HomeMy WebLinkAbout2002-04-10TB 04 -10 -02
TOWN OF DRYDEN
TOWN BOARD MEETING
April 10, 2002
Board Members Present: Supv Mark Varvayanis, Cl Charles Hatfield, Cl Stephen Stelick,
Jr., Cl Deborah Grantham, Cl Christopher Michaels
Other Elected Officials: Bambi L. Hollenbeck, Town Clerk
Jack Bush, Highway Superintendent
Other Town Staff: Mahlon R. Perkins, Town Attorney
Henry Slater, Zoning Officer
David Putnam (TG Millers), Town Engineer
Supv Varvayanis opened the Town Board meeting at 7:05 p.m.
RESOLUTION # 117 - APPROVE ABSTRACT # 104
Cl Grantham offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves Abstract #104, as audited, vouchers
#273 through 349, totaling $243,796.47.
2nd Cl Michaels
Roll Call Vote
Cl Hatfield Yes
Cl Stelick Yes
Supv Varvayanis Yes
Cl Michaels Yes
Cl Grantham Yes
CITIZENS PRIVILEGE OF THE FLOOR
Eugene Madsen, Bone Plain Road, addressed the board regarding property he
purchased on Baker Hill Road, part of which is in the Turkey Hill Water tar. Sewer District.
Board has a memo from Mr. Madsen dated March 27, 2002. He previously addressed the
Board in January of this year when special district charges were levied on the entire parcel.
(The parcel was previously exempted each year on application of the original owners.) The tax
bill was corrected to reflect special district charges on only that portion of the parcel within the
district boundaries, and subsequently paid by Mr Madsen. Mr Madsen stated he has been
advised by his attorney that state statutes very explicitly state that any parcel within a water
district should benefit from the services that are supposedly delivered. This parcel is
landlocked and has no access to water or sewer, and Mr. Madsen is requesting that he be
charged a nominal fee of something like $5.00. He said that would save the Town the trouble
of redrawing the boundary and also relieve him what he considers to be illegal fees levied on
the parcel.
Atty Perkins stated that Mr Madsen bought the property after March 1, the taxable
it status date, and it's the condition and ownership of the property after that date. After the
matter was brought to the Town's attention in January, an application for correction was tiled
and the bill was recomputed to reflect the district charges on only that part of the parcel that is
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TB 04 -10 -02
within d-ie di,%t'rict boundaries. The Town has taken all of the necessary steps to levy the
benefit assessment and give Mr. Madsen a revised bill_ Ja) fl-le past the owner of the property
had come to the Town every year and asked that he not be charged the .bexaef t assessment
because of the lay of the land of the property. That wa,� ;Wil dorie this year at the time benefit
assessments we charged and levied, because Mr, Ma,dseti was. not aware th n . was what had
been done in the past. The ,statute of limlta1:ion,% is very short after the Town adopts the roll
and there was nothing the Town could do but correct: fl-i e bill_ He said the boundaries of the
district cannot be changed; only an act of 17,a legislature can change the boundaries once they
have been ewt:�,blislte I and this is especially true while there is any outstanding indebtedrle _
Atty Perkins - The only remedy, as fae as I can IreV here, is for the Town to adopt a
formula that assesses auinuully a nominal assessment for similarly situated properties. My
suggestion is to adopt a benefit formula that says that thu benefit asse ssment for any parcel in
the district which does not have ww:er and sewer lines runnirig through it and which does not
have any road frontage ha1J be 5 or 10 or whatever nominal amount you come up vri1J-1_ hF
you adopt that same formula anrwally, this thing will automatically take care of itself, It is up
to this board to determine annually ghat the benefit assessment will be, Iyaditlonally you
have used the same formula yeur after year. Keep in mind th4wl this goes back to a district that
was formed in 1990, so the time in which to objtwIN i,o the district boundary i$ Jong since
passed. The only way that you are going to be able to correct this is through 1. he annual
formula., really the only wad- you are going to be able to correct this is through the annual
formula. So if you decide +That the benefit assessment would be or what the result is. we can
adopt a formula accordingly. It wouldn't affect any other property,-other than obviously if you
assess this property differently, there must be a valid trams for that and there will be, because
it doesn't have any water or sewer lines running through it and it doesn't have road fillontage,
but still recognizes that it is in the district and will jusi' have a nominal assessment.
