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HomeMy WebLinkAbout2003-09-10TF3 9 -10 -03 TOWN OF DRYDEN TOWN BOARD MEETD1G September 10, 2003 Hoard Members Present; Supv Mark Vaxvayanis, Cl Stephen Stelick, Jr., Cl Deborah CT-;, f than Absent: Cl Charles Hatfield, Cl Christopher Mic;hae l,% Other Elected Officials: Bambi L_ Hollenbeck, Town Clerk Jack Bush, Hi h% %,ray Superintendent Other Town Staff•. Mahlon Perkins, 'town Attorney Henry Slater, Zoning Officer David Herrick (TG MiJers), Town Engineer PUBLIC HEARING APPLICATION OF JOHN O'CONNOR FOR SITE PLAN REVISION APPROVAL, 53 PINC NEY ROAD Supv Varvayami s opened the pubic hearing a1; 7;05 p.m. and Town Clerk read the public notice published in The ld wca Journal. Applicant John O'Connor said the drainage plan presented is a better drainage plan than he originally had. This will fallow a natural drainage pai:h that is already there, with some modifications to be made while keeping within ifie engineer's gL idehne9. Dave Herrick said the revision siill conforms with the requirements of the special permit conditions. He suggested oue modification to the design. There is a small under - drain pipe which serves to slowly release the first flush volume out of the basin, and they would like to see the pipe extended a little farther to the east so that it daylights. It is presently buried and needs to be freed so the water drains freely_ He also reiteraWd the concerns with the existing three culverts underneath the driveway and said that in late July it backed up, caused a flooding problem on the shoulder of the read, and washed out the edge of the shoulder, They would like to see amodification of the culverts so that doesn't continue to happen_ J O'Connor %aid he had talked with DEC earlier in the week and they decided to clean out the gravel island on the upper side so there is a clearer flow. Ke said that should take care of a lot of the problem, but if they have to address it in the future they will take a look at it_ D Herrick said there are three steel culverts side by side ;md they have been clogging up og the inlet side. They are not hydraulically effident and suggested a single culvert of ,sufficient size wll pass a lot of the debris and not clog up.. J O'Connor said cleaning out the area above the culvert would allow the water to flow freely and not clog the pipe. Dave Herrick demonstrated on the map how the drainage plan is intended to work_ C1 Grantham asked whether the plan met the new DEC guidelines for stnrmwater retenl7nn. D Herrick said for quantity mitigation it will, calculations were done for the 1, 10, and 100 year events, consistent with the Phase II SPOES, The plan is sectioned tin have the invert of the pipes which will carry the larger Rows higher thmi the invert of the swales so the water quality volume is hacked up before going out the pipes. The question Dave I•lerrirk had raised with Hunt Engineers was that the water quality volume didn't seem to have any way of being released or drained over time which is what the requirements are, and they came back With a proposal to put the under -drain in so that it will drain out over an extended period of Lime. It drains to a small fributary a 1il'de further to the east. Steve Harvey and Jean How reviewed the plan. S Harvey said the last stom brought debris and water and said that the way the drainage flows now it will eventusdly take out Lower Creek Road. They are concerned with the effects on adjacent properties not shown on the plan_ Page ] of 14 q0 I qWft C> TB 9 -10-03 ® It: was explained that any increased runoff from rooftops will be captured and slowed and given a chance to infiltrate. D Herrick pointed out the regrading that will be done and assured J Hoag that DEC was aware of what was going to happen. S Harvey asked about containing any gas or oil spill and J O'Connor said he didn't expect any problem, there would not be any more vehicles than there are on the street. S Harvey asked the board to postpone approval until he had a chance to have the plan reviewed by an engineer. Dan Karig asked why the gravel is being deposited where it is and D Herrick said it is because the velocity dissipates at that point and the material drops out. It comes from natural erosion occurring upstream. J O'Connor said that maintenance has not occurred in several years. Supv Varvayanis asked if the three culverts were allowed to remain and in a few years the Town had to make major repairs and replace the culverts whether the Town would be able to charge the expense to the owner. Atty Perkins said it could be made a condition of the permit approval. Jack Bush said the driveway had been an ongoing problem, particularly during storm events, and the last time it washed out the shoulder of the road. He said it will probably happen again because the pipes are too small and the inlet side gets plugged with loose gravel. C1 Grantham asked if there was a landscape plan to stabilize the bank along the railroad bed. J O'Connor said the existing vegetation would remain. ® Cl Grantham asked whether the hearing could be left open for S Haney and J Hoag to review the engineering plans. Atty Perkins said the board has a time limit within which to make a decision after the hearing is closed. The reason for the hearing is for people to comment on the application that was before the board. It is litre unusual since the opportunity was there when they got the public notice. But the hearing could be left: open. Supv Varvayanis asked J O'Connor if that would present a hardship. Mr O'Connor said he had material coming and it had been a long haul to get to this point. S Harvey asked how they would have known about the hearing. ZO Slater explained that notices were sent for the first application and there was a legal notice published. S Harvey asked when the modification would be approved by DEC and was gold they already have. S Harvey said that he would probably hire a engineeri n ng firm to look at the plan. After discussion, the board decided to leave the hearing open until September 17, 2003 at 6:30 p.m. RESOLUTION # 132 - ADJOURN O'CONNOR SITE PLAN REVIEW