the auditors and items were discussed.  The audit went very smoothly this year and Dermody Burke & Brown had full cooperation from the staff and management of the MVWA.

Mr. DuMond read paragraph three from the Independent Auditor’s Report “In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of the Water Authority as of March 31, 2007 and 2006 and the results of its operations and cash flows for the year then ended, in conformity with auditing standards generally accepted in the United States of America.”  Mr. DuMond stated that is the highest level opinion that they are allowed to give.   

 

Review and Approval of Whistleblower Policy:

Mr. Coyne stated that the Personnel Committee reviewed the policy and made some changes.  The compliance officer will notify the Chairman of the Board of any violation that he is examining, the Chairman will then decide what action to take and who should be involved.  Mr. Brodsky made a motion to approve the policy.  Seconded by Mr. Coyne.    

Vote:  (10) Ayes  (0) Nays   (2) Absent  (Mr. Hobika, Jr. & Mr. Trevisani)    Motion Carried.

 

Code of Ethics:  Mr. Coyne stated that the committee looked at the Ethics Code and feels that it should be adopted formally by the Board.  Mr. Coyne moved to adopt the Code of Ethics, as attached, as a standard of conduct by all employees and the Board.  Seconded by Mr. DeLia.

Mr. Brodsky recommends that the statement from the Whistleblower Policy be added to the Code of Ethics stating that the organization has an open door policy concerning suggestions and complaints.  Mr. Coyne re-stated the motion and seconded by Mr. DeLia.

Vote:  (10) Ayes  (0) Nays   (2) Absent  (Mr. Hobika, Jr. & Mr. Trevisani)    Motion Carried.

 

Mr. Snyder suggested that all copies of resolutions, policies, etc. be stamped draft and dated until they are adopted by the Board.  The Board agreed.  

 

Mr. Coyne asked if the Whistleblower Policy applied to the Board.  Mr. Earl stated that the purpose of the Whistleblower Policy was to prevent retaliation against an employee but there can be no retaliation against a Board member because board members are appointed by municipalities or offices thereof.  Therefore, it does not apply to the Board.

 

Resolution:  Waive Frontage Requirement for Water Service Line for Mr. Ritzel

Mr. Ritzel’s property on Ferguson Road, Town of Frankfort is requesting a waiver of the MVWA Board practice requiring ownership of frontage adjacent to a water main as a requirement for a water tap to that main.  Conditions under which the MVWA is being requested to waive its requirements: 1) the service line and meter pit installation be constructed and inspected, 2) the easement for the water service line includes both the service line and the meter pit locations and 3) Mr. Ritzel agrees to obtain a tap from the new main on Ritzel Court and terminate the tap for his home from Ferguson Road at his sole cost.

Motion made by Mr. Coyne.  Seconded by Mr. Ryan.

Mr. Brodsky would like to go into Executive Session to discuss some issues regarding the relationship to the lawsuit.

Mr. Snyder would like the Board’s attorney to review the easement.

Mr. Brodsky moved to table this Resolution.  Seconded by Mr. Snyder. 

Vote:  (10) Ayes  (0) Nays   (2) Absent  (Mr. Hobika, Jr. & Mr. Trevisani)    Motion Carried.

 

Committee Reports:

Capital Projects:  Mr. DeLia stated that the committee did not meet this month.     

Budget and Finance:  Mr. Brodsky stated that consumption is equal to last year.  Billings and cash receipts are ahead of the previous year and both are positive for the current year.  Mr. Snyder stated that “user friendly” should become a very strong words with the MVWA.  Mr. Brodsky wants to remind the staff that budget requests from department heads to the Comptroller are due August 24, 2007.

Personnel Committee:  Mr. Coyne stated that the committee met to discuss the Whistleblower Policy and Code of Ethics, which were presented and voted on earlier in the meeting.  

Operations:  Mr. Price stated that the committee met on Friday, 8/3.  The staff has been looking at possible ways to assist customers who have a leak on the private side of the service.  The current practice is to inform the customer that the leak must be fixed or the water will be shut off in the near future.  The committee decided that there would be substantial liability exposure from being associated with work on private property.  The committee has requested that staff assemble a comprehensive informational package that will guide customers through the process of hiring a contractor.  It is expected to be ready for review within the next 60 days.   

 

Executive Director’s Report: 

• Mr. Becher stated that there was an informational meeting at Herkimer County Community College hosted by Assemblyman Butler on August 16, 2006.  Mr. Becher and Mr. Goodney attended the meeting which they thought was going to be an informational  meeting followed by questions and answers and it turned into a public hearing.  The Canal Corporation was also invited to the meeting.  Mr., Becher displayed a scale model of Hinckley Reservoir that he built and stated that the problems on the West Canada Creek are due to the releases from Erie Boulevard Hydro Power.  Erie Boulevard Hydro Power’s prices fluctuate all day long depending on peak demand times.  Erie Boulevard holds the water back when the price is down and releases more water when the price is up.  This never used to be the case when sales of hydropower from the Trenton Falls and Prospect plants were made under long term power purchase agreement.  Closing remarks were made by Butler and Townsend.  New York Rivers United was also at the meeting.  Mr. Snyder stated that the public should go to their politicians and ask them to stop playing politics with their drinking water.    Mr. Snyder commended Mr. Becher for going to the meeting and presenting the facts.

 

Ms. Rader-Harris stated that Mr. Edwards handed her a folder with documents pertaining to the Gray Reservoir at the HCCC meeting.  Ms. Rader-Harris thinks that the issue for many people is that the Gray Reservoir is the one thing they had ownership of and now it’s gone.

 

Mr. Coyne requested that the Board direct Mr. Becher to spend his time in the office and focus on the daily MVWA business.  Mr. Coyne commended Mr. Becher for all of the work he has done in trying to educate the pubic on the pending water issues.

 

Old Business:  Ms. Rader-Harris passed around articles regarding 1) Water customers have option of replacing lead pipes, dated 9/1/98, 2) Local water board needs to follow progressive model, dated 3/20/0 and 3) June 2, 1998 from Ted Earl, Board Attorney, Subject: Program for replacement of residential lead pipe service from curb box to water meter, Section 1226f23 of the legislation creating the Water Board states that the Board has the power.

 

Mr. Snyder passed around a plastic water bottle with a MVWA logo on it and asked the Board if they were interested in looking into the sale of water bottles. 

 

New Business:  Mr. DeLia stated that the Chamber hosted a meeting to discuss local issues with the Governor recently.  Mr. DeLia and Mr. Becher also met with Dan Gunderson who works for the Governor.  The Governor must get involved or economic development will be hindered if Assemblyman Butler and Townsend keep putting forth false information regarding the water issues.  The Governor stated that he will look into this and come up with a resolution.

 

The next Board Meeting is scheduled for September 17, 2007 at 5:00 PM.

 

Mr. Coyne moved to adjourn the meeting and go into Executive Session to discuss item # 7 on the agenda.  Seconded by Mr. Brodsky.  The meeting was adjourned at 7:05 PM.

 

Executive Session:   

A motion was made by Mr. Brodsky to table item #7 on the agenda “Waive Frontage Requirement for Water Service Line for Mr. Ritzel” and will be deferred to the DEC for guidance. 

Seconded by: Mr. Snyder.   

Vote:   (10) Ayes   (0) Nays   (2) Absent  (Mr. Trevisani and Mr. Hobika, Jr.)

Motion Carried.

The Board came out of Executive Session at 7:28 PM.

 

Respectfully submitted,

 

 

__________________________ 

Suzanne M. Harmon, Secretary 

Mohawk Valley Water Authority