No preview available
HomeMy WebLinkAbout2001-06-06TB 6"i-Ol TOWN BOARD MBBTJ2VG .Fume 6, 2001 x Board Members Present_ Supv Mark Varvayanis, CI T Hatfield, Cl Ronald Beck, C1 C Hatfield, Cl Deborah Grantham Other Elected Officials: Bambi L. Hallenbeck, Town Clerk Jack Bush, Highway Superintendent Other Town Staff` Mahlon R. Perkins, Town Attorney Henry Slater, xning Officer David Putnam (TG Millers), Tawas Engineer PUBLIC HEARING SPECIAL PERMIT APPLICATION OF CINGULAR WIRELFAS TO CO- LOCATE A WIRELEW COMMUNICATION ANTENNA ON AN ECSTING TOWER AT 629 DTI` PLANT ROAD At 7:10 p_rn_ upv Varvayauis opened the public hearing and Town Clerk read the notice published in The fthaca Journal. Greeley Ford, Project Manager for ingular Wireless, explained that they would like to co- Locate a couple of antennas on an existing Eogle Droadeasbng facility on Mt Pleasant Road. bb It is an existing structure thall has been there since the 1970's. There will be a prefabricated equipment $belter located at the base. They have offered to install additional fencing around their facility and around the guy anchors. This site (the second one in Town) will improve service around Che Town of Dryden. The site was chosen because it fits within the grid and they also wanted to comply with the Wishes of the ordinance to co- locate if possible. The Route 13 corridor will -benefit in coverage from this additional site_ Shirley Egan, Associate University Counsel, has wriffitm to Town stating that the University objects to the issuance this permit viAthou Il their consent as it owns the property on wWch the tower is located and that it is not prepared to give its permission at this time, When asked by Supv Vwvayauis whether she had anything to add to the letter Ms Egan responded that she did not.. Atty Perkins - The application speaks for itself. It chooses the use of an existing tower which is a favored approach_ 1 think the issue with respect to the complete application can he dealt with by a waiver if the Town Board feels that the applicaition is otherwise complete. It seems tome it's a matter between Cingular and the lessee and the lessor, not the Town_ Supv Varvayanis showed the letter from Cornell to Mr_ Ford. Cl Crantham - So, if we give a permit, it could only be exercised if Cornell agreed? Atty Perkins - 1 wasn't suggesting that zt be conditioned on Cornell doing anything. I theme the relationship between the lessor and the lessee and Cingular is outside of the province of this board_ That's up to them to work out_ PzkgC 1 of 23 TB G -6 -0! Cl Grantham - Thal. s what I mean. If we gave a permit and Cornet chooses not to allow it to happen, they still can. Ifs not up to us either wav, Atty Perkins - Right. That issue is not before this board- Cl Grantham - hawever, do we have ax y business giving a permit if this is going on? Atty Perkins - I don't we any reason why the Town couldn't doing is giving permission to d.o something that's otherwise lawful. contain a condition that they comply with all applicable ather requ fnrlh. They've gotten by us, thats all. It's still up to them to make violation of any lease provision, give a permit- All you are All the permits we give Lrements, approvals and so sure they are not in upv Varvayanis - I thought that Cornell's position was not that it was in violation of their lease to Eagle Broadcasting, lout it w in violation of our tower ordinance- Atty Perkins - But you can waive 11-ial: technicality. Certainly Eagle is there and yo%a have Eagle's permission and Eagle accupies it under a 50 -year lease. For our purpDses, I think ChM's probably sufficient. C1 T Hatfield - Given the overall purpose orenrour i co- location, everyth� rn else here seems to be in order accnrdir g to G- r consultants. G Ford - May I bring to the Doard's attention Exhibit C, which is the lease between Cornell University and Eagle Broadcasting. If you turn to page 10 where it says sublease or assignments. I'll read it out loud= 'The tenant shall. gaol; assign or sublet or permit or suffer the premises or any portion thereof to be occupied by any party other than the tenant, its ofFLcers and employees and it customers, agents and invitees in the normal course of tenant's business, without the express writt, - consent o£ the landlord. However, it is agreed that: I:he consent of the landlord shall not be required for the assigemment or sublet by tenant to a successor or to a subi:enanl: in the operation of a ra.diu station or for comm unic�Ltinn purposes-- Tenant shall give Landlord notice of such assignment or subletting. Landlord shall not be obligated to give its cozisent f:o the a,%,%�gnTnen1: or sublel:l'ing of the premises for any purpose which is not a permitted use." So I would take it by that that Eagle Broadcasting does have to notify Cornell, but they don't have to gee permission- floc fiat us anyway, because we are a communications company. 3upv Varvayanis - I take it slightly differently. I think they have to gal: permission but I thinly Come]] is obligated to give it, G Ford - It doesn't say thal:- upv Varvayarzis - Tt says they're not obligated to give permission for a non - conforming use, which would imply they are obligated to give it for a conforming use, C1 Beck - )Neither way, it's not our jurisdiction- 1 T Hatfield - It's obviously a contractual matter. Shirley Egan - That's one clause o the contract. I'm mr y, I don't think it 1% a matter for the Town Board to have to wade into, We merely expressed our concerti that we had not even been asked in accordance with the Town's special site plate review foz i:his tower, we had not even been asked to sign as an owner Of it. The languages in question here chat was quoted here I don't think is whack's relevant. The lease Ua fact has to be zeneg+otiated in order to permit 4 this additional use. o e are not even to the cozasent �:o assignment. portion of this lease ,yet. Page 2 of 25 TS 6-6 -01 That's what's been under discussion between the parties for the last 18 months. But again, I don't think that's something that this Board has to arbitrate. I don't mean to draw,you into it, We merely informed the Board that we had not been asked to give our permission and in face dirt not. give our permission under the Town's la.w. Ken Cowan, President of Eagle Broadcasting - I'm not an afflorney and I don't wish to make any legal opinion on this contract, except that I have talked to a tower corporate attorney and he told Joe that it was very clear that we have done everythixg that needs to be done. We planned to inform Cornell that Cingular was coming up here after we got fbe approval from this Board. There have been no negotiations to renegotiate this contract whatsoever. I received several phone calls from Cornell on completely different subjects and I respectft lly disagree with D-liss Egan as deeply as possible. I have a copy of this clause on the contract_ Supv Varvayanis - l have to agree with Mahn -a. I don't think tl^�at's mmething we should get involved in_ CI T Hatfield - We'll just deal with the application that we have, and let business conduct itself. CI Grantham - So as long as Eagle Broadcasting gives it's permission, under. our Town Law that's sufficient? Atty Perkins - I believe so, yes. Any rights singular gets has to come through F,ag1e. Supv Vatvayanis - If there are nn more questions or comments on this issue, I'll c]ns+e this hearing and move on to our next site. 40 PUBLIC HEARING APPLICATION OF INDEPENDENT WII?E[.ESS ONE TO CO- I.C)CATE A WIRELESS COMMUNICATION ANTENNA ON AN EXISTING TOWER AT 204 WALTER ROAD Supv Varvayanis openers the public hearing at 71L22 p,m. and Town Clerk read the notice published its The Ithaca Journal, Margaret Smith, Independent Wireless One zepresentative - The application was submitted to your consultant, hick Corm, and we've worked with him, He's deemed it complete and any questions you might Dive, I'd be glad to answer. We're co4ocating on an existing tower, We'e submitted views of it_ It's an unm arx ;finned site c will be. visi +v ted approximately once a month by a technician. Dori Bakes, Walker Read, stated that her property borders Dedricks, and she lives on Walker load, in the Town of Virgil, Cortland County. She did, not receive any notification of this application. ZO $later said that he head notified the Town of Virgil and