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HomeMy WebLinkAbout2000-03-08TB 3 -8-00 TOWN OF DRYDEN REGULAR TOWN BOARD MEETING MARCH S, 2000 PUBLIC HEARING PROPOSED LOCAL LAW C OF 2000 PROVIDING FOR A PARTIAL EXEMPTION ON REAL PROPERTY TAXES FOR PERSONS WITH DISABILITIES Town Clerk read the notice published in The Ithaca Journal. Supv Varvayanis asked if there were any comments from the public. Mike Lane stated he was in favor of the proposed law. No other persons wished to speak and the hearing was left open. Supv Varvayanis opened the board meeting at 7:15 p.m. Present: Supv Mark Varvayanis, Cl Thomas Hatfield, Cl Deborah Grantham, Attorney Mahlon R. Perkins. Absent: Cl Ronald Beck, Cl Charles Hatfield CITIZENS PRIVILEGE 10 Doug Smith - Reviewed paramedic's report for February. Explained that the Town could include mileage in the billing for ambulance service, it is not disputed by insurance companies, etc. Dryden is the only company that he is aware of that does not charge mileage. Suggested that charging for mileage should begin with the start of the new year. Research needs to be done to decide whether mileage should be billed using actual mileage or by area_ Cl T Hatfield suggested that research be done and whether changes in software would be required for this billing. Consideration should be given to the time frame to begin billing for mileage; perhaps that money could be had this year. Wondered if recording mileage would take any time away from patient care vs, having standard set mileage. The board felt using standard regional set mileage was a sensible approach. D Smith - The board should also consider raising the ambulance rates. We are now considerably lower than surrounding ambulances. This not only hurts the Town, but the surrounding ambulance services as well because when Medicare sets its rates it takes the average for the area and uses a community rating. Supv Varvayanis asked Mr. Smith to provide the town with information regarding the rates charged by other surrounding ambulances. Cl T Hatfield commented that it seems that the load between paid staff and volunteers seems to be shifting. Doug Smith explained that for the last seven or eight months they have been running about 50 hours per week, nighttime also, for paid staff. Deb Shigley, EMS Chief - When she became chief there were part timers being utilized for evening shifts. That has increased and they recently found out that was outside of the original parameters. They lost 4 volunteer paramedics about a year ago and have had to increase the nighttime hours for the part timers. They currently have one volunteer paramedic Page 1 of 28 TB 3 -8 -00 and one volunteer critical care person. She explained the reason the volunteers are not doing this is because of the extensive education and training necessary. Most volunteers stop at the intermediate level. They want to work within the parameters the board has set, but would like to propose the continuation of paid paramedics for evening hours. They currently are running about 4 shifts per week and would like to continue to do that. Each rig leaves the station with a volunteer on it. She understands there is a set number of part time paramedics approved by the board. The number has shifted; there are currently nine, more than approved in the past. She proposes that the number be more flexible. Part timers come and go rather quickly, and she would like to leave them on the list for as long as they could do an occasional shift. She suggests the number be flexible, to be determined by the needs set by the Department, herself, and the Town Supervisor, Cl T Hatfield believes it to be an issue between the Town Board and the Department and that there are more issues to be discussed. He suggested that some people in the Department meet with the Supervisor and the board to discuss this and other matters. Apparently the part time list is being used for a purpose other than to replace full time folks who are not available. Cl Grantham agrees. Doug Smith will gather needed information, and suggested that he meet with the Ambulance Committee. Supv Varvayanis suggested that an appointment be made for the end of the month to meet and hopefully make a decision at next month's regular meeting. D Shigley noted that surrounding agencies presently running and which will be running ambulances pay or will pay more than the Town of Dryden currently does. Most of them. are paying a starting rate that is higher than our long time full and part time paramedics. She will bring the information to the committee. Cl T Hatfield - That may be contributing to the turn over. We need to gather data and sit down with the committee to discuss it. D Smith noted that while a pay increase would be nice, it would have to be budgeted for. Peggy Walbridge, 123 Hunt Hill Road - Presented the board with copies of the road classification system that the Town of Caroline has. Asked the town to take a look at it. She believes it has a lot of good possibilities for the Town in terms of recreational, farm access, lower maintenance (less cost for the Highway Department). Believes Mahlon Perkins has worked with this as town attorney for the Town of Caroline. It is fairly clear that municipalities do not own the 60' right of way in all the roads. Offered to help with any committee in looking at it. Perhaps we can do something to reduce costs. There are issues with Ellis Hollow Road and the County and a number of other things and this is a good way of starting a dialog and some excellent concepts. Cl Grantham also thinks this is a good idea. It is based on information provided by the Cornell Local Roads program. She submitted their guidelines to the board a few years ago and states there is some validity to doing a scheme like this. Cl T Hatfield feels there is some merit to it, to make classifications by use and level of stress and therefore adjust widths and speed limits. Would like the Highway Superintendent to look it over. Peggy Walbridge suggested that a group of people with different positions get together to talk about the pros and cons. Cl Grantham suggested a committee of citizens, the Highway Superintendent and the Highway Committee. Supv Varvayanis asked Jack Bush to look over the information and will form a committee to look into the classification of roads. Is Page 2 of 28 r: James Ray, Jr. - Distributed an insert from the January 28, 2000 Ithaca Journal and a copy of the notes he is using tonight. He is the Vice President of Jim Ray Mobile Homes in Newfield. They own the Hillside Acres Manufactured Housing Community in Varna He is the Vice President of the Sunshine Group of the Fingerlakes, LTD which is a property owner on the Route 13 corridor with road frontage next to 4H acres on Lower Creek Road. They have been reviewing the situation of this piece of vacant land and are very interested in the continued pursuit of the Town to form a water and sewer district in that area. Their property is included in the district according to the preliminary maps distributed by the Supervisor. When they purchased the property they had no intention of using it for housing. The Zoning allows for commercial, professional office, light industrial uses, etc. The Town placed this zoning use in this area years ago because planners had a vision for the best use of the land in that area. One of the articles in the handout talks about the amount of upscale technical -type jobs coming to this area and businesses in basements needing a place to go. It talks about the job opportunities and if these articles are correct there is going to be a need for places for these types of businesses to go. He feels their property is in such an area. An example of this is the technology park near the airport in the Village of Lansing. Not all companies will be able to afford, and there may not be room, that location. The opportunity for the Town of Dryden to experience some of this good growth is knocking at the Town's front door. Examples of the good growth are in the handout. Another article referred to is the dot corn article, where people came from their basement or garage to a very large area. This is an example of what could happen. These businesses need space to expand. The location of their property has all the needed services, such as FedEx, UPS, postal service, shopping, housing, eateries, etc. In order to support, maintain and bring in quality jobs to this town we must have infrastructure development such as water and sewer. isRobin Seeley - Feels that is exactly what the master plan process is designed to get at. Barney Schug - Speaking for 50+ employees of Cayuga Press as well as employees of Mailbox, located in the proposed sewer district. Although good growth is a fine idea, his concern is his employees and the people who work and visit Cayuga Press. Because of the dry conditions the last several years they have had problems with water pressure and water quality. They have had to resort to bringing in bottled water for drinking. They have also experienced problems with the septic system. They have been forced to use more chemicals with the machinery because of the water quality, and more chemicals means more potential pollutants and more waste. Clean water would benefit their employees as well as their equipment. As a representative of Cayuga Press he would like to know what the next step of this type of process would be so he can report to his employees. Supv Varvayanis - The Town is still waiting to get firm numbers from the County. The County is negotiating with Cornell about purchasing the land and the Town has to get permission to run sewage through the pipes. Barney Schug - It's something that's still in the process of going forward, then? According to the paper it didn't appear as though that was the case. Supv Varvayanis - Asked Mike Lane to speak to that. Mr. Lane told Supv Varvayanis on Wednesday that the County has not given up hope. Mike Lane - The intermunicipal project is a project of issues that include the Town of Dryden, Tompkins County, the City of Ithaca, the State of New York and Cornell University. • There a number of things to be gained by each of those entities. The State of New York would like to move its highway facility off of the current site located on Cayuga Inlet. It has no Page 3 of 28 ON IIi7 impetus to move except that it would like to have a new facility at some point. It would like to AIRL combine its residency with Cortland into one central location in Tompkins County. A number of sites were looked at by DOT, a number of them suggested by the County. The County is 4P interested in this project because it fits in with the water front revitalization that has been studied. Supv Varvayanis - Is interested specifically in this site, not the project in general. M Lane - Was trying to give a