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HomeMy WebLinkAbout2003-07-09T13 7 -9 -[13 TOWN N OF DRYDEN TOWN BDARD MEETIJW ..Tulrg 92 2003 Board Members Present; Supv Mark Varvayar s, Cl Charles Hatfield, C:1 Stephen Stelick, Jr., Cl Christopher Michaels, Cl Deborah Gmnthaim Other Elected Officials= Bambi Holleribeck, To%m Clerk Jack Bush, Hi bway Superintendent Other Town Staff: Mahlon Nrkins, Town Attorney Heruy dater, Zoning Officer David Putnam (rG Millers), Town Engineer PUBLIC HEARING APPLICATION OF MAX BIGSBY, BB FARMS, TO OPERATE A VEGE TA BLE CROPS SALES SI'Z'E AT 1418 DRYDEN ROAD upv Varvayanis opened the public heart -�g at 7905 pm and Town Cleric read the public hearing notice published in The Ithaca Journat Applicant explained that he is proposing to conduct re11ml sales of produce, and flowers from May through October at 1418 ))Tyden load. There is adequate parking space and he would eventually like to have a permanent structure on the site He has a road cut permit from the state and that will be dome when his contractor is ava� able. The §239 l and m review from Tompkins County states there is no detrvnent.l effect to the community. There were no questions from hoazd members or the audience and the hear ig was left open at 7909 p.m, IN THE MAT'T'ER OF THE PROVIDING OF A PROPOSED TWO - STORY OFFICE AND WORD SPACE ADDITION TO THE SOUTHERN CAYUGA LAKE INTERMUNIOIPAL WATER COMMISSION WATER TREATMENT PLANT IN THE VILLAGE OF LANSING, TOMPKINS COUNTY, NEW YORK Supv Varvayanis opened the public hearing at 7:09 pm and Town Cleric read the public hearing notice published in The Ithaca Journal, Paul Tu.nisvn of SCLTWC presented the plans to the board and explained the reasons for the proposed expansion. When the facility was first designed in 1974 it included about a 3,000 square foot office wing, but when the project went ouL to bid, the lowest bid came in a million dollars over budget, so the office space was omined From the plans. Offices were made its space that were nrib Wally designed for treatment practices_ Responaibililtes of the Carr=sssicn have increased over the years, together with the size of the water districts that are served. The number of employees have increased (currently at 19). There is now no space left for more offices_ They are camped and that leads to inefficiency. The current facility is not handicapped accessible and there is one restroom for all employees. An elevator will be installed in the facility. The floor plan was exf lami ed, and Mr. Turnson pointed out which areas wt�re to be used for what purposes (administration, public restrooms, conference room, capital seances area for mapping, office space for distribution department, break room for employees, two manager offices, expansion of laboratory, micrvbiolo LCal laboratory, archive room, locker room, treatment operation expansion, electrica) s mechanical repair shop). The total estimated maximum east is approximately _3 million dollars, They will bond one million dollars through joint municipal bonds shared by the five municipalities. The remauurig 1 _� million d�allars �tiill coarse fmm the cornrrlission'a unreserved fluid balance, They anticipale paying back the bond initially will rau the water rate six to seven percent (approximately 130 per thousand gallons). In 1993 the Commission raised the rate up to 62.50 Page l of 26 li I 0 TB 7-9 03 per thouscmd gallons for -Gbe purpose of having funding for various capital projects. Some years after that it was raised to $2.55 per thousand gallons and in 1999 the ommisz�ion began lowering the rate because A was not proceeding with the anticipated capital projects_ Now that the Town of Ithaca is going to extend the commission's lransmis :-ion line from South I3il.l mf:o Inlet Valley and over to West 71ill and BiAl:on Paint Water supplies those areas, the revenue generated from those sales will more than offset the Impnents on the bond. There may be no effect on the water rage at all bccausc of this capital project, upv Varvayanir> left the public hearing open at 7:20 p. in, PUBLIC HEARING SITE PLAN REVIEW MODIFI ATION APPLICA`T`ION OF WILCOX PRESS, 17 HALL ROAD upv Varvayanis opwiud the public hearing at 7:20 p.m. and Town Clerk read the public hearing notice published iri The Ithetcrz Juumal. Representatives from Wilcox Press explained that they waned 110 amend their site plan to include a 16' x 30' pavilion to be used for company functions and an employee break area during gcx)d 9weather. The §259 1 & m review by Tompkins County shows no detrimental community effects, 'There were no questions from the audience or board members and the heaa ing was left open at 7:24 pm, Supv VarvayaTuis closed the public hearings on 13 &'S Farms and Southern Cayuga Lake lnleTmunicipal dater Commissiori Kt 7:24 p.vz. PUBLIC HEARING JCONTINUATION j APPLICATION OF CROWN ATLANTIC COMPANY 01B 10 ITSELF AND INDEPENDENT WIRELESS ONE CORPORATION FOR A SPECIAL PERMIT AND SITE PLAN REVIEW TO CONSTRUCT A' I`ELEMMMUNICATION TOWER AND ASSOCIATED IMPROVEMENTS AT 1875 DRYDEN ROAD 4 Robert Burgdorf, Esq. of Nixon Peabody appeared for Crown Castle arkd Wireless One (refeued to collectively as "the telephone company "). He introduced Russ Archer of Independent Wireless One Mr Burgdorf said that ��?u Town is aware that the telephone coinpany needs to place a tran5mitling facility in a technoloj&ally appropriate location in order to serve this area. An application was made fora 120' -monopole behiiacl thy. NYSECt industrial complex it late 2001. A series of meetings and negotialions culminated in a Tou*n board w"ting on November 6, 2002, vffhm alternate location and type was tentatively agreed upon between t:he applicant and the TGmm- The new concept is axe 80' pole nestled in thu power lines irn a. location directed by ehe Town at the November 6 matting and shown an site plans that were submitted recently_ Numerous items were required by the Town's consultant and supplied by the applicant. The applicant believes they have supplied everything the Town has asked for except for three items vw *hich are delayed but will be forthcoming. One is the RF report which needs to be signed by grofcsslonal engineer. The lease has not been fully executed and they cannot build untes% and until they have land control. The third thing is proof of compliance. That was done for the pr.. 0.nal site and entails some bureaucratic delays. They understand those things need to be supplied and they will supply those to the satisfaction of the Tc &mL Richard Corm, the T`own's consultant in the matter, said tYiat i,lh respect to the emisisans report his engineer has said that except for the siriature it meues all rccluiremenl:s. He al so said that when the pemit is issued there are four other conditions to apply and those are in his July 7 letter. The applicant %will need to supply a removal bored so when the facility is no longer utilized there will be funds to remove it; the recommended amount is $75,90() . Prior to the issuance of a'buil ding permit the consultant vault do a complete stn�ctural analysis. There mast be documentation of insurance coverage nwmng the Towm and it's officials as Pafc2of26 TB 7 -9-03 additional insureds. Prior to issuance of the building permit the applicant must pay any and ® all moneys owed to the Town. There were no comments or questions from board members or the audience and the hearing was left open at 7:28 p.m. Supv Varvayanis said that he would like to leave the hearing open until next month. R Burgdorf said he would like confirmation that the only outstanding issues were those that were just. discussed and there was nothing else necessary. He asked for confirmation that once the hearing was held again with notice to neighbors and receipt of the §239 1 & m review and the conditions discussed a permit would be issued, and that there would be no new requests. Atty Perkins said they could not guarantee a course of action based on the results of a public hearing. Supv Varvayanis said that at this point the board had no questions, and he would make sure that if Cl Michaels had any questions that he would get them to the applicant as soon as possible. Supv Varvayanis said the hearing would be continued until August 6 at 7:15 p.m. PUBLIC HEARING IN THE MATTER OF THE PROPOSED PHOSPHORUS REMOVAL PROJECT FOR THE SEWAGE TREATMENT PLANT IN THE CITY OF ITHACA SERVING THE TOWN OF DRYDEN TO BE KNOWN AS THE JOINT SEWAGE TREATMENT PLANT PHOSPHORUS REMOVAL IMPROVEMENT PROJECT PURSUANT TO TOWN LAW §202 -B Supv Varvayanis opened the public hearing and Town Clerk read the public hearing notice published in The Ithaca Journal. Atty Perkins said that last month the SEQR form for the project: was distributed to board members and board members are familiar with the project. The board needs to review the SF QR form and make a determination before it: adopts the Public Interest Order. The Public Interest Order is required in order to authorize the approval of the Town's participation in the project and the payment from surplus funds that the Town has for its respective sewer districts. A second resolution will be necessary to authorize the City of Ithaca to go ahead and bid the project. Atty Perkins said he believes the time has passed for the Town of Ithaca's permissive referendum. No bond resolution is necessary because the Town has determined to pay it's share of the maximum estimated cost out of surplus funds. There were no questions or comments from the audience or board members and the public hearing on this matter and the Wilcox Press matter was closed at 7:35 p.m. Supv Varvayanis opened the Town Board meeting and board members and audience participated in the Pledge of Allegiance. The Board reviewed the short: form environmental assessment form for the BB Farms application. RESOLUTION # 102 - NEG SEQR DEC - BB FARMS Cl Grantham offered the following resolution and asked for its adoption: RESOLVED, that this Town Board does hereby issue a negative declaration based on the SEQR review. 