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Home My WebLink About2000-12- 6TB 12 -6 -00 TOWN OF DRYDEN TOWN BOARD MEETING December 6, 2000 Board Members Present: Supv Mark Varvayanis, Cl Ronald Beck, Cl Thomas Hatfield, Cl Charles Hatfield, Cl Deborah Grantham Other Elected Officials: Bambi L. Hollenbeck, Town Clerk Jack Bush, Highway Superintendent Other Town Staff: Mahlon R. Perkins, Town Attorney David Putnam (TG Miller), Town Engineer Henry Slater, Zoning & Code Enforcement Officer PUBLIC HEARING SITE PLAN REVIEW MODIFICATION WILCOX BUILDING SPECIALTIES, INC. 27 Royal Road Supv Varvayanis opened the public hearing at 7:08 p.m. and Town Clerk read the public notice published in The Ithaca Journal on November 15, 2000, Gene Wilcox explained that they would like to add office space in the front of the building and add warehouse space to the rear of the building and pointed those areas out on so the plan provided. Supv Varvayanis read the letter received from Tompkins County Planning (contained in project file). They note there is a wetland on the southeast side of the site and that care should be taken regarding runoff into the wetlands. Cl Grantham asked what construction materials would be stored and Mr. Wilcox explained that they are involved with specialty items such as toilet partitions, toilet room accessories, chalk boards, and fire extinguisher cabinets. Applicant installs those items and Cl Grantham asked if they stored such things as chemical adhesives. Mr. Wilcox said they did not. The wetland referred to by the County Planning Department is across the road from Guthrie Clinic, several hundred feet to 1,000 feet from the site. Dave Putnam stated that whatever runoff increase there is would be additional roof runoff. It is a very, very big watershed and he thinks if they take care of sedimentation controls during construction, once they get grass established things will be fine. Cl Beck asked if they did painting, refinishing, or anything like that and Mr. Wilcox stated they did not other than some touch -up paint work. Cl Beck asked whether the lighting would change. Mr. Wilcox stated they would move one exterior light to the back of the building, the current warehouse part of the_ building, for security lighting. Cl T Hatfield asked whether parking would be sufficient and ZO Slater stated that a warehouse business is based on the number of employees and they have a substantial parking area. He also stated that the applicant needs the additional space as they currently have to 10 store material outside. Page 1 of 33 TB 12-6 -00 ZO Slater stated the project is SEQR exempt under §617.5(c)(7), commercial construction of less than 4,000 square feet to an existing facility. AM Gene Wilcox - Our business is construction specialties which is architectural specifications sections three through ten, chalkboards, toilet partitions, toilet accessories, lockers, cabinets, and folding petitions. What I'd like to do is add on to our existing facility. Guthrie Clinic is in this area (indicating position on map). I'd like to add a 16 foot extension on to the existing office section and a 21 foot addition to the back of the warehouse. Supv Varvayanis asked if there were any other questions from the board or audience and there were none. Hearing was left open. PUBLIC HEARING UNITED ASPHALT, INC. SPECIAL PERMIT APPLICATION 234 Johnson Road Supv Varvayanis opened the public hearing at 7:18 p.m. and Town Clerk read the public notice published in The Ithaca Journal on December 1, 2000. Supv Varvayanis read the letter received from Tompkins County Planning (contained in project file). Unrelated to their review, the County notes that the applicant has supplied no information concerning the exact nature of the operation at the proposed facility, nor the specific chemicals or substances to be used and that the chemicals and substances used in the maintenance and cleaning of asphalt trucks pose a potential risk to the integrity of soil, water and wetlands at the site. They also note that landscaping should be provided to enhance aesthetics. Dan Crispell (applicant) - We will not be washing trucks there and we do not use any chemicals. It is just a truck depot where we maintain equipment and have our offices. All of our equipment washing is not done at our shop now, and therefore will not be later. We don't store any salt there, and that's the only chemical we use. Supv Varvayanis - So you wouldn't store any asphalt there? Dan Crispell - No. All of our asphalt comes straight from the blacktop plant and goes right straight to the job site. You could compare it to the same as Mix Brothers. Cl Grantham asked if motor oil and such would be used in the maintenance of the trucks. D Crispell replied they would use motor oil and grease and Cl Grantham asked if there were plans to contain those. D Crispell stated that all used motor oil is stored in tanks and hauled away. The maintenance will be done indoors and most of the equipment will be parked inside. Some vehicles will be parked outside in the summer time, but there is room enough in the building to put everything inside. Joyce Gerbasi asked what plans they had to contain spillage. Mr. Crispell stated if there was spillage it would mostly likely someone dripping oil from an oil filter onto the floor and they would use "Speedy Dry" to clean it up and dispose of it. Cl C Hatfield asked Mr. Crispell to explain the size of his operation and the number of trucks. Mr. Crispell stated that right now they have 12 employees and in the summer they have 18 or 19 and some temporary that goes right straight to the job sites that could be another 8 or 10. They have 8 big trucks and the rest are pickups. The people that will be at the building on a regular basis are the mechanics who maintain the equipment and the office staff. That is where they will do all their estimating and all office staff will be housed there. _ Page 2 of 33 TB 12-"0 Cal Collins of Spring Run Road stated that he is concerned about the number of trucks • and the traffic getting across Johnson Road from Yellow Barn and vice versa. It is almost impossible now. He wonders if there will be a red light put on the corner or how that will be accommodated. D Crispell stated that most trucks leave at 6:00 or 6:30 a.m. and return around 5:00 or 5:30 p.m. It was noted that Mix Brothers also has truck traffic in the area and the Town gravel pit is located on Johnson Road. Cl Beck said the Part B of the Environmental Impact Statement indicates the number of vehicular trips generated was listed as ten and he wonders if that is right. D Crispell said that the office will come in and be there all day. There will not be material coming in and out as they do very little stockpiling. There are 8 office staff and a driver for each truck plus the mechanic, so there would be 25 -30 coming and going per day total, not every hour. Ray Scott, employee of United Asphalt, explained that typically employees go directly to the job sites. A lot of the pickup traffic will not be going to Johnson Road in the morning. The heavy equipment is moved from job site to job site. Robin Seeley wondered if the asphalt trucks get washed and D Crispell stated they are washed at truck washes. ZO Slater asked if the applicant intended to have a fuel tank storage at the site and D Crispell stated they do not plan on it presently as they cannot justify having that large quantity of fuel and the expense of purchasing and installing the tanks. If he does decide to do that in the future he will go by Health Department rules and have it engineered. ZO Slater stated that the General Conditions of Approval item #3 would cover that if it were to happen down the road, and he would have to be in conformance with all agency regulations and requirements. There is a good example of one that works at Mix's up the road. Robert Cox asked if they would be using 2 way radios, and D Crispell said that they use cell phones. Supv Varvayanis closed the Wilcox and United Asphalt public hearings at 7:32 p.m. and moved into the Town Board meeting. Dave Putnam has written a letter suggesting that the Wilcox Building Specialties, Inc. approval be exempt from Standard Condition #7. ZO Slater stated that there is a buffer in place as prescribed in the 1988 special permit approval that is adjacent to the RB 1 Zone to the south. RESOLUTION #268 - MODIFY WILCOX BUILDING SPECIALTIES, INC. SPECIAL PERMIT Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the application of Wilcox Building Specialties, Inc. to modify their 1988 Special Permit by a 1712 square foot expansion of their building at 27 Royal Road, subject to the Standard Conditions of Approval (7- 12 -00), excepting number 7. 2nd Cl Beck Roll Call Vote Cl Beck Yes C1 T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Page 3 of 33 M: 9 WISIR Cl Grantham Yes Supv Varvayanis read a letter received from the Town Engineer regarding the application of United Asphalt (contained in file). Board reviewed the Full Environmental Assessment Form submitted in connection the United Asphalt application. The following changes were made: Part A(18) changed to Yes, Ag. District #2; Part B(1)(g) changed to 50 trips per day; B(14) marked no; B916)(b) changed to yes; B(25) Other Local Agencies changed to Yes, 239 1 and m, County Planning Department. (Original form contained in file.) Cl Grantham asked ZO Slater to explain which category this fell under in considering a special permit for the RC Zone. He replied it was either a commercial garage or storage yard by definition, a building used for storage of vehicles and /or equipment. That was the way Mix Brothers were treated for their special permit. A general business office would be a permitted use in any event. Cl Beck asked how the disposal of oil, antifreeze and other fluids should be handled. ZO Slater stated that fell under the condition that the applicant comply with other agency requirements. DEC requires that it be disposed of by a licensed hauler. RESOLUTION #269 - SEQR NEGATIVE DECLARATION - UNITED ASPHALT, INC. Cl Grantham offered the following resolution and asked for its adoption: RESOLVED, that this Town Board issue a negative declaration based on the SEQR review for the special permit application of United Asphalt, Inc. to establish a general business office and truck depot at 234 Johnson Road. This is an unlisted action and the Town of Dryden is the lead agency in uncoordinated review. The Supervisor is authorized to sign all necessary documents. Cl C Hatfield Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes Dave Putnam advised the board approval of this special permit should contain a condition for a stormwater management plan to address the first flush runoff. Supv Varvayanis asked whether the board should consider screening and ZO Slater stated he did not feel there was any need for it in that location. ZO Slater suggested that the applicant be limited to storage of stone materials, not asphalt. After discussion with applicant, it was decided that hours of operation should be 6:00 a.m. to 9:00 p.m. Monday through Saturday, (mechanic until 11:00 p.m.) and other times as necessary in connection with snow removal. RESOLUTION #270 - APPROVE UNITED ASPHALT, INC. SPECIAL PERMIT Cl T Hatfield offered the following resolution and asked for its adoption: Page 4 of 33 40 TB 12-"0 RESOLVED, that this Town Board hereby approves the special permit application of United Asphalt, Inc. to establish a general business office and truck depot at 234 Johnson Road subject to the following: 1. Standard Conditions of Approval, except #7; 2. Town Engineer's approval of a stormwater management plan which addresses first flush runoff; 3. Material storage limited to stone, not asphalt; 4. Hours of operation shall be 6:00 a.m. to 9:00 p.m., Monday through Saturday (mechanic until 11:00 p.m.), and other times as necessary in connection with snow removal. 2nd Cl Grantham Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes PUBLIC HEARING ITHACA PRODUCE CO. INC. SPECIAL PERMIT MODIFICATION 2025 Dryden Road Supv Varvayanis opened the public hearing at 8:00 p.m. Town Clerk read the legal notice published in The Ithaca Journal on December 1, 2000. Brent Maynard for Ithaca Produce - We are seeking, as you stated a change in our special permit to operate our business from 9:00 pm until 5:00 pm, six days a week, Monday through Saturday. This is an adjustment to our 1988 Special Permit. Quite simply, our business has grown to the point where we now load our trucks in the evening and because of that we had to expand our hours. As you know we have been operating outside of our special permit restrictions up to this time. We were aware of this, but failed to address this issue as we intend to make the necessary changes in connection with our final approval on our new building plans. I'm not sure if at this point I should speak to some of the issues that have been brought up by our neighbors, or should I simply state what we are trying to do here? Supv Varvayanis - I guess state what you are trying to do and the issues of the neighbors will be talked about. B Maynard - The needs of our business require us to begin loading our trucks in the evening. Our destinations for delivery, our earliest deliveries start at 5:00 or 6:00 a.m. in places as far away as Rochester, New York, Buffalo, Alfred, Norwich, Binghamton, Scranton, as well as in our local area. Obviously our past operating procedures of beginning to load our trucks at three or four in the morning will not work if we have to be someplace at 6:00 a.m. That would mean we'd have to leave at 2, 3, or 4 in the morning and load the trucks beginning at an earlier hour in the day. Our service area which I've touched on, west to Buffalo, north to Watertown, Oswego, east to Oneonta and south to Scranton, Pennsylvania, has grown in the past year. We service 500 to 600 customers and they range anywhere from our local school districts which we deliver milk and produce, to secondary elementary school, as well as restaurants, institutions that have in -house feeders such as Borg Warner, Axhiom, colleges and universities across New York State, Cornell University, Statler Hotel, Monroe Community College, Alfred University, and a number of other colleges, Onondaga Community College, and the power plants in Oswego. So we service a wide variety of customers, but simply our customer base has grown to the point where we need to load our trucks at an earlier hour. So Page 5 of 33 TB 12 -6-00 we are seeking to have an official permit restriction of new operating hours, for 20 hours a day from 9:00 p.m. until 5:00 p.m., six days a week. Do you have any questions? 