they should have contacted her. Mrs Bakes stated that it was up to the Town of Dryden to notify her directly. She was not in favor of the tower in the first) place, did not agree 1.n the addition on it and she is not agreeing to this. She states they are cluser than other people who were notified of the hearing and that when she wanted to do wmcthir in Virgil she had to send cerdfied letters to those people in Dryden who bordered her. Supv Varvayanis pointed out that she was now here expressing her opinion_ Mrs Bakes stated they were not notified of the 911 tower that is going up near them and it affects them more than anyone. ZO Slater apol4xed to Mrs Bakes for not sending her notification and read language from the tmvn's tower ordinance stating that property owners withi,rr 1500' of the property line [�Iagc 3 of 25 TB OwG471 of the parcel an which the tower is located were to be notified in writing of the public hearing. Mrs Bakes stated they are within 1500'- upv Vary ayarlu S1,3 rested that sine property owners in Virgil had not received notification ' writrng that the hearing be adjourned until next month and notify those property aivn.ers in Vi - l- Z. $later explained that notification was made pursuant to the list provided b the applicant, and he believes that Ms Bakes' progeny ie about 1700" from the road. The board reviewed the map submitted. urilh Lhe application and was unable to determine from it whether Mrs Bakes' property fell witli n the 1.50or racliuS- Ms Smith did not want to adjourn the hearing unlit July and Supv Varvqyanis explained Chat Nit ce there may be a question of whether proper legal procedure was followed and there may be a lalkvsuit, it makes more sense to have a- p operly noticed public hearing- Cl Beck asked Mrs Bakes to stale hal' her specific objections to the tower are, in addition to claiming not having been properly noticed. Mrs Bakes Ntated that the towers/ antennas interfere with their te].evi:;;ion reception and their i'ei.epbone and her husband has last his thyroid after oma of the towers was erected, Rusty Mom -ns is concern interferenm because that would with other communications. He deal with that. ZO Slater stated Bakes' house and U-ie Town has at their house, ed with the stalnment that the towers/ ant .wnrias are causing mean (hat a user is transmitting of frequcney and interferir asked ZO SlacteT To call him in the morning to discuss how to that the County tower is situate directly across from the no control aver it- Mrs Bakes stated that tower is aimed xighI, Smith stated that they have to submit that they are within their spectrum and have te,�ts done annually to show that they have not gone outside I]zeir spectrum, That can be rei.imvved by the Tour's consu1.tan.1;s- Atty Perkins pointed out that on the survey by Clough Harbour submitted by the applicant there is a property within 1 C}0' that was not notified, He also stated that the local law does not say anything g ab -out notice being limited to those udtrhin Town boundaries. C1 Grantham asked ZO $later to add Mrs Bakes to the notification list, regardless of whether the was within the reels red distance- Atty Perkuas � i think what; you need to do is provide an area map that: shows where that 1 (iD' radius falls axid all the properties within it. This just shows 1500' jn one direction. ]t doesn't show 1 500' to thin, north or to the south or to the west. This so- called comprehensive site plan apparently is not very comprehensive. Afi:er further discussion, the Board decided to reschedule the hearing for July 1.1 which would allows time for the applicant to prepare a. ne.vr map and for Comi Communicatinns time to Iouk at the spectrum issues. PUBLIC HEARING APPLICATION OF JAMES BROWN FOR SPECIAL PERMIT MODIFICATION TO PROVIDE COMMERCIAL) HOUSEHOLD GOODS STORAGE AT 1131 DRYDEN ROAD Stxpv Varvayards opened the public he aring at 7:45 p-rn- and Town Clerk read the notice publisher) in The Ithaca Journ al I Jinn Brown explained that the building at 1193,1 Dryden (toad is large and using it for strrrage would not require any additional employees, as it would be self- storage, self- service, Pago4of25 TB 6-6-01 He does not anticipate any noticeable extra traffic. Mr. Broxvn noted that in the time his • business has been at this address he has tried to be a good neighbor as he realizes there are residential as well as commercial areas in the vicinity. They are pleased to be at the location and would like to make a slight modification in their permit to be allowed to store household goods and personal items and business items from buildings, offices and homes. They do disaster restoration and after the items are cleaned up and /or rebuilt, they hold items for the insurance companies until the items can be restored to their original location. This self - storage addition would be compatible with that and he is anticipating 50-60 storage units. Mr. Brown pointed out on a sketch the area of the building to be used for the self= storage business. There will be "cages" for customers to use for storage of their items. ZO Slater stated the area would be inspected to be sure the exit path is clearly identified and unobstructed. Mr. Brown stated that customers would not be allowed to store anything that is fliammable or any kind of food items. He said this is a good use of space that is not currently needed for his business and provides additional income until such time as his cleaning business expands and needs the space. ZO Slater stated that the current standard conditions of approval would be sufficient for this permit and other previous conditions should be kept in place. Jack Ford of Oakbrook Drive staged that he has a right of way over this property and according to ZO Slater, Mr. Brown had agreed to keep it open. Mr. Ford stages that Mr. Brown and /or his tenants block the right of way and /or the road. The right of way has been in place for over 50 years. It was noted that Mr. Ford does have other access from Oakbrook Drive. Mr Ford was concerned about two red barrels that had been outside the building for a few days and wondered what was in the barrels. Mr. Brown stated that someone had asked him to pick up a few empty barrels from Seneca Supply and they had been picked up by that person. • Another friend of Mr. brown's had parked his tractor trailer on the side of the road for a fear days. Supv Varvayanis closed the public hearing at 8:00 p.m. PUBLIC HEARING APPLICATION OF BRUCE BAKER, B & B FLOORING, TO RELOCATE EXISTING BUSINESS TO 2215 DRYDEN ROAD Supv Varvayanis opened the public hearing at 8:00 p.m. and Town Clerk read the notice published in The Ithaca Journal, Bruce Baker displayed a site plan of the property shoving the existing buildings and the location of the building to be built and driveways and parking. He is requesting a permit to build a 5000 square foot, single story, stack built: structure to house his existing business, cinTently located at 20 Elm Street in the Village of Dryden. The will utilize the existing septic and well. The new building will be finished in the same appearance of the current commercial building (horizontal siding, asphalt shingles). The building will be used for showroom, offices and storage, to house the business in its entirety. The existing buildings are currently used as residences although one was originally built for commercial use. There has been no written response from the Tompkins County Health Department, although they have verbally consented to the connection of one toilet to one of the existing septic systems. ZO Slater's assessment of the site distance is marginal for truck traffic at 60 mph, and he noted that is assuming that they can get up to 60 mph at that point. The 45mph speed zone ends about 300' down the road, but he thought it: was better to make that analysis due to • traffic volume on that road. Pale 5 of 25 TB 6-6-01 There are 42 parking spaces allotted for the facility and Mr. Baker painted out the parking plan on the map. He expects three to fine truck deliveries per week. • Supv Varvayanis closed the public hearing at 8:10 p.m. and opened the Town Board meeting. With respect to the application of Cingular Wireless, Supv Varvayanis stated that it appears that Eagle Broadcasting has to obtain permission from Cornell University for the co- location, however it seems from their contract that Cornell must give it to them. All other requirements of the ,rown have been met.. The Board reviewed the environmental assessment form submitted for the Cingular Wireless application (contained in file). RESOLUTION # 138 - SEQR NEG DEC CINGULAR WIRELESS ONE CO- LOCATION AT MT PLEASANT ROAD TOWER 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 Cingular Wireless to co- locate on an existing tower at Mt Pleasant Road in the Town of Dryden. 