No preview available
HomeMy WebLinkAbout2012-04-26 TB a-26-2012 TOWN OF DRYDEN SPECIAL TOWN BOARD FETING April 26, 2012 Present: Supervisor Mary Ann Sumner, Cl Stephen Ste lick, Cl Joseph Solomon , Cl Jason Leifer , Cl Linda Lavine Absent; Elected Officials = Bambi L. Avery , Town Clerk Other Town Staff; Andrew Sciarabba, TG Millers Engineers Supv Sumner opened the meeting at 7 : 30 p . m . Board members have received and reviewed proposed resolutions with respect to organizing the Yellow Barn Water District and scheduling a public hearing on the matter_ RESOIAMON #97 (2012) - DETERMINING THAT ACTION TO ORGANIZE TOWN OF DRYDEN YELLOW BARN WATER DISTRICT, AND TO ACQUIRE AND IMPROVE DUE WATER SYSTEM WILL NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT. hype Sumner offered the following resolution and asked for its adoption : WHEREAS , the Town Board of the Town of Dryden , 'Tompkins County, New York (the 'Town " ) proposer to (a) establish a water district in the Town to be known as Town of Dryden Yellow Barn Water District (the " District" ) , (b) acquire the Yellow have Water Company , Inc _ water supply and distribution system, and (c) acquire, construct and install improvements to the water system , including equipment, machinery or apparatus required in connection therewith and land or rights in land , all as more particularly described in the report of T. G. Tiller, P. C . , which is on tie in the office of the Town Clerk (the " Project" ) ; and WHEREAS , pursuant to Article h of the Environmental Conservation , law, Chapter 43 -B of the Consolidated Laws of New York, as amended (the " EQR het" ( and the regulations adopted pursuant thereto by the Department of Environmental Conservation of the Mate of hew York, being 6 ThbhR Part 617 , as amended (the "Regulations" ) , the Town Board desires to determine whether the Project may have a " significant effect on the environment" (as said quoted term is defined in the SEQR Act and the Regulations) and therefore require the preparation of an environmental impact statement ; and WHEREAS , to aid the Town Board in determining whether the Project may have a significant effect upon the environment, an environmental assessment form (the 'TAP" ) has been -presented to and reviewed by the Town Board , copies of which EAF em on file in the office of the Town Clerk ; and WHEREAS , pursuant to the Regulations , the Town Board has examined the EAT? in order to make a determination as to the potential environmental significance of the Project ; and rage I O t TF1 el -26-2[} 12 S WHEREAS, the Project does not appear to constitute a "Type f Action" (as said quoted term is defined in the RegulationsM _ NOW , THEREFORE , BE IT RESOLVED BY THE MEMBERS OP THE TOWN BOARD OF THE TOWN OF DRYDEN AS FOLLOWS : { 1 ) Based upon an examination of the EAF, and based further upon the Town Board ' s knowledge of the area surrounding the proposed District and such further investigation of the Project and its environmental effects as the Town Board has deemed aptnrirpote , the Town Board makes the following findings with respect to the Project: (A) The Project consists of (a) the re oa nation of the District, (5) acquisition of the Yellow Barn Water Company , inc . water supply and distribution system , and (c ) the acquisition , construction and installation of improverr..ients to the weer system including equipment, machinery or apparatus required in connection therewith and land or rights in land, all as more particularly described in the report of T. O _ Miller, ON. on file in the office of the Town Ckrk, (N) No potentially significant impacts on the environment are noted in the EAF , and none are known to the Town Board. ( 2) Based upon the foregoing investigation of the potential environmental impacts of the Project and considering bomb the magnitude and importance of each environmental impact therein indicated , the Town Board makes the following findings and determinations with respect to