REGULAR TOWN BOARD MEETING

August 18, 2004

Stormwater Drainage Issues - Jubilee Estates

There are issues with water run-off from the Jubilee Estates development, off Oxford Road. The July 1^st rainstorm resulted in water overflowing Oxford Road, flowing down into the Oxford Towne development and into residents’ yards. As a result, the Highway Superintendent contacted a local consultant to do research on this matter. The consultant reported that there is little if any capacity in the roadside drainage on Oxford Road, a county highway. The Highway Superintendent reported that he met with Shoemaker Engineers last Thursday and there is some off-site and on-site drainage that needs to be completed. An estimated cost for the services would be Fifty-nine Hundred Dollars ($5900) and the Highway Superintendent proposed that the Town Board continue to pursue this matter for the benefit of the Town residents. Councilman Backman asked if there is a drainage district in this area; if so, he feels that the district should pay for this improvement rather than all the taxpayers. Councilman Backman made a motion that the Town conducts the study with the costs to be borne by the Jubilee Estates drainage district. Councilman Waszkiewicz seconded the motion. Further discussion was held as to whether this matter was thoroughly discussed with the Planning Board at the time of development. Planning Board Chairman N. Joseph Yagey explained that this matter was reviewed and questioned during the site plan review process. Councilman Waszkiewicz asked if the engineer should be held responsible. The Highway Superintendent stated that this could be another avenue to explore. Councilman Waszkiewicz believes that the engineer’s exposure should be explored putting the expense upon the district. Councilman Waszkiewicz suggested the motion be tabled until the Town Board has further clarification regarding who is responsible for the cost of this study. Again, Councilman Backman stated the Town Board should protect the residents not the district. Attorney Rossi would like to defer any questions until he has a chance to further explore this matter. At this point, Councilman Backman withdrew his motion and Councilman Waszkiewicz withdrew his second to the motion. Attorney Rossi believes that the Town Board should have the study but need to investigate if the developer, drainage district or engineer should pay for any and all contributing with no funds coming from the Town. Councilman Backman presented the following Resolution for adoption; seconded by Councilman Waszkiewicz:

(RESOLUTION NO. 273 OF 2004)

RESOLVED that the Town Board of the Town of New Hartford does hereby authorize continuation of the Jubilee Estate drainage study at the cost of Fifty Nine Hundred Dollars ($5900) contingent upon the developer, the drainage district or the engineer paying for any and all costs with no funds coming from the Town of New Hartford.

Upon roll call, the Town Board members voted as follows:

Councilman Waszkiewicz - Aye

Councilman Butler - Aye

Councilman Backman - Aye

Councilman Woodland - Aye

Supervisor Humphreys - Aye.

The Resolution was declared unanimously carried and duly adopted.

Building Permits – Jubilee Estates

The Town Supervisor informed the Board that he has received a letter requesting that three (3) building permits be issued for Jubilee Estates. The area for these building permits does not affect the drainage problem. The Town Supervisor feels that the people who want to build should not be penalized because of the developer’s problem. Councilman Backman feels that whatever the Town does now, the Developer would be the "big fish on the hook". Councilman Waszkiewicz moved to table this.

New Subdivision across from Jubilee Estates

Attorney Rossi informed the Town Board that a new subdivision will be built across from Jubilee Estates and Attorney Rossi does not want to see the same problem with flooding occurring from this subdivision as is happening with Jubilee Estates. Planning Board member Jerome Donovan stated that the Planning Board is well aware of the drainage problem and will take a serious look at the project.