0 Cl Grantham - Why do you have to load your trucks at night? I don't understand that. B Maynard - Our trucks vary from 16' to 22'. Those trucks leave full and we will typically put approximately, on the average about 30 stops on a truck. We are required to deliver, say, at Alfred University at 6:00 a.m. We have to begin the picking and loading process much earlier if our truck leaves at 4:00 a.m. (Two hours to get to Alfred.) On the busiest night we load 9 or 10 trucks, so we must begin early in order to get all those loaded and ready to go when our drivers, between 4:00 and 7:00 a.m., to leave. Trucks need to loaded, bills need to be printed, and we hand them out to the driver and off they go. We have a night crew of five people who load trucks all night long. ZO Slater - Does this have anything to do with produce being a perishable item that couldn't be loaded the day before? B Maynard - The nature of the business is such we are dealing with schools, restaurants, caterers. All of these businesses that we serve, their business varies. Our business goes as their business goes. A caterer may get a call at three o'clock in the afternoon for a special party the next day and we may not get the order until 4:00. We have to react to that. Produce being a perishable commodity, yes, we do have to source that on a daily basis. We also deliver a lot more than just produce. A big part of our business is fresh dairy. I mentioned we service all of the schools in the local area, in the TST BOCES, district with all of their fluid milk for the kids at school, Dryden School, Groton, Trumansburg, Newfield, and a number of other districts outside of Tompkins County. We also sell and deliver a wide variety of fresh meats including chicken and beef, dry goods, frozen goods. So our name is a little -10 deceiving at this point. As our company has grown through the years, we've taken on a lot more lines and it simply requires to do the job right and to deliver our customers the products that they need and order from us, it takes some planning. It's something that we need to plan ahead for. At 8:00 a.m. we're done for today; we're planning for tomorrow. And it's simply not something that we can do anymore by beginning at three or four in the morning and loading trucks and effectively getting them to our customers. Cl Grantham - Do you load trucks during the day? B Maynard our customers in tl has very little on it. or if they run short evening. .Wedo have c ie Ithaca area It's a service of something, one truck that we load during the day as an extra service to and that's generally a very small truck which comparatively that we offer our local customers in case they forget to order But 90% of our product that goes out is loaded in the Cl Beck - What time do your trucks typically return from the days deliveries? B Maynard - Depending on the time of year, anywhere from 10:00 am. until 4:00 p.m. with the out of town routes being the later routes. Supv Varvayanis - Help me with the timeline a little more. You said a caterer gets a call at three and he calls you at four. Do you then order your produce at 4:00, or do you just sell what you've got in stock? B Maynard - Generally, depending, on our accessibility and the day, sometimes we can source a product quickly. Other times maybe it takes a day or longer. We also have trucks as I mentioned who are in other areas like Scranton or Rochester or Binghamton. We have relationships with other vendors in those areas that if we have a truck out and we get a call, we Page 6 of 33 TB 12 -6 -00 have a truck swing in and buy whatever we may need and bring back to the warehouse. Like I • said a lot of it is planning and a portion of it is spur of the moment type things. We do keep a stocked inventory with all of our items which varies with time of year and time of the week. Supv Varvayanis - I'm still a little confused on why it would be impossible to start loading at say 5 or 6 p.m. and finish by 9 p.m. R Cutia - A lot of our orders are customer - driven. They put their orders in to us at a specific time of the day. We cut off orders at about 5:00 p.m. Physically loading ten vehicles a shift, it takes us that amount of time to get them loaded. There's 2200 items that we stock and it takes a long time to get them all picked and loaded. Cl Grantham - So these trucks are refrigerated and the reason that they idle all night is to keep the produce that you've loaded into them cool? Is that right? So can't they be hooked up to an external power source instead of idling the truck? Leave the truck off and... B Maynard - The truck doesn't run. R Cutia - The refer unit is a separate engine that cycles. It brings the temperature down and shuts off. There is a four degree variance high or low between where you set it. It takes it 4 degrees below, and then it'll go up 8 degrees. I don't know exactly what the cycle time is on those, but the possibility is that with that amount of vehicles, there could be one running all the time. They are a 3 cylinder diesel engine. They aren't a great big truck engine. However, we've looked into the options of electrical power. We've currently ordered three new trucks. I told Mr. Cox about the option of putting electrical units on those three. 41 Unfortunately, those units are sitting in Binghamton without the electrical option on them. Our only option would be to try to put one on. I asked if it was feasible and he said basically we'd have to have a new unit. Whether or not they'd take it back or we'd have to pay for it. We've also looked into different mufflers than the stock muffler that comes on it. I've got a phone call in to them right now. Brent has been speaking with a company out of Syracuse ( Oschex). They have some kind of a blanket that they put over the top. The diesel engines are open to the air and they have some kind of an insulated blanket that would go over the top and help muffle the engine noise. Those are the things we've looked into as far as quieting down the diesel noise from the refer units. Also Oschex did some decibel studies using different positions in the parking lot. Farther out toward Mr. Cox's house where we were parking earlier in the summer and then back closer to the building where we moved them after we heard from Mr. Cox. I don't know if we have a decibel level that we're working with here that would be allowable. They mentioned to us that different towns, like Syracuse have specific levels that they would and would not allow. (Mr. Cutia shared information provided by Oschex with the Board comparing issues that they've had in other communities and a preliminary quote for a full blown sound study.) Cl Beck - Do you have any estimate of how effective these blanket type mufflers will be? If it would be a 20% reduction or 50% reduction in noise. B Maynard - There are a number of different materials that we talked about and quite honestly, we've met with them once, I've talked on the phone once. There is a number of different materials they can use and they've done similar things with other companies. I believe he did tell me, but I don't know the exact figure. He did state that it would be a significant reduction. Incidentally there are only a few months of the year where these units really run on a regular basis. For example this time of year, I don't even think they're turning them on. When it gets real cold they do cycle a little bit to actually keep it warmer, but at this time we're not even running the units at night. Page 7 of 33 TB 12 -6 -00 Supv Varvayanis - Unfortunately summer is when people have their bedroom windows open. B Maynard - That's correct. We have taken, as Rich mentioned, some other changes in just simply the way we park our trucks, which based on this here shows a 12 1/2% reduction in sound. Just simply by moving the trucks to a different location. Atty Perkins - Are the refer units running while the trucks are being loaded, or only after they're loaded? B Maynard - Only after they're loaded. Atty Perkins - What would prevent you from once they're loaded taking them to another location and letting them idle there? open? Cl T Hatfield - Another location where there aren't any folks around with their windows Atty Perkins - You could rent space from United Asphalt. Cl T Hatfield - There are other spots that aren't too far away that are set up to handle trucks once they're loaded that have security lights. R Cutia - If everybody just puts another penny in their kid's lunchbox for their milk, we can do that. Cl T Hatfield - It might be a better alternative than having to refigure your entire business, right now, until you get your expansion done and get some of these. That thing provides a quote for some work that can be done and they make it very clear there are ways to mitigate the noise. At least that's how I read this. It's not a problem that can't be solved. If the hours are critical to your operation, and it sounds like they are, I think this is one of those growing pains that's going to have to be addressed, because these folks out here want to be able to sleep at night. And I think they're entitled to that. B Maynard - We don't disagree with you. Cl T Hatfield - I know you don't. I'm trying to hear both sides of this. There are alternatives, either on -site mitigation of the sound if that's the best alternative, or some off -site once you get them loaded. They aren't that far away and probably wouldn't be that expensive. Carl Stelick - I live across the road and there's more noise from Route 13 than there is from them guys. Why isn't there complaints about Route 13? Joan Cox - For one thing the trucks go by; they don't stop and run. C Stelick - They also let off and you hear the jake brake. J Cox - They do across the road too. C Stelick - 13 has got to be taken care of before you knock these guys down. I've lived there just as long as you have. Sun Ho Porter - What do you care? You're moving. Your house is sold. Page 8 of 33 TB 12 -6 -00 Supv Varvayanis - Let's not start.... S Porter - I'm saying your house is sold. You're moving. Supv Varvayanis - Excuse me. We're kind of getting off the track here. C Stelick - Anybody can come to my place and talk to me and watch the trucks go by and you have to be quiet. When these guys are over there loading you can continue to talk. Bob Cox - How about sleeping? C Stelick - I sleep very well. B Cox - You're lucky. We have to open our windows in the summer. I would like to give a little presentation. B Maynard - I'd like to finish then you can have the floor. Cl Beck - In one of the things I read here, you talk about building a fence. Could you elaborate on that? That probably would be pretty effective in my estimation. B Maynard - As that shows we just got the permit for the fence today. We have been standing ready to build the fence, but had to go through proper channels to get the permit. That's in position today, and that's the communication from the fence company who is building an 8' high fence 75' long on our property line, between us and Mrs. Porter. We believe that's going to mitigate many of the sound problems with her. This will be done as weather permits. Speaking to issue of trucks and jake brakes, I live on Ferguson Road between Yellow Barn and Irish Settlement and I hear trucks and traffic on Route 13 at my house all the time. I hear the jake brakes. They come up over the hill at the cemetery and there's the Yellow Barn intersection and they start to come down the hill and they let off the gas and the jake brake flips on. I hear that at my house and I know that Mr. Cox hears that at his house. I just want to make sure that we don't confuse our trucks and someone else's trucks that's passing through. Because there seems to be an issue as to where the noise actually comes from. I'm not saying that we don't emit noise, but we need to make sure that the noise that we're talking about is our noise versus other trailer noise. Supv Varvayanis - Can I jump in with a proposal and see if anyone wants to shoot me now? It seems that neither your company nor several of the neighbors are very happy with the situation as it is and you agreed in the past to change it. We see several different mitigation measures that you're considering. Would it be wise of us to not grant the extension of hours now and wait a little longer until you have done some of these mitigation measures, if we agree that we won't enforce the current hours? Because if we grant the variance now, then we have no more enforcement to make sure that you do something. B Maynard - Well, if we do something like that we need some guidelines. At this time there's no noise ordinance in the Town of Dryden. And what's acceptable? We can look at what other communities have done. Our company is located in an RD District and we feel we're exactly the type of business that the Town of Dryden intended to be in this area. We sympathize with Mr. Cox who is trying to sell his house, but he's surrounded by us, Route 13, Mix behind him, a dentist office on one side, and Caskey's two doors down. William LaLonde - Which has never been a problem. I own the mobile home right across the street. We have never had a problem with the Mix's, the Caskey's. Let's not bring people into this that have not been a problem with the issue. The machines run too. The bay faces the road. People are going up and down. Tractor trailers are keeping their headlights Page 9 of 33 TB 12 -6 -00 on, flashing them into the properties across the street. There's more than just the refrigeration - trucks running. We're talking about 9:00 p.m., all night and morning, all day the next day, and residents do live there. This is making no sense at all. I have to just speak my mind. 9:00 at night. It's not just a commercial zone. Noise is being made. J Cox - Tractor trailers are pulling in at 1:00 a.m., 2:00 a.m. R Cutia - That happens about once a week. Bob Cox - No, about twice a night. I've got the records. B Maynard - We have a mushroom trailer that comes in on Sunday night, Tuesday night, and Thursday night and we have a.... R Cutia - a trailer which comes in and leaves by midnight.. B Maynard - Correct. And since this has begun, we've talked to many of our vendors