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 Page 3 of 26 1187-9-03 Cl Stelick Yes Supv Varvayanis Yes Cl Grantham Yes RESOLUTION # 103 - SITE PLAN APPROVAL - BB FARMS Cl Grantham offered the following resolution and asked for its adoption: RESOLVED, that this To %vn Board hereby approves the site plan review application of BB Farms, Max Bigsby, to operate a fruit and vegetable sales site at 1418 Dryden Road, subject to the Standard Conditions of Approval (7/12/2000), excepting #7. 2nd Cl Stelick Roll Call. Vote Cl Hatfield Yes C1 Stelick Yes Supv Varvayanis Yes Cl Grantham Yes With respect to the Bolton Point plant expansion, the Board reviewed the environmental assessment form for the project. RESOLUTION # 104 - NEG SEQR DEC - SCLIWC PLANT EXPANSION Cl Grantham offered the following resolution and asked for its adoption: RESOLVED, that this Town Board does hereby issue a negative declaration based on the SEQR review. This is an unlisted action and the Town of Dryden is the lead agency in 0 uncoordinated review. The Supervisor is authorized to sign all necessary documents. 211d Cl Hatfield Roll Call Vote Cl Hatfield Yes Cl Stelick Yes Supv Varvayanis Yes Cl Grantham Yes Atty Perkins explained the Town's share of the obligations to be issued was $44,550 based on current water usage and the rest of the expenses %vill be paid out of unreserved funds that the commission already has. In addition to the public interest order and bond resolution there is an agreement which amends the agreement of municipal cooperation. This specifically authorizes the project. The bond resolution is subject to a 30 day permissive referendum. RESOLUTION #105 - PUBLIC INTEREST ORDER AND BOND RESOLUTION AUTHORIZING THE EXPANSION AND RENOVATION OF THE SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER TREATMENT PLANT, AUTHORIZING THE EXPENDITURE OF FUNDS FOR SUCH PURPOSE, AUTHORIZING THE ISSUANCE AND SALE OF JOINT AND SEVERAL SERIAL BONDS FOR A PORTION OF THE COSTS OF SUCH PROJECT AND AUTHORIZING EXECUTION OF AN AMENDMENT TO THE AGREEMENT OF MUNICIPAL COOPERATION GOVERNING SUCH TREATMENT PLANT. Cl Grantham offered the following resolution and asked for its adoption: is Page 4 of 26 TB 7 -9 -03 ® WHEREAS, the Town Board of the Town of Dryden, in conjunction with the Towns of Ithaca and Lansing and the Villages of Cayuga Heights and Lansing, has determined and agreed to participate in the expansion and renovation of the Southern Cayuga Lake Intermunicipal Water Commission ( "SCLIWC ") water treatment plant and to contract indebtedness therefor in accordance with Section 15 of the Local Finance Law pursuant to a Supplement to Agreement of Municipal cooperation for Construction, Financing and Operation of an Intermunicipal Water Supply and Transmission System Relating to 2003 Plant Expansion Project dated as of July 7, 2003 (the "Intermunicipal Agreement Supplement "); and WHEREAS, a plan, report and map has been duly prepared in such manner and in such detail as this Board determines to be necessary, relating to the construction and equipping of a two -story office and work space addition to the SCLIWC water treatment plant, pursuant to Article 5 -G of the General Municipal Law and relevant provisions of the Town Law and Village Law, such project to be known and identified as the SCLIWC 2003 Plant Expansion Improvement, and hereinafter also referred to as "Improvement ", to provide expanded space in the water treatment plant owned in common by the Towns of Dryden, Ithaca and Lansing and the Villages of Cayuga Heights and Lansing (collectively the "Municipalities" and sometimes individually the "Municipality "), such improvement to be constructed and owned by the Municipalities; and WHEREAS, said plan, report and map have been prepared by Hunt Engineers, Architects & Land Surveyors, P.C., competent engineers duly licensed by the State of New York and have been filed in the office of the Town Clerk where they are available for public inspection; and WHEREAS, the area of said Town determined to be benefitted by said SCLIWC 2003 Plant Expansion Improvement consists of areas of the various water districts in the Town; and WHEREAS, the proposed SCLIWC 2003 Plant Expansion Improvement consists of the improvements set forth below, and as more particularly shown and described in said map, plan and report presently on file in the Office of the Municipality Clerk; and WHEREAS, the maximum proposed to be expended for the aforesaid improvement. is $2,310,835.00; and WHEREAS, the proposed method of financing to be employed for the aforesaid improvement is issuance by the Municipalities of joint and several serial bonds not to exceed $1,000,000 and payment of the balance of the costs of said improvement by the expenditure of current revenues and surplus funds held by SCLIWC; and WHEREAS, a public hearing for the purpose of considering said plan, report and map, the providing of said SCLIWC 2003 Plant Expansion Improvement, the authorization of serial bonds for payment of part of the costs of the Improvement, the expenditure of current revenues and surplus funds for the balance of the costs of the Improvement, and the amendment of the existing Agreement of Intermunicipal Cooperation between the Municipalities in relation to such OImprovement was held on the 9th day of July, 2003, all in accordance with applicable provisions Page 5 of 26 TB 7 -9 -03 of General Municipal Law, Local Finance Law, and Town Law, at which time all persons interested in the subject. thereof were given an opportunity to be heard; and 0 WHEREAS, the project hereinafter described has been determined to be an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, it has been determined will not result in any significant environmental effects; and WHEREAS, all other actions precedent to the financing of the capital project hereinafter described have been performed; and WHEREAS, it is now desired to authorize the SCLIWC 2003 Plant Expansion Improvement, the execution of the Intermunicipal Agreement Supplement, and the financing of such capital project; NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Dryden, if the within resolution in substantially the same form is adopted, approved and made effective by the other member municipalities of SCLTWC to the extent applicable to such municipalities, as follows: Section 1. The Town of Dryden hereby authorizes the SCLIWC 2003 Plant Expansion Project, consisting of construction of a 7616 square foot, two story office and work space addition on the east end of the SCLIWC water treatment facility at 1402 East Shore Drive in the Village of Lansing and renovation of 4332 square feet of existing is office space to provide increased ogee space for SCLIWC's Administration and Distribution personnel, workshops for SCLN1'C's electrical and mechanical technicians and production department personnel, handicapped accessibility, an archive room for long term storage of SCLIWC's files and documents, an expansion of the facilities laboratory to meet increased water quality monitoring requirements, and additional fire suppression systems in the new and renovated areas of the facility; upgrading the HVAC systems to bring them into compliance with current building codes; upgrading the north entrance to the facility; and adding four additional parking spaces to accommodate the public, all of said actions being authorized pursuant to Articles 12, 12 -A, and/or 12 -C of the Town Law and Article 5 -G of the General Municipal Law. Section 2. The Town of Dryden hereby finds such and authorizes the Supervisor, on behalf of the Town, Agreement Supplement pursuant to which the Town authi .Expansion Project, delegates to SCLIWC the authority to :Project, and agrees to the manner of financing the same as project is in the public interest to execute the Internwnicipal )rites the SCLIWC 2003 Plant contract for and construct said set forth herein. Section 3. The Town of Dryden, subject to the approval of the voters of the Town of Dryden if a referendum is requested, hereby authorizes the expenditure of up to $2,310,835.00 for the SCLIWC 2003 Plant Expansion Project and the payment of all costs incident thereto, including architects fees, consulting fees, attorneys fees, bidding • Page 6 of 26 TB 7 -9 -03 41 costs and any other related costs, all of said actions being hereinafter collectively referred to as the "Project." Section 4. There are authorized to be issued in connection with the Project, $1,000,000 joint serial bonds of the Village of Cayuga Heights, Village of Lansing, Town of Dryden, Town of Ithaca, and Town of Lansing, all of Tompkins County, New York, pursuant to the provisions of Section 1 of Article V1II of the Constitution of the State of New York as amended and Title I A of the Local Finance .Law. Section 5. $2,310,835.00 is estimated as the maximum cost for Project, and the plan for the financing of the Project, which plan is hereby authorized, consists of (a) The issuance of not more than $1,000,000 joint and several serial bonds as aforesaid, the amount of which is initially estimated to be allocated and apportioned to each of the municipalities is set forth