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Home My WebLink About2000-01-05e TB 1 -5-00 ut e TOWN OF DRYDEN TOWN BOARD MEETING JANUARY 5, 2000 Present: Supervisor Mark Varvayanis, Cl Ronald Beck, Cl Thomas Hatfield, Cl Charles Hatfield, Cl Deborah Grantham. PUBLIC HEARING PROPOSED LOCAL LAW ESTABLISHING TOWN OF DRYDEN RECREATION COMMISSION Town Clerk read the notice published in The Ithaca Journal regarding the proposed local law. Cl T Hatfield explained that this proposed local law is modeled on what has been a very successfal committee structure for a number of years, the Dryden Youth Commission. The Youth Services Committee deals with youth at risk and other critical and important programs, and the Town has traditionally sponsored some specific youth recreation programs which are being overseen by a committee that has done a good job. Over the last couple of years some questions and other opportunities have come along and it became clear that this community has a tremendous amount of volunteer activity going on (Sertoma, Kiwanis, American Legion and a host of others) in recreation programs. There are approximately 20 organizations that have been identified, but no central location in which to find out about them. It was thought that this local law would help improve communication between our citizens and these organizations; at the very least accomplish a formal survey of who has what programs available and a contact for those programs. The intent is not to usurp the authority of any provider of recreational opportunities, but rather to create a planning and coordinating body so that programs will complement each other. The commission will provide a clearing house of information for recreational opportunities in the Town. The -names of contact persons and telephone numbers could be published on the Town's web site or by other means in order to improve the information for our community about these programs and how they might access these programs. Reba Taylor, 33 Lewis Street, Dryden - Thanked Cl Grantham for getting her a copy of the law over the holiday and Cl T Hatfield for talking with her and addressing some of her concerns. She is representing both herself as Mayor of the Village of Dryden and John Lampman, Mayor of the Village of Freeville. They both feel they can support this commission. She spoke with the Youth Bureau and they told her that Cl T Hatfield had basically written the Youth Commission format. They were concerned that funding would be rearranged and were assured that it would not. They are concerned with the membership of the commission, and would like to coordinate so that the Village Boards of Freeville and Dryden have an ex -facto member or that the minutes get reported to the Villages so that they have a good handle on what is going on. They also request that all the hamlets get the same sort of reporting in their community centers. The Villages have good summer recreation programs and would like to incorporate some of those programs into the Town programs. The Village programs incorporate everyone in every township, out to McLean and Harford. They bus students in for the programs and last summer ran the Jr. Police Academy at the Freeville Fire Station. Suggested that the Town and County address the skateboard issue and a skateboard park. Wondered if they somehow linked the summer programs together if there was away to pool funding for that. The Village of Dryden would like to volunteer the surveys collected from summer recreation program participants as part of a basis for the project. Perhaps different areas could be coordinated for ballparks, etc. Supv Varvayanis asked for clarification on the skateboard park. Mayor Taylor feels that there is a wider population of users in the Town than the Villages. Skateboard parks are Page 1 of 42 TB 1 -5 -00 expensive and need to be constructed properly. Suggested using the skateboard park in Ithaca and provide some sort of transportation to it. It was well built. No one village or hamlet in the town will be able to support a skateboard park on its own. It will need to be community effort involving the County Youth Bureau and the Towns and the Villages. Liability would also be an issue. Cl T Hatfield - The skateboarders have also visited the Town Board on this issue. The resolution of using the Ithaca and Cortland facilities may make the most sense. This is something this proposed commission could take a look at and report back on. With respect to funding, there is a major difference between youth services and local recreation. There is effort at the County level to put together a county recreation commission as well. We are asking people interested in this commission to fill out a resume and we'll sort through them. We need folks who are interested in recreation and hopefully someone from Kiwanis and Sertoma and the Village program would be willing to help get this commission up and running. We can only improve access to the existing programs with this commission. i Mike Allmendinger, 4 Monroe Street, Dryden - On Board of Dryden Soccer Club, and is representing himself and Michelle Minnis. Thanked Cl T Hatfield for the effort. They support the proposed local law. Wondered about the terms of the members and was told it was presumably 7 years, one coming off every year. Proposed a three year term. Michelle Minnis suggested encouraging the school district to have the High School Athletic Director be a member of this committee. That person is supposed to be a liason to the community and would be a good opportunity for the school system to communicate with members of the community. I Cl T Hatfield felt that was a good idea, and reminded those present that there are two school districtsll in the Town. Robert Slocum, 92 West Main Street, Dryden - From the Kiwanis Club, he chairs the you baseball program that Kiwanis runs. Is concerned about liability. The school is now requiring liability insurance for any recreation programs that use school facilities. Wondered if the Town could include programs such as Sertoma and Kiwanis under their liability insurance. Cl T Hatfield - The insurance committee can check on that. It may be a marginal cost to put an umbrella over other programs. i Robert Slocum - Wondered if in the future the Town could look into having some sort of part time coordinator of recreation programs. Feels the volunteers are easily burned out. It has been talked about in the community and asks the Town Board to explore it at some point, or the recreation commission could look into it. Cl T Hatfield - There has been some talk of that. We need to decide whether to spend dollars on a coordinator or on youth. Margaret, Walbridge, 123 Hunt Hill Road - Feels a 7 year term is problematic and suggests a 3 or 4 year term. Also suggested that if they serve one seven year term they then be off for a Dre- determined time. Stewart soccer program On behalf of Ser Feels it will bent distribution wot would help with help with comm Ly, 5 Sunset West - Representing Sertoma. Has been coordinator of the seven years and feels seven years is too long. Suggested a three year term. na thanked Cl T Hatfield and the Board for suggesting something like this. community in a lot of different ways. A centralized location for information be great. A lot of time and energy is spent trying to get the word out. It 0stration and distribution of information for all the programs. It would also [cations between the programs. Organizations now struggle with a limited Page 2 of 42 9 TB 1 -5 -00 number of fields and a limited number of hours to try and hold all these activities. More importantly, since most of the programs are dependent on volunteers and fundraising to buy a equipment. Sharing of equipment could be more easily accomplished. Suggested community facilities outside of the school. Sertoma has had discussions about developing a recreational park, but does not have the resources. Perhaps this could help in that regard. The community has always pulled together to come up with some great programs and would benefit from some sort of benefit of leadership, not tax dollars, but a coordinated effort in raising funds. Sertoma has been proactive in obtaining grants from businesses, the State and other organizations to run their program, as well as support from the community. This commission could enhance on that. Cl T Hatfield - there has been talk that once the Crispell project is settled, there is a possibility of using that space for recreation. Feels the community and every organization will benefit from the creation of this commission. Reba Taylor - suggested an e -mail address for the commission. Jim Skaley, 940 Dryden Road - suggested rather than a centralized location, utilize the community centers and other neighborhood -type areas where there could be a nucleus of other activities associated with recreation. The Varna Community Center has a big space behind it that could be utilized more than it is. Paul Streeter, 3 Top Forty Road, Freeville - Member of Dryden School Board. Thanked the Town Board for the effort. Can not speak for the entire school board, but supports the proposed local law. The school district is the provider of facilities for a lot of these programs and one of the taxing entities. Communication coordination is important. The school has struggled with its budget debating how much in school tax dollars should be allotted toward recreation that is not a school activity. Having an entity that is supported by the town and coordinating some of these activities will assist in that debate and decisions. Applauds the effort of the Board. Cl T Hatfield - spoke with Patricia Archambault and she indicated that she thought it made a lot of sense from her perspective. Reba Taylor - The Villages of Dryden and Freeville feel this will be very beneficial. Cl T Hatfield suggested that the public hearing be closed and the board consider the public input and discuss the matter at the regular board meeting to be held January 12. t Public hearing closed at 7:40 p.m. Supv Varvayanis explained that there was not a Map, Plan and Report ready for the proposed Hanshaw Road Water and Sewer Districts, but felt an informational meeting was appropriate. Barbara Blanchard and James Hanson were present from Tompkins County. Barbara Blanchard, Tompkins County Board of Representatives - She is Chair of the Communications Capital Projects Committee, which is advancing several capital projects that the County is working on, including the consolidation of the County E -911 activities into one location instead of the scattered sites as they are now. The microwave towers and 800 megahertz project will improve the County's emergency communication system, the movement of the DOT facility from Third Street Ext in the City of Ithaca to a site on Hanshaw Road, and a couple of other small projects that fit in with that. Mike Lane & Charlie Evans both serve on this committee, but neither was able to be present tonight. She and Jim Hanson, the County r Planning Director, are available to answer questions tonight. The water and sewer districts, Page 3 of 42 TB 1 -5 -00 however, are really a Town of Dryden part of the project. They plan to make a formal presentation in February or March to the Town Board about the towers program and the communications aspect. It is not ready at this time. They have summary reports for the Town Board on the Communications Capital Project (dated July 1999). Peggy Walbridge - Will the DOT move if the water and sewer district does not go through? Jim Hanson - They are anxious to move the NYS DOT from where it is presently located. The waterfront plan for Ithaca and Tompkins County identified that as a public access point and wanted to make sure that it is developed in the future that way. DOT stores salt and other materials on that site and City Planning and other plans feel that storage facility should be moved. DOT wanted to work with the County and the City to find a better location. Syracuse and Albany DOT facilities people have looked at areas throughout the County that were suitable. They identified four or five and chose the Hanshaw Road property because of location and access to major highways. The end result was that the real estate people in Albany make the final decision and they chose the Hanshaw Road site as the best one. The issue of water and sewer was theirs. They indicated that one of the conditions of siting the facility there was to have access to both water and sewer for that property. It is possible that if the district doesn't go through that DOT will site it somewhere else. Judith Healey, 1690 Hanshaw Road - Will DOT help pay for this? J Hanson - They will pay for whatever services they have to access. J Healey - The building of it? J Hanson - That's being worked on with NY State. J Healey - The sparse population will make it extremely expensive. J Hanson - We're not looking to local taxpayers to support it. Dan Kailburn, 1731 Hanshaw Road - Where is the DOT property for future expansion going to be, or is it sited on Hanshaw? J Hanson - Has a report for Mr. Kailburn. Essentially it is a Cornell University property, across from the brick building, on the south side of 13, on the east side of Hanshaw Road. Corner of Neimi and Hanshaw. An old Navy facility. Approximately 15 acres. Robin Seeley - Is the State and County paying for the water and sewer district, since they need the water and sewer district? J Hanson - The State will pay for that part which comes to the property. D Kailburn - What would be the length of the water and sewer district. Where would it start and end? J Hanson - It comes from the corner of Hanshaw and Route 13 up to the site, nearly to Neimi Road. Cl