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Town of Ashland, NY Town Board Minutes |
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TOWN OF ASHLAND Richard E. Tompkins, Town Supervisor Town Board Present Richard Tompkins--------------------Town Supervisor Absent Robert Ferris---------------------------Councilman Attended by: John Brust, Nathaniel Hendricks, Timothy Cox, Judy Pangman, James Maguffin, Bob Otten and Amanda Partridge. Supervisor Richard Tompkins opened the meeting at 6:40 pm with the pledge. The letter below went out to the main line owners today. «owner_first_name» «owner_last_name» RE: Utility Easement Request Dear «Greeting» «owner_last_name»: Later in the spring of 2009, the Ashland Sewer District will be contracting for the installation of new small diameter gravity sewage collection system and a wastewater treatment plant. In designing the collection system, the project engineer has attempted to minimize the number of properties affected to create the most functional, low maintenance network of collection lines for Ashland. The sewer lines will be installed under streets, lawns and in fields throughout the Hamlet of Ashland. In those segments of the collection system where the sewer line crosses private property, the Town will have to require easements from private property owners. The enclosed Easement is for permission to install a utility line on or near a portion of your property. We have enclosed two copies of the same utility easement for your use and convenience. Attached to each Easement is a map that depicts the area to be crossed and the facilities to be installed. The sewer line will be buried and, at the completion of construction, the area will be restored. As part of this project, the Town also has funding to install a new septic tank and building sewer lateral to connect your existing building sewer drain to the sewer main and to pay for the closing of your existing septic system. In order to be eligible for funding for the sewer lateral, you must provide the Town with the easement required for the main collection system. (A separate lateral access agreement for the installation of your new septic tank and building sewer lateral will be presented to you at a later date). Once your building is connected to the sewer collection system, you can then use the area previously used for your leach field for another purpose, if you wish. Enclosed is a newsletter, which describes the project, its status and schedule. As part of the overall project, the Town is also planning to install storm drainage improvements to address drainage problems along County Route 63 – West Settlement Road and at the Town Hall. A full set of plans for the municipal utility system is available for your viewing at the Town Hall. Please note that the property lines shown on the plans are approximate and are not a result of a survey performed for each property. The lines are an overlay as provided by the Greene County Tax Office. The locations of the houses, streets, streams, etc., have been provided by aerial photography and are accurately depicted on the plans. The Town will hold a public meeting at 6:30 pm on Tuesday, November 18, 2008 at the Ashland Town Hall to explain the project and the easement process with you further, and to allow you to meet with the Project Engineer and myself to discuss your particular easement. It is important for you to attend if at all possible. We are respectfully requesting that the easement be executed before a notary public and returned to me, Justine Koehler, Local Easement Coordinator, by January 19,2008. I would be glad to meet with you at the Town Hall Monday or Wednesday, 10:00 AM to 2:00 PM (or setup an appointment to meet with you if these times are inconvenient for you) to review the terms of the easement and the location of the sewer main as it crosses your property. I am a notary public, so if the terms are acceptable, I could notarize your signature on the easement. Should you have any questions regarding the request, a contact list is provided in the newsletter enclosed along with this letter. Your prompt assistance will allow your project team to focus on the many other tasks that must be accomplished to complete this project. Thank you in advance for your cooperation. Sincerely,
Justine Koehler Enc. Town Board Board would like to know if we can add a paragraph to the easement contract because we would need 10 more feet to add a water supply line as well. Town could borrow money from the good neighbor fund and the district would pay that back. DEP would be the contact to request these funds. RESOLUTION # 29 TOWN OF ASHLAND TOWN BOARD RESOLUTION OF 2008 RESOLUTION OF THE TOWN BOARD OF THE TOWN OF ASHLAND DETERMINING THAT THERE ARE NO ADVERSE IMPACTS ON THE ENVIRONMENT FROM THE DESIGN, CONSTRUCTION AND OPERATION OF THE WASTEWATER MANAGEMENT PROJECT IN THE HAMLET OF ASHLAND WHEREAS, the Town Board of the Town of Ashland previously entered into an agreement (the “Agreement”) with the Catskill Watershed Corporation (“CWC”) to participate in the Community Wastewater Management Program, which program will provide for the design and construction of a wastewater management project in the Hamlet of Ashland; and WHEREAS, the CWC, through the Program, will provide full funding for the wastewater management project through a block grant; and WHEREAS, CWC’s consultant for the Program, Lamont