HomeMy WebLinkAbout2001-07-11TB 7- 11-(11
TOWN OF DRYDEN
TOWN BOARD MEETING
July 11, 2001
Board (`Members Present: Supv Mark Vavayanis, C1 Thomas Hatfield, Cl Ronald Beek,
Cl Charles Hatfield, Cl Deborah Grantham
Other Elected Officials: Bambi L. Hollenbeck, Town. Clerk
Jack Bush, Highway Superintendent
Other Town Staff Mahlon R. Perkins, 'Gown Attorney
Kevin Ezell, Assistant Zoning Officer
David Putnam (TG Millers), Town Engineer
1
PUBLIC HEARING (CONTINUATION)
APPLICATION OF INDEPENDENT WIRELESS ONE
TO CO- LOCATE A WIRELESS COMMUNICATION ANTENNA O°
ON AN EXISTING TOWER AT 204 WALKER ROAD
Supv Varvayanis opened the pubic hearing at: 7:10 p.m. and Town Clerk read the notice
published in The Ithaca Journal.
Dori Bakos, Walker Road, asked whether the cell companies would regularly check the
emission from the antennas (annually). Supv Varvayanis told her that is done by the FCC. Mrs
Bakos wondered if they were checked before and after installation of an antenna. Atty Perkins
stated that the installer has to make certain certifications, and under Federal Law the Town is
not permitted to even basically discuss whether or not the emissions meet the Federal
guidelines. It is totally outside the jurisdiction of the Town in regulating the towers; it is a
matter of Federal law. Emissions do need to be certified annually, and the FCC would be
notified or the carrier would be notified, depending on who was conducting the test. Cl
Grantham informed Ms Bakos that she can contact the FCC to see what the results of the
inspections arc.
Supv Varvayanis asked if there were other questions or comments and there were none.
The hearing was left open.
PUBLIC HEARING
APPLICATION OF INDEPENDENT WIRELESS ONE
TO CO- LOCATE A WIRELESS COMMUNICATION ANTENNA
ON AN EXISTING SILO AT 523 CORTLAND ROAD
Supv Varvayanis opened the public hearing at. 7:15 p.m. and Town Clerk read the
notice published in The Ithaca Journal,
Supv Varvayanis informed the applicant that the application was complete and a
presentation was not necessary. Cl Beck asked if the antenna would extend above the silo and
applicant stated that it would not. Necessary utilities will be underground. Supv Varvayanis
stated he had seen pictures and heard of this type of thing being done elsewhere and he is
happy to see it happening here.
Page 1 of 26
TB 7- 11-01
Supv Varvayanis asked if there were other questions or comments and there were none.
The hearing was left open. _
PUBLIC DARING (CONTINUATION)
SPECIAL PERMIT APPLICATION OF RYSZARD WAWAK TO ERECT FOUR MULTI - FAMILY
STRUCTURES CONTAINING 21 DWELLING UNITS AT 1062 DRYDEN ROAD
Supv Varvayanis opened the public hearing at 7:20 p.m. and Town Clerk read the
notice published in The Ithaca Journal,
Town Clerk read into the record a letter received from Thomas R. Brown and Nancy
Seimbor -Brown and comments received from Karen Flores, of Tompkins County Planning
(attached to these minutes).
Gary Wood, Engineer for Mr Wawak, stated he was available to answer any questions.
Arthur Berkey (noted the public hearing started earlier than 7:30 p.m.) - First of all, I
didn't get down to look at the latest documents, so I do have a series of questions that I would
like to ask. The first question is has the Planning Board reviewed this application?
Supv Varvayanis - The Planning Board has not.
Arthur Berkey - Is there a reason they did not, that you didn't get input from them?
Supv Varvayanis - They don't have an official function in this.
A Berkey - Okay, thank you. Has all the documentation been received by the Town
Board?
Supv Varvayanis -Yes. 4
A Berkey - Has the DOT commercial highway permit been received?
Kevin Ezell - The highway permit has not been received yet, is my understanding, but
we have a commitment letter that it will be.
A Berkey - Could you read it please?
K Ezell - This is addressed to Mr. Slater regarding Rsy7ard Wawak, Route 366.
This is to confirm that Nit. Wawak has applied for a highway work permit to build a commercial
driveway and bus turnout lane. This department has done a preliminary review of the
proposed work and is satisfied that with some modification a permit %%U be issued. Please feel
free to contact us at 607 - 756 -7072 if you have any questions. Sincerely, Gordon Reimels.
A Berkey - Let the record show that the modifications have not been specified or agreed
to. Have you received a new revised environmental assessment?
Supv Varvayanis - Yes.
A Berkey - So that item 11 where it says no threatened plant or wildlife. On the original
one it said no, and then it had a place where it: said source. May I ask where the source of the
no came from, please, because there is a place for that on the application.
G Wood - The answer is personal examination of the site.
Page 2 of 20
T8 7 -I I -01
A Berkey - So the applicant is also a biolo &iet I assume. Also I note on the
environmental assessment form., the one item that's not listed at all is where it says would the
road take eaxe of the additional traffic, And that particular item on my original assessment'
thing is neither checked yes nor no_ On the revised ane is it checked?
Supv Varvayanis - While he's looking that up w�1 you continuo
A Berkey - It was brought up at the last hears nom, that when the bulldozer went in there
on the original structure, that there wad asbestos shing es on that particular house. And I'm
personally aware of that because we own the property immediately adjacent. What has been
done izz terms of detenuirung thaI_ vve don't have asbestos contamination at that particular site?
I've watched carefLrlly and I 've seen no diggitng there at all.
Wood - No investigation has been made ,
A Berkey - So we have a situation where we may have contaminated sail.
Wood - r. Wawak doesn't owzz the property yet ,so wm haven't been able to do any of
those ]rinds of physical things. I talked to the contractor who buried the house and he has told
me where it is and what he thinke it would ccist to remove it. Now, if it is now removed as a
commercial venture, does it have to have are asbestos survey prior to removal.? When it was
originally buried it could Legally be dnrte by the homeowner without going through an asbestos
survey, but now it's a different story and it has to be done. We understand.
A Berkey - 1 would suggest that before a permit is awarded, thed, the condition be that
the asbestos be checked.
Supv Var,rayams - I think that's a legal requirement_
A Berkey - in terms of the drainage, I'm very concerned. We awn the gully and I'tn
concerned about erosion in that particular gully and I would hope that you would ask the
developer to post a bored so that if erosion does take pl.te in that gully on our property rhat
there is a band to cover the cost of rem doing that particular thing. Again, my major concern is
the safety when we add 40 parking spaces there of people coming out of that particular space
and particularly the backup of traffic that's going to happen, People cQmi g from Cornell and
turning left irtto there, that's going to back up traffic con$i
ffi derably if you have 44 or even 20 or
30 cars there. Right now even the two or three cars that are on our four -unit apartment house,
one person doesn't have a car, the rest only have one tar. And myself, my expezience is on the
difficult high times it's very difficult even to get out. And if you have 20 people that need to gat
nut and particularly early in the morning when you come down and the road is not yet salted,
that's going to be a major, a. major, concern_ So I would hope that even though this is in large
part the responsibility of the DOT since that's a state road, I hope that the Town Board would
take the major concern, the safety of the residents of the Town of Dryden, in their
considerations as to whether or not to grant this permit. Thank you very much_
upv Varvayanis, 12 Forest Lane w Any body else?
Susan Ashdown -'The letter that went out said that the hearing was at 7:30, so if I don't
know mat's gone on before, I'rn sorry. y 4�-Lnncern about this project is a safety concern. i'ro
a bus taker on that road. I take the bus at the top of the h; 1, which is dangerous enough_
There was something about a bus pall out? -What ir> that?
5upv Varvayanis - At the last meeL7ng someone suggested it would be nice if he had a
bus stop right. there and it was suggested that TOWTran be contacted and they were They gave
Page 3 of 26
TB 7 -11 -01
some specifications. They wanted a bus to be abler to get off the road andDUW Mr. Wawak has
agreed to build it and they have agreed to use it.
Wood - And the DOT has agreed to accept it.