T Hatfield - A map, plan and report will clarify those types of questions once it is completed. Page 4 of 42 hk Barbara Blanchard - They are not trying to be would really like to make a good presentation in the c complicated project and the Communications Capital operating for about the last 7 months of 1999. There don't know about the sewer district part because it is a much better presentation at a later meeting, TB 1 -5 -00 shy about answering the questions, but oming months. This is a terribly Project Committee has only been is a huge amount of work to do. They a Town of Dryden thing, but they will give Supv Varvayanis - The water and sewer district is something that Dryden will be doing and is obviously closely related to this. They don't have any first hand knowledge of the water and sewer district. There is an option. If we can't get a water and sewer district passed, they could be served under a contract. As long as they get water and sewer, I assume they don't care if they are actually in a district or not. B Blanchard - I think that is correct. We'd have to pursue that idea, and it would be interesting to hear a little more about that. Cl T Hatfield - This is an effort at intermunicipal, intergovernmental cooperation between the State, the County, and the Town. Water and sewer is a critical component to what they are seeking in order to access the site. This map, plan and report that it is prepared is the beginning document that will start to answer where the water and sewer is placed. The opportunity for the public to have input will eventually govern that. It comes back to costs and how much the State and the County are willing to participate in the infrastructure development. There are more unknowns at this point than knowns. The first step of the process is to get a map, plan and report done so you can engineer the thing and start to answer the questions, such as what is it going to cost. D Kailburn - A large trailer park is there. Will they be a major contributor? Cl T Hatfield - That has to be worked out. That trailer park has in fact stated that if the district were not formed, they would like to build access to it as an out -of- district user. Supv Varvayanis - We don't know what formula will be used, but the bigger users will pay a bigger portion. D Kailburn - People who are not serviced by it or don't want to be serviced by it should not have the burden of paying for it. Cl T Hatfield - The driving force is that there is a desire by the State, the County, the City, and the Town to work cooperatively to address a number of issues, environmental issues, services issues, logistical issues. That is the effort that is underway. D Weinstein - As a member of the Planning Board, putting a sewer and water district in is one of the major activities a Town can do to direct where development will happen, what kind of growth is going to happen. It can tie your hands and cause things to happen that you might not want to happen. We are starting to enter a phase where we should make use of the Planning Board to think about these issues. It is presently trying to update -the town plan and it only makes sense to have the Planning Board think through some of these issues about where we want new development to occur. Don't put the cart before the horse and rush to get a development in without thinking through all of the implication that will be dictated by whatever decision is made to try to serve this facility. Bill Cox, 352 Turkey Hill Road - Why have DOT be the driving force? Why have the State and Town of Ithaca telling the Town of Dryden what to do? Page 5 of 42 TB 1 -5 -00 D Kailburn - Will this proposed district cut across property owned by members of the Board who will benefit? (No) Joan Portzline - Any relatives of members of the Board? Cl T Hatfield - Has an aunt who lives on the corner of one of those roads, and who probably won't be real happy about the idea. These are issues that need to be on the table. This is the start of a process, not the end of a process. P Walbridge - Supports D Weinstein's statement. When you start doing studies, they pull you, rather than think about the planning. We are doing our planning now. Let's get that straight before we let DOT decide on where we are going to put this. Sewer and water districts have a tremendous impact on the Town and the area. Is worried that a relatively sparsely populated area will bear the burden of this, no matter how much DOT (who is not a taxpayer in the Town) offers. Just because a trailer park or a specific person wants to have more dense development is not the reason to do it. Planning needs to go first. Urged Board to put this aside and let the planning be done first. D Kailburn - Has attended planning meetings about the new traffic corridor. The consensus was if you build the road, they will come. If you build the water and sewer district, they will come. It encourages sprawl and will change the community. Is not against growth, but is for planning and thought process. Jim Skaley asked the purpose of moving the County facilities to Hanshaw Road and was told by Barbara Blanchard that County E -911 Committee has been recommending for about 18 months the consolidation of the various outposts that they have now. The equipment is scattered and more operational efficiency could be obtained by consolidation to one facility. The opportunity came along to do it'in conjunction with the DOT move and it seemed a reasonable thing to do. (a Jim Skaley wanted to know if any of the alternative sites were closer to or connected with existing sewer and water facilities. Barbara Blanchard answered that the only one that may have had or been close to existing facilities, had to be eliminated because it was in the airport flight path. There are restrictions on what can be built in airport flight paths. B Blanchard - There is a lot of discussion to be had yet. No one is in the mode of forcing anybody to do anything. DOT seems to be getting to be the "bad guy" in the room tonight. The impetus for this project came from the waterfront plan, which advised getting the inappropriate land use off the area. DOT probably would not have taken that initiative. Robin Seeley - There is a draft report that lists each property owner and how much they will pay. It appears to be about $1100 to $1700 per year per single family residence over a 20 year period to pay for the water and sewer. Suggested that residents look over the report in order to give the Town their input. Cl T Hatfield - Told Ms. Seeley that if that turns out to be the set of numbers, this won't get built. The State Comptroller sets guidelines that you cannot exceed for costs of water and sewer delivery. To use those types of numbers in this type of meeting is inappropriate. It is scare tactics. That is a report is draft report, it is not finished. R Seeley - It says on the agenda "accept map, plan and report on Hanshaw Road Water District and Sewer District ". Cl T Hatfield - It is not being done tonight because it is not completed. Page 6 of 42 TB 1 -5 -00 • R Seeley - What's incomplete? Supv Varvayanis - It turns out they haven't spoken with Cornell about use of their pipes. Pending a negotiation on what we can do with their transportation lines, it is on hold. Cl Grantham believes the caps that the comptroller sets are caps that allow us to do a sewer district without running it by the comptroller's office. If we go over, then it has to get approval by them. Not that we can't ever do it. We could end up with a sewer district or water district with high costs. Deborah Levin, 1608 Hanshaw Rd - Inquired where the district lines would be and was told by Supv Varvayanis that the plan had not been finalized yet. Supv Varvayanis asked Robin Seeley to show Ms Levin the map. Cl Grantham - This is not public yet. Cl T Hatfield - That's right, it's not public. Supv Varvayanis - Well, where did she get it? Cl T Hatfield - That's a good question. Cl Grantham - Well, I don't know why they can't come up and look at these. D Levin - She feels this should start with the Planning Board. Requested that those affected by the proposed district be notified of any meetings. She heard through the grapevine of tonight's meeting. isSupv Varvayanis explained that this meeting occurred because he heard there was so much concern and that is why this informational meeting happened. Discussion was had with respect to whether the draft map, plan and report is public information. Cl Grantham did not feel it was a secret, while Cl T Hatfield felt that because it was draft and subject to change it is not generally subject to public scrutiny. D Kailburn stated that not keeping the public informed was a good way to lose the confidence of the taxpayers. Cl Grantham - There are three different options for the taxing formula and a lot of information in here that would give people an idea of how one of these things is thought through and set up. Supv Varvayanis - Everyone knows that this is not a final plan and since the information is starting to get out, we should make it available. Originally the engineers were going to submit a plan of what they thought it would cost and a map of the area that would be covered and there was going to be an open hearing later. At that hearing everyone who was contained in the area would have been notified. D Kailburn asked whose idea this was and when it originated and was told by Supv Varvayanis that it was done under the previous supervisor. Cl T Hatfield explained that there is a process to be followed any time there is interest in forming a water and sewer district and that is laid out in Municipal Law. You have to have a • plan that includes the expenditure of funds for an engineering report. That is adopted subject to permissive referendum. After the time period for the permissive referendum has expired, the Page 7 of 42 TB 1 -5 -00 engineers are retained, the map, plan and report is undertaken, and they come back to the town board and report in draft format. We have input on that, get that finalized and then the public process begins. Every parcel gets notified and every parcel has the right not only to review it, but to vote on it. It would take a majority vote of the property owners in the proposed district before the district could finally be formed. We are in the beginning of the process. The opportunity for public input here is fine, but we are not in a position to give you the plan that this Board has had a chance to adopt. Mr. Kailburn suggested that property owners be notified prior to the study and Cl T Hatfield responded that the appropriation of the money for the study is published as a legal ad. Mr. Kailburn noted that not everyone reads the legal ads and people affected should receive notification by mail before money is expended for the study. Cl T Hatfield noted that you don't know which properties are included until you have the map, plan and report. Robin Seeley - objects to the idea that the report should somehow be secret. It can be requested under Freedom of Information and she knows of no legal reason to deny the request. It sounded like some people were objecting to the fact that members of the public had a copy of it. Cl T Hatfield - It's not a secret, but we have not taken any action. P Walbridge - Wondered when the Town voted to appropriate the funds for the study and was told it was probably August. People should know in the beginning of the process. D Kailburn - The people need to trust the Town Board and the Town Board needs to trust the people and let them know in the beginning of this. It was suggested that the public notice process does not work, and that perhaps announcements should also be made on the radio. Is Joan Portzline, 218 Dryden - Harford Rd - Wondered when the copies of the draft Map, Plan and Report would be available. After discussion, copies were made and distributed. Supv Varvayanis closed the informational session on the proposed Hanshaw Road Water & Sewer Districts and offered the floor to the citizens. Dana Abbey representing Neptune Hose Company - Received a letter from Jim Schug regarding the proposal for rehabilitation to the firehouse. It indicated that at the December 15, 1999 meeting the Town Attorney advised that it was legally not possible for the Town to take on any portion of the remodeling of the fire station. Asked for the specific legal reason. Supv Varvayanis - Tends to think that was an error. What the Town Attorney said was that the fire department is a Village fire department and as a private organization, not associated with the Town, it would be a gift of funds and would be unconstitutional to help them with the construction. D Abbey - The body of membership is a Village Fire Department, but the property belongs to Neptune Hose Company, not the Village of Dryden. Supv Varvayanis - For the record, the Village pays $65,000 per year for fire protection. What percent of your total budget is that? D Abbey - Does not know off hand. They are under negotiations with the Village for additional funding for the project. They have also approached Marty Luster and Jim Seward. They are exploring every avenue. There is asbestos in the ceiling. Removal of that increases Page 8 of 42 TB 1 -5 -00 the cost and they are investigating possible ways to do it. Was shocked when he received the letter. Cl T Hatfield suggested that perhaps the matter could be revisited. Supv Varvayanis - Read a letter from Shirley Shackleton, secretary of Dryden Senior Citizens, in support of Neptune Hose's proposed renovations (attached to these minutes). Pointed out that use of the building is free for municipalities. D Abbey - The sense of the fire department is they have money in their budget to maintain