Loading...
HomeMy WebLinkAbout2002-10-09TB 104)9d►2 TOWN OF DRYDEN 10 TOWN BOARD MEETING October 9, 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 PUBLIC HEARING APPLICATION OF TC3 FOUNDATION, INC. TO MODIFY THEIR SPECIAL PERMIT TO INCLUDE A FOURTH STUDENT HOUSING BUILDING AT 24 FARVIEW DRIVE Supv Varvayanis opened the public hearing at 7:00 p.m. and Town Clerk read the notice published in The Ithaca Journal. Carl Haines, President of Tompkins Cortland Community College, introduced Sandy ' Gay, Chair of the Property Management Committee for the Foundation, Bob Ross, Dean of College Services for the College and lead project manager for this project for the Foundation, Lisa Belokur, Director of Resident Life at the College for the Foundation, Dennis Budzinski, Construction Manager for Somerset Builders, and Peter Vars, Project Engineer for BME Associates. C Haines explained that student housing is important at TC3 for a number of reasons. There has been a. demand for student housing for years because of students who want to attend from other areas in the state and the college has a large, number of international students. They are often not able to find housing in the area. In the Spring of 1999 the College asked the Foundation to consider acquiring the two buildings that existed then, and that was accomplished in June 1999 and the Faculty Student Association (FSA) agreed to manage the facilities. FSA operates the buildings as a full -scale resident life program. Having students in residence has had a positive impact on student life and programs at the college have been enhanced. Athletes now are attracted to TC3 because of the availability of housing. Housing has attributed to the growth of the college and enrollment has increased approximately 45 %-o in the last six years. Students who attend from other counties (75% of those who live in the housing) bring with them "out of charge back dollars" (operating budget and capital budget) which provides resources that the college budget can use to operate that local taxpayers don't have to come up with and the capital dollars provide monies to be used for building or remodeling existing facilities. They are in the process of completing an economic impact study (by Thoma Associates) to determine the irnpact on the local communities as the result of the spending habits of student residents. They believe it is significant and the study will be available in a few weeks. Bob Ross explained the rolls of the different organizations involved in the project. There are three organizations involved, Tompkins Cortland Community College (TC3), The TC3 Foundation (The Foundation) and the Faculty Student Association (FSA). The FSA is an organization that exists to provide support for college students for a lot of activities, athletics, etc. It has a board of directors (currently 17 people) comprised of faculty, students and staff. Page 1 of 26 0 b UJ TB 10 -09 -02 It is the non - profit fundraising arm for the college and has existed for about 25 years. They have been very successful in fundraising efforts and hold property used by students. The College has had a large number of individuals who want to come to TC3 and requesting housing. The College by resolution asked the Foundation to build another residence hall. There is a contract that spells out how the College and Foundation work together and under that the Foundation has asked the College to collect the deposits and room rent on behalf of the Foundation. The Foundation owns the land on which the housing buildings sit and has been owned by the Foundation for 25 years. They are the entity responsible for paying the mortgage. The FSA manages programs for students that are not covered by tuition and are funded in part by a student association fee. They manage the bookstore, the childcare center, the fitness center, the open scrim program, athletics, inter murals, residency program, etc. The salaries for the resident life staff are not paid from student activity fees, but from revenue from students paying rent to live in the housing. The important distinction is that this is a. stand -alone project. The rental revenues are used to take care of the mortgage, electricity, etc. The proposed building will look a lot lake the last building built in December. Instead of being L-shaped it will be one four story building. (Building was .Located for the audience on the site plan.) It will have a pitched roof, with a split -face block type exterior. The interior will be mostly four bedroom apartments (couple of two bedroom apartments) with a living room, full kitchen and bathroom. They are provided with cable television, local and on- campus telephone service, and high speed internet access. Each floor has a lounge and laundry area. The general construction is all masonry with load- bearing interior walls and split -faced masonry exterior. The building will have three sets of staircases (one in the center and one at each end) and an elevator. Floors and ceilings will be pre -cast concrete beams, much like that used in constructing hotels and motels. It will be rugged and durable. The heating system is gas fired baseboard hotwater. Fire protection includes a sprinkler system with coverage in all bedrooms 1 and all occupied spaces. There is a fire alarm, both heat and smoke detectors, and a system that automatically calls fire control when there is a problem. Bob Ross said staffing is important and speaks to the kind of program they have put together. Current staffing includes a director, Lisa Belokur, and an assistant director and both of those individuals are required to live on site, one in a house provided on site and one in Cortland Hall. There is a fulltime secretary and a 2/3 time maintenance worker on site. There is one RA on each floor (a student who receives free room) responsible for direct supervision and activities on their floor. Currently there is a. total of 9 RA's. Cleaning and snow removal are contracted out. When the new building is completed there will be one more professional staff and four more RA's and they will move the maintenance to full time. He believes this is adequate staff on site to supervise the program. This is a "full -blown res life program" and they look at this as a living /learning center. Staff provides weekly educational programs on a wide variety of topics (date rape, drinking and driving, mental health issues, nutrition and cooking, etc). There are recreational programs such flag football and camping trips. There is a van service students can take advantage of that will take them into town to do grocery shopping, etc (in Dryden, Ithaca & Cortland). With respect to safety concerns, fire drills are conducted regularly. Each RA participates in a ten day training program that covers first aid, personal counseling, and simple repair tasks. Security and discipline are linked and tied to the contract that each student signs and to the handbook which describes very specific riles for living in the residence halls. There is a residential life judicial process that handles minor infractions such as conflicts between room mates and individuals in the building. More serious rules include a two strike rule which applies to smoking in the building and drinking on the premises. If a student is Lusderage the parent is informed of the infraction. The second time they are caught they are given 48 hours to pack and leave the premises and their deposit and rent is not returned. A Page 2 of 26 TB 104)9 -02 zero tolerance policy applies to the use or sale of illegal drugs or the creating of a false fire alarm and the Sheriffs Department is involved.. They have not involved campus security in working with disciplinary issues and crime in housing. They have a contract instead with the Tompkins County Sheriffs Dept. They provide additional patrols, interact with the staff, assist staff in training, run workshops for students and are present and address the students at student orientation. Access to the buildings is controlled with a keypad. Room keys are set up so there is a key to the suite and a separate key to their bedroom. If the keys are lost, they have a system that makes it easy to change the locks and not compromise the level of security. Parking lot lighting was improved in the summer of 1999. Additional lights were added this past summer. The new parking lot: will be adequately lighted. The new building (as well as the last one built) will have interior television cameras for surveillance cameras and has been proved helpful in the past. They have a contract with a local physician to provide care for students who become ill. Emergencies are taken care of at either of the hospitals' emergency rooms. The college is looking into establishing a health center on campus. One issue that has come up at meetings with local residents has to do with students leaving the housing complex and walking down Lee Road. Early in the 1980's a fence and gate were installed at the end of Lee Road and apparently that did not stop student traffic on Lee Road. At that time rose bushes were supposed to have been planted between Lee Road and th e student housing. There are multiiloral rose in the field, but it is not enough to stop foot traffic. There was a dirt road that went from Lee Road to the reservoir and that has been improved to a gravel based road and both sides are now mowed, opening it up more. They have reviewed all • this and have agreed to add 20 feet of fencing to the left of the gates and in a couple of weeks they will transplant some of the multitloral rose to the front of the fence area so that it will be less likely that people will try to go around the fence. The point of vulnerability is that the gates are only 6 feet high and residents of the neighborhood have seen individuals climbing the fence. There is no plan to increase the height of the gate because of visibility from Lee Road. They will take a "wait and see" approach and if it continues to be a problem they may raise the height of the fabric on the chainlink fence to the east. There have been conflicting reports with respect to foot: traffic on Lee Road. With respect to drainage, residents of Lee Road have expressed concern about drainage and water run off from the student housing site into the back yards on Lee Road. They have taken the complaints seriously and invited those residents to walk the land with representatives of the college. On September 12 two members of the Town Board, Henry Slater, Dave Putnam, representatives of the college and representatives of Somerset walked through the backyards and up the hill to the student housing area to try and get a better idea of what was going on. They felt there might be one other area to add an additional diversion ditch to and are prepared to do that.. They have tried to place the building as far away from the residential area as possible and it will be masked by a lot of die other buildings in the area. The parking lot will actually be situate on college land instead of Foundation land. The College has leased that land to the Foundation for a long -term lease and both Counties have agreed to the lease. As part of the College's master plan the road to the parking lot from Farview Drive the road will eventually continue on, pass the proposed athletic fields and come out on Bahar Drive. That will give access to the student housing area via a road that is quite level. O Peter Vars of BME Associates, site engineers for the project, said that as part of the planning for the fourth building, one of the first