Ashdown - That solves the problem going west bound. The other clirection is going to
be a problem- Are the people goring to have to cross the road?
O Wood - 1 would assume as much.
S Ashdown - My other concern is on the other side of the property, the abandoned
railroad right of %xmy, which is a highly used, highly valued community resource. Right now
that stretch is very wild. There are no residences visible along that particular stretch and the
addition of the seven apartment buildings would be very distressing. I know that they said
they are going to try to mask that fi-ouk t_lz.e right of mmy, but I don1 see how that can possibly
be done- Again, access to that trail for anyone who lives in those set of buildings would
encourage people; to bike and encourage people to walk. Particularly to bike because that has
the potential of being a prime biking path for commuting to Cornell . It's on grade practically to
Cornell and again there's a lot of interest in developing that as a bike path- I' wouldn't want
anything to stand in the way of that.
upv Varvayanis - You certainly encourage bicycler use in your current apartment
complex, Will you provide access to this trail should it be built?
R Wawak Yes. I could rxtiaybe answer a few of those question€. First of all the trail is
on part of the property. The right of way is ne}t in place.
Ashdo vm - We understand. It is however a possible community resource.
R Wawak stated that half of the trail i.s on this property and the other half is ark Cornell
Urdversiity's property emd displayed a No Trespassi -ng sign on the trail. S Ashdown explained
that the sign was there to preverkIN people from leaving the trail and going into an area that
contains a utility shed- R Wawak shoved Ms. Ashdown a photograph of the accommodations
he has maple for bicycle storage at his Baker Hill apartment complex. He noted that there is a
sigh on Route 366 indicabng that it is a bike route and stated that he urould encourage tenants
to use bicycles. Mr Wawak stated that the project meel's the DOT site 64,%tonce requirement's
for the drive and that he proposes to build a bus turn off lane (conking* from NYSEG) and build
a glass shelter and the bus will stop only when someone is in the shelter, G1 Beck asked
whe lber the bus would step coming from the oilier direction and Mr. Wawak stated that they
said they might since the mad is uid-e an that side and there is no problems going uphill with
the visibility. Mr Wawak stated he has had the property surveyed by two independent
surveyors and Arlin r Berkey does nut believe that the Sine i-s in the right place regarding the
gully- Mr Wawak presented a puss showing the bus pull off area and bus shelter.
A Berkey skated he is still puzzled as to wby Mr Wawak feels he is qualified as a
Dialogist to say that there are no endangered species of plants or animals in that area and
asked him to share his qualifications or if Borne one other than Mr Wawak made the
determination, Mr Wawz* explained there is a map showing sites of endangered species-
G Wood - C'm the one who made out the environmental asses. %moot form- f went over
the property- I've been dosing this type of thing for something oat the order of 30 years noun. I
think I'm generally qualified to see when there are conspicuous, unusual things. Last but not
least, there is a whole notebook of critical environmental areas ill Tompkins bounty. As you
probably know there is one somewhat near this %ite3, which I included in my report- Since it's
Page 4 of 26
T..3 7wl 1 =01
not on the list of critical environmental. areas, I think it's reasonable to assume that there's not
likely to be something there that's highly unusual or sensitive_
A Serkey - The reason I as'kcd the question was on the original report that was
submitted there was no justfficatron at all. That's the reasonn 1 asked_
Supv Varvayanis asked if there were any other questions or comments on this or the
previous applications. There were none and all hearings were closed at 7945 p,m,
Supv Varvayanis called the Town Board meeting to order and asked Joyce Gerbasi to
address the board_
Joyce Gerbasi, as the Town's representative to the Tompkins County EnvizonznentA
Man Wment Council = Bate Hackett and Jon Anderssen have requested that the County Board
of Representatives become involved in Funding an aquifer study for Tompkins County_ You will
note from the map that most of the aquifers in Tompkins County are in the Town of Dryden.
So This is perhaps mare important to us than other communities. What they are trying to do is
understand the impact of ground contamination on these aquifers. They don't want another
Jacksonville or any more MTBE contamination at,ion than we already have. We have sorae septic
tank problems as you are already a.waYe on Hanshaw road. They also want to make sure we
have adequate drinking water and if we don't Imow where the aquifers are and what shape
they're in this can be a problem. The lake is usable, but it costs a lot to pump from it. The
aquifer study can also be used for population development and a number of things. It is
essential for planning in County and finding out what ae�a
TB 7-1 1 d) ]
Mike Lane told the Board that Joyce erbaai is one of the stalwarts on the
Environmental Management Council, attends just about every meeting, reports back to the
Town and does a good job, It is important to have a good representative like that and she
deserves a pat on the back. 0
Mike Jane = This is an area that I think most people think that we should proceed with.
Unfortunately, it's the dollars that's bur1xr , It could easily be a ten milli on dollar project
County wide, Of course, each munieipaLity is going to want, i0s aquifer looked at, ,same
perhaps wanting it dame tomorrow and some maybe in a couple of years. It comes in a difficult
budget year for the County. I think what the County is looking for mare than anything etw,
more than a figure, more than a percentage is In say yes, we could see this as a partnership,
we would be willing to mark with you on something like thas_ Maybe the County Will work our a
schedule with municipalities and if Dryden wmats its map first or Caroline does, we could look
at it and look at what the borrowing would cost us. It's a little frustrating for us because the
to &al enhty to hire 1'a do this i% the US ,which is who we contra.eted with before. So if the
federal government is reducing it's commitment: for grant funding (it's noxv doom to 30" /o) and
saying why don't you pay 701/o to 1eeep our office going and doing this work. I guess that's the
way things work. Unfortunately there has been less money for soil and water conservation
measures in the last ten years than there should be. But Tompkins County is behind other
counties. We're behind Cortland in looking at aquifers. Cortland had the asmstknre of some
private money there due ter sou,o spillage to help it.
In rallying about the reach issue, one of the problems when you talk about reach is,
especially with our aqu frrs, is they probably go into another County- Harford is frequently
mentioned as a major recharge area for the aquifer that comes into Tompkins County from the
southeast.
So I think this idea of intermunicipal caoperafion more than anything else is what the
County is looking for here_ Don't feel you've gat to put a immure a.n tonight, but we would like to
see municipalities say they want to work on this and help_ I -have no doubt that the Co unlyr is 40
going to have to bear a larger share obviously than a municipality, but how that formula would
work out, where we uvsuld go, how much these aquiferq would cast. Joyce said $150,000 each,
I suspect the bigger ones are going to be more than that.
The board agreed that such a ;tudy would benefit the Town and Tompkins County, but
it would need to discus the amount of funding and after further discussion passed the
fallowing resolution.
RESOLUTION #162 = SUPPORT FOR FUNDING CONTINUED AQUIFER STUDIES
Cl Grantham offered the fallowing resolution and asked for its adoption:
WHEREAS. the public health and economic and environmental well -being of Tompkins
County acid its residents are dependent on safe and dependable supplies of drinking water,
and
WHERBAS. water supplies in Tompkins County origi gte frnzn, ar mix with.,
underground water sources and aquifers, and
WHEREAS EaA 5 it is possible to analyze these underground water supplies and aquifers to
utter understand their quality, abundance, yield, and flaw characteristics, and
WI4EREAs, public health will directly benefit from addidanal studies. and
Pogo 6 of 26
'CIS 7 =114) l
WHEREAS, this increased knowledge will help to guide fixture development and
zolVoTiai2e its environmental impacts in this community and ui the County, now therefore be it
RESOLVED, that the Town of ] yden requests that the Tompkins County board of
Representatives approve funding for the advanced study of aU aquifers in Tompkins County,
and it is further
RESOLVED, that this Town board hereby autliorizes the Supervisor to forward a letter
of support to the Tomplziis County Board of Representatives.
211r] Cl C Hatfield
Ralf Call Vote
Cl Beek Yes
Cl T 14atlield Yes
upv Varvayanis Yes
C1 C Hatleld Yes
Cl Grantham Yes
The Board then reviewed the environmental assessment form for the co- location
application for 2 04 WQ dker Road (contained in file). Slu pv Varvayanis noted that #1 1 regarding
whether the site contains any endangered plant or animal species was no I, completed,
Applicant explained that they have sent a request to Department of Environmental
Conservation for a. response, The site has alzeady been disturbed by the Cower in place and
they assume that there is nothing there. It is not in any critical environmental areas. The
response was marked 'ho".
