HomeMy WebLinkAbout2005-10-27TB I0-27 -Q5
TOWN OF DRYDEN
is SPECIAL TOWN BOARD MEETING
OCTOBER 27, 2005
Present: Supv Stephen Trumbull, Cl Stephen Stelick, Jr., C1 Martin
Christofferson, Cl Christopher Michaels, Cl Michael Hattery
Elected Officials: Bambi L. Hollenbeck, Town Clerk
Jack Bush, Highway Superintendent
Other Town Staff: Mahlon R. Perkins, Town Attorney
Daniel Kwasnowski, Fnvironment:al Planner
Supv Trumbull opened the meeting at 7:02 p.m. and led board members and guests in
the pledge of allegiance.
BUDGET HEARING
Supv Trumbull said after considerable tiscal analysis and deliberation the 'To%vn Board
has reach a comfortable level of consensus with the 2005 preliminary budget we are presenting
tonight. There are two salient points. The tax rate is at 1.44, which is the lowest it has been in
several years, and the tax levy is at 4.8 %, which is fairly close to the cost of living.
is Supv Trumbull asked if anyone on the board had any comments. Cl Hattery said they
had done what they said they would and it worked out.. When asked, there were no comments
from the public.
Cl Stelick thanked everyone for the work that was put into the budget. It seems to get
better every year and there were some good compromises made. The 'Town is growing and
we've seen good things happening. He thanked Dawn Bogdan, bookkeeper, for the time she
spent putting the budget together.
Cl Hattery said one thing they talked about during the budget process, and Jack Bush
made a good example of it in the rnemo he recently sent to the Planning Board regarding a
proposed subdivision, is that sometimes when we get increases in assessed value, it has very
significant increases in service costs associated with it. Increased assessments don't always
mean that the Town's costs decrease.
There were no other comments and the hearing was left open.
The board then discussed the kushlow d /b /a Autoworks special permit application.
Atty Perkins provided the board with a copy of the Town of Dryden tax map on which he had
indicated the location of the proposed Autoworks location, together with other businesses in
the area. He also provided them with a proposed resolution following the board's review of the
environmental assessment form, and a proposed decision. The proposed decision contains
facts, a statement about the environmental review, findings and a determination. Atty Perkins
said the board should feel free to revise them as they see fit. He has reviewed it with Zoning
Officer Henry Slater and they feel it represents what the application shows, the submittals
show, the comments made during the hearing. He asked the board to note there are some
® blanks in the determination and the board will need to till those in (with respect to hours and
number of vehicles on the premises). The board will first need to have a discussion and then
complete the environmental review prior to making a determination.
F agc I of I I
TB 10- 274)5
• Cl Stelick asked George Rushlow what kind of hours he wanted to be open and Mr
Rushlow replied currently they don't: work on Saturdays, but at the most it would be 8:00 a.m.
to noon. Mr Rushlow also reviewed the documents prepared by Atty Perkins.
Atty Perkins said it is not clear in the ordinance whether the U -Haul business is an
allowed business and Rushlow will need to seek a variance or vi interpretation from the
Zoning Board of Appeals.
Mr Rushlow said the number of cars outside would not exceed ten. The dumpster will
be screened. The existing vegetation which forms a screen along the property line with parcel
#52. -1 -4.31 shall not be disturbed without written consent of the owner of that parcel.
There was some
discussion
about: moving
piles of dirt in
the right of way across Liu's
land, and applicant will
work
that
out with Mr
Liu.
The board reviewed the short environmental assessment form for this application.
RESOLUTION #154 -
NEG SEQR DEC - Application of George
A.
Rushlow for a Special
Permit to Convert an
Existing Structure at 1278 Dryden Road
to
a Commercial Garage.
C1 Hat:tery offered the following resolution and asked for its adoption:
WHEREAS,
A. The proposed action involves consideration of the application of George A.
® Rushlow to convert the former F & T Distributing facility (now vacant) at1278 Dryden Road to a
commercial garage, a use allowed by a special permit.
B. The proposed action is an Unlisted Action for which the Town Board of the Town
of Dryden is the lead agency for the purposes of uncoordinated environmental review in
connection with approval by the `l own.