and tried to change some of our delivery schedules. Some of them were not able to, but we are recognizing and trying to work with some of that. R Cutia - We've asked them to turn their motors off and turn their lights off. W LaLonde - If I could say one more thing. Caskey's doesn't operate 9:00 p.m. to 5:00 p.m. Mix's are done and they're out of there. As long as we're comparing other businesses in that area. R Cutia - Seven tractor trailers left Mix's last night. • Bob Cox - They do. B Maynard - My point regarding the business around us was not to say they make as much noise as we do. Simply stated, it's an industrial type business which is in this area that we are in as well. As well as a residential community. We're doing everything we can to cooperate with our neighbors because we want to be good neighbors. W LaLonde - You're not cooperating. You chose to violate your conditions in your permit. You just chose to be the bully in the neighborhood and that's how I look at you. it. B Maynard - I'm sorry that you look at us that way. That's a tough way to characterize Bob Cox - But it is factual. B Maynard - Well, we're not bullies. Bob Cox - I talked about violating the permit, and in fact you've signed a confession. B Maynard - Well we've admitted that. Bob Cox - Yes you have. In your little printout here you admitted you did and you didn't have permission to do it. I'd like to have the floor for a little while. One thing I'd like to commend, I don't know what New York State did before Ithaca Produce because it sounds like we weren't being fed. As far as a decibel meter, I saw your little decibel meter out there and the trucks shifting. I've been paying very strict attention because it's getting to be a real sore point, and I'm giving you 15 people that live in a direct path right behind Ithaca Produce Page 10 of 33 TB 12 -6-00 (petition given to board). Mr. Cal Collins lives 1000 feet up there and is true you can hear the trucks in the summer time? Cal Collins - The thing that bothers me the most is when they back up at three or four in the morning, that beep beep beep of tractor trailers backing up. I hear that all the time. Bob Cox - There's 15 families, households, nobody signed it twice or anything. He says there's no ruling, well there's an Article 13 in here. I think Article 10 might be mobile homes, Article 11 might be RC Zone. RD is 12. But there is also an Article 13 in here and it says on c, d and f of 1303, specific requirements, and that pertains to special permits. Page 7 and 8. You've got copies of that. I've got copies of that. It says here in (c) Whether the use will be more objectionable or depreciating to adjacent and nearby properties (by the reason of traffic, noise, vibration, dust, fumes, smoke, odor, fire, hazard, flashing lights and disposal of waste or sewage,) that's no problem, than the operation of the allowed uses of the zone. Whether the use will discourage or hinder the appropriate development and use of adjacent properties or neighborhood. Whether a non - residential use adjacent to an existing residential use shall be screened by landscaped buffer strip or fence. Where the health, safety or general welfare of the x community may be adversely affected. Now, we aren't getting any sleep. There's been nights in the summer time I've gone to sleep at 4 o'clock in the morning. I've got a tape recorder and one night there were four trucks running. Now these little engines, and you can run these all night, he talked about differential in temperature. This thing turns on every ten minutes, off ten minutes. Is that approximately right in the summer time when it's warm and the trucks Al are cooled? I know, because I've the got the facts. To say this isn't a nuisance, I'm sorry, but it sure as hell is and you can ask these 15 people in the petition. That's all I've got to say, but I'm telling you this is really getting pathetic and I wish you'd give it a hell of a lot more consideration. They're trying, I've got to admit. They're shutting off the engines, and some of • the trucks turn their lights off. They're trying to do what they can, but it isn't working. That's all I've got to say, but as far as selling my house, I've been there 35 years and it's a big house. R Cutia - Didn't you tell us this would all go away if we bought your house out? Bob Cox - No, no, no. I said, yes, do you want to come over and look at it. I want to ask you a question, too, Rick. You had an application in here for a variance to build a house up there. Why didn't you? Because it was going to be too much damn noise up there? R Cutia - No, that's not the reason. Bob Cox - That's what some of these people in here thought. R Cutia - You know what the reason was? Money. If I had the money I'd put a house there. Bob Cox - Would you really? You can rent mine. I'll invite everybody to spend the night over at my place. B Maynard - Mr. Cox, I bought my house over a year ago. I looked at your house. I went through your house and I decided that I didn't want to buy a house on Route 13 and with Mix behind me... Bob Cox - I agree, I hate Route 13. I fought to try and straighten out the corner. J Cox - But you know we never hear Mix's pull out their driveway. We don't hear them until they come down 13. I'm out at 4 o'clock getting the paper. Page 11 of 33 TB 12 -6 -00 Bob Cox - But in this situation, I wish you wouldn't pass anything until they make a lot more improvement. is W LaLonde - Just a comment. I talked to his dad because I lost a tenant who'd had enough of the noise and the lights and stuff, and I said do you want to buy the place. You know what he told me? He chuckled, he laughed, he says you've had enough, huh? I don't think that was an appropriate comment from a business man. That doesn't sound like a man who is trying to cooperate with the neighbors. Bob Cox - Sunny Porter's daughter told me that she's gone over at 1 o'clock in the morning to see you, Rick, and try to get you to be quiet so she could sleep. Is that true or false? R Cutia - That is true. Bob Cox - Okay. Isn't that a shame. I feel like taking a shotgun over and blowing all your tires out, but I'm not going to do that. It won't happen from me anyway. You've got my word on that. Supv Varvayanis - Could I go back to my previous suggestion? I think if we keep some leverage I think we can all agree that they're going to keep working. If we grant this and we don't really know what mitigation measures are taken I think we're acting prematurely. So can we simply agree that we won't enforce the current hours for say six months until June and we'll see what mitigation measures he can put in place? B Maynard - What do we start with? We don't have any criteria like I mentioned before. Cl Grantham - But you have suggestions that are coming from the consultant that you've called in. 0 B Maynard - We don't want to go spend $20,000 or $30,000 to try to fix something that we don't know.... Ve don't have a goal where we're going. Bob Cox - Why don't you move down the road toward NYSEG. If you are going to put $250,000 in a building addition plus all these improvements that you've got to shield the noise and everything, that might be your smarter move. Cl Beck - I think you've got the right idea Mark. I guess I would maybe like to hear some words from counsel on what happens if we don't enforce an existing regulation. Can we simply choose to do that, which I think is appropriate. I sure wouldn't want my business shut right down because we've grown and outgrown the regulations or maybe inadvertently got outside the regulations and really hadn't been warned by any agency until now and then be made to comply in a very short time, which could devastate your business. I don't think that's fair. I do sincerely understand the concerns of the people that have spoken. We do need to have some sort of a goal and I have the feeling that no matter how quiet it gets, it's not going to satisfy some people and that's what these people are concerned about. So we may need a starting point measurement and some sort of a goal, and I'm not sure how long it's going to take to get this type of date. Certainly, it appears to me that they're trying and even though they probably haven't expended a lot of money yet, they've certainly done some research and are going to take some steps as soon as possible, which is an attitude that I like and we can sit here all night and hear comments from neighbors who had to put up with this that are probably justified. Be that as it may, the only way we can stop it tomorrow is to put Ithaca Produce out of business, and I'm not willing to do that. Page 12 of 33 TB 12 -6 -00 0 Cl T Hatfield - Neither am I. It's a suggestion we had last month, to get started in this process. Bob Cox - Can I just say that we've got a petition that says we don't want to extend it, we want to limit it closer to the original. I wouldn't mind if they could shut down at ten o'clock at night so people could sleep. I normally go to bed about eleven, but if you can't go to sleep when you go to bed because of the noise, quiet is a word that I haven't used in a long time in our neighborhood. ZO Slater - I don't think that will work because those refers are still going run while they're waiting to go, even if they did shut down at ten o'clock. Cl T Hatfield - I think there's a vendor here that says that they can provide a blanket that will severely limit that noise in communities with noise ordinances, which of course we don't have for a lot of other reasons. But there are technologies out there. They're going to put some fencing in. They're starting to investigate this. We need this dialogue to continue, and gentlemen the answer as to what's good enough, what you go with, I think is sitting here with us. You need to mend the fences with the neighbors. I'm not unhappy that you've outgrown the permit. I wish you had noticed and come to us earlier and probably your neighbors do too, because some of this should have been accomplished as you went along. However, we're here. We certainly don't want to put a lot of folks out of a job anytime, let alone this time of year. I think you've got the weather working for you. At least people don't have their. windows open at night. Bob Cox - We've got all new replacement windows and we still hear them. Cl T Hatfield - I understand that, but you also have them willing to make the effort. Bob Cox - There's a question from the floor here. Supv Varvayanis - Hold on everybody for a second. Mahlon, are you still researching Ron's question or are you ready? Atty Perkins - You've got an application that you have to make a decision. You can't postpone making that decision until June. Conceivably you could postpone it 62 days. You either have to deny the permit, or grant it, and you have to do it in a timely fashion. Supv Varvayanis - He could withdraw the request though. Atty Perkins - Sure. The other alternative is if you are inclined to grant the permit, to attach conditions. And we certainly have leverage to enforce those conditions. From a practical point of view it seems to me that no business person who wants to expand their business is going to be willing to make any investment in that if they don't know what the target is. They've just got to have some standards that they've got to meet. If they come back to you with specific standards or suggestions or proposals, then you are free to add those as conditions to the permit. But I can't see any business deciding well, I'll do my best and hope that when I come back in six months that will have been good enough. What if it isn't? Cl T Hatfield - Not only that, I would like to hear more about their plans for the expansion, because some of these issues will only be fixed by taking those doors that face 13 and provide a lot of the noise and a lot of the light source, turn those, screen them, buffer them. I think there are things included in some of the plans that were brought before us six months or a year ago, that would be positive steps forward with respect to several of the issues • that are here in front of us. I think you've got to look at the whole thing. Mr. Cox's suggestion Page 13 of 33 TB 12 -6-00 of where you want to be and how all this gets addressed before you expend a quarter of a million dollars is certainly a question to ask and get answered. 