RESOLUTION #163 = SEQR NEG DEC INDEPENDENT WIRELESS ONE
CO-LO ATION AT 204 WALKER ROAD
Cl Grantham offered the folloWM9 resolution and asked for its adoption;
RESOLVED, that this Town Board issue a negative declaration based on the SEAR
review for the special permit application of Independent Wireless One Co co- locate on an
esting tower at 204 Walker road i
xi n the Town of Dryden. This is an unlisted action and the
Town of Dryden is the lead agerncy in uncoordinated review. The Supervisor is authorized to
sign all riecessary documents.
233r' C1 T Hatfield
]doll Call Vote
Cl Beck Yes
C1 T Hatfield Yes
Supv Varvayanis Yes
Cl C Hatfield Yes
Cl Grantham Ye
RESOLUTION 0 i54 - APPROVE INDEPENDENT WIRELESS ONE APPLICATION
FOR COmLOCATION AT 204 WALKER ROAD
Cl T Hatfield offered the following resolution and asked for its adoption:
WE F�'REA , Independent Wireless One has selected the Town's number 1 priority for
location; and
Page 7 of 26
TS 7=1 1 mOl
WHEREAS, Independent Wireless One has requested certain relief from the Town's
Ordinance based on co4ocating on an existing facility and the Town's consultant recommends
granting the relief as requested in the applicalH n; and
WHEREAS, the Town's consultant has determined that [rid opendenI, Wireless One has
complied with the requirements of the Town's Ordinance fora co- located wireless
telecomrnunicatioi] facility;
NOW; '1`J-l.ER -Ela ORE, BE FT RESOLVED, that the Town Hoard of the Town of Dryden,
New York issue a Special Use Permit to Independent' Wireless One to co- locate a wireless
telecommunications facility on z�in e.�dsting tower located on Walker Road in the Tn %vn of
Dryden, New York to provide service essentially ixithin the Tnlom of Dryden with the following
conditions:
1.
That
a $25,000 removal band be irL
place with the ToTam prior to the issuance of
the building
permit
and the start of construction,
_ That Corrii Telecommunication Services, with the assistance of IWO complete a
review of the structural integrity of the tower, found436uns and soil at the Site, and certify to
such, prior to the issuance of the building pemii: and the start of any con struictionI
9_ That the Town receive from independent Wireless One a certificate of insurance
demonstrating the existence of the requirod insurance, prior tD the issuance of the building
permit and to the start of any construction.
2nd C1 Grantham
Roll Call Fate
Cl Bock Tres
Cl T Hatfield Yes
Supv Varvaayanais Yes
C1 C Hatfield Yes
Cl Grantham Yes
The board reviewed the enviroz mental assessment form in connection with application
of Independent Wireless One Cra co- locate an antenna on an emisling silo at 523 Cortland Road,
RESOLUTION if 165 - SEQR NEG DEC INDEPENDENT WIRELESS ONE
Cl Grantham offere LMO Vi e&alu onOan arc fo its adoption:
RESOLVED, that this Town Board issue a negative declaration based on the SEQR
review for the special gerrrnit application of Independent Wireless One to co =locate on an
eidsting silo at 525 Cortland road in the Town of Dryden_ This is an unlisted action and the
Town of Dryden is the lead agency in uncoordinated revieur_ The Supervisor is authorized to
sign all necessary docum.eni's_
2]]11 Cl C I•Iatfield
Roll Call Vote
Cl }seek Yes
Cl T Hatfield Yes
upv Varvayamis Yes
Cl C Hatfield Yes
C1 Grantham Yew
Page 8 of 26
TB 7-11 -01
0 RESOLUTION # 166 - APPROVE INDEPENDENT WIRELESS ONE APPLICATION
FOR CO- LOCATION AT 523 CORTLAND ROAD
Cl T Hatfield offered the following resolution and asked for its adoption:
WHEREAS, Independent Wireless One has selected the Town's number 1 priority for
location; and
WHEREAS, Independent Wireless One 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 Independent: Wireless One has
complied with the requirements of the Town's Ordinance for a co- located wireless
telecommunications facility;
NOW, THEREFORE, BE IT RESOLVFD, that the Town Board of the Town of Dryden,
New York issue a Special Use Permit to Independent Wireless One to co- locate a wireless
telecommunications facility on an e.�sdsting silo at 523 Cortland 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.
2. That Independent Wireless One deliver to the Town's consultant the necessary
® topographic and geomorphologic study and analysis and certification by a New York State
licensed Professional Engineer that the silo is adequate to assure the stability of the proposed
facilities and that the Town's consultant, with the assistance of Independent Wireless One,
complete a review of the structural integrity of the facility, foundations and soil, and certify to
such, prior to the issuance of the building permit and the start of any construction.
3. That the Town receive from Independent Wireless One a certificate of insurance
demonstrating the a dstence of the required insurance, prior to the issuance of the building
perout and to the start of any construction.
211d Cl C Hatfield
Roll Call Vote Cl Beck Yes
Cl T Hatfield Yes
Supv Varvayanis Yes
Cl C Hatfield Yes
Cl Grantham Yes
The board discussed the application of Mr. Wawak. Supv Varvayanis stated that he
had felt the sight distance was limited, but that both DOT and TomTran support it. Cl T
Hatfield noted that Mr Wawak was willing to work out easements for the trail and Supv
Varvayanis said that could not be required as part of the permit. Cl T Hatfield asked if it could
be addressed in any way at all and Atty Perkins replied that the approval could be conditioned
upon his assurance that he will do that, making it an assurance and not a condition. Mr
Wawak stated that the trail would be beneficial to his tenants and so it would be in his best
interests to have it there.
Pagc 9 of 26
TB 7-114)l
Cl Beck stated his biggest concern was the traffic and the information provided in the
traffic study and the grouping of cars seems to provide for pretty easy access into the traffic
flow. Susan Ashdown noted that it was during bad weather that the traffic backup was the
worst.
Supv Varvayanis stated that a concern mentioned was a maintenance plan for the
drainage system and asked Dave Putnam for comments.
D Putnam - If they can't establish a good grass cover, they'll have to replace it with a
stone riprap spillway to prevent the erosion of it. With a grass spillway if it's mowed all they
have to do is keep the trees out of it.
G Wood stated that he believed the person who made the comment might be concerned
with the long term plan. It is private property and the developer's responsibility. Atty Perkins
said that it could be made a condition of the approval.
Atty Perkins - I think it would be helpful if you went through each of the items in
Section 1303, subdivision 2, and use ghat as kind of a checklist in your deliberations and
where you are coming out on this. Those are the findings you have to make when you
consider whether or not to grant the special permit.. You will also of course need to address the
SEQR.
Cl Grantham stated she had
some questions about the drainage plan.
She urould like
to see the water not have to travel across the parking
lot, picking up possible
contamination,
before it reached the retention pond.
G Wood said he
would try to make some adjustments.
The board reviewed the environmental assessment form (contained in filed) changing
"Cortland" County Planning Department to "Tompkins County Planning Department.
RESOLUTION #167 - SEQR NEG DEC APPLICATION OF RYSZARD WAWAK TO ERECT
FOUR MULT- FAMILY STRUCTURES CONTAINING 21 DWELLING UNITS
AT 1062 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 SEQR
review for the special permit application of Ryszard Wavvak to erect four multi - family structures
containing 21 dwelling units at 1062 Dryden (load 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 C Hatfield
Roll Call Vote
Cl Beck Yes
Cl T Hatfield Yes
Supv Varvayanis Yes
Cl C Hatfield Yes
Cl Grantham Yes
Cl Beck asked whether the gas lines
that
went
through
the property were
a large
transmission. Dave Putnam stated that the
one
runs
from the
railroad to Route
366 is a
service line to the buildings across the street. The one that runs through the other way is the
main Ithaca-Dryden gas main. R Wa%vak stated that NYSEG said they may replace the little
one. It is about 20 feet from the proposed buildings.