C. The Town Board of the Town of Dryden, in performing the lead agency function
for its independent and uncoordinated environmental review in accordance with Article 8 of the
New York State Environmental Conservation Law - the State Environmental Quality Review Act
"(SEQR), (i) thoroughly reviewed the Short Environmental Assessment Form (the, "Short EAH "),
Part 1, and any and all other documents prepared and submitted with respect to this proposed
action and its environmental review, (ii) thoroughly analyzed the potential relevant areas of
environmental concern to determine if the proposed action may have a significant adverse
impact on the environment:, including the criteria identified in 6 N'YCRR §617.7(c), and (iii)
completed the Short EAF, Part: 11;
NOW, THEREFORE, 13E IT RESOLVED AS FOLLOWS:
1. The Town Board of the Town of Dryden, based upon (i) its thorough review of the
Short. EAF, Part i, and any and all other documents prepared and submitted with respect to
this proposed action and its environmental review, (ii) its thorough review of the potential
relevant areas of environmental concern to determine if the proposed action may have a
significant adverse impact on the environment, including the criteria identified in 6 NYCRR
§617.7(c), and (iii) its completion of the Short EAF, Part 11, including the findings noted thereon
(which findings are incorporated herein as if set forth at length), hereby makes a negative
detennination of environmental significance ( "Negative Declaration ") in accordance with SEQR
® for the above referenced proposed action, and determines that neither a full Environmental
Assessment Form, nor an Environmental impact Statement will be required, and
Page 2 of 1 1
1`1310 -27 -0s
2. The Responsible Officer of the Town Board of the Town of Dryden is hereby
authorized and directed to complete and sign as required the determination of significance,
confirming the foregoing Negative Declaration, which fully completed and signed Short EAP and
determination of significance shall be incorporated by reference in this Resolution.
2114 Cl Stelick
Roll Call Vote Cl Stelick Yes
Cl Christofferson Yes
Supv Trumbull Yes
Cl Michaels Yes
Cl Hattery Yes
RESOLUTION #155 - APPROVE RUSHLOW D /B /A AUTOWORKS SPECIAL PERMIT
CI Michaels offered the following resolution and asked for its adoption.
In the Matter of the Application of George
A. Rushlow for a Special Permit to Convert DECISION
an Existing Structure at 1278 Dryden
Road to a Commercial Garage.
FACTS
The Town Board held a public hearing on September 15, 2005 on the application of
George A. Rushlow for a special permit to convert the former F & T Distributing facility at: 1278
Dryden Road ("the site') to a commercial garage. The applicant appeared at the hearing and
spoke in favor of approval of his application, as did his agent, Rick Rosoff and Roxanna Savino,
Frank Prudence, Simon St. Laurent and Liang -Wen ('Pony) and Mei -Ging (Maggie) Liu. David
Moore, and Randall Marcus, his attorney, spoke in opposition to the application. Following the
public hearing, David Moore, through his attorney, also submitted a letter in opposition to the
application, and a letter in support of the application from Frank L. Prudence was also
received.
The site is in a RD zone adjacent to existing improvements on the northeast and south. The
property to the west Fund north is owned by Cornell University Plantations and development of
that property is considered unlikely. The property to the northeast is owned by Moore and is
apparently rented to others for residential purposes. The property to the sough is owned by Liu
and is the former Boxcar /Loading Dock bar and restaurant. This parcel is currently
undergoing renovation by Liu as an orchid greenhouse and tea house. A parcel not directly
adjacent, but to the southeast of the site, is owned by Moore and consists of the former New
York State Police Barracks, and that building is currently vacant. Moore stated that he
intended to re- locate his business known as Stone Travel to that location.
The proposed use includes the uses common or typical to a commercial
garage including
the delivery
by vehicles under their own power,
or by tow truck or flat bed
trek, for service
and repair,
and also a proposal to rent U -Haul
trailers and trucks. A commercial
garage is a
specific use
allowed by Special Permit. The allowed
uses and uses allowed by
Special Permit in
the RD zone
do not mention uses such as vehicle
or equipment rental.