CI Grantham offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby adjourns the public hearing for site plan review modification requested by John O'Connor, for sell= storage units at 53 Pinckney Road, until September 17, 2003, at 6:30 p.m. at the Town I•Iall, 65 East Main Street., Dryden, New York. 2nd Cl Stchck Roll Call Vote C1 Stelick Supv Varvayanis Cl Grantham Yes Yes Yes Page 2 of 14 TIC 9 -1 M3 PUBLIC HEARING PROPOSED LOCAL LAW REDESIGNATINCY THE CONSERVATION ADVISORY BOARD AS A CONSERVATION BOARD (continued from 9 -3-U ) The board. lead previously left thin public hearing; open to allow the zoning officers an opportunity to comment on the proposed local low- ZO Slater wrote a letter to the Supervisor and summarized if for the board. O Slater said that he had consulted with George Frantz and Atty Perkins and they agree that the open space inventory is too broad, that it needs to hove some boundaries on the areas of concern that allow a person to make a determination as to whether a site is in a mdLive area. It was to difficult. to define the boundaries. Cl Grantham .maid that this is available in GIS and the tax parcels could electrom'cally be overlaid on to the maps in the inventory. ZO Slater said George Frantz had told him that capability was there and he would get it to us as soon as he could, but his crpirnion is that it is still too broad and needs to be refined, wzth an actual index established- They did conclude that the index is figL re maps 2 through 13. He noted that the Town of Ithaca had tried to go with a bread approach such as thin, and found out it was too burdensome for anyone to effectively review- ZO Slater said he may have a different conclusion ifhe had an opportunity to see the uverlay& Dan Karr said the figures (maps) were something thaIN was meant to be something that could be easily conveyed to the public, and there is data that ahows. the source of those lures and are based on the county GIS system. He said he understood the boundaries were based on tax parcels and on the order of four acres- The flood plain is vague because those maps are, vague. ZO Slater said if they unable to determine whether a structure is located in a flood plain, it then becomes the obligation of 6e applicant to obtain the services of an engineer and survey to determine the elevation and compare it- Dan Karig said that it seems to him that unless there is z�in overburdening number of applications to be reviewed that it will require a site survey. That seems the si,mplewl way- O Slater said that there might be an exemption list considered, such as a single family home being built in a subdivision that has already been through the process. Cl Grantham said that made sense, thKc a se�brllvision would have been permitted either before the conservation board existed or the conservation board would have already reviewed it, there: is no reason the hlriIding permits for individual homes would also need to be reviewed. J Grantham asked how matey building permits that would ell m1 alle- ZO Slater said if you considered single family homes and accessary structures that would reduce it by SO" /0- There are 30 to 50 riew homes per year, including mobile homes, modulars axed site built homes. Anothex 70 pertoits or m are issued for accessory use ,structures for single and two - family homes. Thu lot e{}uld be exempted and that would take care of any applications for that lot. If the subdivision is permitted that would eliminate those building permit applications- W Slater said that most new homes are not occurring in previously approved subdivisions. If lots in a permitted subdivision were exempted, and additions and accessary use structures were exempted, tbat would leave about 50 applications, and some of those will not fall in the areas identified in the open spKce inventory, so that would leave under 50 applications per year to be reviewed. ZO Slater said he is not c Omfarkable in being able to identify a sensitive environmental area at this point. He would like to see the overlays. Supv Varvayanis said if'the proposed local law is going to be changed, it will need to be reintroduced and reheard. ZO Slater will then have time to Jook at the OI S date. and firm up his understanding of the maps- S upv Varvayatus asked Dare Karig and CI Grantham to consult with Any Perkins and conle up wil;h Page 3 of 14 TB 9 -10003 some new language for the proposed local law. ]) Mang said he will talk with ZO Slater and George Frantz and the rest of the CAC_ ZO Slater .Said he is only seelring clarification so the document is more usable. Supv Vaxva axiis ri closed the publie hearing at 7:55 p.m. and opened the hoard meeting *viva the pledv of anegiar,Ce. C1 Stelick asked that Kevin Ezell be present at the next hoard meeting to discuss the digitizing project, RECREATION J Gl , Recreation Coordinator, reported that the Music in the Park' series of concerts concluded with Tink Bennett and T iluz Made and Dubin k eridge and the anAntones in August. Bath were well attended with por>i 6ve feedback_ Suggestions for next year include to advertise that food is available, to colleen donations, w have volunteers to help nun the conceswions and split the profits with Dryden Lions Athletic Club_ Boat rentals at the lake ended on August 24, with total rentals for the season of $265- J GGiaab said there is potential to expand the program for ne2a year and she suggested the town purchase its own boats. Other suggestions include starting the season earar, mare advertisements, being open later on the weekends and possibly closing on the weekdays, holding a demonstration day, more adutll sized life jackets, different sized paddles and offezing a 'l� hour rental oon. Football and cheerlead ng are underwKy 1.vith 66 tackle football players, 25 flag players and 85 cheerleaders_ Dryden hosted the league -mAde scrimmage on September 7 wit]-3 20 tearnx L participating. The local NFL Pepsi Punt, Pass & Dick competition was held on September 6. Local winners that will move on 110 sectionals in October are Kurt Park-ez, Katie Treacy, Howie Frisco, Devmi Cross and Scott Converse. Recreation financial report waz5 submitted to the board_ Cl the boat rental cost and was told it was $1,000 for rental of boats, floating dock, $179,39 for advertising, $27.23 for supplies_ Staff u it carne from another budget line), but will be added, J Glaab said expenses that had been taken from her budget Brie, and so is not remains For use, Grantham asked hour much life jackets, paddles and ras not considered ("because she still did not know aU ;arc exactly how much RESSOLUTION 4133 — APPROVE ABSTRACT # 109 Cl Grantham offered the following resolution and asked for its adoption, RE OLVED, that this To%m Board does }hereby approve Abstract # 10% as audited, vouchers #564 through #760, totaling $602,044.29. 