Engineers, prepared a Preliminary Engineer’s Report for the Hamlet of Ashland, dated December, 2007 and supplement dated March, 2008, evaluating various alternative methods for managing the wastewater needs of the Hamlet of Ashland, such report marking the end of the Study Phase of the project; and WHEREAS, the Town reviewed the Preliminary Engineer’s Report prepared by Lamont Engineers; and WHEREAS, based upon its review of the Preliminary Engineer’s Report and consultation with the Town’s Special Counsel, the Town Board wishes to proceed to the Pre-Construction phase of the Project as set forth in Section 2.05 of the Agreement, such schedule to be agreed upon by the Town and CWC; and WHEREAS, the Town proposes to complete a Recalculating Sand Filter Wastewater Treatment Plant with a Small Diameter Gravity Sewer Collection System that will address water quality issues within the New York City Watershed; and WHEREAS, the Town Board proposes to complete a storm water retrofit project to improve drainage and mitigate water quality problems in two separate areas of the Hamlet of Ashland (along NYS Route 23 and County Route 63); and WHEREAS, the Town Board of the Town of Ashland sought and obtained lead agency status and commenced coordinated review of this action pursuant to the requirements of SEQRA 6 NYCRR Part 617; and WHEREAS, the Town of Ashland, pursuant to 6 NYCRR Part 617, conducted coordinated review and sought input from various involved and interested agencies on its designation as lead agency; NOW THEREFORE, BE IT RESOLVED AS FOLLOWS BY THE TOWN BOARD OF THE TOWN OF ASHLAND, GREENE COUNTY, NEW YORK: The Town Board of the Town of Ashland, as lead agency, for purposes of compliance with SEQRA 6 NYCRR Part 617, adopts the Negative Declaration attached hereto for the above-referenced project including, but not limited to, the formation and implementation of the sewer district, the adoption of local laws related thereto, the acquisition of property and easements related thereto, the execution of construction agreements related thereto for the Hamlet of Ashland in the Town of Ashland and the implementation of the storm water retrofit project. The Town Board hereby authorizes the Town Supervisor to execute any and all documents for the Hamlet of Ashland on behalf of the Town as may be necessary to complete the SEQRA process.
WHEREUPON, the Resolution was put to a vote and the following result recorded: A motion to adopt this resolution was offered from Councilman James Lawrence and seconded by Councilman Martin Blanden, motion was:
ADOPTED TOWN BOARD MEMBERS AYE AYE NAY Richard E. Tompkins __X_ ____
________________________________ RESOLUTION # 30 TOWN OF ASHLAND TOWN BOARD RESOLUTION OF 2008 RESOLUTION ESTABLISHING SEWER DISTRICT
On a motion by Martin D. Blanden, seconded by Wanda Partridge the following resolution was adopted: WHEREAS, on October 8, 2008, the Town Board of the Town of Ashland, New York (the "Town") duly adopted a resolution accepting and adopting the materials needed for the formation of the Sewer District, including a description of the proposed district, reciting that the cost of the formation of the Sewer District will be fully subsidized by the City of New York, through the Community Wastewater Management Program and directing a copy of the Engineer's Report and Plan, Service Area Map and a detailed explanation of the costs to each residential and non-residential landowner to be placed in the Town Clerk's Office and made available for public inspection; and WHEREAS, the Town Board did on September 8, 2008 duly adopt a resolution specifying that said Town Board shall meet at 12094 NYS Route 23, Town of Ashland, New York on the 14th day of October, 2008 at 7:45 p.m. for the purpose of conducting a public hearing on such proposal to establish the sewer district, with the specified improvements and to hear all persons interested in the subject thereof concerning the same; and WHEREAS, copies of said order were duly published and posted according to law, and said Town Board did at, the time and place specified in said order, duly meet and consider such proposal and heard all persons interested in the subject thereof, who appeared at such time and place, concerning the same; and WHEREAS, the evidence offered at such time and place requires that the Town Board make the determinations hereinafter made. NOW, THEREFORE, BE IT RESOLVED, by the Town Board that it be and hereby is determined as follows: 1. The notice of hearing was published and posted as required by law and is otherwise sufficient. 2. That all of the property and property owners, within the proposed Sewer District 3. That all of the property and property owners benefited are included within the 4. It is in the public interest to establish the proposed Sewer District as hereinafter FURTHER RESOLVED, that the following improvements in said district will be financed by the City of New York through the Community Wastewater Management Program. The Town will not incur any expense in the formation of the proposed district and the construction of the public improvements, if any, to be constructed within the district will be funded through the Community Wastewater Management Program, and be it ADOPTED TOWN BOARD MEMBERS AYE NAY Richard E. Tompkins __X__ ____