things they did was meet with Henry Slater Page 3 of 26 118 10 -09 -02 and Dave Putnam to lay out the design as it related to some of the concerns that the Town had received fi om the Lee Road residents. The direction they were given was to insure that any • runoff from the new development: (and even addressing some of the drainage off of the existing facilities) would not be directed toward the Lee Road area, but to the northwest into an existing channel and eventually entering Egypt Creek. The natural drainage pattern is east to west. They are collecting any runoff from the proposed parking area and the existing building and putting it into a stormsewer system (located on the drawing). It will move westward between the college building and the christmas tree farm and enter Egypt Creek. A retention pond was constructed with the third building was erected and discharges through a swale to an existing large detention area that is controlled through a 12" pipe that discharges to the north and enters an existing ditch. The Swale will be better defined to insure that the water reaches the detention area. All runoff will enter a. new stormwater management facility (located on the site plan) which is designed to contain up to a 100 _year storm event and control the outlet through the existing ditch and into Egypt Creek. An additional diversionary channel will also be constructed to divert any water from the reservoir site toward the christmas tree farm and into the system. The goal of the system is to direct all runoff to pass through the system as described and not exacerbate any existing runoff problems the residents of Lce Road have. Supv Varvayanis said that a 100 year storm event was more than they were required to do, but it does not cost that much to do more and he asked how much percentage -wise over the 100 year storm event they were. P Vars said the system was designed to be the equivalent of a 100 year storm and if that were to occur the runoff volume from the storm would be held within the pond without topping it's banks. He is not sure what additional storage capacity there is between that elevation and before they reach the top of the bank, but will. calculate it and provide the information to the engineer. Supv Varvayanis asked what it would cost to finish the proposed road and the response • was that they really did not know what it would cost to finish it (about a mile) but there were estimates of $70 to $100 per foot. They have recently received approval from both counties to proceed with the design work on the athletic facility, fields and the road and should be ready to go to bid next summer, contingent upon a capital budget within the State University of New York and allocation of the funds needed for construction. Cl Michaels stated the site plan specifically identified some trees, but there were areas that were not identified (surrounding the parking lot) and was told that was existing vegetation. There are some mature trees that they would like to save and the intent is to keep it in its natural state to help screen the parking lot. Cl Michaels asked them, to describe what the view would be like looking up the hill at the site. The finished grade of the new building, the first floor elevation, will be at the approximate same grade as the third building. This is to soften the elevation, recognizing; this is a four -story building, and the roof line will be lowered. Cl Grantham asked if any of the neighbors had complained about students parking on Lee Road and walking in to campus. Joe Macrina of 49 Lee Road said they haven't had anyone parking, but on the weekends at 2:00 or 3:00 a.m. a car will come up the street because they think they can get through to the dorms. You hear their radio and then they put on the brakes because of the gate, turn around and go back down the hill. D Weinstein asked whether the fire trucks could reach the 4th floor of the building and was told that they could. The Foundation has made some adjustments to the sidewalk so that the truck can have better access. They are looking into having a stand pipe incorporated in the building for easier access for tJ:ie fire hoses. • Page 4 of 26 TB 10 -09 -02 RJ Calale, 47 Lee Road, has wanted to know the catalyst behind the project and how it relates to students that go to local high schools and residents of Cortland and Tompkins Counties that seek higher educational opportunities. He asked what it offers other than being a facilitator to a great sports program or revenue generator. At the neighborhood meetings they have discussed issues of drainage, traffic, fences and security. He wondered how the Foundation could contract and pay a Sheriffs Department, that is basically subsidized by tax dollars and is a service that everyone should benefit from, and he wonders how that service would be spread thinner in a time of need when other residents as well as schools might need service. There is a concern that there is a security system with a camera, but there is no one watching it. If there is an emergency they need to know what is happening at the time. It has been noted in the news media that there is not enough funds to support more than four or five cars at any given time. They are also concerned about future buildings, the upkeep of those buildings and maintenance of the road. Another 400 students means more wear and tear on the school. He asks where does this all benefit the taxpayer and says that he thinks the school is losing it's focus. He said the school should be competing for the residents of the two counties with programs that are marketable, income generating programs for residents who want to send their children to TC3 as a county community college rather than sending them elsewhere. Supv Varvayanis noted that this hearing is for review of the site plan. Bob Ross stated that TC3 is apart of a system of 64 campuses in the State of New York, 30 community colleges, and it is designed to provide students the ability to attend other colleges and that is why they have the "charge back" system. If a student from Broome County attends TC3, Broome County has to contribute some money to the operating budget of TC3 and some money for the capital infrastructure of the campus. They believe that an athletic program will attract students who want to continue to play sports after high school and will keep county residents from going to ® other community colleges. Over 501/0 of the community colleges in the state now have near campus housing facilities for students who do not wish to live at home while attending college. In order to keep taxpayer dollars from leaving the county they need to be competitive in the market and in the process it does attract students from outside Cortland and Tompkins Counties. RJ Calale said there are 400 minors in the housing facilities. He has had a discussion with a local deputy who said they are not sure if there was an emergency in another part of the County that they could give the best service possible to TC3 and the contract does not necessarily give TC3 priority. Bob Ross said that might be true, but that every single day the Sheriff s Dept does drive through the property and on critical nights, mostly weekends, they stop and spend time. Their presence is a deterrent and they participate in orientation and other programs. When there is a problem, they are there as soon as they can. Jeff Walkuski, resident of Lee Road, said he is also concerned about security and asked who was ultimately legally responsible for any illicit activity that occurs on campus. B Ross said the Foundation would be responsible with respect to the housing units because it owns the property and they have comprehensive and liability insurances. J Walkuski stated he does not feel the issues of security have been adequately addressed. He also stated that any foot traffic on Lee Road is unacceptable. He has seen the students walk up and down the road and he does not feel safe and does not want his children outside. He doesn't like people he doesn't know walking up and down his road. With respect to security at the housing facilities, it was noted that campus security were security officers and not peace officers. They are not armed and do not have arresting power and are college employees, not Foundation employees. Supv Varvayanis closed the public hearing at 8:14 p.m. and the board began deliberations on the TC3 Foundation application. Dave Putnam stated that he has reviewed Page 5 of 26 TB 10419 -02 the site plan. 'There needs to be some minor revisions and they are in the process of working out the fine details, but the overall plan and the routing of the storms is all in there. Cl Grantham stated that the board approved a special permit for a building last year and at that time asked what the future plans for expansion were and the Foundation indicated there were no plans for expansion. She does not necessarily object to the project, but under SEQR the board is supposed to consider an entire project in its entirety, even if it is phased over a period of years. She has asked the County Planning Department about: what the board should do to consider cumulative effects from the previous project combined with this project. The board has a responsibility to look at: cumulative effects from the combined project and to ask the Foundation what it's future plans are for the area. The County has recommended that be received in writing. D Putnam said the drainage plan does take into the cumulative effects from the entire site. C Haines said that the last application did consider a. second building, but they were uncertain whether there was a need for it, but a fourth building was always a. possibility. He stated there really isn't any room in this area to do anything more and he will be happy to put that in writing. Board reviewed and completed the long environmental assessment form for the project (contained in project file). RESOLUTION li 190 - NEC SEAR DEC - TC3 >F'OUNDATION, INC. Cl Michaels offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby accepts Part 1 of the Environmental • Assessment Form for the TC3 Foundation, Inc. project as adequately completed and hereby issues a negative declaration based on the SEQR review for the application of the TC3 Foundation, Inc. to construct a four -story, 132 bed student housing facility at 24 Far View Drive. This is an unlisted action and the Town of Dryden is the lead agency in uncoordinated review. The Supervisor is authorized to sign all necessary documents. 