HomeMy WebLinkAbout2002-08-14TB 08 -14 -02
TOWN OF DRYDEN
TOWN BOARD MEETING
August 14, 2002
Board Members Present. Supv Mark Varvayanis. Cl Charles Hatfield, Cl Stephen Stelick,
Jr., Cl Deborah Grantham
Absent: Cl Christopher Michaels
Other Elected Officials: Bambi L. Hollenbeck, Town Clerk
Jack Bush, Highway Superintendent
Other Town Staff: Mahlon R. Perkins, Toun Attorney
Henry Slater, "Zoning Officer
David Putnam (TG Millers), Town Engineer
Supv Varvayanis opened the meeting at 7:05 p.m. and led board members and guests
in the pledge of allegiance.
CITIZENS PRIVILEGE
Monica Bosworth, Youth Development Program Manager with the County Youth
Bureau, explained the Outings Program to the Board. They have been running an outing
program in Dryden for many years. She explained that this is an outdoor adventure based
program. They choose goals from the list of priorities that the Youth Bureau would like
addressed for the youth of the County. They have chosen to focus on three primary goals (in
addition to others). Those are building and enhancing social skills, responsibility and
ownership (how their actions and attitudes create their own experience), and to have fun.
Other goals are individually tailored to the kids in the program. She explained that the County
is facing a budget crisis and has asked all the agencies to cut 209/6 from their budgets. The
County Youth Board struggled with this and have to make other cuts over the years. Very
reluctantly they decided instead of crippling all of the programs they would eliminate one
program from the target budget and spare the others. The Outing Program was put into the
over -target requests. They are asking the Town to communicate to the County Board that the
Town values the program and does not want to see it cut. Three participants in the program
spoke to the board about their positive experiences and the board was presented with
evaluations from participants and parents. During the course of the year they have 15 to 20
kids participate, there being room for 12 kids at a time in the program. The cost of the
program county -wide is $140,000. They run ten programs, one each in eight of the
municipalities, one through TST BOCES and one through the Alternative Community School in
Ithaca.
Allen Green, Director of the Ithaca Youth Bureau, advised the board that there is a
secondary impact in that it may affect the Youth Conservation Corps which is run in
cooperation with the Town. That is funded separately, however the staff that run the program
are the outing program staff and the program is built on the foundation of the outing program.
The van that is used is the same one used for the outing program and is essential in being to
implement Conservation Corps. Participants in the Conservation Corps did work in Etna,
Varna, Dryden Lake, in the Villages of Freeville and Dryden, at the Pioneer Cemetery and in
Malloryville at the nature preserve. They are unsure of exactly what the impact on
Conservation Corps might be if the County does not approve the over target request, but it is
likely that in order to continue to offer the program some budget adjustments would have to be
made through the Dryden Youth Commission and would affect Dryden taxpayers. Some of
Page 1 of 9
0
T8 08 -14-02
those participants
spoke to
the board about
their experiences in Conservation Corps and left a
display of pictures
showing
them at work in
various places. ,
Supv Varvayanis stated he had received a letter from the County Youth Bureau asking
if the Town would like to waive its portion of a refund by the State for youth services and put it
toward the County van or use it for some other purpose. Kris Bennett explained that the aid
increase would mean redoing all the contracts for the year. The increases are rather small, the
Town's portion being $268. The Youth Bureau has suggested that the municipalities put their
aid into the van that Cooperative Extension uses to run youth programs, allowing a few more
hours of transport for chAdren involved in programs. After discussion, the Board decided to
waive the refund and allow the County to use the money toward transportation expenses for
programs.
RESOLUTION ti 177 - WAIVE REFUND OF YOUTH SERVICES FUNDS
Supv Varvayanis offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board does hereby waive a refund of $268 in youth services
funds thereby allowing the Tompkins County Youth Bureau to use those finds for
transportation expenses for youth programs, and the Supervisor is authorized to sign the
waiver to effect the same.
