Mohawk Valley Water Authority – November 16, 2009

Chairman DeLia called the meeting to order at 5:05 PM and opened with the Pledge of Allegiance.

Roll Call: Present: Rocco Arcuri, Bruce Brodsky, Elis DeLia, George Gaston, A. Eugene Snyder, Bette Szesny and Michael Wicks. Absent: Vincent Coyne, Nathaniel Price, Don Ryan, Frank Trevisani and John Wallace. Also Present: Edward Earl and James Korfonta.

Chairman DeLia presided and Suzanne Harmon took the minutes.

Approval of the October 19, 2009 Minutes:

Motion made by Mr. Brodsky to approve the minutes. Seconded by: Mr. Gaston

Vote: (7) Ayes (0) Nays (0) Abstain (5) Absent

Motion Carried.

Review and Approval of 1^st and 2^nd Quarter Investment Statements

Mr. Korfonta stated that this is an investment statement of the MVWA trust funds. The Public Authorities Law requires that the MVWA provide the Board with statements every quarter for approval, these statements are as of June 30, 2009 and September 30, 2009.

Motion made by Mr. Gaston to approve the 1^st quarter. Seconded by: Mr. Brodsky

Vote: (7) Ayes (0) Nays (0) Abstain (5) Absent Motion Carried.

Motion made by Mr. Brodsky to approve the 2nd quarter. Seconded by: Mr. Arcuri

Vote: (7) Ayes (0) Nays (0) Abstain (5) Absent Motion Carried.

Committee Reports:

Capital Projects: Mr. DeLia stated that the committee did not meet this month due to a lack of agenda items.

Budget and Finance: Mr. Korfonta stated that the committee met right before the Board meeting. Consumption continues to go down and will continue to monitor. Revenue is still on track and the MVWA is cautiously optimistic. Expenses are reasonable for this time of the year. Mr. Arcuri will bring a streamlined monthly financial report to the next Board meeting.

Chairman DeLia will send a memo with three dates for a special meeting regarding the rate model.

Personnel Committee: Mr. Becher stated that the committee did not meet this month. Operations: Mr. Becher stated that the committee tried to meet and the committee did not have a quorum.

Executive Director’s Report:

• The Hinckley working group will be having another meeting next week to confirm some consensus on the watershed and if anything comes out of that Mr. Becher will inform the Board.
• There is a meeting scheduled in Albany in 2 weeks, which will be chaired by someone from the Governor’s office. Attending the meeting will be the Canal Corporation, Department of Health, DEC, Chairman DeLia, Dick Goodney and Pat Becher.
• The MVWA has not heard back from the court yet on the re-argument of what the historic daily water use is. Judge Hester has not come out with his ruling yet.
• Erie Hydropower filed a Notice of Claim against the State of New York. That is being handled by the Attorney General’s office.

Old Business:

Mr. Becher stated that the next vehicle auction will be held next week by J.J. Kane in Rome. The last auction was on a trial basis, which went well and Mr. Becher recommends going with JJ Kane again. Mr. Arcuri suggested looking at the book value of each vehicle before going to auction to see what our return is.

Motion made by Mr. Arcuri to go with J.J. Kane. Seconded by: Mr. Brodsky

Vote: (7) Ayes (0) Nays (0) Abstain (5) Absent Motion Carried.

Ted Earl suggested amending the policy on Surplus Property.

Dr. Wicks wanted to know what the status was regarding Valley View Golf Course using water from Southern Reservoir to water their greens and fairways. Chairman DeLia stated that Mr. Becher will contact the City of Utica to discuss this further.

Chairman DeLia stated that the Board will be going into Executive Session to consult with the MVWA attorney to discuss litigation.

Motion made by Mr. Brodsky to go into Executive Session at 5:30 PM. Seconded by: Dr. Wicks.

Vote: (7) Ayes (0) Nays (0) Abstain (5) Absent Motion Carried.

Executive Session:

Went into executive session at 5:34 PM. Motion made by Mr. Brodsky to come out of executive session at 5:57PM. Seconded by: Mr. Gaston.

In Executive Session the Board voted unanimously to accept a proposed settlement with Granny’s Kitchen.

The meeting was adjourned at 5:58 PM.

Respectfully submitted,

__________________________

Suzanne M. Harmon, Secretary

Mohawk Valley Water Authority