the Project: (AI The Project constitutes an " Unlisted Action" (as said quoted term is defined in the Regulations( ; (B) The P'rojeut will result in no major impacts and , therefore , is ore which will not cause significant damage to the envirorunent . Therefore, the Town Board hereby determines that the Project will not have a signifir,ont effect on the environment, and the Town Board will not require the prepa.ratioa of an environmental impact statement with respect to the Project ; and ( ( As a consequence of the foregoing, the Town Board has prepared a negative declaration with respect to the Project. (3) The Loam Supervisor is hereby directed to file with the Town Clerk a negative declaration with respect to the Project ( said negative declaration to be substantially in the form and substantially to the effect of the negative declaration attached hereto) , which shall be available for public inspection during regular business hours. (4 ) This resolution shall take effect immediately , „d Ti Stelick No[l Call Vote Ti Stelick . Yes CI. Solomon Yes upv Sumner Yes CI Leifer Yes Ni Lavine Absent twj t of 9 11 4-26-20 t 2 RESOLUTION #98 ( 2012 ) - SCHEDULING A PUBLIC HEARING REGARDING THE ESTABLISHMENT` OF TOWN OF DRYDEN YELLOW BARN WATER DISTRICT AND THE ACQUISITION AND IMPROVEMENT OF THE DISTRICT WATER SYSTEM, Supv Sumner offered the following resolution and asked for its adoption ; WHEREAS , the Town Board of the Town of Dryden, Tompkins County, New York (the "Town " ) has caused a map , plan and report (the " Maps and Flans") to be prepared in connection with the proposed establishment of a water district in the Town to be known as Town of Dryden Yellow Barn Water District (the " District" ) and the acquisition and improvement of the District Water System ; and WHEREAS , the boundaries of the proposed District are set forth on Appendix A attached hereto; and WHEREAS , the Town proposes to acquire the Yellow Barn Water Company , inc . water supply and distribution system for the District and to acquire , construct and install water system improvements including equipment , machinery or apparatus required in connection therewith and land or rights in land ( the " Project'° , all as more particularly described in the Maps and Plans ; and WHEREAS , the maximum amount proposed to be expended for the Project is $524 , 920 ; and WHEREAS , the estimated cost for the typical property in the District to connect to the water system. is $285 . 00 , and the cost of the proposed District to the typical property in the District in the first year following formation of the District is estimated to be $ 1 , 045 , 01 ; and WHEREAS , the proposed method of financing the costs of the Project consists of the issuance of serial bonds and bond anticipation notes of the Town to mature in annual installments over a period not exceeding 30 years, payable in the first instance from assessments levied on benefited real property in the proposed District ; and WHEREAS , the cost of the Project will he assessed by the Town Board in proportion as nearly as may be to the benefit which each lot or parcel in the District will derive therefrom ; and WHEREAS , the Maps and Flans describing the foregoing, including a detailed explanation of how the estimated cost of the District to the typical property was computed , have been filed in the Town Clerk' s office and are available for public inspection during regular business hours . NOW , ddddMhORE, BE ET RESOLED AND ORDERED that the Town Board 1,1211 hold a public hearing to hear all persons interested in the establishment of the Town of Dryden Yellow Barn Road Water District and the proposed acquisition and improvement of the District Water System , which public hearing shall be held at the Town Hall , 93 East Main Street, Dryden , New York on May 17 , 2012 at 7; d.b p. m . ; and be it further RESOLVED AND ORDERED that the Town Clerk shall give notice of such hearing by publishing a copy of this resolution in