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. 2nd Cl T Hatfield Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes Cl Beck asked Atty Perkins if he was satisfied that Cingular One had met all the Toum's concerns. Atty Perkins - I think that with the one issue being addressed, that is whether the owner has signed, if you want to grant a waiver under Section 29 of Local Law #2 of 1998, then that issue would be taken care of and you could deem the application complete and be free to act. R Monroe - We have recommended three conditions. One, that a $25,000 removal bond be in place with the Town prior to the issues of the building permit and start of construction. Secondly, that we with the assistance of Cingular complete a review of the structural integrity of the tower, foundations and soil at the site, and certify to such prior to the issuance of a building permit and start: of construction. And three, that the Town receive from Cingular Wireless a Certificate of insurance demonstrating the existence of the required insurance prior to the issuance of the building permit and start of any construction. G Ford - According to your ordinance I believe it says that the Town has to remain an additional insured, and I question that because the structure and the property are not owned by the Town. I would think that we would need proper insurance for construction and so forth, but not name the Town and the consultant as an additional insured. Atty Perkins - The purpose of it is for liability should the Town be named a. party in any action involving the tower. If the tower falls down and damages property or injures someone, and the'fown gets named as a party we want to make sure we are additional insureds. Page 0 of 25 TB 6-6 -01 Supv Varvayanis - Is there any reason you object to having us named. G Ford - It just seems unusual when you are not the landlord or property owner. R Monroe - The Town does have potential exposure as the entity that issued the permit. G Ford - I'm just asking, I'm not objecting. Cl T Hatfield - On the Section 29 waiver, do you recommend we do that by separate resolution, or can we do that requesting. as part of the approval. Atty Perkins - I think you ought to do it by separate resolution. It's relief that they're requesting. It really doesn't have anything to do with your approval. RESOLUTION #139 - WAIVE REQUIREMENT FOR CINGULAR WIRELESS APPLICATION Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board, under Section 29 of Local Law 2 of 1998, hereby waives the signing of the application by the property owner in connection with the application of Cingular Wireless because it has been signed by the lessee. 23)r' Cl Beck Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes RESOLUTION #140 - APPROVE CINGULAR WIRELESS APPLICATION FOR CO- LOCATION Cl Beck offered the following resolution and asked for its adoption: WHEREAS, Cingular Wireless has selected the'Town's number 1 priority for location; �T WI•IEREAS, Cingular Wireless has requested certain relief from the Town's Ordinance based on co- locating on an existing facility, and the Town's consultant recommends granting the relief as requested in the application; and WHEREAS, the Town's consultant has determined that Cingular Wireless has complied with the requirements of the Town's Ordinance for a co- located wireless telecommunications facility; NOW, THEREFORE BE IT RESOLVED that the Town Board of the Town of Dryden, New York issue a Special Use Permit to Cingular Wireless to Co- locate a wireless telecommunications facility on an existing tower located on Mt. Pleasant Road in the Town of Dryden, New York to provide service essentially within the Town of Dryden with the following conditions: 1. That a $25,000 removal bond be in place with the Town prior to the issuance of the building permit and the start of construction. Page 7 of 25 TB 6 -6-01 2. That Comi Telecommunications Services, with assistance of Cingular Wireless complete a review of the structural integrity of the tower, foundations and soil at the site, and certify to such, prior to the issuance of the building permit and the start of any construction. 3. That the Town receive from Cingular Wireless a Certificate of Insurance demonstrating the existence of the required insurance, prior to the issuance of the building permit and to the start of any construction. 2nd Cl C Batfield Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes G Ford on behalf of Cingular Wireless thanked the board for their time and dedication to public service. Cl Beck - With regard to the Wireless One application, do we need to move to continue the public hearing? Supv Varvayanis - We asked Henry to reschedule for next month. Atty Perkins -What: you should do is make a finding that the application is incomplete and that it can be rescheduled as soon as that, provided Henry is given all the required information about all the property owner. Cl Grantham - And the spectrum analysis. Atty Perkins - I think you should adopt a resolution det:ermumig that the application is incomplete and specify what it is you are looking for. RESOLUTION It 141 - DETERMINATION THAT APPLICATION OF WIRELESS ONE IS INCOMPLETE Cl Grantham offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby determines that the application of Wireless One to co-locate on an existing telecommunications tower on Walker Road in the Town of Dryden is incomplete and that upon receipt of the following a public hearing will be scheduled: 1. Complete list of landowners; 2. Site map that shows all landowners within the circle of radius of 1500 feet; 3. Spectrum analysis. 2nd Cl C Hatfield Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes Cl Grantham stated that Mr. Brown is talking about 50 -60 storage units so traffic should be discussed. Mr. 13rox«h stated that most people will store their belongings and may Page 8 of 25 TS 6=6 =01 return only once or twice in a year's time. Board concurred that it would probably not generate much traffic. Board reviewed the environmental assessment form in connection with the application of Jim Brown (contained in file). Joyce Gerbasi stated that Mr. Brown had said he would not allow any flammable materials to be stored, but she would like to see some restrictions on what types of materials are allowed if there is no environmental impact. RESOLUTION # 10- SEQR NEG DEC FOR APPLICATION OF JIM BROWN FOR SELF - STORAGE UNITS AT 1131 DRYDEN ROAD Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board issue a negative declaration based on the SFQR review for the special permit application of James Brown for self - storage units at 1131 Dryden Road in the Town of Dryden. 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. 