the facility as it is, but strongly feels that the community is using this building, especially the bingo room, more that the firemen are using it on a monthly basis. It really just needs some upgrading for community use, not fire department use. Joan Portzline, 218 Dryden - Harford Road - Will the Board revisit that and look at supporting the Fire Department, or stand by the letter that came from Jim Schug? Supv Varvayanis - Will ask the Town Attorney for clarification as to reasons why this was not appropriate. Board agreed to this. Peggy Walbridge, 123 Hunt Hill Road - submitted petition signed by a number of residents stating that they support the appointment of a new town attorney and urging the Board to appoint the firm of Barney, Grossman, Dubow & Marcus. She feels that environmental concerns are not being represented well, and end up costing the town more. She hopes that in voting for the engineer and town attorney that every member of the board who has personal dealings or professionally has used any of these candidates will recuse themselves from the vote. (petition attached to minutes) • Joan Portzline - Supports Peggy Walbridge's statement. Submitted another petition. She found a wide base of people who are asking the town to look at other attorneys rather than Mahlon Perkins. The consensus of those she spoke with felt the current town attorney has shown poor judgement, perhaps had some conflicts of interests, and that his legal advise has been questioned strongly. Asked Board to consider Barney, Grossman, Dubow & Marcus. (petition attached to minutes) Robin Seeley - Reported that Mahlon Perkins contributed at least $199 to the Republican campaign this past year. Dave Weinstein - submitted letter in support of a new town engineer instead of the present firm (letter attached). He feels this way from watching specific actions of the current firm. The best measure of an engineering firm is to have them approve a design for a storm water drain and then to have a rainfall event and watch the storm water drain fail, which happened on Observatory Circle. The present firm approved the design and the first major rainfall, the design failed. If we are going to do engineering in this town by trial and error, anyone could do it. In documents that this firm has reviewed Mr. Weinstein has seen obvious errors, and that has been confirmed by other engineering firms. Does not feel the board is getting a thorough examination of engineering issues and is not being well served by the current engineering firm. Strongly recommends a different engineering firm. Nick LaMotte, Fall Creek Road - It is extremely important that the Town Attorney appointed enjoys the confidence of not only the Town Board, but everyone in Town government and the community at large. Page 9 of 42 TB 1 -5 -00 Supv Varvayanis -asked for clarification on the rainfall event from Mr. Weinstein and was told it was approximately a one in ten year rainfall event (3 "). A one in 25 year event has to be 4-1/2'I . is J Skaley - Asked if Town Board had a request for qualifications for candidates and opened it up for submission, and was told it was done a few weeks ago. Break 8:35 pm to 8:55 pm Cl Grantham distributed a proposal to Board members that we give the Town Planning Board special permit review and approval and site plan review function and requested that it be put on the agenda for next week. Supv Varvayanis h. Varna II project was going Varna Community Center. Varna Community Center. Town Hall on January 12, location. as received a number of complaints that the scoping session for the to be done here. Several people believed it was to be held at the Board members object to moving the town board meeting to the Notification was mailed and it was published as taking place at the 2000. Discussion was had regarding whether to change the RESOLUTION # 1 - REGULAR JANUARY TOWN BOARD MEETING Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hold its regular January meeting as previously scheduled on January 12, 2000, at the Dryden Town Hall, at 6:30 p.m. with the first hour of said meeting devoted to receiving comments on the draft SCOPE for the Varna H project. 2nd Cl C Hatfield 10 Roll call Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham No Supv Varvayanis asked whether Board members would be willing to hold another session at Varna to receive comments on the draft SCOPE and they indicated a willingness to do so. RESOLUTION #2 - AUTHORIZE SUPERVISOR TO SET ADDITIONAL DATE AND TIME FOR COMMENT ON LUCENTE DRAFT SCOPE Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the Supervisor to convene a meeting for the purpose of receiving comment on the draft SCOPE for the Lucente Varna II project at any time between January 6, 2000 and January 14, 2000 that legal notice requirements can be met. 2nd Supv Varvayanis Roll call Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes Page 10 of 42 TB 1 -5-00 ORGANIZATIONAL MEETING Supv Varvayanis explained that he had a request that the resolutions to be voted on for the Organizational Meeting, a draft of which had been previously provided to board members, be approved page by page unless there was a particular issue that someone wanted to discuss. There were no objections. For clarity the vote will be set forth following each individual resolution. Supv Varvayanis read the titles of the resolutions on page 1: Rules of Procedure, Salary Schedule, Salary Payment, Telephone Credit Cards, and Mileage (for reimbursement). RESOLUTION #3 - RULES OF PROCEDURE Cl Beck offered the following resolution and asked for its adoption: RESOLVED, that this Town Board use Town Law Section #63. 2nd Cl C Hatfield Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes RESOLUTION #4 - SALARY SCHEDULE Cl Beck offered the following resolution and asked for its adoption: RESOLVED, that the salaries of the elected Town Officials be set for the year 2000 as follows: Supervisor Councilman (4) Highway Superintendent Town Clerk Town Justice (2) 2nd Cl C Hatfield Roll Call Vote Cl Beck Cl T Hatfield Supv Varvayanis Cl C Hatfield Cl Grantham $ 7,743 2,200 ea. 35,000 17,000 14,000 ea. Yes Yes Yes Yes Yes RESOLUTION #5 - SALARY PAYMENT Cl Beck offered the following resolution and asked for its adoption: RESOLVED, that salaried employees of the Town of Dryden will be paid weekly, hourly employees and paramedics will be paid bi- weekly, the Supervisor and Council will be paid monthly and other appointed employees will be paid annually. 2nd Cl C Hatfield Roll Call Vote Cl Beck Yes Page 11 of 42 TB 1 -5-00 Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes RESOLUTION #6 - TELEPHONE CREDIT CARDS Cl Beck offered the following resolution and asked for its adoption: RESOLVED, that the telephone credit cards be renewed for the year 2000 for the Town Supervisor and Town Attorney. 2nd Cl C Hatfield Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes RESOLUTION #7 - MILEAGE Cl Beck offered the following resolution and asked for its adoption: RESOLVED, that the mileage will be paid to the Town Officials, including election inspectors, at a rate of 32.5 cents per mile when using their own car for official town business other than town meetings or travel to and from the job site. 2nd Cl C Hatfield Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes Supv Varvayanis read the resolution titles on page 2: Designate Official Banks, Official Advertising, Advance Payment of Utilities, Service Officer/ Fire Warden, Special Fund Assessment Administration, Payment of Contracts, Subdivision control Officer & Multiple Residence Inspector, Licensor for Games of Chance. Cl T Hatfield suggested that with the advent of the website and the onerous fee schedule imposed by the current official paper that the Dryden Courier and the website be substituted for The Ithaca Journal. Other effort is made to get notice out. A lot of money is paid for this service by the current paper. The law is specific for designation of official papers and the Dryden Courier qualifies. For a long time there was no alternative to The Ithaca Journal. The cost of the Courier would be significantly lower and they do not charge for Affidavits of Publication. The Journal charges $7.50 per affidavit. It was suggested that the Courier could be designated as the official paper, with the understanding that notices would be posted on the website, and that additional ads be placed with The Ithaca Journal as necessary. The web page alone would not satisfy the legal requirements. To use The Courier for the legal notice and The Ithaca Journal for an open ad would still be expensive and probably not result in any savings. Cl Beck and Cl Grantham felt that the cost of the affidavits of publication is insignificant considering the size of the budget and official publication should stay with The Ithaca Journal. Page 12 of 42 TB 1 -5 -00 RESOLUTION #8 - OFFICIAL ADVERTISING Cl Beck offered the following resolution and asked for its adoption: RESOLVED, that this Board designates The Ithaca Journal for official advertising for the year 2000. 2nd Cl Grantham Roll Call Vote Cl Beck Yes Cl T Hatfield No Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes On motion of Cl T Hatfield, seconded by Cl C Hatfield, and unanimously approved, the resolutions on page 2, exclusive of Official Advertising, were approved as follows: RESOLUTION #9 - DESIGNATE OFFICIAL BANKS Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board designates the First National Bank of Dryden and the Tompkins County Trust Company as the official banks for the Town of Dryden for the year 2000. 2nd Cl C Hatfield Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes RESOLUTION # 10 - ADVANCE PAYMENT OF UTILITIES Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board authorize the Supervisor to pay in advance of the audited claims the utility bills, all claims to be presented at the next regular board meeting. 2nd Cl C Hatfield Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes RESOLUTION #11 - SERVICE OFFICERIFIRE WARDEN Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board appoint the Supervisor as Service Officer and Fire Warden for the year 2000. 2nd Cl C Hatfield Page 13 of 42 TB 1 -5 -00 Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes RESOLUTION #12 SPECIAL FUND ASSESSMENT ADMINISTRATION Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that the Town Supervisor has the power and duties of administration and supervision of the Town of Dryden on Special Assessment Fund functions to be performed on behalf of the Town Board for the year 2000. 2nd Cl C Hatfield Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes RESOLUTION # 13 - PAYMENT OF CONTRACTS Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that the Supervisor be authorized to pay the Fire & Ambulance Contracts for the year 2000 as per the budget and contracts. 2nd Cl C Hatfield Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes RESOLUTION # 14 - SUBDIVISION CONTROL OFFICER & MULTIPLE RESIDENCE INSPECTOR Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board appoint Henry Slater as Subdivision Control Officer and Multiple Residency Inspector for the year 2000. 2nd Cl C Hatfield Roll Call Vote C1 Beck C1 T Hatfield Supv Varvayanis Cl C Hatfield Cl Grantham Yes Yes Yes Yes Yes Page 14 of 42 TB 1 -5 -00 RESOLUTION # 15 - LICENSOR FOR GAMES OF CHANCE Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board appoint Bambi Hollenbeck as licensor for Games of Chance for the year 2000. 2nd Cl C Hatfield Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes Supv Varvayanis read the titles of the resolutions on page 3 of the draft: Petty Cash, Court Clerk (2), Receiver of Taxes & Assessments, Appoint Deputy Receiver of Taxes & Asessments /Town Clerk (2), Assistant Budget Officer. B Hollenbeck reminded the Board that she had requested for Stephanie Zerilli at budget time, but it was not reflected in the draft After discussion, the amount to be paid Stephanie Zerilli was increased from $10.00 per hour to $10.30 per hour. On motion of Cl T Hatfield, seconded by Cl Beck and unanimously carried, page 3, as amended, was unanimously approved. RESOLUTION #16 - PETTY CASH Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board authorize a petty cash fund for the Town Clerk not to exceed $100.00, and Receiver of Taxes and Assessments not to exceed $100.00, petty cash as needed for postage meter, and Justice petty cash fund not to exceed $100.00 for the year 2000. 2nd Cl C Hatfield Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes RESOLUTION # 17 - COURT CLERK Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board appoint Jean Ryan as Senior Court Clerk for the year 2000 at a salary of $34,100 for a 40 hour work week as per the budget. 2nd Cl C Hatfield Roll Call Vote Cl Beck Cl T Hatfield Supv Varvayanis Cl C Hatfield C1 Grantham Yes Yes Yes Yes Yes Page 15 of 42 TB 1 -5 -00 RESOLUTION #18 - COURT CLERK Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board appoint Debra Smiley as Court Clerk for the year 2000 at a salary of $25,250 for a 40 hour work week as per the budget. 2nd Cl C Hatfield Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes RESOLUTION # 19 - RECEIVER OF TAXES & ASSESSMENTS Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board appoint Bambi Hollenbeck as Receiver of Taxes and Assessments at a salary of $10,400 for the year 2000 as per the budget. 2nd Cl C Hatfield Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes R_ ESOLUTION #20 - APPOINT DEPUTY RECEIVER OF TAXES &ASSESSMENTS/ TOWN CLERK Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board, appoint Wanita Baldwin as Deputy Town Clerk & Deputy Receiver of Taxes & Assessments at a salary of $12,200 for a 20 hour week for the year 2000 as per the budget. 