2nd Cl Stelick
Roll Call Vote Cl Hatfield Yes
Cl Stclick Yes
Supv Varvayanis, Yes
Cl Grantham Abstain
Walter Math as of 14 Bridle Lane, Dryden, and a member of the Dryden Youth '
Y r3'
Commission thanked the board for continued support of the Commission. He informed the
Board that they do not anticipate a drastic cut to County funding for youth services this year
and hopes the Town will continue to match the funding. There are currently still two Town
vacancies on the commission. They have checked their by-laws and members must be at least
16 years of age. They will try and find a young person to fill one of those positions.
Representatives of the Youth Conservation Corp, Cooperative Extension Youth Services and the
Primitive Pursuits were introduced and spoke to the board about their respective programs.
The Board discussed the County's proposal to cut the outing program. Supv
Varvayanis said that while he felt it was a worthwhile program and did not want to see it cut,
he didn't feel that the Town ought to be telling the County how to do it's job. He also said that
he would not promise to make up cuts that the County makes because once the dollar for
dollar relationship was broken, the County may be inclined to make large cuts and expect the
Town to make it up. I-ie said that he could point out that the money actually multiplies as in
the Youth Conservation Corp example. The Board agrees that it is a valuable program. After
discussion, the Board agreed that Supv Varvayanis should write a letter to the County stating
that the Town felt the outings program was a valuable program and pointing out the multiplier
effect.
Stewart Gray, a member of the Dryden Recreation Commission, updated the Board
regarding Commission's progress in completing a brochure of the recreation activities available
in the Town of Dryden. A prototype of the brochure was given to board members and they
expect it to go to the printer at the end of the month. They anticipate it will be updated once or
twice a year. The Commission has also actively pursued the development of a baseball field on
Wall Street in the Village. This has involved organizing donations by various groups, including '
Whitmore Fence, NYSEG and Citizens Telecom. When finished this will be the only little league
Page 2 of 9
`rB 08 -14-02
field in the Town which is not under direct control of Dryden Central School. They anticipate
the field being ready for use in the Spring.
Much of their effort has gone into developing mechanisms
various recreational programs with the users. The programs are:
groups or individuals, not - for -profit organizations and for -profit b
devoted some resources to provide limited administrative support
utilized that in their Fall registration,
to facilitate interface of the
run by various volunteer
usinesses. The Town has
services. Sertoma Soccer
The Commission is concerned with the long-term viability of existing recreation
programs and new or expanding programs because they rely so heavily on volunteers to
produce the programs. While there are a lot of people who are willing to donate specific blocks
of time to specific purposes, it is difficult to find people who are willing to devote large amounts
of time to administer and organize the programs and volunteers. The Recre ation Commission
is currently investigating how other communities in the area are dealing with the issue and
how they are administering Town rec programs. Dryden presents a unique challenge in that a.
sizeable portion of the taxpayers are more aligned with Ithaca and Ithaca programs, and S Gray
stated that in some respects it makes sense to align recreation facilities and programs more
with school districts than municipal boundaries. The Committee understands the need to be
sensitive to all the issues and accommodating to all the taxpayers and is forming some ideas
and proposals and hopes to present these to the board in the upcoming months. They
welcome any comments from the board and thank the board for its support.
S Gray stated he would like to add a couple of people to the Commission. They have
good representation for a lot of the youth recreation programs in town, but there are people
from the community that are more in line with TC3 and Cortland State recreation programs.
They would like them to join the Commission. After discussion and consulting with Atty
Perkins, it was decided that: the local law could be amended to increase the size of the
Commission to a total of nine positions. Atty Perkins will prepare the necessary document.
Peggy Walbridge, Hunt Hill Road, asked that the'rown Board meet with the plaintiffs on
the highway lawsuit. She understands that there is a legal opinion that it is in the power of the
Board to do so. They are committed to resolving the dispute and are only asking for the legal
rights they believe their property gives them. She requests that the Board meet with the
plaintiffs soon and come to some resolution. Supv Varvayanis said the Board would discuss
this in executive session.
RESOLUTION # 178 - APPROVE ABSTRACT # 108
Cl Grantham offered the following resolution and asked for its adoption:
RESOLVED, that: this Town Board hereby approves Abstract #108, as audited, vouchers
#668 through #729, totaling $370, 1.11.29.