0 Cl Grantham - Your consultant is willing to offer some suggestions and guidance, right? And that's not going to cost $20,000 or $30,000. It'll cost something. B Maynard - It depends on what we decide. The consultant won't cost that. Implementing the measures will cost that. C1 Grantham - So your consultant can give you some ideas of things that you can do and ways to go. You've already talked about a couple of things. There's got to be stuff to do with the buildings and buffering and so on that can make a difference. Dave, is this something that you've ever done anything with? What I'm aiming for is at least a postponement to hear what your consultant says and maybe you can help us with some guidance in that time, Dave, and we can come back and maybe come up with some targets for them in a couple of months. Some of it I think that you could do right away, like these blankets. I don't know how much they cost, but it seems like that's mimmal, and the buffering that's required by your current special permit conditions. Does that seem reasonable. J Cox - Are they going to build a fence across the front and on each side? Cl Grantham - They don't have to under their current special permit conditions I don't believe. What I'm asking is that they come back. That we not give them this extension of hour tonight, but that they come back to us with some specific suggestions from their consultant, that will also come with if you do this, you'll get this kind of result, so that we can develop a target from that maybe. J Cox - I just want to say one thing about down in back, too. We have 20' pine trees • planted down there solid all along the back. That's one reason why we do not hear down in back. B Maynard - I'm glad that you mentioned that. When Route 13 was expanded there was a good canopy in front of your home blocking the noise from Route 13. The State removed several large canopy maples on your property and some trees on our property, too. J Cox - But the maples don't really knock down the sound as much as pine trees. B Maynard - I know that I couldn't see your house from our warehouse. Bob Cox - If you're not going to pass this proposal, then will you limit that to the original time? Cl Grantham - Legally, it is. Bob Cox - I'm trying to be reasonable. They close down at 5:00 tractor trailer. All I'm saying is if you can take p.m. They're all gone. There's three hours or four hours before the trucks start coming in. Is that true? B Maynard - No trucks come in after 5:00 p.m. Bob Cox - Say what? We're talking out of town delivery trucks, big semis with 14 lights on the side, plus Byrne Dairy is a tractor trailer. All I'm saying is if you can take that three or four hours and use it, then at ten o'clock have a shut off time that we can get some sleep. Certainly it seems you could hire some men. I could load a truck in probably an hour. • Page 14 of 33 TB 12 -0 -00 S Porter - Like I said before, I've been waiting for twelve years to do something about • that fence. A month ago you promised me 15 days in front of all these people. Still no fence. I've been going after him for twelve years, including my daughter. My daughter wakes me up. Now she's in college, work and school. She needs to sleep. Somebody has to draw the line. Bob Cox - Like I say, if there was a shut off point, ten o'clock, any decent reasonable hour, it would be fine with me to let them continue because they've been violating it anyway. But there are conditions here that says there are penalties or whatever. S Porter - It looks to me that if they really wanted to, they could get around. He could load early trucks. You're asking for nine at night. You expect me to get sleep? This is getting a little out of hand. Bob Cox - Well, there are four more hours left in a day. So if you expand again, you're going to want more hours. S Porter - In day time you can run all you want. Supv Varvayanis - Excuse me. I think maybe the board has to discuss what we want to do a little bit and well ask if we want more input. Bob Cox - But as it stands right now they're are still going to operate? Cl Grantham - We need to discuss that. Cl Beck - I might as well say what I think. At this point I'm not inclined to grant the extended hours even if we do set conditions, because we don't know what those conditions • need to be. I think we have to allow them to continue as they are with all the mitigation things that we can come up with to be brought to bear as soon as possible. Then we need this research to come up with what the final result may be and what our targets are. Cl Grantham - If we can do the 62 days until we decide on the request, then in that time they can have their consultant do some research, Dave can do some research, we can come back and hopefully develop a target that they can aim for that would be the conditions of the permit, and we can consider what sorts of hours we want at that time. Cl Beck - I'd like to ask again if there is any way that they can shorten their hours from what they're doing right now at this point, and it appears from the discussion we had and the presentation that it's pretty much impossible. But I think they should discuss that among their management team and if there is any way to lessen that immediately, I think it should be done. I don't know that we can enforce that in any way or how we should approach that, but I would hope that they would make every effort to comply. It might be their choice as to whether they withdraw their application depending on whether the 62 days is going to fit. If the time frame isn't right, it may have to be different. Cl Grantham - What's your comment on the enforcement aspect of this? Atty Perkins - It's up to you or Henry. Cl Beck - So we have a choice as far as that goes. Atty Perkins - Sure. 0 Cl Grantham - Well, what's the term we're looking for to extend for 62 days? Page 15 of 33 TB 12 -6-00 Atty Perkins - Basically you're already in your public hearing. You've got 62 days to make a decision. You could table it I suppose. 0 Cl Grantham - I guess I would move that we table this until we receive information from Ithaca Produce's consultants on noise abatement and information from Dave Putnam, who will probably also want to review your information, so that we can development a target for noise mitigation. So that means that if your consultant got it to us within a week, you don't have to take 62 days. You can do it faster than 62 days. Cl T Hatfield - With the proviso that the fence is finally ready to go. You've got the permit and the proposal and that goes forward. That's outside the discussion on the 62 day abatement, but... Atty Perkins - That was one of the original conditions. Cl Grantham - Yeah, that's in the original conditions. Cl T Hatfield - Original conditions on that, so I'd second that motion, Deb. Cl Beck - I'd also like to ask if they know enough about any other measures we talked about to be willing to install them immediately as an intermediate measure. I'm speaking of the blankets, and you mentioned mufflers. Now, these are going to cost money, but I don't suspect they are going to be huge expenditures, and they may be part of the whole system when you get done. It might be something that can be done very quickly. S Porter - Did you say you were going to put up a fence and plant trees, too? Cl Beck - You probably can't plant trees now. 0 Bernie Cornelius - What noise decibel do they need to adhere to? You don't have any regulations. So Dick Cutia has worked 15 years to build that business up and you're asking him to do something that's really physically impossible for him to try to meet. The only noise decibel he has to compete with is his neighbors. He can try to shield whatever he can do, but you need as a Board or we need as a Town to have a noise decibel that we need to comply with. We're really beating around the bush because Dick can't stand thousands of dollars trying to satisfy them, because he's never going to satisfy certain neighbors. B Maynard - That's a great point right there, because once we lower the noise and people get used to it, then they hear it again and say, gee, that's about the same as what it was before. It's back again. That's just the way the mind works. Cl Beck - That was my comment originally, that we need a starting point. What noise level are we delivering now, and where should we try to get to. So maybe you need to take some more measurements and have that documented, then get some recommendations from your consultant as to what can be done. Cl Grantham - And I think when a consultant looks at that sort of thing, they look at what's been done in other similar situations and they make a comparison and they use that as somewhat of a standard. That's what we're asking for, for that consultant and our engineer to come up with some targets for us. Other people have asked for noise ordinances and it is probably something we need to do in Town, but we don't have one. B Cornelius - I think that's the Town's job, to do your homework. Not Dick's job to tell you what works in other areas that's going to work in his area. We need to cover our own self. • Page 16 of 33 TB 12 -6 -00 Cl Grantham - We can ask for that. And our engineer will also be dosing research. • Bob Cox - Even Tweitmann's didn't stay open all night. But we have a great big annoyance across the road with flashing lights, beepers, trucks running and everything. Joan Cox - And one truck is supposed to go out at 4:00... Supv Varvayanis - But we're going back to where we started. Cl Beck - There's a motion on the floor. Is it clear what we're voting on? Cl Grantham - That we've tabled consideration of the special permit until we receive information from Ithaca Produce and Dave Putnam about noise mitigation. B Maynard - We need to have a target. Cl T Hatfield - The company that you're working with should be able to answer that for you, and with all deference to Mr. Cornelius, in the past whenever we've pursued these types of issues, we've always looked to do an internal study or an external study. In this case you've already got a site specific problem with site specific issues. With respect to a noise ordinance, this town has considered it many times over the years. We've got a right to farm law in this community and farmers have various hours of operation depending on the year and the cycle and the tractors and other pieces of equipment. A noise ordinance in this community would be extraordinarily difficult to draft and even more difficult to enforce, so they tend to be specific site by site by site. I don't know how you balance all those competing needs in this community. We're a rural community. We're proud of that heritage and character, yet we've all got to live together. I think the best thing you've got to be is neighbors and if it takes a • forum like this to get together and talk it over and work it out and get some action going, then that's where we've got to go. Let's call the motion. Bob Cox - Just one more question. Does that mean they aren't going to stay open all night like they've been doing or... Supv Varvayanis - They are going to continue their current hours of operation for the next 62 days, or less. Bob Keech - I was chairman of the Zoning Board of Appeals for 16 years in Dryden and I'm interested in all this. When I saw this ad in The Shopper that's how I knew about it. I decided I'd come here tonight. One thing we had to do, we got all the hot potatoes generally, and from there they went to the civil courts. That was the only alternative after the Zoning Board of Appeals. This company is right in the right spot, in an RD Zone, a least restrictive zone, and you cannot expect them to live up to the requirements of an RB Zone. It's unfortunate, and I like the way you're handling it. You've got the most restrictive zone backed right up to the least restrictive zone and that's the problem for you. I do think as I hear, I know tempers flare and not much gets done, but I think that working with the people, and I really don't know them, perhaps turning off these back up noises. They are annoying and they have a shrill sound that travels a long way. Maybe they can have a switch on the trucks, or maybe it isn't legal to do. Supv Varvayanis - That's required safety equipment. Bob Keech - I realize it is, but that was one of the big complaints up in the RB zone, quite a ways away. I hardly can differentiate between the sounds when I stand on Route 13. • That's a noisy road. From a bridle path to what it is now, change has come about. I didn't realize that this business is such a vital link in the food chain. It really is and it has to be Page 17 of 33 TB 12 -6 -00 considered. I don't see how you can just say you're going to have to cease. I like Mr. Hatfield's idea of trying to work this thing out. And Mr. Beck, I know that he knows that business to survive has to grow and get bigger. He knows that from his farming operation, and he knows is that this business, Ithaca Produce, has to survive to get bigger. It will tend to get bigger if it survives. I would urge the Town Board to be considerate of that. I can't feel sorry for anyone who lives in the RB Zone next to it. You're just going to have to live with the noise of a busy Route 13. I live next to it. Thank you. Supv Varvayanis - Can we take a vote now? RESOLUTION #271 - TABLE ITHACA PRODUCE APPLICATION Cl Grantham offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby tables any decision with respect to the application of Ithaca Produce, Inc. to modify their existing special permit until the Board receives information from Ithaca Produce's consultants and from the Town Engineer on noise abatement, so that a target can be developed for noise mitigation. 2nd Cl T Hatfield Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes Supv Varvayanis asked Jim Hanson of the Tompkins County Planning Department to • give a report regarding the Cayuga Press HUD matter. J Hanson - Mark Varvayanis, as you folks remember through your resolution late last summer, asked the Planning Department to assist the Town in the Small Cities Community Development Block Grant Program. Essentially, Mark wanted to open the process up again to solicit other proposals and to review those proposals at the end of the deadline. It was opened the early part of November and the deadline as you probably saw in the advertisements was November 30. We have received some proposals back and I'm prepared to discuss those with you and with the Town Board. I'd like to introduce Dan Lamm. As a lot of you folks already know, Dan is the Chief of Staff for Maurice Hinchey here in the Ithaca area. Dan is the primary person dealing with HUD in Buffalo on this Small Cities Community Block Grant Program. Dan was instrumental in trying to move the project along. I give him a lot of credit for the extending the good uses of his office, including his staff, and also for serving as a liason with Mike Merrill in HUD. Dan would like to talk to us just a little bit about the conversations that he's had with the HUD. Dan Lamm - Good evening. It's good to be here tonight on behalf of Congressman Maurice Hinchey. I'm actually Maurice's district representative for this area. I wanted to come here tonight and express the congressman's support for a resolution before the board tonight concerning the selection of one of the proposals that we've received following this additional application cycle for the 1999 HUD Economic Development Grant. A Congressional Office has a number of responsibilities of course in trying to solicit opinion from our constituents and vote appropriately in congress. But we also try and represent the interest and concerns of our constituents and businesses and non -profit groups and government with their dealing with federal agencies and that's where we got involved with this particular case with the HUD grant of 1999. Page 18 of 33 TB 12 -6 -00 In this particular case we looked at this economic develop project and whether it • created jobs, whether it spent federal money properly, whether it was being invested in a project that would have long term implications, but we don't really get bogged down with the technical aspects of an application. If it meets these basic criteria and the local government wants us to support it, we do support it and in this case we support it fairly heavily because the Congressman conveyed his thoughts about this application to the HUD Secretary, Andrew Cuomo, and we were successful and we won this grant. Issues concerning conflict of interest of course surprised many