little background. People to understand the reason you are waiting for figures from the County is because we wanted to sit down and talk about figures and we haven't had an opportunity to do that with you. When I was in the office the other day I asked. Supv Varvayanis - And I said okay, present me with numbers. M Lane - Well, I'm just going try to answer your questions the best I can. The location has also to do with the 911 facility, and that's why I'm trying to bring this along, so people can understand. The 911 facility has a capital project. The idea of locating this simultaneously with the location of the DOT project makes a lot of sense. We've been trying to move these along on the same track, at the same rate of speed. We've had a lot of pressure to get the new consolidated 911 facility up and running as quickly as possible. There are lots of people that are nervous about this. Basically because of what seemed to be moving along all of a sudden has run into a slow down here at the Town. As you remember, in January I came to you and said what do you want? And I'm still waiting for that answer. Supv Varvayanis - I told you in January I want soil samples so I know that you can put 1,000 pounds a square foot on that facility. And I'm still waiting for an answer. M Lane - Soil sampling is going to be underway. I also asked in your office the other day, would you tell me if we do the soil sampling and that turns out to be adequate, which I suspect it will. Just down the road they are building a multi-story hotel. Supv Varvayanis - Not on a slab, and not a ten story hotel. M Lane - I said then can we commence negotiations. You said I sent you the figures. You sent us a bunch of figures and I don't know what options there are. There was a summary of correspondence which was prepared by somebody. We're glad to sit down. We're glad to see what these figures are. Maybe these figures won't work for the Town. I don't know. But we haven't had the opportunity to do that. And I still ask the question: Is the Town interested in seeing this project move forward or isn't it? So you've got a lot of frustrated people, particularly the public safety people at this point. So they are... Supv Varvayanis - The public safety people told me that as of August the plan was to go into the CFR building. There is a 120' tower licensed at that site. As of August the whole program was designed around that 120' tower. All of a sudden, from the County, came the idea to put it on Hanshaw Road. From what I've heard, they're not frustrated at me. They are wondering what's going on and they're not blaming the Town. M Lane - I've been in it for about three years. We've tried to bring you up to speed on it. And I don't want to get into a public argument with you. Apparently you want to get into a public argument with me. I don't think that shows the kind of statesmanship that we ought to have in a situation like this. You are saying that you think it should go in the CFR building. We looked at that. The reason that we don't feel it should be in the CFR building is because of the airport master plan and the plans to use that area for the private transportation air traffic improvements that are planned over the next few years. We could put it a number of places, Page 4 of 28 TB 3 -8-00 and a number of places are going to be re- examined at this point, and that's what the • headlines are about. DOT would still like to see the site on Hanshaw Road, Cl T Hatfield - Is there any reason this can't still be going forward on multiple tracks? You are going to do soil sampling. Can't we sit down and have, for lack of a better word, negotiations? It sounds like we need to get all the parties to the table. You've got Cornell, the County, the State, and the Town. I would be more that happy to be part of that with you. Maybe we need to have some give and take. There certainly are persons interested in seeing this brought to a resolution. This Town Board up until this recent hiccup has been on record unanimously in favor of at least exploring. It doesn't mean its going to get done. It isn't really in the final analysis up to the Town Board to decide. Water and sewer districts are subject to permissive referendum by the people that are in those districts. We need to get past this impasse and get some numbers for two reasons. One, if this is not going to be acceptable to the residents of the district, the County and State deserve to know that. If Cornell is not going to cooperate, we all need to know that. If the State and the County can't provide us with what we think we need for the citizens in the district to have a look at and comment on, we ought to give them that, because they need to look at other alternatives too. What I'm hearing is a need to cooperate a little bit. Let's call a meeting of the parties, or ask the County and get all these people together in one spot and discuss it. M Lane - I have supported this project as a representative of part of the Town of Dryden because I thought it was good for the Town of Dryden. If I didn't think that, I wouldn't be supporting it. One of the things that has convinced me that it made good sense has to do with the trailer parks. We either have the most or second most mobile home parks in the County in the Town of Dryden. Many of them are located in areas that have very poor drainage and we should be doing what we can to try to provide municipal water and sewer for those mobile home parks. There are two of them that could possibly be serviced by this district if the Town • decides to go ahead with the district. Feels that the people who live in mobile home parks need to be represented. Supv Varvayanis - One of the mobile home parks has approached the Town to become an out of district user. M Lane - I'm glad to hear that. We need to represent all the people, not only the people that are financially well off and own their own homes, but the people who have to rent as well. R Seeley - Was present at County Cap Comm meetings and knows that they talked about three other properties that they were looking at for this facility. She believes there should be the Hanshaw Road possibility and three other possibilities. No one sounded very unhappy with the three alternatives at that meeting. M Lane - We didn't have all the facts on them. We've learned recently that some of those sites are not acceptable because of the location of NYS Electric & Gas facilities. They make it unacceptable for the kinds of transmissions that need to go through the 911 center. He questions whether it makes sense to have a 25 commitment for the centralization of 911 on South Hill. We are taking a look at it. But when an equal player in an intermunicipal situation all of a sudden changes course, it looks like the intention is to disrupt the project, not to make it a better project. And I don't know what's happened. Supv Varvayanis - And I still don't know if Cornell plans on letting the sewage run through its pipes. I still don't know if Cornell plans on selling you the property on Hanshaw Road. is M Lane - Has talked to Cornell. Have you talked to them about the ... that would help us know whether the Town is moving ahead with this. Page 5 of 28 TB 3 -8 -00 Supv Varvayanis - I left that with Mahlon to negotiate the pipes. Atty Perkins - No you haven't. Supv Varvayanis - We talked about that in January. Atty Perkins - You never instructed me or asked me to do any such thing. Supv Varvayanis - Okay, why don't we all sit down at a table? Cl T Hatfield - I think that's where we can straighten this out. R Seeley - It's not just the County driving this. It's a planning issue for the,.. Cl T Hatfield - We understand that Robin. But we also have multiple tracks; we have lots of issues on the table and they're not just planning issues. There's public safety issues on the table, public health issues on the table. So let's sit down and talk. Does that hurt anything? R Seeley - No. Cl T Hatfield - We've agreed to do that. Do we need a resolution, or can we agree to have a meeting? Let's see if we can get the parties, coordinate it through Mike, and let's set a date as soon as we can and get everybody to the table. M Lane - I would be glad to do that. P Walbridge - Hasn't the County Airport already provided for expansion of emergency is help in its stage two or three built in? M Lane - No, if you look at the plans, it will be used by the airport. Would be glad to have Bob Nicholas, the airport manager, come in and discuss that. P Walbridge - You're saying what's on record isn't... there's something else? M Lane - There are a number of issues going on. More of the passengers at the airport come through the private sector, than through the County terminal. It's not the terminal we just abandoned but the terminal before that the private sector uses. It doesn't give a very good impression of the County for people coming in to do business, educate their children, or whatever it is. The airport is a pretty important project for the County as well. P Walbridge - That's going to supercede whatever plans there were to expand the emergency system at that point, is that what you're saying? M Lane - The emergency system was never planned to go in there that I'm aware of. The emergency system was set up at central fire station. At the time that 911 was put together because of basically turf issues, the centralization didn't go forward at that time. Now that some of those things have changed and some of the players have changed in the public safety sector, they are asking for this centralization. That's the best I can answer you Mark. As far as the testing, I've made it clear that is something that you folks really want and as far as I know that's in the works. It doesn't happen overnight. We have to get a contractor. Page 6 of 28 TB 3 -8 -00 Cl T Hatfield - Meanwhile we can sit down and do the talking. There's been a lack of communication perhaps, for whatever reason. Forget it, the water's over the dam. Let's sit down and talk and go to some logical conclusion. There's going to be a best answer somewhere in the mix. As Robin points out, there are other sites. Nothing wrong with looking at alternative sites with the County or the State. All of that needs to be brought together because we had a tremendous number of people here at the last meeting listening to that presentation on the public safety issues. Our firefighters and police officers as well as those needing their assistance deserve to see that project move forward and I know there's a lot of sensitivity to that. I've heard from some of those that are concerned about this as well. J Ray, Jr. - Wanted Mr. Lane to understand that not all people who live in manufactured housing are poor. Several of his residents are very well off middle class folks. He would appreciate it if they were not all