________________________________ RESOLUTION #31 TOWN OF ASHLAND TOWN BOARD RESOLUTION OF 2008 RESOLUTION ADOPTING THE SEWER USE LAW FOR THE On a motion by Councilman James Lawrence, seconded by Councilperson Wanda Partridge, the WHEREAS, the Town Board of the Town of Ashland has reviewed and extensively considered the proposed Sewer Use Law; and WHEREAS, the Town Board of the Town of Ashland must adopt a sewer use law at least as stringent as the model sewer use law published by the New York State Department of Environmental Conservation in order to comply with existing contractual obligations for funding; and WHEREAS, the Town has investigated and evaluated the alternatives for sewer rent charges and has negotiated with the New York City Department of Environmental Protection the terms and conditions of an operation and maintenance agreement; and WHEREAS, the proposed sewer rent law incorporated into the Sewer Use Law allocates cost to users in proportion to flow in a manner consistent with the Town's contractual obligations; and WHEREAS, the Town Board has also evaluated the alternatives and procedures for making future sewer capacity allocation decisions and has selected the procedures set forth in Article 13 of the proposed Sewer Use Law; and WHEREAS, this project (including the construction of the sewer collection system and the associated administrative and regulatory functions) was the subject of SEQRA review with the Town Board as Lead Agency; and WHEREAS, the Town Board issued a Negative Declaration with respect to SEQRA and determined that the project will not have a significant adverse impact on the environment; and Town Board Meeting WHEREAS, the adoption of the Sewer Use Law is consistent with the Negative Declaration; and WHEREAS, the Town Board noticed a Public Hearing held on the 14th day of WHEREAS, the Town Board has also solicited comments of involved agencies and the public; and WHEREAS, the comments received have been given due consideration by the Town Board. NOW, THEREFORE, BE IT RESOLVED, 1. That Sewer Use Law (which incorporates the Sewer Rent Law and Sewer Allocation Law), being Local Law No. 2 of 2008, is hereby adopted and the Town Clerk is hereby directed to file said Local Law with the Secretary of State in accordance with State Law.
WHEREUPON, the Resolution was put to a vote and the following results recorded:
ADOPTED Richard E. Tompkins __X__ ____
_________________________________ RESOLUTION # 32 TOWN OF ASHLAND TOWN BOARD RESOLUTION OF 2008 RESOLUTION AUTHORIZING THE WHEREAS, the CWC, through the Program will provide full funding for the wastewater management project through a block grant; and WHEREAS, in connection with the implementation of the Program, the Town Board of the Town of Ashland adopted Resolution # 29 on November 10, 2008 authorizing the issuance of a negative declaration for the project; and WHEREAS, in connection with the implementation of the Program, the Town Board of the Town of Ashland adopted Resolution # 30 on November 10, 2008 establishing the Ashland Sewer District; and WHEREAS, in connection with the implementation of the Program, the Town Board of the Town of Ashland adopted Resolution # 31 on November 10, 2008 adopting Local Law No. 2 of 2008, entitled "Sewer Use Law"; and WHEREAS, further in connection with the Program, it may be necessary for the Town of Ashland to obtain and execute easements provided that the funding for such easements comes from and is authorized by the CWC, and that such easements are in accordance with all applicable law and contractual obligations; and WHEREAS, further in connection with the Program, it may be necessary for the Town of Ashland to enter into real estate contracts for the purchase of property provided that the funding for such purchases comes from and is authorized by the CWC, and that such purchases are in accordance with all applicable law and contractual obligations; NOW THEREFORE, BE IT RESOLVED THAT: The Town Board hereby authorizes the Town Supervisor to execute any and all WHEREUPON, the Resolution was put to a vote and the following result recorded:
ADOPTED TOWN BOARD MEMBERS AYE NAY Richard E. Tompkins __X__ ____
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Kevin Young would like the Town Clerk to post the informational meeting for November 18, 2008 at 6:30 pm in the local paper. Kevin Young has also requested that the Town Clerk open an account for the duties of Local Easement Coordinator. The board has request for John Brust to go ahead with plans for a water system. MAGUFFIN PROPERTY COLUMBIA-GREENE HUMAN SOCIETY Resolution # 5 TOWN OF ASHLAND HIGHWAY FUND RESOLUTION OF 2008 NOVEMBER 10, 2008 At the Town Board meeting on November 10, 2008 Councilman, TRANSFER FROM TRANFER TO A motion to adopt this resolution was made by Councilman James Lawrence, and seconded by Councilman Martin Blanden. ADOPTED: TOWN BOARD MEMBERS
________________________________ RESOLUTION # 6 TOWN OF ASHLAND GENERAL FUND RESOLUTION OF 2008 NOVEMBER 10, 2008 TRANSFER FROM TRANSFER TO ADOPTED: TOWN BOARD MEMBERS ________________________________ CHANGING CHARGEBACKS FOR COLLEGE STUDENTS COMMUNICATIONS ADOPT THE 2009 BUDGET
TAX COLLECTOR COMPUTOR RESIGNATION LETTER TOWN CLERK MONTHLY REPORT PAY THE BILLS MOTION-A motion was made by Councilman James Lawrence to pay the bills as written, seconded by Councilman Martin Blanden, motion was: Motion was made by Councilman Martin Blanden to close the meeting at 9:30 pm. _____________________________
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