HomeMy WebLinkAbout2002-10-02TB 10 -02 -02
TOWN OF DRYDEN
TOWN BOARD MEETING
October 2, 2002
Board Members Present: Supv Mark Varvayanis, Cl Charles Hatfield, Cl Stephen Stelick,
Jr., Cl Christopher Michaels
Absent: Cl Deborah Grantham
Other Elected Officials: Bambi L. Hollenbeck, Town Clerk
Other Town Stag: Mahlon R. Perkins, Town Attorney
Henry Slater, Zoning Officer
David Putnam (TG Millers), Town Engineer
PUBLIC HEARING
APPLICATION OF SUSAN BOUTROS FOR MODIFICATION OF
SPECIAL PERMIT APPROVAL FOR 24 OAKBROOK DRIVE
Supv Varvayanis opened the public hearing at 7:10 p.m. and Town Clerk read the
notice published in The Ithaca Journal. Cheryl Thompson and Todd Sadler were present on
behalf of the applicant. Town Clerk read a memo from the applicant: to Henry Slater advising
that she was out of town on business and addressing comments in ZO Slater's memo of
October 5, 2000. ZO Slater explained that applicant's memo referred to conditions in original
approval and demonstrates compliance with those conditions although the addition itself had
not been constructed. He noted that Dave Putnam would like to discuss the aspects of storm
water management with the designer/ builder of the structure. D Putnam stated all the
elements are there, but how they are connected it will need to be fine -tuned when built. Cl
Michaels stated that his firm had represented Environmental Associates in the past and he was
involved in their representation, however they did not assist in any way with this matter and it
has been several years since they have done any active work for the applicant. He asked Atty
Perkins whether he should recuse himself from voting on this special permit. Atty Perkins said
disclosure had been made and he did not see a problem under the current circumstances. ZO
Slater pointed out that this is a SEQR exempt activity, and the applicant was seeking only the
footprint modification of the existing approval.
Supv Varvayanis asked if there were other questions or comments. There were none
and the public hearing was closed at 7:20 p.m.
RESOLUTION # 188 - MODIFY BOUTROS SPECIAL PERMIT
Supv Varvayanis offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board does hereby approve the modification of Susan
Boutros special permit, subject to the approval of the Town Engineers with respect to the
details of stormurater management not yet provided.
2nd Cl Hatfield
Roll Call Vote
CI Hatfield Yes
Cl Stelick Yes
Supv Varvayanis Yes
Cl Michaels Yes
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Monica Morton addressed the Board regarding their neighbor, Ithaca Produce- She
explained that two years ago Bole Cox had come to the Board and asked for help regarding an
isgg;ue with Ithaca Produce and their special permit. Ms Horton'w mother, Sun Ho Porter,
attended a second meeting on th,e matter which resulted in a fence beirsg placed between the
two properties to help prevent lights shining from Ithaca Produce on to (fie Porter property. Ms
Horton stated that her bedroom window is about ten feet from Ithaca Produce's loading docks
and trucks run all night long- The board had directed no true* movement from 10900 p.m. to
4:00 aJm. and she had agreed to that. She sWiyas that since that time Ithaca Produce his
operated their trucks all night long as they wish, After the last Town Board meeting she was
asked to attend a mediation meeting and that meeting was scheduled to happen at the Town
hall, ZO dater attended that meeting and wherk she arrived she was told that they could not
operate their business under ihat Testriction and they needed to come up with another
solution. She was upset that Ithaca Produce was present mn -b legal representation and she
had none. She told them that she would not help them until the 10:00 p.m. to 4;00 a.m.
restriction was met and left the meeting very upset. She stated she had stopped at ZO Mater's
office a few weeps later to let hirn know that the trucks were still moving all night and he asked
her to 5111 out a can.,plaxnt form and document the truck movement with detail. She stated she
did not have time to collect the data which involve getting up in the night and walkuig around
a stone wall to look at the trucks. She did not submit a written complaint at the time, but hex
father filed a written complaint about a year ago which she says there was no response to.