Page 3 of I I
01'6 10 -27 -05
Allowed uses in the neighborhood (zone) include forming, farm buildings, gardening,
nurseries and greenhouses, and the keeping and raising of livestock and poultry, residential
(one, two and multi - family) dwellings, educational Buildings, community buildings, churches,
cemeteries and similar semi- public structures and uses, village, town, county, state and federal
buildings, parks, playgrounds, golf courses, recreation areas and clubs, hospitals, clinical,
nursing or convalescent homes, smiatoria, funeral homes, professional offices or studios, home
occupations, private garages, accessory farm buildings, roadside stands, banks or similar
financial institutions.
The current nature and intensity of existing uses in the neighborhood include an Exxon gas
station and convenience store, a bar and restaurant:, a heating, electrical and plumbing supply
business, corporate and service offices for New York State Electric and Gas Corporation
(NYSEG), a regional service center for NYSEG, a clothing store, commercial lettuce greenhouse
operation, hair salon, warehouse and storage facilities, commercial construction equipment
rental, a large printing facility, a retail furniture store, commercial greenhouses, multi - family
residential uses, single and two family residential uses, vacant land (Cornell University
Plantations) and the proposed use of the former New York State Police Barracks as a retail
travel office.
The site is down slope from New York State Route 366 (Dryden Road).
Liu, a neighbor, had no objection to the application, but did request: the installation of a
chain link fence on the common property line.
No objection was raised concerning the residential use of the property to the east owned by
Moore.
No objections were raised by Cornell University Plantations other than containment on site
of any potential petroleum or other fluid spills.
Objections raised by Moore included the possibility that the site would become a junkyard
and used for motor vehicle sales. Succinctly put:, the objections by Moore pertain to his claim
that (1) the location, use and nature and intensity of the operation will be in conflict with the
allowed uses of the zone and neighborhood; and (2) that the proposed use will discourage or
hinder the appropriate development and use of adjacent properties in the neighborhood.
Following review of Parts
I and 11
of
the Short Environmental Assessment Form, the
Town Board adopted a
negative
declaration
of
environmental significance.
Pursuant to section 1303(2) of the Town's Zoning Ordinance, the Town Board finds and
determines as follows:
(a) The requirements of Section 1303(1) of the
applicant. The application includes;
1. The name of the applicant (George
premises (Frank and Toni Prudence).
2. A copy of a survey of the premises
which includes the boundary lines.
Zoning Ordinance have been met by the
and Karyn Rushlow) and the owner of the
(Town of Dryden T-rax Parcel No. 52. -1 -4.10)
3. A description of the proposed use which is automotive repairs and rental of U-
Haul trailers and trucks.
Page 4 of
T13 10 -27 -05
4, A copy of the survey which shows all existing improvements. No additional
structures are proposed.
6. A statement that the premises are served by the existing municipal sewer
system and existing municipal water system.
6. A statement of the use of the adjacent premises.
7. A statement appraising the effect: of the proposed use or adjacent: properties and
development of the neighborhood.
8. The required fee_
(b) The location, use, nature and intensity of operation of the proposed use will not be in
conflict with the allowed (and existing) uses of the zone or neighborhood. The proposed use
is a use specifically allowed by special permit_ When a use is allowed by special permit it is
tantamount to a legislative finding that the use will be in harmony with the Town's general
zoning plan and will not adversely affect the zone or the neighborhood. By the special
permit process the Town Board can hear concerns expressed by the public and fashion
appropriate conditions for a proposed use_ The proposed use will generate traffic to and
from the site, but clearly not as much traffic as many of the allowed uses (e.g. hospitals,
banks, municipal offices) and according to Prudence, less traffic than the former use of the
site. The proposed use will be conducted entirely indoors except for the temporary parking
of motor vehicles that have been serviced or repaired and are waiting to be picked up by
their owners. Vehicles waiting for parts or being repaired will be stored inside. The site is
downhill from the Moore property and streambed undergrowth and a hedgerow offer some
visual buffer from the Moore property. The proposed use us less intense than many allowed
uses and many existing uses in the zone or neighborhood (e.g. Exxon gas station and
convenience store, bar and restaurant: across Route 366, NYSEG, Wilcox Press, Seneca
Supply).
