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Cold Spring Village Set to Raise Sewer Fees This Quarter
New Planning Board and ZBA application escrow accounts will help Village with consultation fees
by Kevin Foley
Sewer usage fees for Cold Spring residents are set to rise come the quarterly April 15 billing period after a public hearing held at the Village Hall on Tuesday, March 25, 2008.
The Village's Board of Trustees listened to Water and Sewer Superintendent Greg Phillips reiterate his earlier presentation to the board that the village sewer collection and treatment system was old and in need of repair and upgrade in several areas to avoid more costly calamity and to keep up with the compliance directives of the state Department of Environmental Conservation (DEC). Phillips asserted that the fee rise of $1.50 per 1,000 gallons of water used would mean approximately $75,000 in new revenue of which he said $43,000 would be used in the new fiscal year with the remainder held in reserve for unexpected events and system failures.
Aside from listing a number of equipment replacements and repairs Phillips said the DEC has ordered the village to conduct a video inspection of the system. "The inspection will cost $1,800-2,000 a day. And then we may start finding cracks and leaks and that will require costly repairs," said Phillips.
Phillips estimated that a home user of 20,000 gallons of water would pay about $22.50 a quarter based on 75% of the water meter reading. The percentage reduction represents an estimate of the amount of water that doesn't flow into the sewer system with lawn watering and other outdoor usage.
The trustees had previously signaled their intention to approve the rise and voted its adoption after hearing no objection from the half dozen audience members. "You've done a good, well defined budget on this," Trustee Edward Mancari told Phillips. "No one likes to raise fees, but this is justified," he added.
The trustees also opened two additional public hearings on issues related to changes in the village code on subdivision applications and Planning Board and Zoning Board of Appeals (ZBA) escrow fees for consultants.
As explained by village attorney Stephen Gaba, the second hearing was to address proposed local law revisions that would bring the village into compliance with state Village Law. Specifically, the Cold Spring code appears to allow extensions of time for filing a plat (subdivision map) with the County Clerk after final approval by the Planning Board. However, state law requires filing within 62 days without extensions.
In addition, village code states that subdivision approvals are subject to the "advice and consent" of the Village Board. Gaba explained that state law vests approval in the Planning Board and has no provision for Village Board veto of approvals.
Both changes to the appropriate village code sections raised no objections from the trustees or the public and are expected to be formally adopted at the board's April 8 meeting.
The third public hearing dealt with the issue of requiring applicants before the village Planning Board and the ZBA to post escrow fees for village expenses and the possible use of consultants in considering an application.
Attorney Gaba explained that current village code was unclear on the use of funds collected in escrow and did not expressly authorize either board to engage consultants to complete their work. The proposed changes would clearly authorize both boards to collect uniform escrow fees, use them for any expenses, including consultants, and require applicants to replenish the balance in the escrow account as a board draws on it. The boards would use consultants approved by the Village Board.
The proposed revision maintains existing escrow amounts, namely $5,000 for major subdivisions and $1,000 for minor subdivisions; $1,000 for site plan applications and $500 for special use permits, variances and interpretations. Multiple land use applications would be cumulative according to the requests made. The Village Treasurer would administer the funds.
ZBA chairman, Donald McDonald generated some discussion when he questioned whether it was necessary to burden residents applying for minor projects with a required $500 held in escrow. "Few projects before us end up needing consultants," he said.
Attorney Gaba pointed out that some applications may require legal or other kinds of review and that maintaining consistency in application requirements was important to the integrity of the process. "$500 is no inconsequential amount but in the context of land development it's small," he said.
While some trustees wrestled with a way the boards might waive the escrow requirement in some situations, Gaba's argument to maintain fairness and avoid any appearance of arbitrary decisions held sway in the end.
Adoption of this proposal is also expected at the April 8 monthly Village Board meeting.
In other business, Trustee Mancari introduced a resolution, unanimously adopted, thanking Trustee Karen Dunn for her "two years of dedicated service on the board." "It's been a privilege, a pleasure and an education," responded Dunn who lost in her bid for reelection.
The trustees briefly interviewed Planning Board member Placito Sgro and ZBA chairman McDonald as to their interest in continuing to serve in their volunteer positions after their terms expire in April.
Sgro, who has served on the Planning Board for 35 years, said he would continue. He also made an impassioned plea for the village to do a thorough review of the planning code. "There are things in the code that conflict. They should be looked at district by district for greater consistency,' he said.
Donald McDonald said he would serve as ZBA chairman for another term but warned the trustees he did not intend to serve for life and urged them to find new candidates for the ZBA especially ones that might take on the chairman's role. He advocated some form of term limits to force regular change in the membership of all the boards.
In a final bit of business the trustees agreed to send a stern warning letter to the nine residents who so far have failed to correct storm water violations discovered by a smoke test conducted by the village several months ago.
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