She has contacted Rich Curia once a week to disr:uss with him what he could do to help
her sleep at night. She says the trucks are moved off the property, but that happens aftE.r
10:00 p.m., with the first round of trucks leaving the properly around 11:00 p.m. and the
second around 1;30 a.m. She states that Rich Cutia has tried to work uith her. He has
rearranged his schedule to have 11-,e 18- wheelers came in during the day instead of in the
evening and has pasted a sign on the inside of the building stating when no truck movement is
allowed- She asked him to put the sign out front and he has agreed to do that and she believes
he has ordered a sign for outside. They assure her it will be quiet, but it doesn't last- She
asked thern to remove the back up beepers because there is no one out there in the night, and
says he has gone so far as to have broken two of the beepers on the trucks. She feels she has
worked with him enough and would now like some results. She ways it is not Rich's job. They
have come to the Board for help solving the problem. She feLels she has done more than her
share. There should have been, something done after the first complaint, and the zoning officer
should have taken care of it,
M :Horton states she has spoken with a lawyer ifl Ithaca. who provided her with a copy of
the New York zoning ordinances which she states have precedent over the Town's Zoning
Ordinance, and quoted absent specific authority Mi the ordinance, a board may riot impose
conditions which relate to the detailed conduct of applicant's business rather than to zorning
liraitatiorxs on use of the land- - -. which limits the number of his employees., --or set the hours of
operation, 0, li nit the weekend hours or the deliveries. 4, restrict the might time operations
and 5, prohibiIN the parking of more than five trucks outside the buiding at nighlrr She says
that is bad for her but the reason she brings it up is because the Town was not supposed to
make restriciHons on their special permit in the first place and that worries her because she
feels something is going iii her favor that isn't legally supposed to be done. The Zoning g O1�cer
is supposed to impose a $200 per day flue and she wanders •hat the point is. Z'tie utias have
spent $00:000 for a stone wall between the properties and had if they ha operated according to the
special permit (no truck movement), then why did they spend Lb e $30,000. She statrs she has
told the oumers [hat she has saved them money by not making a complaint and $200 a day
totals $73,000 for one year- She states the applicant should have come to the board for
approval to change their special permit, before making the changes in the first place.
Atty Perkins said as he understands it, the comp.Laint is that she doesn't want truck
movement from 10:00 p.m- to 4;00 a.n,- and that is happening, With respect to whether the
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Town had a right to restrict that, he asked that she have someone give him chapter and verse,
11+fi Horton states Dick Cutia. has told her Chis zs commercial property and he will do whatever he
wants on his property-
ZO Slater stated that Ms Horton had come to see him, he followed up i%6th Cutias and
they informed him that they were rolling the trucks down to CaslCey's to pails them, Mr. Porter
made a formal written complaint which ZO Slater forwarded to Ithaca Produce. Cutias advised
him that the allegations were incorrect at which time XO Slater asked Mr. Porter get
documentation and asked if he would be willing to testify in a proceeding. Mr- Porter was
unwilling at the time to do that, Psis Horton contacted ZO 1ailer and asked for changes to the
Berm- MY Porter ?Wade this writlen complaint today and states he is vAIling to bear witness in
a proceeding. Ms I3orton asked if the oak trees in the berm could be replaced with evergreens.
She has previously asked Rich C;utia and he said the board would have to approve that.
C1 Michaels asked someone to give him the history of the situation and ZO Slater and
Atty Perkins gave a brief history, The Clerk will provide Cl Michaels with copies of the
peTlLment minutes. Supv Varvaya.tnis said that the person who attended the mediation meeting
with Ithaca T'roduce (Paul Wagner) was from Cl Michaels lawn firm. CI N ichaels stated he has
left the firm and that Cl Michaels has no knowledge of the matter and the file itself is no longer
in his office.
Cl Michaels asked what options the board had and At1y Perkins said the Board cold
bring an action in the local justice court or bring an action= to enjoin their cori fin ued operation
inn violation of the special permit m Supreme Court. D Slater %uggested 90=19 to Supreme
Court- Horton said she will file a complaint every day The board will discuss the matter at
the next hoard meeting to determine a course of action.