the Ithaca Journal the official Town Pa .etntc 'CB 0.26-2012 101 newspaper, and by posting a certified copy of this resolution on the Town's official sign-board , not less than ten nor more than twenty days before such hearing, 2°s' Cl Solomon Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes C1 Leifer Yes Cl Lavine Absent APPENDIX A BOUNDARY DESCRIPTION YELLOW BARN WATER DISTRICT The Yellow Barn Water District will serve all that tract or parcel of land situate in the Town of Dryden , County of Tompkins, State of New York being comprised of the following tax map parcels . Parcel Number Parcel Number Parcel Number 45-- 1 -49- 11 46--1 -49 , 46 46 , - 1 -49- 82 46-- 1 -49A 2 46.- 149 , 48 46 . - 1 -49- 83 46-- 1 -49A3 46.- 1 -49 ,49 46 . - 1 -49- 84 46 . - 1 -49 , 114 46 , - 1 -49 , 50 46 . - 1 -49- 85 46 , - 1 -49 , 15 46 , - 1 -49 . 51 46 . - 1 -49 , 86 46 , - 1 -49 . 16 46 . - 1 -49- 52 46 , -1 -49 . 89 46 . - 149 . 17 46 . - 1 -49- 53 46 , -1 -49 .9 46 , - 149 . 18 46 . - 149- 54 46 . -1 -55 . 7 46 . - 149 . 19 46 . - 1 -49. 55 46- -1 -56 . 9 46 . -1 -49 , 20 46 , - 149. 56 46- -1 -58 46 , -1 -49 , 21 46 , - 149 - 57 46.-1 -59 46. -1 -49. 23 46 . - 1 -49 - 58 46.-1 -60 46. -149. 24 46. - 1 -49 . 59 46.- 1 -61 46.- 1 -49. 26 46. - 149 . 6 46.- 1 -62 45-- 1 -49-27 46. -1 -49 , 60 48 . - 1 -63 46-- 14928 46. - 1 -49 , 69 46 . - 1 -84 46-- 1 -4929 46.- 1 -49 , 7 46 . - 1 -85 46 . - 1 -49 . 31 46 , - 1 -49 , 70 46 . - 1 -66 46 . - 1 -49 . 34 46 , - 1 -49 . 71 46 . -1 -67 46 . - 149 . 35 46 , - 1 -49 . 72 46 . -1 -68 46 . - 149 . 36 46 . - 1 -49- 73 46. -1 -69 . 1 46 . -1 -49 , 38 46 . - 1 -49- 74 46- -1 -69 . 13 46- -1 -49 , 39 46 . - 149 , 75 46-- 1 -69 . 8 46- -149-40 46- - 1 -4 9 . 78 46-- 1 -89 . 9 46.- 1 -49-41 46- -149 . 79 46 , - 1 -96 46.- 149-42 45,- 149 . 8 46 , - 1 -49 .44 46 , - 1 -49 . 80 46 , - 1 -49 , 45 46 . - 1 -49- 81 The District shall be bounded and described as follows: Beginning at the northwest comer of Parcel Number 46- -1 -96 ; Page 4 of 9 MI-26-2012 S Thence , easterly 530 feet arcing the north line of Tax Parcel 46 . - 1 -96 to the n ortheast corner of said Tax Parcel ; Thence , southerly about 95 feet along the east line of Tax Parcels 48 . - 1 -96 to the northwest corner of Tax Parcel 46.449 , 34 ; Thence , easterly about 260 feet along the north line of Tax Parcel 46_- 149 , 34 ; Thence, southerly about 130 feet along the easterly line of Tax Parcel 46 , - 149. 34 ; Thence, easterly about 50 feet across Yellow Bam Road to the northwest corner of Tax Parcel 46 , -1 -68; Thence, southeasterly about 350 feet along the east line of Tax Parcel 46 . - 1 -68 to the southeast carrier of Tax Parcel 46 . - 1 -68; Thence, southerly about 400 feet along the east lines of Tax Parcels 46 . - 1 -67 , 46 , - 1 -66, 46 . - 1 -65 , 46_-1 -64 and 46 , - 1 -63 to the north line of Tax Parcel 46.- 1 -63 ; Thence, easterly about 145 feet along the north line of Tax Parcel 46, -1 -53 to the n ortheast corner of Tax Parcel 46 . - 1 -83; Thence, southerly about 100 feet along the east line of Tax Parcel 46 . - 1 -63 to the southeast corner of Tax Parcel 46.-1 -63 ; Thence westerly about 145 feet along the south line of Tax Parcel 46 . - 1 -63 to the east line of Tax Parcel 46, -1 -62 ; Thence , southerly about 100 feet along the east line of Tax Parcels 46. -1 -62 and 46 , - 1 -61 to the north line of Tax Parcel 46_- 1 -61 ; Thence easterly about 150 feet along the north line of Tax Parcel 46 _- 1 -61 to the northeast corner of Tax Parcel 46. - 1 -51 ; Thence, southerly about 100 feet along the east line of Tax Parcel 46.- 1 -61 to the Southeast comer of Tax Parcel 46 , - 1 -61 ; Thence, westerly about 150 feet along the south line of Tax Parcel 46.-1 -61 to the east line of Tax Parcel 46 . 4 -60; Thence, southerly about 90 feet along the east line of Tax Parcel 45.- 1 -60 to he southeast corner of Tax Parcel 46 . - 1 -60 ; Thence, easterly about 185 feet along the north line of Tax Parcel 46. -1 -69 . 