2nd Cl T Hatfield Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes ZO Slater - Mr. Brown has asked for the storage of household goods. Typically you wouldn't find hazardous materials in household goods. If you restrict it to as applied for and in conformance with item #3 of the current standards of approval, I believe you have it: covered, keeping the prior flammable issue as you handled it three years ago. You have to also remember that there are certain restrictions that the building codes now place on Mr. Brown and his storage activities in any event. Cl Grantham - What are those restrictions? ZO Slater - There will probably be no liquid flammables of any type permitted in that type of construction. No hazardous materials in that type of construction because there wouldn't be any ability for containment, so they wouldn't be permitted. From what he has explained to me he is looking at this as a place where you store your summer clothes in the winter, the furniture while you're having renovation done, materials of that nature. Granted furniture is flammable and is a hazard, but a very low hazard. It is something you can store there. Cl Grantham stated there are many household chemicals that are hazardous for reasons other than flammability. ZO Slater - But those aren't household goods, those are household products I would say. So if you kept it to household goods, wares, not: products. Theoretically if you stored your lawnmower there you would have to drain it of all fluids before storage. I can't assure you that will happen because it will be dependent on somebody to see to it that it happens. if that's in your lease policy, you're somewhat covered. J Brown - And I can put signs all over the place stating that and I can remind them. And of course no smoking in the building or anything like that. Page 9 of 25 TB 6 -6=01 Cl Grantham - We need to update the standard conditions of approval to July 2000. We had hours of operation 9 -6 Monday through Friday, Saturdays by appointment, and no outside storage of trash. We could add no chemical storage including household chemicals. Board discussed with applicant the hours of operation. It was noted that people would want to access to their property at other than normal working hours. The self storage operation will be 24 hours and the rest of the business should remain as it is. Atty Perkins noted that this is a separate special permit application, and Mr. Brown already has a vested right in the other permit. ,, Cl Grantham asked Mr. Brown to provide some sort of indoor trash receptacle for this portion of the business. RESOLUTION #143 - APPROVE J BROWN SPECIAL PERMIT FOR SELF - SERVICE STORAGE AREA Cl Grantham offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the special permit application of James Brown to operate a self- service storage area at 1131 Dryden Road, subject to the following conditions: 1. Standard Conditions of Approval (7- 1.2 -00); 2. Hours of operation shall be 24 hours per day, seven days per week; 3. No storage of hazardous chemicals; 4. No outside storage of trash. 2nd Cl C Hatfield Roll Call Vote C1 Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes ZO Slater reminded Mr. Brown he would need to file for a construction permit. Board reviewed the environmental assessment form for the application of Bruce Baker, B & B Flooring (contained in file). RESOLUTION # 144 - NEGATIVE SEQR DECLARATION - B & B FLOORING Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this'rown Board issue a negative declaration based on the SEQR review for the special permit application of Bruce Baker, B & B Floorin& to relocate his flooring business to 2215 Dryden Road in the Town of Dryden. 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. 2"11 C1 T Hatfield Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Page 10 of 25 TB -W)l Supv Varvayamis Yes Cl C Hatfield Yes l Grantham Yes Cl Beck noted that the B & B Flooring applica_Eo-n lacked a drainage plan and haaith department approval and ZO 'Slater stated that the standard conditions of approval would address those issues. RESOLUTION # 14B - APPROVE SPECIAL PERMIT APPLICA'T'ION OF B & 8 FLOORING Cl Grantham offered the following resolution and asked for its adoption: RESOLVE, D, that this Town hoard hereby approves the special permit application of F3 a B P'lnoring (Bruce Baker) to relocate his flooring business to 2215 Dryden road, subject to the following conditions= 1. Standard conditions of approval (7- 12 -00) shall apply; 2. Hours of operation shall be 9:00 a. m. to 5,00 p.m. Monday through Fridav, 9:00 a, m, to 1:00 p.m_ Saturdays, and clo%ed on Sundays, 2nd C1 T Hatfield Roll Call Vote Cl Beck Yes C1 T Hatfield Yes Supv VarvayanLs No 1 C Hatfield Yes CI Grantham Yes Supv Varvayazus stated that he voted nn because he did not like the site distance, Supv Varvayanis - I have been in contact with Bernic Thoma, He thinks hopefully with luck we'll have a closing on the Cayuga Preis/ HUD matter, It might be done before I leave on the 12th. Must in case it's not, I'd like to give approval for Deli w sigh the contract, ►l ty Perkins - I think Bernie sent you a sample resolution and I think in the second line of the resolved }provision, just add the words "or in his absence the Deputy Town Supervisor" and that will cover it, Supv Varvayanis - Bernie offered to came next week and give any presentation you may want, Cl T Hatfield - I think we all have a good handle on this. Unless someone else thinks we need to, i think we should get it to HiJD as fast as you cart_ Supv Vaivayanis - Ir.'s mipposed to happen any day. Just remember If you hear anything, get ritl contact with Diaiane right away so she can get the money on its xvay. Atty Perkins -'they still owe us some documents, If you pass t.£Zis revolution we'll Ire ahead oftheru_ Cl Grantham - I'm out of town Jude 19 through the 30th_ Atty Perkins - Mark will be gone also. Pige 1 ] of 25 TB C -6-01 RESOLUTION #1146 - AUTHORIZE SUPERVISOR TO SIGN LOAN DOCUMENTS FOR CAYUGA PRESS/ HUD LOAN Cl T Hatfield offered the following resolution and asked for its adoption: WHEREAS, the Town of Dryden has heretofore made application to the United States Department of Housing and Urban Development ( "HUD ") for a grant under Title I of the Housing and Community Development Act of 1974 (Public Law 93 -383), as amended, through the Small Cities Community Development Block Grant Program (the "HUD Grant'j; and WHEREAS, such application has been duly accepted pursuant to conditions by HUD, and the HUD Grant in the amount of $400,000 was awarded to the Town on August 11, 1999; and WHEREAS, the Town %vishes to make a Loan to Cayuga Press of Ithaca, Inc. in the amount of $385,000; NOW, THEREFORE, the Town Board authorizes the `I own Supervisor, or in his absence the Deputy Town Supervisor, to sign all required loan documents based upon the recommendations of the Town Attorney and issue a check for $385,000 in CD13G funds to Cayuga Press of Ithaca, Inc., conditioned only upon final authorization from the appropriate HUD official. 2nd Cl Beck Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Vaivayanis Yes Cl C Hatfield Yes Cl Grantham Yes Supv Varvayanis - As far as the computer service contract, we only got one proposal, from Davelle Officc Equipment. Cl C Hatfield noted that they service Cotterill Agency, Town of Cortlandville, Town of Danby and Newark Valley. Cl 14 Hatfield stated they are local. RESOLUTION # 147 - AUTHORIZE COMPUTER MAINTENANCE CONTRACT Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that. this Town Board hereby authorizes the Supervisor to enter into a contract for computer hardware maintenance with Davelle Office Equipment based on the proposal received. 2nd Cl Beck Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes Supv Varvayanis noted that the contract with the Project Impact: Coordinator was for six months, to expire the end of June. ZO Slater stated that Matt Shulman had been doing a Page 12 of 25 • TB 6 -" 1 very good job and feels the town is getting its money's worth. Cl Grantham said from everything she has seen he is doing agood job. Supv Varvayanis stated the contract could be extended for another six mcmths, or at the pleasure of the board. Atty Perkins - I think he is clearly an employ" end shimld be treated as such. Cl T Ratf.eld - The major issue of whether we put him on the payroll or not clearly comes down to casts associated with an employee versus an independent contractor and some risk that you assume if you've got an employee as apposed to an independent contractor who has provided us with a certificate of insurance, The IRS has a seven or eight point test which could make him an employee- risks. Atty Perkins - It's not just the IRS, it's workers' comp, dbl and sn forl;h. Those are the Cl 33eck - Maybe we should look into that. C1 Grrantham stated that at Cornell they have tetaporary positions which are contingent on funding- Supv Varvayanis stated that Mr Shulman does have his own consulting business out of his home, but he ends up doing most of the worlr }here and where he does it is one of the tests, After further discussion, the hoard decided to extend the contract until the end of August, pending investigation of the employee f independent contractor issue, RESOLUTION #148 - EXTEND PROTECT IMPACT COORDINATOR CONTRACT Cl Beck offered the fa11r�gl"ng resolution grid asked for its adaptron: RESOLVED, that this Town $card hereby extends