Martha Robertson distributed a report prepared by County staX on the Alterrurtives to
Incarceration Program and a comparison between the full time employees funded in the 2002
County budget and those as proposed in the Steve Whicher's budget, indicating a net to Cal cut
of 37.15. She stated that an article in the Dryden Courier quoted figures given by George
Totman which were inaccurate, including a cut of 4 positions from the Sheriffs OfEce when the
net cut is 2, 5, with an increase of 1 in the jail, and noted this does not include the five
additional staff in the jail as required by the State. She stated that because of the eti`ectiveness
of the Alternatives to Incarceration (ATI) Programs, they wit? be able to cut the staff in the
Probation Department by 3,5. She stated G Totman has said the ATi program cost 1 -3 million
dollars and in the budget it is lister] as $524,000 for 2003, Health Department staff has been
cut by 9.37 and currently has staffing below the levels in 1997- Social SeMires positions were
cut by 13.5 and M Robertson= noted that is in addition ti} a cut this past Spring of 9 -S and an
additional cut of 5 the previous year- Total posiitions in 2002 were 768 and the total proposed
for 2003 is 731- 't }rere were 742,11 active full time equivalents =n nud September 2002.
M Robertson said George Totman was quoted as saying the Human flights Commission
cost a quarter million dollar; and in fact it is the budget for $164,000. She said Tompkins
County is not the only County with a Human. Rights Commission. There are 14 County
Human Rights Commissions in the State; 14 cities have them, as well as 5 Tow=ns and VillWs,
She said the Tomplcirns County Human Rights Commission is getting more and more referrals
from attorneys for people who ca= -iot pay their legal fees- There were 1838 inrlumes in 2001
and. 1238 to date in 2002. The majority of the calls are for employment related issues and
disability cases. Supv Varvayarus asked how many cases were actually upheld and haw long
the backlog was. M Robertson said that in 1999 they were five rears behind and they are nova
caught up, They have di 0vered they are prosecuting cases on behalf of the Federal
governrueat where the state is getting f=unding and the County is doing the work, but not
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getting funding. In order to qualify for the funding the commission has to be caught up on the
caseload Supv Varvayanis asked haw many of the cases are actually found in favor of the
plaintiff and what the time period for the backlog was at this tune. M Robertson will find out.
Cl Michaels said thKt It is Bard to imagine that cases that are valuable, given federal laws and
fee shif4szg and everything else available, that there aren't attorneys that would take these
canes at no cost to the County, and he believes in many cases, ,serve the plaintiffs better. He
said there are other vaecharxismw to 5creexi and provide free legal advice in these instances.
With respect to the ATI programs, M Robertson said they had heard from Judge
Heiman about Felony Drug Court and yesterday she attended a weekly session of the Family
Treatment. Court. She was impresser) with the process and thinks that Judge Rowley did a
good job. The ATI report includes a review of current literature on treatment prog=rams, It is
estimated that at least 45% of defendanrs convicted of drug possession will commit arxother
offense within 2 to 3 years. However, a ten year study of drug COUTtq fzom the Justice
Department indicates recidivism is less than 49/u for graduates of drug court_ Supv Varvayanis
pointed out that those numbers are based on a selection of citizens that they think will benefit
most from drug court and is not a random sampling of people urho go to drug court. Cl
Michaels said that it seems a large sum of money corlsidesiLng the number of participants,
roughly $44,000 per person in the program per year_ M Robertson said this is smaller than the
cast of plarang affected children in foster care or adoption and keeps the family intact (Family
Treatment Court).
Lisu Stelick said the representatives of Tompkins County should want to take care of
the taxpayers and come into the budget process by saying they don't wane anything more than
a 5 %u . increase_ Taxpayers have to take care of their pockets as well. She stated that when
there are alternatives that people can go to then perhaps the County should give up their
program this year. M Robertson said she is convinced that programs such as Alternatives to
Incarceration saves the taxpayer money in the long run. L Stelick said that as a resident she
wants justification of the dollars spent. S uPV Varvayanis said that without real numbers to
analyze he cannot give proper input, and feels that mazry people at the County don't have real
numbers to analyze. M Robertson urged board members to cnme to the county committee
meetings and said that there just isn't much fat in the Caunty budget to cut_ They are in fact
considering an increase in the sales tax. Cl Stelick said he understood that an increase in the
sales tax would still result in a 12% increase in property taxes,
M Robertson informed the board that the planning corn mittue voted this morning to put
into the capital prog=ram $50,000 for the aquifer studies, the idea. being that the County will
split the TowrY s 7CP/o of the total cast of the study.