2nd Cl C Hatfield Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes RESOLUTION #21 - APPOINT DEPUTY RECEIVER OF TAXES & ASSESSMENTS/ TOWN CLERK Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board appoint Stephanie Zerilli as Deputy Town Clerk & Deputy Receiver of Taxes and Assessments to be paid $10.30 per hour for the year 2000. 2nd Cl C Hatfield Page 16 of 42 TB 1 -5-00 • Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes RESOLUTION #22 - ASSISTANT BUDGET OFFICER Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board appoint Dianne McFall as the assistant Budget Officer at a salary of $6,358 for the year 2000 as per the budget. 2nd Cl C Hatfield Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes Cl T Hatfield made a motion to reappoint Mahlon Perkins as Town Attorney. Cl Grantham stated that there were two other good applicants and there was reason to consider either of them. Supv Varvayanis felt that there are other attorneys who would be better. Cl T Hatfield felt that based on the criteria that was reviewed, the legal services committee believed that no other applicants had the experience or the background or knowledge of this community 0 that our current attorney has; that it was evident in the interview process as well. He feels the board is responsible for hiring the best professional available in our opinion, though others may have differing opinions. Cl Beck stated there were no doubt other qualified attorneys, but in his term, everything done seems to be satisfactory. Cl T Hatfield stated that many of the attorneys we requested qualifications from declined, stating that they felt we were presently well served. Cl Grantham gave for example that we have not been doing executive session correctly the whole time that she has been on the board. It changed after Mahlon Perkins attended The Ithaca Journal's workshop on open government. When she first came on the Board in January of 1997 she asked that the Board operate under the open government law, because the whole board would be in the Supervisor's office before the meeting with those discussions not recorded or available to the public. Those are examples of problems that Mahlon Perkins should have pointed out to the Board. Cl T Hatfield noted that he had indeed pointed out the meetings in the supervisor's office, but the board did not always necessarily follow the attorney's advice. Supv Varvayanis pointed out that he had asked Bob Freeman at that workshop if it wasn't true that the meeting minutes had to be out within two weeks and there was no requirement for the board to approve the minutes, and he agreed. Supv Varvayanis is unaware of Mahlon Perkins suggesting to the board or pointing out to the clerk that the minutes had to be out. Cl T Hatfield felt that neither of those issues is pertinent to the retention of attorney who has done a good job for this Town for a long, long time. Cl Grantham pointed out that if we are doing business illegally, we can be sued; all of our decisions can be overturned; it is pertinent. Cl T Hatfield feels we have been well served for a long time and Atty Perkins wins most the lawsuits he handles for the town. Cl Grantham would like someone who keeps us out of court, and that takes good legal advice on a preventive basis. RESOLUTION #23 - CONTRACT TOWN ATTORNEY • Cl T Hatfield offered the following resolution and asked for its adoption: Page 17 of 42 TB 1 -5-00 RESOLVED, that that this Town Board contract with Mahlon R. Perkins as attorney for the Town at the rate of $1900.00 per month for the year 2000 to do regular agreed upon town business. All other business will be billed at the rate of $125.00 per hour as per contract, and rebillable business will be billed at the rate of $150.00 per hour. 2nd Cl Beck Roll Call Vote Cl Beck Yes Cl Grantham to Cl Beck: Excuse me, you said at the last meeting you would abstain from voting. R Seeley - In direct response to my question, you said wouldn't vote. Cl Beck - I have considered this very carefully and I look at it in this way. If the Town cannot do business with anybody in this area that I do business with personally, then you are not going to have any people on this board that have any business interest in the Town at all. So I am not going to allow you to disenfranchise me because you think there is some conflict of interest. R Seeley - You disenfranchised yourself. You said... Cl Beck - All right. I'm changing my mind. I had made a public record that Mahlon has done work for both Beck Farms and for myself personally. We are under no contract, no retainer, and there is nothing pending at this time. There is nothing either one of us stand to gain by any action that I take on this board that I would be prejudiced by, so I am going to go ahead and vote. I just did. Cl T Hatfield Yes Supv Varvayanis No Cl C Hatfield Yes Cl Grantham No Cl Grantham - Clough, Harbour & Associates offer a very wide of services, and a very wide range of scientific expertise that surpassed the other applicants, including TG Miller. There has been problems with TG Miller, Dave Weinstein's letter lays that out very well, citing good examples. When we accepted the road at Peregrine Hollow it was on the basis of two questions she asked Don Gilbert and Dave Putnam to look at at that site. We learned later that it was not okay and the Town had to perform the work at town expense because the bond had been returned. There is enough evidence that we need to change engineers and CHA is a very good company. Among other things they have planning services we could use that we haven't had access to with TG Miller. They have a lot of experience with the SEQR process and working with municipalities going through SEQR processes. RESOLUTION #24 - ENGINEERING Cl Grantham offered the following resolution and asked for its adoption: RESOLVED, that this Town Board contract with Clough, Harbor and Associates, of Syracuse, for engineering services for the year 2000 as needed. 2nd Supv Varvayanis Roll Call Vote Cl Beck No Cl T Hatfield No Page 18 of 42 TB 1 -5-00 Supv Varvayanis Yes 40 Cl C Hatfield No Cl Grantham Yes Cl C Hatfield - Moved to contract with TG Miller Engineering in Ithaca. He feels they have done a good job and served the Town well. They are local, always accessible, and are reasonable. Seconded by Cl Beck. Cl Grantham does not feel they have done a good job. Cl Beck feels CHA gave a very good presentation. They seem to be an excellent firm judging from the material in their presentation. It looks like there is a lot of expertise there. But he feels having someone right here who is able to travel to and from the job sites on a moment's notice is important. He is not sure the claims that TG Miller has failed us are correct. Cl T Hatfield - CHA sounds like a good firm and feels we could look to employ some of that expertise from time to time as we have with other consultants. The Varna H project might be an excellent opportunity; they have a lot of experience in that. Would like to possibly consider that next Wednesday. Another thing about a firm in Syracuse: they have said they will charge us to and from, both time and mileage. They would be fine for specifics, but for general engineering services he feels we are well served in our local community. Cl Beck - Was interested in what they had to say about the SEQR process, and doesn't feel we are locked into using an appointed firm on every project. We can contract for services for anything we need. isResolution was amended as follows: RESOLUTION #25 - ENGINEERING Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board contract with T.G. Miller Engineering for non- exclusive engineering services for the year 2000 as needed, and per the fee schedule in December 1999 qualifications. 2nd Cl Beck Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham No On motion of Supv Varvayanis, seconded by Cl T Hatfield, and unanimously carried, the resolutions on page 4, exclusive of Contract Town Attorney and Engineering, were approved as follows: RESOLUTION #26 - INSPECTORS/ MACHINE CUSTODIANS Supv Varvayanis offered the following resolution and asked for its adoption: . RESOLVED, that this Town Board authorize payment to the election inspectors who work in 2000 as follows: $60.00 for primary day, $45.00 for registration, $100.00 for election Page 19 of 42 TB 1 -5 -00 day, $10.00 for inspector class, $10.00 for each machine class and $10.00 per chair. Each machine custodian will receive $35.00 per machine setup. 2nd Cl T Hatfield Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes RESOLUTION #27 - PUBLIC WORKS SUPERINTENDENT Supv Varvayanis offered the following resolution and asked for its adoption: RESOLVED, that this Town Board appoint Jack Bush as the Public Works Superintendent at an annual salary of $2,000 for the year 2000 as per the budget. 2nd Cl T Hatfield Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes RESOLUTION #28 - CLEANING CONTRACT Supv Varvayanis offered the following resolution and asked for its adoption: RESOLVED, that this Town Board contract with Debbie Foote for cleaning services for the Town Hall for the year 2000 to be paid at the rate of $45.00 per week for three (3) hours per week. 2nd Cl T Hatfield Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes RESOLUTION #29 - APPOINT BINGO INSPECTOR Supv Varvayanis offered the following resolution and asked for its adoption: RESOLVED, that this Town Board appoint Wanita Baldwin as Bingo Inspector for the year 2000 in the amount of $150.00 to be paid annually. 2nd Cl T Hatfield Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes RESOLUTION #30 - DOG CONTROL CONTRACT Page 20 of 42 • 41 TB 1 -5 -00 Supv Varvayanis offered the following resolution and asked for its adoption: RESOLVED, that this Town Board contract with the S.P.C.A. in the amount of $16,100 for the year 2000 to be paid monthly. 2nd C1 T Hatfield Roll Call Vote C1 Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes Supv Varvayanis read the titles of the resolutions on page 5: Deputy Highway Superintendent, Gadabout, T.C. Seniors & Dryden Seniors, Recreation and Youth Services Administration, Southworth Library, Learning Web, Displaced Homemakers. On motion of Supv Varvayanis, seconded by Cl C Hatfield, and unanimously approved as follows: RESOLUTION #31 - DEPUTY HIGHWAY SUPERINTENDENT Supv Varvayanis offered the following resolution and asked for its adoption: RESOLVED, the Town Board hereby creates the position of Deputy Highway Superintendent at an annual salary of $33,500. The Highway Superintendent has appointed W. Mark Sutton to this position. 2nd Cl C Hatfield Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes RESOLUTION #32 - GADABOUT Supv Varvayanis offered the following resolution and asked for its adoption: RESOLVED, that this Town Board authorize payment to Gadabout at a rate of $5,547 for the year 2000 as per the budget when the fiznds are available. 2nd Cl C Hatfield Roll Call Vote C1Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes RESOLUTION #33 - T. C. SENIORS & DRYDEN SENIORS Supv Varvayanis offered the following resolution and asked for its adoption: RESOLVED, that this Town Board authorize payment of $3,563 to T.C. Seniors and $500 to the Dryden Seniors for the year 2000 as per the budget when the funds are available. 2nd Cl C Hatfield Page 21 of 42 TB 1 -5 -00 Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes RESOLUTION #34 - RECREATION AND YOUTH SERVICES ADMINISTRATION Supv Varvayanis offered the following resolution and asked for its adoption: RESOLVED, that the Town of Dryden appoint Wanita Baldwin as the administrator for recreation and youth services for the year 2000 at a rate of $10.15 per hour. 2nd Cl C Hatfield Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes RESOLUTION #35 - SOUTHWORTH LIBRARY Supv Varvayanis offered the following resolution and asked for its adoption: RESOLVED, that the Supervisor be authorized to pay the Library Contract in the amount of $5,000 for the year 2000 when the funds are available. 2nd Cl C Hatfield Roll Call Vote Cl Beck Yes is Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes RESOLUTION #36 - LEARNING WEB Supv Varvayanis offered the following resolution and asked for its adoption: RESOLVED, that the Supervisor be authorized to pay Learning Web in the amount of $1,648.00 for the year 2000 when the funds are available. 2nd Cl C Hatfield Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes RESOLUTION #37 - DISPLACED HOMEMAKERS Supv Varvayanis offered the following resolution and asked for its adoption: RESOLVED, that the Supervisor be authorized to pay Displaced Homemakers Center of Tompkins Center in the amount of $463.00 for the year 2000 when funds are available. 2nd Cl C Hatfield 0 Page 22 of 42 TB 1 -5 -00 • Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes Supv Varvayanis read the titles of the resolutions on page 6: Appoint Town Historians, Dryden Historical Society, Dryden Action Team, Building Code Officer /Zoning Officer, Assistant Building Code Officer /Zoning Officer, Appoint Secretary to Zoning & CEO Office, Appoint Site Plan Review Secretary. On motion of Cl C Hatfield, seconded by Cl Beck, and unanimously approved as follows: RESOLUTION #38 - APPOINT TOWN HISTORIANS Cl C Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board appoint Elsie Gutchess & Lawrence Beach as Town Historians to be annually paid $200 each for the year 2000. 2nd Cl Beck Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes • RESOLUTION #39 - DRYDEN HISTORICAL SOCIETY Cl C Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board authorize payment to the Dryden Historical Society in the amount of $1,100 for the year 2000 as per the budget when the funds are available. 