2nd Cl Hatfield Roll Call Vote Cl Hatfield Yes C1 Stelick Yes Supv Varvayanis Yes Cl Michaels Yes Cl Grantham Yes Atty Perkins staged that ZO Slater had provided board members with a copy of the Town's Ordinance Section 1301(2) and advised the board that it would be appropriate if in their discussion the board addressed all of the points listed and use them as a guideline for their reasoning. He said that the definition of a special permit is an authorization of a particular land use which is permitted in a zoning ordinance, subject to requirements imposed by the ordinance, or in this case the board, to insure that the proposed use is in harmony with the zoning ordinance and will not adversely affect the neighborhood if such requirements are met. The conditions which can be attached are those which are directly related to and incidental to the proposed special use permit. Since the Board has reserved to itself the right to grant or deny special permits as a legislative body, the only standards they are governed by are those in that section of the town law and that they not be arbitrary and capricious and that they be reasonably related to the permit. Section 1303.2(a) refers Section 1303.1 which deals with the completeness of the • application and board determined the application was complete. Paige 6 of 26 TB 10 -09 -02 is (b) Whether the location , the use, and the nature of the intensity of operation will be in conflict with the allowed uses of the zone or neighborhood. - No. (c) Whether the use will be more objectionable or depreciating to adjacent and nearby properties (by reason of traffic, noise, vibration, dust, fumes, smoke, odor, fire, hazard, glare, flashing lights or disposal of waste or sewage) than the operation of the allowed uses of the zone. - No. (d) Whether the use will discourage or hinder the appropriate development and use of adjacent properties or neighborhood. - No. (e) Whether a non - residential use adjacent to an existing residential use shall be screened by a landscaped buffer strip or suitable fencing. - No, buffering is adequate and it is a residential use. (Q Whether health, safety and general welfare of the community may be adversely affected. - No. Board discussed conditions and they shall include all prior conditions and approval by the Town Engineer of the stormwater management plan, addressing the cumulative effects. Attempts shall be made to control glare from lighting. Applicant will provide a letter stating the Foundation's future plans to the best of their knowledge. APPROVE SPECIAL PERMIT MODIFICATION - TC3 FOUNDATION Cl Grantham offered the following resolution and asked for its adoption: isRESOLVED, that this Town Board hereby approves the site plan modification by TC3 Foundation, Inc. to construct a fourth student housing facility at 24 Far View Drive, subject to the following conditions: 1) Prior conditions, including standard conditions of approval, shall apply. 2) Approval by the ,town Engineer of the stormwater management plan, addressing the cumulative effects. 3) Glare from lighting shall be controlled. 4) Applicant shall furnish a letter to the Town Supervisor indicating their future plans, if any, for further development of the area. 211d Cl Michaels Roll Call Vote Cl Hatfield Yes Cl Stehck Yes Supv Varvayanis Yes Cl Michaels Yes Cl Grantham Yes RESOLUTION #192 - APPROVE ABSTRACT #110 Cl Grantham offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves Abstract # 11.0, as audited, vouchers #668 through #729, totaling $370,111.29. is 2s +d Cl Stelick Page 7 of 26 TB 10 -09 -02 Roll Call Vote Cl Hatfield Yes Cl Stelick Yes Supv Varvayanis Yes is Cl Michaels Yes Cl Grantham Yes CITIZENS PRIVILEGE Teri Allen of Dryden Ambulance, Inc. presented the board with their monthly reports. There were 115 calls in the month of September. For the month of September they collected $32,120.04 (some this is reflects money due the town prior to 2002); year to date total is $165,798.68. A list of 'write-off requests" was presented to the Supervisor. 'C Allen noted that in some cases a check has been sent by an insurance carrier to the patient and the patient has neglected to pay Dryden Ambulance. These should probably not be written off, but be further investigated for payment potential. She asked that the board take specific and individual action on the remainder. Cl Stelick said he recommended that in cases where there was no insurance coverage and no payment had been forwarded to the patient, steps could be taken to write those off, but Multi -Med should pursue the others. Cl Michaels said he is not comfortable with having a policy where accounts are automatically written off and Cl Grantham agreed. Cl Michaels will take a look at it and make a recommendation to the board. T Allen stated that Dryden Ambulance is in the process of expanding it's certificate of need. They are required by State Law to send letters of solicitation to the two counties that are affected (Tompkins and Cortland). They have sent letters to the Towns in the area requesting letters of support and asked if they could expect one from Dryden. Supv Varvayanis said he had sent a letter of support. • Dryden Ambulance, I_nc. has sent a contract proposal to the Town for 2002 and T Allen asked whether the contract would be renewed and how/when they would be notified. Cl Michaels said he had met with Dana Abbey and Doug Cotterill and it was his understanding that they would review with their board and make another proposal to the Town. He stated he is not inclined to request an RFP at this time assuming that the proposal comes back generally along the lines of what was discussed yesterday, which was not far from what was proposed last year by for -profit services. T Allen explained that they currently have a full time opening and it is difficult, to hire without knowing if they were going to continue to be the Town's provider. R Flynn thanked Supv Varvayanis and Cl Stelick for meeting with the Town of Dryden Fire Chiefs. He hopes that. the board will be open minded when it coaxes to building additional towers if needed for the new emergency communication system. He stated that the Dryden fire department closed a two and half year fundraising program for the purchase of a thermal imaging camera. It was purchased recently at a cost of $18,495 and is available to every department within the Town of Dryden. It has been in service for three weeks and been used about. 9 times. Cl Michaels stated after visiting the Varna Fire Department he and Cl Grantham had suggested they would be interested in looking at a town -wide proposal from the departments to coordinate what they are doing for their software, and potentially looking at software and hardware solutions to make it easier for the volunteers to enter the information for reports. He stated they have not heard anything from the departments. Supv Varvayanis said he had sent a letter to all the chiefs. R Flynn said he was unaware of it, but he would check into it when the fire chiefs meet again. Adlt& Page 8 of 26 6 TO: Town Supervisor Varvayanis & Dryden Town Board members: It is understood that the Town of Dryden Supervisor and Town Board are seeking to change the way emergency ambulance service is provided to the residents of the Town of Dryden (including the villages of Freeville and Dryden) by contracting with a commercial ambulance service and eliminating the mostly volunteer organization that has provided service to the area for over 25 years. We the undersigned hereby notify the Town of Dryden Supervisor and Board Members that we do not want them to change the way ambulance service is provided and strongly encourage them to continue with the community based ambulance service provided by Dryden Ambulance Inc. ►IR_ ADDRESS i< <1 // ('1 N6 t1 AL r k42GCJ y f p (e� r/ i"nJ U z 9 l+1 v J l) /'t �f . Sw'Ir _. P4., f Z)Zk TB 10=09412 upv V arvayal s said he had asked about the repealer and wondered about. doing a town -wide program and spoken with Sid Knuppenburg and I'Iatan Hoffmann. R Flynn will bring that up at the next chiefs meeting, Supv Varvayanis said that the Tawas of Ithaca may be interested in pursuing a contract wink, su> rounding Towns for emergency fire service rather than with the City, and asked R Flynn to convey that i brm.acivn at their next meeting. Supv Varvayanis stated that he would take an agenda item out of order and discuss the Seeley et a1 v Bush matter, Rubin Seeley = I'm one of twenty -six plaintiffs in Ire law suit that ,seeks to prevent the Highway Department from expanding town roads on to private property, We have quite a group of plaintiffs here. Here's a brief chronology of events_ The Highway Department began cutting trees on Hurd Road in February 2002_ In March 2002 the Highrway Superintendent stated his belief that the Town owns a 49 1/t foot right -of -way on X1.1 the town user roads. In April 2002 we asked the Court for a restraining order to pr4�verxt the Town from widening roads, and those ,included Hurd, Hunt Hill, Freese, Alt, Pleasant, Genung, Ellis Hollow Creek: and Besemer Hill, to 49 % feet and to clarify this dispute on the sire of the Town right-of-way- The Court gm rated the restraining order and the Judge asked the plaintiffs and the Town to attempt to settle the matter out of Court, We did try and settlement offers went back and forth for awhile, but finally the Town refused to budge and said that it would put the matter back in J udge Mulvey's hands unless we settled on the terms of the Town's final offer. Ira the meantime the Highway Superintendent on behalf of the Tovm, but I believe without consulting with the Town Board, sued David Weinstein, a member of Planning Board, for removal of the 20 plus year -old stone wall in front of his house, which the Highway Superintendent claimed was in the Town right -of- -way. This was eventually settled out of Court an apparently the Town has admitted that the lnaiority of the wall is not in the Tovm right -of- wav and from what I understand, there is no decisiorn on where the rest of the wall is, So Judge Mulvey decided to give the plaintiffs on three roads a temporary injunction against the Town on June 411 , and the three roads included are Hurd, Hunt Hill and Freese. And Judge Mulvey said that he did not include the other four roads because the Highway Superintendent gave evidence that he had no plans to work on those roads. So now we are asking to negotiate a settieruent with the TownL Board, since under Section 68 of the Town Law the Town Board apparently may compromise or settle any action, proceeding or claim against the Tovm upon such terms as said Board shall determine axe just, reasonable and to the interest of the Tovm.' So we are asking that the terms of the i;eznporary injunction be wade permanent. The Highway Superintendent has described Judge ulvey's Decision as a victory far the Town of Dryden and extending the injunction to the other four roads would only mean including six additional properties, in addition to the ones that covered on Kurd, Hunt Bill and Freese. So if the Highway Superintendent is content with the Judge's decision, we have a hard tune seeing what possible reason there can be for not extending the decision to sirmply six more properties_ enurng road is on the Highway Depaztment's list fnr roads to be worked on in 2002 according to the Highway Department web site and the list of roads submitted to Tornpl ns County for work i n 2902 and a believe it's in (he best interests of the Town and the plaintiffs try have this injunction on the properties of all plaintiffs who live on these seven roads. Few the protection we have gained under the temporary injunction is nothing more than the protection frorn current state law. We haven't asked for anything more than what the state law provides. We seek only to protect our property. According to the terms of the ipmporary injunction, in adding the other six properties, we believe is certainly just, reasonable and to the interests of the Town. There's no reason for excluding the other six properties on the injunction because Page 9 of 26 TB IM94)2 the injunction simply restates state law with respect to road widenirxg. There is no reason to exclude enung Road, for example, from the e jundion, urnless you think that the property owners on ung Road should also not get the protection of state la v- So finally, this lawsuit has cosh the taxpayers about $8,000. We don t believe, that it's its the interests of the taxpayers to continuo to pay the Town's costs in righting to prevent citizens from. achieving the protection