The
people's choice in Livingston County... and beyond!
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The
people's choice in Livingston County... and beyond!
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In what has turned out to be the most decisive event of the water war, the April 30 Clarion announced, "Court backs village." It was a major victory for Daley, Cole and the village. The agreement between the town and water authority was annulled by the court on the basis that an essential public hearing was not conducted and because the contract failed to specify the manner in which costs of the project were to be apportioned among town property owners.
With the contract invalidated, the October 20 vote which had confirmed the Hemlock connection was likewise invalidated. Also voided was the $1.4 million bonding by the former town administration. The existing town board, even though three of five members still favored the Water Authority contract and Hemlock connection, was powerless to redo the contract, because bonding requires a 'supermajority' 4-to-1 or 5-to-0 decision.
Presumably mellowed by the victory, the Village of Avon joined the Conesus Lake Watershed Protection plan one week later. At an especially rowdy May 27 meeting, the veteran town board members attempted to put through approval of a new engineering study for the Hemlock connection. Daley slammed down his gavel and adjourned the meeting before the motion could be adopted.
A gesture of reconciliation by Council member Sandi Irish found her agreeing with Daley and Cole in placing a 'neutral' person in the position of town attorney. Tim Ingersoll subsequently replaced Meyer.
The three member veteran majority continued to toy with proposals for studies and referendums, but were stymied by the stark fact that their ultimate objective, bonding for a Hemlock connection project, was not achievable with the existing composition of the board.
On October 15, 1998 the village's water filtration plant went on line. Even though it was technically sized to serve only the village, the actual capacity was such that service to both town and village water customers was accomplished without difficulties. It seemed that the village had won the water war.
While the veteran town board majority was rendered impotent by circumstances, the grant and interest free monies which may have funded the Hemlock connection went past deadline and expired.
The majority then attempted to circumvent the supermajority impasse by placing any future grant holdings into the jurisdiction of the Water Authority, which might then be able to build the connection itself. After receiving a requested $10,000 fee from the town, the Authority is presently seeking EFC assistance from a second round reduced pool of funds. With Avon town customers presently receiving the village filtered water, Supervisor Daley said, in the February 18, 1999 Clarion, "We don't need the $2.1 million."
With the Water War seemingly drawing to a conclusion, a new chapter suddenly erupted in February 1999, when the preliminary auditors report on the village was leaked to the press. An outraged mayor and village board claimed that allegations in the audit were false and had been intentionally released by a hostile auditor in an attempt to discredit the village.
The comptroller's office responded with its own internal investigation. Presently, the matter remains unresolved and the final official audit remains unissued.
(To be continued, no doubt.)
Back to Chapter 5: Two Referendum
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