HomeMy WebLinkAbout2006-06-14'iB 6 -14 -06
TOWN OF DRYDEN
SPECIAL TOWN BOARD "ETING
Held at Varna Fire Station
Proposed Ellis Hollow Water District
June 14, 2006
Present: Supv Steven Trumbull, Cl Martin Christofferson, Cl Daniel Tier
IiI, Cl Stephen Stelick, Jr., Cl Mary Ann Sumner
Elected Officials: Bambi L. Hallenbeck, `['own Clerk
Other Town Staff: Mahlon R. Perkins, Town Attorney
Daniel Kwasnowski, Environmental Planner
David Putnam and Andrew Sciarabba, TG Miller Engineers
Supv Trumbull opened the meeting at 7:1.5 p.m. and introduced the board and staff
present. Copies of the Map, Plan and Report, together with an executive summary were
available for those present.
Andy Sciarabba gave a brief history of the events leading to the proposed formation of a
water district in the Ellis Hollow Road area, including the survey done by Debbie Gross and the
petition presented by Arthur Berkey and Cathy Calori. He explained how they determined
service areas from different water tanks and reviewed the boundaries. The East Hill Tank can
serve 16 tax parcels. The Hungerford Hill Tank can serve 89 parcels, and the NYSEG Tank will
serve 111 parcels. The special district assessment formula was explained, together with the
costs to a typical user in each service area. The "base area" considered is the area petitioned
for, the "expanded" service area was considered because they thought: it would lower the cost to
a typical user. The report contains tables that show the estimated cost to each parcel in the
district for each service area.
A Sciarabba explained how the project cost was determined, including estimates for soft
costs and legal fees. He further explained that the district was formed construction would not
commence until 2007. Cost estimates do not include any land purchases that might be
required for a pump station, easement agreements, or individual costs Bolton Point might
charge to users for hookup. It is assumed a 12" pipe will be used throughout the project. The
cost to each parcel is determined by applying a benefit formula. That formula is in three parts.
Fifty percent of the annual cost is based on assessment, 35% is based on total acreage, and
15% is divided evenly among the parcels per unit.
Using the formula, the yearly cost to a typical user in the base service .area using the
Hungerford tank would be $1,084. In the base service area using the NYSEG tank would be
$1,190, and in the expanded service area using the NYSEG tank it would $1,072. Dave
Putnam said the cost for a typical home to hook into the system would be around $400.00.
Dan Kwasnowski explained that because of the density in this area of town, expanding
the proposed district: area did not really lower the cost. He collected and listed questions from
those present. Some of those were:
1. Process-
How is the decision to form a district made?
What percentage of people must approve the district? (Simple majority.)
Can someone opt out and then buy in later? (No)
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When is a vote taken?
2. Financial -
Who is entitled to vote? (Owners of taxable real property)
Is the cost: to each owner the same (Varies according to assessment; not
required to hook up.
If you wanted to drill a new well would you be prevented from doing that after
the district is formed?
If you sell your home who is responsible for the balance?
How much could you save on fire insurance because you have municipal water?
What happens when a lot splits? (Each lot receives an assessment according to
the formula.)
is the formula fair?
Who incurs the most commodity?
Would frontage be more appropriate than acreage for use in the formula?
Would hooking into to municipal water increase their assessment?
Would this assessment be deductible on their income tax?
If there is an excess of funds because of high estimates of cost, would the
parcels be charged less? (Yes)
3. Installation -
Where would the pipes run?
If pump stations are necessary, where would they be located?
• A resident noted he believed some lots were missing from the list: 1311, 1321, 1447 and
1453 Ellis Hollow Road and 1137 Ellis Hollow Creek Road. He also asked why Dodge Road was
not included. A Seiarabba_ said the petition did not include Dodge Road, and that more parcels
could always be included. In the interim report there may be some lots not included, and if so,
he asked that those be noted so they could be included.
One resident asked how many
people
really had
foul
water, because she did and this
month she put in a 200' well and the
pressure is better
and
the water is better.
place.
A resident. noted ghat a lot of development could take place after municipal water is in
Another concern was with rules such as when a person could water their yard.
Atty Perkins explained the process for formation of a district. This is a proceeding
under Article 12A of the Town Law. The Town Board appropriated a sum of money to study
this issue and cause a map, plan and report to be prepared. We are in the initial part of this
now and trying to get input to decide where the support is, how should the engineers finalize
the Map, Plan and Report, which service area has the most support, etc. The Board will
probably make a decision if there is enough support to go forward on the service area. When
that is done a final Map, Plan and Report will be prepared based on that projected service area.
Once the Map, Plan and Report is filed with the Town Clerk, the Board will hold a hearing.
That will be publicly noticed and all the property oti+mers within the district will get a postcard
or letter advising them of the public hearing. At the public hearing comment will be collected
and the Board will then make a decision. They have to make certain findings under Town Law
in order to form the district. Once it answers the questions and makes these findings, it can
pass a resolution forming the district. That triggers a permissive referendum requirement.
