HomeMy WebLinkAbout2001-09-12Board Members Present.:
Other Elected Officials:
TB 942 -01
TOWN OF DRYDEN
TOWN BOARD MEETING
SEPTEMBER 122 2001
Supv Mark Varvayanis, Cl Ronald Beck, Cl Thomas Hatfield,
Cl Charles Hatfield, Cl Deborah Grantham
Bambi L. Hollenbeck, Town Clerk
Jack Bush, Highway Superintendent
Other Town Staf% Mahlon R. Perkins, Town Attorney
Henry Slater, Zoning Officer
David Putnam. (TG Millers), Town Engineer
PUBLIC HEARING
SITE PLAN REVIEW FOR CONWAY CONSTRUCTION
TO CONSTRUCT A 4400 SQUARE FOOT FACILITY AT
1465 DRYDEN ROAD
Supv Varvayanis opened the public hearing at 7:10 p.m. and Town Clerk read the
notice published in The Ithaca ,Journal. Board members have previously received application
materials.
John Conway stated that the building will be almost identical to the existing facility.
Dave Putnam stated the original drainage plan anticipated further development and the pond
in the original development is large enough for the additional building and parking, but he
would request that Mr. Conway's current engineer certify that it is built and si7ed according to
the original plan. The building will be used as a warehouse only with no manufacturing.
Materials will be received and distributed at the facility. Truck activity is expected to be
minimal. Mr. Conway explained the drainage plan. Cl Grantham is concerned that runoff may
affect the leach field. D Putnam stated that Gary Wood is going to work with the applicant to
keep the drainage from sheeting across the leach field. The buildings are about 100 feet apart.
Proposed hours of operation are same as the existing approval. The unique natural
area referred to was located on the map and is not close enough to be a concern.
Supv Varvaym -lis asked if there were any other questions. There were not, and the
public hearing was closed at 7:20 p.m. Supv Varvayanis then opened the Town Board meeting.
Members and guests participated in the pledge of allegiance, followed by a moment of silence. 9...
t
Town Board reviewed the environmental assessment form completed by Mr. Conway Q
(contained in file). It was noted in part one, question # 10, that a permit was required from the
Tompkins County Health Department, and the board reviewed part two item by item.
RESOLUTION #190 - SEQR NEG DEC CONWAY CONSTRUCTION
1465 DRYDEN ROAD
Cl Grantham offered the following resolution and asked for its adoption:
RESOLVED, that this Town board hereby issue a negative declaration based on the
SEQR review for the special permit application of Conway Construction to construct a 4400
Page 1of14
T.89-12m0l
square foot building at their existing 1465 Dryden Road site. This is an unlisted action and the
Town of Dryden is the feud ugency in uncuardinated review. The Supervisor is authorized to
sign all necessary documents.
2nd Cl T Hatfield 6
Rot Cajl Note C1 13eck Yes
Cl T Hadfield Yes
Supv Varvayanis Yes
Cl C Held Yes
Cl Crantharn Yes
O Slater suggested that the e.4asting conditions apply to this building. Cl T Halfeld
would like certification by the applicant's engineer with respect. 110 the as built conditions of the
drain.
RESOLUTION #191 - APPROVE CONWAY CONSTRUCTION SITE PLAN REVIEW
APPLICATION - 1466 DRYDEN ROAD
C1 T Hatfield offered the following resolution and asked for its adoption_
.RBSOLVED, that this Town Board hereby approves the site plan review application of
Con av Construction to construct a 4400 square foot facility at 1465 Dryden Road, subject to
the following conditions;
1. As -built certificatian by the applicant's engineer with respect to existing
drainage and pond,
Existing Conditions of approval granted on February 9, 2000, 4
2nd Cl C Hatfield
Roll Call Vote Cl Beck Yes
Cl T Hatfield Yes
Supv varvoysnjs Yes
Cl C Hatfield Yes
Cl Grantham Yes
Moriika Roth of Cooperative Extension exglMried that Cooperative Extension had been
providing staff support to the Ag and Farmland Protection Shard_ She introduced Debbie
Teeter who has been working on profilos of agriculture for each town and has pacJ<aged the
information so that it can be used by the Town for planning purposes and to give the Town a.
better picture of what the scope of agriculture is. She also introduced Gearge Frantz vvbo is
doing a. Feasibility study to look at purchase of development rights_ They would like to begin a
program iu 'I mpldns County that will help them target areas where the landowne-rs could
conside r having the developmenta) rights sold so that the land would %I :ay in agriculture in
perpetuity,
Debbie Teetcr pre utm Led the board with copies of a document entitled "Town of Dryden
2001 Agricultural profile "_ 1wo sourcew of information uvere used for the report, the 2001
agricultural tax assessment information and the 1996 Ag District Review information. D Teeter
sYtated tk�l, Dryden is home to some of the largest firms m the County. The report shows the
number of acres (both owned & rented) formed in the town, soil types, type of farm information,
income, etc. The report is available at the Town Clerk's Office.
