Motion by Mr. Simmeth seconded by Mr. Schad and carried to waive the reading of the Minutes of the Meeting held on December 21, 2017.

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1 MINUTES of the MEETING of the ERIE COUNTY WATER AUTHORITY held in the office, 295 Main Street, Room 350, Buffalo, New York, on the 11th day of January, PRESENT: Robert Anderson, Chairman Jerome D. Schad, Vice Chairman Karl J. Simmeth, Jr., Treasurer Joseph T. Burns, Secretary to the Authority Robert J. Lichtenthal, Jr., Deputy Director Earl Jann, Executive Director Terrence McCracken, Deputy Administrative Director Russell Stoll, Executive Engineer Paul Riester, Director of Administration Karen Prendergast, Comptroller Daniel NeMoyer, Director of Human Resources Jacqueline Mattina, Deputy Associate Attorney Darlene Sikorski-Petritz, Deputy Associate Attorney Richard Planavsky, Chief Business Officer Manager/Budget Director John Mogavero, Chemist/Chief WTPO Paul Whittam, Director of Water Quality ATTENDEES: Sean Dwyer Mike Wymer Gerald Summe Ashley Parslow David Krauss CALL TO ORDER PLEDGE TO THE FLAG I. - ROLL CALL II. - READING OF MINUTES Motion by Mr. Simmeth seconded by Mr. Schad and carried to waive the reading of the Minutes of the Meeting held on December 21, III. - APPROVAL OF MINUTES Motion by Mr. Simmeth seconded by Mr. Schad and carried to approve the Minutes of the Meeting held on December 21, 2017.

2 2 IV. - REPORTS A) SECRETARY B) LEGAL C) FISCAL D) OPERATIONS E) HUMAN RESOURCES F) AUDIT COMMITTEE G) GOVERNANCE COMMITTEE H) FINANCE COMMITTEE V. - COMMUNICATIONS AND BILLS ITEM 1 - Creation and/or Amendment of Master Purchase Orders: Motion by Mr. Simmeth seconded by Mr. Schad and carried to approve the creation and/or amendment of Master Purchase Order Nos. as attached not to exceed the amount of $3,937, and that the Director of Administration be authorized to execute the above and all associated documents after certifying that they are in conformity with applicable laws and the Authority s By-Laws and Purchasing Guidelines, Policies and Procedures.

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4 4 ITEM 2 - Master Purchase Order Releases, Purchase Orders and Purchase Order Amendments: Motion by Mr. Simmeth seconded by Mr. Schad and carried to approve for payment of Master Purchase Order Nos., Purchase Order Nos. and Purchase Order Amendments as attached after certification by the Comptroller that the orders are in accordance with the quotations and that the Director of Administration be authorized to execute the above and all associated documents after certifying that they are in conformity with applicable laws and the Authority s By-Laws and Purchasing Guidelines, Policies and Procedures.

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26 26 VI. - UNFINISHED BUSINESS (RESOLUTIONS 3-8) ITEM 3 - AUTHORIZATION TO REMOVE FROM THE TABLE THE FINAL ACCEPTANCE OF PROJECT WITH STC CONSTRUCTION, INC. FOR FILTER REHABILITATION, STURGEON POINT WATER TREATMENT PLANT, MAY 1, 2015 TO JUNE 30, 2016, PROJECT NO , CONTRACT NO $65, Motion by Mr. Simmeth seconded by Mr. Schad and carried to remove from the table the final acceptance of project with STC Construction, Inc. for filter rehabilitation, Sturgeon Point Water Treatment Plant, May 1, 2015 to June 30, 2016, Project No , Contract No in the amount of $65, Ayes: Three; Commrs. Anderson, Schad and Simmeth Noes: None ITEM 4 - FINAL ACCEPTANCE OF PROJECT WITH OF STC CONSTRUCTION, INC. FOR FILTER REHABILITATION, STURGEON POINT WATER TREATMENT PLANT, MAY 1, 2015 TO JUNE 30, 2016, PROJECT NO , CONTRACT NO $65, Motion by Mr. Simmeth seconded by Mr. Schad WHEREAS, Heretofore and on the 9 th day of July, 2015, the Erie County Water Authority ("Authority") entered into a contract with STC Construction, Inc. for Filter Rehabilitation, Sturgeon Point Water Treatment Plant, May 1, 2015 to June 30, 2016, identified as Contract No ; and WHEREAS, STC Construction, Inc. has submitted a final invoice in the amount of $65,310.92; and WHEREAS, Russell J. Stoll, Executive Engineer recommends acceptance of said project; NOW, THEREFORE, BE IT RESOLVED: That the above project is hereby accepted by the Authority as of the date hereof. Ayes: Three; Commrs. Anderson, Schad and Simmeth Noes: None