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That resolution is adopted subject to s
trigger the referendum. In the largest
owners of taxable real property to sign
forms and all the owners have to do is
qualified to sign. There then will be a
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permissive referendum. It doesn't take many people; to
service area, the NYSEG service area, it only takes eight
a petition and force a vote. The `town furnishes the
collect the necessary number of signatures of people
special election held on that issue.
The question has to be approved by a majority of the owners of taxable real property
voting on the proposition. If property is owned jointly by a husband and wife, they both can
vote. A partnership gets one vote. A limited liability company gets one vote. A corporation
gets one vote. Tenants in common each get a vote. If you own six parcels, you get one vote.
An application is not made to the State Comptroller to exceed the threshold unless the district
is approved.
Cl Christofferson explained again that the board is at a preliminary stage and this
meeting was scheduled to hear from the property owners what their thoughts and ideas are.
The board can pick one of these options, do something totally different., or not continue at all.
A resident suggested that perhaps the Town could hire an engineer to work with the
property owners that are experiencing problems and work on alternative solutions. It may be
as simple as a new well, a filtration system or a holding tank. D Kwasnowski said the Town is
proceeding in the only way it is authorized to by law. The Town can't spend public funds on
private property. Two residents offered $1,000 each to start a fund for this purpose. D
Kwrasnowski noted the County Health Department may be able to help with some education.
A resident noted that he gets a sense that the community feels this has been foisted on
them by the Town Board. In fact it is something that was asked for by several people, and if
the entire group doesn't want it, they can vote and move on. It is not being forced on them by
the government.
With respect to the benefit a s sessme n t formu l a, Atty Perkins said t h at annually
board sets a benefit assessment formula. Any rational basis can be used to assess the cost
and it has to be done on a benefit basis. The board in the past has used the formula. that is
presented in the Map, Plan and Report. A certain percentage is based on the number of units,
a certain percentage based on acreage, and a certain percentage based on assessed value.
A resident
said her home is very
far from the
street and if they had to connect it would
be very expensive,
and they have a geo-
thermal heat
system and if they had to convert to
municipal water it
would cost a fortune
to run it.
Martha Robertson asked people to remember they are all neighbors and every house is
different and has different problems and solutions. It is important to not get upset. This was
an exploratory effort by the Town Board in response to a number of people who have real
serious problems. There was a report done in response to complaints near the quarry and
there are things that can be followed up with DEC. She would like to work with the D
Kwasnowski and make sure people try to figure out. how to move forward.
A resident
who
lives near the
quarry said she had terrible water for a long time and
spent: $5,500 and
now
she has good
water.
Arthur Berkey said as the person who circulated the petition he wanted to make some
things clear. When it was circulated it was to answer two questions only. The first: was
whether it: was feasible engineering -wise to put public water in the base area. He knows
nothing about the expanded area because he did not go there. The second question was what
would the cost be. The petition was then submitted to the board and they properly responded
• by doing a feasibility study. He said now that we have an idea of how much it will cost, a
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decision will need to be made whether it is worth the cost, and
Town Board will act accordingly. A Berkey said for him it is a i
gallons of water a week. The people who signed the petition in
the majority will decide. He said he knows nothing of the need
area, but believes it was proper for the town and the engineers
possibly serve more people and reduce the cost.
1*13 6 -14 -06
based on that response the
vash, as he hauls in about 24
no way bound themselves, and
of the residents in the expanded
to look at an expanded area to
A show of hands of the residents in the base service area indicated a majority were not
in favor of forming a special district.
Mr Dolph, who used to own the quarry, asked that the tone of the meeting be kept at a
reasonable level. He has had problems with his own well and solved them. He drilled another
well, put in a holding tank and water softener, and spent a lot of money. He said he thinks
there are solutions to the problems, and offered to talk to anyone about the ways he solved his
problem.
A
resident said
he thought it
was prudent:
that the
process not stop because the
majority
doesn't want
a district, but
instead move
forward
in search of a solution.
Another resident thanked the board for being responsible, for listening to the concerns
of the constituents. He further thanked them for looking at the expanded area and said that he
appreciated the opportunity for the meeting.
A show of hands in the expanded area indicated a majority were not in favor of forming
a special district.
D Kwasnowski said we could pull together a small workshop with the people who have
problems and perhaps bring in the Department of Health and some contractors to try and find
solutions.
RESOLUTION #109 - CEASE SPECIAL DISTRICT FORMATION
CI Christofferson offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby officially end the process of moving forward
with formation of a special water district in the Ellis Hollow Road area, and that the
Environmental Planner work with residents who are experiencing water problems to find
solutions to those problems.
2nd Cl Tier
Roll Call Vote
Cl Christofferson Yes
Cl Tier Yes
Supv Trumbull Yes
Cl Stelick Yes
Cl Sumner No
On motion made, seconded and unanimously carried, the meeting was adjourned at
8:30 p.m.
Respectfully submitted,
Bambi L. Hollenbeck
Town Clerk
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