HomeMy WebLinkAbout2012-03-01 • TOWN OF DRYDEN
INFORMATIONAL MEETING
PROPOSED YELLOW BARN ROAD WATER DISTRICT
MARCH 1 , 2012 7:00 p. m.
• Present: Supervisor Mary Ann Sumner, Cl Stephen Stelick , Cl Joseph
Solomon , Cl Jason Leifer
Elected Officials: Bambi L. Avery , Town Clerk
Jack Bush, Highway Supt
Other Town Staff: A Sciarabba, TG Miller Engineers
Andy Sciarabba of TG Miller Engineers introduced himself and explained that the
Yellow Barn Water Company petitioned the Town in 2011 to take over the water system . The
Town retained TG Miller to prepare a Map, Plan and Report . That is available in paper copy
tonight, and on the town 's website . The early system was built between 1960 and 1970. 78
lots are currently served by the water company. Those properties and three undeveloped lots
on Spring Run Road are included in the Map, Plan and Report . Presentation attached .
Water is currently supplied by four wells . The average water consumption is 10,950
gallons per day. A Sciarabba said yields on the wells are very low . For a private well serving a
household you would hope for 4 to 5 gallons per minute to supply your house . All four wells in
the system only provide about 9 . 2 gallons per minute , and that's why there is a 35 , 000 gallon
® tank for storage. The Health Department looks at whether the system can handle the peak
demand with the best well out of service , and that would not be the case currently. The Health
Department has indicated the existing system is grandfathered , but would like the Town to
upgrade the system to meet regulations as best they can , but will not require new wells be
drilled at this point.
The water supply is treated with chlorine where it goes into the tank. The tank is more
than likely at the end of its useful life . The distribution system is a series of 1 " to 4" pipes.
There are no fire hydrants . Systems designed these days would be designed to accommodate
hydrants. That is not a requirement, and the company does not wish to upgrade the system
for fire protection .
A Sciarabba said they are not proposing any new wells and will use what is there.
There is regulation that the owner of a water system must own the land within 100 ' of the well
and either own or secure through an easement or other means the area within 200 ' of the well .
The existing wells don 't meet those requirements and would be grandfathered. As part of
creation of the district they would go through some administrative procedures to get as much
protection of the wells as possible by securing additional easements and / or land purchases if
necessary .
T. G . Miller recommends a 53 , 000 gallon tank . There is not a large yield from the wells
so you need as much storage as possible . They also propose a new treatment building and
adding a pressure reducing valve.
The cost estimate (total $524 , 920) includes the physical improvements , engineering and
legal costs, administrative costs and an escalation percentage to cover the price increases in
• the time between now and the actual build , which could be a couple years out. Debt service
would be the cost of improvements. First year cost would be $31 , 250 . This amount would be
shared between the parcels , based on a formula that takes into account assessed value ,
acreage and units .
Estimated water fees are $ 12 , 85 / 1. , 000 gallons ($659 . 21 annually) , This was arrived at
by considering what the customers currently pay and how it compares to other districts in the
county _
The NYS Comptroller sets thresholds each year for the establishment of water districts .
We need to take into account the debt service and the usage fees . The threshold this year is
$696 , 00 for a typical properly _ The debt service and usage fees for a typical property in this
case would be $960 . 06 , so approval from the Comptroller's office will be necessary.
A property comer asked what the cost of adding the protection would be and was told it
would probably triple the cost of the district_
The Town Board has declared itself lead agency for the environmental quality review. If
no other agency comes forward and declares lead agency, then the Town can complete the
F review at its next meetin . After that happens , a public hearing can be
scheduled . That
will be another opportunity for public input prior to the board making a decision to move
forward .
The report states that the Town doesn 't have a system operator. The first year it will be
hired out to a qualified person or company or town staff will be trained and certified .
Them was a question on the benefit formula and the use of acreage. A resident said
that acreage doesn 't seem to be a cast or benefit driver and he would be in favor of a unit
41, charge _
The cost of new water meters in the homes would be the responsibility of the
homeowner_ New meters are recommended in the report. The town wants to be sure the
meters are accurate .
The debt service he would be tax deductible . Usage fees are not .
A resident at the corner of Ferguson 86 Yellow Barn Road , near the existing well, said he
has maintained that parcel or land and is concerned about how the town will rrpaiuttain that
land and asked if the town would store equipment next to his property . A Sciarabba said the
wellhead protections would prevent the town from putting any structures on that strip of land .