27 ITEM 5 - AUTHORIZATION TO REMOVE FROM THE TABLE THE AUTHORIZATION TO ENTER INTO A SHORT FORM TOWER LICENSE AGREEMENT WITH GLOBAL SIGNAL ACQUISITIONS II LLC IN CONNECTION TO ALLOW THE AUTHORITY TO LEASE TOWER SPACE ON A CERTAIN PARCEL OF PROPERTY LOCATED IN THE TOWN OF HAMBURG, NEW YORK, PROJECT NO Motion by Mr. Simmeth seconded by Mr. Schad and carried to remove from the table the Authorization to Enter into a Short Form Tower License Agreement with Global Signal Acquisitions II LLC in connection to Allow the Authority to Lease Tower Space on a Certain Parcel of Property Located in the Town of Hamburg, New York, Project No Ayes: Three; Commrs. Anderson, Schad and Simmeth Noes: None ITEM 6 - AUTHORIZATION TO ENTER INTO A SHORT FORM TOWER LICENSE AGREEMENT WITH GLOBAL SIGNAL ACQUISITIONS II LLC IN CONNECTION TO ALLOW THE AUTHORITY TO LEASE TOWER SPACE ON A CERTAIN PARCEL OF PROPERTY LOCATED IN THE TOWN OF HAMBURG, NEW YORK, PROJECT NO Motion by Mr. Simmeth seconded by Mr. Schad WHEREAS, The Erie County Water Authority ("Authority") has retained EMA, Inc. to provide the Authority with services identified as Management and Operations Enhancements, Assistance in Optimizing Operations and Maintenance; and WHEREAS, One of the recommendations from EMA, Inc. has been to implement a Enterprise Microwave Network; and WHEREAS, Paul H. Riester, Director of Administration advises that in order to support this implementation, the Authority needs to enter into a Short Term Tower License Agreement with Global Signal Acquisitions II LLC to allow the Authority to lease tower space on a certain parcel of property located in the Town of Hamburg, New York; and WHEREAS, Global Signal Acquisitions II LLC has submitted a Short Term Tower License Agreement to grant a license to the Authority to install, operate and maintain the Authority s equipment for a five year period and will automatically extend for five (5) renewal periods of five (5) years unless either party elects not to renew; and 27

28 28 WHEREAS, The Authority will pay monthly installments of $673.30; and WHEREAS, Paul H. Riester, Director of Administration recommends acceptance of said agreement by the Authority; NOW, THEREFORE, BE IT RESOLVED: That the Authority accepts the Short Term Tower License Agreement with Global Signal Acquisitions II LLC to allow the Authority to lease tower space on a certain parcel of property located in the Town of Hamburg, under the terms and conditions set forth in said agreement; and be it further RESOLVED: That the Chairman is hereby authorized to execute said agreement on behalf of the Authority; and be it further RESOLVED: That the Secretary is hereby authorized to forward an executed copy of said Agreement together with a certified copy of this resolution to Global Signal Acquisitions II LLC. Ayes: Three; Commrs. Anderson, Schad and Simmeth Noes: None ITEM 7 - AUTHORIZATION TO REMOVE FROM THE TABLE THE AUTHORIZATION TO ENTER INTO A TOWER LICENSE AGREEMENT WITH SUBCARRIER COMMUNICATIONS, INC. IN CONNECTION TO ALLOW THE AUTHORITY TO LEASE TOWER SPACE ON A CERTAIN PARCEL OF PROPERTY LOCATED IN THE TOWN OF TONAWANDA, NEW YORK, PROJECT NO Motion by Mr. Simmeth seconded by Mr. Schad and carried to remove from the table the Authorization to Enter into a Tower License Agreement with Subcarrier Communications, Inc. in connection to Allow the Authority to Lease Tower Space on a Certain Parcel of Property Located in the Town of Tonawanda, New York, Project No Ayes: Three; Commrs. Anderson, Schad and Simmeth Noes: None