lumped together. M Lane - You're absolutely right. I shouldn't have used such a broad brush, but there are a number of people who are below the poverty line who live in mobile home parks. Supv Varvayanis - We have another person who runs a good mobile home park. It is possible for a conscientious person who has the proper permits to run a good water and a good sewer system privately. People do do that. If they need our help we can put it in, but to say these poor citizens need us to come charging in because obviously someone is not doing his job. I don't accept that as a legitimate answer. B Schug - Don't the citizens pay for the water and sewer they are going to be using? What charging in is it you're going to be doing exactly? Supv Varvayanis - You're talking about spending 3.4 million dollars. It is tax money. It • will come from the users. But to set up a water and sewer district is a town function. B Schug - The people who will be using the facilities will be paying for them. Peter Schug - Also works at Cayuga Press and lives in Dryden. I got the impression that this process moving forward was to see if this was a viable opportunity to provide water and sewer in our area, and I get the impression from talking to you that you are trying to make a decision now for something down the road. I thought they were looking for information so that we could make reasonable determinations on whether we needed water and sewer or whether it was warranted. I get the impression that there is a lot of resistance to even get to the point where I'm going to get the necessary information I need to make those decisions. I already know that the water is bad. I already know the pressure is not that good. When we have dry weather it stinks. I already know those things, so there is a need where I'm at. Whether we can afford it, whether its feasible, I don't know those things. But I'm sensing a lot of resistance just getting to the point where I can get all that information or it can be brought to the public to say here's what we've got; would you like this district. I guess I'd feel a whole lot better if there was a little less resistance at the Town. I don't know if there's friction between people or what the problem is, but it sounds to me sitting here as casual observer that there's a lot of underlying problems with just trying to move forward and get to the point where we can make a decision. Hopefully, I'm wrong. Cl Grantham - The preliminary engineering report that was done for the water and sewer district last fall didn't include any calculations of what it would cost to put sewage through Cornell lines. Until we get that information, the numbers that are in those preliminary reports are not anything like what we have. • Supv Varvayanis - I should also point out that $700,000 would come from the DOT and 911 facility. I thought that number was hard, but then found out from Mike Lane that that Page 7 of 28 TB 3 -8 -00 number was soft, and in fact the Town never had gotten a number from the County. That is when I said we need firm numbers. I'm waiting for a number. B Schug - As a constituent I would encourage you to be more proactive in looking for those numbers. Supv Varvayanis - If it makes you feel better, I've already sent a memo to Barbara Mink saying that obviously Barbara Blanchard and I are not communicating and asking her to step in and figure out what's going on. Cl T Hatfield - I think we've got a position to go forward with and get people talking again. That's the resolution, move forward and not worry about who said what. The important thing is to move forward so that you can have the information you need to make a decision at some point in time. Supv Varvayanis read a letter from David Updike, President of Mailbox of Ithaca encouraging the Town to move forward with the water and sewer district formation process. Supv Varvayanis asked if there were any other citizens who wished to speak and there was not. Supv Varvayanis closed the public hearing for proposed Local Law C of 2000 at 8:15 RESOLUTION #103 - ADOPT LOCAL LAW #2 OF 2000 Cl Grantham offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby adopts the following Local Law, to be known as Local Law #2 of 2000 as follows: PROPOSED LOCAL LAW C (2000) PROVIDING FOR A PARTIAL TAX EXEMPTION FOR REAL PROPERTY OWNED BY PERSONS WITH DISABILITIES WHOSE INCOMES ARE LIMITED BY REASON OF SUCH DISABILITIES 1. This law is enacted pursuant to Section 459 -c of the Real Property Tax Law of the State of New York. 2. Pursuant to the provisions of Section 459 -c of the Real Property Tax Law, real property located in the Town of Dryden, owned by one or more persons each of whom is disabled and whose income is limited by reason of such disability or real property owned by husband and wife, or siblings one of whom is disabled and whose income is limited by reason of such disability shall be partially exempt from taxation by said Town for the applicable taxes specified in Section 459 -c based upon the income of the owner or combined income of the owners. Such partial exemption shall be to the extent set forth in the schedule following. INCOME RANGE Up to $19,500 $19,501- $20,499.99 $20,5004219499.99 $212500422,499.99 $22,500423,399.99 PERCENTAGE OF EXEMPTION 50 percent 45 percent 40 percent 35 percent 30 percent $23,400- $241299.99 • $24,300- $251199.99 $251200426,099.99 $26,100- $26,999.99 $27,000- $27,899.99 $27,900 and over 25 percent 20 percent 15 percent 10 percent 5 percent 0 percent TB 3 -8 -00 3. The partial exemption provided by this law shall, however, be limited to such property and persons as meet the conditions, qualifications, exclusions, and limitations set forth in Section 459 -c of the Real Property Tax Law. This local law shall be administered in accordance with said sections of the Real Property Tax Law, as now adopted, and as they may be amended from time to time, and the provisions of said section as provided in Section 459 -c, shall be applicable to the effectuation of the exemption provided for in this local law. 4. Application for such exemption must be made by the owner or all of the owners of the property on forms prescribed by the State Board to be furnished by the Tompkins County Assessment Department and shall include the information and 'be executed in the manner required or prescribed in such forms, and shall be filed in the said Assessment Department office on or before the appropriate taxable status date. 5. Any conviction of having made any willful false statement of the application for such exemption shall be punishable by a fine or not more than $100 and shall disqualify the applicant or applicants from further exemption under this local law for a period of five (5) years. 6. This local law shall be applicable to the Town tax for taxable status date of the year next following its adoption and thereafter and the provisions of said local law shall govern the granting of an exemption under Section 459 -c, notwithstanding any contrary provisions of that section. 7. This local law shall take effect immediately. And it is further RESOLVED, that the Town Clerk is hereby directed to file the same with the Department of State of the State of New York. 2nd Cl T Hatfield Roll Call Vote COUNTY BRIEFING Cl T Hatfield Supv Varvayanis Cl Grantham Yes Yes Yes Mike Lane - As of March 1, 2000 New York State has lifted the sales tax on clothing and shoes up to a value of $110.00. Cortland County has lifted their portion of sales tax also. Fourteen counties and a dozen cities have also lifted their sales tax, including Broome County, The County has recently heard from the Chamber of Commerce asking them to reconsider lifting it in Tompkins County. If done, the effect it may have on the real property tax base should be considered and the budgets of our local municipalities. He will be sending out a letter in the near future to Towns and Villages asking for input on this issue. The County will be taking another look at it. The earliest it could be lifted would be March of 2001. It would cost about 2.5 million dollars if done. Cl T Hatfield asked Mr. Lane to provide any information they might acquire in the future regarding the effect on local merchants. Page 9 of 28 FR : 1 The jail study has been ongoing for the past two years, considering the problems with overcrowding and resulting board outs. No prisoners had been boarded out this year or last because of the waivers obtained from the State allowing double bunking. Registered capacity is about 73 prisoners and occupancy has been as high as 100. There is concern about where this is going in the future. Some groups would like to see no jail expansion, instead using alternatives to incarceration. Some people feel those programs and their results are questionable and that the jail should be expanded. There are a number of options available to Tompkins County including a proposal that would increase the beds to 196 at a cost of about 20 million dollars and one to basically do nothing. Cortland County has expressed an interest in a joint facility and the County will begin talking to them about figures. One scenario would be that both Counties would abandon their jails and turn them into administrative areas which are needed and build one jail in a more centralized location. They have been looking at Dryden for a site. The goal is to save the taxpayer money with long term planning. The County is moving ahead with the household hazardous waste project. It now includes some new construction at the recycling center which will make it easier for people to use and cut down on traffic congestion. The handling of the receipt of household hazardous waste is still being addressed. There is a long list of people who want to make appointments. Mr. Lane met with Supv Varvayanis and Ward Hungerford, County Highway Division Manager, the other day to discuss upcoming County projects in the Town and how they will be implementing the public participation portion of those programs. A meeting has been held regarding the Red Mill Bridge and about 25 people attended. Discussion included whether to do Red Mill Bridge or Malloryville Road Bridge and the general consensus that the County needs to focus on Red Mill and not Malloryville. They are unsure what the scope of the project is going to be yet. The next step is for the engineers to come back with some proposals. With respect to the Ellis Hollow Road improvements, including shoulder work, they met about two years ago with residents. They were just getting started at that point and plan another meeting is in the future. An engineer firm, TG Millers, has been hired to work on that project. There will be no plan before the public meeting is held (April or May at the earliest) . There is a lot of bridge work going on in the County because of the federal funding that