below; and (b) Payment from the unreserved fund balance of SCLIWC of the balance of the remaining costs of such SCLIWC 2003 Plant Expansion Project, Section 6. For the purposes of Section 15.10 of the Local Finance :Law relating to the allocation of joint indebted ness, the amount of joint indebtedness to be apportioned and allocated to each of said Towns and Villages shall be in the same ® proportion as the consumption of water from the SCLIWC facility in each of the 7 °owns of Dryden, Ithaca, and Lansing and the Villages of Cayuga Heights and Lansing shall bear to the total consumption of water from the SCLTWC water distribution facility, which is estimated to be, and for the purposes of determining gross indebtedness of each of said municipalities in their respective debt statements pursuant to Section 15.10 of the Local Finance Law and therefore the amount to be allocated for the purpose of ascertaining each of the municipalities debt contracting powers, shall be as follows: MUNICIPALITY PERCENTAGE OF DEBT ALLOCATED PORTION OF DEBT `town of Dryden 4.455 $ 443550.00 Town of Ithaca 46.185 $4612850.00 Town of Lansing 17.322 $1.737220.00 Village of Lansing 20.324 $2031240.00 Village of Cayuga Heights 11,714 $1.177140.00 Nothing in this section shall be deemed to be in conflict with or to supercede the provisions of this resolution hereinafter set forth relating to the annual apportionment of ® the amount of principal and interest on the bonds herein authorized to be issued as among Page 7 of 26 TB 7 -9 -03 said Towns and said Villages, nor the manner of collection and payment of the amounts of annual debt serviced provided to be apportioned annually by said provisions. The Supervisors of said Towns and the Treasurers of said Villages are hereby authorized and directed to act jointly to make application to the State Comptroller as appropriate for the allocation and apportionment of said joint indebtedness in accordance with the provisions of this section and to perform all acts and furnish all information required in connection with such application, Section 7. It is hereby determined that the period of probable usefulness of the aforesaid specific objects or purposes is 40 years, pursuant to Subdivision 1. of Paragraph a of Section 11.00 of the Local Finance Law, It is further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 8. The full faith and credit of said Town of Dryden, said Town of Ithaca, said Town of Lansing, said Village of Cayuga Heights, and said Village of Lansing, all of Tompkins County, New York, are hereby jointly pledged for the payment of the principal of and interest on said bonds as the same respectively become due and payable. The principal of and interest on said joint bonds shall be apportioned annually among said Towns and said Villages in accordance with the Intermunicipal Agreement Supplement hereinabove referred to, in the ratio which the consumption of water from the SCLIWC system in each of said municipalities bears to the full consumption from the entire SCLIWC water distribution system, such ratio to be annually determined in accordance with the aforesaid lntermunicipal Agreement Supplement, the share of said principal and interest. to be borne by the aforesaid Towns, shall be annually assessed, levied and is collected within said Towns as follows: (a) From the several lots and parcels of land in each of the water districts in the Town of Dryden and in the Town of Lansing, in the manner provided by law in accordance with the benefit conferred on such parcels and lots by such Improvement. (b) From the several lots and parcels in the Town of Ithaca Town -wide water improvement area, in the manner provided by law in accordance with the benefit conferred on such parcels and lots by such Improvement. The Village of Cayuga Heights shall annually levy and collect a tax sufficient to pay the share of said principal and interest to be borne by said Village, as the same may become due and payable, and the Village of Lansing shall annually levy and collect a tax sufficient to pay the share of said principal and interest to be borne by said Village, as the same may become due and payable. If not paid from the aforesaid sources, all the taxable real property in said Town of Dryden, and all the taxable real property in said Town of ,Ithaca, and all the taxable real property in said Town of Lansing and all the taxable real property in said Village of Cayuga Heights, and all the taxable real property in said Village of Lansing shall be jointly subject to the levy of an ad valorem tax, without limitation as to the rate or Page 8 of 26 TB 7 -9-03 ® amount, sufficient to pay the principal of and interest on said bonds as the same become due and payable. Section 9. Subject to the provisions of the Local Finance Law and this section, the power to authorize the issuance of and to sell joint bond anticipation notes in anticipation of the issuance and sale of the joint serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor of the Town of Ithaca, the Chief Fiscal Officer of said Town, acting on behalf of the chief fiscal officers of the Towns of Dryden and Lansing and the Villages of Cayuga Heights and Lansing. Such joint bond anticipation notes shall be of such terms, form and contents, and shall be sold in such manner as may be prescribed by a bond anticipation note certificate, as authorized by Section 30.00 of the Local Finance Law; provided, however, that any bond anticipation notes so issued shall be the joint indebtedness of said Towns and said Villages and shall be executed in the names of Town of Dryden, the 'Town of Ithaca, the Town of Lansing, the Village of Cayuga .Heights and the Village of Lansing, and shall be signed by the Supervisor of the Town of Dryden on behalf of said Town and shall have affixed thereto the seal of the Town of Dryden, attested by the Town Clerk of said Town, shall be signed by the Supervisor of the Town of Ithaca on behalf of said Town and shall have affixed thereto the seal of the Town of Ithaca attested by the Town Clerk of said Town said Supervisor, shall be signed by the Supervisor of the Town of Lansing on behalf of said Town and shall have affixed thereto the seal of the Town of Lansing, attested by the Town Clerk of said Town, shall be signed by the Treasurer of the Village of Cayuga Heights on behalf of said Village and shall have affixed thereto the seal of the Village of Cayuga heights, attested by the Village Clerk of said Village, and shall be signed by the Treasurer of the Village of Lansing on behalf of said Village and shall have affixed thereto the seal of the Village of Lansing, attested by the Village Clerk of said Village. The chief fiscal officer of the Town of Ithaca to whom is hereby delegated the power to authorize the issuance of and to sell such joint bond anticipation notes, shall file an executed copy of each such bond anticipation note certificate with the finance board of each of the aforesaid municipalities prior to the issuance of the bond anticipation note or notes authorized by such certificate. Section 1.0. The validity of such joint serial bonds and joint bond anticipation notes may be contested only if 1. Such joint bonds are authorized for an object or purchase for which said Towns or said Villages are not authorized to expend money, or 2. The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within 20 days after the date of publication, or Page 9 of 26 TB 7 -9 -03 3. Such joint bonds are authorized in violation of the provision of the Constitution. 0 Section 11. Upon the adoption of this resolution by each of the aforesaid Towns and the aforesaid Villages, and the publication thereof with the notice provided for herein, the Clerks of each such Town and each such Village shall file with the Clerk of each of the other Towns and of the Villages, a certified copy of this resolution and a printer's affidavit or affidavits , as the case may be, of publication thereof with the required noticed or notices, as the case may be. Section 12. Pursuant to Section 15.00 (m) of the Local Finance Law, the powers and duties of advertising such joint bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor of the 7 °own of Ithaca, Tompkins County, New York, who on her own behalf and on behalf of the chief fiscal officers of the Towns of Dryden and Lansing and the Villages of Cayuga Heights and Lansing, shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as she shall deem best for the interests of the aforesaid Towns and Villages, provided, however, that in the exercise of these delegated powers, she shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of said Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 13. All other matters, except as provided herein relating to such joint bonds, including determining whether to issue such joint serial bonds having substantially level or declining debt service and all matters related thereto, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds, the date, denominations, maturities and interest payment dates, place or places of payment, shall be determined by said Supervisor on behalf of the chief fiscal officers of the Towns of Dryden, Ithaca, and Lansing, and the Villages of Cayuga Heights and Lansing. -It is hereby determined that it is to the financial advantage of the issuers not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by Section 52.00 of the Local Finance Law, as the Town Supervisor shall determine. Said bonds shall be signed in the name of each Town and Village by the manual signature of each respective chief fiscal officer and a facsimile or original of the corporate seal of each Town and Village shall be imprinted thereon and shall be attested by the manual signatures of each respective Town or Village Clerk. Section 14, Pursuant to Local Finance Law Section 15, the Supervisor of the Town of Ithaca is designated as the chief fiscal officer to maintain the records relating to • Page 10 of 26 TB 7-9-03 ® the joint bonds, the paying agent on the bonds, and the registration agent if she does not appoint such an agent pursuant to the authority granted elsewhere in this resolution. Section 15. Any obligation issued under authority of this resolution shall contain on it's face a recital in substantially the following form; "This obligation evidences the joint indebtedness of the Town of Ithaca, Tompkins County, New York, the Town of :Dryden, Tompkins County, New York, the Town of Lansing, Tompkins County, New York, the Village of Cayuga Heights, Tompkins County, New York, and the Village of Lansing, Tompkins County, New York." Section 16. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 -1. tither than as specified in this resolution, no moneys are, or are reasonably expected to be, reserved, allocated on a long -term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 17. SCLIWC is hereby authorized to pay, out of unreserved surplus, the costs of the SCLIWC 2003 Plant Expansion Project in excess of the bond proceeds authorized by this resolution, provided, however, the maximum cost of said project does not exceed the maximum authorized in this resolution. Section 18. Within 10 days after the adoption of this resolution by the Town Board, the Town Clerk shall, as set forth in Section 90 of the Town Law, post and publish ® a notice which shall set forth the date of the adoption of this resolution and contain a copy of this resolution, or an abstract of this resolution concisely stating the purpose and effect thereof. Such notice shall specify that such resolution was adopted subject to a permissive referendum. Section 19, If no referendum is requested, or if' requested, a referendum is held and the referendum approves the resolution, this resolution, or a summary thereof, shall be published by the Town Clerk of the Town of Dryden, together with a notice in substantially the form prescribed, and containing the information required, by Section 81.00 of said Local Finance Law, such publication to be in the Ithaca Journal, a newspaper published in the City of Ithaca and having a general circulation within such Town. Section 20. This resolution shall take effect immediately, unless a referendum is requested, in which event it shall take effect, if approved at such referendum, upon such approval. Section 21. This resolution is adopted subject to a permissive referendum pursuant to Town Law Article 12, 12 -A and /or Article 12 -C, and Local Finance Law Sections 35. 211d Cl Hatfield is Roll Call Vote Cl Hatfield Yes Page I 1 of 26 TB 7 -9-(13 Cl Stelick I Yes Supv Varvayanis Yes is Cl Grantham Yes RESOLUTION #106 - APPROVE SCLIWC AMENDMENT Cl Grantham offered the following resolution and asked for its adoption: RESOLVED, that this Town board does hereby approve the agreement to amend the agreement of municipal cooperation for SCLMIC and the Supervisor is hereby authorized to execute the same. 2nd C1 Stelick Roll Call Vote C1 Hatfield Yes Cl Stelick Yes Supv Varvayanis Yes Cl Grantham Yes Board members and Supv Varvayanis executed the Amendment to the Agreement of Municipal Cooperation. The board reviewed the environmental assessment for the Wilcox Press site plan amendment. RESOLUTION #107 - NEG SEQR DEC - WILCOX PRESS C1 Grantham offered the following resolution and asked for its adoption: RESOLVED, that this Tourn Board does hereby issue a negative declaration based on the SEAR review for the application of Wilcox Press for a site plan amendment to construct a pavilion at 17 Hall Woods Road. This is an tuilisted. action and the Town of Dryden is the lead agency in uncoordinated review. The Supervisor is authorized to sign all necessary documents. 211d Cl Hatfield Roll Call Vote Cl Hatfield Yes C1 Stelick Yes Supv Varvayanis Yes Cl Michaels Yes Cl Grantham Yes RESOLUTION # 108 - APPROVE WILCOX PRESS SITE PLAN AMENDMENT Cl Grantham offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the application for site plan amendment of Wilcox Press to construct: a pavilion at 17 Hall Woods Road, subject to the Standard Conditions of Approval (7- 12 -00), except #7. 2«d Cl Michaels Roll Call Vote Cl Hatfield Yes Cl Stelick Yes • Supt/ Varvayanis Yes Page 12 of 26 r.I B 7 -9 -03 ® Cl Michaels Yes Cl Grantham Yes The Board reviewed the long environmental assessment form as prepared by the Town of Ithaca for the phosphorus removal project. RESOLUTION # 109 - NEG SEQR DEC - PHOSPHORUS REMOVAL PROJECT Cl Grantham offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby issues a negative declaration based on review of the long environmental assessment form prepared in the matter of the Joint Sewage Treatment Plant Phosphorus Removal Improvement Project. This is an unlisted action and the Town of Dryden is lead agency in uncoordinated review. The Supervisor is authorized to sign all necessary documents. 2nd Cl Hatfield Roll Call Vote Cl Hatfield Yes Cl Stelick Yes Supv Varvayanis Yes Cl Michaels Yes Cl Grantham Yes RESOLUTION #110 - PUBLIC INTEREST ORDER IN THE MATTER OF THE PROPOSED ® PHOSPHORUS REMOVAL PROJECT FOR THE SEWAGE TREATMENT PLANT IN THE CITY OF ITHACA SERVING THE TOWN OF DRYDEN TO BE KNOWN AS THE JOINT SEWAGE TREATMENT PLANT PHOSPHORUS REMMOVAL IMPROVEMENT PROJECT PURSUANT TO TOWN LAW §202 -b WHEREAS, a plan, report and map has been duly prepared in such mariner and in such detail as heretofore has been determined by the Town Board of the Town of Dryden, Tompkins Cowity, New York, relating to the construction, pursuant to Town Law § 202 -b of sewer system improvements to be known and identified as the Joint Sewage Treatment Plant Phosphorus Removal Improvement Project, and hereinafter also referred to as "improvement ", to provide such sewer improvement, to the present sewage treatment plant in the City of Ithaca managed jointly with the Towns of Ithaca and Dryden providing sewage treatment services for die Town of Dryden sewer districts served by such sewage treatment plant, such sewer system improvement to be constructed and owned by the Town of Ithaca, the Town of Dryden, and the City of Ithaca; and WHEREAS, said plan, report and map have been prepared by Stearns and Wilder, Professional Engineers, competent engineers duly licensed by the State of New York and have been filed in the office of the Town Clerk cohere they are available for public inspection; and WREREAS, the area of said 'town determined to be benefitted by said Joint Sewage Treatment Plant Phosphorus Removal Improvement Project consists of the entire area of said Town sewer districts served by the sewage treatment plant in die City of Ithaca; and WHEREAS-. the proposed Joint Sewage Treatment Plant Phosphorus Removal Improvement Project consists of the server improvements set forth below, as more particularly shown and described in said map, plan and report presently on file in the office of the Town Clerk: Construction and inslallat.ion of a tertiary high rate settling process and associated reinforced concrete structure on piles at the end of the current process stream, adjacent to the final effluent ® channel at the jointly operated sewage treatment plant located at 525 Third Street, Ithaca, New York, together with associated controls, piping, and other structures; Page 13 of 26 TB 7-9-03 and 0 WHEREAS, the maximum amount proposed to be expended for the aforesaid improvement is $4,1 15,000 of which the Town of Dryden's share is not to exceed $81,477.00. 'l`he proposed method of financing to be employed by said Town of Dryden consists of payment of said Town's share out of surplus funds and current revenues in the Town of Dryden Sewer Districts; and WHEREAS, the implementation of this project will be through a joint agreement with the City of Ithaca and the Town of Ithaca; and WHEREAS, the Town Board of the Town of Dryden duly adopted an order on June l 1, 2003, calling a public hearing upon said plan, report and map including an estimate of cost and the question of providing of said Joint Sewage Treatment Plant Phosphonus Removal Improvement Project, and the question of executing any related agreement, and to hear all persons interested in the subject thereof all in accordance with the provisions of Town Law § 202=b and applicable provisions of the General Municipal Law and Local Finance Law; and WHEREAS, notice of said public hearing was duly posted and published as required by law, and WHEREAS, said public hearing was duly held at the place and at the time aforesaid and all persons interested m the subject thereof were heard concerting the same; and MaIEREAS, the construction of the proposed project has been determined to be an "Unlisted Action" pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act; the implementation of which as proposed, the Town Board has determined, with not result in any significant environmental effects; and WHEREAS, it is now desired to authorize the improvement to be known as the Joint Sew"agc Treatment Plant Phosphorus Removal Improvement Project: 0 NOW, THEREFORE, BE IT RESOLVED, by the `town Board of the Town of On? Tompkins Tompkins County, New York as follows: Section 1. It is liereby determined that it is in the public interest to nnike the sewer improvement hereinafter