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HomeMy WebLinkAbout2014-05-29TOWN OF DRYDEN SPECIAL TOWN BOARD MEETING May 29, 2014 Present: Supervisor Mary Ann Sumner, Cl Gregory Sloan, Cl Joseph Solomon Absent: Cl Jason Leifer, Cl Linda Lavine Elected Officials: Bambi L. Avery, Town Clerk Other Town Staff: Andrew Sciarabba, TG Miller Engineers Supv Sumner opened the meeting at 6:55 p.m. Supv Sumner explained that it is necessary to schedule a public hearing to determine whether it is in the public interest for Bolton Point to acquire additional facilities wi th respect to the water main planned for construction this summer. The improvement is being paid for out of reserve funds. There will be no additional bonding for it. RESOLUTION #92 (2014) - CALLING A PUBLIC HEARING PURSUANT TO TOWN LAW 202-b ON THE PROPOSAL FOR THE TOWN BOARD OF THE TOWN OF DRYDEN, ON BEHALF OF TOWN WATER DISTRICTS, AND IN CONNECTION WITH OTHER MEMBERS OF THE SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER COMMISSION (SCLWIC) TO ACQUIRE AN INTEREST IN FACILITIES TO BE CONSTRUCTED BY THE VILLAGE OF LANSING. Supv Sumner offered the following resolution and asked for its adoption: WHEREAS, a map, plan and engineer’s report have been prepared by T.G. Miller, P.C. in connection with the proposed installation by the Village of Lansing of ap proximately 425 feet of 18-inch ductile iron pipe, 105 feet of 8-inch ductile iron pipe, 7 gate valves, 2 pipe hydrant assemblies and other necessary fittings and appurtenances under NYS Route 13, and WHEREAS, said proposed improvements have been designed so that SCLIWC can interconnect with the Village of Lansing water mains on a temporary emergency basis which interconnection will provide a redundant crossing for the SCLIWC transmission system, and WHEREAS, the emergency interconnection will be subject to a use agreement between SCLIWC and the Village of Lansing which agreement will apportion the expenses of construction of such improvement between the Village and members of SCLIWC, and WHEREAS, the Agreement of Municipal Co-Operation between the members of SCLIWC requires the approval and authorization of all the parties to such use agreement, and WHEREAS, Town Law 202-b requires that the Town Board hold a public hearing on the proposed acquisition of additional facilities and appurtenances thereto and the proposed use agreement, now, therefore TB 5-29-14 Page 2 of 10 BE IT RESOLVED, that a public hearing shall be held by the Town Board of the Town of Dryden, Tompkins County, New York, on whether it is in the public interest for the acquisition of additional facilities and appurtenances thereto and the proposed use agreement referred to in the preambles hereto, and be it FURTHER RESOLVED, said public hearing will be held at a regular meeting of the Town Board on June 19, 2014 at 7:15 p.m. prevailing time at the town hall, 93 East Main Street, Dryden, New York, and be it FURTHER RESOLVED, that the town clerk shall post notice of such public hearing on the town signboard and publish notice of such public hearing in the official newspaper of the town, such posting and publication to occur at least 10 but not more than 20 days prior to such public hearing. 2nd Cl Sloan Roll Call Vote Cl Sloan Yes Cl Solomon Yes Supv Sumner Yes PUBLIC HEARING REGARDING INCREASE IN THE MAXIMUM AMOUNT TO BE EXPENDED FOR YELLOW BARN WATER DISTRICT WATER SYSTEM IMPROVEMENTS Supv Sumner opened the public hearing at 7:00 p.m. and dispensed with reading of the public notice. She explained it is necessary for the board to pass a resolution to authorize an increase of the amount necessary to fund the Yellow Barn Water District improvements. The bids for the project came in higher than the engineers estimated. An increase of $115,080.00 will need to be approved. The increase to a typical property would be $112.97. The threshold for requiring Comptroller approval has increased by about the same amount. A resident asked about expected costs after the first year. Supv Sumner said she doesn’t expect a significant change. The cost of water may increase with the rate of inflation. Andy Sciarabba said the debt service amount won’t change, but the cost of delivery of water may increase causing an increase in the water rate. They don’t anticipate any major maintenance expense in the five years or so, because the equipment will be ne w. The new water tank will be deeper in the lot, about 200 feet off the road. It will be an above ground tank, 22’ tall. The tank is glass fused to steel. The town will do the demolition of existing structures, after the new system is up and running, as time permits to help save money. The