November 9, 2009
6:30 p.m.
The Town Board of the Town of
Kenneth Lauderdale Supervisor
John Metcalf Councilman
Ted Fitch Councilman
Carol Spellman Councilman
Julie VanLeeuwen Councilman
Also present: Town Justice – Richard Sloan, Jack Sloan, Fingerlakes Times – John Addyman, Florabelle Marriott, Victor Townsend, Highway Superintendent – Allen Sherman, Sherri Fedele, Water/Sewer Operator – Bruce Waterman, Ruby Washburn, Assessor – Linda Wright, Linda & Gerald Okie, Joseph Urwin, Terry Colvin, Linda Davis, Leon Gaklik, Mark Fedele, Leroy Hollier.
The pledge of allegiance was led by Councilman Fitch.
A motion to approve the minutes of October 12th and 26th as distributed was made by Councilman Spellman seconded by Councilman Fitch. All members voted “aye” and the motion carried.
Supervisor Lauderdale noted that Local Law No. 5-2008 “Imposing a moratorium on certain development and uses within the Town of
The following resolution was presented by Councilman Fitch:
Resolution No. 28-2009
Moratorium Extension
State Environmental Quality Review Act (“SEQRA”)
Determination of Environmental Significance
Negative Declaration
WHEREAS, The Town of Savannah adopted Local Law No. 5-2008 on or about October, 2008, imposing a moratorium on certain development and uses within the Town; and
WHEREAS, The moratorium by its terms has or will expire on or about October 27th, 2009; and
WHEREAS, the Town proposes to extend the moratorium for an additional period of one (1) year; and
WHEREAS, such moratorium is designated a TYPE II ACTION pursuant to the State environmental Quality Review Act:
NOW THEREFORE, be it hereby resolved by the Board that the extension of the moratorium is hereby declared to be a TYPE II action and thereby a TYPE II Action pursuant to the State Environmental Quality Review Act and therefore not subject to environmental review.
VOTE: Supervisor Lauderdale “aye”
Councilman Metcalf “aye”
Councilman Spellman “aye”
Councilman Fitch “aye”
Councilman VanLeeuwen “aye”
Further, the Board finds that none of the criteria for determining significance set forth in section 617.7(c) (1) (i)-(xii) would be implicated as a result of this Project.
Notice of this determination of non-significance shall be filed to the extent required by the applicable regulation under SEQRA or as may be deemed advertised by the Board.
IN WITNESS WHEREOF, this Resolution was properly adopted by the Town Board at its regularly scheduled meeting, the date of which is listed above, by motion of Councilman Fitch seconded by Councilman VanLeeuwen.
Supervisor Lauderdale noted that Verizon has submitted an easement for the tower site that will allow Verizon to install utility service to the site.
The following resolution was presented by Councilman VanLeeuwen:
Resolution No. 29-2009
Authorization to Enter into Easement Agreement
With Verizon New York Inc.
For Wireless Telecommunications
Facility on Town Property
WHEREAS, Verizon new York Inc. (“Verizon”) entered into a Land Lease Agreement with the Town of Savannah on or About April 9, 2009; and
WHEREAS, the Land Lease is a part of a cell tower construction project (the “Project”) that was authorized by the Town Board of the Town of Savannah on or about February 9, 2009; and
WHEREAS, the Town Board took the necessary hard look at all anticipated environmental consequences of the Project at the time it approved the Land Lease Agreement, as evidenced by a Resolution entitled “State Environmental Quality Review Act (“SEQRA”) Determination of Environmental Significance Negative Declaration” (the “Negative Declaration”) dated February 9, 2009; and
WHEREAS, the Project was made subject to Permissive Referendum pursuant to Section 64(2) of the Town Law of the State of New York, and no petition for Permissive Referendum was filed; and
WHEREAS, Verizon has submitted a proposed access easement for execution on behalf of the Town; and
WHEREAS, the proposed easement is part of the Project and was considered as a part of the project when the Town Board issued the Negative Declaration and when the Project was approved by the Town Board and made subject to Permissive Referendum:
NOW, THERFORE BE IT RESOLVED that the Town Board of the Town of
A motion to adopt the above resolution as written was made by Councilman Metcalf seconded by Councilman Fitch. By roll:
Supervisor Lauderdale “aye”
Councilman Metcalf “aye”
Councilman Spellman “aye”
Councilman Fitch “aye”
Councilman VanLeeuwen “aye”