The Board reviewed the Section 1.302(2) requirements.
Page 10 of 26
TA 7 -11 -0 1
(a) Whether Section 1303.1 requirements have been met.
Board determined that the application was complete based on submittals and
discussion.
(b) Whether the location, the use, and the nature and intensity of operation will be in
conflict with the allowed uses of the zone or neighborhood_
Cl T Hatfield stated the project is within the allowed use of the zone and seems to fit the
immediate use of the properties around it, so (b) has been met.
(c) Whether the use will be more objectionable or depreciating to adjacent and nearby
properties (by reason of traffic, noise, vibration, dust, fumes, smoke, odor, fire, hazard, glare,
flashing lights or disposal of waste or sewage) than the operation of the allowed uses of the zone.
Atty Perkins - Remember that 1303 pertains to all special permits. It already assumes
that it's a use allowed by special permit, so what you have to do is analyze whether or not this
proposed use, which is allowed by a special permit will be more objectionable or depreciating to
adjacent and nearby properties than those which are allowed without a special permit.
Supv Vaivayanis - It will generate more traffic than a single family home would.
G Wood - May I address that issue for a minute? The State DOT's official traffic count
is 6300 cars a day. So if you take the ultimate 2 cars per unit twice a day, 80 trips, it's really a
relatively small percentage.
Supv Varvayanis - I'll agree to that as far as the significance is concerned, but the
® specific question we're looking at now is not how significant is it, but does it exist. And it
would be more traffic generated from this than. a single family.
CI '1' Hatfield - I don't think it rises to the level of being more objectionable. This use is
acceptable.
(d) Whether the use will discourage or hinder the appropriate development and use of
adjacent properties or neighborhood.
Cl T Hatfield - It will probably encourage the development of that trail and therefore the
use of it.
Cl Grantham - I don't: know that there are other properties that are undeveloped now
other than that one in the immediate vicinity.
Cl T Hatfield - Right, because the others around it are already developed, right?
Cl Grantham - Yeah. The difference is the single homes on Forest Lane,
Cl C Hatfield - There's an apartment house right next to him.
R Wawak - The closest homes are the homes across 366 and we have letters of support
from those home owners.
Cl Grantham - It's a difference in use from this area.
Pagc 1 l of 26
TB 7 -11 -01
(e) Whether a non - residential use adjacent to an existing residential use shall be
screened by a landscaped buffer ship or suitable fencing.
Supv Varvayanis - I don't really think it's applicable because it says non - residential use •
and this is residential. You can request screening.
Atty Perkins - One of the things you should keep in mind too, the reason a special
permit is triggered here is that the site is over two acres. Multiple family dwellings are allowed
as a right. If the right was under two acres we wouldn't even be having this discussion. So the
zoning ordinance does contemplate multiple family dwellings in the RC Zone.
Cl T Hatfield - With respect to (e), you're right, Mark, it's not a non - residential use and
in this instance it's not applicable, but we could take the landscaping, buffer strip, or screening
for a special condition.
Ms Mueller of 11 Forest Lane stated she has a two unit home and does not want people
in her yard and would appreciate a buffer between her property and the complex. Mr. Wawak
introduced a neighbor of his Baker Hill complex who confirmed that residents of the complex
do not travel into his yard.
permit.
Cl Grantham - I think we can talk about: a buffer as part of the conditions of a special
Supv Varvayanis - We'll talk about a buffer when we do our special permit.
09 Whether health, safety and general welfare of the community may be adversely
affected.
Supv Varvayanis - I don't think we have any question with the safety and site plan.
Again I think the only question was the safety and site plan and the DOT and TomTran both
approve and it's hard to argue with ghat.
Cl T Hatfield - I agree. What do you want to do about screening?
Supv Varvayanis - What do you propose to do about the buffering?
R Wawak stated that the buildings will be far away from the trail and they don't intend
to remove the existing vegetation. He will plant additional trees if it is not sufficient. Atty
Perkins suggested that the board could consider a condition that no vegetation will be removed
or disturbed within the set back areas from the side yard, and leave it in its natural state. Site
plan was examined by board members and residents of the area. Atty Perkins stated that it
would be difficult to replace a 10 foot shrub or bush and the idea is take out as little as
necessary as the natural condition is what provides the screening now. G Mood stated they
would like to agree not to remove any vegetation beyond the limits of the contour changes
shown on the drawing. That does go close to the lot line in one instance. After discussion, it
was agreed that vegetation would not be removed if possible within the set back areas, and if it
was necessary in the course of erecting the buildings or contour work, the vegetation would be
replaced. Residents indicated that would be acceptable. Atty Perkins stated the special permit
could be issued conditioned upon the, developer presenting a proposed replacement schedule
for anything disturbed wvithin the 15' area, and it would be helpful if some kind of inventory
were taken before the area was disturbed to get an idea of what's there.
Cl Grantham (to Mr. Wawvak) - But where you don't have to remove it, then don't. And
in the setback area, if you have to remove in order to regrade, then we want you to put
Page 12 of 26
TB 7 -11-01
something back. We'll have a condition that says something like get a replacement schedule
and replacement vegetation plan approved by the Town.,
R Wawak - I think the nicest way to solve the problem would be to put nice 6 -7' trees
along the border.
C1 Grantham - And that would just have to be approved by Henry. You wouldn't have
to come back to the Town Board.
Dave Putnam - We had some suggestions in our letter of June 29.
Cl Grantham read from TG Miller 6/29/01 letter: Drainage analysis conforms to the
criteria of Standard Condition #7. Grass spillway is acceptable in concept, but if appropriate
ground cover is not established in a timely manner or if erosion persists after the ground cover
is established the spillway shall be rock lined. Culvert under the old railroad bed is not the
responsibility of Mr. Wawak and is not critical to his development plans. This culvert will be
important for the Town's future trail and maintenance easement should be acquired from Mr.
Wawak. As a condition of any approval the Town should require verification by Mr. Wood of
the "as- constructed" basin volume and grading.
Cl Grantham - And then there is a condition about the town water main. Once the
water main is located in the field minor modifications in the building layout or grading may be
required. Once the buildings and water main have been staked, and we will make a site visit to
determine if any adjustments are necessary prior to construction.
Supv Varvayanis - You don't have a problem with that, do you? I guess while we're
discussing it, if erosion continues it has to be rock lined. Mr. Berkey brought up about the
bonding in case of erosion. Is that something we've ever done before?
® Atty Perkins - No, but we've got power to revoke the special permit. We don't have any
actual provisions in place with respect to requiring a letter of credit or a guarantee from a
private developer except where the Town's going to be owning something.
D Putnam. - We'll know before they occupy the buildings whether or not: it's going to
work.
Cl Beck - It's pretty difficult to determine if erosion is a result of construction or a
natural cause. You'd have a hard time determining that in that gully wouldn't you?
D Putnam - This is what they're constructing, not what's in the gully.
Cl Beck - But the bonding was in reference to the gully on somebody else's property.
D Putnam - The majority of the water that goes through that gully comes from
underneath Route 366. It doesn't come off from this site.
Cl Grantham - I don't think it needs to be made a condition, but you'll try diverting
collecting some of that water and keeping it from all washing across the parking lot.
G Wood - Okay, agreed.
RESOLUTION #168 - APPROVE WAWAK SPECIAL PERMIT
Cl C Hatfield offered the following resolution and asked for its adoption:
Page 13 of 20
TS 7 -11 -01
RESOLVED, that this Town Board hereby approves the special permit application of
R_yszard Wawak to erect four multi - fancily structures containing 21 dwelling units at 1062
Dryden Road, subject to the following conditions:
1. Standard Conditions of Approval (7- 12 -00) shall apply;
2. Applicant shall minimize vegetation removal and replant if removal or grading is
necessary within the setback areas.
3. If appropriate ground cover is not established in a timely manner or if erosion
persists in grass spillway after ground cover is established the spillway shall be
rock lined.
4. Applicant shall give the Town an easement across his property to the culvert
under the old railroad bed for maintenance purposes in connection with future
development of the trail.