2nd Cl Beck Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes RESOLUTION #40 - DRYDEN ACTION TEAM Cl C Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board authorize payment to the Dryden Action Team in the amount of $1,000 for the year 2000 as per the budget when the funds are available. 2nd Cl Beck Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes Page 23 of 42 TB 1 -5 -00 RESOLUTION #41 - BUILDING CODE OFFICER /ZONING OFFICER Cl C Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board appoint Henry Slater as Building Code Inspector & Zoning Officer for the year 2000 at an annual salary of $44,600 as per the budget. 2nd Cl Beck Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes RESOLUTION #42 - ASSISTANT BUILDING CODE OFFICER / ZONING OFFICER Cl C Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board appoint Kevin Ezell as assistant Building Code Officer & Zoning Officer at an annual salary of $31,700 for the year 2000 as per the budget. 2nd Cl Beck Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes Is RESOLUTION #43 - APPOINT SECRETARY TO ZONING & CEO OFFICE Cl C Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board appoint Wanita Baldwin as Secretary to the Zoning & Code Enforcement Office at a salary of $12,200 for the year 2000 for a 20 hour work week as per the budget. 2nd Cl Beck Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes RESOLUTION #44 - APPOINT SITE PLAN REVIEW SECRETARY Cl C Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town board appoint Bambi Hollenbeck as secretary to the Site Plan Review Board for the year 2000 at a rate of $ 10.15 per hour as per the budget. 2nd Cl Beck Roll Call Vote Cl Beck Yes Page 24 of 42 TB 1 -5 -00 • Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes Cl Grantham would like Joe Lalley to serve as Planning Board Chair. Cl T Hatfield feels that a change that critical warrants more information than is available tonight, and would like to talk with Barbara Caldwell first. Cl Grantham has spoken with her and Mrs. Caldwell indicated would like to continue but did not object to Mr. Lalley being Chair. Cl Grantham would like Mr. Lalley to serve as chair because of his role in the master plan. Cl T Hatfield is not prepared to make a major change at this time without having spoken with Mrs. Caldwell. Cl Grantham stated her reasoning is that Mrs. Caldwell's term is up and she would like to appoint Susan Ashdown to replace her. There are a number of people interested in getting involved. They are new people and she feels it is important to encourage new involvement. Cl T Hatfield feels that someone who spent many years working for the community and he is not willing to make a change without first speaking with her personally. Supv Varvayanis stated people in the audience had expressed an opinion that perhaps people should serve one term on a board and no longer. Jean Ryan - stated as a citizen of the Town, she would miss Barbara Caldwell on the Planning Board, "she is so knowledgeable of all of our past history, can remember details ", and feels that to do this now after the loss of her husband would be hard. Joe Lalley isn't always available for every meeting, is truly involved with Cornell, and she feels we need someone in this Town who is interested in Town property and Town taxes, and not susceptible to other aspects. • Peggy Walbridge - Does not feel that once someone has been a position for a long time, it is impossible to let new blood in. Feels Barbara has served the Town to her capacity very loyally and for a long time. It really is time for new people to move onto the Board and have the Board run more effectively, from very loosely. It would be to the advantage of the Town. There needs to be different people on boards in this Town to get the citizens more involved and it doesn't feel like a small codery making decisions. RESOLUTION #45 - PLANNING BOARD CHAIR Cl Grantham offered the following resolution and asked for its adoption: RESOLVED, that this Town Board appoint Joseph Lalley as the Planning Board Chair for the year 2000 at a rate of $400 to be paid annually as per the budget. 2nd Supv Varvayanis Roll Call Vote Cl Beck No Cl T Hatfield No Supv Varvayanis Yes Cl C Hatfield No Cl Grantham Yes Cl T Hatfield would like to adopt all resolutions on page 7 as presented. Cl Grantham - Would like to appoint Stu Berg as Chair for the Zoning Board of Appeals. She has attended ZBA meetings as liason for the Town Board and she has been very impressed • with him over Charles Hanley, Page 25 of 42 TB 1 -5 -00 Cl T Hatfield has spoken with Charles Hanley and he is not interested in stepping aside as the ZBA Chair. He is doing a great job. While not opposed to Stu Berg, he is not in favor of the action. 0 Cl Grantham asked Cl T Hatfield when he last attended a ZBA meeting and he replied that he didn't remember exactly, but believed it was a joint meeting with the Town Board (someone in the audience believed that to be 1994). He says people have reported to him that Charles Hanley is doing a good job. Cl Grantham feels that he does not do nearly as good a job as Stu Berg would do. Cl Grantham states she witnessed unprofessional behavior on Mr. Hanley's part with respect to one particular variance. He finally removed himself from it, but his activities prior to that were very unprofessional. She doesn't believe Stuart Berg would ever act that way. On motion of Cl T Hatfield, seconded by Cl C Hatfield, the resolutions on page 7, Planning Board Chair, Appoint Planning Board & ZBA Secretary, Zoning Board of Appeals Chair, Special District Administration, Highway Salaries, Clothing Allowance, and Purchase of Small Tools, as written, were carried as indicated below. "No" votes by Cl Grantham and Supv Varvayanis in Resolutions #47, 49, 50, 51 and 52 are because resolutions #46 through 52 were voted on as one page and they were opposed to the Planning Board Chair and Zoning Board of Appeals Chair appointments. RESOLUTION #46 - PLANNING BOARD CHAIR Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board appoint Barbara Caldwell as the Planning Board Chair for the year 2000 at a rate of $400 to be paid annually as per the budget. 2nd Cl C Hatfield is Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis No Cl C Hatfield Yes Cl Grantham No RESOLUTION #47 - APPOINT PLANNING BOARD & ZBA SECRETARY Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board appoint Laura Carpenter as secretary for the Planning Board & Zoning Board of Appeals for the year 2000 at a rate of $10.00 per hour. 2nd Cl C Hatfield Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis No Cl C Hatfield Yes Cl Grantham No RESOLUTION #48 - ZONING BOARD OF APPEALS CHAIR Cl T Hatfield offered the following resolution and asked for its adoption: Page 26 of 42 TB 1 -5-00 RESOLVED, that this Town Board appoint Charles Hanley as the Zoning Board of Appeals Chair for the year 2000 at a rate of $400 to be paid annually as per the budget. 2nd Cl C Hatfield Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis No Cl C Hatfield Yes Cl Grantham No RESOLUTION #49 - SPECIAL DISTRICT ADMINISTRATION Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that the Town Supervisor has the power and duties of administration and supervision of the Town of Dryden on Special Improvement District functions to be performed on behalf of the Town Board. 2nd Cl C Hatfield Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis No Cl C Hatfield Yes Cl Grantham No RESOLUTION #50 - HIGHWAY SALARIES Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that all highway employees will be paid in a range not to exceed $ 13.40 per hour for the year 2000. 2nd Cl C Hatfield Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis No Cl C Hatfield Yes Cl Grantham No RESOLUTION #51 - CLOTHING ALLOWANCE Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that the Highway Superintendent and Department of Public Works Superintendent be authorized to have the full time permanent highway and department of public works employees purchase work clothing in an amount not to exceed $125.00 each for the year 2000. 2nd Cl C Hatfield Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis No Cl C Hatfield Yes Cl Grantham No Page 27 of 42 TB 1 -5 -00 RESOLUTION #52 - PURCHASE OF SMALL TOOLS Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that the Highway Superintendent be authorized to purchase small tools not to exceed $4,000.00 for the year 2000. 2nd Cl C Hatfield Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis No Cl C Hatfield Yes Cl Grantham No With respect to the items on page 8, Cl Grantham would like to replace Barbara Caldwell with Susan Ashdown and replace Anne Everett with Larry Fisher. Cl T Hatfield moved to approve the items on page as presented: Appoint Planning Board Member, Appoint Zoning Board of Appeals Member, Appoint IDA Member, Mandatory Justice Schooling, Investment Policies /Guidelines for Town of Dryden; seconded by Cl Beck, and carried as indicated. "No" votes by Cl Grantham and Supv Varvayanis in Resolutions #55, 56, and 57 are because resolutions #53 through 57 were voted on as one page and they were opposed to the Planning Board and Zoning Board of Appeals appointments. RESOLUTION #53 - APPOINT PLANNING BOARD MEMBER Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board reappoint Barbara Caldwell to the Dryden Planning Board whose term will expire on Dec. 31 st 2006. 2nd Cl Beck Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis No Cl C Hatfield Yes Cl Grantham No RESOLUTION #54 - APPOINT ZONING BOARD OF APPEALS MEMBER Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board reappoint Anne Everett to the Dryden Zoning of Appeals Board whose term will expire on Dec. 31st 2004. 2nd Cl Beck Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis No Cl C Hatfield Yes Cl Grantham No RESOLUTION #55 - APPOINT IDA MEMBER Cl T Hatfield offered the following resolution and asked for its adoption: Page 28 of 42 TB 1 -5 -00 • RESOLVED, that this Town Board reappoint Robert Porteus to the Dryden Industrial Agency whose term shall expire on Dec. 31 st 2004. 2nd Cl Beck Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis No Cl C Hatfield Yes Cl Grantham No RESOLUTION #56 - MANDATORY JUSTICE SCHOOLING Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that the Justices be authorized to attend training schools during the year 2000 and be reimbursed for actual expenses. 2nd Cl Beck Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis No Cl C Hatfield Yes C1 Grantham No • RESOLUTION #57 - INVESTMENT POLICIES /GUIDELINES FOR TOWN OF DRYDEN Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that the objectives of the Investment policy of the Town of Dryden are to minimize risk; to insure that investments mature when the cash is required to finance operations; and to insure a competitive rate of return. In accordance with this policy, the Supervisor is hereby authorized to invest all funds including proceeds of obligations and reserve funds in: - Certificates of Deposits issued by a bank or trust company authorized to do business in New York State; - Time Deposit Accounts in a bank or trust company authorized to do business in New York State: - Obligations of New York State; - Obligations of the United States Government; Only reserve funds may be invested in Obligations of the Town of Dryden. All other Local Government officials receiving money in their official capacity must deposit such funds in negotiable order of withdrawal accounts. All investments made pursuant to this investment policy shall comply with the following conditions: 1. COLLATERAL a. Certificates of Deposits shall be fully secured by insurance of the Federal Deposit Insurance Corporations or by obligations of New York State or obligations of the United States or obligations of federal agencies the principal and interest of which are guaranteed by the United States, or obligations of New York State local governments. Collateral shall be delivered • to the Town of Dryden or a custodial bank. The market value of collateral shall at all times Page 29 of 42 TB 1 -5 -00 equal or exceed the principal amount of the certificate of deposit. Collateral shall be monitored no less frequently than quarterly. b. Collateral shall not be required with respect to the direct purchase of obligations of New York State, obligations of the United States, and obligations of federal agencies the principal and interest of which are guaranteed by the United States Governments, 2, DELIVERY OF SECURITIES a. Payment shall be made by or on behalf of the Town of Dryden for obligations of New York State, obligations the principal and interest of which are guaranteed by the United States. United States Obligations, certificates of deposits, and other purchased securities upon delivery thereof to the custodial bank. All transactions shall be confirmed in writing. 3. WRITTEN CONTRACTS a. Written contracts may be required for the purchase of all certificates of deposits. 4. DESIGNATION OF CUSTODIAL BANK a. The First National Bank of Dryden and Tompkins County Trust Company both chartered by the State of New York are designated to act as custodial banks of the Town of Dryden's investments. 5. FINANCIAL STRENGTH OF INSTITUTIONS a. All trading partners must be credit worthy. Their financial statements must be reviewed annually by the Supervisor to determine satisfactory financial strength or the Supervisor may use credit rating agencies to determine credit worthiness. b. Investments in time deposits and certificates of deposits are to be made with banks or trust companies. Their annual reports must be reviewed by the Supervisor to determine satisfactory financial strength. 