2ml Cl Stelick Roll Call Vote Cl stelick Yes $upv VarvayWus Yes I Grand -iam Yes Page 4 or 14 TB 9-10 -03 AMBULANCE REPORT Tern Allen reported that inAugust they collected $16,923.47 (year to date $108,368,26). For 2002 transport, the total collected is $459223,43, They wmswered 103 calls I n August (117 including multiple patient calls) , CITIZENS PRIVILI+ Dan Seewald, 51 Yellow Barn Road, presented the board with a petition signed by residents requesting a 3 -way stop at the inters ction of Yellow Barn and Ferguson Roads and the intersection of Yellow Barn and Corn Crib Rams. He said that speeding, although the area I s posted al: 30 m, w per hour, is a problem_ They have asked the State Police and the Sheriff for assistance and they have ticketed specder€s. More houses have been built on Yellow Barn Road and a new development is planned for Ferguson load and traffic will increa _ Don Ordway, a resident of the area., said ha bus called the State Polio acid sheriff a number of times. They have placed a speed indicator on the road, and it ,seemed only a handful of people slowed down. He said they worked a. long time to get the 30 mile per hour zone and now there is no enforcement. The police cannot be There all the time. D Seewald said we awe it to the safety of the citizens to lower the speed limit to protect them . .tack Bush said he supports the request- dawns are ]invited to what they can do for traffic calming efforts, but this ig cane thi they can do. In this case. it seems to be people coming off of route 38, up Ferguson Road to Yellovx 'Barn and then to Route 13. By putting the Is stop signs up it will slow them down and they will probably end up using Irish Settl.eme n Road, which is a safer intersection at Route 13. He suggests that a slop ahead sign be added further up Ferguson Road because of the momentum vehicles have coming down the hill_ Be also said the residents should be aware there may be an increase of noise because awry trucks using the road making local deliveries, RESOLUTION #134 - INSTALL STOP SIGNS ON YELLOW BARN ROAD Cl Grantham offered the following resolution and asked for its adoption: RE$OLVEI7_ that this Town Board hereby supports the installation of stop sites, creating a three -way stop, Kt Yellow Barn and Ferguson Roads, and of Yellow Barn and Corn Crib Roads, together with any appropriate stop ahead signs. 2nd Cl Stelick Roll Call Vote Cl Stelick upv Varvayams Cl Grantham Yes Yew Yes Fred Aplr=,Lr asked if there was any further information oyi the annexation and/ ar relocation of DOT and Supv Varvayanis said there was not, and the transcript: from the hearing has not been received. 16 14 Robertson said she sent an a -mail to Ed Marx, Barbara Blanchard and Bruce 'Wilson. Barbara Blt�nchard has arranged for them to go to a. school board meeting on the 1.511, to maker a presentation and answer any questions_ With respect to the annexaEcxn petitian, she said Page 5 of 14 TB 9-104)j that Bruce Nilson is waiting for a clear communication from Atty Perkins or the board about what exactly the response is to the petition. She said Bruce Wilson is waiting for a response from Atty Perkins and cannot go any further until he does. Supv Varvayanis asked Atty Perkins to please send a letter to B Wilson. M Robertson said Bruce Wilson has not received a response from Atty Perkins and does not want to go through another petition unless he knows what will satisfy Atty Perkins. M Robertson asked Atty Perkins to communicate with B Wilson. Ady Perkins said the response he received from B Wilson doesn't answer any questions and the petition is still deficient. M Robertson asked Atty Perkins to call and tell B Wilson that.. Supv Varvayanis told M Robertson that the Board has now directed Atty Perkins to contact B Wilson, Lorraine Hall, Route 38, said she has not been to meetings to know how far things have gone with the DOT and wonders where it stands and whether they have already been approved to go on the Ellis Drive site. Supv Varvayanis told her it has not been approved and they have not made a request. The matter before them now is for annexation. The idea behind the annexation petition is that would then allow water to the area. as part of the Village services, and the DOT requires water before they7l consider the site. L Hall said she does not want to miss the meeting where they apply to go there, and Supv Varvayanis said if the annexation goes through, the land would be part of the village and they would be responsible for whatever happens with the DOT. Atty Perkins said if the property remains part of the town and they get water and sewer service from the Town, it will be a Town approval process. L Hall said she understood the school was against the DOT going there, and asked Nvho the school would be dealing with. Cl Grantham said they are currently getting information from the County and the DOT. M Robertson said the school doesn't have a vote, and Supv Varvayanis explained that the effect on school districts is one of things that has to be specifically considered in the stage law. She said that Barbara Blanchard will be visiting the school on Monday to discuss the project and the tax issue. Supv Varvayanis said the Town and Village Boards who do have a. say in the matter can look at the resolution the school board passed and take it into consideration. M Robertson said that the County would like everybody involved to be satisfied