Cl Michaels asked if it would affect anything this year and Atty Perkins responded that
the board would take this action in November and if tlaat "s what the board wants to do to
re lve it once and for alt, then it would be part of the same formula every year. Cl Stehick
asked if Chem: were any other properties in the district 11hat would fall under this and Atty
Perkins said he didri't believe so.
Supv Varvayanis asked Mr Madsen if that was satisfactory to him. and he replied that
for future taxation that TaTould be fine and made a lot of Sense, but whit he had asked for in his
letter %Lkms a refund. Cl Michaels asked if the hard could do that and Atty Perkins said he
believed there was a mechwiism fox doing that, but it does establish a precedent in the future
for taxes which were validly levied because soraeorie objects to tJie formula after the fact_
Mr Madsen - An issue that my la ,}Fer had advised me to bring up is that in his
estiuu Pion if the New York State Audit & CoDt`xol were aware that the Town of Dryden was
charging someone here for sezvices that are not available, then there would be some
consequences. it's just not right,
Atty Perkins - Audit & Control has been aware c)f this paTCel for at least twelve years,
since qLve originally got approval to establish the district iuclu ding the parcel.
D Putnam explained that the parcel had been. split after district was farmed. ThelF
owned a. house on Rou ke 366 plus all Ihis land behind i I:. Atty Perkins said they could reserve
an easement to install water and sewer service to the back part of the parcel when they sold it
of and didn't do That, or the purchaser of the back parcel when they bought could have
insisted. fin an easement, because originally the parcel was benefited. It was only after the
district was formed that it was split off: and that ere ates the current $Ituation.
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Cl Grantham said she didn't think the board would exactly be setting a precedent since
the board had already been exempting the parcel each year, that there had been complaints
about the parcel before. Atty Perkins said it is up to the property owner to be sure of the
status of his property when the taxes are levied, and the Town relies on the Division of
Assessment for information. It is up to the property owner, particularly the purchaser to be
aware of what he's buying and any assessments that are against it. It's just a matter of
contract law.
Cl Michaels said if the Board changed the formula for future years and ten years from
now they wanted water and sewer service there and purchased an easement from an adjoining
landowner with frontage, then the service could be put in and the parcel immediately benefited.
Atty Perkins pointed out then they would not have been paying like everyone else all these
years and still have the benefit -- that's part of the problem. But they cannot be taken out of the
district.
Cl Hatfield said he understood Mr Madsen's problem, but it was his responsibility to
determine what assessments were on the property when he purchased it, and that when Cl
Hatfield neglected to apply for ag district one year his taxes doubled and they weren't refunded.
Atty Perkins pointed out that if there is any possibility that the property will be served
by water and sewer, then it's unfair to the rest of the owners of property in the district who
have been paying special district fees. After more discussion, the board determined that
further research will be done before a decision is made.
Robin Seeley, 332 Hurd Road - I think you have a copy of the way we propose to settle
the litigation over the highway by user, and I just wondered if you would be able to get to that
istonight?
Supv Varva_yanis - We're planning on doing that tonight.
Dana Abbey, Dryden Ambulance, Inc. distributed reports to board members. The
monthly call log for March shows 77 calls. A total of $16,711.93 was collected in March,
bringing the total for the year to $54,686.75. Board was given an article entitled Shifting the
Burden from the Binghamton newspaper regarding new regulations effective April 1 for
Medicare and Medicaid billing. I•Ie stated that according to the computer from January 1, 1998
to January 1, 2002 when they took over, there are 742 patients (799 calls) with $299,577
charged out with $130,860 collected, leaving a balance of $169,000. He said a lot of that is
"cleanup ", a lot is totally uncollectable. Teri Allen will talk further regarding that and has made
some recommendations with respect to charges.