29 ITEM 8 - AUTHORIZATION TO ENTER INTO A TOWER LICENSE AGREEMENT WITH SUBCARRIER COMMUNICATIONS, INC. IN CONNECTION TO ALLOW THE AUTHORITY TO LEASE TOWER SPACE ON A CERTAIN PARCEL OF PROPERTY LOCATED IN THE TOWN OF TONAWANDA, NEW YORK, PROJECT NO Motion by Mr. Simmeth seconded by Mr. Schad WHEREAS, The Erie County Water Authority ("Authority") has retained EMA, Inc. to provide the Authority with services identified as Management and Operations Enhancements, Assistance in Optimizing Operations and Maintenance; and WHEREAS, One of the recommendations from EMA, Inc. has been to implement a Enterprise Microwave Network; and WHEREAS, Paul H. Riester, Director of Administration advises that in order to support this implementation, the Authority needs to enter into a Tower License Agreement with Subcarrier Communications, Inc. to allow the Authority to lease tower space on a certain parcel of property located in the Town of Tonawanda, New York; and WHEREAS, Subcarrier Communications, Inc. has submitted a Tower License Agreement to grant a license to the Authority to install, operate and maintain the Authority s equipment for a five year period and will automatically extend for four (4) renewal periods of five (5) years unless either party elects not to renew; and WHEREAS, The Authority will pay Subcarrier Communications, Inc. monthly installments of $1,525.00; and WHEREAS, Paul H. Riester, Director of Administration recommends acceptance of said agreement by the Authority; NOW, THEREFORE, BE IT RESOLVED: That the Authority accepts the Term Tower License Agreement with Subcarrier Communications, Inc. to allow the Authority to lease tower space on a certain parcel of property located in the Town of Tonawanda, under the terms and conditions set forth in said agreement; and be it further RESOLVED: That the Chairman is hereby authorized to execute said agreement on behalf of the Authority; and be it further 29

30 30 RESOLVED: That the Secretary is hereby authorized to forward an executed copy of said Agreement together with a certified copy of this resolution to Subcarrier Communications, Inc. Ayes: Three; Commrs. Anderson, Schad and Simmeth Noes: None VII. - NEW BUSINESS (RESOLUTIONS 9-17) ITEM 9 - FINAL ACCEPTANCE OF PROJECT WITH OF STC CONSTRUCTION, INC. FOR CONTRACT NO. MP-77B, PINE HILL PUMP STATION IMPROVEMENTS, PROJECT NO , CONTRACT NO $113, Motion by Mr. Simmeth seconded by Mr. Schad WHEREAS, Heretofore and on the 3 rd day of December, 2015, the Erie County Water Authority ("Authority") entered into a contract with STC Construction, Inc. for Contract No. MP- 77B, Pine Hill Pump Station Improvements, identified as Contract No ; and WHEREAS, STC Construction, Inc. has submitted a final invoice in the amount of $113,265.63; and WHEREAS, Arcadis CE, Inc., Consulting Engineers and Russell J. Stoll, Executive Engineer recommends acceptance of said project; NOW, THEREFORE, BE IT RESOLVED: That the above project is hereby accepted by the Authority as of the date hereof. Ayes: Three; Commrs. Anderson, Schad and Simmeth Noes: None