F1'dge 2 of 14
TB 9- 12 -t11
Monika Roth noted that there is no collection of agricultural data at the Town level, and
this report would not exist without the efforts of the Farmland Protection Board. The report
would be useful in the comprehensive plan. Cl Grantham stated she would like the Planning
Board and Conservation Advisory Council to receive copies of the report and put it on the Web.
George Frantz explained that he has been hired along with the American Farmland
Trust Northeast office in Saratoga Springs and they are doing a study for Tompkins County to
answer the question of whether it would be feasible for the County to set up a purchase of
development rights program to buy agricultural conservation easements to protect the best
agricultural land. They are identifying where the actively used farmland is concentrated in
Tompkins County and there is a large concentration in Dryden and in Lansing. They have also
identified where the best soils are in the County, as well as where farmers who participate in
the County's Agricultural District program are concentrated. Those are three criteria that they
are using in selecting potential target areas for purchase of development rights.
There are some areas of the County that are potentially environmentally important.,
such as unique natural areas, that are not protected either because they are in State parks or
under ownership of the Finger Lakes Land Trust or Nature Conservancy. They are looking into
whether it would be a good idea for the County to also protect them with conservation
easements.
The potential cost of the program will be assessed and ways of fiuiding a program will
be investigated. The administrative structure for the program also needs to be discussed.
G Frantz explained that they would like feedback whether the Town Board had any
initial feelings about the program, if it is something the Town would be interested in the
County pursuing, whether the Town would be interested in partnering with the County to fund
or fully fund the program. G Frantz stated it is easy to protect agricultural land, but it is
® difficult to preserve agriculture and Tompkins County has W10 more woodland today than it
did at the end of World War 11. Cl T Hatfield noted that the program would need some
flexibility, and George Frantz stated that: while in theory the developmental rights are sold to be
held "in perpetuity ", the government could at some point in the future determine that it is no
longer appropriate to have the land protected, the rights could be sold back to the landowner.
There
will
be
a public information meeting on the subject on October 16, 2001, from
noon to 2:00
p.m.
at
the Dryden VFW.
James Buckley, Paramedic, explained that he would like the Town to hire Heather
VanDemark as a third paramedic for the Town. She has been volunteering for the past month.
He would like to put her on as a second for a thirty day period with volunteer personnel and
where necessary put her on with paid staff for training purposes, and evaluate after thirty
days. J Buckley stated she has the ability to become a very good paramedic. Hiring her would
fill the coverage gap they are currently experiencing. They would like to put her on part -time
beginning immediately until drug testing has been completed. Cl T Hatfield suggested that the
Supervisor be authorized to deal with the situation as he sees fit as the position needs to be
filled and the overtime expenses have been heavy. J Buckley explained that the Town's policy
has been to hire paramedics with a year experience, and Ms VanDemark is a new paramedic.
RESOLUTION #192 - AUTHORIZE SUPERVISOR AT HIS DISCRETION TO HIRE A
PARAMEDIC WITH LESS THAN ONE YEAR EXPERIENCE
Cl T Hatreld offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby authorizes the Town Supervisor to hire, at
® his discretion, a paramedic to be employed by the Town with less than one year's experience.
Page ; of 14
2rnrl Cl beck
Roll Call Vote
COUNTY BRIEFING
Cl Beck Yes
Cl T Hatfield Yes
Supv Varvayanis Yes
Cl C Hatfield Yes
Cl Grantham Yes
TB 9 -12 -01
Michael Lane - On the discussion you just had on the purchase of development rights,
the reason I chimed in there about the possibility of the Town being the primary financial
sponsor is because I think there are a lot of questions about that kind of program. The
ultimate land use decisions reside with the Towns and Villages, and it seems to me that that's
where this belongs, and not at the County level. The County does not have land use authority
and I think that keeping the Town and Villages in the forefront.... I know that this is something
they have in the Town of Ithaca, and I think that: if we are going to go ahead with this, it needs
to keep in mind the local participation as much as possible.
M Lane exhibited the books the County Board Reps use in working on the County's
budget. In the base budget they have asked departments for a 2% decrease over last year.
Union increases, utilities, and other continuing costs have to be considered. Over target
requests are reviewTed and acted on by the County Administrator. At this point they are looking
at a 4.6% tax rate increase. The budget has gone to the program committees for review. In
October the budget will go to the full Board of Representatives which will review it again. The
County is concerned what the effect the situation with the State budget will have. For the last
30 days the County has funded agencies which receive their funding directly through the
County from the State of New York. Those agencies will be receiving a notice that the County
will not be able to do that for 60 days. The County has tried to avoid that because it may mean
shutting down programs or laying people off.
