Loading...
HomeMy WebLinkAbout2014-10-09TB 10-9-14 D R A F T Page 1 of 8 TOWN OF DRYDEN TOWN BOARD MEETING October 9, 2014 Present: Supervisor Mary Ann Sumner, Cl Gregory Sloan, Cl Joseph Solomon, Cl Jason Leifer, Cl Linda Lavine Elected Officials: Bambi L. Avery, Town Clerk Other Town Staff: Jennifer Case, Bookkeeper Supv Sumner called the meeting to order at 7:00 p.m. The board discussed asking Dominion representatives to come to a meeting and speak to the board about plans that may involve the compressor station. They also discussed asking NYSEG representatives to come to a meeting about the West Dryden Road project. Cl Leifer noted that there were vouchers in this month’s abstract for some materials in connection with the work done on German Cross Road. RESOLUTION #146 (2014) – APPROVE ABSTRACT #10 Supv Sumner offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves Abstract #10, as audited, general vouchers #754 through #848 ($405,209.12) and TA vouchers #22 through #23 ($3,102.19) totaling $408,311.31. 2nd Cl Leifer Roll Call Vote Cl Sloan Yes Cl Solomon Yes Supv Sumner Yes Cl Leifer Yes Cl Lavine Yes Yellow Barn Water District – Supv Sumner said the Comptroller has approved proceeding with funding of the Yellow Barn Water District. She reminded the board that the contractor had held the bid until October 1 and we received the official notice from the Office of the State Comptroller on September 30. The board will now need to pass a final resolution approving the increase of the maximum amount to be spent and the bond resolution. RESOLUTION No. 147 (2014) - FINAL RESOLUTION APPROVING THE INCREASE OF THE MAXIMUM AMOUNT AUTHORIZED TO BE EXPENDED FOR THE TOWN OF DRYDEN YELLOW BARN WATER DISTRICT. 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"), previously established a water district in the Town known as Yellow Barn Water District (the "District") and authorized the acquisition, construction and installation of a water TB 10-9-14 D R A F T Page 2 of 8 supply and distribution system (the “Project”) at a maximum cost of $524,920, with the annual cost to the typical property owner in the District to be approximately $1,045.01 per year; and WHEREAS, based upon bids received for the Project, the Town Board determined that the maximum cost of the Project will be $640,000, constituting an increase of $115,080 over the original estimated maximum cost, and the first -year cost to the typical property in the District is now estimated to be $1,157.98 per year; and WHEREAS, by resolution adopted on June 19, 2014, the Town Board approved the increase in the maximum amount to be expended for the Project pursuant to the requirements of Town law Section 209-h, subject to New York State Comptroller’s approval; and WHEREAS, by Order dated September 29, 2014 the New York State Comptroller granted permission to increase the maximum amount to be expended on behalf of the District. NOW, THEREFORE, be it RESOLVED, that the Town Board hereby grants its final approval of the increase in the maximum amount to be expended for the District, as described above; and be it further RESOLVED, that the Town Clerk is hereby authorized and directed to cause a certified copy of this resolution to be recorded in the office of the Tompkins County Clerk and filed in the office of the State Department of Audit and Control in Albany, within ten (10) days after the date hereof, in accordance with the provisions of Town Law Section 209 -g(1). 2nd Cl Lavine Roll Call Vote Cl Sloan Yes Cl Solomon Yes Supv Sumner Yes Cl Leifer Yes Cl Lavine Yes RESOLUTION #148 (2014) - BOND RESOLUTION AUTHORIZING THE ISSUANCE OF AN ADDITIONAL $115,080 SERIAL BONDS TO FINANCE THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF IMPROVEMENTS TO THE WATER SUPPLY AND DISTRIBUTION SYSTEM FOR YELLOW BARN WATER DISTRICT IN THE TOWN OF DRYDEN, TOMPKINS COUNTY, NEW YORK. Supv Sumner offered the following resolution and asked for its adoption: WHEREAS, the Town Board of the Town of Dryden, Tompkins County, New York on January 17, 2013 adopted a Bond Resolution (the “Prior Bond Resolution”) entitled “A RESOLUTION AUTHORIZING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF IMPROVEMENTS TO THE WATER SUPPLY AND DISTRIBUTION SYSTEM FOR YELLOW BARN WATER DISTRICT IN THE TOWN OF DRYDEN, TOMPKINS COUNTY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $524,920 AND AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $524,920 SERIAL BONDS TO PAY THE COST THEREOF”; and WHEREAS, the Town Board wishes to (i) authorize the expenditure and appropriation of additional funds in connection with the acquisition, construction and improvement of the Yellow Barn Water District water system; and (ii) authorize the issuance of additional serial bonds of the Town to finance such additional appropriation; TB 10-9-14 D R A F T Page 3 of 8 NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two- thirds of the total voting strength of the Town Board of the Town of Dryden, Tompkins County, New York as follows: Section 1. The Town of Dryden, Tompkins County, New York (the "Town") is hereby authorized to undertake the acquisition, construction and installation of improvements to the water supply and distribution system for Yellow Barn Water District (the “District”) in the Town, including the acquisition of equipment, machinery or apparatus required in connection therewith, at