2n" Cl Stelick
Roll Call Vote
Cl Hatfield Yes
Cl Stelick Yes
Supv Varvayanis Yes
Cl Grantham Yes
Page 3 of 9
TB U8 -144)2
COUNTY BRIEFING
Martha Robertson reported that: there was a meeting of the Village of Dryden Public MW
Works Committee with Ed Mars of Tompkins County Planning and. two representatives of NYS
Department of Transportation. Ed Marx has prepared a memo in response to questions raised
at that meeting and M Robertson provided board members with a copy. M Robertson stated
that DOT and Senator Seward are anxious to move this project along quickly as they hope to
be in the facility next year. Supv Varvayanis said that Ed Marx would like to see the Town
committed to a site by November because he is afraid that the money might disappear after the
November election.
Supv Varvayanis noted that the 'Town Board and Village Board will be meeting on
.August 21, 2002 to discuss providing water to Ellis and Enterprise Drives.
After discussion the board decided September 4 was the best date for them to meet with
the Village and representatives of NYS DOT and Tompkins County to discuss relocating the
OT facili y M Ro son�.s d board Members to g b l o h r with additi . uestaons
ey may ave or a Yon orma ion ' ey may w elic sai he +Tot z
information regarding any other sites that had been considered and why they were rejected. Cl
Grantham said that the Town Board had previously suggested sites to County Board
representatives at the beginning of the process, and she would like to see that again and at
least the current criteria for what the DOT needs in a site, and if the County has criteria she
would like to see that as well. M Robertson Neill ask Ed Marx to gather that information.
Cl Stelick said he would like to see a list of all the possible sites and that he feels we are
talking about one site. He got information regarding the Hanshaw Road site and that seemed
to be pretty far along and then nothing happened. He'd like to know why other sites were not
chosen. M Robertson said there is no possibility of utilities on the Hanshaw Road site and the
budget the State has identified is not sufficient: to put utilities there even if there was a sewer
agreement and the County can't put money into the project. Cl Stelick reiterated that a lot of
work went into that site and he doesn't have the information he needs to make a derision. He
is not comfortable making a decision on one site without knowing why other sites were
discounted. M Robertson has asked Ed Marx to get information regarding the other sites and
will provide that to the board when it is received.
Supv Varvayanis asked M Robertson to convey to the committee the Town Board's
requests for information. M Robertson said she would and mentioned that she agreed with the
Town that it had not been well informed in the process and was uncomfortable defending the
process because even the committee oversees the project had only received reports that things
were happening and there had been no site selection discussion since she had been on the
committee (January 2002). She stated it needed to be an open ended process and every
possibility needed to be looked at in selecting the best site. She will obtain the list of criteria
necessary in site selection. She also asked that the Town provide her with any additional
criteria or information such as whether the Town would be interested in sharing salt storage.
Cl Stelick stated that it: needed to be clear that the Town Board would like the DOT facility
sited in Dryden, but wanted to make sure that it was in the best site possible. M 'Robertson will
contact the Dryden School Superintendent regarding the matter. Supv Varvayanis will contact
the Freeville Village Mayor. Supv Vwwayanis stated that any site selected should be on land
that is available and not taken by any eminent domain proceeding.
M Robertson presented the Board with maps of the proposed Empire Zone in the Town.
The maps were difficult for board. members to read. The original maps were colored and these
copies are black and white. M Robertson suggested that board members contact Martha
Armstrong for clarification. The resolution to be adopted by the County Board will include tax •
map parcel numbers of properties to be included in the proposed zone.
Rage 4 of 9
TB 08 -14=02
® CITIZENS PRIVILEGE
Susan Boutros of Oakbrook Drive, who has previously received a special permit for her
property, informed the board that there have been changes in the plan for expansion of the
building her property. Atty Perkins said that because the footprint has increased by twice what
was approved it would require an additional public hearing. S Boutros expects to be ready for
a public hearing on September 4, 2002, at 7:00 p.m. D Putnam said that he would like to see
the runoff calculations.