has come through. After 2001 every abandoned bridge will be back on line with the exception of Carter Creek, which they. have not decided what to do with. With respect to the Ringwood Road Bridge over Cascadilla Creek, the materials have been fabricated. Repairs will return the bridge to an unposted condition. At Ellis Hollow Creek, replacement of several hundred feet of storm sewer is planned. Final design is complete and the project is slated for construction this year. Peggy Walbridge felt people would like to comment on that, particularly since it would appear to involve shoulder work. Robin Seeley - Understands the tower project has been presented to the County Board of Representatives and wondered if any resolutions were passed or votes taken. Mr. Lane informed her that no votes were taken or scheduled, and informed her that it is an approved capital project. He stated the issue now is the cost of the radios, as they are not part of the capital project at the present time and they do not yet know what a radio will cost for this system. There is presently an inventory of radios taking place and perhaps a better price could be obtained by combining the orders of the various municipalities. R Seeley wondered about the options for obtaining land for the towers. Mr. Lane is not aware of proceeding with any options at this point and does not believe they have received the go ahead from the committee to go out and buy land. ZO Slater - 54G money was an incentive offered to municipalities in the early 80's to enforce the New York State Fire Prevention and Building Code. That money was surcharge is Page 10 of 28 11: 11 assessed on insurance policies in New York State and eventually distributed to communities that chose to enforce building codes. Little by little that money, still being taken from insurance policies sold in New York State, found its way into the general fund and the communities have been getting less and less until a few years ago it stopped, and the communities continue to receive none of that. Recently Senator Jim Seward introduced legislation that would rightfully return that 54G money back to the municipalities. There is a need to develop some support on the Assembly side and he has been asked to get in contact with Assemblyman Luster and other people who would be willing to work in that direction to return that money to the municipalities. Mr. Lane will be glad to work with Mr. Slater on this matter. COUNCIL PRIVILEGE OF THE FLOOR CI Grantham - Has received an update from ZO Slater on the Sutton Subdivision clarification that she requested on whether the conditions of the subdivision approval have been met or not. Asked him to give a verbal report. ZO Slater - On 2/11/2000 I advised the project sponsor, Douglas E. Sutton, that we had suspended the issue of further building permits in the Woodland Park Subdivision. I have also confirmed that TG Millers Engineers and Surveyors were the original professional engineers retained by Sutton to layout and design the subdivision. Their activities included doing the preliminary layout. They also developed the engineering details to submit to the Tompkins County Department of Environmental Health for the Health Department review for septic design of that area. They also designed the lots, the road layout, and easement areas for the diversion ditches and the detention areas. The last thing that Millers had done relative to this project was to stake the entire 23 lots which they confirmed they did in August of 1988. They confirmed in September of 1994 in doing a review of the Brooktree Lane turnaround the • location of Lot 19. After that point, installing the lot markers, Millers withdrew from the project. After this point it is difficult to determine if Mr. Sutton relied on those preliminary drawings or he retained the services of another engineering firm. There are no records in our We that would indicate that. There are no records in any other files that we are aware of that are immediately available to indicate whether that occurred or not. At the time of the Woodland Park Subdivision technical review, George C. Schlecht, PE was doing review of engineering related activities, such as drainage, road configurations and placements and those types of activities. Typically, after a design was approved he would also be involved in overseeing the construction of such activities. Once he was satisfied the activities met the standards that he had established for them, he would report to the Town Board that it was appropriate to accept the road, through the Town Highway Superintendent and he would have reported directly to the Planning Board Chair that it was appropriate to sign off the plat. Preliminary approval of the subdivision was granted I believe in February of 1988, contingent upon completion of the conditions that were established for the subdivision. In May of 1989 the Town Board accepted the street Brooktree Lane and on May 17, 1989 Barbara Caldwell signed the final plat. Mr. Sutton recorded the subdivision in the County Clerk's Office on May 21, 1989. At the current time Mr. Schlect resides in the South. Through a 3rd party we have contacted Mr. Schlecht requesting any engineering details or correspondence or whatever he may have. He has moved several times over the past several years and each time he has moved he has thinned his records, but he has agreed to look and see what he may have and try to determine what they process may have involved. Another problem is that in the early days of engineering services and combined services a lot of the communication between parties were verbal and written notes were not always there. The design for any diversion ditches or retention pond remains a mystery at this point. We don't have 'any engineering or development documents, nor does the final plat reflect any sections that would describe how a diversion ditch should have been built or what the detention pond should have looked. like. Typically • there would be a cross section drawing that would give you a dimension. We continue to work on this to the best of our ability and will do our best to resolve this. There may come a point Page 11 of 28 TB 3 -8 -00 where we have to decide whether we want to establish some engineering standards, and can we in fact enforce them. 0 Cl Grantham asked Peggy Walbridge whether she had an engineering report. P Walbridge replied there was an engineering report that was filed with the County. Robin Seeley stated she had submitted them to the Town Office and ZO Slater stated those are the engineering reports that came from his file when he asked to have them copied; they are the same ones the Town has and there are no details of construction. It is also his understanding that since those were in the preliminary stages, those were offers to do. Whether they were tied to the project is not clear. The other problem is that in 1989 when all these approval processes seemed to be moving forward, we don't have any Planning Board records of meetings or approvals during that entire year. The Town has the final resolution containing the conditions, but how they moved forward or didn't move forward is where the problem is. We don't know if a site visit was conducted by the engineer. Doug Sutton has been asked to provide a plan for the drainage and he has not done that to date. He was asked to reasonably substantiate that he complied with the terms of the February 1988 approval and he has not responded. P Walbridge - Brooktree Lane was not paved until two years ago, so when the Town accepted it, it wasn't fully done. Does not believe the Town Board was told that there were drainage and swales that were necessary and part of his bond or whatever. ZO Slater - The Town Board minutes may reveal something. Cl Grantham - It wasn't exactly a bond, but some other form. It had an expiration date and it expired. About two years ago someone came to the board and wondered why the road hadn't been paved. We didn't know it hadn't been paved, and the letter of commitment had expired so the remaining work had to be done at Town expense at that point. ZO Slater - There was another issue with the road that occurred in 1994 when they determined there was no turnaround. I was involved with that. P Walbridge - Has several concerns. One is that there just seems to be a whole series of either comedy of errors or lack of oversight or whatever with the Planning Board, with Henry's Office, with I don't know who else. I would like to make sure that this doesn't happen again in general. So that we know (a) what happened and (b) how to correct the problem. The other is to correct the drainage problem that will occur if this subdivision is built. Any one who lives on these hills knows the water just runs off of it in the spring and when it rains moderately hard. Plus the fact that the Sizemore subdivision on Hunt Hill Road was approved based on the drainage of the Sutton subdivision, so we are just creating a problem here. I would like the Town to figure out a way to resolve this, not just say we don't have minutes and George is in parts unknown and we don't know about this, but to resolve. The Planning Board spent hours trying to figure out what was the appropriate response to validate the work and get it done. We need to determine what's the general situation and what's the specific resolution to this impending problem. Luckily the place hasn't gotten built up so it hasn't caused a major problem, but it will. ZO Slater - One of the things we've added to our review process, regardless of whose responsibility it is, is to look at plats for these special situations and if they haven't been done we can at least bring them to someone's attention. It's a process we've implemented in our review checklist. It should help in the future. I would hope that you would not find situations like this very often because the practices have been not to sign off until all the work was done, or not to sign off unless money was posted so the Town could seize that money and do the work that didn't get done. Page 12 of 28 P Walbridge - The Planning Board Chair cannot sign these things unless... ZO Slater - My opinion is that she OK and the fact that she didn't sign it for didn't sign it for a long time and I assume did. TB 3 -8 -00 also has to make sure that Barbara or whoever is the would not have signed it unless George said it was a year and four months said that for some reason she she signed it under advisement. P Walbridge - We also need to, as a Town, keep records so we know `chat we actually ZO Slater - That's something we've gotten better at. Cl Grantham asked if a SPEDES permit would have been required because of the size and was told by ZO Slater that at that time it was not required, but there was a SEQR review. Cl Grantham - What about a perc