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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) Page 1 of 4 T13 6 -14 -06 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. Page 2 of 4 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 T13 6 -14 -06 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 Page 3 of 4 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 Page 4 of 4