Supervisors WALDRON AND ARGOTSINGER offered the following Resolution and moved its adoption:

RESOLUTION AUTHORIZING A “SMART WATERS” MEMORANDUM OF AGREEMENT BETWEEN THE COUNTY OF FULTON, CITY OF JOHNSTOWN COMMON COUNCIL, AND JOHNSTOWN WATER BOARD

WHEREAS, Resolution 213 of 2013 authorized a contract with Environmental Design Partnership, LLP (EDP) to prepare a model for Fulton County’s “SMART Waters” System; and

WHEREAS, EDP’s Findings Report titled, “SMART Waters: A Regional Model for Water and Wastewater Services in Fulton County, NY” concluded that a regional water and wastewater system can be successfully implemented by Fulton County and provide economic benefits for the Region by promoting land development; and

WHEREAS, Resolution 163 of 2014 supported the creation of a regional water and wastewater system in Fulton County and authorized the commencement of discussions with the Cities of Gloversville and Johnstown, Villages of Broadalbin, Mayfield and Northville, Town of Northampton, Gloversville-Johnstown Joint Wastewater Treatment Facility, City of Amsterdam, Hudson River-Black River Regulating District and any other appropriate municipalities/organizations; and

WHEREAS, representatives of Fulton County and City of Johnstown officials have met periodically for several months to negotiate a Memorandum of Agreement that establishes terms and conditions for a formal Inter-municipal Cooperation Agreement that will govern the purchase of excess water capacity by the Fulton County Water and Sewer Agency from the City;

WHEREAS, on January 18, 2018, the City of Johnstown Water Board approved the aforementioned Memorandum of Agreement; and

WHEREAS, on January 18, 2018, the City of Johnstown Common Council approved the aforementioned Memorandum of Agreement; now, therefore be it

RESOLVED, That said Memorandum of Agreement, shall include the following terms, conditions and responsibilities:

CITY RESPONSIBILITIES:

  1. The CITY shall supply up to 200,000 gallons of water per day, on a 30-day average, to the Fulton County Water and Sewer Agency to use anywhere in Fulton County. (See attached Exhibit 1.)
     
  2. The CITY shall charge customers of the Fulton County Water and Sewer Agency the in-City rate charged to residential customers within the City of Johnstown plus an additional rate equal to 7.5% of the CITY’s In-City rate to cover additional testing costs the WATER BOARD may incur.
     
  3. In accordance with Section 13 of the Gloversville-Johnstown Joint Sewer Contract dated May 22, 1964, the CITY hereby consents to and approves allowing the COUNTY to extend CITY sewer lines outside the City to any property in the COUNTY.
     
  4. The CITY agrees to terminate the existing 2005 Water Supply Agreement between the COUNTY, CITY and WATER BOARD and execute a new 40-year Inter-Municipal Agreement between the COUNTY, CITY and WATER BOARD to sell water to the COUNTY in accordance with this MOA.

WATER BOARD RESPONSIBILITIES:

  1. The WATER BOARD shall supply up to 200,000 gallons of water per day, on a 30-day average, to the Fulton County Water and Sewer Agency to use anywhere.
     
  2.  As of January 1, 2019, the WATER BOARD shall take over ownership and operation and maintenance responsibilities of the existing waterline, pump station, elevated tank and hydrants servicing Fulton County Water District No. 1. This includes meter readings and billing of existing customers.
     
  3.  The WATER BOARD shall, after the 1-year warranty has expired on any new water infrastructure installed by the COUNTY for water services stemming from the water supply from the CITY, take over ownership of this new infrastructure. Water infrastructure includes waterlines, valves, hydrants, pumps, pump stations, water storage tanks and related items transporting water the COUNTY purchases from the WATER BOARD.
     
  4. The WATER BOARD shall be responsible for the operation, maintenance, repair and cost of all new water infrastructure installed by the Fulton County Water and Sewer Agency for water services stemming from the water supply from the CITY.
     
  5. The WATER BOARD agrees to terminate the existing 2005 Water Supply Agreement between the COUNTY, CITY and WATER BOARD and execute a new 40-year Inter-Municipal Agreement with the CITY and COUNTY to sell water to the COUNTY in accordance with this MOA.


COUNTY RESPONSIBILITIES:

  1. The COUNTY shall provide the City of Johnstown with 1.5% of the COUNTY’s undistributed portion of the 1% additional County Sales Tax imposed in 2005.
     
  2. The COUNTY, acting through the Fulton County Water and Sewer Agency, shall add an Administrative Surcharge equal to 17% of the City’s in-City rate to water sold to its customers. The revenue from the Administrative Surcharge shall be paid to the CITY on an annual basis.
     
  3. The COUNTY shall provide a 50% exemption from COUNTY property taxes on watershed properties currently owned by the CITY. (See Exhibit 2.)
     
  4. The COUNTY shall pay for the cost of extending City of Johnstown water and sewer lines under and to the east side of NYS Route 30A to service tax parcel 174.-2-64 in the Town of Johnstown as stipulated in the 1989 Inter-municipal Agreement between the City of Johnstown and Town of Johnstown if the parcel is ready to be developed.
     
  5. The COUNTY agrees to terminate the existing 2005 Water Supply Agreement between the COUNTY, the CITY and WATER BOARD and execute a new 40-year Inter-Municipal Agreement with the CITY and WATER BOARD to purchase water from the CITY and WATER BOARD in accordance with this MOA.

and, be it further,

RESOLVED, That based upon the recommendation of the Committees on Economic Development and Environment, and Finance, the Chairman of the Board, be and hereby is, authorized to sign a SMART Waters Memorandum of Agreement, between the County of Fulton, City of Johnstown Common Council, and the Johnstown Water Board; subject to approval of the County Attorney; and, be it further

RESOLVED, That copies of this Resolution be forwarded to the County Treasurer, Planning Director, City of Johnstown Common Council, Johnstown Water Board, Town of Johnstown, Fulton Montgomery Regional Chamber of Commerce, Fulton County Center for Regional Growth, Budget Director/County Auditor and Administrative Officer/Clerk of the Board.

Seconded by Supervisor CALLERY and adopted by the following vote:
TOTAL: Ayes: 19 Nays: 0 Absent: 1 (Supervisor Fagan)