test? Did you just basically go through that and look for compliance? ZO Slater - A person cannot draw a building permit until one of the documents they provide is a copy of a health department's approved septic permit. If it's in a municipal water and sewer district they have to provide a copy of the approved water and sewer hookup and development on that particular lot. They can't draw a Certificate of Occupancy until they provide, among other things, a sign off by the applicable department, the Health Department or the water and sewer commission. There is a whole series of permit checklists that have to be filed and completed before they can draw a CO for a project. I'd be happy to show you that if you'd like to stop in and see how it works. Cl Grantham - Is that yes? ZO Slater - The answer to your answer would be yes. There is no way that that could not happen. Cl Grantham stated the driveway has not been moved on the one house that is being built. ZO Slater - Since the adjoining lot belongs to Mr. Sutton, and Mr. Scott and Mr. Sutton seem to have an agreement that it has to be moved, that we should let them decide when they are going to move it, and that it should be done when ground is fit for working, not now. Cl Grantham - Then that makes the next lot smaller. ZO Slater - No, the property line doesn't change. They just mislocated the driveway. According to Mr. Scott he went on the wrong side of the property line. He'll have to restore any work there because it runs through the drainage easement and may interfere with the ability of that culvert to carry water toward the creek. Cl Grantham - The drainage doesn't go anywhere is the point. It was never finished. ZO Slater - We have no clue what the drainage is supposed to be. I'm saying if we are going to pursue this we're going to have to develop some specifications for installation of the drainage. Cl Grantham - Well we have clues. We have general plans because they're on those • drainage drawings. Page 13 of 28 TB 3 -8-00 ZO Slater - We know where they belong, but we do not have any engineering details as to how they should be constructed. There isn't any sense in going in and scraping the ground away. We should develop an acceptable or best management plan, engineering set of documents that should describe in detail how they should be installed and then verify they're done. If that's the direction we want to take. P Walbridge - Is that the Town you're suggesting? The developer who owns the land should be doing it. ZO Slater - I think the Town has to make a decision on how they want to proceed with this. Cl Grantham - When is the last time you had any discussion with Mr. Sutton? When did you send that letter? ZO Slater - February 11 and to date he has not responded. I know he got it because the day you had the scoping session (February 25) he told me he had it and said he was working on it when he walked by the office. He acknowledged he had it and his preliminary response was "I have everything I need to establish that I did what I was supposed to. I've given it to my lawyer and you'll hear from me." R Seeley - The reason I got involved in this is because of the Sizemore subdivision which is being built in back of my property and I know that there is a terrible problem with a septic system that was polluting a stream that was running into my stream. It's the whole reason I got into this. When I went up to the Sizemore's I realized that they had put the septic system in a different way than had been on the subdivision site plan. Now we are not only talking about the Sutton subdivision, but also the Sizemore subdivision. The drainage problems on the Sizemore subdivision was supposed to be taken care of by the improvements on the Sutton subdivision. Now we've got this other subdivision which was never taken care of plus the builder who built this new house, in the back filled the stream that was supposed to be part of the drainage solution. Now this stream has been filled up. I want to correct the impression that this is somehow a problem of ancient history and it's just a question of going back to the records and figuring out what has happened. This thing has had cascading effects Cl Grantham - In fact one of the other problems is that I think there's been some alteration to the drainage by roadwork that's been done, some changes in the locations and outlets of culverts up above that. So even if there was a detailed drainage plan then, it's maybe not going to work now, because it wasn't taken into account when the road was done. I'm not positive of that and I'm not positive that it would change it, but the fact that there's actually two subdivisions affected because of this and there are health issues because of failing septics or septics that are emptying directly into streams is a problem. R Seeley - We don't know that the septic is emptying directly into the stream. The Health Department still doesn't know what is causing it, but something is seriously wrong. ZO Slater - Suggests we seek legal counsel on where we stand legally and suggests that we consult with our engineering firm on how to best correct the situation, if it's appropriate for us to demand that. Cl T Hatfield agrees. Atty Perkins - There are certainly possibilities that could be explored about who will correct this and at what point. The problem is that no matter who corrects it, you have to have a standard or something to go by, a plan or specification. If that doesn't exist, then one needs to be developed as consistently as possible with what records we do have. I don't think that we are going to be able to get away with holding him to a standard which didn't exist at the time the approval was given. Certainly you can request from him any records he has which show he Page 14 of 28 TB 3 -8 -00 did these and what specifications he built them to and so forth. I think it is the common . understanding that nothing was done and it remains as it was. P Walbridge - If you walk across the field it is supposed to have a swale, and it's flat. Supv Varvayanis - We already sent him a memo that he'll get no more building permits, so we can't really get in there and do a whole heck of a lot of work in April. So you have another month to try to come up with the engineering plans from somewhere. If they haven't come up by our April meeting we can then instruct our engineer to get out there and design something. Cl T Hatfield - Should we have Mahlon look at the legal issues in the meantime? I don't know how much research is required or how complicated it would be. ZO Slater - I should think we should know where we stand. Cl T Hatfield - Maybe this guy will cooperate between now and then, which would be great. But I'm concerned that we've got another subdivision involved somewhere in the process. ZO Slater - I believe it's a four -lot subdivision. P Walbridge - But the drainage on the hill is... Come look at the erosion bank that the farmer built 40 years ago on my land and the water that runs down that hill. Supv Varvayanis - We'll have Mahlon look into it, but as I understand you would look into whether we could charge him for the work or whether we have to do it on our own, correct? • Atty Perkins - At some point whoever pays to have it corrected is going to have to be resolved, but the plans and specifications really come first. Either he's got them or not, and if he doesn't then we'll have to come up with them because from what I'm hearing at some point this work's got to be done to correct it because there is a subdivision up stream that depends on the drainage being corrected down stream and so forth. I think that rather than spend a lot of money that we may not need to spend, we first should find out if the specifications exist. If they don't, let's come up with some. If we have a reluctance at that point we can take a look at the legal issues. P Walbridge - Also what is connected is the water that comes down Hunt Hill Road at that right angle turn is being illegally dumped by the Town onto the Sutton subdivision. It has been for probably 30 years or so. Part of this drainage is to be able to get that off of the Sutton land and get it properly going. If any work is going to be done on Hunt Hill Road it should be done in conjunction with this drainage because if you just dump this water down Hunt Hill Road without the appropriate drainage swales or ditches it is going to create even more of a problem. I think this should be in conjunction with whatever is done on Hunt Hill Road. Cl T Hatfield - Really a third piece is what you are saying. Jack Bush indicated he may be working on Hunt Hill Road this year and Supv Varvayanis suggested maybe he should wait to see what comes of the situation with the subdivisions. P Walbridge - It is a win -win situation if this work gets done and should hopefully help some things. Page 15 of 28 K50192 : 11 ZO Slater - There is also a question about the culvert exchange on Hurd Road on that final plat. Somehow it connects the Town to doing it if the developer doesn't. There is a note to that effect. 0 R Seeley indicated the culvert has not been relocated. Supv Varvayanis asked Jack Bush to talk with Henry or Dave before he starts working on that road and Jack stated he would. Regarding the ZBA request for clarification, Atty Perkins distributed a memorandum which set forth the definitions for dwelling and multiple dwelling contained in the New York Multiple Residence Law and the procedure for amending the Zoning Ordinance to incorporate those definitions. Atty Perkins will prepare the appropriate resolution for consideration at the next board meeting. Cl Grantham presented a revised version of the proposed resolution for the Hammond Hill trail usage. This acknowledges that the Tompkins County Environmental Management Council has identified specific issues associated with multiple uses of the State Forest Land. The next to the last paragraph provides for municipal as well as public input and participation in the management of the public lands. Joyce Gerbasi had felt the previous resolution was not specific enough and so the paragraph about specific issues was added. Hammond Hill users appear to be satisfied with it. She would like to pass this resolution tonight and forward it to the DEC in support of the Environmental Management Council's resolution. RESOLUTION # 104 - RESOLUTION ON RECREATION MASTER PLAN FOR FORESTS AND UNIQUE AREAS IN REGION 7 Cl Grantham offered the following resolution and asked for its adoption: 41 WHEREAS, the NYS Department of Environmental Conservation (NYS DEC) is charged with the responsibility of managing State forest lands, and WHEREAS, the integrity of the public lands is of great importance to all users and should be the prime objective of managing State forest lands, and WHEREAS, the Tompkins County Environmental