cost to an average property owner will be $1,157.98 in the first year. $498.77 of that will appear as a special district charge on their tax bill. The balance will be water usage billed and may be higher or lower depending on consumption. A resident said he had informally studied water rates around the state of New York and they vary quite a bit. Sometimes 10 gallons is $.01 and sometimes 1 gallon is $.01. The rates vary a lot. Supv Sumner said the water rate set by the town for other districts is lower than the water rate here. All but one of the town’s districts have already paid off their debt. TB 5-29-14 Page 3 of 10 A Sciarabba said this was modeled after looking at what the use has been over the years. West Danby has a similar size system and their water rate is $14 per thousand. $12 per thousand is what is anticipated for Yellow Barn. They also estimate maintenance in replacing the 1 inch lines, and we’ll have to make sure we continue to make those upgrades. Supv Sumner said the other water districts are served by Bolton Point and the water rate is lower because there are a huge number of customers across several towns. The operational costs are spread among a lot of users. She added that there is a possibility of bringing Bolton Point water to the Village of Dryden and at that time the Yellow Barn District may find it advantageous to join that system. It may never happen, but it would be nice. The project is behind the anticipated schedule, but at this point the estimated start would be late summer. If the project is substantially complete by the end of the year, property owners can expect to see the first district charges on their tax bill in 2015. One of the most significant pauses in the process will occur after tonight, assuming the board adopts the resolution. The resolution is adopted subject to permissive referendum. The board will have to wait a mandatory 30 days to see if a petition for a referendum is recei ved from the residents. New water meters will be treated as a separate program. There will be a one-time cost of about $250 to replace the meters. Once construction commences they will discuss how to implement that. No SEQR is required for the resolution. Supv Sumner closed the public hearing at 7:25 p.m. and the board adopted the following resolution. RESOLUTION #93 (2014) - APPROVING AN INCREASE IN THE MAXIMUM AMOUNT TO BE EXPENDED FOR YELLOW BARN WATER DISTRICT WATER SYSTEM IMPROVEMENTS. 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 Plans") to be prepared in connection with the proposed establishment and improvement of the Yellow Barn Water District (the "District"); and WHEREAS, the boundaries of the District are set forth on Appendix A attached hereto; and WHEREAS, the Town proposes to acquire, construct and install a water supply and distribution system and related facilities in the District (the "Improvements"), consisting of the acquisition, construction and installation of water transmission mains and lines, and acquisition of furnishings, equipment, machinery or apparatus required in connection therewith, all as more particularly described in the Maps and Plans; and WHEREAS, by resolution adopted on May 17, 2012, the Town Board authorized the establishment of the District and the acquisition, construction and installation of the Improvements 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 TB 5-29-14 Page 4 of 10 WHEREAS, on January 10, 2013, the New York State Comptroller approved the establishment of the District at a cost not to exceed $524,920; and WHEREAS, based upon bids received for construction of the Improvements, the Town Board has determined that the maximum cost of the Improvements will be $640,000, constituting an increase of $115,080 over the original estimated max imum cost; and WHEREAS, based upon the increase in the maximum cost of the Improvements, the first-year cost of the District to the typical property in the District is now estimated to be approximately $1,157.98 per year; and WHEREAS, on May 15, 2014, a resolution was adopted by the Town Board calling a public hearing to be held on May 29, 2014 to hear all persons interested in proposed increase in the maximum cost of the Improvements to the District; and WHEREAS, the resolution was published and posted as required by law; and WHEREAS, a public hearing on the matter was held by the Town Board on May 29, 2014 and the matter was fully discussed and all interested persons were heard. NOW, THEREFORE, the Town Board of the Town of Dryden hereby determines that it is in the public interest to authorize the increase in the maximum amount to be expended for the Improvements and the increased