(c) Traffic has been discussed in (b) above. There will be little or no increase in the ambient
noise level since vehicles will be repaired or serviced indoors. There is already significant
traffic noise from New York State Routes 1.3 and 366. There are no vibration, dust, fumes,
smoke, odor, fire, hazards, glare, or flashing lights issues, and no other concerns were
raised by the public. Municipal wastewater disposal serves the site and the applicant will
be required to install an appropriate and approved oil separator. Petroleum product spills
will be controlled on site. Waste oil will be removed from the premises by a licensed
commercial hauler. Outside storage of waste products (used tires, parts, etc.) can be
controlled by appropriate conditions to the special permit.
(d) 'rhe area to the north and west of the site will not likely be developed from its current:
natural wild condition. Other properties adjacent or nearly adjacent are already developed
by existing structures or structures which are being remodeled. The proposed use is down
slope and partially screened from Route 366 view by the topography and streambed growth
and vegetation. There are a number of allowed uses which would likely discourage or
hinder the appropriate development and use of the Moore property more than the proposed
use (e.g. farming, farm buildings, the keeping or raising of livestock and poultry,
cemeteries, hospitals, sanatoria). The Town Board is not unmindful of Moore's concerns
about the site becoming a junkyard (a use riot permitted in the RD Zone) or being used for
motor vehicle sales (also not permitted in the RD Zone). I4owever, prospective future
violations of a permit. by an applicant: cannot be used as a basis for not granting a special
permit under the facts of this application. Appropriate conditions attached to the permit
and vigilant monitoring by code enforcement officials should adequately address such
concerns and prevent the site from becoming an eyesore and potentially hindering re-
development of existing nearby properties.
(e) No issue was
®
raised
concerning the
screening of
the proposed use
from
the (current)
residential use
of the
Moore property
to the north
of the site. However,
the
Town Board
Pale 5 of 1 I
TB 10-27-05
does note the existence of a streambed and the attendant undergrowth and hedgerow
which apparently form part of the boundary between the two parcels.
(fj The intent and purpose of the RD zone is to establish areas adjacent. to major highways
and urban concentrations where there is potential for higher density development. Taken in
the large context of the area or neighborhood where the site is situate, the proposed use is
a commercial use among various commercial uses, some more and some less intense by
their respective nature. Based on the existing uses and development of the area or
neighborhood, it cannot be said that the proposed use will adversely affect the health,
safety and general welfare of the community. All reasonable safeguards will be taken to
address environmental concerns such as spills, storage and removal of waste products. The
proposed use is consistent with the intent and purpose of the RD "Lone and the existing
development and use of adjacent properties or neighborhood (and the proposed re-
development of the Moore property.
DETERMINATION
Based upon the foregoing, the Town Board hereby approves the special permit
application of George A. Rushlow to convert the former F &, T Distributing Facility at 1278
Dryden Road (Town of Dryden Tax Parcel 52.- 14.10) to a commercial garage and operate
the same under the following express terms and conditions:
1. The project: shall be constructed according to the plans submitted by the applicant and
approved and filed with the Town of Dnoden.
2. The project during and following construction shall comply with all applicable Town,
County, State and Federal laws, statutes, codes, ordinances, approvals and rules and
® regulations.
3. The project during construction and upon completion shall not constitute a public or
- private nuisance.
4. The hours of operation shall be limited to 7:00 a.m. to 6:00 p.m., Monday through
Friday, and 8:00 a.m. to noon Saturdays.
5. Exterior lighting shall be "shoe -box" type, attached to the building and shall not cast
light from the parcel.
6. Only vehicles that have been repaired and are awaiting delivery to the owners, and no
more than ten (10) of such vehicles (exclusive of employees' personal vehicles driven to
and from work) shall be stored outdoors on the site. All vehicles shall be stored and
parked on a concrete or other paved impermeable surface. No unregistered vehicles
shall be stored outdoors.
7. A 350 - gallon oil separator, or its equivalent, shall be installed and maintained by the
applicant. The plans, installation and method of operation to be approved by the
engineer for the Town.
8. There shall be no outside storage of parts, tires, wheels, new or used materials
including barrels or other storage vessels. One (1) outside dumpster is permitted which
shall be placed on a concrete or other paved, impermeable surface. The access to and
from such outside dumpster must be a paved or other impermeable surface. The
dumpster shall be effectively located and screened from the general public's view.