described and such sewer improvement is hereby authorized The proposed area hereby determined to be bencfitted by said Joint Sewage 'Treatment Plant Phosphorus Removal Improvement Project is all of the Town of Dryden sewer districts served by the jointly owned sewage treatment plant in the City oflthaca. Section 2. The proposed improvement shall consist of constnuction and installation of a tertiary high rate settling process and associated reinforced concrete structure on piles at the end of the current process stream, adjacent to the final effluent channel at the sewage treatment plant located al 525 Third Street, lthaca; New York, opceated jointly for the benefit of the City of Ithaca and the 'fowiis of Ithaca and Dryden, together with associated controls, piping, and other structures. Section 3. The Town of Dryden hereby authorizes the expenditure of up to $81,477.00 as the Town's share of the jointly funded project cost of S4,115,000.00 for the construction, installation, and equipping of such prcjeel. and the payment of all costs incident thereto, including architects fees, consulting foes, attorneys fees, bidding costs and any other related costs, all of said actions being hereinafter collectively referred to as the "Project" and all of such actions being authorized pursuant to Town Law §202 -b4 Section 4. $41115;000 is estimated as the maximum cost for Project and $81,477.00 is estimated as the maximum amount of the Town's share of the cost of the Project. is Page 14 of 26 TB 7 -9 -03 Spction 5. The plan for the financing of the Town's share of the costs of the Project consists of payment from surplus funds of the To%vn of Dryden smver districts served by the jointly owned sewage treatment plant in the City of Ithaca to pay for the costs of such renovation, expansion, construction and equipping costs. Section 6. This resolution shall take effect immediately. 2nd Cl Michaels Roll Call Vote C1 Hatfield Yes Cl Stelick Yes Supv Varvayanis Yes Cl Michaels Yes Cl Grantham Yes RESOLUTION #I I I - CONSENTING TO THE BIDDING FOR THE JOINT SEWAGE TREATMENT PLANT PHOSPHORUS REMOVAL PROJECT Cl Grantham offered the following resolution and asked for its adoption: WHEREAS, plans, specifications and bid documents are in the process of being prepared relating to the construction of phosphorus removal process at the sewage treatment plant operated for the joint benefit of the City of Ithaca and the Towns of Ithaca and Dryden at 525 Third Street, Ithaca, New York, which project is identified as the Joint Sewage Treatment Plant Phosphorus Removal Project (hereinafter also referred to as "improvement") by Stearns and Wheler, Professional Engineers, competent engineers duly licensed by the State of New York which plans, specifications and related documents are filed in the office of the Town Clerk where they will be available for public inspection, and WHEREAS, the Town Board has, by public interest order adopted July 9, 2003, authorized the construction of such improvement; and WHEREAS, the Town would like to have the improvement constructed during this (the 2003) building season because of the severe need to reduce phosphorus emissions into Cayuga Labe as soon as possible; and WHEREAS, the City of Ithaca will be the entity actually soliciting bids for the project and handling the award of contracts for same, with the advice and approval of the Special Joint Sewer Committee on which the Town has representation; and NOW, THEREFORE, be it RESOLVED, that the Town consents to the City of Ithaca commencing the solicitation of bids for the Joint Sewage Treatment Plant Phosphorus Removal Project. 2nd Cl Stelick Roll Call Vote Cl Hatfield Yes Cl Stelick Yes Supv Varvayanis Yes Cl Michaels Yes Cl Granthham Yes 13aage 15 of 26 T8 7 -9-03 Charles Franzese of Hunt Engineers spoke to the board regarding the proposed agreement between Hunt Engineers and the Town for services in connection with the proposed Cortland Road Water District and Cortland Road Sewer District. A schedule of events to occur under the contract was given to the board. A start: date of July 31 was established with a meeting scheduled for that day at 11:00 at the Town Hall. They expect to complete the study by mid- October. USGS quad sheets will be used to help identify physical features. No petition for referendum was received in the matter. RESOLUTION # 112 - AUTHORIZE CONTRACT WITH HUNT ENGINEERS Cl Michaels offerers the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the contract N&ith Hunt Engineers to conduct a study in connection with the proposed Cortland Road Water District and Cortland (toad Sewer District, and authorizes the Supervisor to sign the same, subject to approval by the Town Attorney. 2n,J Cl Stelick Roll Call Vote Cl Hatfield Yes Cl Stelick Yes Supv Varvayanis Yes Cl Michaels Yes Cl Grantham Yes Cl Stelick asked about a voucher for a floating classroom and Cl Grantham explained that was for the Cayuga Lake Watershed and was paid from their funds. She noted that use of that was something that was included in the Stormwater Notice of Intent: and provisions should be made in the budget for it this Fall. RESOLUTION #113 - APPROVE ABSTRACT #107 Cl Stelick offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves Abstract # 107, as audited, vouchers #481 through #559, totaling $220,727.49. 211d Cl Grantham Roll Call Vote C1 Hatfield Yes Cl Stelick Yes Supv Varvayanis Yes Cl Michaels Yes Cl Grantham Yes RECREATION DEPARTMENT Jennifer Glaab introduced Howie Frisco, who had participated in and won the local Pepsi Pitch, Hit: and Run. He then progressed placing first in Horseheads and went on to the team championships in Yankee Stadium and placed first in the 9 -10 age group. He was presented with a congratulations certificate from the Town. Page 16 of 26 TS 7 -9 -03 The "Music in the Park" events have gone well. Attendance at the Mark Rust concert was about 150, and about 200 Bill & Maggie Anderson's concert. There will be two concerts in July and two in August. The dock for boat rentals at the lake has been approved by DEC. Boats will be delivered in the near future, and the insurance is in place. The contract calls for payment of $1,000 to Cayuga Boat Rentals ($500 for the boats and other equipment and a $500 set up fee). A brochure has been prepared containing rules and regulations. Parental permission will be required for anyone under 18 years of age. They hope to start tomorrow and will continue through September (Wednesday through Sunday 10 a.m. to 6:00 p.m.). Atty Perkins noted this was a different proposal than was considered in June, and before they proceed they will need to approve the outline of the agreement. It will now be a simple lease agreement, $500 for rental and $500 for set up, which Atty Perkins will prepare. The Town will keep all revenues and pay someone to take care of the rentals. RESOLUTION 1114 - APPROVE BOAT RENTAL AGREEMENT Cl Michaels offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves an agreement for boat rentals with Cayuga Boat Rentals for rental of the boats, life vests, floating dock, shed and other necessary equipment for $500.00 and a set up fee of $500.00, and the Supervisor is authorized to sign the same, subject: to approval of the Town Attorney. 2nd Cl Stelick Roll Call Vote Cl Hatfield Yes Cl Stelick Yes Supv Varvayanis Yes Cl Michaels Yes Cl Grantham Yes Supv Varvayanis said that because of expenses the Rec Coordinator was unaware of, she has exceeded her budget, but because she did not start: the 5.rst of the year, there will be extra funds in the salary line for the department that can be transferred. RESOLUTION # 115 - TRANSFER RECREATION FUNDS Cl Grantham offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the transfer of $5,000 from Recreation Personal Services to Recreation Contractual, 2nd Cl Stelick Roll Call Vote Cl Hatfield Yes Cl St:etick Yes Supv Varvayanis Yes Cl Michaels Yes Cl Grantham Yes There are ten players on the travel under 12 softball team. The travel under l.2 baseball team is hosting a tournament. August 4 through 10. `Cbe holiday originally set for August 9 is cancelled and will be combined with Dryden Old Home Days, August 1 through 3. They will try to incorporate a teen dance. Page 17 of 26 TB 7 -9-03 J Glaab explained that one of the items charged to her budget that she was unaware of was $199 for a tennis net at Ellis Hollow Community Center. Cl Grantham said there had been a problem with providing funding for them when every resident: of the Town is not allowed to use the facility. It isn't legal for the Town to support facilities unless everyone in Town can use it. Atty Perkins said he could prepare a contract that would resolve the issue. There was some discussion about why the Ellis Hollow Community Center might limit its membership. Clint Cotterill, said when he was on the Town Board years ago, the Supervisor used some revenue sharing money from the Town to help build the tennis courts at Ellis Hollow and the State Auditor chastised the Town for it saying funds could not be used there because it was not open to everyone in the Town and the Community Center was asked to return the money. The Board said that if a contract would solve the problem, then that is the way to proceed. Atty Perkins said if there is a public purpose associated with the contribution of the Town by contract then it is not an unconstitutional gift of public funds to a private organization. J Glaab asked that in the future she be advised when items are paid from her budget. CITIZENS PRIVILEGE Walter Matyjas spoke regarding the Youth Commission