COUNCIL PRIVILEGE
George Frantz reported to the board on the progress of the Master Plan. Six chapters of
the plan have been drafted since January. The Planning Board has been reviewing each
chapter thoroughly and discussing the goals and objectives in detail. They are currently
reviewing Chapter 4 which lays out the issues that the Town is facing. He is making a few
changes to Chapter 6. The Planning Board meets again on August 29 and he hopes they will
complete their review of Chapter 4 and begin review of Chapter 5, the plan recommendations,
including proposed areas for future areas to be served with public water and sewer, proposed
network of public parks and a proposed network of bicycle and pedestrian paths. There is also
a proposed connector road west of the Village, of Dryden which may or may not survive the
discussions. A number of issues have already been raised regarding the recommendations that
he has made, including potential density of future development, how to handle the hamlet
areas in the Town and the area surrounding the Village of Freeville, transportation, truck
traffic, and traffic volume in general. He noted that it has taken the board longer than he
anticipated, but it has been productive. A revised version of the plan will be available after
® they have reviewed Chapter 5. Cl Grantham said she had spoken with Barbara Caldwell who
indicates that she is pleased with the progress.
Supv Varvayanis asked if the Village of Freeville had reviewed the plan and G Frantz
said that they had finished their plan and he has reviewed it.. He has spoken with Tom Lyson
and it is evident from the plan that there is room for some development in Freeville but they
would like to keep it in character with what is there, essentially single family homes, but they
are not looking for any major development. G Frantz said he is trying to come up with a
masher plan that doesn't exacerbate the traffic problems in Freeville and that is also true for
Varna and Etna.
M Robertson said that she has spoken with John Lampman about Red Mill Bridge. He
has tried to set up a meeting with NYS Historic Preservation Office (SHPO), but they have been
unable to accomplish that to date. fie will be talking with the Planning Board on the 290, and
will come to the Town Board after that meeting.
Cl Grantham said that she had attended a meeting that the Town of Ithaca hosted
regarding the cable commission. Danby and Dryden were invited because of the possibility of
entering into the cable commission. The cable commission has an agreement with 'rime
Warner from the beginning of their negotiations that they have until mid- October of this year to
sign a contract with Time Warner or if they don't, the original proposal put forward by Time
Warner goes into effect. Cl Grantham said she doesn't really see any advantage to the Town
joining the commission because of that deadline and recommends that the Town not get locked
into that agreement. She has spoken with a resident about getting broadband and has spoken
with Natan Huffman who recommends that the Town put out an RFQ for broadband service
and take bids on it. That would allow specifications for density to cover areas where cable is
not available. She believes Time Warner would negotiate with the Town for cable television if
® the Town were doing an RFQ for broadband because they want that business as well. She will
come back to the board with a plan after further discussion with Natan Huffman and other
Page 5 of 9
TB 08 -14 -02
citizens. It was noted that Time Warner does not have exclusive rights. C1 Grantham
recommended that the Town not join the cable commission. The Board agrees and Cl •
Grantham will convey that.
With respect to the aquifer, Cl Grantham stated that there are some additional costs
that are not included in the cooperative agreement. 'Those are installing a. stream gauge on
Virgil Creek for about $1,000 and the cost of three wells to be drilled, one in phase one and two
in phase two for about $15,000. She stated that the Department of Health has some funding
that could be used for this because it is drinking water related, and there may be up to $7,000
available for use there. She has also contacted the Water Resources Council and they are
putting in a proposal to get some funding ($5,000). There is also a grant opportunity that
could be applied for next year. She has sent a letter to the DEC letting them know that the
cooperative agreement has been signed and the Town would like them to help fund it. This is a
new fiscal year for them and the Virgil Creek aquifer is still a high priority for them.
HIGHWAY DEPARTMENT
Jack Bush reported that Abe Repine of MRCS had informed him that there is funding
available to do the necessary tile work on the spillway of the Donald Crispell Flood Control
Project and asked if the Town would still like to have the work done. J Bush advised him that
the Town did want the work done, but it is not clear exactly when the work will be performed.