9. There shall be no sales of motor vehicles from or on the premises.
10. The premises shall not become a junkyard, and shall be kept in a neat and orderly
manner.
11. The existing vegetation which forms a visual screen along the property line with Town of
Dryden Tax Parcel 52. -1 -4.31 shall not be disturbed without the prior written consent
of the owner of such parcel.
12. No pert-nits shall be issued until fees and current reimbursable expenses are paid by
the applicant and no Certificate of Occupancy or Temporary Certificate of Occupancy or
Page 6 of I I
TB 10 -27 -05
Certificate of Compliance shall be issued until all outstanding reimbursable expenses
are paid by the applicant.
13. In the event: of a sale, transfer or discontinuance of the permitted use of the property,
the applicant or permittee shall notify the Code Enforcement Officer of such sale,
transfer or discontinuance.
This special permit approval shall not be deemed to be approval
operate a U -Haul or similar vehicle or trailer rental business fro]
Ordinance does not specifically mention such as an allowed use
permit. The applicant is directed to the Zoning Board of Appeals
as the Board deems appropriate under the circumstances.
2nd Cl Stelick
Roll Call Vote
Cl Stelick Yes
C1 Christofferson Yes
Supv "Trumbull Yes
C1 Michaels Yes
Cl Hattery Yes
of the applicant's proposal to
-n the site. The Zoning
or use allowed by a special
for an interpretation or relief
George Rushlow thanked the board for their thoughtful consideration of his application_
Supv Trumbull asked if there: were other comments on the budget.
Simon St Laurent. asked about the sales tax estimates used by the Town in its budget
preparation. Davvm Bogdan said the estimates are conservative.
Mary Ann Sumner said she thought at the budget workshop the board had said it
would leave sales tax estimates the same, and in the DA fund they are increased by $25,000.
Dawn Bogdan said it is still within a conservative figure, that last year they had anticipated
less and come out ahead, so they expect it to be okay based on what they have seen this year.
Cl Hattery said because of the change of distribution of sales tax in the County, it makes sense
to be conservative.
Supv Trumbull closed the budget hearing at 7:27 p.m.
RESOLUTION 0156 - ADOPT SPECIAL DISTRICT & ASSESSMENT ROLLS
Cl Hattery offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby does hereby adopt the Special Disrict and
Assessment Rolls for the Town of Dryden for 2006.
2nd Cl Michaels
Roll Call Vote Cl Stelick Yes
Cl Christofferson Yes
Supv Trumbull Yes
Cl Michaels Yes
Cl Hattery Yes
RESOLUTION #157 - ADOPT 2006 GENERAL BUDGET
® Supv Trumbull offered the following resolution and asked for its adoption:
Pwle 7 of I I
TB 10 -274)5
RESOLVED, that this Town board hereby adopts the preliminary general budget as the
Town of Dryden's general budget for 2006.
211d C1 Hattery
Roll Call Vote Cl Stelick Yes
Cl Christofferson Yes
Supv Trumbull Yes
Cl Michaels Yes
Cl Hattery Yes
RESOLUTION #1SS - ADOPT SPECIAL DISTRICTS BUDGET
Cl Stelick offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby adopts the preliminary special districts
budget as the Town of Dryden's special districts budget for 2006.
2114 Cl Michaels
Roll Call Vote Cl Stelick Yes
Cl Christofferson Yes
Supv Trumbull Yes
Cl Michaels Yes
Cl Hatt:ery Yes
Neptune I-lose Company is applying for grant funding for the purchase of a fire safety
house and education materials and has asked for the Town fora resolution supporting that
application. Cl Christofferson said he has spoken with Frank Palmer of the Hire Department:
about: this and he is working with other communities also.
RESOLUTION #1S9 - RESOLUTION OF SUPPORT FOR GRANT APPLICATION OF
NEPTUNE HOSE COMPANY NO. 1 OF DRYDEN, INC.