Supv Varvaya nis said he wanted it made clear that he believes irr the P►lterzxatives tX)
Incarceration programs and argued very strongly for ir, but he wants to see what he considers
proper justification.
Bob Baxter, CEO of Dryden Mutual insurance, presented a letter and addressed the
Board regarding Oryden utual's opposition to construction of a DOT facility on Ellis Drive_ At
the last meeting he attended he thought the hoard felt that the existing neighbor (Dryden
Mutual) would not react in any way to the location of the DOT on Ellis Drive. Dryden Mutual is
a financial institul�on which bas choices as well. They are an employer (38 full time and 12
part tune) and are growing fairly rapidly, doubling in the last 9 years. They have grown at a
rate of 0u in the last two years and they are talking about expanding. They were planning on
comuag to the Board its 2003 to discuss a ruajoT addition to their property, On September 4 he
found out their potential addition would potentially overlook the storage, yard of the DOT
facility_ He writs the Board to understand that Dryden Mullual will react in some fashion. He
relayed information to his beard after the September 4 meeting and the feeling was that they
should table their expansion and wait and see where the DOT facility gees_ If it goes next to
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them then they may consider other options such as to abandon their current facility. They
is could afford to sell it very inexpensively. They could build another facility in another location,
perhaps in the Town or maybe not.
B Baxter stated that Dryden Mutual has the 3m or 41h highest payroll in the Town and
they are actively contemplating tatting the payroll out of the community. The anticipated
addition would probably house 30 to 40 additional employees over the next four to six years.
They are getting to the limit of their current facility and considering adding the same number of
people to Ellis Drive as the DOT facility.
He also pointed out that their jobs are relatively high quality jobs and they hire and
train. They do not bring people in from the outside and in fact go to Dryden High School and
TC3 and hire out of those institutions. They also provide scholarships in the community.
He is not against
significant benefits. His
the board to consider in
that it be on Enterprise ,
They may consider tryin;
themselves,
having the DOT facility in the Dryden community and sees some fairly
only argument is where is the most appropriate location. He asked
back of the Town highway garage or if it has to be on Ellis /Enterprise
so there is some distance between Dryden Mutual and t:he DOT facility.
g to purchase some additional property as a buffer area to protect
Joyce Gerbasi said there had formerly been a committee called the Dryden Lake
Committee which was changed a few years ago to the Dryden Trail Committee. They have not
had a meeting in a couple of years. The Conservation Advisory Committee has sort of taken
over the Dryden Lake part of it, but she stated that two of the committee members, Bard
Prentiss and Bill North, are concerned about getting going again on the trail and the expansion
of it and would like to start meeting again.
Cl Michaels asked when the Board was going to take up the matter of the emergency
service contracts. Cl Stelick said that Supv Vuvayanis had recently received a letter from
Dryden Ambulance, Inc. with a figure for what they would like to contract with and the length
of service (5 years). He contacted Dana Abbey last week and asked if they would meet with him
and Supv Varvayanis, but has not yet received a response. Supv Varvayanis said they had
received letters of inquiry from TLC and Bangs Ambulance and he is not really eager to ask for
an RFP if the Board is determined to go with Dryden Ambulance no matter the other proposals
that are received and asked the Board if they would litre him to get other quotes. The Board
indicated they were surprised at the price quoted by Dryden Ambulance and the major
difference would be paid drivers. Cl Michaels said he would like to see their audited financial
statements; it seemed like they were asking for a lot of money over what other quotes came in
at last. year•, and perhaps they should ask for other proposals. The priority is to provide the
best quality service for the citizens of the Town. Cl Michaels said he was impressed last year
by reports of heavy volunteerism with Dryden Ambulance and now they are looking to hire paid
drivers. Supv Varvayanis reminded the board if they were going to ask for other quotes, they
would have to do so fairly soon. Cl Michaels said he would like to see a proposal where Dryden
Ambulance keeps the revenue, and that they are aware of the quotes received last year and
they've had a whole year to consider their proposal. It might be worthwhile to get other
proposals. Cl Stelick said that any RFP should be very specific so that proposals could be
easily compared. Cl Hatfield said he is in favor of staying with the local company, but they
should justify their figures. Cl Michaels would like to put out an RFP.