Teri Allen stated it was difficult to be accurate with the software they have. The
database is old and doesn't work well and probably has some problems in the software itself. It
hasn't allowed people doing the billing over the years to make an accurate accounting of the
billing situation. She has tried to rectily up until the date the Town was no longer responsible
for the ambulance billing. She estimates a $169,000 deficit. She is going through each
individual outstanding call. She is finding that many of them probably need to be charged oil'
and about: 25'% can perhaps be billed out again. She believes the majority of the accounts are
uncollected debt because either too much time has passed or should be written off. She
expects that they will only be able to collect $10,000 to $20,000 of this. There has been
$40,000 in uncollected debt this year alone. Of the money collected this year, approximately
$28,000 is from previous debt. $40,000 in uncollected debt has accumulated since January 1,
2002. They are not optimistic about continued use of the current software program, they are
® unable to get basic accounting information, and had looked into possibly getting a new
program.
Page 3 of 12
TB 04 -104)2
Cl Stelick said that it appears that they need to go forward with some sort of software
where they can have a starting point and a mechanism to go back and try and decipher what is
there. D Abbey stated that they would like to hire an outside billing system next month. The
billing company that T Allen spoke with will take care of billing beginning May 1 and with
respect to past matters, they have offered to audit the system and see if there is anything that
can be recovered. They will make recommendations from what they find. Cl Stelick stated in
that case there is no need for new software, and T Allen said they will continue to maintain the
software they have now because they need the database. The company she is recommending
does ambulance billing for several ambulance companies and she anticipates a more accurate
billing, quicker turnaround time, and a larger return (even though there is a recovery fee). This
company can be instructed as to policy for billing, i.e. after three billings there is no response,
the bills will be returned to the town with a report of actions and responses and the Town will
make a determination as to whether it should be written o$. The procedure for collection can
be customized.
Dryden Ambulance is making recommendations regarding fees in order to be more closely in
line with current rates for Medicare, and those were explained to the board. ALS calls are
broken down into two categories: ALS 1 for having assistance from an advarzced life support
person and an IV started, and ALS 2 for multiple medications. BLS now covers more scenarios
than a ride to the hospital. They are recommending that mileage fees be increased to $8.50 per
loaded mile. Medicare allows $8.21 and we are currently billing $7.50 per mile. They would
like to charge for refusals ($50.00) at motor vehicle accidents. The proposed rates represent an
average of what is generally billed in this region.
RESOLUTION # 118 - SET AMBULANCE RATES
Cl Michaels offered the following resolution and asked for its adoption: •
RESOLVED, that this Town Board hereby sets the following rates for billing purposes
for the Town of Dryden Ambulance District:
ALS 1 $360.00
ALS 2 485.00
BLS 325.00
Loaded miles 8.21 /mile
Refusal taken at: MVA 50.00
2nd Cl Stelick
Roll Cal Vote Cl Hatfield Yes
Cl Stelick Yes
Supv Varvayanis Yes
Cl Michaels Yes
Cl Grantham Yes
Cl Grantham suggested that in the future the ambulance committee look at these kinds
of recommendations prior to their being brought to the Town Board.
RESOLUTION # 119 - ADOPT BILLING POLICY FOR AMBULANCE
Cl Michaels offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby Adopts the following billing policy for the •
Ambulance District, as recommended by Dryden Ambulance, Inc.: A primary, second, third
and final bill will be sent. After, the billing company will send the bill (along with the collection
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history) back to the Town for a determination of write off. If the bill is to be written off, then
the billing company will be notified and the bill will be urritten off.
2nd C1 Stelick
Roll Call Vote
Cl Hatfield Yes
Cl Stelick Yes
Supv Varvayanis Yes
Cl Michaels Yes
Cl Grantham Yes
Supv Varvayanis pointed out that the board had just passed a resolution about a billing
company and the contract that was signed with Dryden Ambulance, Inc. provides for them to
do the billing. At:ty Perkins staked they .would need the board's permission to subcontract that
out.