the contract with Matt Shulman as Project impact Coordinator unli] August 8, 2001, and the Town Supervisor and Town Attorney will investigate the ramifications of considering Mr, Shulman as an employee of the Town. 2nd Cl T Hatfield Roll Call Vote Cl Seck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes C1 Grantham recused herself from the following discussion; ,john Heintz, representing Cornell University and the Lab of Ornithology - We are here tonight to request the Board's consideration of the relocation of Sapsucker Goods Rand in accordance with previously submitteel documents- since the last meeting that; we attended, we're been working closely with Mr. Perkins and we feel that, we've been doing a goad job at getting to where he wants to be and providing him with the assurances that he was looking for at the last meeting. IT let Mr. Perlans address that, but we are looking for an approval tonight that woidd allow us to start cornstructionL Atty Perkins - Since we last visited this issue Cornell, through the efforts of John, has provided us with the following, We have a copy of a letter from the Department of Transportation to Cornell agreeing to sell to Cornell this property for the appraised price. We have a copy of the letter from Cornell to the Department saying "we'll do is " - That isnl done; they don't have title to it yet, but obviously that would be something that could be or should be addressed in the agreement. We have also received from them a draft of the survey, a draft Page 13 of 25 -M 6= ==01 description for the deed- This afternoon I received two abstracts of Efle whidj 1 have looked at only very quickly, together with a. proposed deed and some other information. We have received anti we've been negotiating with NYSE the farm of the easement that is going 0 to grant to NYSEG NYSE and I:ben the '.mown vn1l take title subject to that casement and I think wid-i the exception of one issue, that has been worked out satisfactorily. I did discuss this witi� �Fack earlier, Cornell has agreed to a ten foot %6 de easemment on the outside of the curb for, if you will, a southerly pox-t'ion of this property that's goung to be acquired and then from point B northward and westward it wiil be a 12r easement outside of the Town's property entirely, which is good for the Town. Then we don't have to worry at all abnut UOICT people's utilities within our property- 'Fhe one issue which is outstanding is that the easem ent gives NYSEG NYSE the ability to open -cut the road or any paved surface. Based on my discussiGns. with Jack this is something Jae does not want because every time ynu open cut a road, you end up having to patch it, you get potholes tliere, you get water, you never get it right. This is going to be brand new road and there is no reason that in the future NYSEG should have the right to open cut it. There is appaxerAly, and Y c2iumot verify this yet, an existing NY EG easement over part of the road which we are not actually getting title to but will be part of the road that is reconstructed by Cornell. This would be the southernmost portion where it connects to the existing Sapsmeker 1Xloods Ruad- I suggested to John that perhaps a. compromise on this issue from the Town's perspective would be tb at nn part of the newly constructed road or no part of the property which const]tute* new area would be subject to this policy of npen cutting, but if in fact the easement shows that NYSEG NYSE has that right on the existing road that's not being abandoned by the town azid will be rebuilt, that we would probably live with that. That's something which is fret to be resolved- i don't know whether the existing easement grants NYS EG that right. Ina any event we believe they'd have to get a work permit from Jack. I just wear to clarify that, but that shouldn't be a problem because they are used I that. So that's one is %ue that remains nut tanditig. The other issue which reaiTi% outstanding and needs to be discussed is tha m t: Cornell in all of the drafts of the agreement which it has presented has not wanted to grant to the Town a warranty deed on the theory that "we don't give warranty deeds ", I haven't gotten any legal theory why that can't be done, but I think perhaps what you need to discuss is whether you are willing to accept something less than a warranty deed as long as it conveys good and m;rrretable title to you That I leave for your consideration. Obvinusly you always try to get a warranty deed and when Cornell took title to these two properties they got: nlurranty deeds and in fact on one of there they got a full covenant warranty deed. 1l hat's something i leave to your discussion and decision, but with those issues being resolved I think we've gone and Cornell has gave as far as they can right now, t'1J -need a reallonable opportunity to finish my ex rni- nation of the ; lbstract and description and so forth, but it seems to me we are at a point where we -reed to resolve those two issues and than we can work on the final wording of the agreement, Then if the Town Board is satisfied and Jack is satzsGed you could pass a resolution authorizing the Supervisor or in his absence the Deputy Supervisor to siigm that and we could get started, I've only looked at it very quickly to look at the deeds in to Cornell and one is a warranty deed and the other's a full covenant. Cl T Hatfield - So what' happened to the title that you can't give us what you got? S :Egan - That Cornell gives is a warranty that it, Cornell, has not Bone anything to impair title. This is a. standard trustee decd. Not a quitclaim- We axe warranting that Cornell has not done anything l:o impair the 1'.irle.'VYnat Comell worf I: do is warrant anyone else's period of ownem1up- Page 14 of 25 TB 6 -6 -01 0 Cl T Hatfield - So you ll give us title insurance? S Egan - No. It's marketable title so I don't sec... Cl T Hatfield - It's a curiosity to me why you uron't give at least what you got. S Egan - That doesn't always follow. Generally trustees or executors, anyone in a fiduciary position like that, never gives a warranty deed. Cornell is no exception. There has been no time literally in the 21 years that: I have worked there that there's ever been a warranty deed and I've never seen one before that. Honestly, I don't think it's a matter of negotiation. I can't imagine the trustees would ever give one. Cl T Hatfield - Do you think they would consent to that Mahlon? Atty Perkins - I think they probably would. I would point out to you that Cornell took title as a corporation in both of these conveyances, not as trustees. C1 T Hatfield - Where did the trustee think come in? S Egan - We're a board of trustees. Atty Perkins - And the trustees don't execute it. A vice - president of the university, a corporation, does it. The only covenant made in this proposed deed is they covenant: they've ' "not done or suffered anything whereby said premises have been encumbered in any way except as aforesaid ". That's what you're going to be geti:ing. • Cl C Hatfield - She said they've owned it for years and years. t don't see why they'd hesitate giving a warranty deed. S Egan - The thing is if you give a warranty deed, then you've warranted for the period that anyone else before you also owned. Cl C Hatfield - You said they've owned it for eons. S Egan - I know it and we'll cover it for the eons, but we won't cover it for anyone else's period. Those people did give warranties for that so you've got that in the record already. I don't want you to get the impression that you're going to get anything other than a covenant against grantor's acts deed, because this is really not: an issue that I give you slightest hope that you would ever get one. Let's be realistic here. Cl T Hatficid - It's not a question of being realistic from our perspective. It's what we ire require every other citizen that comes forward. Why are we making an exception? It's a pretty serious precedent. You are a corporation, not a trust. You've got a lot: of issues and for you to sit there and tell us we can't have it, is probably not really the best thing you can tell us. S .Egan - It's the only thing I can tell you. Cm sorry. I'm not malting this up. We've given many deeds over the years to municipalities and it's never even come up as a issue. Everyone else has understood that it's only the Board of Trustees that can authorize this and they will not give a warranty decd. Atty Perkins - We're not asking the trustees. We're asking the corporation. • S Egan - If you look at the certificate I gave you showing the authority for this transaction, it comes from the Board of Trustees. 