In the CH PS program money, the operation and maintenance portion, (over $200,000 to
the County) is not in the base state budget recently passed. It does not look like the money will
be restored this year. The County has continued it's highway program based on the
assumption that they would get that money and if they don't they will have to reduce their
program by twice that amount next year in order to make up for what was spent this year.
The County projects that sales tax will remain constant: or increase slightly next year,
even with taking into account the reduction for clothing and shoes, scheduled to take effect in
March 2002. Mr Lane feels that the because the County has gone slowly with the elimination
of the sales tax Towns have been better able to plan for the effect on their budget.
The distribution of sales tax based on the new census will take place beginning this
coming quarter.
M Lane spoke regarding the recent converted lear jet crash at the airport. The plane is
being studied in Maryland to determine the cause of the crash. An editorial in The Ithaca
Journal criticized the fact that the tower is not staffed all the time and intimating that may
have contributed to the crash. Public Works has reviewed that issue. The tower has been
staffed in that manner for several years and is run by the FAA through a contract with a
private company. The county does not feel that: staffing of the tower contributed to the crash,
and the ultimate decision to take off or land is that of the pilot. The purpose of the tower is not
to provide constant protection and constant permission to take off or land, but rather to be a
part: of the air traffic control system and keep airplanes separate,
Page 4 of 14
TB J -12411
Three residents from Ellis Hollow attended the last county meeting, Peggy Walbridge,
Robin Seeley and Art Lustgarten, regarding the status of the Ellis Hollow Road reconstruction
® project. A request for proposals for an engineering firm has recently been issued and they will
be reviewing the proposals and selecting a firm hopefully by the end of the month. The first of
the public meetings in the area. will then be scheduled in October.
COUNCIL PRIVILEGE OF THE FLOOR
Cl Grantham noted that there are several committee openings now. Larry Fisher,
formerly serving on the Transportation Council Planning Committee has moved. He left the
name of someone who is interested in serving. The Conservation Advisory Commission has
recently lost Tahnee Robertson, who moved, and Ed McClenahan, who died a few weeks ago.
The Conservation Advisory Council has provided a list of people who may be interested. Cl
Grantham will bring applications next month for people to look at.
On behalf of the Cayuga Lake Intermunicipal Organization, Cl Grantham recently
submitted a proposal to the Department of State Waterfront Revitalization Program. This is for
restoration work in the Cayuga Lake Watershed, specifically roadside erosion and streambank
erosion. Cl Grantham thanked Jack Bush for giving her some information for the proposal.
That: money would be administered by the Town of Dryden on behalf of the 10. A resolution of
the Board supporting the application is necessary and must also be submitted. The IO needs
to do a dollar for dollar match. The total project cost is $617,280. The assistance requested is
$308,640. The roadwork would mainly be done in other towns in the watershed. The stream
bank stabilization would include some work in Fall Creek in the Town of Dryden.
J
C1 Grantham - $308,000 is state money and the other half is local match. That comes
from all kinds of sources. We have about $40,000 in balance, plus we get annual fees from the
member municipalities. Any kind of volunteer work counts as in kind, so every hour that I and
® all the other representatives attend IO meetings and committee meetings is $10 or $15 of
match. Any kind of work that the Towns might contribute, roadwork and materials, would be
paid for from the state funding, so the work would be match. With the streambank restoration,
some of the work would be surveying the streams and designing. I think the City of Ithaca will
contribute the surveying because they are already doing some of that work in Cayuga Inlet.
We'll also be looking for other grants, too. There's a good chance well get this one because
they just spent three years of funding to get us to the point of having a restoration protection
plan for the watershed. As soon as we have that funding, we have leverage to get other
funding.
Cl Grantham reported that they could not ask for administrative assistance so she
could not get any funding for Dianne McFall to help, and will try to keep her work to a
minimum. Dianne McFall's time would be in kind contribution, as well as any work done by
Matt Shulman.
RESOLUTION #193 - SUPPORT CAYUGA LAKE WATERSHED INTERMUNICIPAL
ORGANIZATION APPLICATION
Cl T Hatfield offered the following resolution and asked for its adoption:
WH EREAS, the Town of Dryden is an active member of the Cayuga Lake Watershed
Intermunicipal Organization and supports the work of the organization, and
WHEREAS, the Town recognizes that the work of the Intermunicipal Organization,
including the watershed characterization and the restoration and protection plan is important
to the residents of the Town of Dryden, and
Page 5of14
TB 9 -12-01
WHEREAS, the Town of Dryden will be chairing the Int:ermunicipal Organization
beginning in September of 2001, now therefore, be it
RESOLVED, that the Town Board of the Town of Dryden supports the sApplication for
funding submitted under the Local Waterfront Revitalization Program, year 2001 -2002.