5. Verification by Gary Wood of the "as- constructed" basin volume and grading.
6. Minor modifications in building layout or grading, subject to location of water
main.
211d Cl Grantham
Roll Call Vote
Cl Beck Yes
Cl T Hatfield Yes
Supv Varvayanis Yes
Cl C Hatfield Yes
Cl Grantham Yes
Cl C Hatfield - I'd like to compliment Mr. Wood on about as complete an application as
we've ever had.
Nathan Winograd - I'm the new executive director of the Tompkins County SPCA. 1 was
asked to be here by the Supervisor to discuss an incident that occurred on May 20 at the
property of Mr. -Vaughn Sherman. I also wanted to take this opportunity to introduce myself.
I'm a recovering lawyer from California I gave up my law license to move my wife, two kids
and two dogs to Tompkins County and I'm a new resident of Dryden.
Mr. Winograd explained that he received a letter from Supv Varvayanis indicating that
there was an incident on the property of Mr. Sherman. Although the incident predates his
arrival he did speak to the animal control officers who were involved in the incident. Mr.
Sherman called the SPCA on a Sunday to report that. there were two stray dogs on his property.
He was informed that the SPCA does not respond to stray dogs on the weekend except on an
emergency basis. According to the SPCA there was no mention by Mr. Sherman that the dogs
were attacking livestock. Subsequent to that the SPCA received a call from a dog control officer
in Homer who responded to Mr. Sherman's and impounded the dogs. It: was then that the
SPCA learned that the dogs had attacked Mr. Sherman's calves and one of the calves
subsequently died.
Vaughn Sherman read the following letter to the board:
Dear Mr Varvayanis:
1'd like to express to you a very frustrating experience I had with the Tompkins County SPCA.
On May 20, 2001 at approximately 1:00 p.m. we were notified by a. passerby that dogs were
attacking our calves located near our heifer and dry cow facility on Simms Hill Road in the
Town of Dryden. Ken Sherman, an employee at work on the property threw stones at the dogs
and chased them away. They left and cross the road and lay down under a bush. I was called
to the scene and immediately called the SPCA of Tompkins County. After explaining to the girl
who answered the phone that the dogs were attacking calves the response from her was that
Page 14 of 26
TB 7 -11-01
on Sunday there was no service available. I asked what about the dog warden and she again
said that it was Sunday and no one was available. Becoming very frustrated and irritated I told
her that I would shoot the dogs. Her response was do you want to be arrested. I told her if
that's what I had to do to protect the animals then that's what 1 would do. Her response was
well I don't know what the laws are. My response was never mind, I'll find someone who does
know what they are talking about. I immediately called Paul Burhans, the Cortland County
Dog Warden, who came up and by 4:00 he had the dogs captured. I lost one calf and it took a
couple of weeks, but the other calf will make it.
Supv Varvayanis - He made a comment that he thought the dog warden was a friend of
yours. My understanding is that not only is he not a friend of yours, but he thought the farm
was in Virgil and that's why he came out.
V Sherman - No. I know Paul as an acquaintance. He was an Agway salesman. I told
him it was in a different county and I couldn't get any help. He said he didn't care, he'd take
care of it.
N Winograd - I was asked to come to Tompkins County from San Francisco because
there were, candidly, a lot of problems with the SPCA. I think I've spent more time in my first
few weeks apologizing for an incident and people's view of the SPCA. I've been getting to know
the operations. I'm not going to dispute that there are staff issues with the SPCA. There are
operational policies that need to b, reviewed. Where there should be protocols, there are no
protocols. All I can do is apologize to Mr. Sherman. I can work with him to make it right. I'm
not here to dispute his recollection of events. I'm kind of caught between a rock and a hard
place in trying to address an incident that occurred prior to my arrival.
Supv Varvayanis - We're not really here to find out exactly what happened and who is to
blame. We really want: to make sure that it won't happen again.
\S N Winograd - I appreciate that. My job is to improve the reputation of the SPCA and to
make sure that it serves the citizens of the County and serves the animals of the County and
that doesn't mean just dogs, but chickens and calves and all the other animals that are in the
County. I do think that regardless of whether the job here is to fund out: whether one party is in
the wrong and the other is not, that it is my job to make it right. I want to assure the Town
Board that I will do that prospectively and take responsibility for any incidents that occurred
that predate my arrival.
Cl C Hatfield explained that: before the Town contracted with the SPCA they had a
individual who was the dog warden and the SPCA aggressively competed for the contract. They
guaranteed emergency service and we got no emergency service on the day in question. The
citizens are paying for emergency service.
N Winograd responded that he understands that. He has spoken with the individual
who took the phone call. Mr. Winograd is not disputing Mr. Sherman 's version, but when he
spoke to the staff person involved, she stated they had informed Mr. Sherman that the SPCA
did not do routine pick up of strays on Sundays, unless the dogs were aggressive toward
people, pets or property. Her version of the events was that Mr. Sherman did not state that the
dogs were attacking his calves. Mr Winograd apologized for past conduct and assured the
Board that if any citizen calls, 24 hours 7 days /week, if an animal is injured or sick or being
aggressive to people, pets or property, the SPCA officers will respond or they will not be working
for the Tompkins County SPCA. Mr Winograd has explained to staff that they are responsible
for obtaining the information necessary to determine whether an emergency exists.
N Winograd explained that the job of the SPCA is basically to serve the people and the
animals of Tompkins County, whether it's convenient or inconvenient, whether it's within the
Page 15 of 26
TB 7 -1 1-01
letter of a contract or part of their ethical obligation to the animals and people of the
community. He assured the Board that this type of incident will never happen again. If it does
he guarantees that the people involved will not working for the SPCA. He acknowledged that
he is the director and anything that happens with the SPCA is ultimately his responsibility. He
asks that once this incident is reconciled the Board judge the SPCA on its conduct beginning
June 11 forward.
The Board thanked Mr. Winograd for introducing himself and addressing the matter.
Supv Vwwayanis asked if
anyone was present
who
wanted to
discuss the petition
received regarding highway work
on Bone Plain Road
and
there was
no one present.
COUNTY BRIEFING
Mike Lane said that the late state budget is beginning to affect some of the
transportation issues in that funding that was expected for some of the County projects has
not been received. It may be necessary to do the Hanshaw Road project in stages, one part this
year and the rest later. They will break ground soon on the Bostwick Road addition to the
DPW building. Some staff have already been combined there and they are beginning to see the
benefits of having some department staff cover for others for absenteeism and that: is saving
money. The Diggs A building is under contract sale. They are hopeful about it and the
purchase offer does not contain a lot of contingencies and does not contain a financing
contingency. They are hoping the deal will go through this time.
The household hazardous waste facility at the recycling facility has been collecting paint
and insecticides and such. They are pleased with the present system and are hopeful that
eventually they will be able to ease out: of having appointments and have it set up so that on a
particular day people can just come with their items. They can't have it every day because of
the kind of treatment those items require. Center staff unload the items and they are
immediately put into barrels segregated by the kind of product received. There is a recyclable is
paint system and much of the paint ghat comes in gets turned into new paint.
The Caswell Road leachate system continues to be worked on by the engineers and they
hope to have a report later this year.
The redistricting suit was back in front of Judge Mulvey today. He lifted the stay and
that means that the candidates can now file their petitions for the County legislature and he
has allowed some additional time to the plaintiffs to do some discovery proceeds. They want to
depose some of the people involved in the redistricting effort. M Lane suspects that: stems from
Judge Mulvey's desire to make sure that everybody has a chance to make whatever additional
comments they want before he rules on the summary judgment which is before the Court:.
COUNCIL PRIVILEGE OF THE FLOOR
Cl Beck - The Planning Board got: a letter from Bob Keech regarding the information we
had about rezoning Tracey White's property. Henry's letter says that maybe the Town Board
should have referred it to the Planning Board. We should probably take some sort of action to
get it going. Do we need to have them review it, or do we need to decide that that's what we
should do?
Cl Grantham - I thought we talked about referring it to them, but I guess we didn't. It
wasn't in the minutes.