and heard, but procedurally, it was just an informal resolution that they didn't like what they heard and they had no information. Supv Varvayanis said that one reason he is not ready to vote is the school district is still gathering information and the Town is still gathering information and the attorneys are still talking, and it seems foolish to vote at this point. Fred Apker said he does not think the information is being dispersed to the citizens in the area, and he doesn't think the Town, Village and County seem to be giving each other information in a timely manner. He is disappointed in what is happening, and he might be living next to it. He has attended a lot of town board meetings trying to get information. He has read the Country's minutes, and the Town's minutes. There was one proposal for taxation on the property in Ithaca, where they might give money to Dryden. It was something being negotiated between the City and the Ithaca City School District to give money to Dryden if DOT moved here and they got taxable property down there. He said he would not trust an intermunicipal agreement at this point because of the lack of information sharing, that it would be foolish to even propose something. He read this in the July 15 county board meeting minutes and said the only one questioning things was Mike Lane at the time. There are a lot: of things going on that people don't know about, including the citizens that live in the area. At some point there should be some sort of meeting where things are explained. He attended a O meeting a long time ago where there were three proposals. One was closer to Ithaca and seemed to be the best proposal for the site, and all of a sudden he read that DOT is possibly Page 6 of 14 TB 4 -10 -03 going in behind his house. And it. wemq almost a done deal the way its talked about. He said he thinks a lot of people wiJ1 have to get together to resolve -hat's happening and he appreciates that Atty Perkins went over the d.ocuTnent closely so that if it dial go through, people like himself couldn't sue and hold it up even longer. He said that Atty Perkins is really doing a service to the County, though they don't appreciate it, if DCY.l' gees in next door to him and it's good for the i=amunity then fine. If the Town puts water through, he doesn't need it but everyone else w is .it; he 11 pay his share Ire €_ause he's part of the zone. He said if you're goilig to develop an area you don't do it in little pieces, you do it geographically or by some sort or road boundary or sx)met�t.ing_ 1 Grantham I:old Mr_ Apker he had. sunuua ized a lot cf the board's c €rncerns_ M. Robertson asked if NIT Apker attended the Town Board meeting on August 13 and he replied that he was the only non - political persori to spear and did not come prepared to hear what he heard. She asked Mr Apker what information he wanted and he said he didn't know what he needed because he didn't know what was happens g. Supv Varvayanis said there are' a number of things going on_ The DOT technically is separate from the annexation, however in the annexation petition, they brought: up all the' benefits that would accrue if the DOT carne. Sea if they are going to consider the benefits of having the DOT here and eyxiending Che water, etc, they have to then consider what may or may not happen with the D'- After all the considerations are done, if the property is annexed to the Village, the Village would then have l:n begin reviewing the project itself. It would l*1 property in the Village, so any review would be done at the Village level, Cl Oranthim said if the property is not atmexed to the Village, the decisions an thE! project would re3nain with they Town_ The Town is presently doir an engneering study on wager and sewer far that area, so we know what that would cost and how it can be done_ (There is presently a 6%e%ver district there.) upv Varvayams exphiined the other alternative that could still make the DOT possihlee since= they claim what they need is water (and what seems to be driving the annexation petition), it; the Thum is currentJy looking at setting up a water district that is coterminous with the current sewer district. If a water district is ,yet up, it still mar be possible for they DDT to go there, whelJaer or not the property is annexed, and in that case site plan approval will rest with the 'Town, la red Apker asked if the Town should even consider that ix, the annexation process. Supv Varvayanis said that now then town is studying the water district as a separate issue, but if the water distrirl: is approved and the annexaEon is rejected, the DOT might still want. to go I.riere. The DOT has not made any formal application to anybody; there is nothing official. L I•Iall said she is concerned. She is in the Villages and they are suppased to let residents know when something like tltas is happening, g, and that's why she is here asking questions. She asked what happened to the rite on Harishaw Road near the Isader park. Supv 'Varvayanis said that site doesn't have water or sewer and to get inter and sewer there it would cost more than what their budget wits. There was of ec6on from people in the neighborhood to watex and sewer. it wad also iii a urklque natural azCa. Mike Lane said it was nest a unique natural area, that it was a muc11 better site That it was the opposition of the Town. There was pateritial to bring water and sewer to the trailer park and parks in that area. He said Supv Varvayanis thought it was a better location to put it north of the Village and made they suggestion for that, He sail the DOT is looking at the present site because that's where the Town wants it_ Page 7 of 14 TB 9 -10-03 ® Cl Grantham said the Torun gave the County and the DOT several possible sites that they thought were worth looking at. M Lane said he remembered the meetings that the Town had to make sure everyone in the Hanshaw Road area knew about it, and folks here are saying why don't: you extend that same kind of courtesy to them. Village residents are in the Town and deserve the same kind of notice. M Robertson said there was no notice; that