OBSERVER Photo by Braden Carmen Village of Brocton Trustee Ed Bellando, left, and Mayor Craig Miller, right, argue over the way the Brocton-Portland water agreement process was handled.

BROCTON — The Village of Brocton has approved an agreement with the Town of Portland for a shared water system to benefit both communities. Getting to that point, however, was anything but easy.

Just seconds shy of a full hour of discussion was held at a recent Brocton Village Board meeting regarding the proposal. The Town of Portland previously approved the agreement, but Brocton took exception to the wording of some of the language and the process leading up to the presentation of the agreement.

“We walked into a meeting last month with less than two days (notice of the) information in this report,” Village Trustee Ed Bellando said. “I went to Portland’s meeting and they have been giving their people, for months, what’s going on with this. Why are we kept in the dark completely on this?”

Bellando called it “ridiculous” that meetings have been held between representatives of each Board regarding the agreement before it was presented to the entire Village Board. Sunshine laws prohibit large gatherings of Board members outside of regularly scheduled meetings.

Brocton Mayor Craig Miller responded the conversations were preliminary in nature and that he wanted to wait until more details were concrete before sharing the agreement with the Village Board. Bellando asked Portland Town Supervisor Rich Lewis, who was in attendance at the recent Brocton meeting, why he shared information with his Board in the preliminary stages. Lewis responded, “I just keep my Board apprised of everything.”

The Portland Town Board approved the agreement at its regular meeting on Aug. 14, but the Village of Brocton, which met a week later, only received the agreement two days before its meeting, according to Bellando. He stated, “There is no reason we didn’t have that here in that time.”

Bellando also criticized the chain of command with Attorney Peter Clark providing answers to Board members’ questions on Sept. 4 to the Village, but not the entire Board. The Village planned a special meeting for Sept. 4, but it was canceled due in part to unexpected health related issues Miller faced at the time. Bellando acknowledged he understood why Miller did not share the answers with the Board, but criticized Clark for not doing so.

Bellando accused Miller and Clark of hiding something from the rest of the Board and Village residents. Miller responded, “There’s nothing being hidden. … We didn’t have concrete information.”

On the heels of the escalating tension between Bellando and Miller, the next point of contention was the Oversight Committee and its appointment process. Bellando believed the wording of the agreement was not clear enough in stating that the Town Board and Village Board each have final say over any Oversight Committee matters. The Oversight Committee will consist of two members from each community to represent the interests of their respective municipalities. Bellando also was critical of awarding stipends for certain employees as detailed in the agreement.

WHY IS IT WORTH IT?

Village of Brocton Trustee Kari Doino stated that Chadwick Bay Intermunicipal Water Works (CBI) was often not helpful when questions arose. By taking over the matter, the municipalities believe that residents will have a better relationship with their water billing agency.

Tammy Thompson, a Town of Portland Board member and a business owner in Brocton, spoke on behalf of the frustration both municipalities have had with CBI. Both municipalities have already decided to exit an arrangement with CBI by the end of the year.

“We have no confidence in what they (CBI) are feeding us as residents,” Thompson said.

One of the highlights of the new agreement is to hold an open public meeting in the Village of Brocton prior to each regular Village Board meeting for water system matters and to allow for public discussion.

“I feel we need an open meeting because right now, the residents of Portland and Brocton have nowhere to ask a question about their water,” Lewis said.

Thompson acknowledged that water rates might increase initially because of more accurate readings on meters once the system is improved, but she believes residents will be more receptive of the changes because of the improved accessibility for residents who bring forward concerns.

Lewis also provided projections for both municipalities under the proposed agreement, which showed a $78,000 profit per year based off last year’s figures applied to a 25% water loss calculation. The profit would still be approximately $35,000 per year even at a 40% water loss calculation. The water funds generated in future years will sustain the program moving forward, rather than either municipality’s general fund.

Also of note, the Village recently received a letter from the New York State Department of Environmental Conservation commending the Village’s water treatment plant, with no violations. Lewis supervises the plant for the Village of Brocton.

SHARED FAITH IN LEADERSHIP

Former Brocton Trustee Dave Hazelton, a Board member of the North County Water District, voiced his support for the agreement and commended both Miller and Lewis for their efforts to move the agreement forward.

“These two guys have put in countless hours trying to resolve an issue for these two communities because they didn’t like the results that we were getting the way the process was working,” Hazelton said. “We all owe them a debt of gratitude for how hard they have worked and taken this on themselves to come up with a better plan.”

County Legislator John Penhollow echoed Hazelton’s statement. “I, individually, support what the Supervisor and the Mayor are trying to accomplish for the ratepayers, 100 percent,” Penhollow said.

Penhollow acknowledged that initially, he was hesitant to support the municipalities in their decision to leave the agreement with CBI, but after witnessing the amount of due diligence paid to the matter by Miller and Lewis, Penhollow was convinced. He referenced control over meter readings, repairs, and billing among other benefits to the joint agreement.

“I think it was a bold move that they did. I didn’t agree with it in the beginning, but after the research, the detail, and the program that they are going to put in front of you, I just can’t see how you cannot join forces with Portland together and make something better,” Penhollow said.

Village Trustee Drew Ransom spoke on behalf of the Brocton Village Board. Ransom stated, “I want to make something clear to everybody. I don’t think there is a single one of us up here who actually opposes the agreement. It’s more of the language and the wording, and some of the things that are brought up. Without having your questions fielded or having a good conversation about it, it makes it hard to say ‘Yay, let’s do it.'”

CLEANING UP THE LANGUAGE

Thompson spoke on behalf of the Portland Town Board’s decision to accept the agreement with the understanding that tweaks to the wording could be necessary.

“We realize that with some of this, we weren’t sure what to expect. We can always do an addendum, we can always make changes. I think we’re in it for the benefit of everybody,” Thompson said.

Doino pushed to approve the agreement at the recent meeting, feeling the pressure of the year nearing its end. Doino said, “I think we need to go forward with this tonight. I trust the process. There’s going to be moving parts along the way. I trust that Rich (Lewis) and Craig (Miller), and the people that have been discussing this … will get the words to our liking. If we drag our feet any longer, it’s going to cause bigger issues.”

Bellando, however, refused to approve the agreement as it stood. He referred to doing so as “signing off on a blank check. Bellando said he “would be happy to sign” an agreement with several changes made to the wording, specifically regarding the Board’s final approval of any Oversight Committee decisions and compensation of employees.

When it was all said and done, after 59 minutes of discussion, the Village Board unanimously approved the agreement with the Town of Portland, contingent upon rewording of the language to clarify the matters of contention. Deputy Mayor Bryan Woleben made the official motion, seconded by Bellando.