1'ttge 15 of 25 TS 6 -6 -01 Atty Perkins - The governing body is the board of directors. It's the board's call. The alternative is title insurance. 0 Cl T Hatfield - I'd be willing to leave in their hands. One or the other. But I don't: see why. We request. it of every other corporation, every other developer, every other applicant. A or 8, take your choice. 1 fail to see your argument that this is owned by a trust. It's held by a corporation. Corporation's have boards of directors. You may have an overall board of trustees. I don't know that much about your operation, but I ]mow what we are responsible for here, and that's to protect the taxpayers of the Town of Dryden. If you don't want to give us a full covenant warranty decd that "s satisfactory to our counsel, you'll provide us with title insurance. That's how I see it. Cl Beck - What would title insurance cost? Atty Perkins - We'd have to determine the amount of insurance. We'd probably ask for the amount of the current value of the newly constricted road. In a 26 and a half million dollar project, that's small potatoes. Cl T Hatfield - I think it's reasonable to ask for one or the other. Atly Perkins - The issue is whether you get good and marketable title, and if you get it and by all examinations it's good today, what you want is to be sure it's going to be good in the future. You can get: just as good title by the deed that they are proposing, but it doesn't contain any warranty. S Egan - It contains a warranty. les not a quitclaim. It's our warranty. Atty Perkins - It's one notch above a quitclaim. Supv Varvayanis - The point is that the trustees, although in a practical matter it's probably a fine title, but the trustees do have the authority to approve of the issuance of a warranty deed, and you're in here saying there's no way they would do that, which implies to us that they don't care if this project goes through. S Egan - No. That's why we have a form that's called a trustee's deed and it only contains this warranty. Any other trust is not going to give you a. warranty deed either. We weren't the inventors of this. CI T Hatfield - I don't think you're holding this in the form of a trust. 1 think you're holding this as a corporation. You may be a not- for - corporation, but you're still a corporation. Where a corporation is now suddenly entitled to use a trustee's deed, I'm not an attorney, but I can tell you I'm struggling with the logic. It's A or B. S Egan - If you want to require the title insurance, but I'm telling you it's not an option for us to give any other kind of deed than what: we always do. Cl T Hatfield - I'm happy with one or the other. Supv,Varvayanis - Just before you said that they wouldn't do it, you didn't say that they could not do it. S Egan - It's out of the question. 40 Supv Varvayanis - There you go. They won't do it, not that they can't. Page 16 of 25 TB 6-6 -01 S Egan - It's immaterial. Cl T Hatfield - Your use of the language, I have to agree with Mark, you're sort of making some blanket broad statements. But it's not material. How you want to argue the issue is not material. Our job here is representing the interests of the taxpayers and as far as I can see, either one of those two options is of equal value to the taxpayers of this Town. RESOLUTION # 149 - AUTHORIZE AGREEMENT WITH CORNELL WITH RESPECT TO SAPSUCKER WOODS ROAD Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the Town Supervisor, or in his absence the Deputy Supervisor, to enter into an agreement satisfactory to counsel that provides for either a full covenant warranty deed or trustee's deed with title insurance for the conveyance of a parcel of property to be known as and connected to the existing Sapsucker Woods Road and the abandonment of a portion of the existing Sapsucker Woods Road in accordance with a previously approved plan. 2nd Cl Beck Roll Call Vote Cl Beck Yes C1 T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Recused Supv Varvayanis - I should point out that I will be leaving and you should try to get it to me by Monday, the 11th. I believe Deb Grantham wants to abstain from any actions with Cornell. Ally Perkins - As I understand it, the Supervisor is authorized to sign an agreement with Cornell to be negotiated authorizing the discontinuance of the highway along the lines of the drafts that we've looked at, and specifically we are looking at: now the type of deed the Town will get. It will either be a warranty deed in statutory form or else it will be title insurance and being satisfied with respect to the issue regarding the open cutting of the newly constructed road under the terms of the easement. Cl C Hatfield asked whether the work on Royal Road had been completed and Jack Bush stated it had. There was a problem because a phone cable had been buried under one of the driving lanes. Guthrie was closed for the day. Atty Perkins - Your comments about; the location of communication lines points up the importance of the discussion we just had. That's what we're trying to avoid in the future. Jack Bush explained the current year's budget contained allowances for a sander/ spreader and a hydroseeder. The budget has changed in format in that last year any equipment over $10,000 was in a separate line. This year it's one line with a total dollar amount and he'd like to make the board aware of what he wants to do. Tompkins County Soil and Water has purchased a hydroseeder which the Town may use and he does not feel there is a. need for the Town to purchase one at this time. He would like to use the money in a different way. There are three plow trucks in the garage that are used exclusively in the winter. He • would like to change those to vehicles that can be used year round. Mark Sutton and he have decided they would like to buy a dump body for one of the plow trucks, making it usable for ditching in the summer and sell another piece of equipment. He would like to sell the small Page 17 of 25 TB 6=6=01 single axle ditch truck and not replace. it in the fleet_ When another plow truck is replaced next year it will. be replaced with a truck with a dump body. Because of the way that budget is set up, he believes he can use the money in a different way rather than burr the sander/ spreader and hydroseeder_ l-1es would also like to purchase awalk behind vibratory roller. One is currently being rented at the rate of $$70 per month and will be used for six to eight months, He believes it manes sense to purchase one (around 10,000) and have it for future use rather than pay rental each tine it is needed_ It is used most often in replacement of crossover pipes, and was utilized on Livermore Road, C1 'V Hlatfteld noted that items in the budget had -been grouped to allow for flexibilily and the board agreed, J BLjgh stated that he had wanted to male; the Board aware of his acti M 6, 6 -01 Atty Perkins - There's a. specific recapture period and they were three gears into it- upv Varvayanis - There's no record that we ever got notice. Atty Perkins - Bambi does not recall cover receiving; it. Mark's office has no record of it- So there's been no real proof that we in fact, got that notice or had that apportull ty. The notice should have come from the County Attorney's office who was conducting the foreclosure pracccdings. You. can dispose of a L interest ui .real property. .Ct requires that you make a deterrnination as to (1) it's not devoted to public use, and (2) that the Town will be getting adequate conmderatinn for release of its interest. There is an open question about whether such a- procedure is subject to a permi ive referendums. f don't Imow the answer to that question tonight, but certainly and clearly what you would have to do is make a determination that you are going to get adequate consideration for releasing this interest, i can't tell you what that is. l T Hatfield - Has any consideration at all been ofrered? R Lacey - I don't owrl the property. I'TU looking to purchase it. Atty Perkins - Arc you going to live there on- . R Lacey - I'm going to renovate it and rent it out and pay taxes on it. Cl T Hatfield - Who owns it now? R Lacey - William Casalaro. 