RESOLUTION #120 - AUTHORIZE DRYDEN AMBULANCE, INC. TO SUBCONTRACT FOR
BILLING SERVICES
Cl Michaels offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby authorizes Dryden Ambulance, Inc to
subcontract for billing services originally provided for under the contract for ambulance service
with the Town of Dryden.
21 1(1 Cl Stelick
Roll Call Vote
C1
Hatfield
Yes
Cl
Stelick
Yes
Supv Varvayanis
Yes
CI
Michaels
Yes
Cl
Grantham
Yes
T Allen explained that the Town will continue to get the checks for services provided
and the billing company will invoice for the recovery fee on a monthly basis. The contract is
open - ended, requiring a 60 -day written notice to terminate.
Dana Abbey stated that if there is a committee that has been formed, they have not
been notified of it. They will need to sit down with the billing company to discuss how funds
will be directed, etc, and wondered who to direct questions to. Supv Varvayanis said questions
should be directed to him and CI Stelick,
Paul Reedy addressed the board regarding the New York State Deferred Compensation
Plan. The Board has previously been provided materials regarding this. This is a. State plan
and carries it's own separate trust agreement. It was established under IRS Tax tea: Code 457(b),
which means that it is restricted to direct employees of State and local governments. The plan
allows you to put aside monies for retirement. It is a voluntary plan. The funds are always
100% vested in the employee; the employer bears no responsibility other than making sure that
the contributions are sent to the State. The only real burden on the Town is passing a
resolution which adopts the plan and then offering it to the employees, and setting up meetings
as required.. usually with a management group. Individual cowiseling sessions are set up with
employees. The plan offers two significant benefits. One, there is no cost to the employer, and
two, there are very low participation fees for each participant. That is $8.00 per year, but for
the past two years they have waived the fee entirely. There are currently 26 investment choices
and each individual is left: with the decision as to how to invest. flan representatives can not
give financial advice, and try to give an unbiased information approach so that people can form
a strategy for themselves. Payments can be made with a contribution check, electronic funds
Page 5 of 12
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transfer or wire transfer, depending on the municipality's preference. Changes can be made to •
the allocation selected at any time by an employee. The monies contributed escape New York
State and Federal tax, reducing taxable income for the employee in addition to helping them
save for later years.
The only action required by the Town of Dryden is to adopt the plan by passim a
resolution and forward it together with some required information. Mr Reedy will then
schedule meetings convenient with the employer and employees. There is no minimum
number of participants required. After questions from board members, Mr Reedy suggested
that the Board review the information and the proposed resolution. C1 Michaels stated that as
an employer he would recommend the Town participate. Cl Grantham said that we should get
a couple of questions answered and do it. Cl Stelick agreed. Supv Varvayanis said he would
like to talk with Atty Perkins about it prior to adopting the resolution.
COUNTY BRIEFING
Mike Lane - The County is about to go to bid on the Caswell Road landfill cover system
and leachate improvements, a :739,000 project. This will replace and relocate the southern
branch of the leachate collection system. A portion of the current system will be retrofitted
with six inch pipe to convey leachate to the tanks. This line is solid and will also double for
leachate storage if tanks become frill. It will place fill material on approximately 8 acres of the
existing landfill cap to promote drainage and will reduce the volume of precipitation infiltrating
into the waste mass. There will be lined swales incorporated into the cap to remove surface
water quickly and efficiently. The landfill entrance and road entrance gate and area around the
tanks will be upgraded and improved and the perimeter fence for security will be bid as an
alternative in the bid specs. This does not address the issue of what to do with the leachate •
after it is collected. It is currently trucked to the wastewater treatment plant in Ithaca. Other
proposals for that are being studied.