and distribu.t:ed their annual report. He is one of three of the Town's representatives to the Youth Commission. There have been reductions in the budget. In 2003 it was reduced by $1400 at the County level, which resulting in the Town's corresponding match also being reduced by $14000 The State reduced their contribution by $600 and the match resulted in a $1200 reduction. This means a reduction in their total budget of $4,000 over the past two years, exclusive of any inflationary impact. This does result: in a cut in the programs offered to youth. They have tried to cut expenses in areas such as advertising. The Youth Conservation Corps shortened their program by several days this year, and there was a reduction in youth employment. The report contains a summary of their programs. The Town's three positions on the Commission are currently filled, and he thanked the board for making prompt appointments. Photographs of the programs and youth conservation corps were exhibited. Eris Bennett said the County Youth Services Department conducted a Needs Assessment last Fall to find out in various communities throughout the county what the strengths are that those communities have to offer the kids and what the lads had to say, and what challenges and barriers they face. Surveys were completed by people who attended the forums. Countywide responses indicate that the schools are important and that there am good after school activities. One of the problems identified is a. lack of part time jobs for youth, and a barrier is that: there may be services but people don't necessarily know what those services are, or there may be a lack of transportation. She said that they have been trying to make sure activities are widely advertised and they have been working with Jennifer Glaab to try and make sure that information is shared. They are collaborating on a survey for people who have their children in. Dryden and Ithaca camps to try and find out what it is that people want in a camp. Information on the demographic and indicator trends were distributed to the board and was available at the forums. K Bennett said that the Youth Services Board presently has no representation from the Town of Dryden. The last representative was Mary Ellen Bossack who resigned when she became Village Trustee. This board helps direct the work of the Youth Services Department at local and countywide levels. She asked for assistance in filling this vacancy. Milo Richmond asked the board to consider making the position of Highway Superintendent appointed rather than elected. He would like to see the Highway Superintendent appointed by the Town Board. He said it is common in midwestern states and is also practiced in other parts of New York State. He said it would offer the board greater Page 18 of 26 TB 7 -9-(13 involvement in the role of Highway Superintendent.. Atty Perkins said this has been visited at least three times that he can remember and was soundly defeated at a referendum every tame. The board would need to introduce and pass a local law, then it would go to the voters. It was last brought to the voters in 1993. Atty Perkins said that although the board may appoint the Highway Superintendent, the board does not have a lot of control over the day to day operations whether he is elected or appointed. Martha Robertson said the Highway Superintendent would be an employee like other employees of the Town and however difficult it may be to hold another employee accountable, the same would be true of the Highway Superintendent:. She asked if there was any downside to passing a law and bringing it to a referendum since there was already an election in November. Atty Perkins wasn't sure if there was sufficient time to get it on the ballot, but he will check on it. M Richmond said what he is proposing doesn't prevent us from finding the best possible person, and it doesn't relieve it or remove it from the political process, which he thinks is desirable since people speak essentially through the board. This would bring the Highway Superintendent in closer working concert with the board. The board would be able to select the best person for the job. Supv Varvayanis asked the Town Clerk if she would like her position appointed and she replied no, that she would rather try and please the voting public. She said that when you have appointed positions sometimes personality conflicts play a big part, and she knows where it has caused problems in the past. Chris Hicks said he lived in Dryden for 28 years, and came back to Town this past week to take care of personal matters and look in on the property he owns on Hunt Hill Road. He is 40 appalled at the condition of the road. It has deteriorated over the past four or five years, there are issues with erosion, and safety factors to be concerned with. Conversations with his neighbors lead him to believe that the reason the road is in the state that it is, is because of a pending lawsuit against the Highway Superintendent to not remove trees or re- engineer the road. He is concerned that the person he understands to be leading the revolution isn't a resident of Hunt Hill Road. When he asked what was being done he was directed to a resident on the road who will be bringing petitions to the board asking that something be done on the road. He is not asking for anything more than a passable, safe road. He understands that the Highway Superintendent is kind of steering away from the issues because of the lawsuit. Floyd Ayers said that he is one of the ones involved in t :he lawsuit and there are more issues than repaving the road. It is a safety issue. They were told at a meeting a few years ago that it needed to be brought up to NYS specifications much like Yellow Sarre Road was. He said he travels Yellow Barn Road every day and the road is in terrible shape, so being so many feet wide and to state specs isn't working and his road is being totally ignored. They were told that: at last months meeting that the Highway Superintendent was going to come up do some basic repairs but nothing has happened. He's not sure if the bus will come up the road in the Fall. It is a safety issue now. C Dicks said he has photos of the potholes on the road. There are thirty yard stretches of road where the road is in chunks and are softball size all over the road. He showed the board the pictures. Martha Robertson said that she hadn't been on Hunt Hill Road lately, but because C Hicks said that the neglect of the road had to do with the lawsuit, she'd like an update on where that stands and what the effects are and what it is costing the Town to pursue the lawsuit:. Page 19 of 26 TB 7 -ydf3 Supv Varvayanis said he is not sure the lawsuit is really at the core. The Town has authorized a complete engineering study of a complete road rebuild. Dave Putnam said that is this Fall's work because it was planned for next Spring. Supv Varvayanis asked what a patch of the bad sections would cost. D Putnam said he thought the Highway Superintendent was planning to do some work there, but he wasn't sure what it: was. C Hicks said that his understanding was that in the process of re- engineering they would have to widen the roads and cut down trees. He asked if they were weighing nature over human safety and said it would be unfortunate if it was corning to that. He hasn't seen the lawsuit and doesn't know what its detailing or highlighting. M Robertson said it was a town- wide issue. C Hicks said he thought it was just people trying to create controversy where its obvious where the needs are, and we seem to be side - stepping around the real issue which is passable roads that maintain property values, that are safe to travel, safe to walk on and safe to drive on. I-ie asked where the environmental concerns really come into play there. He's never heard of anyone being able to bring a lawsuit not to repair a road. Supv Varvayanis said he is not enjoined from repairing the road, but: from widening the road and that's why an engineering study is being done. So they know what they will be doing and whether it complies with the law. Cl Michaels said the town has a variety of options if it needs to widen a. road. It can get the consent of the landowners or take the property by eminent domain, so if it comes out that the engineering reports says that it is necessary to provide a safe road by having it wider than it currently is, the Town is with options even with the injunction. He said the injunction was very specific in that it was the residents concern that without their consent the road was widened beyond it's existing boundaries (taking their property) and the Highway Superintendent was enjoined from further widening, but any work from the backslide of a ditch to the backside of a ditch is permissible. C Hicks asked if the Highway Superintendent was unable to repair the road because it could not be done according to certain codes because it could not be widened and Supv Varvayanis said no. C Hicks said he was not: clear why it was not being repaired. F Ayers said it has to be scheduled and it is major work. Cl Michaels said it seemed everyone was in agreement that major work needs to be done and an engineer study will detail that:. D Putnam said the road will need to be plowed, so it will have to be passable by the trucks. M Richmond said that is a good argument for some remedial work, not only on Hunt Hill Road, but there is also an apparent avoidance of upper Genung Road. He said that road is also named in the suit, but needs some attention. M Robertson said that she has asked in the past: for an annual plan for roads to be repaired and was told that a lot of it depends on their condition and she would imagine that if he didn't plan to repair a particular road, he could add a road that has suddenly deteriorated. She asked for an update on the lawsuit separate from the specifics of Hunt Hill Road. Atty Perkins said this is a matter that involves litigation and he would be glad to report in executive session. M Richmond said they are having a discussion about roads, legitimate concerns of people and are talking about some resolution of issues and he didn't understand why they need an executive session for a report on the lawsuit. He understands that Atty Perkins is paid by the Town and taxpayers ought to be able to hear about the lawsuit. Atty Perkins said that: is up to the board. Supv Varvayanis said they could go into executive session to discuss strategy or specific detail, but he would like a report on where it stands. Atty Perkins said the matter is scheduled for a preliminary conference before Judge Mulvey next Wednesday. The Judge will ask the Page 20 of 26 TS 7 -9-03 parties where they are in attempting to settle and will probably establish a scheduling order for disclosure and discovery and a date by which the plaintiffs must: file a Note of Issue (notice that they are ready for trial). Milo Richmond asked if this meant that the Town was rejecting the offer proposed by the plaintiffs and Atty Perkins replied that the Town has made enumerable efforts and attempts to settle and the plaintiffs have gone backward from their original position and are now insisting that they want everything they originally sought with no compromise. He said that was not his understanding of what this board approved or endorsed. Cl Grantham said that Atty Perkins legal advice to the board was that these were not Town Board decisions, that the lawsuit is against. the Highway Superintendent and that the decisions are his, and that Atty Perkins has had discussions with J Bush and made some suggestions, but his legal advice to the Board and the way it is being acted is that it is not the Board's decision. Atty Perkins said the Highway Superintendent was the one enjoined, and it is important to note that he is enjoined from widening or doing certain things beyond the established outside edges of the ditches, unless he complies with the provisions of Highway Law section 145 or 147, or takes the property by eminent domain or has the consent of the owner. The lawsuit is not preventing this. That is preventing the rebuild of the road right now is getting the engineering done and a plan, which what he understands the owners wanted. Without the plan there is nothing for them to see. Supv Varvayanis said he is the one who pushed for an engineering plan and maybe that pushed things back a year. Atty Perkins said that a plan and compliance with statutory procedures is what everyone wanted to see: Supv Varvayanis asked the Highway Superintendent what plans he had for this year. J Bush replied that one of the issues he has now is that: because of delays they cannot stop and focus on Hunt Hill (toad, they have to proceed with other roads. They have been concentrating 40 on preliminary work and it's getting to the point in the season now where it may be almost impossible to do anything to the road. And once the money in the budget is expended for other roads there won't. be any left to do the work. The only thing left to do would be temporary repairs, and he is skeptical of that because the road is failing all over. This all started in 1999. C Flicks said because of the opening of Yellow Barn Road, Hunt Hill Road sees more and more traffic. It is more heavily traveled now than it was years ago. J Bush said he would like to go in and do t:he work on Hunt: Hill and some of that work would never affect the lawsuit, but the issue he has is that routine maintenance has not: been done and any repairs might fail because the maintenance wasn't done. He's not sure what steps should be taken now to protect the road and the people using it, and still try to resolve the issue of the lawsuit. And for the people who don't want to see the work done, how do you keep them happy? He said they'd been trying to move forward and it's not: happening as fast as he would like to see it happen. C Hicks said that he agreed that: at this point putting another bandaid on the road is not solving the problem. It's not feasible to put a 40 foot patch every 50 feet. F Ayers said the resurfacing on Yellow Barn Road isn't that old and he had been told it was built to specs, and he doesn't know if it was poor engineering, but: the ditches are cut very wide and it didn't work for that road. J Bush said that the areas of failure on the road may be because of the some the gravel material that was used that he didn't think was DOT approved gravel. Some of the material used (to save money) was from the old stockpile yard. COUNTY BRIEFING Mike Lane noted that all three County Reps for the Town of Dryden were present. The County Board is gearing up for budget sessions soon, and things aren't looking good. Two ® weeks ago he accompanied the "Push Back" group to Albany to discuss the shift of costs from New York State down to the Counties, particularly the Medicaid costs. They met with the First Page 21 of 26 TB 7 -9 -03 Deputy Director of the budget, who works for Governor Pataki, and is .John Cape who is from Dryden. They discuss things such as trading part of the local sales tax if the State would then take over all of the Counties' medicaid portion. Mr Cape said they had run financial models of that and it was difficult because of the much higher costs in New York City and it wouldn't balance out. It balanced out upstate, but wouldn't downstate. They also met with people in Senator Bruno's office who were very open. They kept asking that people please submit any ideas to rework money. They would like to hear ideas of how they could make swaps and do things more efficiently. They seemed to feel that: things might be a little better next year. They were happy they had gotten 2.6 million in tobacco settlement proceeds. The group attempted to meet with Speaker Silver's office but were unable to get arl appointment. Tompkins County Administration has released a report on the mission and function of their department. A copy was left with the Supervisor for people to look over. Tom Todd, County Rep for Lansing, has asked the board to take another look at the issue of off track betting in Tompkins County. It was an issue a few years back and M Lane said he believed there was a referendum that defeated it. Flaving off track betting could mean approximately $200,000 in revenue per year to the County if it was allowed. There is concern in County government about global climate change and how greenhouse gas emissions are affecting not only the local area, but the world. They have become one of the cities for climate protection a couple of years ago and the reason they did is because if there were to be greenhouse gas emission reductions in the United States it would have to happen at: the municipal and regional level. They will be attempting over the next: ten years to reduce their greenhouse emissions by 20% over the baseline year of 1.998. There are five milestones and they have already reached three of them. They have conducted a greenhouse gas emissions analysis and inventory, set: a reduction target, and developed a local action plan. The next step will be to implement the plan and monitor progress and report results. They are working to get a grant to help identify places where they can reduce their energy consumption, the effect being to reduce greenhouse gas emissions. The bulk of County government's emissions are in its buildings. They will keep moving along with this. They still don't know what will happen with the new electronic voting machines, although deadlines are in place. The Board of Election is understaffed, with four employees. Similar size Counties have up to thirteen employees in. Tompkins County has one of lowest numbers of employees in its Board of Election, and has one of the most transient populations. Cl Michaels asked how much the greenhouse plan would cost the County, and M Lane said they hope to recover about $28,000 within one to two years, and he would get the exact: figure. M Robertson said that the NYSRTA grant will pay half of any improvements they make and M Lane said the savings will pay for the investment by the County of its half. Supv Varvayanis asked M Lane for an update on the legislation he had proposed. M Lane said he had proposed a work place safety law that says that smoking will not be allowed in places of employment, including restaurants and bars, where employees might suffer the effects of second hand smoke. This year in March New York State passed an anti- smoking law, as well as Nassau and [Westchester Counties. There were efforts to weaken the state law, and he proposed that Tompkins County pass an anti- smoking law that was basically parallel to the State law. The County's local law will be in place in the event of weakening of the State law. The vote to schedule a public hearing on the local law did not pass, but they expect enough votes at the next meeting. Supv Varvayanis said he thought most people supported the law. He also said that he personally would vote against off track betting, but he would like to see the referendum. Page 22 of 26 T8 7 -9-03 Martha Robertson said that the State has not yet chosen a vendor for the Statewide Wireless Network. Steve Whicher is in