There would be normal mowing and access to the well _
A resident asked how long it would take to complete this process. A Scianibba said if
they voted to form the district over the next three or four months , there would be about a year
or year and a half to get the design and approvals , and construction would start about two
years from now _ The town would not take over the district until all improvements were made _
The water company would have to transfer to the town whatever interest and
improvements they have . There is no funding for a purchase of existing infrastructure , The
Town would need to have surveys and secure easements .
There was e question about whether NYSEG NYSE was on board with this project, considering
their close proximity. A Sciarabba said they have not been contacted yet. That will happen
after it is determined that the project will move forward , he believes them is enough land to
• put up a new tank and keep the existing tank in operation prior to a switcherer,
Funding for future minor repairs would be handled through the water use fees . A major
repair would likely be bonded , depending on the size . It was noted that sonic repairs have been
made in recent years. A Sciarabba said a pressure valve would likely help avoid some repairs.
Ilene Miller said she hoped that the repairs they made most recently have helped to stabilize
the system.
There were no further questions , and the meeting ended at 7 : 45 p. m .
Tenn of Dryden
Informational Meeting
Proposed Yellow Barn Road Water District
March 1 , 2012
Name - Address or Board
inCetAiweik12.0 s.--10r4vs- f it° C •
• L ! e � l ip
' CAL 1
Ootter-f Aur 4,,„„ ed ,
_ 4
OQL ._ f'2
t
t k k ?a C v
#- ere,'" yo //6 , ice
: • 2 • %di& : ,' fó/ .- -
€f bb di- 6 q Spr : ►, 5 eiek j .
Quet,1410140 th 01 i
SO' /&i , .
746, -rjAr- 4Alo-r
7 ,4/ 410 .
e r Peet/1/47fr/
Town ci I) r d n
Informational Meeting
Proposed Yellow Barn Road Water District
March 1 , 2012
rte' i .. . . . : . i. •-9 'r'. . �
Name - 1eas'e ; ! : ri1 Address or Board
( err-
le 4- an 1 h V
csittc t t 5 ce7 acc o; X74 0
61(4 trarifl __&11531)) Oti
11-Nr6idi 1450,414 4 6/1PM nifi)
Livisikneu scorivwq &I/AL
r
0 6CQ-71.. 449 /4 "Lc. xi
•
.l`}i 3- I - I2
• TOWN OF DRYDEN
SPECIAL TOWN BOARD MEETING
March 1 , 2012
Present; Supervisor Mary Ann Sumner, Cl Stephen Stelick, Cl Joseph
Solomon , Cl .Jason Leifer, Cl L Lavine
Fleeted Officials. Bambi L. Avery , Town Clerk
Jack Bush , Highway Superintendent
Other Town Staff: Mahlon R, Perkins , Town Attorney
Supv Sumner called the meeting to order at 8 : 00 p . m . and asked the board to authorize
a payment to Dryden Ambulance , Inc, that was inadvertently omitted from Abstract 01
RESOLUTION #66 (2012 - AUTHORIZE PAYMENT TO DRYDEN AMBULANCE, INC.
Supv Sumner offered the following resolution and asked for its adoption. ;
RESOLVED, that this Town Board , because it was omitted from the February Abstract ,
hereby authorizes the payment to Dryden Ambulance , Inc . of $ 175 , 947 , 00 ,
" Cl Solomon
ID Roll Call Vote Cl Stelick Per
Cl Solomon Yes
Supv Sumner her
C1 Leifer Yes
1 Lavine Yes
Supv Sumner said the topic ter this meeting is discussion of the Anschutz lawsuit in
which we had a favorable decision last week . Her earliest notes on the p-ossible effects of gas
drilling were in September 5008. She said there is a long, long list of people to whom we owe a
great deal _ She thanked the Tompkins County Council of Governments Task Force , Dryden
Resources Awareness Council, Joe Wilson who is a member of DRAh and served on the TTCOO
Task Force , the board members for absorbing as much as they did in a relatively short period
of time and keeping narrowly focused on the issues , and especially to Jason Leifer for pushing
us to propose a zoning amendment with an explicit prohibition. More so, thank you to Mahlon
Perkins for hours conceiving this very direct approach, hours writing the amendment and
many , many more hours preparing the defense of it. She realized in June that without his
personal conviction as well as his dedication it would have been much more difficult for the
board .
Supv Sumner asked Any Perkins to summawer what is going on and what is expected
to go on in neat few months .