6. OPERATIONS, AUDIT AND REPORTING a. The Supervisor or Deputy Supervisor shall authorize the purchase and sale and execute contracts for certificates of deposits on behalf of the Town of Dryden. b. At the time independent auditors conduct the annual audit of the accounts and financial affairs of the Town of Dryden, the independent auditors shall audit the investments of the Town of Dryden for compliance with the provisions of this investment policy. c. Within sixty (60) days of the end of each of the first three quarters of the fiscal year, the Supervisor shall prepare and submit to the Town Board a quarterly investment report, which indicates the new investments, the inventory of existing investments and such other matters as the Supervisor deems appropriate. d. Within 120 days of the end of the fiscal year, the Supervisor shall prepare and submit to the Town Board an annual investment report; recommendations for change in these investment guidelines; the results of the annual independent audit, the investment income record; and such other matters as the Supervisor deems appropriate. At least annually, at the Organizational meeting of the Dryden Town Board, the board shall review and amend, if necessary these investment policies. The provisions of these Investment Guidelines and any amendments hereto shall take effect prospectively and shall not invalidate the prior selection of any Custodial Bank or prior investment. 2nd Cl Beck Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis No Page 30 of 42 TB 1 -5 -00 • Cl C Hatfield Yes Cl Grantham No Supv Varvayanis read the resolution titles on pages 9, 10 and 11: Procurement Policy, Town of Dryden Purchase Order System, Town of Dryden Hazardous Materials Plan, and moved that they be adopted, seconded by Cl T Hatfield, and unanimously carried as follows. RESOLUTION #58 - PROCUREMENT POLICY Supv Varvayanis offered the following resolution and asked for its adoption: RESOLVED, that the TOWN of DRYDEN does hereby adopt the following procurement policy which is intended to apply to all goods and services which are not required by law to be publicly bid. 1. a. Every purchase to be made must be initially reviewed to determine whether it is a purchase contract or a public works contract. b. Once that determination is made, a good faith effort shall be made to determine whether it is known or can reasonably be expected that the aggregate amount to be spent on the item of supply or service is not subject to competitive bidding, taking into account past purchases and the aggregate amount to be spent in a year. C. The following items are not subject to competitive bidding pursuant to Section 102 of the General Municipal Law. purchase contracts under $10,000 and public works contracts under $20,000; emergency purchases; goods purchased from agencies for the blind or severely handicapped; goods purchased from correctional institutions; purchases under State and county contracts; and surplus and secondhand purchases from another governmental entity. d. The decision that a purchase is not subject to competitive bidding will be documented in writing by the individual making the purchase. This documentation may include written or verbal quotes from vendors, a memo from the purchaser indicating how the decision was arrived at, a copy of the contract indicating the source which makes the item or service exempt, a memo from the purchaser detailing the circumstances which led to an emergency purchase, or any other written documentation that is appropriate. e. This policy will apply to all equipment rentals made throughout the year with prior Town Board approval per rental. 2. All goods and services which are the subject of this procurement policy will be secured by use of written requests for proposals, written quotations, verbal quotations, or any other method that assures that goods will be purchased at the lowest price and that favoritism will be avoided, except in the following circumstances: purchase contracts over $10,000 and public works contracts over $20,000; goods purchased from agencies for the blind or correctional institutions pursuant to Section 175 -b of the State Finance Law, goods purchased from correctional institutions pursuant to Section 186 of the Correction Law, purchases under State contracts pursuant to Section 104 of the General Municipal Law, purchases under county contracts pursuant to Section 103(3) of the General Municipal Law; or purchases pursuant to subdivision 6 of this policy. 3. The time and documentation required to purchase goods and services under $1,000.00 through this policy may be more costly than the item itself and would therefore not be in the best interests of the taxpayer. In addition, it is not likely that such de minimis contracts would be awarded based on favoritism. The following are the minimum requirements necessary for purchases and /or equipment • rentals when the amount to be expended in any one year exceeds $1,000 as required by this policy in order to achieve the highest savings: Page 31 of 42 TB 1 -5-00 Amount of Purchase Contract or Rental (under $10,000) Method under $1,000 No action required $1,000 - $4,999 2 Verbal quotations or catalog pricing $5,000 - $9,999 3 Written /fax quotations, written requests for proposals or catalog pricing Estimated Amount of Public under $1,000 $1,000 - $9,999 $10,000 - $19,999 A good faith effort shall be If the purchaser is unable to purchaser will document the Works Contract (under $20,000) Method No action required 2 Written /fax quotations 3 Written /fax quotations, written requests for proposals made to obtain the required number of proposals or quotations. obtain the required number of proposals or quotations, the attempt made at obtaining the proposals. 4. Documentation is required of each action taken in connection with each procurement. 5. Documentation and an explanation are required whenever a contract is awarded to other than the lowest responsible offerer. This documentation will include an explanation of how the award will achieve savings or how the offerer was not responsible. A determination that the offerer is not responsible shall be made by the purchaser and documented. 6. Pursuant to General Municipal Law Section 104- b(2)(fl, this procurement policy recognizes circumstances when, or types of procurements for which, in the sole discretion of the purchaser, the solicitation of alternative proposals or quotations will not be in the best interests of the TOWN. Those types of procurements include: a. Professional services or services requiring special or technical skill, training or expertise. The individual or company must be chosen based on accountability, reliability, responsibility, skill, education and training, judgment, integrity, and moral worth. These qualifications are not necessarily found in the individual or company that offers the lowest price and the nature of these services are such that they do not readily lend themselves to competitive procurement procedures. In determining whether a service fits into this category the TOWN BOARD shall take into consideration the following guidelines: (a) whether the services are subject to State licensing or testing requirements; (b) whether substantial formal education or training is a necessary prerequisite to the performance of the services; and (c) whether the services require a personal relationship between the individual and municipal officials. Professional or technical services shall include but not be limited to the following: services of an attorney; services of a physician; technical services of an engineer engaged to prepare plans, maps and estimates; securing insurance coverage and /or services of an insurance broker; services of a certified public accountant; investment management services; printing services involving extensive writing, editing or art work; management of municipally owned property; and computer software or programming services for customized programs, or services involved in substantial modification and customizing of prepackaged software. b. Repair of equipment and machinery and maintenance items i.e.: toner, ribbons, oil filters, nuts & bolts etc. These can be specialized items. The purchaser will obtain at least two verbal, written, faxed or catalog prices. It is up to the purchaser which product to purchase. c. Emergency purchases pursuant to Section 103(4) of the General Municipal Law. Due to the nature of this exception, these goods or services must be purchased immediately and a delay in order to seek alternate proposals may threaten life, health, safety or welfare of the residents. This section does not preclude alternate proposals if time permits. d. Purchases of surplus and secondhand goods from any source. If alternate proposals are required, the purchaser is allowed to purchase surplus and secondhand goods at auctions or Page 32 of 42 TB 1 -5 -00 IS through specific advertised sources where the best prices are usually obtained. Prior Town Board approval is required for amounts over $1,000.00 7. This policy shall go into effect immediately and will be reviewed annually. 2nd CI T Hatfield Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes RESOLUTION #59 - TOWN OF DRYDEN PURCHASE ORDER SYSTEM Supv Varvayanis offered the following resolution and asked for its adoption: RESOLVED; that this Town Board adopt the following purchase order system for the Town of Dryden for the year 2000. TOWN OF DRYDEN PURCHASE SYSTEM 1) A requisition form must be submitted to the assistant budget officer by employees needing to place an order for materials, supplies or services. 2) The assistant budget officer will check to be sure sufficient funds are available. a) If sufficient funds are available the purchase order will be prepared and the item(s) ordered.. b) If funds are not available the assistant budget officer will reject the request and ask the Town Board for approval to transfer funds if they are available and if the item is needed within the current budget year. • c) If bidding is necessary the assistant budget officer will ask for approval of the Town Board to bid and then have the appropriate employee prepare the bid specifications. d) If per the procurement policy quotes are necessary, the requisitioner will be notified and the quotes will be placed with the purchase order. 3) No items will be received or services used by any employee unless a purchase order is in place. 4) Signed purchase orders, quotes if necessary, packing slips and invoices will be given to the Town Clerk's office for entry and preparation for Town Board payment approval. 5) No purchase orders will be necessary for utilities, bills from other municipalities, legal services, routine engineering services, water and sewer billings, election services, jury expenses, law book expenses, software /hardware contracts and.insurance payments. If there is any doubt please check with the assistant budget officer. 2nd Cl T Hatfield Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes RESOLUTION #60 - TOWN OF DRYDEN HAZARD MATERIALS PLAN Supv Varvayanis offered the following resolution and asked for its adoption: RESOLVED, that this Town Board approve the HazMat Plan as adopted. • 2nd C1 T Hatfield Page 33 of 42 TB 1 -5 -00 Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes Supv Varvayanis read the resolution titles on page 12: Town of Dryden Emergency Preparedness Plan, Town of Dryden Drug and Alcohol Policy, town of Dryden Employee Information and Policies, Town of Dryden Fair Housing Officer, Court Security Officer, Paramedics - full time, Paramedics - part time, Public Works. Those were moved by Cl C Hatfield, seconded by Cl Beck, and unanimously approved as follows. RESOLUTION #61- TOWN OF DRYDEN EMERGENCY PREPAREDNESS PLAN Cl C Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board approve the Emergency Preparedness Plan as adopted. 2nd Cl Beck Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes RESOLUTION #62 - TOWN OF DRYDEN DRUG AND ALCOHOL POLICY Cl C Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board approve the Drug and Alcohol Policy for the Town of Dryden and include it as part of the Town of Dryden Employee Information and Policies Guide. 2nd Cl Beck Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes RESOLUTION #63 - TOWN OF DRYDEN EMPLOYEE INFORMATION AND POLICIES Cl C Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board approve the Town of Dryden Employee Information and Policies Guide and distribute to each employee if any changes are made. 2nd Cl Beck Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes Page 34 of 42 TB 1 -5 -00 RESOLUTION #64 - TOWN OF DRYDEN FAIR HOUSING OFFICER Cl C Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board designate Supervisor Varvayanis as the Fair Housing Officer to coordinate all actions of the Fair Housing Plan. 2nd Cl Beck Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes RESOLUTION #65 - COURT SECURITY OFFICER Cl C Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board appoint William George as the court security officer at a rate of $15.00 per hour for the year 2000. 2nd Cl Beck Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes RESOLUTION #66 - PAR.AMEDICS - full time Cl C Hatfield offered the following resolution and asked for its adoption: RESOLVED; that this Town Board appoint Doug Smith a rate of $11.75 per hour and Katherine Perkins at a rate of $10.20 per hour for the year 2000. 2nd Cl Beck Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes RESOLUTION # 67 - PAR.AMEDICS - part time Cl C Hatfield offered the following resolution and asked for its adoption: RESOLVED; that this Town Board authorize the payment for part time paramedics at a rate of $9.65 per hour for the year 2000. 