Supv Varvayanis - I think they should weigh in with an opinion. That's what we have a
planning board for. 0
Page 16 of 26
TB 7 -11-01
Cl Grantham - And especially with the master plan stuff going on, we should send it to
them. I think it kind of got lost in the discussion about Varna's request.
Cl Beck - We didn't make a formal request.
Cl Grantham - We could refer it to them and ask them to get back to us for the August
meeting. (Board agrees)
Cl Grantham - I brought a resolution last month that I asked Mahlon to look at: for the
Intermunicipal Organization (Cayuga Lake Watershed). He thought it was fine, and 1 don't
have it with me. I was going to ask that we pass it tonight.
Supv Varvayanis - If Mahlon approved it, and if he's looked at, can we do as we've done
before? Pass it and get the actual wording to Bambi.
Cl Grantham - What's happened is that we had three consecutive years of money for the
IO from the Department of State. We've done the characterization of the watershed based on
current knowledge and we're very close to have a. management plan for the watershed, which
would give the IO a kind of a direction to go in getting fundi ng to do work and also give
municipalities and Counties direction to help with that. So stuff like getting funding to do
work on stream bank erosion control in the Fall Creek Watershed is really strengthened by
having that management plan. We can say this work was done, we did a characterization of
the water shed, we came up with a management plan based on that. It's a sound process; it's
based on some science to the best of our knowledge. Some of the recommendations include
more study. There's very little information about groundwater in the whole watershed, not just
in Tompkins County. So basically that resolution says that the Town would continue working
with the IO and participate in the 10 and work to improve and protect the watershed.
Cl Beck - What about funding?
Cl Grantham - That we would continue to pay the dues that we`ve been paying, which
have been $900 a year. At some point the IO is going to come back and say we need more than
that, but we're not doing that now. What we'd like to do is a formula that maybe the counties
would pay more, villages would pay less, and towns would be in between. With state money
there is usually a match. You can do it in kind, but some of it has to be cash, and that's why
that comes up.
Cl T Hatfield - So it was a resolution of support.
Cl Grantham - Agreement to participate.
Atty Perkins - Continue it.
Supv Varvayanis - It's an actual membership and dues.
Atty Perkins - It's to continue the membership in the 10.
RESOLUTION 0 169 - SUPPORT FOR CAYUGA LAKE WATERSHED
INTERMUNICIPAL AGREEMENT
Cl Grantham offered the following resolution and asked for its adoption:
9 Page 17 pt' 26
TB 7 -11=0 I
RESOLVED, that this Town Board recognizes the importance of the Cayuga lake
Watershed Intermunirapal Agreement and supports its continued membership in the
intermunicipal organization.
2 11a Cl Beck
Roll Call Vote
ATTORNEY
Cl Beck Yes
Cl T Hatfield Yes
Supv Varvayanis Yes
Cl C Hatfield Yes
Cl Grantham Yes
Atty Perkins - I sent you a memo on June 21 about the status of the Moore Woods
Subdivision. For Kevin's information and Henry's I think you should consider that that
subdivision was abandoned. That's certainly the opinion of John Andersson. I concur with
that opinion. Those lots have not been separately assessed for some six years, so I think our
position should be that we abandon that subdivision. If somebody comes in for a building
permit for a single family residence, you're going to treat it just like any other application. If
they come in for an application on a ten acre parcel you're going to treat that like you do any
other application, but: if people think they are going to get several building permits there
without subdividing, that's where we have to draw the line.
Cl C Hatlield - After an owner makes a subdivision, he can go and cancel it?
Atty Perkins - He can cancel it, that's right. He loses everything he's invested in it.
Cl Grantham - He did it so that he didn't have to pay taxes on separate parcels. He's
got a bunch of for sale signs up.
Cl C Hatfield - But if he wants to subdivide the whole thing he's got to do it again.
K Ezell - He can go
through
the subdivision regulations
as they are in the law now. He
could divide that into four
lots if he
kept one for himself within
a five year
period.
Atty Perkins - Or as many ten acre parcels as he can.
Cl Grantham - Do we need to do anything else about that? Do we need to send him a
letter?
Atty Perkins - It probably wouldn't be a bad idea so that he's on notice. If you want me
to do that I will do that.
Cl Grantham - Should it be copied to the county or anybody like that? I'm thinking
about potential buyers.
Atty Perkins - We can record a copy of that letter in the County Clerk's Office and index
it against his deed to the property.
The board felt this was a good idea and directed Atty Perkins to do that.
Atty Perkins - I sent you a memo on potential administrators for our housing
rehabilitation program. Basically the only person I came up with was Bernie Thoma. I did
speak with George Frantz, but he's not really geared up for this kind of work. Mr. Thoma did
send a proposal to Mark, so that awaits your action.
Page I Hof 26
T8 7- 11-01
I'm reporting to you that
the Town
of Dryden /Cayuga Press loan closed
on July 9. The
money was disbursed that day.
I've given
the original documents to Mark and
copies have
gone to Bernie Thoma and he is
®
doing the
monitoring and so forth.
On Sapsucker Woods Road and Cornell University, an agreement was signed finally
yesterday. Everything that Cornell has been required to do up to this point has been done
except for some confusion over the date on the letter of credit, and Jack is prepared to release a
highway work permit upon confirmation that we've got a letter of credit with the correct date on
it. So that's moving forward.
Bambi sent me a notice of a bankruptcy by Daniel & Christine Crispell who owed the
Town some money in connection with a special permit for property at 234 Johnson Road. 'Ibis
is a no asset bankruptcy. You cannot even file a claim unless you're instructed to do so.
With respect to the Peregrine Hollow Subdivision, the property was auctioned off' by the
County who acquired the property under a tax foreclosure. The property was purchased by
one individual who has combined lots 1 through 26 into one parcel and has abandoned the
subdivision approval for that part of it. This will not affect phase one, which is where they're
building right now. There are a number of lots there that have houses on them. There are
some roads we've accepted, there's water and sewer in there and so forth. I think your policy
should remain in place with respect to the $5,500 to be paid by each lot owner before they get
a CO. That fund is designed to enable the Town to build a meter pit on the line between the
Town of Ithaca and the Town of Dryden to install a meter. When we have sufficient funds do
that we can do it, or if pressed earlier, we can always do it: and bond the costs and assess it:
against the 26 lots using what funds we do have.
Supv Varvayanis - If there are only going to be 26 units going in there will we still need
to put: in a meter pit?
Atty Perkins - I think that's something we can go to the Torn of Ithaca and say as long
as we don't have any more flow than from 26 houses here, that's not much and do you really
want us to spend this amount of money to do it. Probably they'd be willing to do it on an
estimated basis based on average daily water consumption. All the water is metered.
Supv Varvayanis - Kathy is on vacation. I71 talk to her when she gets back.
Atty Perkins - It may be one of those things that's not worth discussing until you have
to.
On Woodland Park Subdivision, I have received from the attorney for Mr. Sutton the
proposed declaration of covenants and easements based upon the directions given by the Town
Board to make the respective property owners liable for the maintenance of the drainage
easements. Mr. Sutton is prepared to do the work and I'm in the process of putting together an
agreement for your approval and review having to do with implementing the drainage
improvements as modified and as recommended by the engineers so these drainage structures
are located on one lot instead of two lots and realigning them. Of course that will be subject to
your review, probably at your August meeting. We'll get something out to you ahead of time. It
looks like that's finally coming together and Mr. Sutton is ready to do the work.
Supv Varvayanis advised the Board that the Cutias would like to give an update on the
Ithaca Produce matter.
Brent Maynard of Ithaca Produce thanked the Board for working closely with them and
® for its patience as they've worked through the issues in creating and implementing their
Page 19 of 26
TB 7 -11-01
landscape plan. He also thanked Henry Slater who was instrumental in finding the right
people to help them get the job done. He distributed pictures of the working being done and
construction of the berm. They would like an extension of the June 30 date for project
completion, a few more weeks to finish the project.