an estimated maximum cost of $640,000, constituting an increase of $115,080 over the amount authorized in the Prior Bond Resolution. Section 2. It is hereby determined that the plan for financing of such new maximum authorized cost of $640,000 shall be as follows: (a) by the issuance of $524,920 of serial bonds of the Town heretofore authorized to be issued pursuant to the Prior Bond Resolution; and (b) by the issuance of an additional $115,080 of serial bonds (the “Bonds”) of the Town authorized to be issued pursuant to this Resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty (40) years, pursuant to Section 11.00(a)(1) of the Local Finance Law. The proposed maturity of the Bonds will be in excess of five years. Section 4. Pursuant to Section 107.00(d)(3)(a) of the Local Finance Law, current funds are not required to be provided prior to issuance of the Bonds or any bond anticipation notes issued in anticipation of issuance of the Bonds. Section 5. The temporary use of available funds of the Town, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created, is hereby authorized pursuant to Section 165.10 of the Local Finance Law, for the capital purposes described in Section 1 of this resolution. Section 6. The Bonds and any bond anticipation notes issued i n anticipation of the Bonds, shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law and the Bonds, and any bond anticipation notes issued in anticipation of the Bonds, shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the real property within the Town without legal or constitutional limitation as to rate or amount. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be apportioned and assessed upon the several lots and parcels of land within the District, which the Town Board shall determine to be especially benefited by the improvement, an amount sufficient to pay the principal of and interest on such obligations as the same becomes due and payable, but if not paid from such source, all the taxable real property in the Town shall be subject to the levy of ad valorem taxes without limitat ion as to rate or amount sufficient to pay the principal of and interest on such obligations when due. Section 7. Subject to the provisions of this resolution and of the Local Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00 an d 56.00 to 63.00 inclusive of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the Bonds herein authorized, including renewals of such notes, and the power to prescribe the terms, form and contents of the Bonds, and any bond anticipation notes, and the power to sell and deliver the Bonds and any bond anticipation notes issued in anticipation of the issuance of the Bonds, and the power to sell and deliver the Bonds and any bond anticipation notes providing for substantially level or TB 10-9-14 D R A F T Page 4 of 8 declining annual debt service, is hereby delegated to the Town Supervisor, the chief fiscal officer of the Town. Section 8. The reasonably expected source of funds to be used to initially pay for the expenditures authorized by Section 1 of this resolution shall be from the Town's General Fund. It is intended that the Town shall then reimburse such expenditures with the proceeds of the Bonds and bond anticipation notes authorized by this resolution and that the interest payable on the Bonds and any bond anticipation notes issued in anticipation of the Bonds shall be excludable from gross income for federal income tax purposes. This resolution is intended to constitute the declaration of the Town's "official intent" to reimburse the expenditures authorized by this resolution with the proceeds of the Bonds and bond anticipation notes authorized herein, as required by Regulation Section 1.150-2. Section 9. The validity of the Bonds authorized by this resolution and of any bond anticipation notes issued in anticipation of the Bonds may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money; or (b) the provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication; or (c) such obligations are authorized in violation of the provisions of the Constitution. Section 10. This resolution, or a summary hereof, shall be published in the official newspapers of the Town for such purpose, together with a notice of the Cl erk of the Town in substantially the form provided in Section 81.00 of the Local Finance Law. Section 11. This resolution is not subject to a referendum on petition in accordance with Section 35.00(b)(2) of the Local Finance Law. Section 12. The Town Supervisor, as chief fiscal officer of the Town, is hereby authorized to enter into an undertaking for the benefit of the holders of the Bonds from time to time, and any bond anticipation notes issued in anticipation of the sale of the Bonds, requiring the Town to provide secondary market disclosure as required by Securities and Exchange Commission Rule 15c2-12. Section 13. The Town Board hereby determines that the provisions of the State Environmental Quality Review Act and the regulations thereunder have previously been satisfied with respect to the expenditures authorized by this resolution. Section 14. This resolution shall take effect immediately. 