Cl Christofferson offered the following resolution and asked for its adoption:
WHEREAS, Neptune; Hose Company No. 1 of Dryden, Inc., also lniown as the Dryden
Fire Department, an all volunteer fire department serving the Town of Dryden is seeking a
grant from the U.S. Fire Administration for the purchase of a Fire Safety }Mouse plus request for
educational materials for a Teen SERT (School Emergency Response Team) program;
WHEREAS, the fire department's comprehensive fire safety- training program would
target specific high -risk groups- -youth (grades 7 through 12), senior citizens, children and the
handicapped. Through the use of the Fire Safety House, we will be able to provide hands on
educational approach to the fire safety and emergency preparedness by taking programs
directly to these specific populations. This classroom will enable the fire department to
expanding their existing kindergarten to 61h grade program to now include and target high -risk
groups;
Now, therefore, be it
® RESOLVED, that the Town Board of the Town of Dryden hereby .joins in supporting this
grant request and the concept of extending fire prevention programs to now include the
identified high -risk groups.
Pclgr. 8 Of I I
p
2,,d Cl Stelick
Roll Call Vote
Cl
Stelick
Yes
Cl
Christofferson
Yes
Supv Trumbull
Yes
Cl
Michaels
Yes
Cl
Hattery
Yes
TB 10-27-05
Supv Trumbull said Jennifer Dube has been talking with the family of Christopher
Ackley about their desire for a skateboard board park and they have come up with a few
different scenarios. One is a portable park, where the unit can be taken down and stored in a
shed. A survey of school children indicates Montgomery Park to be the logical location for such
a park, but the Village is unsure about it. There is also talk of putting it on the property the
Town is purchase from Empire Livestock. There has been $750 raised toward this project so
far. Cl Stelick said while he supports the idea, there is still a lot: of work to be done before
decisions can be made. Some facilities are fenced in, monitored and require an admission fee,
while others are open all the time and emergency services make frequent grips to some of those
facilities. Supv 'Trumbull wanted the board to be aware that: this is a matter that will be
coming to them in the future.
The board discussed a situation in the Cortland Road Sewer District where two users'
meters had been incorrectly read for the last year and they are now facing a total of over
$30,000 in charges. The error initially occurred in a time when the billing went from units to
gallons and from twice yearly to quarterly. The board decided to treat this additional amount
as a normal bill, giving 20 days to pay. Any unpaid amounts will be relevied to b. xes next year.
The board asked Atty Perkins to move fonward with closing on the property from Empire
Livestock, and once the closing takes place borings can be done on the site for the new town
hall.
Supv Trumbull said he heard from Pam Kingsbury of Egner Associate today and she is
being forced out of the business. The town will need to decide whether to continue with Egner
or go with Pam and her new firth. After discussion, the board decided they should send out an
RFY, one for building design and one for landscape design. That sway Egner can bid again, or
Pam can bid in her new firm. Atty Perkins will review the current contract. with Egner and
report at the next meeting.
Atty Perkins distributed three versions of an agreement with the Village of Dryden
regarding the Cortland Road Sewer District. The one marked 10/27 is the Town's proposal
based on the discussion had by Atty Perkins, Cl Hattery and Supv Trumbull. lie said at 5:00
p.m. he received another version from the Village's attorney who says they are still talking
about it, without having seen the Town's latest version. Cl Hattery said the changes that were
made had been agreed to by the Village at: the recent meeting. He also said that at the meeting
with TC3 someone raised the issue that the projected capacity needs for the district that are
included in the creation of the new plant was somehow a higher percentage that what is
currently being used. He felt that when you looked at the figures that wasn't true, and that no
one has projected that the percent use of the plant would different at build out than the
district's percent. use of the plant is now. I-le said unless someone can come tip with figures we
don't have to worry about the capacity issue.
Atty Perkins reviewed some of the changes. Instead of including in the body of the
documents, they have been attached as a schedule so if they change it can easily be handled.
All references to capacity have been eliminated because the Town is paying a premium already.
`!'here is no reference to any interceptor cost; it is a separate item. There is reference to paying
Page 9 of I I
TB 10 -27 -05
for the monitoring stations at the estimated costs that the Village engineer thought they would
cost ($70,100). This is different from the old agreement that: expired in 2002. It will then be
up to the Town to strike a deal with TC3 regarding their contribution toward that. Atty Perkins
said they had discussed what to do in the event there was a wholesale annexation of the
property in the district, and he said it may be self- adjusting anyway because the Town is not
assuming or incurring any debt:, but paying for what is used as it is used. There are provisions
in the Gencral Municipal Law that provide for assessments, etc to be changed when there has
been an annexation if there are special district assessments. Cl Hattery said TC3 should not
have to bear as much of the interceptor expense if there was a wholesale annexation, and Atty
Perkins said they may have to address that some more.