2nd Cl Beck Roll Call Vote Cl Beck Yes Page 35 of 42 TB 1 -5 -00 Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes RESOLUTION #68 - PUBLIC WORKS Cl C Hatfield offered the following resolution and asked for its adoption: RESOLVED, that full time Public Works employees be paid in a range not to exceed $13.50 per hour for the year 2000. 2nd Cl Beck Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes Supv Varvayanis would like to hold the monthly board meetings on the second Wednesday of the month and the resolution "Town Board Meeting Schedule" was amended. RESOLUTION #69 - TOWN BOARD MEETING SCHEDULE Supv Varvayanis offered the following resolution and asked for its adoption: RESOLVED, that this Dryden Town Board hold its regular meeting on the second Wednesday of each month beginning at 7:00 p.m. 2nd Cl T Hatfield Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes Cl T Hatfield made a motion to adopt the next three items (Supervisor's Confidential Secretary/Bookkeeper, Vehicle Benefit, and Fair Housing Plan) as presented, seconded by Cl C Hatfield. Supv Varvayanis suggested they also include the final resolution presented (Dr. Crispell Flood Control Project Maintenance Agreement), Cl T Hatfield seconded the amendment. They were unanimously approved as follows. RESOLUTION #70 - SUPERVISOR'S CONFIDENTIAL SECRETARY / BOOKKEEPER Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that the Dryden Town Board authorize a salary of $33,810 to the Supervisor's Confidential Secretary- Bookkeeper appointment for the year 2000 as per the budget for a 40 hour week. 2nd Cl T Hatfield Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Page 36 of 42 TB 1 -5 -00 Cl Grantham Yes RESOLUTION #71 - VEHICLE BENEFIT Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that the Dryden Town Board authorize the Highway Superintendent and Deputy Highway Superintendent the use of town vehicles as long as they are clearly marked with the Town of Dryden logo and provided they are not used for personal use. 2nd Cl T Hatfield Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes RESOLUTION #72 - FAIR HOUSING PLAN Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that the Dryden Town Board adopt the following Fair Housing Plan for the year 2000. 2nd Cl T Hatfield Roll Call Vote Introduction Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes FAIR HOUSING PLAN TOWN OF DRYDEN JANUARY 2000 The Town of Dryden received a 1995 and 1998 Small Cities CDBG grant to undertake a housing rehabilitation project in the Town. The Town anticipates further participation in the Small Cities program. As part of U.S. Department of Housing and Urban Development regulations for grantees, the Town must "take actions to affirmatively further fair housing." This Fair Housing Plan describes actions the Town will undertake to meet this requirement. Town Profile 1. Location The Town of Dryden is located in the Finger Lakes region of New York State, and is part of the Southern Tier East Regional Planning and Development Board service area. The Town includes two villages, Dryden and Freeville. The center of the Town is approx. 40 miles southwest of Syracuse and 45 miles northwest of Binghamton. 2. Population • The 1990 population of the Town of Dryden was 13,251, with 1,908 persons located in the Village of Dryden and 437 persons located in the Village of Freeville, for a total of 10,906 Page 37 of 42 TB 1 -5-00 located outside the incorporated areas. The Town's population increased by 1,095, or nine (9) percent between 1980 and 1990, a slightly larger increase than the County's increase of eight (8) percent during the same period. A small portion of the Town with 979 persons is located in the Ithaca Urban Area, the remainder of the Town is rural (12,272 persons). The Village of Dryden, the Town's largest incorporated place, has 1,908 residents, or 14.4% of the Town population. Dryden's population is largely white, with 12,783 (96.5 %) of the population being white. Asian and Pacific Islanders are the Largest ethnic minority in the Town, with 194 persons (1.5 %). There are also 187 Blacks, 55 American Indians, Eskimos, Aleuts, and 131 persons of Hispanic origin in the Town. Tompkins County is 901/o White, 5.5% Asian and Pacific Islander, 3.3% Black, 0.3% American Indian and 1.5% Hispanic, according to the 1990 U.S. Census. 3. Income Characteristics The Town had a per capita income of $12,850 based on 1990 U.S. Census data, and a median family household income of $39,578. Ten (10) percent of the persons in the Town of Dryden were below the poverty line in 1990. Six (6) percent of the households in the Town were on public assistance. Tompkins County had a per capita income of $12,709 in 1990, and a median family household income of $37,874, according to the U.S. Census. Seventeen (17) percent of the persons in the County were below the poverty line in 1990, and four and a half (4.5) percent of the persons were receiving public assistance. 4. Land Use The Town of Dryden covers 94 square miles, which is 14 percent farmland and 10 percent forest lands. Commercial and industrial uses in the Town are largely concentrated along State Routes 13 and 366, which go through the Town. The population density of Dryden is 141 per square mile. 5. Housing Characteristics The 1990 Census indicates there were 5,362 housing units in the Town of Dryden, of which 5,037 were occupied and 325 (6.1 %) were vacant. Thirty (30) percent of the housing of the housing in the Town was renter - occupied, and seventy (70) percent was owner- occupied. Units included 2,901 single - family homes (54.1 %), 951 units in structures with two to nine units, and 236 units in structures with more than 10 units. There were 1,190 mobile homes in the Town in 1990 (22.2 %). 6. Substandard Housing Conditions There is no current, definitive data on housing conditions in the Town as a whole. 1990 U.S. Census data indicates that approximately half of the housing in the Town is 30 years older or greater, and the Tompkins County Planning Department and Better Housing for Tompkins County, Inc., a not - for -profit housing agency in the County, indicate that there are substantial numbers of deteriorated units in the rural portions of the County, including the Town of Dryden. Most recent estimates indicate that about 20 percent of the Town's housing stock can be classified as substandard. 7. Vacancy Rates The 1990 U.S. Census indicated a vacancy rate of 6.1 percent. 8. Economic Base The Town's economic base includes many persons who work at Cornell University, Tompkins County's leading employer. Portions of the University property are located in the Town, and employ many persons. In addition, several medium -sized companies and organizations, is Page 38 of 42 TB 1 -5 -00 including Hi -Speed Checkweigher, Wilcox Press, Tompkins - Cortland Community College, New • York State Electric and Gas, George Junior Republic and XCP Inc. are located in the Town. Fair Housing Problems The Town has not undertaken a formal study of fair housing problems in Dryden to date. Discussions with the Tompkins County Affordable Housing Advisory Board, Cornell University, the Tompkins County Human Rights Commission and other interested agencies, have identified the following possible but not substantiated areas of concern: -- Possible discrimination against families with children. -- Possible discrimination against the mentally handicapped. -- Economic constraints which restrict housing for low and moderate - income persons. -- Possible problems associated with renting to students. Through the efforts outlined in the following section, the Town will attempt to quantify and address the above areas of possible concern. Actions to Affirmatively Further Fair Housing The Town of Dryden has undertaken the following actions to affirmatively finther fair housing: 1. The designation of the Supervisor of the Town of Dryden as the Fair Housing Officer who will coordinate all actions described herein. 2. Maintain a dialogue with agencies and organizations that provide assistance to persons who feel they have been victims of discrimination, including but not limited to: -- The Tompkins County Human Rights Commission Teddy Zimrot 301 Dates Dr. Ithaca, NY 14850 (607) 274 -5305 Legal Aid and Lawyer Referral Services Chemung Neighborhood Legal Services Mark Freedman Dewitt Mall Ithaca, NY 14850 (607) 273 -3666 -- The Community Dispute Resolution Center Judy Saul 120 W. State St. Ithaca, NY 14850 (607) 273 -9347 -- Neighborhood Legal Services Mark Freedman DeWitt Building Ithaca, NY 14850 (607) 273 -5521 • -- Tompkins County Planning Department Page 39 of 42 TB 1 -5 -00 James Hanson 121 East Court Street Ithaca, NY 14850 (607)274 -5560 3. Compile a list of all fair housing related services available to the Town residents. See attachment A. 4. Compile available documentation applicable to fair housing, including complaint forms, placards and copies of laws and regulations. See attachment B. 5. Publicize the availability of assistance through newspaper publications at least twice annually in the official paper of the Town. This is done by Tompkins County Planning Department. 6. Solicit the cooperation of local banks and realtors in maintaining a fair housing environment in the Town at least once annually. This is done by the Tompkins County Planning Department, 7. Preparation and distribution of a summery brochure that summarizes fair housing laws applicable in the Town and assistance available. This is done by the Tompkins County Planning Department. 8. Undertake appropriate actions needed to respond to fair housing problems as they may occur. RESOLUTION #73 - DR. CRISPELL FLOOD CONTROL PROJECT MAINTENACE AGREEMENT Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board approve the Dr. Crispell Flood Control Maintenance Agreement for the year 2000. 2nd Cl T Hatfield Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes Cl Grantham suggested that her appointment to the Cayuga Lake Watershed Intermunicipal Organization be added to the Supervisor's Appointments for 2000 (page 19 of draft) and it was agreed to do that. RESOLUTION #74 - APPROVE SUPERVISOR APPOINTMENTS Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that the Supervisor's Appointments for 2000, as amended, is hereby approved (list attached). 2nd Supv Varvayanis Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes Page 40 of 42 TB 1 -5 -00 RESOLUTION #75 - APPROVE TOWN CLERK & ZONING OFFICE HOURS Supv Varvayanis offered the following resolution and asked for its adoption: RESOLVED, that the office hours for the Town Clerk shall be Monday through Friday 9:00 a.m. to 4:30 p.m. and Saturdays in January from 9:00 am. to 4:30 p.m., and the office hours for the Zoning Office shall be 7:30 am. to 4:30 p.m. (inspections & other business by appointment). 2nd Cl Beck Roll Call Vote C1 Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes There being no further business to come before the board, on motion of Supv Varvayanis, seconded by Cl Grantham, and unanimously carried, the meeting was adjourned at 10:20 p.m. Respectfully submitted, t\ O /Rhzx �ec1< Bambi L. Hollenbeck Town Clerk Page 41 of 42 TB 1 -5 -00 SUPERVISOR APPOINTMENTS 2000 Is Confidential Sec-Bookkeeper ------ ----.......... --------- - - - - -- Dianne B. McFall Deputy Supervisor -- ---- ---------------------... ---------- - - - - -- Cl C. Hatfield Town Hall & General Fund Bills Committee ----- ----- - - - - -- Cl C. Hatfield & CI D. Grantham Highway & Hwy Fund Bills Committee --------------- - - - --- CI T. Hatfield & C 1 R. Beck Building and Grounds Committee ----------------------- ---- -- Cl T. Hatfield and Cl R. Beck Assessment Review Committee -------------------------- - - - - -- Cl C. Hatfield & Cl D. Grantham Insurance Committee -------------------------------------- ---- -- Cl C. Hatfield and Cl R. Beck Representative to Bolton Point --------------------------- - - - - -- Supv Varvayanis and Steve Lipinski Representative to Planning Board ------------------------ - - - - -- Cl R Beck Representative to Zoning Board -------------------------- - - - - -- Cl D. Grantham Representative to IAWTF --------------------------------- --- - -- Supv Varvayanis, Cl C. Hatfield Representatives to Fire Departments---------------------- - - - - -- Cl T. Hatfield and CL R. Beck Public Relations Village of Dryden ----------------------------------------- - - - - -- Cl T. Hatfield Village of Freeville ---------------------------------------- - - - - -- Cl R Beck Recreation & Youth Services Comm -------------------- - - - - -- Cl T. Hatfield Park & Conservation Committee ------------------------- - - - - -- Cl C. Hatfield Public Works Committee --- --- --------------..... --------- - - - - -- Cl R. Beck Public Funds Committee ----------------------------------- - - - - -- Cl T. Hatfield Jan - June Audit of Books --------------------------------- - - - - -- Cl C. Hatfield & Cl D. Grantham July - Dec. Audit of Books -------------------------------- - - - - -- Cl T. Hatfield and Cl R. Beck Tompkins County Cable Commission--------------------- - - - - -- Cl T. Hatfield Village Water negotiations -------------------------------- - - - - -- Supv Varvayanis & Cl C. Hatfield Ambulance Review Committee --------------------------- - - - - -- Cl T. Hatfield Cable Negotiations------------------------------------------- - - - - -- Cl T Hatfield & C Hatfield Community Block Grant Review Comm----------------- - - - - -- Supv Varvayanis & CI D. Grantham Rep. to MPO Planning & Policy---------------------- ----- - - - - -- Supv Varvayanis Union Negotiations------------------------------------------ - - - - -- -Supv Varvayanis & Cl T. Hatfield