31 31 ITEM 10 - AUTHORIZATION TO ACCEPT PROPOSAL OF PLEASANT DEVELOPMENT LLC FOR THE CONSTRUCTION AND INSTALLATION OF APPROXIMATELY 1,833 LINEAR FEET OF EIGHT (8 ) INCH DIP AND PVC WATERMAIN, TWO (2) HYDRANTS, FOUR (4) LINE VALVES AND APPURTENANCES IN PLEASANT CREEK DEVELOPMENT PHASE 2, TOWN OF HAMBURG, NEW YORK, PROJECT NO , EC NO Motion by Mr. Simmeth seconded by Mr. Schad WHEREAS, The Erie County Water Authority ("Authority") desires to enter into a Main Extension Agreement (Builder-Contractor-Developer) with Pleasant Development LLC for the construction and installation of approximately 1,833 linear feet of eight (8 ) inch DIP and PVC watermain, two (2) hydrants, four (4) line valves and appurtenances in Pleasant Creek Development Phase 2, Town of Hamburg, New York; and WHEREAS, The materials, work, labor and services for said installation shall be supplied and paid for by the applicant; and WHEREAS, Said installation of main and hydrants has been assigned Work Authorization No. EC-6978; and WHEREAS, Russell J. Stoll, Executive Engineer advised that the materials, work, labor and services for said installations, as proposed to be supplied and installed by the applicant, meet with the Authority's specifications; NOW, THEREFORE, BE IT RESOLVED: That the Authority accepts the proposal of Pleasant Development LLC for the construction and installation of approximately 1,833 linear feet of eight (8 ) inch DIP and PVC watermain, two (2) hydrants, four (4) line valves and appurtenances in Pleasant Creek Development Phase 2, Town of Hamburg, New York; and be it further RESOLVED: That the Chairman is hereby authorized to execute said Main Extension Agreement (Builder-Contractor-Developer) between the Authority and Pleasant Development LLC covering the abovementioned subdivision. Ayes: Three; Commrs. Anderson, Schad and Simmeth Noes: None

32 32 ITEM 11 - AUTHORIZATION TO ADVERTISE FOR BIDS FOR AREA NO. 1 RESTORATION, APRIL 1, 2018 THROUGH MARCH 31, 2020, PROJECT NO Motion by Mr. Simmeth seconded by Mr. Schad WHEREAS, Russell J. Stoll, Executive Engineer and Leonard F. Kowalski, Sr. Distribution Engineer recommend that the Erie County Water Authority ("Authority") publish a notice inviting sealed bids or proposals pursuant to Section 1069 of the Public Authorities Law for Area No. 1 Restoration, April 1, 2018 through March 31, 2020; and WHEREAS, The work, labor and services for the abovementioned project is estimated to cost an amount in excess of $5,000.00; and WHEREAS, The Advertisement for Bids for Area No. 1 Restoration, April 1, 2018 through March 31, 2020 will be conducted pursuant to the enacted legislation, New York State Finance Law Sections 139-j and 139-k and the Authority s Purchasing Guidelines, Policies and Procedures; and WHEREAS, Leonard F. Kowalski, Sr. Distribution Engineer will be the designated contact person for the project with the adoption of this resolution; NOW, THEREFORE, BE IT RESOLVED: That the plans and specifications and form of bid be prepared for Area No. 1 Restoration, April 1, 2018 through March 31, 2020 and upon completion be made available for inspection by bidders in the office of the Authority; and be it further RESOLVED: That the Secretary is hereby authorized and directed to publish a notice inviting sealed bids or proposals pursuant to Section 1069 of the Public Authorities Law for the abovementioned project. Ayes: Three; Commrs. Anderson, Schad and Simmeth Noes: None

33 33 ITEM 12 - AUTHORIZATION TO ADVERTISE FOR BIDS FOR AREA NO. 2 RESTORATION, APRIL 1, 2018 THROUGH MARCH 31, 2020, PROJECT NO Motion by Mr. Simmeth seconded by Mr. Schad WHEREAS, Russell J. Stoll, Executive Engineer and Leonard F. Kowalski, Sr. Distribution Engineer recommend that the Erie County Water Authority ("Authority") publish a notice inviting sealed bids or proposals pursuant to Section 1069 of the Public Authorities Law for Area No. 2 Restoration, April 1, 2018 through March 31, 2020; and WHEREAS, The work, labor and services for the abovementioned project is estimated to cost an amount in excess of $5,000.00; and WHEREAS, The Advertisement for Bids for Area No. 2 Restoration, April 1, 2018 through March 31, 2020 will be conducted pursuant to the enacted legislation, New York State Finance Law Sections 139-j and 139-k and the Authority s Purchasing Guidelines, Policies and Procedures; and WHEREAS, Leonard F. Kowalski, Sr. Distribution Engineer will be the designated contact person for the project with the adoption of this resolution; NOW, THEREFORE, BE IT RESOLVED: That the plans and specifications and form of bid be prepared for Area No. 2 Restoration, April 1, 2018 through March 31, 2020 and upon completion be made available for inspection by bidders in the office of the Authority; and be it further RESOLVED: That the Secretary is hereby authorized and directed to publish a notice inviting sealed bids or proposals pursuant to Section 1069 of the Public Authorities Law for the abovementioned project. Ayes: Three; Commrs. Anderson, Schad and Simmeth Noes: None