Supervisor Lauderdale gave a status report on the water filtration project. It was explained that the Supervisor, Water/Sewer Operator, and Town Clerk attended a meeting with Office of Community Renewal to discuss the Towns recent denial of grant funding. It was determined by those attending that different agencies, USDA, OCR, NYSDWRF, all interact and that there is little or no likelihood of more grant assistance through a combination of applications to more than one of these agencies. Supervisor Lauderdale further noted that USDA has offered a grant/loan combination in the amount of $3,346,000, low interest loan in the amount of $1, 600, 00 at 2.5% interest and grant funding in the amount of $1,746,000 for 38 years. He also explained that if the town pursues this offer the average cost per water user would be approximately $563.88 annually. The funding would be used to build a filtration plant and replace all water mains in the water district and would address performance values in case of fire. In pursuing options to reduce the fees associated with this offer, Supervisor Lauderdale, Town Clerk, Water/Sewer Operator, and MRB Group – Ryan Colvin met with Charles Bastian of Bernard P. Donegan, Inc., an expert in municipal finance to consider options related to funding the water filtration project and upgrade the water distribution lines. Much discussion was held in regards to the town’s unique situation in regards to high tax burden, Mr. Bastian felt that the town has legitimate reasons that should be complied in a way to better show the town’s situation. Mr. Bastian offered his services at $125.00/hr. not to exceed $2500.00 and suggested that through his services and working with the Town – we should:
· Confirm Median Household Income Information
· Confirm viability of our Median Household Income data set
· Confirm that the new water rates were used to calculate the average bill
· Resolve any issues related to residential units versus equivalent dwelling units
· Compile comparison data for several different water districts, including Savannah’s, that shows the sum of the a) water billing, b) sewer charges, c) total property taxes and presents that information in a way that shows the total financial burden related to living in a community.
After such information is compiled and formatted Mr. Bastian and the Supervisor would meet with Senator Nozzolio to share the compiled information and ask for assistance. It was also noted that after meeting with Senator Nozzolio and with his recommendation we would meet with USDA to review the compiled information and request they reconsider their offer in regards to interest rates and loan/grant ratios. It was also stated that depending on the outcome of USDA, the next step would be to request assistance from Congressman Maffei or other
Supervisor Lauderdale further noted that the water problem cannot be ignored and must be addressed or the Town will face enormous fines in the near future.
Supervisor Lauderdale opened the floor for comment:
Linda Wright inquired on the 2000 census that was used to determine the medium household income and if it would be advantageous to use the income survey results conducted from the water district customers. Supervisor Lauderdale explained that this has been reviewed and determined that the results were similar.
Victor Townsend inquired about the grant consultant that the Town hired. It was explained that the grant consultant was terminated after the water grant application through HUD was denied.
Councilman Spellman inquired about the visit to the Himrod Plant that Supervisor Lauderdale, Water/Sewer Operator and Dept. of Health – Hyland Hartscough attended. Supervisor Lauderdale noted that this was a packaged plant serving approximately 95 customers and although it works well for a small district, it would not be feasible for a district the size of ours unless the equipment was scaled up.
It was decided by motion of Councilman Spellman seconded by Councilman VanLeeuwen that the Town hire Mr. Charles Bastian of Bernard P. Donegan, Inc. to work on funding options for the water projects at a rate of $125.00/hr. not to exceed $2500.00 and to prepare the necessary data and assist in the presentation of such data along with Supervisor Lauderdale to the proper agencies. By roll:
Vote: Supervisor Lauderdale “aye”
Councilman Metcalf “aye”
Councilman Spellman “aye”
Councilman Fitch “aye”
Councilman VanLeeuwen “aye”
Highway Department:
Highway Superintendent, Allen Sherman, requested permission to hire part-time help for the winter months. Supervisor Lauderdale noted that the budget includes funding for a CDL driver during the winter months. Mr. Sherman noted that he also needs part-time help for the former village streets, noting that if one of his employees is out sick there is no one to plow the village streets. It was explained to the highway superintendent that you can’t employ a person in anticipation of emergencies and further explained that he can come to the town board if an emergency situation arises. Supervisor Lauderdale also noted that the money budgeted for snow removal was calculated for 4 CDL drivers for six months and since the snow season usually is less than 6 months, there should be funds for a part-time driver for the hamlet but only as needed.
Jack Sloan inquired about the water/sewer operator duties during the winter and if he could assist during the season. It was explained that the water/sewer department is its own district and does not relate to the other departments.