1 T Hatfield - He's really got a very flawed title, Atty Perlgns - ke bout a tax title, which are inherently suspect to put it nicely- R Lacey - MY understanding was thaC the Town did receive notice of the foreclosure as a taxing cni ty. Atty Peridn.s - But that's much &fY`erent than receiving notice as a mortgagee. Cl T Hatfield - We're in this positiOT1 as mortgagee with the responsibilities that KUD puts err us to protect that pro am and make those dollars available for other folks who need them. We're not in a position, I don't chink, to just �wadk away from this, C1 C Hatfield asked what Mrs LaHart had paid on the mcrtg e and Atty Perkins explained that she agreed that the money that vmnt to her would be subject to recapture dependi TB 6-6 -01 Cl T Hatreld stated the he had an idea of a way to resolve this and R Lacey pointed out that this is really a pretty degenerate property, one of two of the worst on 10ain Street in Freeville. There is no bathroom and no kitchen. Mr. Lacey is paying $25,000 for the property. Mr. Casalaro acquired it for $10,000 at the foreclosure sale and no improvements have been made to the property. On motion of Cl T Hatfield, seconded by Cl Grantham and unanimously carried, the Board moved into executive session to discuss the relinquishment of an interest in real property at 9:40 p.m. Board returned to open session at 10:10 p.m. RESOLUTION #151 - RELEASE OF INTEREST IN PROPERTY AT 50 MAIN STREET, FREEVILLE Cl Beck offered the following resolution and asked for its adoption: RESOLVh ,'D, that the Supervisor is authorized to execute a release of the Town of Dryden's interest in the former LaHart property, known as 50 Main Street, Freeville, such release to be in a form satisfactory to the Town Attorney and upon the Town's receipt of the sum of $5,000 which it deems and finds to be a fair and adequate consideration for the release of its interest in this real property. 2nd Cl T Hatfield Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes R Lacey will inform the owner of the property of the Town's position and thanked the Board for their time. Kevin Ezell has contacted several companies regarding a new phone system for the Town Hall. The Town does not presently have a system by which it can intercom or transfer calls and the present system is pretty archaic. Citizens Communications can provide a Norst:ar system (8 lines and 16 stations) for $6,477.55 without a maintenance plan, and $7,309.15 with a 3 -year maintenance plan. This includes 11 telephones, 8 lines and voice mail. All-mode Communications can provide a Norstar system (8 lines and 16 stations) for $7,237.00 with voice mail. Voice mail could be deducted and the cost would be reduced by $1,949. Phones cost $225.00 each. Digital Voice and Data can provide a. NEC system (8 lines and 16 stations) with 10 phones for $4,221. Voice mail with 40 hrs of storage would be an additional $3,199 for a total of $7,420. Cortland Electronic Supply can provide a system (8 lines and 16 stations) with 8 phones for $3635. Any additional phones are $285 each. Voice mail is an additional $2,000 (2 ports and 25 mail boxes). These are one time installation fees. Any of the phone systems are moveable to another building if necessary and All -mode noted that to move it would cost $800 to $1,000. Additional Page 20 of 25 TB 6 -fi -01 modules can be added to each system if necessary in the future. All -Mode and Citizens provide voice mail packages with 90 minutes of storage. Digital Voice provides 40 hours of storage. K Ezell stated that some employees do not want voice mail and would rather deal with the phone calls as they come in. Use of the voice mail would be optional. He believes the phone system will be a timesaver in some aspects as we will be able to transfer calls efficiently between departments and elevate us to the public. With the exception of Cortland Electronics, the recommendation had been the use of an automated teller (and a change of phone numbers). Cl T Hatfield stated that: Greek Peak uses Cortland Electronic Supply and have been very pleased with the service they've received. He also stated that he believes it makes sense to have voice mail. Cl Grantham staged she has a ten year old experience with All Mode and a consulting company she worked for and the service wasn't very good. K Ezell stated that he agrees with Cl T Hatfield, that Cortland Electronics is his recommendation. That would leave all the phone numbers the same as they are now and give us a system by which we could intercom and transfer calls. The quote did not include the Highway Department, but it could be added. If desired in the future, the system could be expanded to an automated teller. Use of voice mail would be optional as determined by departmental needs. Cl T Hatfield stated that for the price of the system it makes sense for the Town to upgradc in order to better serve the public. He would like Kevin to verify costs with Cortland Electronics as they seem to be the responsible low bidder and report more in depth next week. He is also loo into the use of Road Runner the Town. There would no king by o ere d be charge to the Town for installation and no monthly fee. It is provided free of charge to municipalities. K Ezell distributed maps he has generated which show residence density in the Town of Dryden to assist Cl T Hatfield in his negotiations with Time Warner. I-Ie has utilised information from the County and has been unable to obtain the information requested from Time Warner. Cl T Hatfield offered to assist in getting that information. K Ezell stated that the Supervisor had mentioned that cell phones might be a good option for the Zoning Department. He has obtained quotes from Verizon and Cingular. Jack Bush noted that the cell phones the Highway Department uses are off state bid. They are using Cingular now and perhaps could obtain a better package deal in conjunction with the Highway Department. The Board agreed this was a good idea and asked Kevin to take necessary steps to obtain the phones. Atty Perkins reminded the Board that the Town has gone through cell phone issues before with Town employees and the misuse of them and accounting for personal use of them. He is not suggesting that is a problem, but a policy ought to be in place to address that. Cl Grantham asked Supv Varvayanis to have Dianne McFall check with other municipalities to see if they have phone policies in place and if so, obtain copies. Cl T Hatfield - I'd like to go into executive session for personnel reasons. Supv Varva_yanis - Before we do, it's involving paying for health insurance. Is that for executive session? Page 21 of 25 TB 6 =6 -01 Atty Perkins - Is it pertaining to a particular employee? Supv Varvayanis - Yes. Okay, we'll go into executive session and we'll come back out and take action. On motion of Cl Grantham, seconded by Cl T Hatfield, and unanimously carried the board moved into executive session at 9:40 p.m, and came back into board meeting at 10:05 p.m. The board then discussed language for a resolution to provide health insurance coverage for John Tottey. Atty Perkins - Instead of trying to restate what the law is, just say that during the period the Town is obligated to comply with the provisions of COBRA, the ']'own shall pay the health insurance premiums for John G Tottey for the months of June and July 2001. Cl Grantham - Does that settle the precedent thing, though? Doing this for these specific reasons so it makes it clear that it's a very specific case. Atty Perkins - Basically any time that you terminate an employee you'll have a precedent, yeah, if that's what you want. Cl Grantham - No, what I'm saying is if other employees come back and say well you gave him insurance, why aren't you giving us insurance. Atty Perkins - well that's what's going to happen when you make a resolution; no matter what: you do, that's going to be the result. Cl Grantham - I know that, but if we explain. Is that enough explanation? Atty Perkins - I know but if this is an egregious case ghat you fired him, and then 0 somebody's position is eliminated or something, aren't you going to give them at least two months? That's the argument they're going to make. Cl T Hatfield - Because everybody's got special circumstances. Atty Perkins - They're going to argue that they should be getting more because they weren't terminated. It's a two edged sword. Cl Grantham - I understand, but I'm tallying more about ones who don't get fared. That this is a specific situation. So that if someone doesn't get fired, they cant: come back, and at least we've said.... Okay, during the period that... Atty Perkins - Whereas, the Town of Dryden is required to comply with the provisions of COBRA with respect to terminated employee John G. Tottey, the Town shall during such period of compliance, pay for the health insurance for the months of June 2001 and July 2001. RESOLUTION #152 - HEALTH INSURANCE FOR J TOTTEY Cl Grantham offered the following resolution and asked for its adoption: Whereas, the Town of Dryden is required to comply with the provisions of C013RA with respect to terminated employee John G. Tottey, it: is hereby RESOLVED, by this Town Board that the Town shall, during such period of compliance, pay for the health insurance for the months of June 2001 and July 2001. 