that is due them uncles scare law. Wcire heard publicly in the past that you as hoard members are ready to sit down with. us and settle this, so here's your opportunity, Here we are. Thank you. upv Varvayanis � Any comments from the Board? Cl Grantham - WeLL, I think that we ought to settle with the plaintiffs, and I think that the injunction lays out some goad guidelines for that that Mahlon doesn't have any disagreement with I believe, and I don't have any problem extending it to the other roads e>ilhter- C think it's a goad idea to extend it to the other roads, C1 Katfield - That's your take on this Mahlon? Atty Perkins - Charlie, I think this is a matter of litigation and consistent v4'ilb the policy of the Town Board, I think it's properly diseusse.d in executive sesman- C1 Grantham - I don't have any problem. We don' have to discuss it in executive session I don't think, if we don't want to. And I don't have any problem discussing it in public, Supv Varvayanzs - You think we should go into executive session just to discuss whether or not ti + *e should try to reach a settlement? Cl Michaels - Hors* long is it going to take? loo you wcmt to do it now? $upv Varva arcs � Let's du it now, CI Michaels - Okay, I make a motion to go into executive session for discussion of 1±ie Seeley et al lit ahlon, C1 Hatfield - Second, B liollenbeck - All in favor? Supv Varvayards, Cl Hatfield, Cl Stelick & Cl Michaels all responded "aye'. R Seeley - Can I just reumind you that mason we're here is because you guys have said you wanted to sit down in a room witb us and talk, so that's why we're here. a ronrp- Cl Granhham - That's right, M Walbridge - And Mr. Michaels spedflca ly said he likes to sit dawn with everybody in R Seeley - So that's why everybody's here. Cl Stelick - Okay - Cl MichaeJs - Great. Pale J 0 or 26 TB 10 -09412 Supv Varvayanis - And well be back in the room in a few minutes. Board adjourned to executive session at 10:35 p.m. and returned to regular session at 10:55 p.m. Cl Michaels - While we appreciate the opportunity to discuss this, the nature of our discussion, I won't go into all facets of it, but one of the issues that has come up, and we have been told that as a Town Board this was an action brought against one of our elected officials and that we do not have the power to settle it. However, we would like to make some recommendations and a proposal to both sides. We discussed it, it is our understanding, I think this is agreeable to everybody. Our specific recommendation is to enter into a factual stipulation that the Town's public use has been from ditch to ditch. That would include everybody's property in that factual stipulation. I'm using a very specific term. Dirk will understand what I have said. It would not be an injunction against the Town. It is my opinion that that gets the entire plaintiffs group absolutely 1001/6 of everything that they are looking for, in that the Town would not be able to argue that it's use extended beyond the ditch line and would then be subject to any of the laws of the state regarding taking and the constitutional protections. The difference being between an injunction and a factual stipulation is that the Town would not be subject to criminal level proceedings for violations that would be subject to any of the state laws and the constitutional laws in place. M Walbridge - If Mr. Bush is in his professional capacity and official capacity and I know that you have a legal opinion that you are the ones to settle this, but if you were taking the tact that he is in fact independent of you and Mr. Perkins is representing him, shouldn't you be represented by another attorney? Because it seems to me that there is conflict of interest in your being advised by someone who is holding two sets of clients and would have different opinions. Cl Michaels - Let me put it to you this way. I'm not actually going to answer the substance of your question because other than to say no, I'm comfortable with the opinion we've received, if we were the parties to the suit, I would be proposing the exactly the same thing. And I think when you discuss it with Dirk, and obviously I'm not in a position to give you legal advice, I think most of you that have talked to me know that I am very interested, and I am very interested in seeing this resolved as amicably as it can be at this point, I think this is something that at this point everybody, as I said, can agree upon. Everybody desires some certainty with respect to their property, where their rights start and where the Town's start as well. I think this would get us to exactly that point. I've made a blanket statement, from ditch to ditch. I don't know the issues with respect to your individual properties, but effectively this stipulation would have to go property by property and if there is any unique circumstances to that, I don't think anybody is objecting to identify those. To me that you have come to us and asked for a proposal as to how to get something, a settlement offer that would extend to all of the plaintiffs in the suit, and I think that this is what gets us started. M Walbridge - Mr. Michaels, in the past one of the stipulations in our back and forth was the Town, and we believe the suit is with the Town, did indicate from ditch to ditch or if there was no ditch, where we would define the road. So we have already made that offer to you and it has not been accepted. I'm having a little problem with this coming up now, when in the past you have turned that down. That has been part of previous, there have been other issues in there, but we have talked about, we have asked that it and it has been totally refused. So - -- Supv Varvayanis - Well, I think the point is if what's being offered now is what you're ® willing to accept, can't we move forward from here and let's get this settled and afterwards we !'agc 11 of 26 T8 10 -09-02 can all apologize for whatever mistakes may have been made, but let's not sit around arguing over who said what when. • M Walbridge - I guess, Mark, the problem I have is I'm wondering how much good faith is in this offer because we have made the offer and you've refused it. Now are you saying that you are making this offer to us and as soon as we say there are some disagreements as to where the back of the ditch and when there is no ditch, you're not going to just suddenly pull up the rug. Are you saying that we're going to have a discussion on this? Cl Michaels - I have no idea how to answer that in the sense that.... Supv Varvayanis - I do. I'm saying that there's good faith here. 1 honestly believe that. M Richmond - So does that mean that .Jack Bush or someone representing him will come to the landowners and say we're considering this action or this work on the road and that we want to talk to you about this and we think the ditch is here, what do you think? Is that a fair interpretation of what you mean by good faith? Because I don't have a comfortable feeling about that. There are some places where there are no ditches. Cl Michaels - Well, what I propose is not leaving it subject to some further discussion. The point of the factual stipulation would be to agree on two things, really on one thing: The extent of the Town's public use of the road. In other words, that we're going to agree today or whenever we're able to come to an agreement, exactly where on everybody's property line the public use is. And if in five years from now somebody wants to do some work that's six inches past that, the Town's use in the right -of -way, they're either gonna need to get permission, eminent domain, what's constitutionally and state law required. Cl Grantham - I think the difference, Peggy, is injunction versus factual stipulation. • That's the difference, not the content, not the substance of the agreement, but the form of the agreement. Audience member - What is the legal implication of that? Let's say there is an infraction against one of the landowners. Legally what is the difference between being protected by an injunction and being protected by a factual stipulation? Cl Michaels - You will need to ask Dirk that question, but I will answer it to the be st of what we perceive the difference. To you, I actually think that everybody would be better off with a factual stipulation. The reason for that is even under an injunction, the Town would still be able to come and argue that its factual use of the road extended beyond whatever the uijunction provided. If it's ditch to ditch, we would continually be able to argue that our use of the ditch was wider, etc. We would not have resolved exactly where the Town's right -of -way went. However, if the Town determines that Jack was wrong or one of the staff was wrong and went further than they should have, later determined, they could be subject. to criminal sanctions. That seems to have a high magnitude of downside for the'rown without resolving the primary issue which it seems everyone is looking for, is clarity. That is specifically why with that downside we do not see the Town, or again Jack, would be willing to settle a case like this where the end result is that he would be subject to potential criminal liability when it seems to me that everybody would be better off with a factual stipulation that adds to the clarity, tells everybody what the law is, and everybody seems to be willing to accept state law and current protections that are there as long as everybody recognizes that that's the existence. Audience member - I'll make it brief. Our case is very straight forward. l don't think there's much question about where our property line is and I'm not concerned about losing it • by disagreement. But if you wanted to establish what constitutes a property line, could you Page 12 of 26 TB 10 -09 -02 submit a survey? I know that several people have had surveys done. Could you submit a ® survey or photographs or something like that? And how much record keeping is involved to establish this. It sounds pretty complicated. Cl Michaels - Well, it's a complication that would exist in pursuing any litigation. At some point the Judge is being asked to determine where the road is, and as the plaintiffs you are asking the Court to make that determination. You have the burden of proof, and therefore every one of you would have had to go out and get a survey and make a case to the Court that this is where you would have thought your property line would be. I personally as an attorney think that if I were in your shoes that's exactly what I would have done. I would get a survey, show where the ditch line is, and record it. You're looking at a couple hundred dollars. To me that's solving the issue for everybody that would take title of it. I plan to be at my house for a very long time. I don't know that that's necessary. Lots of land was sold for many, many years without surveys and just described. R Seeley - Obviously, these are matters we'll need to talk with Mr. Galbraith about. I don't think there's any sense in hashing it out now. But I want to say on the record I'm extremely uncomfortable with the suit and with this Town thinking that when a public official is sued in his official capacity and depends on the Town for his defense, that the Town Board is not involved. I don't get that at all. And if that's true, then I think Jack owes the Town $8,000. Because how can you be sued as an official of the Town, have the Town pay for your defense and then not have the Town Board involved in any way. I don't understand that. I know that you have opinions to the contrary and I