Board members of have copies of the proposed Snow and Ice Agreement with Tompkins
County. It is essentially the same contract as in the past, except that the County will now be
plowing Midline Road, a section of Ellis Hollow Creek Road, and a section of Ringwood Road
from Ellis Hollow Creek Road to Nfidline Road. J Bush asked the board to authorize the
Supervisor to sign the agreement. Allik
RESOLUTION 0179 - APPROVE SNOW & ICE AGREEMENT
Cl Hatfield offered the following resolution and asked for its adoption:
RESOLVED, that the Town Board hereby approves the Snow and lee Agreement with
Tompkins County as presented and authorizes the Supervisor to sign the same.
2nd Cl Stelick
Roll Call Vote Cl Hatfield Yes
Cl Stelick Yes
Supv Varvayanis Yes
Cl Grantham Yes
J Bush informed the board that he is ready to proceed with a storm sewer project on Mt
Pleasant Road from Route 366 to above the "Varna 11" property (approximately 600'). Where
necessary property owners have agreed to give easements. The 284 Agreement will need to be
amended to include this project. Board reviewed the short environmental assessment form.
RESOLUTION #180 - NEG SEQR DECLARATION - MT PLEASANT RD PROJECT
Cl Grantham offered the following resolution and asked for it% adoption:
RESOLVED, that this Town Board issue a negative declaration based on the SEQR
review for the storm sewer project on Mt Pleasant Road. This is an unlisted action and the
Town of Dryden is the lead agency in uncoordinated review. The Supervisor is authorized to
sign all necessary documents.
2114 Cl Stelick 0
Page 6 or 9
TS 08 -144)2
Roll Call Vote Cl Hatfield Yes
Cl Stelick Yes
Supv Varvayanis Yes
Cl Grantham Yes
RESOLUTION # 181 - AMEND 284 AGREEMENT
Cl Grantham offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby amends the 284 Agreement: to include the Mt
Pleasant Road storm sewer project.
2nd Cl Hatfield
Roll Call Vote
ATTORNEY
Cl Hatfield Yes
Cl Stelick Yes
Supv Varvayanis Yes
Cl Grantham Yes
Atty Perkins has reviewed the engineering agreement between the Town and TG Miller
PC for the engineering services in connection with the Virgil Creek Stabilization Project. Some
changes were discussed with Dave Herrick and he has included language in the agreement
about subcontracting with Innovative River Solutions. Atty Perkins pointed out that TG Miller
is requesting a waiver of the Town's insurance requirements. They currently have bodily injury
and property damage general liability limits of $2,000,000 per occurrence, $4,000,000
aggregate. The Town requires $6,000,000. TO Miller has $1,000,000 automobile coverage.
The Town requires $6,000,000. The board can waive the additional insurance requirements
and Atty Perkins said their current coverage is probably adequate given the nature of the
project.
RESOLUTION # 182 - WANE INSURANCE REQUIREMENTS - TG MILLER
Supv Varvayanis offered the following resolution and asked for its adoption:
RESOLVED, ghat this Town Board hereby waives the Town's insurance with respect to
the agreement with TG Miller PC to provide engineering services for the Virgil Creek
Stabilization Project.
2,1d Cl Grantham
Roll Call Vote Cl Hatfield Yes
Cl Stelick Yes
Supv Varvayanis Yes
Cl Grantham Yes
Atty Perkins stated there are two other matters he needs to take up with the insurance
company. One is whether the Town can include in the contract: a request by TG Miller that
there be a waiver of any claims of subrogation in the event there are any claims made against
TG Miller and the insurance has to pay. They want the insurance company to waive
subrogation and it is a question of whether the underwriters are willing to do that. They
would also like to name as additional insureds TG Miller and Innovative River Solutions, Inc.