of us in the aftermath of the announcement. At the very least I think that this conflict of interest issue represents something that needs to be addressed, but at the very worst it's an embarrassment for the Town. It's a perception problem on one hand, but it also is something that could have actually prevented the Town from receiving this money from HUD and I don't think many of us here realize just how close HUD was to actually not appropriating this money because it felt like the Town did not want it, and that's where the Congressman got concerned, got me on the phone and asked me to work with the Town, work with Jim Hanson and the County Planning Department and also work directly with HUD out of Buffalo to try to find a resolution to this problem and see if we could find something that could clear this cloud of supposed conflict of interest that was surrounding the project. There were some issues that needed to be worked out with HUD. They were willing at the Town's request for a waiver of the conflict of interest problem, to grant such a request. One of the concerns HUD has is that, as we all probably know, the acting Supervisor had through family connections some sort of interest in the company that stood to benefit from the HUD grant. In HUD's evaluation of the program, they still saw it as a worthwhile project and wanted to support it and were willing to do that and were willing to grant the waiver. One thing that we need to consider is that once we pass the one year threshold, after the former Supervisor has been out of office, that waiver is no longer an issue. So come January 1St HUD will not request the waiver and you shouldn't have to send it in, a written request asking for it. So one • of the benefits I guess of prolonging this situation is that we're no longer having to deal with that particular aspect.. But there were some State legal issues that to Mark Varvayanis's credit he discovered and brought to our attention that I don't think anyone picked up on, and deserved attention because there were some issues that would have left some liabilities for the Town of Dryden if anyone chose to pursue the particular statutes and raise a. case and perhaps file a lawsuit as a longshot. But I couldn't get an assurance from the Office of the State Comptroller that that wouldn't happen, and I spent a lot of time discussing this particular statute and its ramifications in this particular instance. It's something that we just couldn't assure wouldn't create a liability for the Town of Dryden. So with that in. mind, through discussions with the Office of the State Comptroller, with HUD, with Jim's office, and with Mark, we resolved to reopen this process which is a very unique for HUD to do. I can't over - emphasize how much HUD has bent over backwards for us in this case and really chose to help us out in this situation. We have a good relationship with HUD. My boss has a good relationship with the Secretary, and I think they have extended themselves for the Town of Dryden and we're grateful. So they allowed us to open this new round of proposals during the month of November and that's where we find ourselves at now. We received more than one. We knew that we would get at least one. We received four. But I think when you review these proposals one does stand out as the most solid proposal and if it was my money, or anyone else in this room's money that you were going to loan to an entity, I think you would choose this particular proposal. So I just wanted to come here and describe what our involvement in this process is, and Maurice is very concerned that we keep this money. It's no small feat. You won a competitive program, a very competitive program when you got this $400,000 from HUD. It's not something you could just apply for next year and expect to win. You won it because the • Cayuga Press program appealed to HUD. It met their criteria and they have very strict criteria on the type of jobs that are created, the number of jobs that are created, the type of business Page 19 of 33 TB 12 -6 -00 that they're funding. And you met those strict criteria. I just wanted to put that context out. It's not here for everyone. 0 If anyone has any questions, I'll try and answer them. R Seeley - Are you saying the other project don't meet their criteria? D Lamm - On the surface. These are proposals. They did not file complete applications, but based on a review of the proposals, they do not have a good chance of passing those criteria R Seeley - Why is that? D Lamm - Why? Well, without getting into specifics of the projects, and I suppose Jim will in a moment, they do not create low and middle income jobs at the numbers sufficient for HUD regulations. They do not leverage private sector funding at the level that HUD requires. HUD makes you jump through a number of hoops to get this money because they have to achieve an overall objective of the administration set forth by the President and the Secretary of HUD. R Seeley - Are we allowed to view what these other projects were? D Lamm - Certainly. Another benefit of this whole process is that we've learned that there are some other projects, albeit in their early stages of development, but there are some other great projects out there that deserve attention, either at the County level, or in the next round of funding from HUD, which is now administered through the State. So it's a little different program now. But they are projects that may be appealing to the State that administers the HUD program, or to a County loan program that is in existence. But it is • doubtful that they would meet the HUD criteria. J Hanson - I have copies of all the applications. As Dan mentioned, there are four. I brought 20 copies (distributed), I'll give you a chance to leaf through that, and I'll pass out a memo that Dan, Mark, and I worked on Monday. The memo on the top of this is from David Carlson who is the consultant to the Tompkins County Department of Planning for Small Cities Community Development Block Grants. David has been working with the County for about ten years and has probably about 30 years of experience with HUD. The reason the department asked David Carlson to look at it is that I asked him for an objective opinion. I said David, take all of these applications, all of these proposals that we have, all four of them. Look at them together and let me know which one floats to the top. This is before I talked to Dan or anything else. He did that in my office, albeit it was a little rough memo when I first got it. Mark said this thing needs some editing to make it sound a little better and we did do that. Basically the four projects are Ithaca Color Separations, located on Hanshaw Road. -I think you're familiar with that. Environmental Associates, Ltd, Oakbrook Drive, a project that's located behind the Antlers restaurant if you're not familiar with it. I think there are two single family houses that they have a laboratory or laboratories in; a very progressive group. Fingerlakes Aquaculture which is a promising project in I think the Freeville area and is looking to locate and expand in Dryden. And there's Cayuga Press. What we said and what the resolution indicated in the early stages was that the Town wanted to open the process up and see what other projects were out there and wanted to look at these projects in relation to the Cayuga Press project and then analyze them for the ones that would work. As Dan mentioned earlier and was talking about the things that HUD uses are very important, and that is the relationship of the jobs created of course, especially in the lower income sector. The second thing is the leverage of public funds to private funds and Page 20 of 33 TB 12 -6 -00 that's really the basic criteria that HUD uses and you knew enough about all of these other • projects that even if you weighed one against the other that Cayuga Press is the one that not only shows the most promise, but in terms of meeting the HUD criteria, it follows those lines. Mark and I and Dan had a long discussion about the other projects that were proposed and wanted to know where they would be in the pipeline. We determined that the County has an economic development loan program that now has funds that are being repaid back from other Small Cities Economic Development Block Grants to the tune of some $330,000 roughly. We also have a Canal Corridors program that was previously designated for another project and are looking to have that restructured so that it will be part of the loan program. Also the State now administers the Small Cities Community Development Program as Dan mentioned, and that is a continuous funding cycle on a monthly basis. So these projects, as Dan mentioned, are in various stages if you look at the sheet in the back, and you certainly find out that they would be in a position basically to either be reviewed for the Economic Development Loan Program or for the State's Small Cities Community Development Block Grant Program, which again is on a monthly basis. I think what's important as Dan mentioned, is the fact that the Town advertised this type of program. Previously when we went through the first round the only reply that we got, the only interest that we had was only Cayuga Press. The advertisement went out through Tompkins County Area Development Agency, and I know that it was well advertised, but we just didn't get the interest that we thought we would. This time there are quite a few companies that show good promise in terms of economic enhancement, jobs and a lot of other good things for Dryden in the future. And as a matter of fact, I have talked with each one of the principals involved in these firms and are now in the process of setting up interviews for application development with all three of them, so that we can talk with the Economic Development Loan Committee towards the end of December. I did that today. • What the matrix shows basically is what they do, the number of employees that they have, the loans that they are asking for in terms of funds, jobs, and then the basic attributes and the bottom line is really the status of where it is and the kind of thing that needs to be done yet. But again, I would reiterate what Dan said, and that is that there is a lot of very promising firms in Dryden and this now gives us an opportunity to work with them in various applications for Economic Development Grants in the County. Supv Varvayanis - Since the other two people at the meeting spoke, maybe I should just throw in my two cents. Frankly I was very enthused about all the other three applications. Where they stand right now, I have to admit they still have some problems. I believe in the short thing that they submitted they didn't discuss leverage. They just discussed what they wanted to do with the money they were borrowing. So I think that's probably something that's relatively easy for them to fix. The. two companies that are creating less jobs are also borrowing less money so the ratio of jobs to loan I think is pretty good. So I think with a little more polishing I think we stand a pretty good chance with any of these three. But from where we stand today, I guess you have to say that obviously Cayuga Press has a complete application and their numbers are in line. But, hopefully we'll be getting more money for the Town in the near fixture. J Hanson - I think it's also important that when we set this loan program up, and Mark started to talk about it, is that the loan program will belong to the Town. The Town will manage the money and it can loan the money back out again. As Mark said, any other future Small Cities Community Block Grant Program would go into that loan fund as well. This other fund that the County has won't draw any money off of yours and we'll decide together whether you want them to be processed through the County in the end. I'll give you all the paperwork • and I think what's important basically is that all of these other people that have made Page 21 of 33 TB 12 -6 -00 submissions be given an opportunity to have access to the money and to work on their projects. There are some really impressive things going on in this Town. 0 Supv Varvayanis - One of the things I like about Fingerlakes Aquaculture, for those who don't have the application out there, you know the fish farm in Town. They're interested in starting a seafood processing plant, and that then would create a market for anyone else interested in getting into the fish production. That would potentially create quite an economic development benefit to the whole area, the region, not just Dryden. Cl T Hatfield - It's a new form of agriculture. It makes a lot of sense. Cl Grantham - It would support a lot of agricultural development. Cl T Hatfield - With the tilapia and the things that are going on with that Cornell research project right across from NYSEG... Supv Varvayanis - That's why he was so eager to say this area. I had a brief conversation with him. You know the energy in Cortland is so much cheaper. They have an economic development zone there. They're right near the highway. I didn't try to talk him out of Dryden, but I didn't want him to... Cl T Hatfield - Lose him from the area.. Supv Varvayanis - Right. And he thought that they were cutting edge enough that being closer to the food science department at Cornell, he thought that Dryden was really perfectly located for him. Environmental Associates, you know Susan Boutros, you know water testing is getting more regulations coming along all the time. AdU16 J Hanson - It's a good project. Cl Grantham - Yes, it is. That's the company of the three that I know anything about, and she is one of the few firms in the country that are licensed to do certain kinds of regulatory required testing now. And it's a very interesting company here because it doesn't require a transportation intensive area. She gets small samples by FedEx into the airport, sends them right back out. It's a perfect sort of business for this area. No trucks. Supv Varvayanis - I mean it's a FedEx delivery coming in. The shipping costs nearly the same as if they were located in Manhattan. CI T Hatfield - The good news is these three others, you're already moving forward toward other sources of economic assistance. J Hanson - At Mark's suggestion we've set up an interview process to work on it. Cl T Hatfield - What do we need to do? What do you want us to do? A resolution in support of a letter that