citizens got involved in and found out what was going on. There was no communication from the Town. Supv Varvayanis said we are looking now at a MA Zone. This is the type of thing that Town Boards since the early sixties said they wanted to go into that location. There is now a review of the master plan and nobody is suggesting changing the zoning of that area. He did make a suggestion that what: the County and the State do should comply with local zoning laws and he doesn't see anything wrong with that. M Lane said that he wanted point out that what is being encouraged to go into that area is a non - taxable entity on some of the most developable land is potentially in an empire zone. He said Mr Apker is right when he brings up the idea of tax sharing; that should have been in the memorandum of understanding (MOU). M Robertson said that is going to be in the MOU. Supv Varvayanis said the MOU has not been signed, so how can they argue about what.'s in it. If it's not signed it doesn't exist. He hasn't even seen it. M Robertson said there is an MOU between the County and the DOT which was necessary to secure the funding from the State before they could take jury fizrther steps. The intention is to come up with a rational way of deciding the proper assessment and tax sharing. It is in the public record and it will get done. Supv Varvayanis said he knows municipalities can do tax sharing, but Dryden's tax rate pales next to the school's raise and asked if their was a system for school districts to share takes. M Robertson said we write any agreement that we want. Supv Varvayanis said he thinks that is part: of the problem the Town's attorney is having with the County's attorney; he doesn't think we can just write any agreement we want. M Robertson said certainly the school district will be considered, F Apker said we have to assume the property will be developed and there could be a park, and asked if there is something that is being set up for the area now. The City of Ithaca could say let's make it something else, and there wouldn't be any tax money. As a Town he would not want to sign something that said he would get some tax money when he doesn't have any vote on what goes on with that property. And as a resident of the City of Ithaca he wouldn't want: somebody else getting tax money for what he wvas providing services for. He thinks that should be a moot point. They are gaining taxable property, we are losing valuable taxable property and if it comes down to it, he would have to vote no. There is a lot at stake here and there needs to be a. lot of information dispersed to a lot of people. He has attended a. lot of meetings and he doesn't feel comfortable. Supv Varvayanis said that is why the Town is still trying to get information and is not ready to vote. F Apker said he appreciates what the Town is doing. 1., Hall said she has a real concern about the DOT going in that location for a lot of reasons the board has already heard. She asked that the Town, Village and County really think this through because it would be a terrible situation to even consider that area. She is Onot against developing the area, but she doesn't want to see that kind of thing there. Page 8 of 14 TS 9 -10=03 is Supv Varvayanis asked if she thought the area needed to rezoned, that if the residents don't want it to be a manufacturing area, the zoning needs to be changed. ZO Slater said it was RC before it was changed to MA in 1985. M Robertson asked L Hall if she had seen the sketch plan and she replied that she had and was not impressed. L Hall said the wetlands were an issue at one point. Supv Varvayanis said now that would be part of the site plan approval. L Hall said she appreciated the information she had received. M Robertson asked Cl Grantham to explain about another site that was suggested. Cl Grantham said the Town had suggested several places in Town that included Hanshaw Road, but the other side of Route 13 cohere there is an MA Zone already and some of those kinds of businesses. They suggested the area at Route 366 and Route 13, and behind the Town's garage, and north of the Village because it is an MA Zone. Supv Varvayanis said the Town gave them areas that for what the DOT wanted to do were compatible with what the Zoning requirements were. Cl Grantham said another site that was looked at was Hanshaw Road and Route 13, but close to Route 13, a parcel of land that Cornell owns, so the DOT could be an out of district water user without too much exTense. The DOT looked at those sites and compared it to a list of criteria they had for a site and the area they were most interested in was the one north of the Village. Supv Varvayanis explained that the site behind the Town's Highway garage had been considered, but it would mean rezoning the area, or a variance. Cl Grantham said residents in the area did not want it. Supv Varvayanis said if the citizens weren't interested, the Village wasn't interested. COUNTY BRIEFING Martha Robertson said Joyce Gerbasi's term will soon be up on the Environmental Management: Council and the Town will need to decide how to replace .her. The Town will also receive a letter about the Community Commercial Center Revitalization Grants and applications and guidelines. The deadline is October 3 and this will be the only round of grants for 2003. Eligible communities in Dryden are the Village of Dryden, and hamlets of Etna and Varna, as well as other communities. M Robertson said she urges communities to apply this year because there may not be funding in the future. With respect: to the Country budget, the program committees will be reviewing the budget in detail, and then it goes to the full legislature. So far the sense of board members has been to stay fairly close to Steve Whicher's recommendation, 26% tax rate increase. People are looking for ways to bring it down further and so far she hasn't seen much appetite from other legislatures for the 5% scenario. The feeling is that serious cuts were made last year and there are demands they have no control over and to cut much further would mean that taxpayers are upset: with the