Management Council has identified specific issues associated with multiple uses of the State forest lands, including hunting and fishing rights; animal control (specifically, leashing of dogs not engaged in legal hunting activities); wildlife protection (such as accidental or purposeful disturbance of wildlife by machines or other forms of usage); and noise considerations, therefore BE IT RESOLVED, that the Town of Dryden, together with the NYS DEC, will continue to work with current and future recreational user -groups to insure protection of, open access to, and sustained multiple -use of public lands and trails, and BE IT RESOLVED, that continued open access to and multiple -use of public lands and trails shall be maintained by the NYS DEC through the use of research -based management practices that will protect the land. These practices may include proper trail design, erosion control, signage; and some seasonal or temporary restrictions of trail use or access, and BE IT RESOLVED that the NYS DEC in conjunction with the Town of Dryden and the multiple users of the State forests, Hammond Hill in particular, will develop formal and regular opportunities for municipal and public input and participation in the management of the public lands, and is Page 16 of 28 TB 3 -8-00 BE IT RESOLVED that these recommendations be conveyed to the NYS Department of Environmental Conservation, Region 7, Cortland, New York for consideration in the development of a Recreation Master Plan for State forests in Region 71 2nd Cl T Hatfield Roll Call Vote Cl T Hatfield Yes Supv Varvayanis Yes Cl Grantham Yes Cl Grantham asked ZO Slater whether he had found out what had happened previously on the question of flag lots and he replied he had not yet. Cl Grantham - Would like to understand what the Town can and cannot do for non- profit private entities like fire departments and community centers. Atty Perkins - As a general rule a municipality may not lend its faith and credit nor make a gift of public funds or services to another entity. If you do something it has to be a quid pro quo. There has to be consideration and the value of that consideration has to approximate, in the opinion of the board, the value of what the Town is doing. For example, the Town cannot plow Neptune's parking lot, however as part of a fire contract with Neptune the Town could do that provided the value of those services equals some consideration to be given by Neptune. The same would be true with a community center or a private individual. Cl Grantham - This was brought up because the Bethel Grove Community Center which serves as a community center, but also serves as voting place, has received <t complaint from an elderly citizen who had difficulties getting in and out of the parking lot. Cl T Hatfield - I think that what I hear Mahlon saying is that if that's a good polling place that's a consideration for the Town and the public and if we want to make some improvement, maybe there's an exchange on some basis that makes that, in the board's opinion an even swap or consideration that we need. If they don't have the cash to afford the improvements, and they say they don't, we need to find some way to determine how we compensate the taxpayers for the use of services, material or labor that the Town expends. Atty Perkins - There would have to be a contract and the value of the services of Town performs would have to be determined and in exchange the Town has to receive something of comparable value. Cl T Hatfield - Like a long term lease for use of the facilities as a polling place. That could be a reasonable exchange. Cl Grantham - Polling place and occasional Town meeting place. Atty Perkins - As long as there's consideration that the board determines is fair for what the Town is doing and there's a contract, then you're okay. Cl Grantham - Cayuga Lake Watershed Intermunicipal Organization has been getting NYS Department of State money to function on. We are starting to try to get money for projects that municipalities want to do within the watershed and one of the problems we're facing is that we don't have any local money to go with it. So this $900.00 from the municipalities that belong to the IO is to start building the local match. This money will give us some leverage to apply for funding for a watershed wide project. It is being called dues and is to show local • commitment. Page 17 of 28 TB 3 -8-00 Cl T Hatfield feels the money should be targeted to a restrictive fund to be used as matching funds and Cl Grantham will check into that, but believes this advice was given by the Department of State. 40 RESOLUTION #105 - PAY $900 TO CAYUGA LAKE WATERSHED INTERMUNICIPAL ORGANIZATION Cl Grantham offered the following resolution and asked for its adoption: RESOLVED, that this Town Board authorize membership in the Cayuga Lake Watershed Intermunicipal Organization for the year 2000 in the amount of $900.00. 2nd Cl T Hatfield Roll Call Vote Cl T Hatfield Yes Supv Varvayanis Yes Cl Grantham Yes With respect to pre- approval of bulk mailing costs - Permits have been secured for 3rd class bulk mailing, return mail, and the postal indicia. The problem is that the post office must be paid for the mailing when it is taken to the window. This presents problems in timing and obtaining a voucher and check to coincide with the day of mailing. We would like to be able to mail the master plan surveys as soon as they are ready and not experience delays in waiting for a board meeting. __ RESOLUTION # 106 - AUTHORIZE BULK MAILING FEES Cl Grantham offered the following resolution and asked for its adoption: is RESOLVED, that this Town Board hereby authorizes the Supervisor to extend funds at the time of mailing of the survey for the Town of Dryden Master Plan in an amount not to exceed $5,000.00 for the mailing, and not to exceed $2,000.00 for the return mail. 2nd Cl Hatfield Roll Call Vote Cl T Hatfield Yes Supv Varvayanis Yes Cl Grantham Yes Cl T Hatfield - He and Deb have decided to wait until the next meeting to make appointments to the Town of Dryden Recreation Commission. There has been what he feels is an overwhelming response. They may give the left over resumes to the commission and recommend that they create subcommittees with these people. He wondered if this commission may want to take on the youth education program that Deb has _worked on in the past because this group may be able to get the students involved, boost attendance and make that program more viable. There is one opening on the Youth Commission, a Village position, and several of the applications we received are from residents of the Village of Dryden. They might be willing to serve on the Youth Commission and Recreation Commission. He and Deb will meet and go over the resumes. Deb has e- mailed the community centers and they may be interested in putting in applications. ATTORNEY Atty Perkins - They are about half way through the second proof reading of the zoning ordinance and hopes to have it for the Town to review in April. is Page 18 of 28 11: 11 • �' _ Clerk previously mailed a memo to board members in response to Cl Grantham's requested changes in the January 5, 2000 minutes. Changes were acceptable to board members and Cl Grantham asked that it be noted in these minutes that although it was not clear at the January 5 meeting, Cl Grantham had spoken with Barbara Caldwell about replacing her with Susan Ashdown and she had spoken with Charles Hanley about replacing him with Stu Berg. February 9, 2000 minutes, regarding the discussion of the definition of multiple residence, were amended to read "The Board agreed that a multiple residence should be defined and requested that Atty Perkins provide the appropriate language for the revision." On motion of Cl T Hatfield, and seconded by Cl Grantham, the minutes of January 5, 2000 and February 9, 2000 were unanimously approved. The Clerk requested permission to attend the New York State Town Clerk's Association Conference to be held April 30 through May 3, 2000 in Saratoga Springs, New York. RESOLUTION # 106 - AUTHORIZE CLERK TO ATTEND CONFERENCE Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the Town Clerk to attend the New York State Town Clerk's Association Conference to be held in Saratoga Springs, New York from April 30, 2000, and authorizes payment not to exceed $500.00 for registration and room fees, together with the appropriate mileage. 2nd Cl Grantham Roll Call Vote Cl T Hatfield Yes Supv Varvayanis Yes Cl Grantham Yes ENGINEERING D Putnam - Has met with the Fire Chiefs who are very much in favor of a training type facility at the proposed dry hydrant location. They will be able to do their own pump certifications there instead of sending them out. He will put some figures together and report back to the board at a later date. ZONING OFFICER ZO Slater - Mike Raffi of the Tompkins County Chapter of the American Red Cross has requested a resolution from the board regarding Project Impact. The steering committee has had some changes and a resolution needs to be made to address the change. The resolution needs to be amended to name the Town of Dryden Supervisor, Village of Dryden Mayor and Village of Freeville Mayor as Committee Chair, First Assistant Chair and Second Assistant Chair, respectively, so that the resolution does not need to be redone each time there is a change in political leadership. We also need to substitute Kate Hackett for the Tompkins County Planning Department, or current appropriate person. James Schug has requested assignment as the business community representative. No one in the business community has previously come forth to serve. A similar resolution will be adopted by the Villages of Dryden and Freeville. Cl T Hatfield noted that the present individuals work well together and suggested that Atty Perkins draw up a proposed resolution and share it with the Villages, using language that appoints people by position instead of using specific names. • Page 19 of 28 TB 3 -8 -00 ZO Slater noted that Project Impact has obtained $70,000 in grant money. Cl T Hatfield suggested that they look at obtaining a grant writer to assist in seeking additional funds. Cl Grantham noted that County Planning can provide grant writing services. 0 Board members have ZO Slater's report. Barbara Caldwell has written requesting $5,000 to continue the Master Plan work. This will cover having the survey collated and the responses recorded. This amount may be excessive since the request included mailing costs, which have now been separately provided for. RESOLUTION #108 - AUTHORIZE $5,000 FOR MASTER PLAN PROJECT Cl Grantham offered the following resolution and asked for its adoption: RESOLVED, that the Town Board hereby authorizes a sum not to exceed $5,000.00 to cover the expense of analyzing the responses to the Master Plan Survey. 