frequent communication with them trying to find out what is going on. While the County is waiting to see what is going to happen with that, they are pursuing other avenues. They are continuing to work with Motorola on firming up numbers for a full 800 megahertz trunk plan for Tompkins County, and as an alternative (Plan B) a system that would upgrade the basic backbone and do a number of other things that would improve the situation. The problem with Plan B is that there are some costs that would be "thrown away" if and when the County moved to 800 megahertz. They are still hoping that the State will come through, but meanwhile wrill continue to explore these options. Supv Varvayanis said most emergency service providers he's talked to would prefer option b. M Robertson said that is still 6.7 million dollars and there is a lot: that won't be available with that option, and she is not sure how much of that would be thrown away if the State came through later. The County may also have to be build a jail, so these decisions will be difficult. When the Federal tax cut package was passed last month, it included 20 billion dollars that was to be distributed to states and some to go directly to localities particularly for medicaid. The formula works out that Tompkins County will get about $673,000 over 15 months. This is one time money and does not even cover the shortfall they expect to see this year. The Health and Human Services Committee has been focusing on housing quite a bit. They have had a number of people talk to the committee including Better Housing of Tompkins County, Ithaca Neighborhood Housing and other agencies. They are learning about what already is being done and what the gaps are. They are trying to understand what they can help do to try and fill some of those gaps. There is very likely money available from the State for single room occupancy facilities to be developed for people in particular with some mental health problems who can pretty much live on their own, but need some support. This is 40 something that other communities have but is not available in Ithaca and they are hopeful they can provide it. M Robertson said there is a shortage of housing in the area for people who are able to make a reasonable rent or low mortgage payment. This area has the highest median home price west of the Hudson River, yet we also have the highest poverty rate. The Human Services Committee will be discussing the Recreation Partnership at their August 6 meeting (11:30 a.m.). Supv Varvayanis asked George Totman why he voted against the smoking ban and he replied that he feels there is still a large population of smokers, and people have the choice to not frequent establishments that permit smoking. He said that State government always seems to be making rules that control someone's life and he doesn't think that's what government is about. Cl Stelick said he supports Mike Lane in his efforts to put an anti- smoking law in place. COUNCIL PRIVILEGE CI Grantham said that there is $5,000 earmarked for the Town from the Tompkins County Water Resources Council for the aquifer study. The Town of Caroline has already received $5,000. It requires a simple contract between the Town and the Soil and Water Conservation District. Atty Perkins will prepare the contract. RESOLUTION # 116 - AUTHORIZE CONTRACT WITH TOMPKINS COUNTY SOIL AND WATER - AQUIFER STUDY ® Cl Michaels offered the following resolution and asked for its adoption: Pagc 23 of 26 TB 7 -9 -03 RESOLVED, that this Town Board hereby authorizes the Supervisor to execute a contract on behalf of the Town with the Tompkins County Soil and Water for the sum of $5,000 to be used for the Town of Dryden Aquifer Study. 2nd Cl Grantham. Doll Call Vote C1 Hatfield Yes C1 St:eliek Yes Supv Varvayanis Yes Cl Michaels Yes Cl Grantham Yes Cl Grantham said that Craig Schutt had told her that the State funds salt storage sheds each year and he thinks that the Town of Dryden would be very competitive in asking for funding for salt storage because we are located on the Virgil Creek aquifer. She has spoken with the Highway Superintendent about it and is going to try to get information from USGS that will help in the application process. Cl I•Iatfield asked about a request that had been received for additional street lighting on Leisure lane. Atty Perkins will review it and determine whether the properties requesting lighting are within the district and what steps need to be taken. Cl Michaels asked about information he had received regarding the SPCA. B Hollenbeck explained that there had been a meeting with representatives from Groton, Lansing, Dryden and NYS Agriculture & Markets where they had discussed problems with the SPCA and options available to the municipalities. They are going to try and schedule a meeting with the Board of Directors of the SPCA. + HIGHWAY DEPARTMENT No report:. ATTORNEY Atty Perkins said he had reviewed the letter received from the Village of Dryden regarding wastewater flows in the Cortland Road Sewer District, TC3 and the High School. He said that should be referred to Bunt Engineers who will be studying the issue. The Village proposes the solution for the Town to fund 1.6 million dollars. The Board,'%vill need to decide whether to engage the Village in discussion and negotiation regarding the future of that arrangement or seek other solutions. With respect to the petition for annexation, Atty Perkins has reviewed it: and looked at cases and the statute and said that the Town should schedule a joint public hearing with the Village on the matter. He said there are a number of deficiencies and problems with respect to the Petition, but the Municipal Annexation Law does not give the board authority to reject it out of hand. Objections can be raised at the hearing. He will provide the board with a memo. The petition was received on June 26 and the board is required to set a joint public hearing within twenty days. Supv Varvayanis has suggested August 6 for the board meeting. The board has until July 16 to mail a notice to the interested parties and to publish a notice in the paper, along with the Village, letting people know about the public hearing on the hearing. At the hearing the board will take testimony. Atty Perkins suggests getting a certified court: reporter to make a record of the hearing. Any written objections can be submitted at the hearing., and Atty Perkins will send the board a memo prior to the hearing. The hearing must be conducted by August 25, 2003. The board would like to hold the hearing on August 6 at Page 24 of 26 T8 7 -9 -03 7:30 p.m. Atty Perkins said that while Hunt Engineers won't have a report by then, the board has taken steps to study the issue, and this is a single issue petition. Cl Michaels said that he is concerned that the Town is going to spend a lot of money looking for solutions and trying to solve a problem because there is no action from the other parties. RESOLUTION # 117 - SET PUBLIC HEARING FOR ANNEXATION Cl Grantham offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby desires to hold a joint. hearing with the Village of Dryden on the Petition for Annexation received from Konstantinos Katsiroumbas -for tax map parcel #38. -1- 30.12, on August 6, 2003 at: 7:30 p.m. 2114 Cl Michaels Roll Call Vote Cl Hatfield Yes Cl Stelick Yes Supv Varvayanis Yes Cl Michaels Yes Cl Grantham Yes Atty Perkins explained the public hearing could be continued for up to ten days, and after the hearing the board has 90 days in which to make findings and decision. If both parties find that it is in the overall public interest, then it goes forward. If neither party finds it is in the overall public interest, it's over. If there is a split decision, then either party can apply to the Appellate Division (an original proceeding). The Appellate Division would appoint a panel of referees. Typically there is at least one Supreme Court Justice and two others to conduct a hearing, take testimony and make recommendations. After the hearing both parties get an opportunity to submit findings, etc., then it is argued in the Appellate Division by a motion to confirm or reject the recommendation and report of referees. That could take months. Cl Michaels noted the petition states the purpose for the request is to provide water, and that is a solution the Town is trying to provide for that entire side of town. Atty Perkins said he would put it all in a memo, but the petition was woefully lacking in the discussion of the overall public interest. Supv Varvayanis said he thought there were several shortcomings in the petition and asked whether the board should express those or wait for the hearing. Atty Perkins said he would like to hear any such comments from board members, via phone or memo, and he would be glad to put that all together, summarize it and circulate it to board members. TOWN CLERK No report. ENGINEERING No report. ZONING OFFICER Board members have monthly report. Page 25 of 26 TB 7-9-0' ) DISCUSSION 0 With respect to the Environmental Planner, Cl Grantham said she had made an offer to an individual and that candidate turned it down. They are going to rewrite the description and reopen the search. On motion made, seconded and unanimously carried, the meeting eras adjourned at 10:35 p.m. Respectfully submitted, Bambi L. I-Iollenbeck Town Clerk Page 26 of 26 Town cf Dryden Town Board Meeting ® July 9, 2003 Name - jPlease Print} Y Qj. /7a Ke-/,O� ;=J 'I c e�k-5e, M cU `nitit (4t 6145 n, I� Kr)5 6U1. Address vq�v P© , VV e ✓r fle Lb� C" ( 4T I'LL Cci let �r 43-0 W 95 W Sf I .�_ a. )aa6 c