services they receive. She said at the same time they are all extremely upset with that kind of tax rate increase. Last year they started with a recommendation of a 22% tax rate increase and ended up with a 13.4% increase. She said they are interested in people's opinions and suggestions. Tomorrow in Health and Human Services they will be looking at the Office for the Aging and DSS and on Thursday they will look at the Youth Bureau and Human Services Coalition. Mike Lane said M Robertson gave a good summary of the budget process and added that usually when going through the program committees it is common for the committees to support the request of the departments or actually change the administrators request for them to go up. He has seen both in the committees he has had budget meetings with. The big money is in public works, the health and human services area and in public safety. Those are vital things that most people expect county government to be responsible for. Six years ago they were talking about decreasing; taxes or having a zero percent increase, and now they are Page 9 of l4 T6 9 -10=03 talking about a 5% increase being a base indicates what has happened <n 9 -11 in this caurL and i.n the State of New nr1c- Fie said if we are I't� 1' (3c�u*n try a +ery small tax rate increase they will have to lay off as many as 80 people and probably cut hack on the herffs rood patrols %ubsi;anlially, They pTobably would seop inspecling restaurant -% �riri septic tar�lks and other things and leave it up to the State to do. There would be cuts in social services as well. He said people will accuse them of putting out the things you really don't watt to lose, and not going after the things that you really can low, buI eveTythinge They dry has lf,% pzoponents. A typical example is the recreation partnership. He is glad to report fine Cotmty voted to retain Its membership in the Tec_rea.6on partn.ers&ip, thous it hasn't voted on a dollar figure contribution yet, they did vote to support continuation of the recreati.un partnership- The Oouniy did pass a resolution regarding off track betting. That means that there will be off track betting in Tompliins County unlew citizens petition through a permissive referendum process to 1iave a vote. That happened in 1979 and in 1992- In less that 45 days trioy will have to gather 2 800 signatu.Te% if they want that to happen. If the referendum 18 requested, the County can hold a special election at a cost of $40,000 to $50,900 or it can wait and put it on the ballot ui November of 2004, In any event, there will be no OTB money until after it has been approved by the vnter;- M. Robertson said she found out fzom the Health Department today 1:hey will see about contracting with Soil and Wal:er for septic inspection and they will work up prices. As far as the Counily eliminating the environmental health division and having the towns take over inspections, etc. she was told that there would have to be a referendum and ail of the towns would have to vote to accept the responsibility for the county to) close the environmental he�Jth deparr:nent. She pointed out d-iat in cutting programN, it is not a popularity contest. They have to is look at tie ripple effects, and often a cut results in more expense than M;� Iiatah ng the program. For example, for the $38,000 the County pays into the recreation partnership, it leverages a much greater sum- If the County pxulled its funding, and'riwms followed suit because they could not make up the differ rice, the partnership would likely dissolve, and the years of haul work and cooperation that went ii) to it would have been wasted. M Lane .said she was Tight and an example is that if the County lays sameon.e off, they have to pay the equivalent of QMh of that salary the following year in benefits. F Apker suggested Lhat perhaps the state offered &ome early retirement incentives sonae people would retire and the county wouldn't be faced vwith layoffs and the connected expenses. M Lane said that he wouldnpt accept early retirement unless 1]ae departmentzi came with a plan. They tell them if someone applies for early re tirement the department has got to show how they wM have permanent savings from it, Robertson said that citizens l hat are concerned about their property taxes should write to the GoveMor because its federal and skate mandates and cuts that are causing the increase at the county level.- COUNCIL PRIVILEGE Cl Gra.n.tham has contacted the DEC about funding opporturdties for things such as septic inspections. It would be due September 30 and this Uid of project would be eligible, their big emphasis i 3 stormwater, and the person she spoke with dirin't know how likely it would be funded, but funding could be requested to start our own septic inspection program. She: will go ahead and try and do the application, It would be a dollar for dollar match (in kind services would qualify)- Cl Gran tbam will write the application- The money would no t: have to be accepted if the grant was funded. ,Page 10 of 14 TB 9 -10 -03 ® RESOLUTION # 135 - AUTHORIZE SUPERVISOR TO SIGN GRANT APPLICATION FOR FUNDING FOR SEPTIC INSPECTION PROGRAM Cl Stelick offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the supervisor to sign a grant application for funding for the town to start a septic inspection program. 