2nd Cl Beck
Roll Call Vote CI Beck Yes
Cl T Hatfield Yes
Supv Varvayanis Yes
Cl C Hatfield Yes
Cl Grantham Yes
Mike Lane - I want to talk about the aquifer study, which is a proposed capital program
in the County Budget. The proposal is for a $900,000 project, which if you take 30% by the
United States Geological Survey, $90,000 by the municipalities, and the balance of $540,000
by the County, basically that's a 10% share by municipalities and a 60% share by the County.
Although the particular areas which we looked at haven't been determined, under the criteria
possibilities would be Virgil Creek in Dryden, lower Fall Creek in McLean, Freeville and Etna,
the west branch of Cayuga Inlet in Newfield, the Owasco Inlet in Groton, the Middle Six Mile
Creek in Caroline Valley would be candidates for these kinds of studies.
What I want: to bring to your attention is there is a real discussion about whether the
County should put up the 60"/0 or whether it should be a 50/50 split with municipalities, I
support the capital project as it is written, but there are others who do not. If this is something
the Town of Dryden is interested in, you want to keep track of this and let your opinion be
known on it. It's something that I'm afraid is going to be subject to attack in the budget.
Frankly, the lawsuits have poisoned a. lot of the good feeling that there was between the
County and the Towns and I'm worried about that. I'd like to see this go ahead and have folks is
let their opinion be known about that.
Cl Grantham - So Mike, the numbers are $300,000 per reach on average?
M Lane - Well, they haven't decided
yet. It could
be,
on average, but some reaches are
larger than others. The Virgil Creek reach,
for example,
is a
pretty big one.
Cl Grantham - And what's the division again?
M Lane - 300/, Federal Government grant, 60% County, 10" /o municipality. What was
also talked about at the budget committee was a 30 -35 -35 split.
Cl Grantham - So that's on average first off, and secondly, A's spread over a....
M Lane - It would be a capital program. They're looking at a five year pay out of that.
They'd borrow money for it. And that will not do all of the County. You're probably talking five
million dollars to do all the County.
C1 Grantham - And how many of those are in Dryden, the priority ones that you listed?
M Lane - Again, they are just candidates that they've listed. They mention Virgil Creek
and lower Fall Creek,
Supv Varvayanis - That would be something like $60,000 for the Town. Do you have
any idea when you would know whether....
Fake 6 of 14
TB 9 -12-01
Cl Grantham - It would be more than $60,000.
M Lane - We could talk about spending this. First: of all we're going to have to identify
where they are going to go. We're going to have to negotiate with the particular Towns to make
sure that they have the agreement. I assume there would be a contract or a memorandum of
understanding. I could see it happening in 2002 for a particular reach. It may go to 2003.
Cl T Hatfield - Let me see if I can explain what I think Mark just said when he said
$60,000. If on average it's $300,000 and if there are two reaches that are priority for Dryden,
this is $600,000 and 10" /o is $60,000. You're talking about that over a five year period of time
bonded. In the budget it's 20- 25,000 a year with interest, actually less. Something less than
$1.5,000.
M bane - Maybe Dryden won't want to participate. Maybe Caroline won't want to
participate first. Or maybe you want to do it in 2004. I don't know, but the first step is to get a
project if this is something the folks want to have, If it's not something you want to have, then
I don't want to be behind it. But I got the impression from your resolution that: this is
something important to our community.
Cl Grantham - Yes. And it's good to have these numbers. Kate Hackett had talked to
me about it a little bit, because it's hard to say sure well throw money in the post when we
don't really know what share we're being asked to cover. But 1 would be willing to work with
Mark to figure out if it's something that we could work into our budget over the next:.... Kate
was saying a study would be two to three years long per reach. So if we're spending $30,000
on one reach, it's probably most in the second year and least in the first and third year. But:
$30,000 over a three year period per reach.
® Cl T Hatfield - One of the keys is that Mike said they're looking to bond it. Given a five
year bond, they've got to have the cash to pay the vendor as the work is done, and you're going
to have a uniform impact on your budget for tax purposes.
M Lane - The other thing is they want a contract in with USGS now because they're
worried that their percentage might drop. If they can contract; now they can be assured of a
promise of that 30"'/0.
Cl T Hatfield - Henry made a comment I'd like to hear about the money I'd like to hear
out loud.