Atty Perkins said he looked very quickly at the changes he received from the Village's
attorney today at 5:00 p.m. and he doesn't believe they are substantive changes, but he
understands they are changes to the Village Attorneys version, not to the document the Town
is currently loolci.ng at. Cl Hattery said it was agreed at the meeting that the Town should
make the next draft. He said he is hopeful that wii:h this draft: they are close to an agreement
and said the Village should be given this draft.
Atty Perkins said there had been discussion about a. study for a wager district in the
Ellis Hollow Road area between the Game Farm Road and Turkey Hill Road. If the board wants
to start the process, the board will nerd to pass a resolution (copy provided to the board) to
appropriate $0,500 to cover the cost. of the preparation of a general map, plan and report which
would outline the boundaries of the district with projected costs, etc. This type of resolution is
subject to a permissive referendum, so it would not: be effective until 30 days after it is adopted
and notice of adoption is published and posted by the Town Clerk. One of the things that the
map, plan and report will address is the cost to a typical property. The State Comptroller sets
limits for thresholds annually, and if the cost of a typical property is under that: thresholds
then you don't need the Comptroller's approval and just follow the procedure set forth in Article
12A of the Town Law. A public hearing will be held on the map, plan and report, and the board
then votes to establish the district and a vote is held for the property owners in the district.
Atty Perkins said the board could suggest to TG Miller that if it looks like it will be totally cost
prohibitive, they should stop and tell the Town.
Cl Michaels said his concern is that if there is public water available there, it could
make it more attractive for further development in the future, and it could have some impacts
other than just serving current homeowners. He asked if this was an area where we wanted to
encourage further development. lie said he would like to see a tax map of the area with the
owners listed, saying you could then approach owners of vacant land about their intent for the
property in the future. D Kwasnowski will prepare that map. Atty Perkins said his
understanding is that it will serve existing lots and structures along the road because that is
where people are having problems. Cl Michaels said considering its close proximity to other
districts, he would like to see where this is, and is also concerned about leaving a large area in
the middle that is not served by water. Cl Hattery said he thinks this is part of the reason for
requesting a study. Cl Michaels said he would also like to see the existing wager boundaries in
Varna. The board will consider the resolution at the next meeting.
Atty Perkins said they will be ready to sign contracts with low bidder for the Royal Road
Water and Sewer District projects within the next few days. The bonds have been authorized
and approved and typically what would be done at this point would be for the "Town to issue a
bond anticipation note, get the money from a local bank, and put the money in the account to
pay the contractor. That can be renewed for up to five years before the serial bonds actually
have to be issued. Fle has obtained quotes from local banks for rates. Tompkins 'Trust
Company had a rate of 3.3% for the water district and 3.55% for the sewer district, and if the
• two bonds can be combined, they will go with the 3.3% rate. The First: National Bank of
Page 10 of I 1
T13 10 -27 -05
Dryden had a 3.4% rate on each bond. The total amount to borrow is $98,900, all of which will
be charged back to the district properties. The Supervisor will proceed.
Cl Hattery said they have a preliminary project report from Barton & Loguidice on the
Drl-rden- Freeville trail project. The process calls for the board to do a public hearing on the
preliminary report. Cl Hattery and 1) Kwasnowski have reviewed it. Cl Hattery would like the
board to
review the report
and be prepared
at the next meeting to make a recommendation at
the next
meeting that it be
forwarded to the
Department of Transportation.
D Kwasnowski has given the board a memo with respect to the proposed trail
concurring with the recommendation of the consultant: that the trail be completed from Route
13 to Springhouse Road because of problems in the section between Springhouse Road and the
Village of Frcevillc. That would satisfy, the requirements of the grant and provide some time to
work on issues and alternatives for the other section. C1 Hattery said there are some good
benefits to the Village on this and they are willing to do some of the match and cost- share.
On motion duly made, seconded and unanimously carried, the meeting was adjourned
at 8:17 p.m.
Respectfully submitted,
13amt L. Hollenbeck
Town Clerk
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