Cayuga LakeWatershed Municipal Organization----------- - - - -Cl Grantham Recreation Partnership Board------- .......... - ......... ---- ... - ---Bambi L. Hollenbeck TOWN CLERK OFFICE HOURS Monday through Friday 9:00 a.m. to 4:30 p.m. Saturday 9:00 a.m. to 12 noon (January only) ZONING AND BUILDING INSPECTOR HOURS Office hours 7:30 a.m. — 4:30 p.m. Inspections and other business by appointment Page 42 of 42 r • David Weinstein 51 Freese Rd Ithaca, NY 14850 Town Board of Supervisors Jan 3, 2000 Town of Dryden Dryden, NY I recommend hiring a new firm to replace the current firm providing engineering advice and services to the town of Dryden. While observing the current provider of services at many town meetings over the past several years, I have been thoroughly unimpressed with the quality of work being provided the town. I am not an engineer, but I am a scientist and therefore capable of evaluating the thoroughness, completeness, and correctness of the advice being given to the town, and I have found the current provider to fail to give the town adequate service on numerous occasions. Let me cite three specific instances to support these claims. First, Mr. Putnam advised the town that the drainage plan he had approved for the new Observatory Drive development on Mt Pleasant road would handle stormwater runoff. On the basis of his final approval Mr. Hovanek was allowed to proceed with his development. At the first heavy rain evot containing only an avera0re high rain a • record rainfall) his a 11111DIvedp5ar failed completely, leadin to an overflow of a culvert a�major washout of a road s oulder and drainage ditch. This was out le t mu all over the road and road side, and caused problems for the driveways of the houses of people who lived downhill from the new development. There can be no better test of the competence of an engineer than the ability of his designs work when put to the test. Mr. Putnam advised the town to accept a design that failed badly at its first test. Secondly, Mr. Putnam has failed to provide adequate advice to the town with respect to the proposed Lucente development. The Tompkins County Planning Department has stated that the proposed entrance /exit to the development from Mt Pleasant Rd. needs major redesign before it might be adequate, yet Mr. Putnam advised the town that all that was needed was to cut some brush to provide better vision. Mr. Putnam has provided no in -depth analysis to the town identifying why the Planning Department is in error. I checked with two other engineering firms for their opinion, and both agreed with the Tompkins County Planning Department that major redesigns were necessary. In a controversial situation like this, the town needs as much information as possible, and Mr. Putnam has failed put much effort into providing that information. Further, Mr. Putnam has failed provide the town any input on the hydrology report from Delta Engineering concerning this development. The town board has been wrestling for over a year and a half with the potential of environmental problems coming from this development, and has had the official hydrology documents for this period, but Mr. • Putnam has made no initiative to comment on these documents. The town board has n been forced to comment on the SEQR issues without the aide of an independent • engineering evaluation of the existing reports. It is insufficient to say that there is still plenty of time left for evaluation. Comments from Mr. Putnam would have been invaluable in the initial stages of the SEQR assessment process. Minimally, he could have pointed out that the hydrology documents contain several major obvious errors that make their conclusions worthless. Two independent engineering firms attested to this fact in letters that I have provided to the town board. If in a year and a half of reviewing documents a town engineering consultant cannot be relied upon to point out obvious errors in documents submitted to the town, the town is not being provided adequate advise. Third, I have witness the oral reports made by Mr. Putnam to the town board regarding the Peregrine Hollow development and the proposed stream stabilization project on Yellow Barn Road. His reports were unclear, inadequately prepared, and self - contradictory, as several of the board members pointed out. He seemed to take much too long in formulating his proposals and failed to return to the board in subsequent meetings with proposed actions that addressed their concerns.. He did not seem to be aware of many of the latest engineering techniques, or at least he was incapable of adequately explaining his knowledge to the townspeople. Based on these performances, I would not consider hiring him for my personal consulting needs. I think the town would do much better hiring a different firm. • Sincerely, David Weinstein 0 22 December 1999 Town Board members Town of Dryden Dryden, NY 13053 Dear Town Board members, The undersigned citizens of the Town of Dryden support the appointment of a new town attorney. We urge you to appoint the firm of Barney, Grossman, Dubow, and Marcus, whose office is located in the town of Ithaca. None of the firm's attorneys actually live in the Town of Dryden, which we think is an advantage when it comes to conflict -of- interest issues. An out -of -town firm is less apt to have a conflict if legal action is taken by the town against someone in Dryden. Intimate knowledge of the Town is not, we feel, necessary to do a good job as Town Attorney, since the Town Attorney's only assignment is to offer sound legal advice to the Town. Some of us have direct experience with either Mr. Barney (representing the Town of Ithaca) or Mr. Marcus (representing the Village of Lansing Planning Board) and have been impressed with their sound I nowledge of municipal law and SEQR law. Mr. Marcus is already representing the Zoning Board of Appeals and thus the firm already has some familiarity with the Town of Dryden. Two other reasons we urge you to choose a new Town Attorney are that the actions of the current Town Attorney seem to suggest a lack of knowledge or familiarity with the Open Meetings Law of NY and with SEQR regulations. 1) The current Town Attorney apparently has not advised the Town Board in the past on the means to enter into a legally correct executive session, or what may legally be discussed during executive session. The Open Meetings Law of the state of New York states the following (copied from the Open Meetings Law Web site): *********************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Question: I attended a meeting; and the public body closed the meeting to the public, citing "personnel matters." Is this legal? Answer: The Law provides for closed or "executive" sessions under certain circumstances prescribed in the Law. It is noted that an executive session is not separate from an open meeting but rather is a portion of an open meeting during which the public may be excluded. The Law requires that a public body take several steps to close the meeting. First, a motion must be made during an open meeting to enter into executive session; second, the motion must identify the general area or areas of the subject or subjects to be considered; and third, the motion must be carried by a majority vote of the total membership of a public body. Citing "personnel matters" is not a sufficient ground for going into an executive session. The motion to go into executive session should be more specific. For example, a motion could be made to enter into executive session to discuss "the employment history of a particular person." The person would not have to be identified. For example, on Oct. 12 the Dryden Town Board did not enter into executive session by taking a vote of its members (Town Board minutes, October 12, 1999). 0 2) Also, it appears that the current Town Attorney has not advised the Town Board that significantly widening local roads is an action subject to SEQR, although the actions clearly seem to fit the definition of an "action" taken by a "local agency" in SEQR law: "projects or Physical activities, such as construction or other activities that may affect the environment by changing the use, appearance or condition of any natural resource or structure ". Road widening, bridge work, and drainage work in a number of areas in the Town of Dryden, for example, the tree - cutting and widening of Ellis Hollow Creek Road, do not appear to have received SEQR review. Finally, some of us have witnessed unprofessional behavior by the current Town Attorney. For example, during an executive session on October 12, 1999, the Town Attorney was heard shouting loudly enough that his words could be heard clearly in the hall outside the board room through a closed door. For these reasons please vote for Mr. Orkin and the firm of Barney, Grossman, Dubow and Marcus to represent the Town of Dryden during the year 2000. Sincerely, �ISO a C fQ %L A_ U9 s,w- i Iw Alt 'NA aga,'I1 . <z� q0 OeAo?m 306 .r 10 1�1 j 33? fez. ,c� kI . L , A Q60 , , y gsv �gny�7c(o�l �hA5 L, oa /J y 13 V ^0) y J305 3 /,3 os 3 ,Or doP�e n� ry' i 3 � S3 f , lY 22 December 1999 Town Board members Town of Dryden Dryden, NY 13053 Dear Town Board members, The undersigned citizens of the Town of Dryden support the appointment of a new town attorney. We urge you to appoint the firm of Barney, Grossman, Dubow, and Marcus, whose office is located in the town of Ithaca. None of the firm's attorneys actually live in the Town of Dryden, which we think is an advantage when it comes to conflict -of- interest issues, An out -of -town firm is less apt to have a conflict if legal action is taken by the town against someone in Dryden. Intimate knowledge of the Town is not, we feel, necessary to do a good job as Town Attorney, since the Town Attorney's only assignment is to offer sound legal advice to the Town. Some of us have direct experience with either Mr. Barney (representing the Town of Ithaca) or Mr. Marcus (representing the Village of Lansing Planning Board) and have been impressed with their sound knowledge of municipal law and SEQR law. Mr. Marcus is already representing the Zoning Board of Appeals and thus the firm already has some familiarity with the Town of Dryden. Two other reasons we urge you to choose a new Town Attorney are that the actions of the current Town Attorney seem to suggest a lack of knowledge or familiarity with the Open Meetings Law of NY and with SEQR regulations. 1) The current Town Attorney apparently has not advised the Town Board in the past on the means to enter into a legally correct executive session, or what may legally be discussed during executive session. The Open Meetings Law of the state of New York states the following (copied from the Open Meetings Law Web site): *********************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Question: I attended a meeting; and the public body closed the meeting to the public, citing "personnel matters." Is this legal? Answer: The Law provides for closed or "executive" sessions under certain circumstances prescribed in the Law. It is noted that an executive session is not separate from an open meeting but rather is a portion of an open meeting during which the public may be excluded. The Law requires that a public body take several steps to close the meeting. First, a motion must be made during an open meeting to enter into executive session; second, the motion must identify the general area or areas of the subject or subjects to be considered; and third, the motion must be carried by a majority vote of the total membership of a public body, Citing "personnel matters" is not a sufficient ground for going into an executive session. The motion to go into executive session should be more specific. For example, a motion could be :made to enter into executive session to discuss "the employment history of a particular person. " The person would not have to be identified. For example, on Oct. 12 the Dryden Town Board did not enter into executive session by taking a vo e of its members (Town Board minutes, October 12, 1999 *********************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2) Also, it appears that the current Town Attorney has not advised the Town Board that significantly widening local roads is an action subject to SEQR, although the actions clearly seem to fit the definition of an "action" taken by a "local agency" in SEQR law: "projects or,physical activities, such as construction or other activities that may affect the environment by changing the use, appearance or condition of any natural resource or structure". Road widening, bridge work, and drainage work in a number of areas in the Town of Dryden, for example, the tree - cutting and widening of Ellis Hollow Creek Road, do not appear to have received SEQR review. Finally, some of us have witnessed unprofessional behavior by the current Town Attorney. For example, during an executive session on October 12, 1999, the Town Attorney was heard shouting loudly enough that his words could be heard clearly in the hall outside the board room through a closed door. For these reasons please vote for Mr. Orkin and the firm of Barney, Grossman,. Dubow and Marcus to represent the Town of Dryden during the year 2000. Sincerely, i r u .Y- ML 7 � dye 40 446atw -41, 1'II q0 5e4o�?M er ✓ / i l vim ou W�v . i l� 6V T 11 gro gib o�� .� 1 I� hoYVU I Vl, bn.VO. /W! <G Bpi, 14 �jb 13 a6 Z Name Ujlc ISIA4 i 9 so � \TGIJ<- y� C ypa -� �R � x d� J'a Cex f Town Board Meeting January 5, 2000 4 WO F' Address V H � I M i ak 4� 0 Asa. I I by 61t Ad r }��` �( (�Tf &4� �rA e�4�vi P, t5v 6L •�►�.. �• . •V I I • � S 90 r S �V-\�&cLf a Name Town Board Meeting January 5, 2000 1608 r �. i Address