He also pointed out that under the terms of the agreement, there is nothing in it for the
engineer to provide any kind of surveying, description, easements or maps with respect: to
Page 7 of 9
TB 08 -1 4-02
areas that will be necessary for the project. The agreement also does not provide for inspection
of the project as it continues (no resident project representative of the engineer inspecting the •
work at each step). Atty Perkins has asked Dave Herrick to provide an estimate of the cost for
the services relating to producing easement maps. He assumes we will need temporary
easements to construct the project and that some kind of permanent easement will be
necessary to provide access to the site if there was maintenance to be performed in the future.
D Putnam stated that unless a boundary survey was necessary, surveys related to the
easements would be relatively inexpensive. The Board has previously authorized the
Supervisor to sign the agreement when it is in a form satisfactory to the Town Attorney.
Supv Varvayanis asked Atty Perkins if he had been working on the non -profit contracts
and Atty Perkins responded that he had been waiting for the descriptions of services provided.
Supv Varvayanis has requested that information from the non -profit organizations but: has not
received satisfactory responses from the majority of them. They will continue to try and receive
that information.
Cl Grantham asked if there was a report: with respect to Finger Lakes Stone Quarry.
Afty Perkins said it is a matter that involves potential litigation and is properly a matter for
executive session.
TOWN CLERK
B Hollenbeck provided the board with a copy of the most recent version of the By-laws
of the Recreation Partnership Board. They were adopted by the Recreation Partnership Board
in April and have not yet been ratified by the Town.
RESOLUTION # 183 - RATIFY RECREATION PARTNERHIP BY -LAWS •
Supv Varvayanis offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board does hereby ratify the By -Laws of the Recreation
Partnership Board as adopted by them on April 23, 2002.
2nd Cl Stelick
Roll Call Vote Cl Hatfield Yes
Cl St:elick Yes
Supv Varvayanis Yes
Cl Grantham Yes
B Hollenbeck reminded the Board that there are still several months worth of minutes
that need to be approved.
ENGINEERING
D Putnam reported that he had met with Jack Bush, Pete Messmer and another
representative from the County to discuss the scheduling of the Virgil Cre ck project, equipment
that would be needed, who would be responsible for what, etc. He has arranged for a tour of
some facilities in the Catskills to see how the work will be done, how the rock will be used, so
they can get a good idea of what they are going to be building.
ZONING OFFICER
Kevin Ezell reported that there were 20 permits issued this month. Board members
have copies of the monthly report. •
Page 8 of 9
TB 08 -143 02
DISCUSSION
Supv Varvayanis reported that: Cornell is interested in resuming the Local Government
Leaders Roundtable luncheon meetings and asked if anyone else on the board would be
interested in attending. Cl Stelick said he may depending on when they were scheduled.
Judge Clauson's Court Clerk has resigned. He has held interviews and recommends
hiring Deborah Gallagher.
RESOLUTION #184 - HIRE COURT CLERK
Cl Grantham offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hire Deborah Gallagher as Court Clerk at the rate of
$11.00 per hour for a six month probationary period, with the rate to be raised to $11.50 per
hour after satisfactory completion of the six month probationary period, and an additional raise
to $12.00 per hour after completion of one year of service.
2" Cl Stelick
Roll Call Vote Cl Hatfield Yes
Cl Stelick Yes
Supv Varvayanis Yes
Cl Grantham Yes
On motion of Supv Varvayanis, seconded by Cl Stelick, the board moved into executive
session to discuss two matters of current litigation and the employment history of a particular
individual at 9:43. p.m. No action was taken and the board moved back to regular session at
10:1.5p.m.
Supv Varvayanis reported that the City of Ithaca appears to be ready to back out of the
sewer agreement. The Town and Village of Lansing are thinking they may pull out also. In the
event an agreement can not be reached, the grant money received will have to be returned.
Supv Varvayanis said he will continue to try to reach an agreement, but in the event the City
does pull out, he asked if the board would be interested in an agreement with the other five
municipalities and try to attract some state aid. The board indicated it would be interested in
that.
On motion made, seconded and unanimously carried, the meeting was adjourned at
10:35 P.M.
Respectfully submitted,
J4 em Ile, 4/z; t� 1JACK
Sambi L. Hollenbeck
Town Clerk
Page 9 of 9