H Slater - First of all, I think you would have to justify spending the money and you'd
have to show what the results are and then how many communities are solvent or capable of
raising that kind of money based on what might be the larger portion of their budget in smaller
communities. And you have to demonstrate what you are getting for that money, I would
think, to the taxpayers because most of them are probably uninformed as to what you're doing.
Cl T Hatfield - Are you thinking this information is not important to us?
H Slater - No. I'm thinking you need to be able to justify what it is. You need to be able
to show that you are not just doing this because it's popular. You're doing it because there is a
reason to do it, and here's why. I don't think most people understand that, most of the
residents.
Cl T Hatfield - I think we covered that when we addressed the original resolution and
it's Called w *hat happened over in the Town of Ulysses with the gas station and the water
® supply.
Page 7 of 14
TB 9 -124)1
the decision is
that it is
often unclear to
the paramedics who they report to
and take
direction
from and that
he would
be disappointed
if Dryden Ambulance, Inc. did not
submit a
bid.
Atty Perkins is preparing a request for proposals to be sent out for ambulance service,
and is waiting for some information with respect to number of calls per year, etc. in order to
complete it. He has met with Dana Abby and Bill Ackroyd a number of times and is trying to
keep it as simple as possible and has told them that there is no hidden agenda, that the Town
simply does not want to be an employer of paramedics anymore. Cl Beck would like Dryden
Ambulance, Inc. notified in writing of the Town's intent. Atty Perkins stated that: Dryden
Ambulance Inc is aware of the situation. After discussion, the Board decided that Atty Perkins
should complete the request for proposals as soon as possible.
Cl Grantham requested a resolution allowing the Town to set up a trust and agency
account to receive money on behalf of the intermunicipal organization. In October the Town of
Ledyard will be tur ling over funds to the Town for the Cayuga Lake Watershed because Cl
Grantham will be chairing the IO.
RESOLUTION # 194 - ESTABLISH TRUST & AGENCY ACCOUNT
FOR CAYUGA LAKE WATERSHED INTERMUNICIPAL ORGANIZATION
Cl Beck offered the following resolution and asked for its adoption:
WHEREAS, the Town of Dryden will
be
chairing
the Intermunicipal Organization of the
Cayuga Lake Watershed Network beginning
in
October
2001, now therefore, be it
RESOLVED, that this Town Board hereby authorizes the Town Supervisor to establish a
Trust and Agency Account in order to receive and disburse funds on behalf of the Cayuga Lake
Watershed Intermunicipal Organization.
2nd Cl C Hatfield
Roll Call Vote
C1 Beck Yes
Cl T I•Iatfeld Yes
Supv Varvayanis Yes
Cl C Hatfield Yes
C1 Grantham Yes
Cl Grantham thanked Jack Bush, Larry Carpenter and Henry Slater for the tour given
the Fall Creek Committee of Virgil )Jam.
ATTORNEY
Atty Perkins distributed to the board copies of letter written to Mr. Moore in July
together with a copy of a real estate advertisement in today's paper for the property in question.
A copy of the letter was also faxed to the office manager in the brokerage office, together with a
copy to the broker. Atty Perkins will follow up with the broker, Ann Neifer. Atty Perkins
explained that short of an action to enjoin him from further advertising, this is the most
practical way to proceed.
At Cl Grantham's request Atty Perkins has looked at the status of the slush fund the
Town has for the Snyder Hill Sewer District meter pit. There has been one deposit of $5500
from one property owner, the Crumb property, plus interest. The Supervisor has written to
Cathy Valentino explaining that most of the proposed lots in the subdivision have been
withdrawn from the subdivision and it does not: look like there will be a lot of development, and
asking if the previous agreement for a meter pit can be dispensed with. Pending a decision on
that by the Town of Ithaca and the City of Ithaca, the Town will have to decide what to do with
Page 9of14
TB ) -12 -01
Supv Varvayanis - I think his point is %ve need more education.
Cl T Hatfield - I agree. But he's also saying if they're going to bond this and the cost is
going to be $30,000 a reach to the local taxpayer, it's not that big an impact on a five year
term.
Atty Perkins - Why would the Town necessarily want to be paying any of the County's
interest charges. The Town can build it into it's budget.
Cl Grantham - Right. That's what. I think and then it's a lower cost overall.
Cl T Hatfield - My point is if you look at it either way, at this point what Mike is looking
for is is this Board going to support him in our last resolution, and should he be fighting for
the option to be there. These issues are all important: and they have to be addressed, but you
can't address them note. It's like hying to push a rope up a hill. You can't do that. You've got
to have something you can at least address first.
pay it.
Cl Beck - Mahlon's got a point about the interest though.
Cl T Hatfield - When we get: to the contracting table if we can afford to pay it, we can
Cl Beck - Not if the County bills us plus interest.