you need to write to HUD, or what's the next step? Cl Grantham - What about this January 1st magic number, too? D Lamm - Okay. Well you resolved to have the County board review the proposals and make a recommendation on the best one, and I think HUD's expecting the Town to make a motion of support for one of the proposals. As far as the January 1st date, that would indicate a one year mark since the former supervisor was involved in any town operations, and that would clear you of any HUD regulations concerning conflict of interest. I've got a copy of their • regs right here that clearly says that. Page 22 of 33 TB 12 -6 -00 is Cl T Hatfield - That would have to do with closing as opposed to our taking action on it tonight. J Hanson - The release of funds basically, right. D Lamm - And I did speak to the HUD regional manager about that just yesterday. Cl T Hatfield - I'm not picking on bureaucracy, but if we do this tonight I bet they can't get it closed before January 1St. I would hope they could, but... D Lamm - I don't think we need to stay up worrying about that. Cl T Hatfield - I think if they can close as soon as possible after the first of the year, that would... Peter Schug - What happens next? I really don't want to wait until January 1St to start the next round of paper work if we can help it. Cl T Hatfield - No. I'd like to make a resolution here tonight, or whatever, and get this thing going forward. Cl Grantham - And there is no requirement for us to hold a hearing on these four applications, or anything like that? J Hanson - Right. Cl Grantham - There is nothing that we have to do? J Hanson - Right. Cl T Hatfield - I would move that this Town Board thank the County Planning Department and Jim Hanson for the efforts and that we enthusiastically request HUD to continue with funding Cayuga Press as per the Small Cities grant request. Cl C Hatfield - I'll second it. Cl Grantham - In terms of helping these other three companies get some assistance, what does the Town need to do. J Hanson - What I'll do, Deb, is work with each applicant today. I called them up today and my secretary is going to set up a time that we can start putting the applications together, firming up their financial plans and so forth, so that we can review it for the County's Economic Development Loan Fund program, talk to them and also talk to them about what they want to pursue in addition to that. When we line that up, I'll let each one of you know. I'll send the correspondence through Mark and he'll know exactly what's going on. If you'd like to sit in on those meetings with us at the County, I'll be very happy to have you there. Cl Grantham - So there's the County Economic Development Loan Fund. That's revolving. And then this one that you say New York State administers, Small Cities Community Development. That was HUD and that's a changeover. J Hanson - That's right. And that's continuous on a monthly basis. There are no isdeadlines. They review each project separately. Page 23 of 33 TB 12-"0 Cl Grantham - So these projects could be eligible for that? J Hanson - Theoretically, if we can get them in the right form, as Mark mentioned. It's a matter of coming up with the right financial plan that will work. Cl Grantham - Is Susan Boutros'? Has she already applied to that? J Hanson - I'll tell you what I like about that project, Deb. It seems to be closely fitted to what the County's Economic Development Loan Fund would do. She's not asking for a lot of money and she needs it for startup of lab work. It has to do with her microbiology work that's connected to computers and she needs hi -tech, leading edge stuff to move ahead and I think that's kind of what that loan program can do. Cl Grantham - Right, and it says she already applied for New York State funding, so that's... J Hanson - That has to be firmed up. I don't think it's any big deal. I think it's a matter of moving that along, firming up with the State. Cl Grantham - So those are the main two sources. J Hanson - Righto. Cl T Hatfield - Okay, so I need to do two amendments to my motion, Charlie. It's hard to do this off the cuff. I think we ought to include in the thank -you list Dan Lamm of Congressman Maurice, and is it Mike Merrill, Mike Merrill and his crew at Buffalo HUD. In the whereas I'd like to modify that motion. Cl C Hatfield - You've got a question, Mark. Jon Orkin - I have a question. Peter raised his concern that he does not want to wait until January 1St given that Cayuga Press has been involved in this process for quite some time. I know it's only three weeks away, but when we were last here it was stated on the record that if we go through this process it would satisfy the State Comptroller, it would satisfy HUD and it would satisfy everyone as it was presented to us at that time. We weren't told that we'd have to wait until after the new year, another 30 days to get this rolling again. We were told that the whole process would take a month or so. If you look at the record of what was said at that meeting, that was the understanding that Cayuga Press entered into when it started this process. Everyone said that they would support whomever the Town Board and the County put forward. My question is, if it is the Town's intention to support the Cayuga Press plan, which I believe you're leaning in that direction, will the Town Board as you said in the resolution "that the selected project will be fully and completely supported by all Town Board members and that all actions will be taken as necessary to obtain HUD approval of the selected project ". So if indeed when we started this process the State Comptroller was satisfied with this process, the Attorney General's Office was satisfied with this process, HUD was willing to grant a waiver at that time, my question is is that encompassed in taking all the necessary steps and if a waiver is necessary, can we do that expeditiously and will the Town Board and the Supervisor proceed in that manner, as that was the basis that back on October 11 that we understood this process. Supv Varvayanis - That's where you made things kind of difficult. That language was put in there specifically so that I would seek a waiver. Unfortunately then Peter insisted on adding the language that the applications would meet all HUD guidelines, which I didn't like too much for reasons that I told him, and that's one of the reasons now that we're looking at • going to January 1 st Page 24 of 33 TB 12 -G -00 46 J Orkin - Well all the HUD guidelines... Supv Varvayanis - I guess regulations, I don't remember the exact language... J Orkin - All right, I understand that. But a HUD guideline is a guideline that sets up certain conflicts of interest and the guideline also sets forth waivers to those conflicts of interest, and if HUD thinks under their guidelines a waiver is appropriate and would be willing to grant that waiver, you are therefore acting under HUD's appropriate guidelines. Are you saying, Mark, that you're refusing to request a waiver? Supv Varvayanis - No, I'm saying that your putting these words in now made it much more difficult. Your putting these words in last month made it more difficult. We were all moving ahead calmly, rationally to doing this, wrapping this up as soon as possible, and you come in here being so arrogant and obnoxious and attacking people. J Orkin - Well, thank you, Mark, and I appreciate your concern, and I appreciate your personal attack, but my question is, are you willing to request a waiver? Cl Grantham - On a practical basis, I can't see that the money is going to flow any faster if we ask for a waiver or not, just the bureaucratic processing of such a request and a check. P Schug - I agree with you that's why I... Cl Grantham - If you just... • P Schug - I get the impression that we're going to wait til January 1St and then... Supv Varvayanis - No. Cl T Hatfield - No. P Schug - The money is probably not going to ... (unintelligible, several people talking at once) I just don't want to wait until January 1st before you send the application in... Supv Varvayanis - We will not wait til January 1St. P Schug - Okay. That's my concern. I think Mr. Lamm's comment was not that HUD wants us to wait til January 1st, it's just basically as a practical matter January 1st this whole issue goes away whether... Supv Varvayanis - We went by that shaky language that I thought you put in there. I thought we went by it quite clearly. I don't know... J Orkin - Mark, I don't think that you need to attack individuals that come before this Board. I personally don't think that's appropriate. Supv Varvayanis - I don't think I'm attacking you. J Orkin - Okay. Supv Varvayanis - Glad that's over. Are we happy again? • P Schug - I'm still a little up in the air as to, I guess what's the process at this point? Page 25 of 33 TB 12-6 -00 J Orkin - What are you going to do? P Schug - Yes, I mean... Supv Varvayanis - We haven't passed the resolution yet. J Hanson - What I would suggest is that you pass.... Dan Lamm's conversation with Mike Merrill is if we pass the resolution, it would move the project along. Cl Grantham - And then we send it in. D Lamm - And you are correct, the wheels of government do not turn that quickly in a holiday month and you might wait for a reply for this request for a waiver longer than January lst. It's conceivable. J Hanson - It's just a matter of releasing the money and we all know that it takes them at least 30 days to do it. Cl Beck - Will the application need to be resubmitted by us? FIXF.MIT"11111wel Cl T Hatfield - What we need to do is adopt this resolution, have Mark transmit it with a letter saying this is what we've done, we're requesting that this move forward at this point in time, and 30 days from now or so you'll have the paper work back. I assume the Town Attorney is going to have to review it and Mark will have to sign it and we can have a loan - closing at some point in time. Cl Grantham - And if you throw in a waiver request, then it's all going to take longer. P Schug - I didn't say anything about a waiver request, I just want to keep the process moving again. Supv Varvayanis - The language that you just quoted specifically was put in there seeking a waiver. J Orkin - I'm done. I'm done here. I'm done, okay? Supv Varvayanis - Can we call the vote now? RESOLUTION #272 - APPROVE CAYUGA PRESS HUD APPLICATION Cl T Hatfield offered the following resolution and asked for its adoption: WHEREAS, the Town of Dryden submitted a Small Cities Community Development Block Grant application to the U.S. Department of Housing and Urban Development (HUD) on February 1, 1999 for Cayuga Press Economic Development Project, and WHEREAS, the application was approved by HUD subject to the Town successfully resolving certain issues associated with the Cayuga Press application, and Page 26 of 33 TB 12 -6 -00 WHEREAS, to completely resolve all issues associated with the Cayuga Press application, the Town reopened the application process in order to solicit additional applications for projects from businesses within the Town, and WHEREAS, the Tompkins County Planning Department assisted the Town in this SCCDBG solicitation and selection process, and WHEREAS, an additional three applications were received, and WHEREAS, the review of the four applications by the Town and the County Planning Department was based on jobs created and retained, benefits to loxes income persons and funds leveraged to determine which project would be most advantageous to the Town of Dryden, and WHEREAS, the Tompkins County Planning Department recommended that the Town proceed with the application of Cayuga Press, now, therefore, be it RESOLVED, that this Town Board hereby thanks James Hanson and the Tompkins County Planning Department, Dan Lamm and the staff of Congressman Maurice Hinchey's office, and Michael Merrill and the staff of the Buffalo office of HUD, for their assistance with this matter, and it is FURTHER RESOLVED, that this Town Board hereby supports the application by Cayuga Press and enthusiastically requests that HUD continue with its process to fund Cayuga Press as per the Small Cities Community Development Block Grant. 2nd Cl T Hatfield Roll Call Vote Break from 9:40 to 9:50 p.m. Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes Jack Bush presented the board with a letter regarding the crossover pipes on Livermore Road. There are two 6'/2' x 85', one of which has begun to collapse. He has requested bids from five companies. One company chose not to bid and two bids were not what he asked for. Capitol Highway Materials bid $31,080 and Martisco Corporation bid $31,298.40. Dave Putnam stated that it will not be easy to replace, and they have come up with the most economical, long lasting pipe available. Cl T Hatfield stated that it sounded like it needed to be done almost immediately, but wondered if it was work that could be done in the wintertime. J Bush explained that it could be done, but the biggest thing was obtaining the pipe. The job should be done prior to Spring runoff. D Putnam stated that if the pipe doesn't collapse any more, it will be alright, but the next time it goes it will start eating into the road. The pipe there now was installed in the early 1970's. D Putnam stated that he believes the pipe failed and the bank came down in on it. Cl Grantham stated she thinks the work needs to be done, but wondered if a formal bid process was necessary. Atty Perkins stated it is not a public works project, but he had not considered it as strictly purchase of an item. Cl Grantham - It's only purchase of the pipe. If we have the money it sounds like we need to do it, I just want to make sure we do it by our procurement policy. Page 27 of 33 TB 12 -6 -00 Atty Perkins - I take a look at that quickly if you want to pass a resolution authorizing it subject to it not being subject to competitive bidding. Cl Beck asked if the low bid was available, and J Bush informed him that the pipe had to be made as it was non - standard size. RESOLUTION #273 - APPROVE FUNDS FOR PIPE Cl Grantham offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the purchase of pipe from Capital Highway Materials, Inc. at a cost of $31,080, provided it is not subject to competitive bidding and subject to the availability of funds. 