9 ; Thence, southeasterly about 155 feet along the east line of Tax Parcel 46_- 1 -69 , 9 to the northwest corner of Parcel 46 , - 1 -69. 8 ; Thence, easterly about 154 feet along the north line of Tax Parcel 46.-1 -69 , 8 to the west line of Tax Parcel 46 . - 1 -59 . 1 ; Thence northwesterly about 50 feet along the west line of Tax Parcel 46. -1 -69 . 1 to the northwest corner of Tax Parcel 46_- 1 -69 , 1 ; Thence , easterly about 150 feet along the north line of Tax Parcel 46 . - 1 -69. 1 to the n ortheast comer of Parcel 46 , -1 -69 , 1 ; Thence , southeasterly about 170 feet along the east line of Tax Parcel 46, - 1 -69 , 1 to the southeast corner of Tax Parcel 46 , - 1 -59 . 1 ; Thence, easterly about 70 feet across Chelsey Circle to the southwest corner of Tax Parcel 46 , -1 -69 , 13; Thence, northerly about 505 feet along the west fine of Tax Parcel 46 . - 1 -69. 13 to the northwest corner of Tax Parcel 46 . -1 -69 , 13; Thence, easterly about 300 feet along the north line of Tax Parcel 46.- 1 -69 , 13 to the northeast corner of 46 . - 1 -59 . 13; Thence , southerly about 550 feet along the east line of Tax Parcel 45.- 1 -69 . 13 to the centerline of Ferguson Road ; Thence , westerly about 875 feet along the centerline of Ferguson Road ; Thence, northerly about 20 feet to the southwest corner of Tax Parcel 46 . - 1 -69 . 9 ; Thence, northwesterly about 260 feet along the west line of Tax Parcel 46. - 1 -69 . 9 to the easterly line of Tax Parcel 46 . - 1 -59; Thence, southerly about 190 feet along the west lines of Tax Parcels 46 . - 1 -59 and 45_-, 1 -58 to the southeast corner of Tax Parcel 46 . - 1 -58; 410 Thence , westerly about 195 feet along the south line of Tax Parcel 46. -1 -58 to the centerline of Yellow Barn Road ; Thence, northerly about 475 feet to the northeast corner of Yellow Barn Road ; Pog€ 5411' 9 TB 4-26•2012 Thence , westerly about 300 feet along the north lines of Tax Parcels 46. -149 . 7 and 46. - 1 -49 , 19 ; Thence. southerly about 950 feet along the east lines of Tax Parcels 467149 , 891 46.- 1 -49 . 75 , 46 , - 1 -49. 78 and 46.-1 -46 , - 1 -49.40 to the northwest The of Tax Parcel 46 , - 149.40 ; Thence , easterly about 290 feet along the south lines of Tax Parcels 46 . - 1 -49.40 and 46 . - 1 -49.21 to the southeast corner of Tax Parcel 46 , - 1 -49 .21 ; Thence , southerly about 170 feet along the east line of Tax Parcel 46 . - 1 -49.21 across Top 40 Road to the northeast corner of Tax Parcel 48 .- 149 . 23 ; Thence , easterly about 26 feet to the centerline of Yellow Barn Road; Thence , southerly about 20 arcing the centerline of Yellow Barn Road toa point; Thence, easterly about 620 feet arong the north line of Tax Parcel 46 , - 1 -56. 7 to the northeast corner of Tax Parcel 46.-1 -56 , 7; Thence, southerly about 590 feet along the east lines of Tax Parcels 46 . - 1 -56. 7 and 46.- 1 -56. 9 to the southeast corner of Tax Parcel 46.- 1 -56. 9; Thence, westerly about 620 Peet arcing the south line of Tax Parcel 46 . - 1 -56 , 9 to the centerline of Yellow Barn Road ; Thence , southerly about 65 feet along the centerline of Yellow Barn Road to a point; Thence , westerly about 580 feet along the south lines of Tax Parcels 46. - 149 . 27, 46, -1 -49 , 28 , 46_- 14919 and 46. -1 -49 , 31 to the southwest corner of Tax Parcel 46. -1 -49 , 31 ; Thence northerly about 190 feet along the west line of Tax Parcel 46 . - 1 -49. 31 to the northwest corner of Tax Parcel 48 , 1 -49. 31 ; Thence, westerly about 515 feet arcing the south line of Tax Parcel 46.- 1 -49 . 35 to the southwest corner of Tax Parcel 46 , - 1 -49. 35 ; Thence , northerly about 1665 feet along the west lines of Tax Parcels 46.-1 -49 , 35, 46 , - 1 -49 , 48; 46. - 1 - 1 -49.49 , 46 , - 1 -49. 50146 . - 1 -49. 511 46.- 1 -1 -49 , 52, 46 . - 1 -49. 53 , 46 , -1 -49 . 54. 46.- 1 -49 . 56 , 46. -1 -49 , 56 and 46 . - 1 -49. 57 to the northwest corner of Tax Parcel 46 . - 1 -49. 57; Thence, easterly about 225 feet along the north line of Tax Parcel 46 , - 1 -49. 