Board of Trustee Minutes 6/20/2011

 

A regular meeting of the Board of Trustees of the Village of Delhi was held on Monday, June 20, 2011 at 6:30 p.m. in the Village Hall Boardroom. 

Present:               Mayor                   Richard Maxey
                           Trustees              Gregory Krzyston, Christopher Maney, Jeremy Fitch, Gerry Pilgrim
                           Attorney              Earl Redding, Esq.

The meeting started with the Pledge of Allegiance at 6:30 p.m. 

Mayor announced the winners of the fire hydrant design contest:  First Place went to Libby Buel and Kyrra Howard.  Second Place went to Susan Priest and Third Place went to Patti Groh. 

Privilege of the floor was granted to Caryl Razzler, Betty Reed, Cyndee Pattison, Virginia Hoyt, Bob Ray, Dave Truscott, Jim Robbins and Cynthia Cobb.  

Motion was made by trustee Fitch to approve the minutes of the May 16, 2011 regular meeting.  Motion was seconded by Trustee Krzyston and passed unanimously. 

Motion was made by Trustee Fitch to approve the abstract dated June 20, 2011 in the amount of $415,732.63.  Motion was seconded by Trustee Krzyston and passed unanimously. 

Motion was made by Trustee Fitch to approve payment to The McKane Group for village insurance in the amount of $46,947.73.  Motion was seconded by Trustee Krzyston and passed unanimously. 

Motion was made by Trustee Krzyston to accept the Police Report for May, 2011, the Code Enforcement Officer’s Report for May 12 – June 15, 2011, the HUD Report for May, 2011 and the DPW Report dated June 15, 2011.  Motion was seconded by Trustee Fitch and passed unanimously. 

Motion was made by Trustee Fitch to schedule a public hearing for Proposed Local law #4 entitled “A Local Law Amending the Code of the Village of Delhi Relating to Prohibited Parking on High Street” for July 18, 2011 at 7:15 p.m.  Motion was seconded by Trustee Krzyston and passed unanimously. 

Motion was made by Trustee Krzyston to schedule a public hearing for Proposed Local law #5 entitled “A Local Law Amending the Code of the Village of Delhi Relating to Designated Handicapped Parking Spaces” for July 18, 2011 at 7:30 p.m.  Motion was seconded by Trustee Fitch and passed unanimously. 

Motion was made by Trustee Pilgrim to have the Clerk respond to Rhonda DeMulder’s request for use of the Village Pavilion near Legion Hall on July 29, 2011, and let her know that we will reserve the pavilion for her use, but that we cannot approve it at this time since the property will be transferred to the Town of Delhi and that she should send a request to the Town as well.  Motion was seconded by Trustee Krzyston and passed unanimously. 

Motion was made by Trustee Pilgrim to respond to the Youth Bureau that the Village of Delhi would like to participate in the Youth Bureau program again this summer.  Motion was seconded by Trustee Krzyston and passed unanimously. 

Motion was made by Trustee Maney to adopt the NYS Fireworks Permit Application.  Motion was seconded by Trustee Fitch and passed unanimously. 

Trustee Pilgrim said he would be working with David Truscott on the “Preservation Planning Study” grant application for preservation of the Village Hall. 

Motion was made by Trustee Fitch to approve the Resolution No. 5 of 2011 precluding any DEP land acquisition including conservation easements.  Motion was seconded by Trustee Krzyston and passed unanimously, with the Mayor voting.  Resolution is as follows: 

                WHEREAS, in December 24, 2010, the New York State Department of Environmental Conservation (“DEC”) issued a Water Supply Permit to the New York City Department of Environmental Protection (“DEP”) which authorizes DEP (and/or its agents) to purchase land in fee and to purchase conservation easements within the New York City Watershed West-of-Hudson River subject to certain restrictions with a duration of 10 years (with a one five year renewal for a total duration of 15 years). A copy of the Water Supply Permit (Permit No. 0-9999-00051/00001) is available at http://www.dec.ny.gov/permits/70361.html.

                WHEREAS, under Special Condition 1 of the permit, DEP’s acquisition of land in fee and conservation easements under this permit is limited to a cap of 105,043 acres;

                WHEREAS, there is no time limit on the City’s Land Acquisition Program (i.e., the Land Acquisition Program can be renewed in 15 years for an additional period of 15 years and renewal thereafter);

                WHEREAS, as a willing buyer offering to pay fair market value with no mortgage contingency or real estate commission, DEP’s Land Acquisition Program has been very successful in purchasing land and conservation easements throughout the watershed;

                WHEREAS, there is a concern that the City’s Land Acquisition Program will continue until there is no remaining developable land for purchase;

                WHEREAS, DEP is not allowed to purchase land or conservation easements outside of its City boundaries for water quality protection without obtaining approval from DEC under Article 15, Title 5 of the New York State Environmental Conservation Law;

                WHEREAS, the Water Supply Permit issued by DEC limits the type of land eligible for City purchases such that there must be a significant water quality benefit to the purchase and the program must not have a significant adverse impact on the community’s ability to survive and prosper;

                WHEREAS, in the Water Supply Permit, DEC has sought to balance the need for future generations to have access to developable land by restricting from land eligible for acquisition, certain parcels, which from an environmental, social and economic perspective, should be preserved for future residential or commercial development (e.g., access to sewer or other utility infrastructure, road frontage, flat lands, in the hamlet, proximity to the hamlet, dry soils suitable for septic system);

                WHEREAS, Special Conditions 7, 8 and 9 of the Water Supply Permit restricts eligibility for land acquisition to land that (i) has certain surface water features and/or steep slopes, (ii) are greater than 10 acres and (iii) are vacant. Subject to certain exemptions, parcels that do not meet that criteria are ineligible for acquisition;