Atty Perkins said the neat step is not ours. Them its a Decision , Order and Judgment
which was entered , The time to No a notice of appeal has started to run. There are three parts
IP to an appeal ; taking the appeal , perfecting the appeal and arguing. Taking an appeal is very
simple _ Zt involves Cling with the Clerk of the Supreme Court in Tompkins County a one page
document, a notice of appeal , and paying the fee . A copy is served on your adversmy, and
tore I of 3
T133- 1 - 12
• appeal is deemed taken as of that minute_ That has to be done within 30 days_ The last day to
do that is April 2 . After they have taken the appeal , it must be perfected, That means that the
appellant must file the record and brief within 60 days . The brief will be on the full record,
The record consists of all of the papers in the case (bound , not more than1 'A inch thick! _ It
will likely be several volumes _ It will basically be the summons and complaint, the answer,
motion papers , the record that we submitted in three volumes at the very beginning, the
decision, and them are some other statutory requirements about papers that must be included .
It is basically everything that happened in the court below, not including correspondence or
legal briefs or memorandums or anything like that . It 's the actual pleadings , the docutrtents ,
the motion papers and so forth . That is the record .
The appellant must prepare their brief. Them is a limit on how long it can be . 'There
one very strict requirements about type size, number of pages , margins, and how it is
presented _ Once that is filed (record as brief] the Clerk of the Appellate Division sends out a
scheduling memorandum . They will schedule the date by which the respondent must file their
brief (usually 45 days) . These periods of time are a lithe flexible. If the appellant doesn't file
within 60 days , not much happens_ Too could make tnotion to dismiss it, in which case the
court would likely say it is deemed dismissed unless they file within another 60 days (giving
them an additional period of time) . if there is no action within 9 months from the notice of
appeal it will be dismissed _ The scheduling memorandum wilt tell approximately when it will
be argued . There will he plenty of notice to prepare for oral argument_
The brief cover must contain the time requested for oral argument, no more than 30
minutes. The court usually allows 15 minutes .
The appeal is assigned to e judge and argued in front of a five judge panel . After the
argument , the assigned judge will rough out and circulate a decision . They will then
conference and vote on it . Decisions are released on Thursdays at noon_
Atty Perkins said when you take an appeal, you are bound by the issues in the each
below, You can 't introduce new material . Ton can 't start making an argument that wasn 't
made in your brief or papers in the each below . It 's on the record created in the court below
and the court's decision, There are no depositions and no discovery _ If you are the appellant
You will explain why the court below made a mistake. if you 're the respondent, you will bolster
the argument made in the court below and why the decision was correct .
upv Sumner asked how the brief for the Appellate Division would differ from the brief
in Supreme Court. Atty Perkins said if you are the respondent you will bolster the arguments
that were successful in the court below and make the Appellate Division feel them is no issue
for them to turn,
Cl Lavine asked if you would be arguing on your feet against the arguments of the
appellant, kitty Perkins said yes, but they be bound by what they put in their brief, and
you will have that ahead of time . There will be new briefs by the parties , and potentially new
arnieus briefs.
hi Lavine said a huge amount of briefs have been collected from the Middlefield hearing
and a large number of municipalities have signed on to the Osterman h Hanna brief. She
asked if these will be included and Atty Perkins said they will have to file for permission to file
a brief.
Cl Lavine asked about the possibility of this case being combined with the Middlefield
case . Atty Perkins said if they were both appealed , because they are so similar they might be
scheduled at the same time. They are two separate cases.
Fah t he
TB 3 - 1 - 12
• Supv Sumner said we don 't know what will happen or whether there will be an appeal .
Anschutz could file a lawsuit of an entirely different issue. Atty Perkins said if he was
representing the other side, he would file notice of appeal even if he didn 't intend to act on it . If
you don 't file a notice of appeal you 're out of the game.
Supv Sumner asked whether it is likely the feeling between the parties is that there is
no reason to stretch this out any longer than necessary . Atty Perkins said that is probably the
case. There is no real dispute on the facts. The facts are the existence of the amendment and
whether or not that action was preempted by the Oil , Gas and Solution Mining Law .
Supv Sumner said she has questions that are more related to strategy of the case , and
moved to go into executive session at 8 : 24 p. m . , asking that Atty Perkins and Clerk Avery
attend the executive session . The motion was seconded by CI Stelick , and unanimously
carried. There was no action taken , and the board moved back into regular session at 9 : 09
p .m.
There being no further business, on motion made , seconded and unanimously carried ,
the meeting was adjourned at 9 : 10 p. m .
Respectfully submitted ,
r 4 ,t4
l3ambi L. Avery
Town Clerk
•
•
Page 3ors
l ewn ci rniti n
• Special Town Board Meeting
March 1 , 2012
IV v 1 d Name - {- - ase Priri_ Address or Board r
V4a -Von._ µ 4
� L.T
_4 ` ‘64.iiti o ea, 44
Y i r
•
•