There is a problem with security at the airport. After the 911 incident National Guard
troops have been on duty on a regular basis at the airport. They will soon be removed and the
Federal plan in place is to hire Federal security officers who will take over for the National
Guard. This could take perhaps up to three years to get them in place and in the meanwhile
the Federal government wants security provided, probably through the Tompkins County
Sheriffs office. `I`he cost of that: security is reimbursable to the County, but no one knows how
fast it will come and %krill have to paid up front. The Sheriff does not know how long these
officers will be required and he will have to hire up to four new deputies and train them for the
airport security work, and then have to lay them off when they are replaced by the new Federal
security officers. They are working on a solution for this.
The Charter Committee continues its work, and a few weeks ago Mayors and
Supervisors were sent a letter regarding a potential change being proposed by the Committee
having to do with vacancies on the Board of Representatives. Currently when a replacement is
needed, the Town Board appoints someone to fill the vacancy. If the district: represented
crosses municipal lines, then two Town Boards will appoint: and the appointment is based on
the number of members of the Board of each town. This has not been a problem in the past,
but: some districts are now made up of portions of three towns (five members of each board),
with unequal population distribution between the towns. The Town of Ithaca has a, seven
person board and crosses several boundaries including the City of Ithaca, making an tuieven
number between boards. What is proposed is a special election procedure that would let the
people in the district appoint their own representative through election. The cost under the
current proposal would be borne by the County, bet%veen $4000 and $6000. The situation
does not happen very often and if the vacancy occurred close to the time of a general election,
the vacancy would be filled at the general election, and that person would then be appointed by
Edge 6 of 12
TB 04 -10-62
the County through the end of the year. The County is asking for input from the municipalities
by the end of May.
Supv Varvayanis asked if the Committee had looked at weighted voting. M Lane said
that his feeling was that having the people of the district select their representative was the
more democratic way to go. M Robertson pointed out that when the Dryden Town Board
replaced Charlie Evans, the three people Nvho voted to appoint Joe Lalley were not residents of
the district that was affected. Cl Michaels would like more details on time periods and when
the elections would be held. M Lane said that if this is adopted by the Committee it will be
placed on the ballot as a referendum in November for the public to vote on.
In response to questions concerning the landfill, M Lane said that he would arrange to
have someone from the County come and speak to the board.
Supv Varvayanis asked whether the County was going to be able to help out with the
Lake Road Stabilization Project, and M Lane responded that he thought the County was going
to be able to do in -kind service for the project and had been discussing it in the Public Works
Committee. He will ask at the next Public Works meeting. D Putnam said he understood that
it was on the work schedule.
M Robertson - With respect: to the County budget, Steve Whicher has asked all
department heads to propose some areas for a 10% reduction in the 2002 budget, Avith an
additional 10" /o reduction for 2003. They will be looking at capital projects as well as operating
expenses and that may include Ellis Hollow Road which is an entirely local share project.
Discussions have not begun, but: she would not be surprised if it were put off for another year
or So.
In Communications Capital Projects, the RFP for the communication system is being
finalized and should go out this month. The paging project is moving ahead and that can be
done in the 460 megahertz range with no new towers and current equipment can be utilized.
ized.
The cost for the paging project is approximately $600,000. They have to apply for FCC licenses
for the new frequency and that will be happening this year. The next meeting of the committee
is April 30, at 11:30 a.m. in the Old Jail Conference Room.
With respect to the Vital Communities project, a letter went out asking for feedback
from elected officials on the principals. They would like comments prior to May 16 when they
expect to take action. There will be a presentation tomorrow night from 7-9 pm at the DSS
building. A presentation was made by Ed Marx and discussed at the Tompkins County
Municipal Officials Association meeting a few weeks ago.
COUNCIL PRIVILEGE
Craig Schutt has submitted an application to serve on the Conservation Advisory
Council. He is currently the District Manager for the Soil and Water Conservation District in
Tompkins County. Bruce Osadchy of the CAC has suggested him as a replacement for one of
the two current vacancies. Cl Grantham recommends the board appoint him.