2nd Cl Grantham Roll Call Vote Cl Stelick Yes Supv Varvayanis Yes Cl Grantham Yes Cl Grantham explained that we have this opportunity that we agreed to take with the Genessee Finger lakes Planning; Council to write a local law or laws on watershed, specifically erosion and sediment control. We are required to write the local laws because of the stormwater phase Il regulations that we are subject to. They are doing; it for free because they have a department of state grant. The planner wants to meet with us and Cl Grantham suggested the second October board meeting. He will make a presentation about what they hope to do and what they need from us. She asked that it be planed on the agenda for next month. Kate Hackett has contacted Cl Grantham and Todd Miller about the Virgil Creek Aquifer study. She is staff support for the County's Planning Committee and they are talking about how much and how to get funding to contribute to the Virgil Creek Aquifer Study. They are ® looking for $50,000 to $70,000 maybe in 2005, nothing in 2004. She is asking if there is a discreet piece of the project that they can pay for. K Hackett if we wanted to keep the project for the same length of time and reduce the amount of money we spend per year or reduce the length of the project. Cl Grantham told her reduce the length of the project. Ed Bugliosi who is the chief of the Ithaca subdistrict of the USGS and Todd Miller who is the scientist at USGS working on the aquifer study are going to Albany next week to talk to DEC about their annual cooperative agreement. They have the same type of agreement with the DEC as they have with us and each year they figure out what they are going to work on. Two years in a row Cl Grantham has asked the DEC for money for the Virgil Creek Aquifer Study because it is in the top few on their list of important: aquifers in the State. They have never written bark. E Bugliosi and T Miller are going to suggest: that part of the cooperative agreement between USGS and DEC include some money for the Virgil Creek Aquifer Study. Cl Grantham received an e-mail from Susan Ashdown about the Wawak project:. Her property is adjacent to Mr Wawak's apartment complex. Mr Wawak was supposed to leave vegetation near the railroad right -of -way, but she says he has bulldozed the full section of the right: -of -way belonging to him and a swath about 10 -15 feet wide connecting his land to the old road that goes between the right -of -way and the Cornell fields. Cl Grantham said in his permit he was supposed to maintain vegetation and there wasn't anything about him bulldozing a swath from the apartment complex to the railroad grade and he was supposed to leave as much vegetation as he could between his buildings and the surrounding properties and the railroad grade as buffers, anticipating that someday it may be a recreational txail. ZO Slater said there had been a couple of inquiries back in August when he first did that. What Mr Wawak did was improve the trail area and the surface of it across the back of his property, and he did make a connecting path to his complex and he also has made a couple of picnic areas off the trail behind his buildings. Cl Grantham asked if there was still a good O buffer of vegetation between his property and the adjacent properties and if there was still a buffer between the trail and his development. ZO Slater for a large portion of it there is, except Page l l of 14 TB 9 -10 -03 where he made the trail connect to his complex for the use of the people living there to access the trail and to put: a water way in. ZO Slater suggested that C1 Grantham meet with Mr Wawak to look the site over and she said she would come up with a time to do that. ZO Slater said that he believed the improvements that: were made are beneficial to the community in general in terms of use of the trail if it does become a public trail. He believes Mr Wawak was trying to do his part to contribute to the development: of the community trail. ZO Slater said there was a maintain vegetation clause for the setback area. HIGHWAY DEPARTMENT Jack Bush informed the board that he had met with Craig Schutt and the Highway Superintendents from Danby and Newfield regarding the salt storage grant application. Cl Grantham said she had e- mailed Todd Miller and asked if he had any data about the groundwater system here that would help reinforce that application. She said anything about stormwater should be emphasized in the application. ATTORNEY Atty Perkins said that a couple years ago the Dryden Caroline Drifters Snowmobile Club wanted the Town to indicate that they had no problem with them using portions of Signal Tower Road and Tehan Road (designated as seasonal limited use highways) as part of their snowmobile trail, and the outside banks of Tehan Road, not the actual paved part but the bank where the snow gets pushed. They have asked that the Town give them another indication apparently for some funding that they get from the State. He asked if the Town was still of the same position. J Bush said he had no problem with it. RESOLUTION #136 - SUPPORT DRYDEN CAROLINE DRIFTERS SNOWMOBILE CLUB APPLICATION Cl Stelick offered the following resolution and asked for its adoption: RESOLVED, that this Town Board does hereby support the Dryden Caroline Drifters Snowmobile Club application. 2n,d Cl Grantham Roll Call Vote Cl Stelick Supv Varvayanis Cl Grantham Yes Yes Yes Atty Perkins said last week the board talked about the status of the comprehensive plan and he reviewed the procedure to be followed in order to approve it. The Planning Board, who is charged with preparing the comprehensive plan, must hold a public hearing on the plan. After that the Planning Board, if they are so inclined, has to recommend the proposed plan or amendment to the Town Board. Within 90 days of receipt of that recommendation the Town Board must hold a public hearing on the plan. It must also be referred to the Tompkins County Planning Department. The Board should also be aware that SEQR at ,some point will have to be complied with, Atty Perkins said there is a requirement: in the Town Law that the comprehensive plan must take into account the Tompkins County Farm Land Protection Plan, Atty Perkins will get in touch with George Frantz and see if it does or if they need to add something. After these steps and it is approved, a copy has to be filed with the Town Clerk and the Tompkins County Planning Department. Cl Grantham said the Planning Board has held some informational meetings and what they want is some feedback from the Town Board. Cl Grantham said she thought she had seen Page 12 of 14 TB 9 -1 0-03 a §239 1 and m letter from the County, but apparently it's not valid, so they'll need to do it again. The board in April addressed the request of Todd and Diane TenKate to subordinate the diminishing lien (CDBG grant) to a new first mortgage of $72,000. At that time the analysis was