The board examined the landscape plan and Cl T Hatfield said he was please with the
plan and that the work is proceeding. Cl Beck said he was thrilled they were started, and he
hoped they understood that the Board had to enforce the law. Cl Beck thanked Henry and
Kevin and stated their report was very complete. Cl T Hatfield stated the board had last
passed a, resolution leaving the matter in ZO Slater's hands and if everyone was satisfied, it
could be left there. The board agreed to revisit the matter on August 1.
ENGINEERING
No report.
DEPARTMENT OF PUBLIC WORKS
Jack Bush explained that they had received no bids on the John Deere 425 lawn tractor
(advertised at a minimum bid of $6,500) and he would like to readvertise it with no minimum
bid requirement and a right to reject any and all bids. If it was sent to auction there would be
a 100% fee to the auction service. After discussion, the board agreed.
RESOLUTION #170 - SELL JOHN DEERE 425
Cl Beck offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby authorizes the Highway Superintendent to
readvertise the John Deere 425 with no minimum bid requirement, and the right to reject any
and all bids. 0
211d Cl C Hatfield
Roll Call Vote Cl _Beck Yes
Cl T Hatfield Yes
Supv Varvayanis Yes
Cl C Hatfield Yes
Cl Grantham Yes
J Bush - Earlier you mentioned the highway work on Bone Plain Road, and rather than
get into any detail I'm just going to say that I'm pretty sure this is going to be resolved and
everybody is going to be happy when it's all done.
Cl C Hatfield - I came down the road today and I see the stone has separated.
J Bush - All the road that were surface treated last year, basically stone and oil to
protect the thickness that's there, the main investment, for some reason we've had 40 to 509/6
stone loss. We always have some, but nothing like that. I've talked with the vendor and they
agreed to come back and warranty all the work at no cost to the Town. Several people on that
road do not want to see it re- stoned and oiled. I've asked the vendor to offer a different method
of surfacing treating and that's what we're going to do.
Cl C Hatfield - For all the signatures, there's not a soul here.
•
Page 20 of 26
TB 7 =11-01
J Bush - There were over 60 signatures so I feel it's important. I think the people have
spoken and my solution is to resolve it with a different method.
0 TOWN CLERK
Town Clerk asked for approval of minutes of the May meeting.
RESOLUTION # 171 - APPROVE MINUTES
Cl Grantham offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves the minutes of the town board
meetings of May 2, 2001 and May 9, 2 00 1.
2nd Cl C Hatfield
Roll Call Vote Cl Beck Yes
Cl T Hatfield Yes
Supv Varvayanis Yes
Cl C Hatfield Yes
Cl Grantham Yes
B Hollenbeck reported that the Recreation Partnership had asked the Ithaca Youth
Bureau as provider of recreation services for the partnership to present a budget for 2002 with
no increase over the previous year and they did. In the past the City of Ithaca has covered any
budget over runs but that is not the case now. The partnership would like each participating
municipality to add 3% to their portion for the 2002 year to be designated as a contingency
fund in case of emergency budget over runs. Dryden's contribution this year computed
according to the formula and the added 3% would be less than last year. The partnership
would like to know whether participating municipalities would be agreeable to the additional
3% and the sense of the board is that it would be.
B Hollenbeck reported that a dog enumeration needs to be done in the Town and she
will place an ad in the paper for someone to perform that task. An enumeration should be
performed every two years. The SPCA performed the last enumeration (four years ago) for a
considerable fee and will not do it: again. Clerk reminded the board that the licensing of dogs
ensures they have been vaccinated for rabies.
ZONING OFFICER
Kevin Ezell presented a memo to the Board regarding the annual conference of ICBO to
be held in Cincinnati, Ohio, from September 16 to September 20, 2001. He would like to
attend and estimates the costs to be approximately $1,200.00.
RESOLUTION #172 - AUTHORIZE K EZELL TO ATTEND ICBO CONFERENCE
Cl T Hatfield offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby authorizes Kevin Ezell to attend the annual
conference of ICBO to be held in Cincinnati, Ohio, September 16 - 20, 2001, and the
expenditure of a sum of not to exceed $1,200 to cover expenses in connection therewith.
2,vd Cl Grantham.
Roll Call Vote Cl beck Yes
Cl T Hatfield Yes
® Supv Varvayanis Yes
Page 21 of 26
TB 7 -.11 -0 1
Cl C Hatfield Yes
Cl Grantham Yes
Kevin Ezell reported that Department: of Environmental Conservation is going to start
resurveying of the Fall Creek area at Forest Home Drive within the next two to three weeks for
the flood plain mapping. Grant work for that area will then be able to move ahead. They will
do a fly over in October and November and claim the map will be accurate within seven
centimeters.
DISCUSSION
Cl T Hatfield stated he may have misspoken regarding Road Runner being offered Gee
to municipalities. Road Runner is a different division from Time Warner and what is offered
free is the INET. He still feels that Road Runner would be better than modem access to the
internet. He has received a proposed franchise renewal agreement and that was distributed to
board members. He would like feedback regarding the proposed agreement..
Cl Grantham said with regard to the internet that we need to be pretty careful about
having computers with official records networked. The website should be on a server that is
not connected to any other computer in the building. The best: way to have computer security
and protect records from corruption is to not have them networked. She will try to get a policy
from other places in order to develop some guidelines.
K Ezell stated that the new phone system had been installed. There were two additional
phones added for the justices that had not been included in the original quote. He will contact
the telephone company and cancel the Centres service from the telephone company.
Cl Grantham stated that there had been a Better Housing Oversight meeting yesterday
and the foreclosure was discussed. Better Housing is going through all the liens to make sure
that addresses are correct and they will find out what has to be done to change it. Atty Perkins is
stated that: if the address is incorrect on the lien at the courthouse it is a difficult procedure to
correct it. Cl Grantham stated there is $60,000 in uncommitted fiends left on the grant. She
felt that Bernie Thoma's price for administration is pretty high for that. Atty Perkins staged
that Better Housing should also be making sure that insurance is in place, that the paper work
is filled out correctly, as well as making sure the address is correct. Cl T Hatfield stated he felt
B Thoma's cost was realistic for the type of work that really needs to be done. It was $1,000 to
$2,000 per case for the existing cases, and $2,500 for new cases.
Cl T Hatfield - That is a lot of dollars in administrative costs. On the other hand, we
just saw a lot of dollars disappear.
Cl Grantham -'There are six pending cases, so that's $6,000 to $12,000 to finish those,
plus there is three to six more that we could do. We've been spending about $20,000 per home
and $3,000 to $6,000 on a mobile home. So depending on what we do it's probably 3 to 6
cases.
Cl T Hatfield - I was d inking of a two pronged approach. Maybe we could go back to
Bernie and see if we can get that tightened up a little bit_ This was a broad brush sense of
what it would be. I'm not quite sure why it would be what it is, but he's in that business. He's
got a lot of experience in it and has done a lot of them for a lot of other communities.
Cl Grantham - Jim Hanson is going to go find out why it happened, too, supposedly
from the County.
Cl T Hatfield - We don't have to take action tonight.
Page 22 of 26
T13 7-11 =0 1
Supv Varvayanis - That's the thing too. We're blaming Better Housing quite a bit, but
the County was the one we contracted. They subcontracted with Better Housing. Jim Hanson
shares a lot of blame for this. They were paid $40,000 for what they did.
Cl T Hatfield - Maybe we ought to find out some more information. We've already paid a
big dollar for administration.
Cl Grantham - We have, so I think we need to get them to do some legwork for us. Our
next meeting is August 1.4, but I can check with them before then. I'll ask Jim if he can come
to our next board meeting.
Cl Grantham - On the building needs, we met on Monday as a committee and
interviewed Pamela Kingsbury from Egner. We were pleased and the committee recommends
that we hire that firm to do the needs assessment. They answered the RFP, they had a good
scope of work, they included the cost of the work and they didn't decide ahead of time what we
needed and what eve ought to do, whereas the Schickel application already had in it what was
going to happen. It also didn't have a plan of work and it way exceeded the scope of the RFP.
The Sear group didn't address the RFP at all, didn't have a plan of work and no cost estimate.
So the recommended Egner and we had them fax a contract which Mahlon has looked at and
we have a first meeting tentatively scheduled with them in anticipation.