57 to the northeast corner of Tax Parcel 46 , -1 -49. 58 ; Thence, northerly about 150 feet along the west line of Tax Parcel 46 . - 1 -49. 58 to the northwest corner of Tax Parcel 46 /I -49. 58 ; Thence, easterly about 265 feet along the north tines of Tax Parcels 46.- 1 -49 , 58 and 46 . - 1 -49. 59 to the southwest carrier of Tax Parcel 46 . - 1 -49. 89 ; Thence , northerly about 250 feet arcing the west lines of Tax Parcels 46 . -149 . 89 and 46 . -1 -49 , 38 to the northwest corner of Tax Parcel 46_ -1 -49 , 38 ; Thence, easterly about 250 feet along the north line of Tax Parcel 46 , - 1 -49. 38 to the southeast corner of Tax Parcel 46 , - 1 -49 , 38 ; Thence, northerly about 50 feet along Spring Run Road to the southeast corner of Tax Parcel 46.- 1 -49 . 46; Thence, westerly about 240 feet arcing the south line of Tax Parcel 46 , - 1 -49.46 to the southwest corner of Tax Parcel 46 . - 1 -49.46 ; Thence , northerly about 250 feet along the west lines of Tax Parcels 46.-149 . 46 and 46. - 149 . 45; Thence, westerly about 250 feet along the south line of Tax Parcel 46.-1 -96 to the southwest comer of Tax Parcel 46 . - 1 -96; Thence, northerly about 265 feet along the west line of Tax Parcel 46 . - 1 -96 to the point or place of beginning, Containing seventy five and one-half acres ( 75. 5 ac) more or less S Andy Sciarabba will provide an executive summary for the public hearing. A revised powerpoint presentation will be provided to the Yellow Barn Water Company for distribution to its customers_ Page 6 ur 9 11:1 4-26-2012 There is no cost to the town to acquire the, infrastructure of the company . Cash assets will distributed by the corporation when it is dissolved . The town will receive no cash . A Sciarabba said that it has been recorrumended that the town submit a preapplication for revolving loan fund ranking. It can be done at any time in the formation process, and the deadline for the draft is Monday. This would give no an idea early of where the project ranks . RESOLUTION #99120121 — AUTHORIZE FILING OF DRINKING WATER STATE REVOLVING FUND PRE-AAPLIATION CCupv Sumner offered the following resolution and asked for its adoption : hh hLVTh , that this Town Board hereby authorizes T. C . Miller Engineers to submit the hreliminary Project Schedule and Cost estimate for the Yellow Barn Water District. gnu' Cl Soloman loo] ] hail Tote Cl Ste lick hes CI Solomcpn Yes hope Sumner Yes f Leifer Yes Cl Lavine Absent Charlie Smith, Conservation Board Chair, said the Conservation Board has reinitiated the CEA review and discussion . They did seek and receive guidance from the Town Suphrvi:sor and the Planning Department . The spent at least two hours discussing boundary definitions 1111 and reached no conclusions_ he said they can't do any better trying tp sell this to the Conservation Board than the Planning Department has done . The Planning Department has updated and delineated the PTAs in a professional manner , using the best science and knovwledge they have . There has been pressure on the Conservation Board to act independently of the Town Board , The Conservation Board doesn 't have authority to call public hearings and will not do that . l La.vine arrived . The Conservation Board has sketched out a general schedule of meetings in May to accommodate the review of CEAs , focusing on content . Boundaries are not debatable at this point. At the end of Tay they will have reviewed 25 of the 31. hEAs. On An 29th they will be a reality check and perhaps schedule a electing in hone to finish it off. C Smith said he has become prescriptive on how board members relate with the visitors at the meeting. There is no provision in their rules and procedures for privilege of the floor or citizens ' privilege . They have a handout at the door explaining their position on public participation . He said the town has a great, professional group in the Planning Department and he appreciates that, C Smith suggested that with the