2nd Cl C Hat ricicl 0 Page 22 of 25 • Roll Call Vote Cl Beck Yes C1 T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes TB 6 -6-1)1 Cl Grantham asked whether other board members had received a copy of a proposed intermunicipal agreement for the Cayuga Lake Watershed some weeks ago, and they had. It was discussed at a. recent IO meeting and CI Grantham advised them at that meeting that the agreement should be reviewed by an attorney. She has provided Atty Perkins a copy with her notes. The big thing is supporting the watershed management plan the IO is working on. The IO will discuss the comments in July. Atty Perkins will discuss it with Cl Grantham prior to that meeting. Cl Grantham noted that responses to the RFP for the building needs study are due June 11. She would like to have a meeting of the building committee soon to discuss which ones should be interviewed and set up the interviews. They will discuss it again at the meeting on June 13. Cl Beck asked whether Varna's request for a change in zoning needed to be discussed, as he would be uncomfortable with approving Wawak's 21 unit: application in the face of that. Mr. Wawak has not yet submitted the balance of the material due. Cl Beck stated there should be a policy to not accept any more applications, or to go ahead with permits that have already been applied for. Cl C Hatfield stated that he was under the impression since the application had been made, he, would be allowed to proceed. Cl T Hatfield stated that it would be a year or two before the master plan is in place. Cl Grantham stated the people in Varna have asked for a change in zoning with a moratorium in place while the change was looked at. Supv Varvayanis stated they will be making a presentation to the Planning Board on June 21 and Cl Grantham will ask them to give the short presentation to the Town Board next Wednesday. Cl Grantham stated there are some issues with Better Housing that will need to be discussed. The Oversight Committee has meetings and reviews the applications for funding from residents. No action is taken as far as monitoring the existing loans and making sure the taxes are being paid. Better Housing does not provide the applications in advance of a meeting so that the site can be inspected. They are being paid for administering these loans. Supv Varvayanis stated he has talked about withdrawing but no in Town is interested in administering the loans. Atty Perkins stated the Town could contract with someone to administer these. HUD will allow the Town to contract with someone other than Better Housing for this service. Supv Varvayanis will check into this, and Cl Grantham suggested that a letter be written to Better Housing advising them of the Town's displeasure and asking for reports that are due the 'rown. Atty Perkins stated that original documents should be retrieved from Better Housing, Supv Varvayanis has provided with board with a resolution he would like to pass and forward to the County. Cl Beck staged that he thought the Supervisor should be careful about stating what Mike Lane or was thought he said. He also said he does not understand why there was a. 14 to 1 vote on the County if it is as bad as we're saying it is. George Totman and Joe Lalley and a lot of other people apparently voted for it:. Atty Perkins stated he agrees with the resolution. C1 T Hatfield stated that the Town of Dryden could take the position that we were being harmed by an over representation in the City and under representation in the Town, but it is aggravated by the fact that the City went out: and did a good job in enumeration and identified all the students. A large part of the City doesn't exist because they are there going to school, but not involved in the community. Cl T Page 23 of 25 T13 6-64)] Hatfield has had long discussions with some county board members and just does not understand where they are coming from. He believes that. scenario 17A makes the most sense, that the County is out of line and what they are doing is wrong; that it is an incredible rush to avoid the two year terms or weighted voting. Within two years the City of Ithaca is going to have to change their ward lines. Cl Beck stated that he thinks it is ridiculous that one municipality is suing another on three or four different issues and can't get: together and get things worked out:. Cl T Hatfield and Supv Varvayanis said they agreed. Cl T Hatfield noted that the County is absolutely determined that they know better than anybody else what needs to be done. Supv Varvayanis - I feel pretty much the same way and I think most of the citizens do. When they come out here however many times they did saying we all have to be on board, we all have to be working together, and we tell them this is what we want and then this. After further discussion, the Board passed the following resolution. RESOLUTION # 153 - OPPOSE COUNTY'S REDISTRICTING PLAN Cl T Hatfield offered the following resolution and asked for its adoption: WHEREAS, the County's redistricting plan was based on the uncertified census figures, and WHEREAS, the districts in the County's adopted plan have not been designed to come closer to equality in population over time based on current trends, and WHEREAS, a frequently stated major goal of this plan was to have County districts coincide with the City of Ithaca Wards even though those Wards must be reconfigured in tw *o years, and WHEREAS, the comments of Representative Lane at the 3/14/01 Dryden Town Board meeting indicate that there was a desire to maintain a disproportional representation for the City of Ithaca, and WHEREAS, the County Board frequently deals with issues that selectively impact municipalities that make up the county, and WHEREAS, the Tompkins County Board did not allow enough time for meaningful public participation, BE IT THEREFORE RESOLVED, the Dryden Town Board determines that the Tompkins County redistricting plan was ill- advised, ill- timed, ill- conceived and in all probability illegal, and BE IT FURTHER RESOLVED, that the Dryden Town Board is relieved that the Town of Ithaca wishes to provide the means for a court review of the redistricting plan and is confident that said review will result in much more fair representation for the citizens of Tompkins County, which will be a major benefit to all the municipalities in the county. 2nd Cl Grantham Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Page 24 of 25 TS 6Y6 -01 Cl C Hatfield Yes i Grantham Yes The Board wants to have a representative of the SPCA present att the next meeting to discuss an incident in which they failed to respond to a call far assislance from a farmer whose cafves were being ablacked by dogs, At least one calf died. The Town of Virgil's dog control officer was finally contacted to deal with the situation. To be discussed at next meeting; telephones, road runner, building needs study, Varna moratorium, SPCA, billboard special permit hearings - On motion duly made, seconded and unanimously carried, the meeting was adjouiz3ed at ,10:55 p.nn- Respectfu]iy submitted, l �car Bambi L. Hollenbeck Tvu%-n Merl{ Name - tPlease Print) r t O'1/Lv� Town cf Dryden Town Board Meeting June 6, 2001. Address w �t7cf ,v) Ltf m J�r 1 %4 r C\f\60�A(L