There were a couple of things that would be extra. If we wanted her to evaluate
alternative sites, if we got to that point in the study and said it needs to be at a different site so
look into that, it would be mi additional expense. I don't think we need to worry about that
unless it happens.
RESOLUTION #173 - AUTHORIZE CONTRACT WITH EGNER ASSOCIATES FOR
FACILITIES/ NEEDS STUDY
Cl T Hatfield offered the following; resolution and asked for its adoption:
RESOLVED, that this Town Board hereby accepts the recommendation of the building
committee to contract with Egner Associates for a facilities/ needs study, and the Supervisor is
authorized to sign the contract upon approval of counsel.
211r] Cl C Hatfield
Roll Call Vote
Cl Beck Yes
Cl T Hatfield Yes
Supv Varvayanis Yes
C1 C Hatfield Yes
Cl Grantham Yes
Atty Perkins - Your approval I guess says you're satisfied with the space facilities study
task, process and deliverables.
Cl Grantham - Yes.
Atty Perkins - What kind of a time for completion do you want to put in there?
Supv Varvayanis - October 31?
Cl Grantham - I'm thinking we should aim for October and she seemed to think that
was reasonable. That would be more than 3 months.
Page 23 of 26
Atty Perkins - The compensation provision appears unclear and I think
to suggest is that when they think they are about half done, have them voucher
we'll pay them 90% of whatever they figure is done at that point and then when
draft final report, we'll pay them another 90`%) of the balance. Upon acceptance
report we'll pay them whatever is due. If that's okay, that's what I suggest.
Cl Grantham - That's okay.
TS 7- 11-01
what we ought
that work and
they submit a
of the final
Atty Perkins - And I'1.1 just point out that they're going to get a multiple of 1.1 of their
reimbursable expenses. Their insurance does not meet the current insurance standards. If
you want to waive that requirement you should probably pass a resolution to the effect that
you're willing to waive compliance with the standing town insurance requirements. It's
probably enough for the study. It wouldn't be enough if they were going to go to the design
phase. They've got a general aggregate and we require six.
Supv Varvayanis - This is the third time this has come up this summer. Should we get
our insurance requirements to start at a lower level?
Atty Perkins - I don't know that %ve want to start at a lower level. You may want to
consider making companies aware of what our insurance requirements are and ask them to tell
us what their timits are and what the additional costs would be. I wouldn't suggest changing
our limits necessarily, but on a case by case basis taking a look at. what they're doing. I think
w *hen you go to the design phase, this isn't enough.
Supv
Varvayanis -
In
the previous two we
decided we wanted to hold to it, and we paid
each $1,000
and if we (lid
it
at this time it would
be $1,000
presumably again.
Atty Perkins - The
point is
we don't really
know what it would be.
Supv Varvayanis -
I'm just
saying that we
already spent $2,000 on the other two.
Atty Perkins - I'm just saying what they have on their certificate is not what you usually
require, so you can waive that based on the amount of risk involved and tasks they are going to
perform.
C1 T Hatfield - We should waive that for this one. I think the point is well taken. We
ought to look at that policy because we can buy insurance cheaper because of our size.
Atty Perkins - I think it's incumbent upon the contractor of the Town to demonstrate
the actual cost: of that additional coverage whether it be just an increase in the amounts of
their excess liability, which is usually the way it's done because it's the cheapest way to do it.
Cl Grantham - Shall we waive it?
Cl T Hatfield - I'm willing to waive it on this one. It's a study.
RESOLUTION ti 174 - WAIVE INSURANCE REQUIREMENT FOR SPACE STUDY
Cl Grantham offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby waives the Town's normal insurance
requirement for the contract, with Fgner Associates to perform a facilities/ space study.
211d Cl C Hatfield
Roll Call Vote Cl Beck Yes
Page 24 of 26
TB 7- 11411
CI T Hatfield Yes
Supv Varvayanis Yes
CI C Hatfield Yes
C1 Grantham Yes
RESOLUTION # 175 - APPROVE ABSTRACT # 107
Cl Grantham offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves Abstract # 107, Vouchers #480
through 557, as audited, totaling $142,066.38.
211d Cl C Hatfield
Roll Call Vote
NEW BUSINESS
C1 Beck Yes
Cur Hatfield Yes
Supv Varvayanis Yes
Cl C Hatfield Yes
Cl Grantham Yes
Cl T Hatfield - Every once in a while the subject of turning the Clerk's term in office
from two years to four years comes up. If I remember right, to do that takes voter approval via
a referendum. I don't know if anyone's thought much about it, but the last time we made
changes the clerk at that time wanted to stay at two years. It seems to me it makes sense to
have that as a four year term.
Atty Perkins - You'll have to pass a local law subject to a mandatory referendum.
C1 Grantham - So in order to get on the ballot in November we have timing
requirements.
Atty Perkins - You'd have to check on the time, introduce a local law and then you'd
have to have a, public hearing on it which you could have at your second August meeting.
Assuming there's enough time it could be on the ballot in November.
Cl T Hatfield - We'd like you to look at that and give us some guidance.
Supv Varvayanis - Would you like to have a four year term?
B Hollenbeck - Yes.
Supv Varvayanis - It makes sense to me, so sure, see if we can get it done.
C1 T Hatfield - The other thing that came to my attention from a citizen the other day is
that a lot of folks are putting up these storage sheds that you can buy in the community for
not a lot of money. If you are putting in the first one I think to have a building permit and
zoning permit and such is fine, but when it falls apart in six years and you want to put a
second one up, it seems like $50.00 to replace an existing shelter on an existing spot is a little
excessive. Our permit rates haven't been looked at in a very long time and I don't think there's
a lot of work that goes into issue that type of permit for a replacement of one of those units.
K Ezell - No, and for inspection on that, what are you going to do? It's there, it's done.
You go there and make sure it's within the set backs.
Page 25 of 26
TB 7-11-01
Cl T Hatfield - I think we should ask Henry & Kevin to take a look at that.
K Ezell - It still requires a zoning permit regardless of size. Under our law anything in
excess of 140 square feet: requires a building permit in addition to a zoning permit. I don't see
the requirement for having a building permit where it's a prebuilt issue.
Cl T Hatfield - I started out defending; our fee structure and before I got very far into the
argument I couldn't do it anymore. 1 said I'd bring it to the board and share the story and see
if there is a way to modify it on some basis.
K Ezell - I'll be glad to look into and talk to Henry.
Supv Varvayanis - But you still have to drive out there and look at the structure and
make sure it was as represented.
Cl T Hatfield
- I'm
just:
thinking maybe
we need a
fee structure
for that type of a deal.
Instead of
$50, if you
add
it all
up it's $25.00. I
still think
there's a lot
of issues there.
K Ezell - I
think it's a zoning issue more than it's
a building code issue
and I
think
that
the zoning permit:
is applicable for that type of structure,
but not necessarily a
building
permit.
Cl T Hatfield - You can look into it and get back to us.
Supv Varvayanis reminded the Board there will be a TCMOA meeting on July 17 and
the Association of Towns will be represented. They will discus's what has to be done to turn the
County back to a board of supervisors.
On motion made, seconded acid unanimously carried, the meeting was adjourned at
11:00 P.M. 0
RespeclAilly submitted
&,X,41 AWA & 4��—vorr
Bambi L. Hollenbeck
Town Clerk
Paige 26 of 26
Town of Dryden
Town Board Meeting
® July .1.1, 2001
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for the reasons of paint and windshield damage to automob
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To Dryden Highway Superintendent and Dryden Town Board
We, the taxpayers of the Town of Dryden and residents of
Bone Plain Road, are against the resurfacing with stone and oil
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It is a waste of taxpayers' money.
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We, the taxpayers of the Town of Dryden and residents of
Bone Plain Road, are against the resurfacing with stone and oil
for the reasons of paint and windshield damage to automobiles
and property damage.
It is a waste of taxpayers' money.
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We, the taxpayers of the Town of Dryden and residents of
Bone Plain Road, are against the resurfacing with stone and oil
for the reasons of Paint and windshield damage to automobiles
and property damage.
It is a waste of taxpayers' money.
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