Atty Perkins - 1 think that's the purpose of the memorandum of understanding. The
county can come up with their share however they want.. But if the Town, and Mark's the one
that has the budget responsibility, he can figure out what he needs to budget and have it
available. 0
Cl T Hatfield - And if it's not going to happen in '02, put the money in and put it in
reserve. You can start building the reserve anticipating that we want to go forward. What
Nfike's asking is are we still interested in seeing him go forward in supporting this issue in the
County.
Cl Grantham - I am.
Supv Varvayanis - We've already done a resolution. I assume a simple yes from us will
do.
M Lane - I
thought that was the
deal,
that's
why I've been
advocating it. I want you to
know what things
are happening down
there,
and
it's certainly no shoo -in.
Jim Buckley stated that he understood that the Town did not: want to employ
paramedics in the future and will contract that service out. He would like to know if the Town
could make a condition of any contract that the current paramedics will be retained on staff.
Atty Perkins stated that the Town should not put itself in that kind of a bargaining position,
but that we could certainly point: out to any potential. provider that there are good paramedics
currently working and we would like them to consider keeping them on. Atty Perkins stated
that Dryden Ambulance, Inc. had been advised that the Town wants a proposal from them to
provide ambulance service at the same level that it: is being furnished, with them being the
employer of record. That is based on the Board's position that it is time to get the Town out of
the paramedic business and make the provider responsible for recruiting, hiring, supervising,
disciplining and firing paramedics. Cl T Hatfield further explained that part of the reason for
Page 8 of 14 is
TB 9 -12-01
You get the right: to inspect their books during normal business hours. Of course you
may have to do that in Denver, Colorado or some place.
They don't talk about public education and governmental access channels. It: just says
they'll comply with them, and make reference to lots of rules and regulations of the public
service commission.
They don't give you back your franchise fee. They are going to take a credit for the
taxes they pay against it. I thought that was something that was going to be negotiated with
them. So basically you are not going to get anything from there or if you are, it will be a
pittance.
Tompkins County has a requirement that you can't be discriminated against because of
your sexual orientation or preference and I think that should be added here, making reference
to the local law.
Other than that there are some typographical errors and some other wording changes
that need to be made.
C1 Grantham added that they talk about a fee on the cable programming service, but
they don't specifically say Road Runner. Atty Perkins stated that: he believes it is set forth in
the real property tax law, and that is one of the things they make reference to.
Cl T Hatfield and Cl C Hatfield will take these comments and feedback from board
members back to Time Warner. M Lane stated that he still thinks the 'Town made the wrong
decision in not joining the consortium to deal with Time Warner.
With respect the Peregrine Hollow Subdivision, Supv Varvayanis stated the Town had
also been collecting money for increased capacity and that it really isn't fair to be charging five
people for 100,000 gallons a day. Atty Perkins said that it has to be spread over all of the lots,
17, plus there is a benefit to any other property that is in the district. The fact that this
purchaser decided to withdraw that property from the subdivision doesn't mean that the
property isn't benefited. There is some benefit to having the ability to use the sewer plant. The
board should determine what that benefit is, but that annual cost has to be apportioned across
all the properties in the district, not just the five homes, or just the undeveloped lots, but all
the properties. It is a function of the formula that needs to be, revisited annually. The person
who owns the lot that is undeveloped has the same ability to connect to the sewer as someone
who has built a home, and there shouldn't be a big differential on the capital cost because the
other lot could be benefited in the future. Assessed value may not necessarily be a large factor
in the formula.
TOWN CLERK
B Hollenbeck explained to the board that because Governor Pataki had closed the polls
due to the emergency in New York City, the election inspectors will be called to work again
when the primary is rescheduled. The inspectors normally receive $60.00 for working on
primary day and we had 20 inspectors working at S polling places. Our current budget did not:
take into account that we would have to hold the primary twice. There will be some money left
over from machine repairs. Clerk would like guidance from the Board on payment for the
inspectors. The County Board of Elections stated it is up to the local board. Clerk stated she
would be inclined to pay them the entire amount, because she understands the difficulty the
Board of Elections has in finding election inspectors to begin with. After discussion, the Board
decided it was fair to pay the inspectors $30.00 for September 11, and will pay the regular
$60.00 when the primary is rescheduled.
Page 1 I of 14
TB 9 -12 -01
the money. Atty Perkins suggested that if we don't need it because the purpose for which it
was collected, that it be returned to the property owner. Perhaps with the requirement for the
$5500 lifted, it may be that the properties will be more attractive to potential builders.
Atty Perkins has reviewed the proposed cable television franchise and pointed out that
it says that the franchise is not exclusive and purports to require the Town to amend this
franchise should the Town grant another franchise on terms which are more favorable to
another franchisee. He does not believe the Town should agree to that provision.