2nd Supv Varvayanis Roll Call Vote Cl T Hatfield Yes Supv Varvayanis Yes Cl Grantham Yes ZO Slater shared with Board members the final form of the Master Plan survey. The goal is that all residential addresses will receive a survey, including each family in a multiple dwelling. ZO Slater attended a conference today for building officials where the topic was planning boards and will share the information received with our Planning Board. Five applications for special permits have been received for advertising billboards from Park Outdoor Advertising. They are in appropriate locations. ZO Slater has begun reviewing them and suggests that a separate time be set aside to review these applications rather than on a regular town board meeting night. He will notify the Supervisor when the review work has been done and a date can be set. ZO Slater reminded the Board that Mr. Ottenschot's May 1 deadline is approaching with respect to requirements for his material storage yard and will advise Mr.Ottenschot what is still lacking. They have continued to monitor the situation with his yard and will copy the board on any correspondence. He will strongly urge Mr. Ottenschot to complete the work and not request an additional extension. CITIZENS PRIVILEGE (continued) Larry Carpenter, works for the Town - Feels workers have been held in the dark with respect to the union matter. They are frustrated by the lack of information (with the exception of one letter). They have no idea what is going on. Feels the Town owes it to its employees to keep them abreast of the situation. Supv Varvayanis - What exactly do you want to know? L Carpenter - Are negotiations taking place? Supv Varvayanis - Yes, we are negotiating with the Union. 0 Page 20 of 28 1: 0 : 4 c L Carpenter - When is this process going to come to a head? It's been two years. • Cl T Hatfield - The Town has been prepared to negotiate practically from day one. We can't do unilateral negotiations. Because we are in negotiations we are unable to speak to issues with the labor laws written they way they are. It's a cumbersome process but its a legal process and I believe it will resolve itself in the next few months. We're moving forward and negotiations are well under way, but every meeting is not always fruitful. L Carpenter - There are two sets of workers over there. Some of us have been in the dark since before it started. There are those who have not even been asked to join the Union, who were told that we weren't needed. Cl T Hatfield - We can only listen. I think that's the reason we did communicate what we did when we did. We went to legal counsel, asked what it was we could say and how we could say it, and we forwarded it to each and every employee. Maybe it's time to revisit that issue if there's that type of lack of communication. L Carpenter - There's zero communication going on. Cl T Hatfield - We were not aware of that. We'll talk with counsel and maybe we can update our last communication. I appreciate you bringing it to our attention. Supv Varvayanis - Once we've entered negotiations I don't think we're supposed to talk directly to the workers. I think we have to go through the Union. Atty Perkins - It's part of the collective bargaining process. • Supv Varvayanis - I'd love to send out a letter or talk to you people directly and tell you exactly what I think is going on, but I don't want to get an unfair labor practice charge. Cl Grantham - Can we legally pass on Larry's request to get some information on to the Teamsters? Atty Perkins - Through the negotiating process. Cl T Hatfield - If Mark calls Joe maybe we can figure out how we can update the last letter because that was a communication that was prepared with all of those considerations having been taken into account. They deserve to know what's going on. J Bush - Is concerned that if it comes through the Union that it gets to every one of those employees, not just the ones that are in favor of it. Cl T Hatfield - I share your concern. Everybody works for the Town and is entitled to know what is going. Supv Varvayanis - I know you're probably not satisfied with our answer, but is there anything else? L Carpenter - I know I'm up against a wall, but I think that you people should know that that is a very unhealthy situation over there, very, and I've already talked to the higher ups. It's been going on way too long with nothing happening and zero communications. J Bush - What rights do the employees have who don't want to be part of it? Where would they find that out? What can they do? Page 21 of 28 TB 3 -8-00 Cl Grantham - They can go the Union. They have a legal right to do that. Cl T Hatfield - Public Employee Relations Board would be the other source. They ultimately govern the process. J Bush - I think if I was not in favor of the Union, I certainly would not feel very comfortable going and talking to the Union to find out answers. Cl T Hatfield - I think the in- that's why PERB is there. It's a provided service and they govern and serve as mediators in these matters. They are supposedly neither pro nor con. L Carpenter - That's what they said, they were neutral. Cl T Hatfield - You don't believe that. L Carpenter - I've already had a talk with the judge. She gave me her speech and I gave her mine. Unfortunately, she had to agree with mine. There will be no satisfaction until the contract is in place. It's a drawn out process, it's way too long. DEPARTMENT OF PUBLIC WORKS J Bush - Distributed a letter to the Board. He began the process of obtaining two pickups on state bid, but missed the deadline, so went ahead with the bid process previously authorized by the board. Specifications were sent to eight local dealerships and two responded with sealed bids: Cortland Chrysler at $24,068 and Cutting Motors with one in -stock truck at $23,188 and one to be ordered at $23,154. He would like to take the in -stock truck from Cutting and proceed with the order for the second. Both trucks are below the amount budgeted for last year. Atty Perkins was involved in the bid process, checking the specifications and the advertisement, and reviewing the bids received, including the non- collusive bidding certificate and waiver of unity clause. RESOLUTION # 109 - ACCEPT LOW BID FOR 2 PICKUP TRUCKS Cl T Hatfield offered the following resolution and asked for its adoption: WHEREAS, the Highway Superintendent has completed the necessary bid process for the purchase of two pick up trucks, and WHEREAS, bids were received from Cortland Chrysler in the amount of $24,068 and from Cutting Motors in the amount of $23,188 for an in -stock truck and $23,154 for a truck to be ordered, NOW THEREFORE BE IT RESOLVED, that this Town Board hereby authorizes the purchase of two 2000 pick up trucks in the amount of $23,188 and $23,154 from Cutting Motors. 2nd Supv Varvayanis Roll Call Vote Cl T Hatfield Yes Supv Varvayanis Yes Cl Grantham Yes J Bush - Would like permission to sell the 1997 Chevrolet Pickup truck when the in- stock truck is delivered and the 1988 Dodge pickup truck when the ordered truck is delivered. is Page 22 of 28 TB 3 -8 -00 L Carpenter - Suggested that a picture of the truck and an ad be placed in The Shopper • because people don't always read the legal ads. The appropriate legal ads will be placed, together with an ad in The Shopper, and the trucks will be placed by the road with a for sale sign. RESOLUTION #110 - AUTHORIZE SALE OF 1997 CHEVY PICKUP AND 1988 DODGE PICKUP Supv Varvayanis offered the following resolution and asked for its adoption: RESOLVED, that the Highway Superintendent is hereby authorized to sell the 1997 Chevrolet Pickup Truck and 1988 Dodge Pickup Truck by placing the appropriate legal ads, placing an ad in The Shopper, and putting a sign on the trucks at the roadside, said sale to be to the highest bidder. 2nd Cl Grantham Roll Call Vote Cl T Hatfield Yes Supv Varvayanis Yes Cl Grantham Yes J Bush - Would like to advertise for bids for a new loader. It will replace the 1986 Cat 966 loader. This was provided for in the budget. He would like to downsize the loader two to three sizes. He would like to use the old loader as a trade in, providing it works out better monetarily for the Town. RESOLUTION #I I I - ADVERTISE FOR BIDS FOR NEW LOADER 40 Supv Varvayanis offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the Highway Superintendent to initiate the bid process for a new loader and to use the old loader as a trade in at his discretion. 2nd Cl T Hatfield Roll Call Vote Cl T Hatfield Yes Supv Varvayanis Yes Cl Grantham Yes J Bush - Asked Supervisor to sign the Snow and Ice Agreement so that the Town can get paid by the County. In the past we had a three -year contract which expired at the end of December. In February he received a proposed agreement from Ward Hungeif'ord, Highway Manager for the County. Atty Perkins has reviewed it and rewritten it to reflect actual practice and so that it conforms to the actual provisions of the Highway Law. It is now a one -year agreement and if the County wants to renew it on the same terms they would need to do that in fall. Then the Board would only have to pass a resolution agreeing to it because the form of the contract would already be done and unless there are changes there is no reason to rewrite it every year. J Bush - We are using an approach where we are keeping track of time (labor), equipment and materials costs. We've been entering that data in the computer and are at the point where we can begin generating those reports. Page 23 of 28 TB 3 -8 -00 Cl T Hatfield - Feels this is good in light of the rising costs of fuel and gives flexibility in dealing with the issues. 0 RESOLUTION # 112 - AUTHORIZE SUPERVISOR TO SIGN SNOW AND ICE AGREEMENT WITH TOMPKINS COUNTY Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the Supervisor to sign a Snow and Ice Agreement with Tompkins, said agreement to be reviewed in the fall of 2000. 2nd Cl Grantham Roll Call Vote Cl T Hatfield Yes Supv Varvayanis Yes Cl Grantham Yes J Bush - With respect to Quarry Road, the recent thaw and rain caused water to come down the right side of the road and went over the driveway at the quarry. The water ran along the shoulder causing a lot of erosion. Mr. Dolph has not responded to Jack's letter of last Fall. There is a pipe in the driveway, but it is way undersized. He was unable to reach Mr. Dolph and left a message with the secretary. Jack dug the driveway out. Jack will write Mr. Dolph a letter stating that he needs a larger pipe in the driveway. Cl Grantham - noted that the erosion was a direct result of his driveway as there is no erosion above it. On the other side of the road, the water is coming off of his site. Cl T Hatfield - The Highway Superintendent has the authority to protect a Town road so what he has done in terms of action is well founded. Atty Perkins agrees. 