RESOLUTION # 121 - APPOINT C SCHUTT TO CONSERVATION ADVISORY COUNCIL
Cl Grantham offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby appoints Craig Schutt to serve as a member
Of the Conservation Advisory Council with a term to expire December 31, 2002
® 211,1 Cl Hatfield
Page 7 of 12
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Roll Call Vote Cl Hatfield Yes •
C1 Stelick Yes
Supv Varvayanis Yes
Cl Michaels Yes
Cl Grantham Yes
C1 Grantham has given board members a draft RFP for design of the Towvn Hall building
now that the needs study is done. It needs to be amended on the second page where it says
applicants should describe the design process and estimate the length of time, and it should
say also estimate the cost for accomplishing the cost of the design phase. The RFP refers to the
needs study previously completed. Cl Michaels said his only concern with going ahead with
the design is whether we have worked out the details of other space sharing arrangements and
if there is any reasonable possibility of doing that, it seems that we should explore that. Cl
Grantham explained that the School District Superintendent had indicated they are aimbi -)g to
have a vote on the project sometime after June and if the vote is yes, they would still have a lot
to do before they could go in Nvith the Town on a building, perhaps three years, and that may
not be realistic for the Town. Supv Vaivayanis has spoken with the Village previously and they
ultimately declined to participate. If the Village did decide to go in, they would need to do a
needs study also. ZO Slater stated, he did not: believe the Village was interested. Cl Grantham
said that RFP is to design a building, and if the Village was interested, it probably would not
affect the RFP.
RESOLUTION # 122 - APPROVE RFP FOR BUILDING DESIGN
Cl Michaels offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves the Request for Proposals for the
Building Design for the new Town Hall, as amended.
211d Cl Stelick
Roll Call Vote
ATTORNEY
Cl Hatfield Yes
Cl Stelick Yes
Supv Varvayanis Yes
Cl Michaels Yes
Cl Grantham Yes
Atty Perkins has received from TG Miller Engineers a scope of services and. estimate of
costs for the Virgil Creek Stabilization :Project and will be putting together a simple agreement
for that for the Board's approval.
At the request of the Supervisor he has been in touch the Environmental Facilities
Corporation, the Town's financial advisors and bond counsel regarding refunding resolutions
for the 1994D borrowing; the Town did for the Turkey IIill Sewer District. There is an initiative
being floated by Albany to refund a lot of these prior projects in hopes that better rates would
be achieved. The Town notified the Environmental Facilities Corporation that it was interested.
They still cannot tell us what the projected rate might be. Currently the Town's borrowing is
subsidized by .FFC and the Town is paying 2.2% on the bond for the Turkey Hill Sewer District.
In order to refund these and basically refinance diem, you have to have a showing that there
will be a savings over the project. Now there is about $650,000 principal due plus interest.
After having conferences with the representative of EFC and the Town financial advisor and
bond counsel, it appears that over the life of the project now the potential savings is $24,000
over the next 13 years. The problem is that the issuance costs the Town would incur right now
aren't financed in this and %ve would have to figure out a way they «would be paid by the Turkey
Page 8 of 12
TB 04m t 0 -02
Hill Sewer District. That will directly impact, the potential savings, so there may be no
economic benefit at all to do this. The Town does not have all the financial figures to make a
determination whether it is worthwhile and therefore don't have a proposed bonding resolution.
That would have to be adopted by April 19 if the Town were to participate, and Atty Perkins
recommends that the Board schedule a tentative special board meeting on April 18. It is
subject to being cancelled if the Supervisor as chief fiscal officer determines that it does not
make financial sense. The board scheduled a special board meeting for April 18 at 8:00 a.m.
Atty Perkins stated he has three items of litigation to discuss in executive session at the
conclusion of the business meeting.
Cl Stelick explained that last year the Board brought Youth Lacrosse under the
umbrella of the Town's recreation programs. There was never a request for any funding for
lacrosse other than to put it under the Town's insurance. Without looking for any additional
funds, they are asking to use fluids presently in the budget to pay for some lacrosse
equipment. These funds are used to pay for other sports such as wrestling, football,
basketball, cheerleading. Last year the lacrosse group, and this year there is need for
additional equipment.