Library 's approval , the Town could place herd copies of documents there for the public to review. Cl Leifer said the retainer agreement with EarthJustice has bean signed . He and Supv Sumner are the contacts , babe Sumner will be the public relations part and work with their media person . Cl Leifer will do the other stuff, and if he 's not available , baby Sumner will take 10 care of it . Rage 7 of 9 Iii 4-26-2012 Supv Sumner said she wanted it clear that the agreement was for the current appeal , and not another, if there is one . Cl Lavine said three lawyers have advised her that that is a potentially foolish move. You can always dismiss your legal counsel if you 're not happy with them, so you 're not gaining anything by writing off the future appeal . They have offered representation for the whole series of appeal process and are cawmittod to doing that unless we dismiss them , Therefore, we lose everything and gain nothing with the retainer agreement written that way when she and CI Leifer clearly understood it to be the other way. She said it was inappropriate to unilaterally change it, and moved to change it back to what was agreed upon . dupe Sumner said the didn 't believe that is what was discussed , and hi Lavine said it was a standard form . Supv Sumner said this particular sentence was in the introductory paragraph of the letter and was not part of the standard retainer that we reviewed prior. CI Lathes moved to make it clear that the intention of the board is that on good behavior the Town is retaining Earthhustice for the duration of the appeals (knowing that anytime we think they are behaving badly for our purposes , it ie a.bsolutely our right to dismiss them) . The intent is that the Town is retaining herthboehae for the course of the appeal, and the retainer agreement should reflect that . hi Ste tick clarified that the board could dismiss EartIJustice at any time for any reason_ CI Leifer said that is correct , and that the attorney cannot be released from representing as without our permission . dupe Sumner said oho understands the logic of what is being said , but when the mad it the last time , she felt that she had no reason to assume that it would go beyond this appeal . The Town can retain them at any time in the future if them is another appeal . C1 Lavine said we are the only ones who stand to lose _ We risk losing tens of thousands of dollars because it is a contract that to binding on their part . C1 Solornon said he thought the agreement was for this appeal; that it was a one step at a time process, and at each step you would choose . He doesn't feel he can vote on this now, because he hasn 't seen it or had time to think this through . CI Ste lick said he read this today and understands it dl Leifer explained that when an. attorney gives you a retainer agreement , they are bound to a scope of representation . Anything outside of that they are not bound to do . RESOLUTION # loo ( 2018 ) - AMEND RETAINER AGREEMENT C1 Lavine offered the following resolution and asked for its adoption : RESOLVED, that the retainer agreement with darthJustice shall be amended to reflect that it is the intent of the hewn Board to retain Earth Justice for the duration of the appeal ( sP in the Asehutz v. Town of Dryden matter_ fnd 1 Leifer had Call Vote hi Stelick Yes Cl ohomon Abstain Supv Sumner No 1 Leifer Yes Si bovine Pee Paget {, f4 TB 4-26-20 12 Town Clerk B Avery said she has received nothing from any board members with respect to the recent FOIL request , and they have a deadline to meet . Cl Stebck and Cl Solomon said they have nothing. Cl Infer said he has a few items that he will bring in soon . Cl Lavine reminded board members that intra-agency materials of an opinion nature could be withheld . There being no further business, on motion made , seconded and unanimously carried , the meeting was adjourned at 8 : 15 p . m . Respectfully submitted , 75 , • $ a•-i . Iambi L. Avery Town Clerk 41) Page 9 of 9