                WHEREAS, once the City purchases the land and/or the conservation easement, the land becomes forever limited as open space and prohibited from residential and/or commercial development by future generations;

                WHEREAS, in order to protect the land that is most amendable for development, Special Condition 10 of the Water Supply Permit identifies two types of areas where the City may not purchase in fee or conservation easements: The 1997 Designated Hamlet Areas and the 2011 Designated Hamlet Areas;

                WHEREAS, Special Condition 2 of the Water Supply Permit provides as follows:

The City’s LAP, the City’s Watershed Regulations, and the other programs and conditions contained in the Watershed MOA, when implemented in conjunction with one another, are intended to protect water quality while allowing existing development to continue and future growth to occur in a manner that is consistent with the existing community character and planning goals of each of the Watershed communities. The City’s land acquisition goals recognize the importance of ensuring that the availability of developable land in the Watershed will remain sufficient to accommodate projected growth without adverse effects on water quality and without substantially changing future population patterns in the Watershed communities.

 

                WHEREAS, the determination whether the 2011 Village Designated Area is needed to ensure the availability of developable land to accommodate anticipated necessary growth within the community is in the nature of a local land use determination to be made by the Village Board;

                WHEREAS, attached as Exhibit A is a listing of tax parcels within the 2010 Village Designated Area;

                WHEREAS, attached as Exhibit B is a map showing the final 2011 Village Designated Area;

                WHEREAS, the Water Supply Permit allows the local Village to determine the boundaries of the Village Designated Areas and to determine whether the designated area should be eligible for purchase by the City;

                WHEREAS, under Section 18-39(a)(3) of the New York City Watershed Rules and Regulations, the parcels within the 2011 Village Designated Area are allowed to construct impervious surfaces within 100 feet of a water course subject to an individual stormwater permit from DEP;

WHEREAS, the Village has notified all property owners (based upon the current assessment roll and/or amended as needed to assure the most complete roll of landowners were notified) within the 2011 Village Designated Area notifying them of the opportunity to provide written comment and to provide testimony at a public hearing on the Village selection of the boundaries of the designated areas and whether such areas are eligible (or ineligible) for City Land Acquisition;

WHEREAS, that the Village Board has complied with the terms set forth under Special Condition 10 of the December 24, 2010 Water Supply permit;

WHEREAS, the Village Board must determine whether to adopt the parcels identified in Exhibit A and noted in purple on Exhibit B as the 2011 Village Designated Area. 

 

NOW THEREFORE BE IT RESOLVED,

 

1.             The Village Board confirms that it is choosing at this time to preclude any DEP land acquisition (including the acquisition of conservation easements) and/or WAC acquisition of conservation easements within the Village Designated Area as defined and identified in Exhibits A and B, dated _______________.

2.             The Village Board is not and does not intend on deleting any parcels from the boundaries of the village.

3.             The Village Board reserves any and all rights under Special Conditions 7, 8, 9 and 10 to make new determinations in 2016 and 2021.

 

Motion was made by Trustee Maney directing the Mayor to follow through with the easement and right-of-way for construction of the retaining Wall on Court Street on the property of Angel Vera.  Motion was seconded by Trustee Fitch and passed unanimously. 

Motion was made by Trustee Krzyston authorizing the Mayor to advertise for bids for the painting of the Village Hall.  Motion was seconded by Trustee Fitch and passed unanimously. 

Motion was made by Trustee Krzyston authorizing the Mayor to advertise for bids for tree trimming and removal.  Motion was seconded by Trustee Fitch and passed unanimously. 

Motion was made by Trustee Krzyston allowing the Mayor to retain a contractor to cut grass on property designated as derelict by the DPW Superintendent and to bill the property owner accordingly.  Motion was seconded by Trustee Fitch and passed unanimously. 

Motion was made by Trustee Fitch to pay Sewer Specialties for the tv-ing and sealing of the sewer lines in the amount of $46,620.50 and to pay USA Bluebook for lab materials in the amount of $719.31.  Motion was seconded by Trustee Krzyston and passed unanimously. 

Motion was made by Trustee Maney to replace the master meter at the well house at the quoted price of $9925.63.  Motion was seconded by Trustee Fitch and passed unanimously. 

Motion was made by Trustee Maney to approve the upgrade of the SCADA system at the wastewater treatment plant.  Motion was seconded by Trustee Fitch and passed unanimously. 

Motion was made by Trustee Maney to allow Police Chief Mills to make a change within his budget to increase part-time officer hours and eliminate the Clerk position.  Motion was seconded by Trustee Fitch and passed with Trustees Maney, Krzyston and Fitch voting yes and Trustee Pilgrim abstaining. 

Motion was made by Trustee Maney at 8:45 p.m. to enter executive session to discuss contract negotiations, pending bridge litigation and potential litigation, with the Clerk and the Village Attorney to remain in executive session.  Motion was seconded by Trustee Fitch and passed unanimously. 

Motion was made by Trustee Maney to exit executive session.  Motion was seconded by Trustee Fitch and passed unanimously. 

Open session resumed at 10:47 p.m. 

Motion was made by Trustee Fitch to settle the Walsh claim for GML 207c taxes.  Motion was seconded by Trustee Maney and passed unanimously. 

Motion was made by Trustee Maney to adjourn.  Motion was seconded by Trustee Fitch and passed unanimously. 

Meeting adjourned at 10:49 p.m.

 

Respectfully submitted, 

Michele C. Griffin, Clerk

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