2nd Cl Solomon Roll Call Vote Cl Sloan Yes Cl Solomon Yes Supv Sumner Yes Cl Leifer Yes Cl Lavine Yes TB 10-9-14 D R A F T Page 5 of 8 Discussion Items Conservation Board About a year ago the Town Board had asked CB to work on open space plan from the perspective of conservation of open space. At the same time the Ag Advisory Committee and the Recreation Committee were working, respectively, on farmland protection plans and recreation plans. It was hoped that these would all combine into an open space plan that included farmland and recreation. It has gotten kind of confusing, so the Conservation Board would like the Town Board to direct them to proceed with preparation of a natural resources conservation plan for the town, with support from the planning department. The plan would include, but not be limited to enduring landscape features, water resources, biological resources, productive land resources, and scenic and recreational resources. They have a sked the Town Board to consider the concept and perhaps draft a resolution redirecting them and relieving the other boards of working with them on an open space plan. Nancy Munkenbeck said she would like the proposed resolution to use the word “may” instead of “shall” in the last paragraph. Bob Beck, Conservation Board Chair, said it seems like they weren’t getting far with Open Space Plan and the boards may be more motivated to work on their own ongoing projects, and maybe in time they could pull all the plans together into a natural resources conservation plan, and then include it in the Comprehensive Plan. Cl Lavine said it makes sense that the Conservation Board does it alone at the first instance. Nancy Munkenbeck would like to change “to include” to “may include”. Supv Sumner said she will reword the suggested resolution and review it with the Conservation Board before bringing it to the Town Board. Risks might be a better word than threats in that resolution. B Beck said they already have the UNA information, the open space inventory and criteria for town acquisition and stewardship of open space property. Supv Sumner would like to bring the criteria and acquisition plan to the Town Board soon. The Conservation Board has also drafted a plan for trail maintenance that should be reviewed by the DPW before coming to the Town Board. Conservation Board also has the idea of developing a trail on the old railroad right-of- way from Freeville to McLean and perhaps on to the Cortland County line. Several property owners have indicated they would be cooperative. Supv Sumner said at this time we are mostly focused on the Game Farm Road to Etna portion and don’t want to distract from that. Cl Lavine would like to talk with some of the landowners. Supv Sumner would like to talk with Jane Nicholson about where the effort on the west end of the project is and whether we can do this without detracting from that. Bob Beck urged the board to proceed with contacting land owners. The other projects seem to have some problems yet to be worked out and we don’t know how long it could take. In places where the rail bed is gone, you could skirt north of those properties (there are two). It is feasible. Supv Sumner would like to see a formal proposal and said she would recommend a goal of exploring the possibility. G Sloan would like a presentation on the trail projects and the status of each, including the segments we have, any blockages and plans about how to unblock them. Supv Sumner would like a trail update report by the end of the year. She will try to draft a letter of support for exploring the feasibility of the Freeville to McLean portion. TB 10-9-14 D R A F T Page 6 of 8 Varna Development Plan J Nicholson explained that in 2012, the Town adopted the Varna Hamlet Community Development Plan. It outlined proposed ways to improve streetscape development, quality of life, character, basically enhance the community. One of the biggest parts of the plan was focused on the road network. A lot of people walk and bike through there and it’s not safe. In 2012 the department was successful in getting Varna on the Transportation Improvement Program (TIP) through the Metropolitan Planning Organization (MPO). This is federal money used for local street and road improvements. They were able to get approximately $400,000 for construction and $46,000 for inspection. They thought it would come up in 2018, but are on the schedule for 2016, meaning we have to be ready for construction in 2016. We are listed for construction and inspection and are missing the design phase. The State was under the impression the Town would do the design phase. There town now has two options: (1) To go forward with the design phase (and state may fund that phase), and be ready for construction in 2016 and 2017. The Town has to come up with a 20% match or $93,000. That can come from private sources or other agencies, but we need to come up with it. (2) Push off construction and inspection and use the money for the design phase in 2016 and then apply to get back on the TIP for construction (probably 2021). Design could cost up to $50,000. The consensus of the board is to not delay. The sooner it is done, the less likely we are to have another injury. It will likely cost more if we delay. Fernando de’Aregon has offered to go to Syracuse with J Nicholson and get try to get the State behind it. We are moving along with the Varna Trail and that works in our favor. One of the traffic calming measures being considered is a mini roundabout at the 366 and Freese Road/Mt Pleasant Road intersection . The