34 34 ITEM 13 - AUTHORIZATION TO ADVERTISE FOR BIDS FOR EXCAVATED MATERIAL REMOVAL AND DISPOSAL, APRIL 1, 2018 THROUGH MARCH 31, 2020, PROJECT NO Motion by Mr. Simmeth seconded by Mr. Schad WHEREAS, Russell J. Stoll, Executive Engineer and Leonard F. Kowalski, Sr. Distribution Engineer recommend that the Erie County Water Authority ("Authority") publish a notice inviting sealed bids or proposals pursuant to Section 1069 of the Public Authorities Law for Excavated Material Removal and Disposal, April 1, 2018 through March 31, 2020; and WHEREAS, The work, labor and services for the abovementioned project is estimated to cost an amount in excess of $5,000.00; and WHEREAS, The Advertisement for Bids for Excavated Material Removal and Disposal, April 1, 2018 through March 31, 2020 will be conducted pursuant to the enacted legislation, New York State Finance Law Sections 139-j and 139-k and the Authority s Purchasing Guidelines, Policies and Procedures; and WHEREAS, Leonard F. Kowalski, Sr. Distribution Engineer will be the designated contact person for the project with the adoption of this resolution; NOW, THEREFORE, BE IT RESOLVED: That the plans and specifications and form of bid be prepared for Excavated Material Removal and Disposal, April 1, 2018 through March 31, 2020 and upon completion be made available for inspection by bidders in the office of the Authority; and be it further RESOLVED: That the Secretary is hereby authorized and directed to publish a notice inviting sealed bids or proposals pursuant to Section 1069 of the Public Authorities Law for the abovementioned project. Ayes: Three; Commrs. Anderson, Schad and Simmeth Noes: None

35 ITEM 14 - RATIFICATION OF THE INSTALLATION OF HYDRANTS AND VALVES AND RETIREMENT OF EXISTING HYDRANTS AND VALVES - VARIOUS LOCATIONS Motion by Mr. Simmeth seconded by Mr. Schad WHEREAS, The Engineering Department of the Erie County Water Authority ("Authority") advised that hydrants and valves were installed as part of the Authority's program to keep pace with improvements in fire fighting technology, as follows: Replace existing 8 valve at 4763 Main Street, Town of Amherst with a new 8 resilient seat valve on 9/29/17. Work done by ECWA forces under Work Authorization No Valve originally installed in 1925 was scrapped and retired under Retirement Authorization No. R Replace existing 6 hydrant at 20 Ridge Park Avenue, Town of Cheektowaga with a new 6 mueller centurion hydrant on 10/3/17. Work done by ECWA forces under Work Authorization No Hydrant originally installed in 1976 was scrapped and retired under Retirement Authorization No. R Replace existing 6 valve at 40 Smallwood Drive, Town of Amherst with a new resilient seat valve on 9/30/17. Work done by ECWA forces under Work Authorization No Valve originally installed in 1925 was scrapped and retired under Retirement Authorization No. R Replace existing 4 valve at 1 Smallwood Drive, Town of Amherst with a new 4 resilient seat valve on 10/12/17. Work done by ECWA forces under Work Authorization No Valve originally installed in 1925 was scrapped and retired under Retirement Authorization No. R Install new 6 valve at opposite 111 Gates Street, Village of Sloan on 10/4/17. Work done by ECWA forces under Work Authorization No