would like further discussion of that once this is all over because that's something that I absolutely don't get. Cl Michaels - All that I would tell you is that has gotten significant discussion and probably will get more in the future. Whole classes in law school, especially from the Nixon era, as to duties with respect to legislature versus an executive body. And these tensions are there and intentionally so, but it's actually very typical, for example Delaware law provides for corporate officers to be entitled to a defense by the corporation, even for corporate malfeasance. So if someone is sued even for embezzlement, he can get defense for free. The point is this is many facets, many people are required to pay for defense even when they're actually actively seeking a suit against somebody. So I don't think it's that atypical. R Seeley - And just one last point. Back in March or April you started talking about developing a town -wide policy, so I just wanted to insert a little reminder that when the dust settles I hope you can pick that up. M Walbridge - I would like to reiterate that I am uncomfortable with the Board not insisting on appropriate behavior from the Highway Superintendent and allowing him, either what 1 am hearing from you today is the majority of you are voting whichever way Jack wants the suit, and yet at least one of you has said that you're saying well we're not going to sort of interfere here. We're not in the State of Delaware, we're not in a corporation, and I believe you do have a legal opinion, another legal opinion, that you do have a right to step in here, and so I am hearing, and I think everyone here is hearing, that the majority of you is not picking up that and helping the citizens that you supposedly serve. I am also at loss over that. I also suspect we're going to have some discussions over what is actually ditch to ditch. And you might have us back here next month having a discussion when it breaks down with Asir. Bush and NIT. Perkins. So I hope you realize that if you sort of send us out here, we're probably going to come back with a similar problem. Cl Michaels - I guess I would add that that's exactly what I'm hoping for in a sense. I'm actually hoping that that clarity is provided and if that means we have to keep discussing it, O that's fine. But I see very little point deciding about the documents and leaving the open question of exactly what ditch to ditch means or any other thing. Somebody proposed a Pagc 13 of 26 T13 10 -09 -02 survey; that seems to clarify the issue to fractions of an inch under current surveyors' capabilities. As I said, I think I have stated what I would do in the plaintiffs situation. a 0 Supv Varvayanis - Again, I think we're starting to drift off. The board I think is comfortable with the decision that was made and you yourself said this was an offer you already made. M Walbridge - Part of it yes. The devil is in the details, and if we can do that. I am discouraged that you're not willing to have the force of law control the officers of this town, and you want to move it off so that there isn't any penalty. And that is discouraging. But we will look into it because it might be worth settling that way. Supv Varvayanis - There are still civil penalties. We're doing away with the criminal penalties. M Walbridge - But I mean you are trying to sidestep the law here in one aspect. I see Chris still rolling his eyes, or ... Supv Varvayanis - Well I don't see it as a sidestep of the law, and as it was explained to me, not being an attorney, if we do the finding of fact now that we have an agreement. If we accept the injunction, there is still no finding of fact and then when Jack goes and does whatever it is that you're so panicked he's about to do, then you'd have to go and sue, and then there'd be all this finding of fact a year from now or two years from now. So in many ways we're jumping ahead doing it this way as I understand it. Cl Grantham - That's my understanding too, Peggy, is that you would be able to make those definitions in a factual stipulation and that those definitions couldn't be disputed later or there couldn't be any claim that there is no definition. And I think that's a strength of this. 40 M Walbridge - 1 agree if Mr. Bush and Mr. Perkins would be willing to do it. M Richmond - 1 guess I understand the effort here to come to some copaeetic finding here on this, but: why are we doing this when it: amounts to protecting one individual from criminal prosecution for wrongdoing? Do we have to go that far? I'm not for seeing someone get in real trouble for these things, but on the other hand, it seems to me that when the law is clear about this, and the law has been read to all of the parties, and we're still worried about this and there is a. great deal of discomfort., then why do we have to make an agreement? I mean if I broke the law there 's no protection for me for doing this. I would expect to be called up short on this and punished if it were sufficient; call for punishment. So there's a part of what I'm hearing and thinldng that just doesn't fit here. What's wrong with my picture of this thing? Why do we need to afford Mr. Bush special protection from criminal prosecution if he does something that basically, after he's been warned two or three times, somewhere becomes a criminal act doesn't it? This is in your face kind of activity. You can't bully your way through the business, especially if you're an elected official. I don't understand. Cl I•Iatiield - VPhat did Jack Bush do that was illegal? M Richmond - Well I understand that reaching out beyond the level of where the roads have been over the years and expanding the right -of -way is to my way of thinking, an illegal taking and expansion of right -of -way that is against the law. If I'm wrong about that then... Cl Hatfield - He had permission to do everything that he did. Page 14 of 26 T13 10 -09 -02 M Richmond - Did he have permission to come to Genung Road, lower Genung Road, and expand that road and cut trees on property which I own? Did he have permission from me? Where did he get that permission? He never spoke to me about it and prior to that..... Supv Varvayanis - I don't see this as our trying to protect Jack from criminal wrongdoing. Again, if we had the injunction, yes it would be covered by criminal sanctions. On the other hand there would be no finding of fact. So if he did something you would have... I mean we're both giving up something if you want to call it that. We're both gaining something. That's what a settlement is all about and I think this comes as close as we will to getting everyone what they're looking for. M Richmond - I agree at the front end that what you're proposing sounds reasonable to me and a way to get us to some reasonable point, but I'm still hung up on.... Cl Michaels - And I think Mark put it very well. It seems to me the whole point is clarity. And I think everybody xvho I've talked with, I've said basically the same thing. It has been my absolute impression and when Jack has clear instructions as to what he can and cannot do, he has absolutely no desire to do anything different than that. One of the things that came out of this suit was that he was operating under the understanding of a 49 1/2 foot right of way. This suit has elucidated something different and he's operating very much in conjunction with what has already been ruled in this case. And I think the one major piece of information that we all lack at this point is exactly where that line is on everybody's property. And so I see everybody getting something more out of this case. So the specific format of the settlement that I'm suggesting to everybody seems to get everybody a lot further down the road and really hopefully, obviate the need for everybody coming back in the next time roadwork is done in front of anybody's house. is David Weinstein - What we're worried about Chris is if in certain circumstances we cannot agree, there is no mechanism for getting to an agreement if Jack strongly feels like this is further than we feel -- something like that. There is no mechanism for getting there, and we've lost what we've already gained through the Court in a power. It's at least a temporary power at this point. But saying «re have to come an agreement. Supv Varvayanis - But there isn't: a settlement until there's a settlement, so you're not giving up anything. If he runs into a. problem with. some of you as to where the exact line is, we're where we are now. 17 Weinstein - That's true, and I just wish we had a mechanism for making sure we could get beyond that to an agreement. As you said, if good faith holds, we can come to an agreement and that will be great, but obviously we're worried about those cases where we're just going to have a difference of opinion and not know .... Cl Michaels - And I think that's the whole point, to get rid of any differences of opinion. It's very hard, as I said, for those of you who are worried about: that, I highly recommend a survey. D Weinstein - A survey isn't going to identify where the ten year public use is. Cl Michaels - It absolutely would. That's exactly what I'm arguing. D Weinstein - No, there is no..... Cl Michaels - That is exactly what I am proposing to you, is that line would be drawn across your survey I* that says this is the extent of the Town's.,,, Page 15 of 26 TB 10- 09=02 D Weinstein - Through an agreement with Jack. Cl Michaels - Yeah, you would both stipulate, and both come to an agreement, that factually this is where a line exists. On this side of it is my property, not public use. On this side of it is public use, still your property but rights of the public exist. Tom Clougherty, Hunt Hill Road - 1 would suggest the level of documentation follow the level of concern each individual has for his property. If there's an objection alter the fact; then it will be ironed out right now. Supv Varvayanis - All right. Thank you all for coming in and I really do think that there's good faith here and I'm reasonably confident that there will be a. good settlement and well all be happy as clams. Cl Grantham - I think so, too. My sense is this will work and 1 don't think that other issues such as you and Peggy and Mike have brought up are resolved. !Nobody has really convinced me, but I do think this factual stipulation, if you can come to those definitions, will at least answer that part of it. ?? - Let me understand this, if you're working on a good faith agreement, is this going to be written up, what it is that you're in good faith agreeing to? Supv Varvayanis - Definitely. ?? - There's a lot of reference to state law. Is that being followed? Supv Varvayanis and Cl Michaels - Yes. Cl Hatfield - And that's what's in Mulvey's Decision. Plainti is thanked board for meeting with them. Supv Varvayanis noted that the Cutias were present to discuss the Ithaca Produce matter. Michael Porter has filed a formal complaint that Ithaca Produce trucks are running outside of the times allowed by their special. permit. Brent Maynard of Ithaca Produce responded. He stated that they had received a copy of the complaint and acknowledged that they were in violation. of item #I of the resolution granting their special permit. B Maynard stated that in the past years in an attempt to solve the problem and satisfy the one neighbor who complains about noise issues they have done several things. At the request of the board they paid for an independent sound study (at a cost of $1,500) which found that Route 13 generates significantly more noise