board encouraged Jane Nicholson to talk to the state and report back with a clearer idea of costs and timelines involved. Water Sewer Consolidation Study Supv Sumner said there were no proposals in the response to the RFP last month. The RFP did say that TG Miller has been selected to do the infrastructure portion of the study. They can do this for an amount not to exceed $7,000, and TG Miller will provide a proposal for the rest of the project. Fiscal Advisors will work with TG Miller. The grant to study this is $12,500. The fee for Fiscal Advisors should be about $5,000 and there will be substantial legal expense because Atty Perkins will be involved along the way. Supv Sumner is hoping to have a proposal for the whole thing next week that the board can move on. Water Resources Protection Advisory Group Steve Winkley will be on the agenda next week to give a presentation on water resources protection and planning. The town will soon need an advisory group. Cl Leifer will find a group of people to work on this (7 or so). Planning will start in April for Dryden. The advisory board can be appointed at the organizational meeting in January. Zoning Amendment J Nicholson has a zoning amendment for the board to consider relative to signs for manufactured home parks. The sign section table in the ordinance does not have a use category for manufactured home park signs. She would like to add that category. Applicants would need a variance otherwise. They are proposing 32 sq ft as a maximum size. The TB 10-9-14 D R A F T Page 7 of 8 amendment must be introduced and a public hearing held. The goal is to have approval in November. Budget Goals & Schedules Supv Sumner thanked Cl Leifer and Cl Solomon for meeting with J Nicholson today, and Cl Sloan for meeting with her this week. Staff has asked the board meet with department heads regarding their budget requests and Supv Sumner approves that concept. Cl Solomon and Cl Leifer have met with the Highway Superintendent and Cl Sloan will do that in the near future. She encouraged board members to meet with department heads in the near future. Health insurance premiums and changes in contribution amounts for part time elected officials were discussed. Supv Sumner suggested it was short notice and could perhaps be in effect for the 2016 budget perhaps in July of 2015. Cl Leifer will do a resolution for consideration. Supv Sumner reminded the board that the budget as presented allows for using $500,000 from fund balance, and still leaves us with a tax levy greater than the cap and increases the rate to $2.08. She did some rough estimates about how assessments are expected to grow and how we expect the levy cap to affect us in the next 10 years. It makes it difficult to increase the rate by 1 cent per year. We are looking at a 2% increase in levy even though the assessment increases. She suggested we might need to either ov erride the cap in a big way one year or suffer through tiny changes in the levy. We have kept the levy artificially low by use of fund balance over the past several years. Cl Lavine was excused at 8:18 p.m. Supv Sumner said she needs some more direction and thinks we need to cut a half million to a million out of this budget. The board will meet to focus on lowering the budget on Wednesday, the 15th at 6:30 p.m. They may have to exceed the levy cap. Highway budget is up $600,000 and the board would like to reduce the highway budget by $300,000. Last year Jack Bush reduced his budget by $324,000 after the election and Rick Young would like that back. Supv Sumner noted that the 2014 budget is still higher than prior year expenditures, so she doesn’t feel the cut is as deep as it looked. The question is depending on how low we are able to get DA, DB, and DPW, are we willing to override the cap in a substantial amount, or are we willing to use fund balance for either A or DA. Board recruiting B Avery reported that her office has begun advertising for applicants for the volunteer boards. Stop sign on Ferguson Road The board discussed the Village’s request for support for a stop sign at the intersection of Ferguson Road and Mill Street. They would like to know what options other than stop signs have been explored and any historical traffic data. Supv Sumner will contact Mayor Zimmer. J Cipolla-Dennis email The board discussed a recent email from Joanne Cipolla -Dennis. Supv Sumner said there may be some misinformation about this gas main and some people believe that it will contribute to the refueling of the Cayuga Power Plant. There are still questions with respect to the easement along West Dryden Road. Supv Sumner will respond that NYSEG is not TB 10-9-14 D R A F T Page 8 of 8 proposing refueling Cayuga. That is a PSC thing. The Board believes that the matter of easements is not the Town’s fight, but will look into it. NYSEG franchise Cl Leifer is trying to determine whether it is still in effect. He asked what the board can do with respect to West Dryden Road, if it wanted to. He is looking into whether the Town has any authority in the matter. There is no mention of eminent domain in the old franchise documents. He doesn’t know authority the town has with respect to any of this. There being no further business, on motion made, seconded and unanimously carried, the meeting was adjourned at 9:10 p.m. Respectfully submitted, Bambi L. Avery Town Clerk