2nd Cl Beck Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes J Bush stated he would start the job as soon as the pipe is delivered and as weather permits. Cl Grantham stated she had received a phone call from Keith Duclos who owns property on Turkey Hill Road. There are two or three realtors trying to sell houses on Turkey Hill Road between Mt Pleasant Road and Route 366. Potential buyers are deterred by the truck . traffic on Turkey Hill Road. Cl Grantham has talked with Sheriff Peter Meskill about this. The main thing that he can do is give out speeding tickets as there is no weight limit on the road. Residents have a problem with the truck traffic itself. Turkey Hill is a county road, so the Town Highway Superintendent cannot impose weight limit on the road. This is usually done to protect the road, although Cl Grantham stated there are situations where they are set to keep heavy traffic out of residential neighborhoods. J Bush stated that he was approached about a 5 ton weight limit on Ferguson Road near Irish Settlement. He put one there because once the traffic gets to the Village it is all posted 5 ton. After the State did the work on Route 13, they've got a sign at George Road indicating a 5 ton weight limit with a no trucks sign below it. Cl Grantham pointed out that for an occasional truck that doesn't go there often they won't know until they get there and see the sign, but it's the trucks that have a habit of driving that way, the delivery trucks to P & C or so on. If there is a weight limit and the Sheriff pulls them over, they'll change their habits back to Route 366, J Bush explained that this type of thing is happening all over the town and the county. He has received a survey asking for information such as who the carriers are and what concerns there might be about their routes. Cl T Hatfield stated that this goes back to some of the planning done with the Cornell group about how to route traffic in and out of our communities so that residential communities don't have the impact of that traffic. The commercial traffic needs to deliver the goods, and we don't have a well laid out infrastructure for the county. The Town cannot impose a weight limit on a County road, however the board can encourage this action. Ward Hungerford should be contacted regarding this. The board will do a resolution and Jack will write a letter to Mr. Hungerford. 0 Page 28 of 33 TB 12 -6 -00 0 Atty Perkins - Why limit it to weight limits? Why don't you just ask for no through trucks. J Bush - No through trucks and show an alternate route. Supv Varvayanis - I think one of the issues is not just the noise but the intersection of Turkey Hill and Mt Pleasant Road. That's a very- limited site distance. J Bush - Exactly. Cl T Hatfield - That and it's wintertime. I realize where the residents are coming from, but ... Cl Grantham - Turkey Hill and 366 is not very good either when you are trying to get out of it. Let's ask the County to make it a no truck route and that they post it that way and post an alternate route, Game Farm Road or something. That is the traditional route to get across. RESOLUTION #274 - REQUEST NO TRUCK TRAFFIC ON TURKEY HILL ROAD Cl Grantham offered the following resolution and asked for its adoption: WHEREAS, the Town Board has heard from residents who are concerned with the increase in large truck traffic on Turkey Hill Road in the Town of Dryden, and WHEREAS, the Town Board is aware of the limited sight distance at the intersection of Turkey Hill Road and Mt Pleasant Road, and WHEREAS, the slope of the roads at the above intersection and at the intersection of Turkey Hill Road with Route 366 make for difficult maneuvering in winter weather, and WHEREAS, the Town of Dryden is concerned for the safety of motorists, bicyclists and pedestrians on Turkey Hill Road, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Dryden hereby requests that Tompkins County prohibit through truck traffic on Turkey Hill Road, post it as such, and post an alternate route, such as Game Farm Road. 2nd Supv Varvayanis Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes Cl Grantham has also asked Peter Meskill to patrol Midline Road for speeding. Cl T Hatfield - You all got in your packets tonight this letter from Steve Stelick indicating an interest to be reappointed. I assume we probably would do that at the January organizational meeting. It makes sense to do it every year then now that we have it rollnig. This Commission is up and running. A lot of the folks that volunteered to be involved, but didn't actually get appointed are now involved either in their facilities committee or involved in setting up web sites. It is really percolating along. I unfortunately made the mistake of telling Page 29 of 33 TB 12 -6-00 the chair and one of the other fellows who wanted to come and give us an update tonight, that the first Wednesday is usually a good night because there isn't much on the agenda. As fate would have it, we got a full bill tonight, and they left. I would like to also mention that Alice Green is the other person whose term expires in December. I talked with her at the last meeting. She is interested in being reappointed also, and I believe that will turn out to be a very positive thing for the Town of Dryden given I think she told me she is about to become the Director of the Ithaca Youth Bureau. This is great news. I'd like to have everyone consider that for inclusion in our January Organizational Meeting, B Hollenbeck - Alice is also a link between the Recreation Partnership and the Town Commission, Cl T Hatfield - That is a valuable link. Also in the packet is the report from Steve Stelick and his wife Lisa with respect to the numbers of Dryden Youth Sports participation. Actually our Town programs have been working well as far as impacting kids for the last couple of years. I think it's a pretty complete report, so I draw your attention to those two things. Dave Putnam showed the board two maps that were presented at the sewer meeting on Wednesday showing sewer service areas, existing and proposed, and ag parcels, either with ag use codes or properties in the ag districts that don't have ag use codes.. Dave would like to prepare similar maps for the Town of Dryden, redoing the sewer boundaries, including the areas of expected or proposed extension. The board authorized him to do so. Supv Varvayanis asked if anyone had comments on the draft Sewer Agreement, Atty Perkins - I have looked at it. I agree with your comment about that one provision in there. That's not going to fly. Supv Varvayanis - Other than that do you think we should just go ahead with the 40 negotiations? Atty Perkins - There is so much left to be negotiated, it's not a good use of time right now to start worrying about crossing the is and dotting the i's. Supv Varvayanis - I agree. That one is very obvious. Atty Perkins - I've read it over and I have some minor technical comments, but they're more style than anything else, other than the obvious substantive ones, like that one. Supv Varvayanis - Okay. Let's do Cortland Road Water and Sewer. Cl T Hatfield - We need to create an agenda? Supv Varvayanis - Yes. Cl C Hatfield - What about all the issues that Mahlon brought up. He had several different issues. These are things you felt need to be addressed, right, Mahlon? Atty Perkins - Those were comments I had about the agreement and questions that you should know the answers to before you sign on the dotted line. Cl T Hatfield - I have a suggestion that's sort of a short cut from the board's perspective, but ultimately Mahlon needs to put together a contract between the parties. You've laid out seventeen issues and we need an agenda. Is there some way you can take those and put them into some sort of an outline. Then we could look at it next Wednesday and if we see anything Page 30 of 33 TB 12 -6 -00 else that we think ought to be in. If there are technical questions that we need answered, it seems like an agenda should include those. Atty Perkins - It seems that one of the things you could start with and ought to be done even before you have your meeting is I asked for some information here. Dave has addressed some of these issues and they are no longer part of this, but we need to get these lists of individual meters and properties and so forth. We need to know what the meter requirements are. Some of the things that we asked for, information we asked for, has been obtained and I understand that it makes no difference if you change the way you deal with exempting all property within the village in the levy and collection of taxes by the town provided for in highway rule 141(3) and (4). It doesn't have any impact, isn't that what I heard you say at one of the meetings Mark? Supv Varvayanis - Financial impact? Yes. Atty Perkins - So that doesn't bother us, right? Supv Varvayanis - Right. Atty Perkins - There are still the issues of the regional planning council and the intergovernmental relation council. Those are things they want the Town to agree to establish with the Village. Supv Varvayanis - I thought you were already talking to Phil about that. Atty Perkins - We have talked and we agreed that it is possible to do it for less than an entire area of the town if the agreement spells that out. 14W Cl Grantham - In my opinion the very first thing that ought to be done in terms of this Cortland Road Water District is what does the Village want to see happen there in terms of development and planning, so it seems to me that the very first thing is to sit down and talk about that. What do we want to happen in terms of planning and development right around the Village and what do they want to happen because then you can look at the outline of that. I know that it's already engineered but it seems that its a pretty important thing to do before you do anything else. If they like the way it's going in terms of development right at that area of the Village... Cl T Hatfield - I don't disagree with what you're saying Deb, but the question that pops to mind is can they be separated. Because they are already providing service out there without the benefit of a district, right? And some of those lines have deteriorated to the point where they really need to be attended to and some of those lines service restaurants and other public health issues. Probably we need to make sure that those things are moving along as they can. I'm just thinking out loud. I know we've got maybe a kind of two -track thing, but I think in terms of development, that may be part of this joint commission. Isn't that really something for that group? Cl Grantham - If we're just talking about an agenda for a meeting, then perhaps one agenda item is to actually set up this planning commission, and the other is to decide who is going to look at the technical issues of how to handle the actual infrastructure. Then just send them away to do their stuff. It could be a pretty short meeting. We could talk about what their concerns about development are at that meeting and then send the commission away to work out something and then bring it back as an agenda item at another full joint meeting and same with the technical issues. Page 31 of 33 TB 12 -6-00 Atty Perkins - The draft of the agreement doesn't address when the regional planning council is to be adopted. That could be an agenda item. Is this something that you require before this agreement and before construction. If I was the Village, I'd say yes. 0 Cl Grantham - It makes sense. Atty Perkins - It doesn't also address when the regional comprehensive plan will be adopted. You're basically talking about things which could take years to happen. If they're going to happen before the water gets put in... Cl T Hatfield - Then that raises the issue of how do you maintain what's there. Cl Grantham - So let's have those two things be the agenda items. How do you want to handle the regional planning, and if you want to do that now, I think it makes all the sense in the world to do that now. Then how do we handle the current deterioration of the infrastructure. That's all we need to do first off. That's a lot right there. Atty Perkins - That's a lot and we could also talk about will you be happy with the establishment of a regional planning council before or contemporaneously with the agreement and leave the adoption of the plan to some day certain in the future. Cl T Hatfield - Based on their recommendation and the required future action of the two boards. Depending on how long it takes them to get there it could be two totally different boards. We'd have a hard time binding them. They have to figure out how far they are willing to go on an act of faith. But set the mechanism in place. That's the discussion I guess. Atty Perkins - That and if they just got the other information that I requested that they easily could produce. A list of customers and things like that. If you want me to draft up some points for next Wednesday for you to approve, I could try to take a crack at that. 0 Supv Varvayanis - Okay. Cl C Hatfield - So after they get the agenda, they'll decide when we are going to meet, is that right? Cl Grantham - Maybe we could suggest a date. After discussion, the Board decided to suggest January 17, 2001 at 5:30 p.m. Board discussed items for next week's agenda Supv Varvayanis stated Peter Meskill has asked to address the board. Cl T Hatfield suggested the DOT /Hanshaw Road matter be put on the agenda Supv Varvayanis - I was under the impression that the MA zone just north of the Village was a primary site. Gus walked Gordon Reimels through there. He seems to like it. Cl Beck - What am I missing? The last thing I saw was the thing from the County and it was all cut and dried and they were going to... Cl T Hatfield - That's news to me. As far as Gus is concerned it's cut and dried. He wants to sell his property, but at $20,000 an acre. Supv Varvayanis - Nobody talked about price. Gus told me Gordon liked it, so I called Jim Hanson and he said Gordon liked it. I asked if it worked with the County and he said well it works with us I guess. So then the Village said well before we get all excited why don't you Page 32 of 33 TB 12 -6 -00 tell us what's happening. So I asked for a bunch of numbers like how many trucks, square footage and stuff we should have anyway. Cl Grantham - Which they've never given us. Supv Varvayanis - Not yet. I asked for it back in January or February too. Cl T Hatfield - I know that the hullabaloo that came with the proposal to put a cement plant with big trucks in that site is still reverberating