41 J Bush - Has driveway issues for example on Thomas Road, where water comes down the driveways and the pavement is potholing because of the water. Something needs to be done there. He will attempt to discuss the problems with the property owners. Cl T Hatfield - If we take action to protect a Town asset, do we bill for it? Atty Perkins - Is not sure about that question unless you've got some underlying authority found in Town Law, Highway Law, or a local law. It seems Jack is describing a number of situations where damage to Town property is occurring because of water coming off private property. Obviously you have to allow for water to come off private property into the appropriate ditches, but it seems that's.where the obligation of the Town to accept that water ends. It is the responsibility of the property owner to make sure that where the water comes off something they've constructed, for example a drive, that it doesn't damage Town property. We can take a look at that issue more carefully if Jack can give me an idea of exactly what his concerns are. Cl T Hatfield - Maybe we should look at a local law or local authority. Cl Grantham - Thinks one way is let people. know that there's this problem and ask them to come to a neighborhood meeting. Point out the problem and let them know that they have a certain amount of responsibility for it. Most people probably don't understand that once they have a driveway and a culvert that they are responsible for keeping that culvert clear. You need to tell them that first and suggest a course of action for them to take and give them a chance to do it. You could make some engineering suggestions about grates at the end of the driveways to avoid the water running into the road. Page 24 of 28 TB 3 -8 -00 Cl T Hatfield - believes this is a good way to proceed. You then have the public information and the authority you need to do the work if they don't, and then be able to bill it back to them because it is their responsibility. We can do a local law if we decided it's required. Suggested information could be distributed by a press release. ZO Slater - With respect to Hamilton Allport, the anticipated transaction and sale of the business did not occur, therefore his previous special permit is still in force. Board members had no questions with respect to the vouchers. RESOLUTION # 113 - APPROVE ABSTRACT # 103 Cl Grantham offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves Abstract # 103, as audited, Vouchers #142 through #213, totalling $91,026.51. 2nd Cl T Hatfield Roll Call Vote Cl T Hatfield Yes Supv Varvayanis Yes Cl Grantham Yes RESOLUTION # 114 - AUTHORIZE TRANSFER OF FUNDS Cl Grantham offered the following resolution and asked for its adoption: RESOLVED, that this Town Board authorize the transfer of $5,000 from General Fund B unexpended fund balance to B 8020.452 to cover additional costs of the Town Master Plan. 2nd Cl T Hatfield Roll Call Vote Cl T Hatfield Yes Supv Varvayanis Yes Cl Grantham Yes RESOLUTION # 115 - AUTHORIZE TRANSFER OF FUNDS Cl Grantham offered the following resolution and asked for its adoption: RESOLVED, that this Town Board authorize the transfer of $1,000 from B1990.421 (contingency) and $400.00 from General B unexpended fund balance B8010.455 for additional engineering expenses (Varna II scoping document) authorized by the Board. 2nd Cl T Hatfield Roll Call Vote Cl T Hatfield Yes Supv Varvayanis Yes Cl Grantham Yes Cl T Hatfield - asked Atty Perkins what happens next with respect to the scoping document (Lucente Varna II project), is there a time frame? Atty Perkins - He can submit his draft environmental impact statement whenever he has it ready, then the time frames begins for the Town to determine whether or not its adequate. isCl Grantham - He doesn't have a limit for when he submits the draft? Page 25 of 28 TB 3 -8 -00 Cl T Hatfield - The limit is placed on the reviewing agency. Supv Varvayanis - I assume he wants to move ahead. Cl T Hatfield - If it was returned to the Town tomorrow, we have how many days? Atty Perkins - I think we have 45 days to give him a determination, and if its not I think he has 30 days every time he resubmits it. Mike Lane - Inquired if the Town had heard anything with respect to a time table for the repairs to the dam spillway. Supv Varvayanis - Has not heard anything with respect to that. Cl T Hatfield would like Supv Varvayanis and Mike Lane to get a meeting scheduled regarding the E911 site on Hanshaw Road, Cl Grantham would like to attend also. More than two board members presents requires an open meeting. Mike Lane - Suggested that it was contract negotiations, and not required to be an open meeting. It seems that if we are going to negotiate between municipalities and are still negotiating a contract... Atty Perkins - But if you are going to have three members there you've got a meeting of the body. That's why it's usually done by committee. Cl T Hatfield - I thought Mark and I were going to be a committee and report to the board. 0 Cl Grantham - I asked to be involved. Robin Seeley - suggested it should be an open meeting. Cl T Hatfield - When you are conducting negotiations and there is give and take at the table it's usually done in terms of negotiations... shared. Robin Seeley - There will be more than negotiations there. There'll be information M Lane - Whatever the Town decides. Cl T Hatfield - If we have the full town board, a committee of the whole, can we move to executive session? If we can't I don't care. Atty Perkins - If it involves the proposed acquisition, sale or lease of real property, but only when publicity would substantially affect the value of it. Cl T Hatfield - Youll have parties at the table who may be willing to negotiate terms that may be beneficial to this district, then we would not want that information generally broadcast to other parties. There are in my opinion substantial reasons there to have those types of negotiations and discussions held in executive session. It's not for the purpose of excluding the public. It's for the purpose of creating a benefit for the public. When you're done you can release it. You are not going to have a meaningful negotiating session unless you have the opportunity to let everybody sit at the table and have a good old fashioned negotiating session. That's why we don't do union negotiations in public. I understand what you are saying, but Page 26 of 28 TB 3 -8 -00 this is a negotiating session, not an exchange of information. It's dollars and cents, other economic issues that are going to be put on the table. If we are going to get this thing to a point where we can bring something back to the residents of the district for them to consider and for the County and the State and the other parties to know where they're at here, then we need to get through whatever the issues are, the economic issues. That would be what I propose that we do. We got to get the numbers on the table, and get the parties to the table on a negotiating basis. Then you let the engineers go back to work and well know where we're at. Then its up to the residents of the district whether they want to approve it or not. It's not up to us or the County or the State or anybody else. They can't force the residents to approve or disapprove. It's their decision, not ours. Right now we're at an impasse and nothing's going on. J Bush - Speaking as a citizen, that's why I voted for you people - -to represent me in situations like that. Cl T Hatfield - I really don't care, like Mike said, the more the merrier. But we've got to be in a position to do some negotiating. Atty Perkins - You'll have three members. It's a public meeting unless you adjourn to executive session. Cl T Hatfield - And can we close it as I just laid it out? Atty Perkins - No. Not unless you feel the value of the land is going to be materially affect by it. It's already out in the open. Everybody knows who the landowner is. Somebody is not going to buy it on speculation because this discussion is taking place. I don't see how you... 0 Supv Varvayanis - Cornell hasn't had it for sale to anyone but the County. Cl T Hatfield - My thinking is that Cornell is the party that has the ability to make or break this deal. And they may or may not be willing to do that depending on how much of that information is soon to become public information. Therefore I think it does affect the value of the real estate and it does affect the value of the potential district to the residents. So I would argue that it does have a ... Atty Perkins - You could make that argument and then make a motion to close it to executive session and it would have to be carried by a majority vote. The definition of meeting is pretty broad and you are going to be conducting public business and have the power to make a decision with three of you there. Supv Varvayanis - Three members is acceptable. Cl Grantham - Believes the people on Hanshaw Road are asking that these discussions and the information be public. Cl T Hatfield - It will be public when we have a map, plan and report. Cl Grantham - I think they're asking that the discussions that lead up to a report be public. Cl T Hatfield does not believe they were asking for that, but for an opportunity to review the completed map, plan and report that makes some sense. If we are not going to have the opportunity to sit down and have a committee do this negotiation, then we might as well forget it. It's not going to work. The only way to get through some of the situations that we have here based on what I heard tonight, is to get people to the table where they can iron out the Page 27 of 28 1 TB 3 -&00 differences that have been created through whatever mechanisms, most of it probably miscommunication. That's not going to happen unless we have a committee or we go to executive session. 0 Supv Varvayanis (to Mike Lane) - Do you feel the County would be willing to discuss this openly? Mike Lane - I can't speak for the County, but will be glad to take this conversation back to them. Supv Varvayanis - Why don't we find out what people feel like they can talk about openly. Cl T Hatfield - And don't forget to talk to Cornell. If everyone else is willing to do it, I don't really care. My sense and what little experience I have in negotiation tells me that we have issues we need to get to the table and discuss and I don't think that's going to happen in a public forum. See what everybody wants to do and let us know. Supv Varvayanis - Okay. On motion made, seconded and unanimously carried the meeting was adjourned at 11:00 p.m. Respectfully submitted, 414P"t �� C Bambi L. Hollenbeck Town Clerk Page 28 of 28 t Name - {Please Print} Town of Dryden Regular Town Board Meeting March 8, 2000 (99- ) CQ 4-4ut 56, 0 5 I� Address 3 , tow er C•�e12