Atty Perkins - A procedural question has arisen. They purport to say that you can't
revoke it unless you adopt an ordinance. I think that's ridiculous. You can have a resolution.
You have to get it approved by resolution, you should be able to revoke it by resolution after
appropriate notice and opportunity to be heard and so forth. That's just a technical correction.
This also grants to Time Warner the right to erect: any poles or conduit space or any other
facilities within the streets of the municipality. I think that that's not something you should
agree to. Obviously you can allow them to use existing poles, but you shou ldn't allow them to
put new poles within the right of way. That's contrary to everything we've been trying to
accomplish for years, and that is to get these things out of our right of way so that we don't
have these problems in the future. Obviously they will have to cross town roads and so forth,
but that shouldn't include construction of new poles or appurtenances within the right of way.
They would like a provision in there that says that: even if all the other utilities are
underground in a particular area, if they determine they can't go underground, we'll let them
go overhead. So that comes out.
Then there's an issue about
relocation of property.
If you notify
them that they've got to
move their facilities out of the Town
right of way or out: of
any street we
own or whatever, I
want to insert the requirement that
they promptly remove
them.
The standard that they have set forth with respect to repairing or replacing municipal
property damaged or destroyed with serviceable condition is not something I think we should is
agree to. It should be in at least the same condition that it was prior to the entry and damage
or destruction, not just: serviceable.
Also, they want the authority to trim trees within the right of way and 1 think that ought
to only be done after approval by the Highway Superintendent, which he will not reasonably
withhold. I can just see ghat could happen should that provision get exercised.
There
is no
provision set forth
in here for them to extend cable in any part of the Town.
They say it's
built,
that's what you've
got.
I think there are a lot of words here having to do with the service and their response to
repair requests and so forth that really need to be tied down. They talk about promptly
handling telephone inquiries in order to minimize busy signals and hold time. If you've ever
tried to call Time Warner you know that that can bean all day job. I think you might want to
tighten that up.
Rates you obviously have no input at all, so there's not much you'll be able to say about
that.
With respect to the obligation for them to provide PEG service, they are limited to
providing a single service outlet to any school, police station, fire house and municipally owned
building which is occupied for governmental purposes, provided that the connection point is no
further than 200' from the closest feeder line of the cable television system. I'm not: sure how
that affects the high school, whether they measure to the property line or all the way to
wherever they have to connect. Mk
Page 10 of 14
TB 9 -124)1
Supv Varvayanis Yes
Cl C Hatfield Yes
Cl Grantham Yes
Cl T Hatfield asked ZO Slater to check on the situation with hnfield's program and
whether that money might be available to the Town of Dryden.
ZO Slater
stated that tomorrow (9/13/01)
at 1:00
p.m. is the
start up meeting for the
Virgil Creek Lake
Road restoration project
and the board
is welcome
to attend.
HIGHWAY DEPARTMENT
Jack Bush distributed a highway inventory to the board, together with a list of
equipment he would like to acquire next year (attached to these minutes). Two pieces of
equipment were sold at the auction in Lansing, a 1988 tandem axle with dump truck with a
blown engine that needed new tires and dump body (sold for $3250) and a 1993 1 ton
Chevrolet small dump truck (sold for $1.0,250).
With respect the items the Highway Superintendent would like to acquire next year, he
exTlained that he would like to replace the two trucks that sit idle with plows in the summer,
making for two more usable trucks in the summer. He is trying to achieve a six -year rotation
of the dump trucks. The 3/4 ton pickup truck is on a two -year rotation and due to be
replaced, as well as the single axle 1 -1 / 2 ton dump truck.
DISCUSSION
Supv Varvayanis stated the budget is not yet ready for presentation to the board. He
has received information on pay for elected officials in the area and shared that with the Board.
I•Ie stated that Ithaca and Lansing are the two towns most similar to ours on the survey, and
noted that Dryden's elected officials are paid less than the elected officials in those gowns. Cl T
Hatfield stated that Dryden may be out of touch with where it ought to be on wages and
suggested that the Board give the Supervisor some feedback on an individual basis, noting that
the Supervisor, Council, I•Iighway Superintendent and Town Clerk are all out of line in
comparison. Jack Bush stated he has a survey he will share with the Board. Cl T Hatfield
stated that there is time when the taxpayers have to allow the board to look at the issue, and
say if you want to be attractive and competitive in an environment going forward, you have to
be at least at this level. Mike Lane noted that the Clerk and Highway Superintendent in the
Town of Ithaca are appointed, and Cl T Hatfield stated that the responsibilities are the same
whether appointed or elected.
Board reviewed the requested budget line transfers and made t:he following resolution.
RESOLUTION #197 - AUTHORIZE BUDGET LINE TRANSFERS.