around the community. It'd be interesting to see where that would go. As a site it's got a lot of advantages. It's on 13, it's got water and sewer not too far away from it. Gordon may say it works as a site, but there's other considerations I know DOT has had as they looked at other sites. So we really haven't heard back from anybody, except that they said it's an acceptable site. Cl Grantham - What I heard from the Village is that they're not set against it, but they need to know something more about it before they consider and traffic is one thing. But one of the things that they said was could there be a different entrance, and buffering. One of the things I know with the cement plant was just dust and noise and visual impact. Cl C Hatfield - A cement plant is kind of noisy too compare to this. Cl T Hatfield - Since it looks like it's going to be a boring meeting next week, why don't you ask Jim to come back? We can talk about Hanshaw Road. Supv Varvayanis - The interesting thing is I got that form and I called the head of Cornell Real Estate, Jon Mangeroni, and asked what it was about and he said beats me, I haven't talked to anybody in the County in at least a year either. He called Jim and Jim told him that it was just a copy of the one from last August that he sent to see if there were any comments. Cl T Hatfield - Maybe he's trying to shake the trees and see what falls out. I don't know where it's at, but I think we owe the people who live in the area some response as well. They were quite concerned. Cl Grantham - If they do end up putting it north of the Village, Jack might have some ideas of how the Town might benefit from it. Cl T Hatfield - There are lots of things to be looked at. On motion, made, seconded and unanimously carried the meeting was adjourned at 10:40 p.m. Respectfully submitted, Bambi L. Hollenbeck Page 33 of 33 Town cf Dryden Town Board Meeting tDecember 6, 2000 Name - tPlease Print} 7 � . *;jX/f4Oj7�j0 40A DWAY • Address F2 4ti it LAC, _/✓`'1 P"/)" tJ 4�1 td ^-G k %cam Ij j V,44,zow 8.4Z N I y ' :'� i�iiti J.11 Wile ��i o' ; 1'tm C� � ry�!y �n !] '�y��ry1 ♦p �'1 ^Y.. ++r �1�_,i.5 �^ - vV - �a..1.:�Uv VL e Ithaca : \J�.11 c. V— 1.MUD�7.1'�' of rvn oac3 ^c >:. cT 't�. brc�� to 4i.tJr_o ee�c t,le operating 'nours.close_r to the origiiz � ?:err; t issued 1yt;b cr� b , 2, 1i SLt;24� Oi sazxi aclmpar k :u *�- i nd i101iT's �O tC .x1i, OT^ tl"le ollowing dad' -201 iirsellhe corztz.11t uron-.Ir� oz alesel rotors and late night deli veries Irom large tratiOr traiabar trucits .6 �T� f di.srwtive o -'..qe nori1 l sleeDi g taws of . tole ;nelg'"D rh oca :1l o to de -Traluating tie property. vale of houses in th e area, f r , 1 it I I' KU errin. to .Loeai. Latrs of the moz -P.1 of Ryden gages 7�c8,seoton_ 1303 aricle �A! - peczal�rim y �xJ7 _Yid —Li j ) 7 �i n i ;o n e ti.,...CC�L +1 Ti 1u0' r onim �5 n y ' :'� i�iiti J.11 Wile ��i o' ; 1'tm C� � ry�!y �n !] '�y��ry1 ♦p �'1 ^Y.. ++r �1�_,i.5 �^ - vV - �a..1.:�Uv VL e Ithaca : \J�.11 c. V— 1.MUD�7.1'�' of rvn oac3 ^c >:. cT 't�. brc�� to 4i.tJr_o ee�c t,le operating 'nours.close_r to the origiiz � ?:err; t issued 1yt;b cr� b , 2, 1i SLt;24� Oi sazxi aclmpar k :u *�- i nd i101iT's �O tC .x1i, OT^ tl"le ollowing dad' -201 iirsellhe corztz.11t uron-.Ir� oz alesel rotors and late night deli veries Irom large tratiOr traiabar trucits .6 �T� f di.srwtive o -'..qe nori1 l sleeDi g taws of . tole ;nelg'"D rh oca :1l o to de -Traluating tie property. vale of houses in th e area, f r , 1 it I I' KU errin. to .Loeai. Latrs of the moz -P.1 of Ryden gages 7�c8,seoton_ 1303 aricle �A! - peczal�rim y �xJ7 _Yid —Li j ) 7 �i n i ;o n e ti.,...CC�L +1 Ti 1u0' r 7. Whoesale. storaQe and wa-ehcuse :acuities. 81 Automobiie sales. •9. Automobile car wash facilities. 10. Farming, gardening, nurseries and greenhouses. Manufacturing of machinery and machine parts. (Must comply with provisions of Section 1207(2) Industrial Performance Standards). 12: Fabrication of metal, paper, wood or synthetic products. (Must comply with provisions of. Section 1207(2) Industrial Performance Standards).. 13. Food and associates industries such as food processing, and similar processing or manufacturing activities. 14. Light assembly of parts. 15. Any other. industrial manufacturing establishments which comply with the performance standards of Section 1207(2). Section 1202. (Reserved for future use) Section 1203. Uses Allowed by Special. Permit. Any use not . specifically' enumerated` herein (except those. in- Section. 1204) shall be allowed.only.upon a Special Permit issued_ by the Town Board pursuant to Article.XIII of the:Crdinarce. _Section 1204. Prohibited Uses. Mobile home parks, mobile; homes on individual lots - residences and junk yards.. are prohibited:: Section 1205. Density and Area Requirements. For all •allowed uses: All buildings, improvements, parking areas and access- areas shall: occupy not. more than 60% of the total gross area of the site or lot. Section 120& Yards and Landscaping. 1. Front yards: All buildings shall.be at least: 90 fee: from the centerline of any public road or street, 2. Side and rear yards:.All buildings. shall be at least 15 feet from all side and rear property lines. 3. Where any:: allowed. use in a M —A' Zone is located adjacent'to an R -B Zone. or a R —BI Zone, or any residential use in a R— C.Zone, then that allowed use shall be separated from such zone or residential use in. a R —C Zone..;by a landscaped and maintained buffer . strip that is densely planted:: and maintained` with Evergreens. Such buffer strip to be -:at least30: feet wide, and_at; least 5 feet high. at planting:.and 12_ feet high at maturity. No improvement including parking areas shall be allowed within 15 feet of the inside, edge Of any, buffer strip. . 4. All lots shall be kept free of _vehicles: which are... unregistered, or abandoned or inoperable, and shall be. kept free of trash,.rubbish or junk. For the purposes of this subdivision one (1) vehicle which is' unregi.stered but operable shall be permitted. An inspection certif- .; icate.less than one (1) year old:by an inspector licensed :E by the New York State Department of Motor Vehicles shall be prima facie proof of the vehicle being operable: For vehicles which do not _ have such an. inspection certificate the owner may certify, under the penalty, of 7 perjury, that such vehicle is operable. : -kr, owners certification shall not be entitled to prima facie status as to the vehicle being operable. 5. For all uses: lot area shall be at least one acre with at least 150 feet of street frontage. Section 1207. Other Provisions and Requirements. 1. Signs (see Article XV). 2. Industrial-Performance Standards: No building permit for, industrial or manufacturing uses in a M —A Zone will be issued until the Zoning Enforcement Officer has been provided. with a description of the proposed industrial or manufacturing process. If it appears that the proposed use will not produce conditions which are noxious, offensive. or hazardous to the health, safety or general welfare of the community, a Building Permit may be issued. Special attention will be given--to the disposal or storage of any.wastes or materials that could cause or contribute to pollution of any kind. If the performance characteristics are doubtful, the Zoning Enforcement Officer. shall require a determi nation that: (a) Liquid wastes and effluent shall, be treated: and discharged in a ::tanner approved in writing by the County Board of Health, (b) Disseminated smoke shall not exceed 3 on the Ringlemann Chart. (c) Protection against fire hazards, explosion and` proper handling and storage of.combustible.mater- ial shall be approved by the appropriate totivn.fire official. (d) No odors, noises, vibration or glare will be evident at a point more than .150 feet from the source of . said odor, noise, vibration or light. . 3. Off - street parking (see Article XIV), ARTICLE XI11: SPECIAL PERMIT S . Section 1300. General Requirements: Uses by. Special Permit, where provided, shall be subject to the requirements. of this Section in. addition to the. requirements .:of. the zoning district wherein. located, to prevent conflict with or". impairment of the.principal uses thereof. Such uses shall be deemed to possess characteristics of such unique: form to the district that each shall be considered as an individual case. The Town Board reserves to itself. the :right., to consider and decide whether a Specia ermit shall be issued in each individual-case;- -- l---.- Section 1 "301. Existing Uses. Uses existing at the time :of adoption of this Ordinance and falling within the category.. of "Uses Allowed by Special Permit" may continue:indef- initely, except as otherwise noted in this Article,,but shall, not be enlarged or expanded until a Special Permit' has been issued. (See Section_ 1.701). In such ..cases where: .. enlargement or expansion is proposed, a Special Permit.. Will be issued only if the supplemental regulations.. and conditions of this Article have beem.complied wiih or a varian`ce�has been granted by the Zoning Board 6f Appeals: 5 [l !f�'puL`'i: ='? »�i_i 1C: ui::'_ ?_ i` ?iCSi J L' C .��'.Ld(.:-�ilI USCS 110': e..". ov illls,�rd {iIli:1 CC, paS `fRY'Cii aS f y : �1 fry �� j-L�i �i: �..� ' -1 i�T: LJ�:0 '!1F:' Vii L o�un �UVQ-� `i 311:inc,s •jriLL e u h 'I '"fy `at least tiii, .aill.a Nlat 0 a ya� LIG3 V li, ?�tl: .�. J..Ciu SnCr,1 e a il .. .:. .:. feei : l:. cC�OC :i:: i . t se . t x f ear,,n o of- str llg saaCC p =liea i^ le r ia .''l, owin; :1.902 of_th.1S.0rdina.1ce. sciledule: 4 s n� —r�e siac, e„ iiing. dweel in a � uS i. ��r I1 1 n ._ \ ?. i pelJal_ J i 4 rrtte alp+ 1 C: rnIOTCernenL: vII? C^ 0 �iir i s> S1.� a where o= spaC� pLr pLrsC ,Shall be rec;aireu. i i'vil (ice liiCillde the 'Oliv:4'licg: �. 'cr enCn taunst r0041:'. —Oise Sr)aCe .,.tier tourist room, ia; .1�arit. OI ali3 iCr.... a::C J;it .. JT =i C J:_i.i..._.. .:. ..,_ .. CIli1Is'il —:.. C 5 }Ja.:., ior Z C h (1)j :.L' =g311y reC reed dCSCrlI tlOn 0l rC ,i1ScS., sC »;eil, s ror -%a educational bulidln r,' -Orie S`CL C 10, each :. (C) ,. U =SCrIpIlOn Oi i rOpOSi'd Ube, inClliGlnl_ pa n� � = ,r e"rl+ IO's'tildentS. cull ;satiee and one space r� . facilities if requh -' da. - `-" �. i or a Community CerizCr-OJr other Civic or semi- publlc (d) =A legible. sk etch oraivn to an aprroxii i<ae scale r r I Structure one space for each 200 square feet.of grass showing siLe of building or st:ucn.T. � and c.1^atlOri r premise": Tl aor space plus or.: space rot an each erlpiayee. (e):..5 .t�ai� .di ;:osaiai.d Ater suj]piv llii:i; CXISil:.1l ^Ur ?a 3iI1C Or pCiVizz %.' DarICS Or IilaVgr(iUridSril T117Ie spa CC to accolnrriodate the parking requirements of the :a;;:pranosed, . tobether faith 'iarnpitins County exoccted use. `I-fealth Lepartnlert �mrtificatiar. ,�_ 71 ror commercial recreation facilities —one. space for Or u�ifiiLC: ,. t. 'l a ... .t o ... C . . Ca .i 00 square feet' of spate en.,Iosed' °for indoor Q � statement oy a-i;licaait a praisi z 't i st of fa4itltles plus, space fay.Lacli:5Oflfl � pare feet or (J I . p_ P. .q or us On ?dJ3CPnt: prow ii.;S �n{� deveiOL- rhajor fraction thereol.. tip t0 IO,SpaCes; and thereafter; Ment'ai Lile:ieigllor:rrc)cd. one space for. _evel'y::20;000 square feet, `ar, raajar_ {h� the fee for u spit al pc iZrlt sill iI l e 3 f:. zOrLi1 is iraetiorl tiiereaf, of outdaorLaclities: ; �ir°t1CIe : iy i`' +r. iGr a resmurant, Cililil, lodge Or similar Ilse —One space iv_` e` .ery 75 square is et of groSS.�Oat area. { Q .? !"�� v+, -i 1 I.a reaching . >.e_ L.i 11_ - co rderthe icilo4v ing: � oil aA y retail carilraerc�ai use- -2 squa feet. of. paritiilg (a) i�irtleLiler'-eCtio<1 1�7�.i riCisili'EIIi ii'S li »'!� i�Cyri SS3^_LelOCach`yll $ rZfoaiofgrossiigorarea .., met 0 ?rofessiona' office:, studio ar. bark: —ogre .spat: far (, ;� r; =well iG? square feet vi gross taor area plus ore Spaee O� The. e. ..le lOC 1L.0 1 Lilt use, a P..i fi1G :u:1,r•� .. >L1 ; Intetlsit1 of o�/zrati..�i ��i €I .be ;n .;Jn'' .Vith e : .qr c�ch em ioyee. . i. n 1 „ r th p allowes3'.uses of tfii yore or lleigil'oo_ i� 1 !. :'t I ror research offices and laboratories—one. spa for 1 , L •� .. ; boil ?fiU`sauare EeeL of dross iigor area or one space (cl " Whether t.re use wi.l be mory o,�; .1111iz1i,+ _ , . depreciating o ac�acerrt.anp'nearby praoer its (by . far each t�vo Employees. wor�ing on the largest shift, . r whichever is greater . xrason :of tramic noise, . Vibratloil, dust% fu;nes; 6. SIrlal>e, _adOr_ tiro, lilt =a. d: glare, `''3S 11rr?.11� 12TS 3r IO Komi✓ occupation —ill acldiLlL`n is the dLVelilTlg unit` = ' alspasai?ai wastM or-sewage)' tl an ibe, o C&Lad iOil of requirement, ample' spats' t0 i?CCorarnodate. arlcing. rile all uses of ,,e zone. -requirements ai:the expected use,- 1 F(d} Whethor the use will discourage or. hinder the E) ror hospital, clinic,..nursin(Y hern e hotel., motel or at) IO slate develapmenc brit: Use Of adjate t 7rdp- Simlilar u'se--- onespa4 for.eacil two. �JeaI :Sa7aCe,plliSOri 1. r ;eXties'oi.ilel:?nFiorhood space for each emalo' as r - .. ..; .. (e) Whether u non residential use s:isacent to .an ... c4 _.,or' all: machinery display and repair uses —one space = �istang :.resider ial. use, shall be , c:e. red 'ay a �� fwr ;each erployee ottzs one space for each :5,u'OO square } landscaped buffer st ig ax suitable'fentin_;, feet, or rna)or fraction thereo7,:oL brass lot oleo VVliether heart', safety und.generai w elfare ai the5 tar, a manuiacturitlg,. assembly or : ,other industrial ` communit�� Inay be aversely affected. usz one space'for each two employees f CIS ror lumber, buiiain materials and-,.w. other. 3unila.•. ....CIE ?(Ili: OI~F STREET rARKING� , g':. sl=ora C Y Ura,, Vi1G A Q6ar.lU1 Gcu.u' Gll` lU GL-. luJ. VuG P #tom 11800 Off street :narng space shall ire provideds space for each'';5,000 square' "feet or mayor fraction e I , e Der, spe id shat' i be pav„a d f se e >ltlons: thereof of gross storage area ¢aving�l drained; rrialrrtame4,. d prot'ided avith necessary access driveways ill such' ;asking spaces small.be consid= 17. rot wnoiesalP, storage >aria. ;warehouse facilities —one =tell to be rcqui.ea' space' on the ;Iat an t,Y hicl they are space for eat h two eniplovees. . IcCat�itII1CSS`_otlle ^wise StaLec, ..nit S fail i0t tlleriiCr.°'l7e 18: 1~at ail 5yPliCe LS:S SucYi':.S 7ri ling, •.welding, Alur "fng encrflachcd -upon in any - manner.. and si ila.: shops one space, for e4c;l r. napioyce,'or