that their operation. They have ceased night: time receiving hours. Two years ago they received product 24 hours a day and soon after the first: complaints they scaled back their receiving hours and now typically receive between 7.00 a.m. and 7:00 p.m. There are rare occasions when they receive product outside those hours, but never before 10:00 p.m. or after 4:00 am. There have been a few* times when drivers get poor information and come into the yard in the early morning hours. This has happened once or twice in the last six months. They agreed to move trucks off their premises in order to be able to run the refrigeration units. When the board asked them a year ago to not run the refrigeration units in the yard between 10:00 p.m. and 4:00 a.m. they were at a loss as to howl to maintain the quality of the product they deliver statewide on a daily basis. Larry Caskey of Caskey's Garage offered his property as a place to park the trucks after loading in order to allow the refrigeration units to run. They ciuTently shuttle trucks to Caskey's after loading and the driver returns to the warehouse on foot. • Page 16 of 26 T8 10 -09 -02 At one point Cutia's met with the Porters and offered to purchase their home which is assessed at $88,000. They offered $120,000 which the Porters rejected and informed Cutias the cost: would be $200,000. (M Porter said this was not true.) Cutias attempted to relocate the business by purchasing property on Ellis Drive but were unable to negotiate a fair price per acre. Ithaca Produce erected a 75' long 8' high fence along the property line as a sight and sound barrier at a cost of $1,700. Last year they erected a landscape rock berm over 100 feet long, 15 feet wide, and 10 feet high to create a sound shadow over their neighbor's property. It was designed by a professional landscape architect and approved by the Town Board. There are three layers of riprap and it is planted with mature trees and shrubs. The total cost was almost $30,000. They have adjusted their internal shipping operations to further decrease late night yard noise. They changed how they load their trucks so they are loaded in three distinct stages and shifted their loading schedule so that what used to begin at 7:00 p.m. now begins at 3:00 p.m. This allows them to wrap up all their orders before midnight. (They don't receive all of their orders until 5:00 p.m. or a little later.) There are problems they are still working on in a good faith effort to address the concerns of their neighbor. One of the issues is the backup beepers on the truck and after being told by several sources that the beepers are required by law, they have recently learned that is not true. They have made arrangements to have a toggle switch installed in the truck so they can be turned off in the yard, but will still be available elsewhere for safety purposes. A lighted sign will be installed in the yard informing truckers that no overnight: parking is allowed in the yard. They are continuing to try and work in good faith with their neighbors. They realise they are in violation of the special permit: in that they do move the trucks between 10:00 p.m. and 4:00 a.m. When they have finished loading the last trucks, they push the trucks from the dock to Route 13, start them on Route 13 and drive them away from the property. B Maynard provided the board with a list of deliveries Ithaca Produce has received in the last month showing the type of truck and the time of the delivery. There were 93 trick deliveries in the four -week period, the maximum for one day being 7 trucks. B Maynard explained that they need to be able to start the engines on the last few trucks and move them off the property to Caskey's to run the refrigeration units at night. The last truck movement coming to the docks is at 10:00 p.m. and when those are loaded they are moved one by one (presently rolled to the road) and started on Route 13. They would like to start the engines and move them to Caskey's. Monica Horton stated she is the one bothered most by the truck movement. She stated that there is truck movement between 10:00 p.m. and 4:00 am. (Supv Varvayanis pointed out that has been admitted by Ithaca Produce). She asked what it will take to force them to completely comply with the terms of the special permit and suggested that there be a better investigation of complaints by the Zoning Officer. Cl Grantham said she did not have a suggestion about moving the trucks off the property (and she noted she had seen them moving trucks Tuesday morning). She wondered if they could do something better than a lighted sign to keep people from attempting deliveries such as a gate or chain across the driveways. Cutias responded there is no problem with deliveries at night (except one or two instances in the last six months). Cl Grantham said that is since it does happen once in a while, a chain or gate would be less obtrusive than a lighted sign. Cutias said that could create a hazard and cause an accident when a trucker realized he Page 17 of 26 TB 10 -094)2 could not get into the driveway. Atty Perkins pointed out that emergency vehicles would need access. Cl Stelick said that a rope across (such as used at Tree Forms) could be effective, yet easily broken through, and show a good faith effort. S Porter said one of the driveways should be eliminated, preferably the one next: to their house. M Porter said the fence was promised long ago and for 15 years they had no privacy. Now they have put in the stone wall, and he thought it would be effective, but it is not high enough to shield the noise. He suggested another three or four feet in height would be better. M Porter said since they have started videotaping the activities at Ithaca Produce, it has been very quiet there at night. D Cutia said they have made attempts and have been successful at decreasing the amount of noise generated at night. S Porter suggested they change the loading dock to the other side. Cl Grantham asked if they could put ropes across the driveways with a sign indicating the hours of access. Cl Stelick said he believed that would be effective and that the restrictions in the special permit needs to be abided by. D Cutia said they would like permission to move their trucks after they are loaded to Caskcy's. They don't want to be able to receive product, only move the trucks so they can run the refrigeration units. It would be about 10 trucks a week after 10:00 p.m. Cl Grantham asked if they were willing to increase the height of the berm, put a fence on top of berm or something. R Cutia said the money is running out for that type of thing. They spent a significant amount of money to have the berm constructed. There are plantings on top of the berm, including large oak trees. Supv Varvayanis asked if they could have the engineer look at it again and make some suggestions as to how it might be improved. M Porter stated that a truck had been at Ithaca Produce the previous Saturday and the engine ran from 9 or 10 o'clock until 3:00 in the afternoon and the noise and exhaust fumes were offensive. R Cutia said that it was running during a permissible time though he could understand why the Porters were bothered b_y it. Cl Grantham suggested that Cutias contact Cooperative Extension and see if someone there could give them advice on how to make the stone wall and berm more effective. S Porter said Ithaca Produce just needed to stop the noise. She and M Porter do not: want the trucks started and then removed from the property. D Cutia said he would raise the stone wall four more feet if M Porter would allow them to start the trucks and move them to Caskey's after they were loaded. M Porter said he would have to see how it sounded. Dick Cutia asked the board if he could come to an agreement with Porters if the board would consider an amendment to the special permit, and the board indicated that it would consider such an amendment. The Cutias and the Porters will attempt to reach a solution to the problem. Cl Michaels informed the board he had not participated in this matter and that he would recuse himself from any future special permit consideration because Paul Wagner of his law firm had previously represented Ithaca Produce, and further that he was hopeful the whole issue would be moot because the parties were able to reach an agreement. COUNCIL PRIVILEGE OF THE FLOOR Cl Grantham told the liloard that the Cayuga. Lake Watershed lntermunicipal Organization has received an announcement that they have a $230,000 grant coming to do erosion control work in the watershed, much of which will happen in the southern end of the watershed, probably including some in Fall Creek. The amount is less than was applied for so the scope of work will have to be amended and then the money will be received. She also noted • that an Environmental Planner could be used to help oversee this. Panc 18 of 26 TB 10 -09 -02 Tompkins County has a position titled Environmental Planner and they currently list the wage at $39,599 annually. Cl Grantham said that the amount the Town has in the preliminary budget could probably be lowered to be more in line with this amount. Cl Grantham said that the Phase Two Stormwater Regulations will soon have to be addressed. This will change how we handle stormwater, and the EPA promulgated Federal regulations. The States are supposed to be promulgating their State regulations and their general permits, etc. The State has one in draft and the comment period is through November 15. All the municipalities that are impacted by the permits have to have their notices of intent in by March 1.0, 2003. Two areas of concern are places that have municipal separate storm sewer systems (MS4's) and part of Dryden is included in the Ithaca area as having that, so a notice of intent needs to be done for that. The other thing that affects Dryden is that before there was a SPEDES permit required for construction on five acres or more total disturbed area, and now that is one acre or more. The notice of intent has to cover five areas including how the municipality will handle the construction and stormwater, public education needs to be addressed, etc. Cl Grantham said hopefully she will be able to work some of the other municipalities that have to do this and they will be able to help each other out so that we have it for March 10, 2003. This is a major requirement that the Town will have to do by law and is also something that could be handled by an environmental planner. Cl Michaels asked why the term planner needed to be prefaced by "environmental" and Cl Grantham responded that an environmental planner has not just land use planning training, but also environmental management trauung, such as stormwater management. Cl Michaels said he would be concerned with finding someone who wanted to do environmental planning and not land use planning. Cl Grantham said land use planning is necessary to protect water resources in part and she doesn't particularly care what the title is, but the list of 49 tasks that she came up with for the position is partly what a regular planner would be trained for and partly what an environmental planner would get trained for. Cl Michaels said Bolton Point Water Commission had written to the City breaking off any negations with regard to the City entering the commission. Supv Varvayanis said he had a call today from the DEC and the Commissioner is coming to Stewart Park tomorrow to make an announcement of funding for the sewer plant. The building committee will be meeting tomorrow. Cl Michaels asked what the status of the DOT relocation was. Ed Marx is making a list of the pros and cons and the two different sites, and when a site is chosen the DOT and County will have to talk to the Village about a zoning change or water, depending on the site that is chosen. Cl Stelick said some people met with Senator Seward yesterday and asked about the possible loss of funding mentioned by Barbara Blanchard. Senator Seward said that was not: the case, though he would like to see the project move along. Cl Michaels said that there was no indication that DOT would pay to have water extended other than for their own needs. Dave Putnam said there was a water source, but the treatment costs would be very high because of the iron and manganese content. HIGHWAY DEPARTMENT Jack Bush presented a proposed resolution designating seasonal use road and asked the board to act on it. 4) RESOLUTION # 193 - DESIGNATE SEASONAL USE ROADS Page 19 of 20 TB 10 -09-02 Cl Grantham offered the following resolution and asked for its adoption: RESOLVED, that this Town Board does hereby accept the following list of seasonal e limited use highways upon the recommendation of the Highway Superintendent. These roads will not be plowed or maintained from November 2002 through April 2003. The roads will be posted with appropriate signs and the Town Clerk shall post such notice at the Town Hall. 1) Hite School Road - from 147 Ed Hill Road west to within approximately 500 feet of Route 38, 2) Signal 'Cower Road - from Card Road north to the power lines. 