36 36 Install 80 lf of 8 DIP for main interconnection along Walden Avenue, Lancaster on 1/5/18. Work done by ECWA forces under Work Authorization No ; and WHEREAS, Russell J. Stoll, Executive Engineer ratifies said installations and work; NOW, THEREFORE, BE IT RESOLVED: That the Authority approve the retirement of the abovementioned hydrants and valves at the abovementioned locations; and be it further RESOLVED: That the installation of the new hydrants and valves in the abovementioned locations, as part of the Authority's continuing program to improve its facilities is hereby approved, ratified and confirmed. Ayes: Three; Commrs. Anderson, Schad and Simmeth Noes: None ITEM 15 - AUTHORIZATION TO GRANT LEAK ALLOWANCE REQUESTS - $6, Motion by Mr. Simmeth seconded by Mr. Schad WHEREAS, Robert J. Lichtenthal, Jr., Deputy Director advised the Authority that he has received leak allowance requests from Authority customers listed below resulting from a service line leak: 1) 2272 Union Road LLC 5) Margaret Oneill 2272 Union Road 588 Ridge Road Cheektowaga, NY Lackawanna, NY $ $ ) 8229 State Rd. LLC 6) MJ Peterson 8229 Boston State Road 185 Kaymar Drive Hamburg, NY Amherst, NY $1, $ ) Delta Sonic 7) Patricia Austin 2275 Walden Avenue 16 Ranch Trail W Cheektowaga, NY Williamsville, NY $1, $510.57; and

37 37 4) John Core 62 Euclid Ave. Buffalo, NY $ WHEREAS, Robert J. Lichtenthal, Jr., Deputy Director advised that the requests contain documentation showing that the leaks have been repaired; and WHEREAS, Said leak allowance requests have complied with all leak allowance requirements; and WHEREAS, As stated in Section 9.09 of the Authority's Tariff, the granting of a leak allowance shall be in the sole discretion of the Authority; and WHEREAS, Robert J. Lichtenthal, Jr., Deputy Director recommends granting the above leak allowance requests; NOW, THEREFORE, BE IT RESOLVED: That the Authority grant the leak allowance requests to the abovementioned customers; and be it further RESOLVED: That the Comptroller is hereby authorized and directed to adjust the account of the abovementioned customers. Ayes: Three; Commrs. Anderson, Schad and Simmeth Noes: None ITEM 16 - EMPLOYMENT AGREEMENT Motion by Mr. Simmeth seconded by Mr. Schad WHEREAS, Heretofore and on the 25 th day of May, 2017 the Erie County Water Authority Board of Commissioners appointed Earl L. Jann, Jr. to the position of Executive Director effective May 25, 2017; and WHEREAS, The Board of Commissioners deems it in the best interest of the Authority to enter into an Employment Contract with Earl J. Jann, Jr.

38 38 NOW, THEREFORE, BE IT RESOLVED: That the Chairman of the Erie County Water Authority is authorized to execute an Employment Contract with Earl L. Jann, Jr. Ayes: Two; Commrs. Anderson and Simmeth Noes: One: Commr. Schad Chairman Anderson noted that this matter was brought up at the last Board of Commissioners meeting in executive session to discuss some of the details of the employment agreement with our attorney. The Chairman is now holding on to final results of that meeting. ITEM 17 - Service Connection Work Order List: Motion by Mr. Simmeth seconded by Mr. Schad and carried to approve Service Connection Work Order No and , to Russo Development, Inc. for Service Area No. 1 under Contract No and to 716 Site Contracting, Inc. for Service Area No. 2 under Contract No and to Kandey Company, Inc. for large services under Contract No

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43 43 VIII. - ADJOURNMENT Motion by Mr. Simmeth, second by Mr. Schad and carried that the meeting adjourn. SLZ Joseph T. Burns Secretary to the Authority

Motion by Mr. Simmeth seconded by Mr. Anderson and carried to waive the reading of the Minutes of the Meeting held on Thursday, October 5, 2017.

Motion by Mr. Simmeth seconded by Mr. Anderson and carried to waive the reading of the Minutes of the Meeting held on Thursday, October 5, 2017. MINUTES of the MEETING of the ERIE COUNTY WATER AUTHORITY held in the office, 295 Main Street, Room 350, Buffalo, New York, on the 26th day of October, 2017. 672 PRESENT: Robert Anderson, Chairman Karl