RESOLUTION #123 - AUTHORIZE FUNDS FOR LACROSSE
Cl Grantham offered the following resolution and asked for its adoption:
RESOLVID, that this Town Board hereby authorizes the expenditure of funds from the
budgeted amount for Town recreation programs to include expenses for equipment, etc for the
youth lacrosse program.
2nd Cl Hatfield
Roll Call Vote
TOWN CLERK
Cl
Hatfield
Yes
Cl
Stelick
Yes
Supv Varvayanis
Yes
Cl
Michaels
Yes
Cl
Grantham
Yes
Board members have the Clerk's monthly report and report of tax collection to date.
RESOLUTION # 124 - APPROVE MINUTES
Cl Grantham offered the following resolution and asked for its adoption:
RESOLVED, that this Tox«i Board hereby approves the following minutes, as amended:
January 2, 2002, January 9, 2002, February 6, 2002, and February 13, 2002,
2nd Cl Michaels
Roll Call Vote
Cl
Hatfield
Yes
Cl
Stelick
Yes
Supv Varvayanis
Yes
Cl
Michaels
Yes
Cl
Grantham
Yes
Page 9 of 12
T13 04 10 -02
ENGINEERING •
No report.
ZONING OFFICER
There will be three public hearings at the May 1k' meeti.ng, a tower appli cation and two
special use permits.
ZO Slater stated there is urgency with respect to the Virgil Creek Stabilization Project.
The window on the money closes November 30 of this year. The project can only be done
between June 1 and October 1. A six month extension can be applied for, but an additional
extension would be needed in order to be able to do the work in the specified times. He is
concerned about the short time, having the design complete and obtaining a permit from the
Army Corps of Engineers. A design was originally to have been completed by January and
there is no contract for a design. He would like to see the matter expedited.
Atty Perkins has spoken with D Putnam about utili2ing one of their standard
engineering association short form agreements between owner and engineer. By utilizing that
form there should be no problem having the agreement ready for approval soon. The total for
the design phase service and fee estimate, including subcontract work, and the construction
phase service and reimbursable expenses is $56,795.00. Supv Varvaya.nis suggested the board
authorize him to sign the agreement subject to approval by Atty Perkins.
RESOLUTION # 125 - AUTHORIZE SUPERVISOR TO SIGN ENGINEERING AGREEMENT -
VIRGIL CREEK STABILIZATION PROJECT
C1 Grantham offered the following resolution and asked for its adoption: •
RESOLVED, that this Town Board hereby authorizes the Supervisor to sign an
agreement for engineering services with TG Miller Engineers & Surveyors in the amount of
$56,795.00 in connection with the Virgil Creek Stabilization Project.
2nd Cl Hatfield
Roll Call Vote Cl Hatfield Yes
Cl Stelick Yes
Supv Varvaymis Yes
Cl Michaels Yes
Cl Grantham Yes
ZO Slater informed the Board that Mate: Shulman has the application for the CDBG
application for the Forest. Home Circle Mobile Park project complete and ready for the
Supervisor's signature. He also reminded the Board that the contract with Matt Shulman
expires at the end of this month, as well as the firnd_ing, and the Board should discuss
extending the contract. ZO Slater said there would be benefits to the town picking up the cost
of the contract. He stated M Shulman has demonstrated that he has raised $6 for every $1
invested. Supv Varvayanis stated he had been told that he could count on getting an extension
through October, but he has not been notified officially. So the funding may not necessarily
end. C1 Grantham said she thinks he has paid his way and she would like to extend his
contract until the end of the year, then make accommodations in the budget.