3) Star Stanton Hill Road - from approximately 800 feet west of Dryden- Harford Road west for approximately 3000 feet. 4) Beam Hill Road - from the eastern boundary of tax map #50 -1 -18.2 south to the southern boundary of tax map #60- 1 -6.1. 5) Hammond Hill Road - from the northern boundary of tax map #63 -1 -15.5 south to the northern boundary of tax map #63 -1 -28 (approximate distance of .25 miles). 6) Caswell Road - from West Dryden Road sou tl-i for approximately .6 miles. 2,d Cl Stelick Roll Call Vote Cl Hatfield Yes Cl Stelick Yes Supv Varvayanis Yes Cl Michaels Yes Cl Grantham Yes ATTORNEY Atty Perkins has reviewed the proposed contracts with Egner Associates for building design. He has a few concerns. One is that using the contract form, which includes a contract for contract administration services, mandates the use of another form of construction contract which was not furnished and so he has been unable to review it. He is generally familiar with it however (another AIA contract). The contract for architect services refers to a project to be located adjacent to the existing town hall, but until a site is actually chosen Atty Perkins says it should perhaps refer to a universal design that could be used in any relatively flat location. He suggested the description of architect services should be revised to make it clear what "common use building space" means. Cl Grantham said it should probably reference the needs study and Atty- Perkins said it does refer to the study. He thinks it would be helpful if all the town board members and the building committee were added to the project team since the town board will tdtimately be called upon to review whatever is proposed. The entire Town Board will be listed on the contract.. After further discussion the board authorized the Supervisor to sign the contract subject: to approval by the Town Attorney. RESOLUTION #194 - AUTHORIZE SUPERVISOR TO SIGN AGREEMENTS FOR DESIGN SERVICES Cl Michaels offered the following resolution and asked for its adoption: • Page 20 of 26 TB 10 -09 -02 RESOLVED, that this Town Board does hereby authorize the Supervisor to execute the contract with Egner Architectural Associates for building design services, as amended, and after approval by the Town Attorney. 2«d Cl Grantham Roll Call Vote Cl Hatfield Yes Cl Steliek Yes Supv Varvayanis Yes Cl Michaels Yes Cl Grantham Yes Atty Perkins said he is continuing to receive letters regarding the Finger Lakes Stone Quarry matter and he has not completed reviewing them all. He will do that and make a recommendation to the board as to how to proceed. Zorika Henderson said that Arlene Maters with the DEC is Albany is a mining specialist and said she would be willing to help. Atty Perkins said he is looking at the situation from a number of different perspectives, including a change of use. Ownership of the quarry has changed. Cl Michaels noted that his partner represents Buzz Dolph in some unrelated matters. Supv Varvayanis said that with respect to the sewer negotiations there is roughly $70,000 that is the Town's share for the environmental impact study, fees for Susan Brock, etc. He was assuming it would come out of the SJS funds, but he is not sure the money will be releasers in time and he was planning on loaning from the Town's A fund. If the agreement does come to fruition, it does not benefit the people that are currently in the sewer districts, and he wondered whether it should be a townwide charge or should it still be taken from the sewer districts. The study involves a new system that would take care of the entire region (the Village of Lansing, portions of the Town of Lansing, more areas than are currently allowed is under the current agreement in the Town of Dryden). Atty Perkins said it was a district expense to be allocated among the districts on whatever reasonable basis there is, and the way to get the money back for the other districts at some point is if you use any of their lines for the new services areas. It could not be done townwide. Lisa Stelick invited the Board to the Youth Sports end of season celebration for football (tackle & flag) and cheerleading on October 30 at 6:30 p.m. at the High School, TOWN CLERK No report.. ENGINEERING No report. ZONING OFFICER ZO Slater said that of the two sites to be looked at by Crown Castle, only one had been looked at. I•Ie has discussed it with the Supervisor and Town Attorney, and M Perkins has spoken with Mr Burgdorf of Nixon Peabody, R Burgdorf informed ZO Slater that they had assumed the reasoning for not being able to use one power pole would be true for the other, and they will make that clear. ZO Slater informed the board that the work on Yellow Barn Creek will be completed tomorrow and the contractor has requested that he not have to wait until November to receive payment. His bill is included in the abstract for this meeting and will be taken care of Page 21 of 26 TB 10 -09 -02 Phase 1 of the Virgil Creek restoration has been completed on time under direction of the Highway Superintendent. 40 There will be a site plan review hearing on November 6 for a drive - through coffee shop on Route 13 on the Locke Woods Interiors property. Atty Perkins said he will check with the Tompkins County Clerk's Office with respect to the Moorer subdivision and advise the board of his findings. Cl Grantham said there are houses going up in that area. Atty Perkins said they have valid permits based on what the Zoning Officer saw and what was represented. If another subdivision plat has been filed in addition to what was provided the Zoning Officer, then there is a problem. The Health Department has approved the septic systems as single lots, not part of a subdivision. Atty Perkins said there are three filings, two that go with the lots that received building permits, but the third one ZO Slater has no knowledge of. A budget workshop is scheduled for October 21, 2002 at 7:30 p.m. Budget hearing will be held on November 6, 2002. Supv Varvayanis noted that in January of 2001 the board passed a resolution that the new senior court clerk would receive another $1.00 per hour. That was not done and discovered during the budget: process so that figure will be adjusted in the budget and she will receive a check for the amount that had not been paid to her. RESOLUTION 0195 — INTRODUCE PROPOSED LOCAL LAW C — ESTABLISHING MINIMUM ATTENDANCE REQUIREMENTS FOR MEMBERS OF THE CONSERVATION ADVISORY COUNCIL AND RECREATION COMMISSION AND SET PUBLIC HEARING Cl Steli.rk offered the followiuig resolution and asked for its adoption: RESOLVED, that the following local law is hereby introduced and the public hearing for the same shall be held on November 6, 2002, at 7:15 p.m. SECTION I. PURPOSE, AUTHORITY, By Local Law No. 4 of the year 2000 the Town of Dryden Conservation Advisory Council was created and by I ocal Law No. 1 of the year 2000 the Town of Dryden Recreation Conmlission was created. The purpose of this local law is to provide standards of minimum attendance by members of the Town of Dryden Conservation Advisory Council (herein "CAC ") and the Town of Dryden Recreation Commission (herein "Rec. Commission ")at meetings of the CAC and Rec. Commission, and to provide for a procedure to remove any such members not meeting the minimum attendance requirements. SECTION 2. MINIMUM ATTENDANCE REQUIREMENTS. Members of the CAC and Rec. Commission are eNpocted to attend all regidariv scheduled monthly meetings and all specially scheduled meetings. In the event that a member is absent from three (3) consecutive regularly scheduled monthly meetings, or in the event a member is absent from five (5) meetings within any one (1) calendar year, then such member may be removed from the CAC or Rec. Commission as herein provided. SECTION 3. PROCEDURE. In the event a member of the CAC or Rec. Commission has failed to meet the minimum attendance requirements set forth in Section 2. then upon recommendation from the CAC or Rec. Conunission as the case may be, the Town Board may remove such member as herein provided: (a.) Notice. Such member shall be mailed a wrilten notice specifying the nature of the failure of such member to meet the minimum attendance requirements of Section 2 above. (b_) Public Hearing. Such notice shall specific a date (not less than ten [10] or more than thirty 1301 days from the date of mailing such notice) when the Town Board shall convene and hold a public hearing on whether or not such member should be removed. Such notice shall also specify the time and place of such hearing. Page 22 of 26 TB 10- 094)2 (c) Public Notice, Public notice of such hearing shall be given by posting a notice on the town signboard in the vestibule of the °town Hall vrd by publishing a notice once in the official newspaper, Such posting and publication shall be at least ten (10) days prior to the date of the public hearing, (d.) Conduct of Hearing. The public hearing on the charges shall be conducted before the Town Board The member shall be given an opportunity to present evidence and to call witnesses to refute the charges. A record of such hearing shall be made. The decision of the Town Board shall be reduced to writing together with specific findings of the Town Board with respect to each charge against such member. A copy of such decision and such finding shall be mailed to the member. (e) Action by the Town Board. Following the hearing and upon a finding that such member has not met the minimum attendance requirements required by this local law the Town Board may: (i_) Remove such member from the CAC or Rec. Commission; or (ii.) Issue a written reprimand to such member without removing such member; or (iii,) if the Town Board shall find that the reasons for failing to meet the minimum attendance requirements are excusable because of illness, injury or other good and sufficient cause, the Town Board may elect to take no action, SECTION 4. REMOVAL FOR CAUSE. Nothing contained herein shall be deemed to limit or restrict the Town Board's authority to remove a member from the CAC or Rec. Commission for cause (i.e. for other them the reasons enumerated herein). The procedural provisions of Section 3 (Procedure) shall govern any hearing to remove a member for cause, SECTION 5. LEAVE OF ABSENCE. (a.) The provisions of Section 2 shall not apply to any member who has applied for and been granted a leave of absence by the Town Board from their duties as a member of the CAC or Rec. Commission, The Town Board may grant such leave of absence on such ternis and for such period as it may deem appropriate provided, however, no such leave of absence shall be for a period in excess of eleven (11) months. (b.) The provisions of Section 2 shall not apply to any member who has been granted an excused absence by the Chairperson of the CAC or Rec. Commission, as the case may be. To be a valid request for an excused absence, such request shall be made to the Chairperson of the CAC or Rec. Commission, as the case may be, prior to the meeting Grounds for excused absences shall include illness, vacation, business or employment reasons and personal or family activities. SECTION 6, EFFECTIVE DAVE, APPLiCABIi.ITY, (a.) This local law shall become effective upon filing with the New York Secretary of State. (b) This local law shall apply to all members of the Town of Dryden CAC or Rec. Commission regardless of the date of their appointment. (c) Prospective members of the CAC and Rec, Commission shall be notified of the requirements of this local law prior to their appointment. 