Cl T Hatfield offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby authorize the following transfers:
$28,000 from A contingency to: A5132.2 (garage equipment) $500, A5132.4 (garage
contractual) $10,000, A8710.1 (CAC secretary) $200, A8745.4 (Crispell Flood control 1project
maintenance) $2000, A9040.8 (Workers Comp) $5300, A1420.4 (Attorney contractual) $10,000,
and
and $50 from A1010.400 (t:o�vn board contractual) to A101.0.401 (Cayuga Lake contractual),
®
Page 13 of 14
TS 9 -12 -01
RESOLUTION # 195 - PAYMENT FOR ELECTION INSPECTORS
C1 C Hatfield offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby authorizes a payment of $30.00 each to the
election inspectors who worked on September 11, 2001, in addition to the amount of $60.00
they will receive for working when the primary is rescheduled.
2nd Cl Beek
Roll Call Vote Cl Beck Yes
Cl T Hatfield Yes
Supv Varvayanis Yes
Cl C I•Iatfield Yes
Cl Grantham Yes
Cl Beck inquired about any progress the building committee is making. Cl Grantham
advised him that Pamela Kingsbury has drawn conceptual diagrams of the space, they were
reviewed by the committee, and she will contact us when she has made the suggested changes.
This is not a building plan, but: an idea of hour much space for each department and how it
would be laid out, and how the departments might be arranged with respect to each other. The
space is roughly doubled. No discussion has been held with respect to site, the committee is
focusing on required space and adjacencies, then sites could be investigated. Cl Beck stated
he believes that site might be an issue and should perhaps be discussed.
Supv Varvayanis asked ZO Slater if basement space for storage had to be ADA
compliant and 'LO Slater stated that it did not unless it was for a medical office. The building
could have a basement with a stairwell. A drive -up basement was suggested for utilities and
storage and that would make the building Site specific to accommodate proper grading.
ENGINEERING
No report.
ZONING OFFICER
ZO Slater stated that Matt Shulman has asked for support for his project for the HUD
grant for the Forest. Home Mobile Home Park project: (to replace substandard housi.ngj. Bob
Hunt of Better Housing has stated that to get the project moving will cost not more than
$2,000. That money can come from Project Impact funds. Matt Shulman has requested a
resolution from the board in support of the project. Mike Lane stated that the Town of Enfield
is having trouble with their program and will probably have to turn it's money back because
they don't have participation.
RESOLUTION # 196 - SUPPORT FOREST HOME MOBILE HOME PARK PROJECT
Cl Grantham offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby supports the application for replacement
housing for the forest Home Mobile Home Park, and hereby authorizes the expenditure of the
sum of up to $2,000 for start up funding for the project, said sum to be reimbursed from
Project Impact ftuiding.
2nd Cl T Hatfield
Roll Call Vote Cl Beck Yes
Cl T Hatfield Yes
Page 12 of 14
TB 9 -12 -01
$1,000 from B contingency and $19,815 increase zoning fees (total $20,815) to:
B8010.2 (inning equipment:) $165, 138010.2 (zoning equipment) $5650, and 138010.400 (zoning
tower) $15,000 (total $20815) and
$2000 from SM4540.111 (paramedics vac, sick) $2000, from SM4540.400 (contractual)
$2000, SM4540.404 (s -vine contract) $4100, SM9040.800 (workers comp) $2000 and
SM9060.800 (medical) $11000 and $21900 from unexpended fund balance (total $43000) to:
SM4540.11 (paramedics overtime) $13000, and SM4540.403 (Dryden ambulance increase)
$30,000 (total $43000).
2«<f Cl Grantham
Roll Call Vote Cl Beck Yes
Cl T Hatfield Yes
Supv Varvayanis Yes
Cl C Hatfield Yes
Cl Grantham Yes
RESOLUTION # 198 - APPROVE ABSTRACT # 109
Cl Grantham offered the following resolution and asked for its adoption:
RE, SOLVE that this Town Board hereby approves Abstract # 109, as audited, vouchers
#623 through 711, totaling $367,896.10.
2nd Cl T Hatfield
Roll Call Cl Heck Yes
C1 T Hatfield Yes
Supv Varvayanis Yes
C1 C Hatfield Yes
Cl Grantham Yes
On motion. of Cl T Hatfield, seconded by Cl C Hatfield, and unanimously carried, the
board moved to executive session to discuss collective bargaining negotiations at 10:10 p.m.
No action was taken.
On motion made, seconded and unanimously carried, the meeting was adjourned at
10:40 p.m.
Respectfully submitted,
440 .4 0; 6 &XAZ4'-�41C
Bambi L. Hollenbeck
Town Clerk
Page 14 of 14
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