RESOLUTION # 126 - EXTEND CONTRACT WITH MATTHEW SHULMAN
C1 Grantham offered the following resolution and asked for its adoption:
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TB 04- 10-02
RESOLVED, that this Town Board hereby extends the contract: with Matthew Shulman
for the Project Impact Coordinator through December 31, 2002,
211LI Cl Michaels
Roll Call Vote
HIGHWAY DEPARTMENT
Cl
Hatfield
Yes
Cl
Stelick
Yes
Supv Varvayanis
Yes
Cllvlichaels
Michaels
Yes
Cl
Grantham
Yes
J Bush stated he would like to attend the 2002 Highway School and asked t:he board for
reimbursement of the $80.00 fee.
RESOLUTION #127 - AUTHORIZE HIGHWAY SUPERINTENDENT TO
ATTEND HIGHWAY SCHOOL
Supv Varvayanis offered the following resolution and asked for its adoption:
RESOLVED, that: this Town Board hereby authorizes the Highway Superintendent to
attend the 2002 Highway School and reimbursement of the $80.00 fee.
2nd Cl Hatfield
Roll Call Vote
DISCUSSION
Cl
Hatfield
Yes
Cl
Stelick
Yes
Supv Varvayanis
Yes
Cl
Michaels
Yes
Cl
Grantham
Yes
Supv Varvayanis explained that there is a surplus of money in the SJS account and
according to the agreement, it should be used up. That's not the way it has been and he and
Cathy Valentino thought it would be a good idea to use some of that money now, especially if
other partners are brought in. There is over a million dollars total, Dryden's percentage being
around $30,000. The proposed resolution should cover the rest of the year.
RESOLUTION # 128 - PAYMENT FROM SJS UNEXPENDED FUND BALANCE
Cl Grantham offered the following resolution and asked for its adoption:
WHEREAS, the SJS agreement directs that any surplus is to be used to pay the next
year's contributions from the municipalities;
NOW, THEREFORE,
BE rr
RESOLVED, that this Board
authorizes the Town
of Dryden's
quarterly O & M payments
be made from the SJS unexpended
fund balance, and it
is further
RESOLVED, that the 'rovtvn Supervisor is directed to advise the SJS, City of Ithaca and
the Town of Ithaca of that method of payment. �.
2na Cl Michaels
Roll Call Vote Cl Hatfield Yes
0 Cl Stelick Yes
Supv Varvayanis Yes
hi eIIof12
rs 04 -10 -02
Cl Nolichaels Yes
Cl Grantham Yes
Supv Vaivayanis staged that the town had previously named the trail to the lake the
Grandpa. Schug Trail, and the Schug family has reconsidered and would prefer that the trail be
known as the Jim Schug Trail. The board agreed.
RESOLUTION #129 - RENAME LAKE TRAIL - JIM SCHUG TRAIL
Supv Varvayanis offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby declares that the trail formerly named the
"Grandpa Schug Trail" shall henceforth be known as the "Jim Schug Trail ".
210 Cl Michaels
Roll Call Vote
C1 Hatfield Yes
Cl Stelick Yes
Supv Varvayanis Yes
Cl Michaels Yes
Cl Grantham Yes
The recreation partnership agreement was discussed. This board has previously
approved the agreement, but a change was made giving the agreement a five year term instead
of being open - ended. The Supervisor will need authorization again to sign the agreement, and
a new copy has not yet been provided to the Town. Supv Varvayanis said that assuming that
was the only change, perhaps the board could authorize him to execute the agreement.
RESOLUTION #130 - AUTHORIZE SUPERVISOR TO SIGN
RECREATION PARTNERSHIP AGREEMENT
Cl Michaels offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby authorizes the Supervisor to execute the
Recreation Partnership Agreement on behalf of the Town of Dryden.
2,41 C1 Grantham
Roll Call Vote
Cl Hatfield Yes
Cl Stelick Yes
Supv Varvayanis Yes
Cl Michaels Yes
Cl Grantham Yes
On motion made, seconded and unanimously carried, the board moved into executive
session at 9:55 p.m. to discuss three matters of current litigation. No action was taken and the
meeting was adjourned at: 11:05 p.m.
Respectfully submitted.
Bambi L. Hollenbeck
Town Clerk
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