that when they got into the DCBG program there was about $81,000 in debt against the property ($64,000 Beneficial first mortgage, $5,125 to the Town in a second mortgage and the diminishing lien over ten years of $11,874). The proposed restructuring of the financing would have given them a new mortgage for $72,000. The diminishing lien would be $8,312, there would be about $80,312 lien against the property. The board approved the Town subordinating its diminishing lien on the condition they paid off the Town's mortgage. Atty Perkins heard nothing from them or their mortgage banker until June 24 at which time he was told they were borrowing $82,000 from Flagstar Bank. After advising the TenKates that the bank wanted the town to prepare the subordination agreement and we would charge them for that, Atty Perkins faxed the proposed agreement on July 1. He heard nothing until August 4 when he heard from the bank's attorney wanting some changes to the subordination agreement. He made the changes and faxed it back on August 6. On August 7 a legal assistant called and said the changes weren't right and the attorney would contact Atty Perkins. Five days later he called and they worked out the details. The revised agreement was sent on August 14. On September 8 the legal assistant called again and said the agreement was okay, but now the amount had gone from $72,000 to $82,000 to $94,500. Subsequent to that phone call Mrs. TenKate called Atty Perkins and Supv Varvayanis and said it was $99,750. The property is assessed at $65,000 and their appraisal is $105,0001 After discussion, it was the position of the board that the Town would not subordinate under these terms. This is a substantially different amount than the $72,000 amount that was originally discussed. TenKates have only offered to pay one of the amounts owed the town, not the diminishing lien money. Supv Varvayanis said that before their total debt stayed about the same and their interest rate dropped, now they are taking out $27,000 more. RESOLUTION # 137 - TENKATE SUBORDINATION Cl Grantham offered the following resolution and asked for its adoption: RESOLVED, that this Town Board will subordinate its lien in the amount of $11,874.00 on property owned by Todd & Diane TenKate, providing the total amount of the first mortgage does not exceed $72,000 and the second mortgage in the amount of $5,125 to the Town of Dryden is paid off, and authorizes the Supervisor to sign necessary documents, subject to review by the Town Attorney, 211d Cl Stelick Roll Call Vote Cl Stelick Yes Supv Varvayanis Yes Cl Grantham Yes Atty Perkins will contact the TenKate's mortgage company. TOWN CLERK Cl Grantham has requested some changes in the minutes and B Hollenbeck will get those changes to Board members. Town Clerk distributed memos to board members regarding the upcoming contract with the SPCA and a proposed cable franchise agreement with Time Warner. The Board asked that Natan Huffan receive a ropy of the proposed franchise agreement. Nage 13 of 14 Ts 9= 10.03 is ENGINEERING Dave Herrick said the bids have come in the for the phosphorus removal project at the SJS facility and they are about 10" /o over the original amount budgeted for the work. The Town of Ithaca has scheduled a public hearing; to entertain having to spend more money on the project. The Town of Dryden is looking at approximately a $6,600 in the local share of the project, making the total commitment to the project about $33,000. The urgency in getting approvals from all the partners is so that the 45 day clause in the bidding documents does not expire and release some of the bidders from their proposals. Bids were opened on August 19. Larry Fabbroni has distributed the results put together by Sterns & Wheler describing what the overages are and what the reasons are for it and the involved municipalities are being asked to approve spending additional monies. The project is 850K) funded by the state. $33,000 represents the Town's local share ($88,070.41 if there was no state funding). Atty Perkins will investigate the matter, decide whether a public hearing needs to be held, and report to the board next week. Dave Herrick said ghat if construction begins this fall the earliest payment requests from contractors would be in early December. There was discussion whether to raise all or part of the amount on the 2004 tax bills for the benefitt:ed properties, and Atty Perkins said as long as the Town has what it anticipates to be it's maximum local share, he would approve the $88,000 and raise the $33,000. D Herrick emphasized there was a timing issue in getting; approval within the 45 day period. ZONING OFFICER ZO Slater reported that the Virgil Creek Project is progressing and it must be completed by October 1 according to DEC regulations. They lost work time last week due to the rainfall and a road had to be built in to the site, so they are behind a week in spite of the fact the crews are working 50 hours a week. They will have to ask for an extension on the October 1 deadline, and will ask for the maximum amount (to October 15). He said is pretty confident they will grant an extension until at least. October 10. Board members have the zoning officer's monthly report. On motion made, seconded and unanimously carried, the meeting was adjourned at 10:23 p.m. Respectfully submitted, Bambi L. Hollenbeck Town Clerk Page 14 of 14 � a m w w J Y Y Y Z w E .. a 0 Z) ¢ a °a a o LL E W8 08' �8 Pm �8 gcf F8 �8 �8 0$ 08 o8 4) Q yyq� m z�' o�S we vwi w`�D � U w w Q, w d co U C9 0 0 (r O Z U X m O d d Q O C=7 a CY d d n z z z z z z z z z z z i = O U U U U U U U U U U U Y r r >W } r } r } } a a a a a a It a a w a 0 0 0 0 0 0 0 0 0 0 0 Q I-- Ism F— low F— 1� m z Z z z z z z z z z z O w W w w w W w w w w > > > > > > > > > > z z z z z z z z z z 2 o a EL w 0 ca W w C) w > Q 0 a o t E O a 0 ¢ ran z z j 0 a Q v z co 0 2:' 3 m 0 EL 3 � C U O OJ o v L m d2 w m w w Q Q J J C w Q 0 0 i m a Q ;t > 4b t z a o a c� nc C v v C' w C Q a z z o u is 3 D ] Y Y Y Y Y Y Y Y O aNi U y > > j > > (r > U7 > ~ ►of- am U) r F- 0 r 0 tL LL. 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