In Other Business:
Town Justice, Richard Sloan, presented his annual report for review and approval. The Town Clerk also presented Town Justice, Heath TenEykes report. After Town Board review the following resolution was presented by Councilman Spellman:
Resolution No. 30-2009
Acknowledging that the Required Audit of the Court Records and
Dockets was Conducted
WHEREAS, Section 2019-a of the Uniform Justice Court Act requires that Town Justices annually provide their court records and dockets to their respective Town Auditing Board, and that such records be audited and that fact be entered into the minutes of the Board’s proceedings; and
WHEREAS, an audit was conducted of the 2008 Town of
THEREFORE BE IT RESOLVED, the Savannah Town Board hereby acknowledges that the required audit of the Court Records and Dockets was conducted and hereby directs the Supervisor to forward a copy of this resolution to Dennis W. Donnelly, Director of Internal Audit, New York State Office of Court Administration,
A motion to adopt the above resolution as written was made by Councilman Fitch seconded by Councilman Metcalf. All members voted “aye” and the motion carried.
Supervisor Lauderdale noted that we have received our first payment from
Victor Townsend inquired on the status of the Town of
Linda Wright noted that the downtown businesses are working with her on planning a Christmas Downtown Event, creating different scenes for each business on
Terry Colvin voiced a complaint in regards to the Paul Rotunda property on Old Route 31, stating that his property has an abundance of debris and junk. Supervisor Lauderdale noted that he will further review.
Gerald Okie requested that the Town Board consider making the Supervisor position a 4 year term as the current 2 year term does not allow enough time to complete the bigger projects that concern the community. Supervisor Lauderdale noted that he will further review the particulars and present them at the next town board meeting.
Correspondence:
1) M&T Bank Updates
2) NYS Dept. of Health – Failure to Filter Violation
3) Variance Application – Jack Carpenter Jr. – Set Public Hearing Date
A motion to set a Public Hearing for November 30th, 2009 at 6:30 p.m. to consider a Variance Application for Jack Carpenter of
4) TimeWarner – Channel Updates
5)
After much consideration it was determined that the Old Fire Department Brush Truck is not appropriate for the Water/Sewer Department use; therefore it was decided by motion of Councilman Fitch seconded by Councilman Metcalf to inform the Fire Department of the Town Board’s decision and request refund of payment. All members voted “aye” motion carried.
6) Michael Kolczynski – Prior Written Notice – Pursuant to Town Law Article 4, Section 65a
7) Michael Kolczynski – Prior Written Notice – Pursuant to Town Law Article 4, Section 65a
8) Michael Kolczynski – FOIL Request – Inventory
9) Michael Kolczynski – FOIL Request – Agreement for the Expenditures of Highway monies
The following bills were presented for audit:
General Fund Abst. #11 Claim #262-283 $ 4,701.00
Highway Fund Abst. #11 Claim #138-149 $ 8,645.76
Water District Abst. #11 Claim #123-137 $ 2,106.70
Sewer District 1 Abst. #11 Claim #50-56 $ 230.55
Sewer District 2 Abst. #11 Claim #53-59 $ 574.76
Sewer District 3 Abst. #10 Claim #36-41 $ 170.34
Sav. Lighting Abst. #1 1 Claim #11 $ 836.53
So.
A motion to pay the bills as presented was made by Councilman Spellman seconded by Councilman VanLeeuwen. All members voted “aye” and the motion carried.
Discussions on the budget were held and after a final overview of the tax rate, Supervisor Lauderdale noted that the estimated tax rate would be $6.30. As discussions on the budget were completed the following resolution was presented by Councilman Spellman:
Resolution No. 31-2009
Adoption of 2010 Town Budget
WHEREAS, the Town Board of the Town of
THEREFORE BE IT RESOLVED, that the Preliminary Budget as reviewed and revised to the benefit of the taxpayers, the same is hereby adopted as the Annual Budget for the year 2010.
A motion to adopt the above resolution as written was made by Councilman Fitch seconded by Councilman VanLeeuwen. By roll:
VOTE: Supervisor Lauderdale “aye”
Councilman Metcalf “aye”
Councilman Spellman “aye”
Councilman Fitch “aye”
Councilman VanLeeuwen “aye”
A motion to enter into Executive Session to discuss personnel issues was made by Councilman VanLeeuwen seconded by Councilman Metcalf. All members voted “aye” motion carried.
Executive Session – 7:50 p.m.
Out of Executive Session – 8:20 p.m.
A motion to re-appoint Leon Gaklik for a 5 year term to the Board of Assessment Review was made by Councilman Fitch seconded by Councilman VanLeeuwen. All members voted “aye” motion carried.
As all business was complete a motion to adjourn was made by Councilman Fitch seconded by Councilman Metcalf. All members voted “aye” motion carried.
Julie Carey-Town Clerk