2nd Supv Varvayarns Roll Call Vote Cl Hatfield Yes C1 Stelick Yes Supv Varvayanis Yes CI Nliehaels Yes C1 Grantham Yes RESOLUTION #196 — INTRODUCE PROPOSED LOCAL LAW D ESTABLISHING MINIMUM ATENDANCE AND CONTINUING EDUCATION REQUIREMENTS FOR MEMBERS OF THE PLANNING BOARD Cl St.elick offered the following resolution and asked for its adoption: Page 23 of 26 TB 10 -09 -02 RESOLVED, that the following local law is hereby introduced and the public hearing for the same shall be held on November 6, 2002, at 7:20 p.m. 40 SECTION I. PURPOSE, AUTHORITY. The purpose of this local law is to provide standards of minimum attendance by members of the Town of Dryden Planning Board at meetings and hearings of such board and to establish mininuun training and continuing education course requirements for such members. This local law is cnactod wader the authority of Town Law $271 (9)_ SECTION L MINIMUM AT'T'ENDANCE RE Planning Board arc expected to attend all regularly mectingsthearings of the board In the event that regularly scheduled monthly meetings. /hearings, or mectingsllnearings within any one (1) calendar year, provided QU.iREMEN'I'S (Meetings scheduled monthly mectinj a member of the board is in the event it member of then such member may be and Hearings). ivTembers of the ,s/hcarings uid specially scheduled absent from three (3) consecutive the board is absent from five (5) removed from the board as herein SECTION 3. MINIMUM ATTENDANCE REOUIREMENTS (Continuing Education and Training). In the event that a member of the Planning Board does not attend at least one (1) seminar, workshop or continuing education course within two (2) consecutive calendar years in which the Town Board has designated at least twvo (2) seminars; workshops or continuing education courses, then such member may be removed from the board as herein provided. Activities related to puting on such seminars; workshops or continuing education courses, such as speaking at or presenting at the same shall, with the prior approval of the Chairperson of the Planning Board, constitute attendance thereat. SECTION 44 CONTINUING EDUCA'T'ION AND TRAINING. The Chairperson of the Planning Board shall designate in the minutes of the meetings of the Planning Board such seminars, workshops, or continuing education courses which may be offered within a reasonable distance and which nniay be helpful to or of assistance to the Planning Board in carrying out its functions in a timely, fair and lawful manner. The costs of such seminars, workshops or continuing education courses so designated shall be a Town charge if approved by the Town Board prior to such seminar, workshop or contintng education course. Members shall also be reimbursed for travel and meal expenses according to Town policies. SECTION 5. PROCEDURE. In tine event a member of the Planning Board lints failed to meet the minimum attendance requirements set forth in Sections 2 or 3, then upon reconunendation from the Planning Board. the Town Board may remove such member from the Planning Board as herein provided: (a.) Notice. Such member shall be mailed a written notice specifying the nature of the failure of such member to meet the minimum attendance requirements of Sections 2 or 3 above. (b.) Public Hearing. Such notice shall specify a date (not less than ten 1-MI or more than thirty 1301 days from the date of mailing such notice) when the Town Board shall convene and hold a public hearing on whether or not such member should be removed from the Planning Board. Such notice shall also specify the time and place of such hearing. (c.) Public Notice. Public notice of such hearing shall be given by posting a notice on the town signboard in the vestibule of the Town Hall and by publishing a notice once in the official newspaper. Such posting and publication shall be at least test (10) days prior to tine date of the public hearing (d.) Conduct of Hearing The public hearing on the charges shall be conducted before the Town Board The member shalt be given an opportunity to present evidence and to call witnesses to refute the charges. A record of such hearing shall be made. The decision of the Town Board shall be reduced to writing together with specific findings of the Town Board with respect to each charge against such member. A copy of such decision and such finding sli all be mailed to the member. (c) Action by tine Town Board Following the hearing and upon a finding that such member has not met the muumum attendance requirements required by this local law the Town Board may: Remove such member from the Planning Board; or Issue a written reprimand to such member without removing such member from the board: or If the 'Town Board shall find that the reasons for failing to meet the minimum attendance requirements are excusable because of illness, Page 24 of 26 TB 10 -09 -02 injnuy or other ;ood and sufficient cause, the Town Board may elect to take no action. SECTION 6, REMOVAL FOR CAUSE. Nothing contained herein shall be deemed to limit or restrict the Town Board's authori ty to remove a member from the Plaiming Board for cause (i_e. for other than the reasons enumerated herein). The procedural provisions of Section 5 (Procedure) shall govern any hearing to remove a member for cause. SECTION 7. LEAVE OF ABSENCE; EXCUSED ABSENCES. (a.) The provisions of Section 2 shall not apply to any member who has applied for and been granted a leave of absence by the Town Board from their duties as a member of the Planning Board. The Town Board may gnunt such leave of absence on such terms and for such period as it may deem appropriate provided, however; no such leave of absence shall be for a period in excess of eleven (11) months. (b) The provisions of Section 2 shall not apply to any member who has been granted an excused absence by the Chairperson of the Planning Board. To be a valid request for an excused absence, such request shall be made to the Chairperson of the Planning Board prior to the meeting hearing. Grounds for excused absences shall include illness, vacation, business or employment reasons and personal or family activities. SECTION & SUPPRESSION OF TOWN LAW. This local law is adopted pursuant to the provisions of Municipal Home Rule Law $10. It is the intent of the Town Board pursuant to Municipal Home Rule Law 310 to supersede the provisions of Town Law 3271 relating to the appointment of members to Town of Dryden Planting Board SECTION 9. MISCELLANEOUS. (a) This Local Law shall be deemed to supersede and repeal any other local Laws to the extent therein inconsistent herewith. (b.) If any part of this Local Law shall be judicially declared to be invalid, void, unconstitutional or unenforceable, all unaffected provisions hereof shall survive such declaration and this Local Law shall remain in full force and effect as if the invalidated portion had not been enacted. (c.) Nothing herein shall be deemed to be a waiver or restriction upon any rights and powers available to the Town of Dryden to further regulate the subject matter of this local Law. SECTION 10, EFFECTIVE DATE. APPLICABILITY. (a) This local law shall become effective upon filing with the New York Secretary of State. (b.) This local law shall apply to all members of the Town of Dryden Planning &lord regardless of the date of their appointment to such board (c) Prospective members of the Planning Board shall be notified of the requirements of this local law prior to their appointment to such Board 2nd Supv Varvayanis Roll Call Vote Cl Hatfield Yes Cl Stelick Yes Supv Varvayasis Yes Cl Michaels Yes Cl Grantham Yes RESOLUTION 0197 — INTRODUCE PROPOSED LOCAL LAW E WHICH WILL EXPAND THE NUMBER OF MEMBERS OF THE RECREATION COMMISSION FROM SEVEN TO NINE Cl Stelick offered the following resolution and asked for its adoption: RESOLVED, that the following local law is hereby introduced arid: the public hearing for the same shall be held on November 6, 2002, at 7:20 p.m. Page 25 of 26 TB 10 -09 -02 A Local Law amending Local Law No. 1 of the year 2000 which established the Town of Dryden Recreation Commission, to clarify the terms of members and provide for an increase in the number of members. 1. The Town Board enacted Loral Law No. I of the year 2000 establishing the Town of Dryden Recreation Commission. That Local Law was effective February 18, 2000 and provided for a conuuission of seven members. The purpose of this amendment is to clarify the terms of the members and to provide for an increase in the number of members. 2. The introductory paragraph of section 2 of such law is hereby amended to read as follows: "2. There is hereby established the Town of Dr}fden Recreation Conunission to consist of members appointed to serve as herein provided." 3, Subsection (b) of section 2 of such lace is hereby amended to read as follows: "(b) The conunission shall consist of nine (9) members whose terms shall be as follows: 2 members whose terms shall expire December 31, 2002 3 members whose terms shall expire December 31, 2003 3 members whose terms shall expire December 31, 2004 I member who shall be the currently serving Athletic Director or equivalent from Dryden Central School who shall serve as long as he or she is employed at that position." 4, Section 2 of such Local Law is hereby amended by adding thereto new subsection (c) to read as follows: "(c) Following the initial terms of the members first appointed, successive terms of appointment shall be for three (3) years." 5. Nothing contained herein shall be deemed to change the term of any member currently serving as of the effective date of this amendment. 6. This focal Lace, shall take effect following its adoption and as provided in the Municipal Home Rule Law. 2rid Supv Varvayanis 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 meeting was adjourned at 11:55 p.m. Respectfiilly submitted, 1L�i G %Ila%�c -��� Bambi L. I•Iollenbeck Town Clerk Page 26 of 26 t Town cf Uryden Town Board Meeting; 0 October 9, 2002 Name - ;Please Print) Address ep, Tte, sL c:o 0 " C .Ck ri, gasvi v � , Uoizp f i0 r4C. ay a NDoN N }' r g� y" ,