Cl Michaels said with respect to the fire departments, the Town is paying them all
roughly the same amount and wonders if we are allocating equipment among the departments
correctly, since they don't seem to be servicing the same amount of calls. Cl Stelick said he
and Supv Varvayanis had recently attended a chiefs meeting and will try to attend as many as
possible. Cl Michaels said that perhaps the Town need to evaluate where the equipment sits
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and the way it is being expended and he thinks the people who will respond and be concerned
about the inquiry will be the people who are responding most vigorously. If the funds are
adjusted, the people who are doing the work will benefit. He would like to see the Fire
Departments comply with the Town's request for reports of activities.
Supv Varvayanis said he had written a letter of support for the fire department's
application to expand their certificate of need.
Cl Michaels stated that the Town had offered to fund some software for the fire
departments in order to aid them in their reports, and has not yet seen a proposal. Supv
Varvayanis said he had written to them and would write again. He noted that Varna had put a
request in their budget to hire a grant writer.
Cl Stelick asked if the Board would like Thoma. Associates to make a presentation to the
Board for providing grant writing services. The Board indicated that it would like a
presentation. It was noted that the grant application to upgrade Forest Home Mobile Home
Park was not granted. Henry Slater stated after realizing what was required to upgrade, the
owners have indicated they will probably close the park.
Supv Varvayanis stated that Susan Ashdown had resided from the Transportation
Council and they had an application from Mary Schlarb to replace her. After a brief
discussion, the board appointed her.
The building committee will meet again October 10, 2002 at 2:30 p.m.
RESOLUTION #189 - APPOINT MARY SCHLARB TO ITHACA TOMPKINS COUNTY
TRANSPORTATION COUNCIL
isCl Michaels offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board does hereby appoint Mary Schlarb to serve as its
representative to the Planning Committee of the Tompkins County Transportation Council.
2nd Cl Stelick
Roll Call Vote Cl Hatfield Yes
Cl Stelick Yes
Supv Varvayanis Yes
Cl Michaels Yes
Budget workshops are scheduled for October 7 and October 21, 2002, at 7:30 p.m.
There has been a request from Nixon Peabody to set another public hearing for the
Crown Castle tower application. The hearing was set for November 6, 2002 at 7:00 p.m.
Atty Perkins reported the Town through its community development block grant
program has made two loans to Cindy Morehouse. One was an actual mortgage where she
agreed to pay back 25% of the amount the Town had advanced to her (120 payments of $13.21
per month) and the other was a diminishing lien agreement where the Town gave her $3,969 so
that she could improve her property. She has now been approved for a mortgage of $61,500
and would like the Town to subordinate its two liens. The position of the board is it will not
subordinate.
Atty Perkins reported that Doug Sutton, Woodland Park Subdivision, has completed all
® of the required improvements by the Town of Dryden. He has given the Town a declaration of
covenants and easements in a form satisfactory whereby he has imposed upon himself as
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owner or on a future owner the obligation of maintenance for the drainage swales. The Town
is Engineer, Highway Superintendent, Zoning Officer, Town Attorney and DEC are satisfied with
the project.
The Planning Board has approved the Bestrun Subdivision, o@ Ferguson Road. One of
the conditions of the subdivision was that the developer construct a retention pond on one lot,
together with a ditch to control surface water runoff. Consistent with what the town policy has
been in the past, the Planning Board and ZO Slater spoke to Atty Perkins and he told them
that he did not think that Board would want the Town to assume any responsibility for the
maintenance of the retention facility, that it should belong to the developer or owner of the lot.
The Planning Board approved the subdivision contingent on the Town Board agreeing that:
there would be a similar program in place as with Sutton, whereby the developer or owner of
lot 7 would be bound by an enforceable covenant to maintain that pond and the ditch and
default of doing it, the Town would have the right, but not the obligation, to do it and assess
the cost to the owner of the lot. The Board agreed with this and directed Atty Perkins to
proceed.
The public hearing on TC3's fourth student housing building is scheduled for October 9
at 7:00 p.m.
On motion made, seconded and unanimously carried, the meeting was adjourned at
10:05 P.M.
Respectfully submitted,
Bambi L. Hollenbeck
Town Clerk
Page 7 of 7
Town of I mden
Town Board Meeting
® October 2, 2002
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