cost of the Improvements will not be an undue burden on the property which will bear such cost. IT IS FURTHER RESOLVED that the Improvements are hereby authorized at a maximum cost not to exceed $640,000. IT IS FURTHER RESOLVED that this resolution is subject to permissive referendum as provided in Town Law Section 209-h, in the manner provided in Article 7 of the Town Law, and is subject to the approval of the State Department of Audit and Control in accordance with Town Law Section 209-h. IT IS FURTHER RESOLVED that the Town Supervisor is hereby authorized and directed to execute and file on behalf of the Town an appli cation for New York State Comptroller’s approval of the increase in the maximum cost of the Improvements in form and substance acceptable to the Office of the New York State Comptroller. 2nd Cl Solomon Roll Call Vote Cl Sloan Yes Cl Solomon Yes Supv Sumner Yes TB 5-29-14 Page 5 of 10 TB 5-29-14 Page 6 of 10 TB 5-29-14 Page 7 of 10 TB 5-29-14 Page 8 of 10 Supv Sumner said one of the justices attended the Dryden Village public safety meeting where they discussed the possibility of establishing a traffic violations bureau for the purpose of dealing with parking tickets in the village. Atty Perkins has prepared a local law which, if adopted, will allow the court to establish a traffic violations bureau. TB 5-29-14 Page 9 of 10 RESOLUITON #94 (2014) – INTRODUCE LOCAL LAW ALLOWING ESTABLISHMENT OF A TRAFFIC VIOLATIONS BUREAU Cl Solomon offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby introduces the following proposed local law and sets a public hearing on the same for June 19, 2014, at 7:15 p.m. 1. This Local Law is adopted pursuant to authority given towns under of Municipal Home Rule Law Section 10(1)(i) and General Municipal Law 370 which permit a town to authorize the town justice court to establish a traffic violations bureau to assist the court in the disposition of certain infractions in relation to traffic violations . 2. The Town of Dryden Justice Court is hereby authorized to establish a traffic violations bureau as herein provided. 3. The traffic violations bureau is limited to the disposition of Village of Dryden parking tickets, to which the alleged violator pleads guilty. All fines assessed for a parking violation of a Village of Dryden ordinance or local law sh all inure to the Village of Dryden. All non- guilty pleas shall be subject to adjudication and disposition in the Court. 4. The town justices are authorized to make arrangements with any public officer designated by them as may be necessary, convenient or prudent to administer such bureau including accepting pleas of guilty, collecting fines designated by the Court for pleas of guilty to such tickets, issuing receipts for such fines collected, accounting, at least monthly, for monies received, and the payment to the village treasurer, at least monthly, all such monies received. 5. The town justices are further authorized to do any and all acts, and take any and all steps necessary, convenient or prudent to implement the traffic violations bureau, provided such acts and steps are consistent with this local law and General Municipal Law Article 14-B. 6. The town justices may designate the fines to be paid for parking tickets for those violators pleading guilty which fines may be satisfied at the bureau, provided su ch fines are within the limits established as penalties for such offenses. 7. This local law shall take effect upon filing by the Secretary of State. 2nd Cl Sloan Roll Call Vote Cl Sloan Yes Cl Solomon Yes Supv Sumner Yes Supv Sumner said the board passed a local law in April regarding hiring town constables. After much debate, they have agreed on a salary of $40 per hour, which is less than the $50 they were paid as independent contractors. Supv Sumner will send a hire letter after the board has made the appointments. She noted that James Niemi, David Buck, and Ralph Gray have served admirably for a number of years and have reluctantly agreed, because TB 5-29-14 Page 10 of 10 of their loyalty to the court, to continue at a pay rate significantly lower than their rate as contractors. They all have previous law enforcement experience. RESOLUTION #95 (2014) – APPOINT TOWN CONSTABLES Supv Sumner offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby appoints James Niemi, David Buck and Ralph Gray to serve as Dryden Town Constables at the rate of $40.00 per hour. 2nd Cl Sloan Roll Call Vote Cl Sloan Yes Cl Solomon Yes Supv Sumner Yes There being no further business, on motion made, seconded and unanimously carried, the meeting was adjourned at 7:30 p.m. Respectfully submitted, Bambi L. Avery Town Clerk