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HomeMy WebLinkAbout2004-04-08'rB 4 -S -G4 Present: Elected Officials: TOWN OF DRYDEN TOWN BOARD MEETING DRYDEN FIRE STATION APRIL 8, 2004 Supv Steven Trumbull, Cl Stephen Stelick, Jr., Cl Martin Christofferson, Cl Christopher Michaels, Cl Michael Hattery Bambi L. Hollenbeck, Town Clerk Jack Bush, Highway Superintendent Other Town Staff: Mahlon R. Perkins: Town Attorney Henry Slater, 7_oninS Officer Jennifer Glaab, Recreation Coordinator Debbie Gross, Fnvirontnental Planner Dave Putnam. TG Miller, Engineering Supv Trumbull opened the meeting and led board members and guests in the pledge of allegiance. He explained there would be a change in the order of the agenda and the first item would be presentation by Robert Barber of McNeil & Company of a length of service award program available to members of volunteer fire departments. Doug Cotterill of the Cotterill Agency introduced Bob Barber and Pete; Brown from Emergency Services Insurance Program (ESIP) and explained they were here to talk about a length of service award program (LOSAP) for the volunteer fire-fighters within the Town. This program is designed to help attract volunteers and retain them after they become experienced. Bob Barber talked about a defined contribution program where the Town would choose to contribute an amount (between $1.20 and $4$0) for each year of service and benefits would be paid out similar to a 401(k) program. To implement the program censuses need to be obtained from the fire departments. Under current legislation the Town could buy back years of service. When the proposal is prepared, it will include options for current service and what it would cost to buy back up to five years (that could be amortized over a period of time). The Town will need to determine its contribution level in order for them to come up with a final proposal. A 60% majority vote of the board is required to pass a service award legislation and a public referendum needs to be held. B Barber said they would be willing to attend public information meetings. When the Board elects to implement the plan, individual members will be enrolled. He said it is a very straight forward program. He distributed to board members how the state determines active members. The Town would act as the plan sponsor. The fire department manages the point: system. The Chief certifies the list, posts it for 30 days and delivers it to the town. All departments in the Town would be covered if the plan is approved. Cl Stefick suggested that he and Cl Michaels meet. the Departments to discuss the point system and with B Barber and D Cotterill to discuss the program and potential costs. Cl Michaels said it seems the Town needs only to decide whether or not to fund it and what to do about buy- back. They could also make changes to the sample New York point system, but can not exceed the maximum allowed by law. B Barber will provide a copy of a sample plan. Some rough calculations were made based on an old census for Neptune, using a $240 contribution and 5 year bu y back, and it totaled around $25,000 for Neptune only. All departments would be included with the exception of McLean because it is its own district. The board will discuss this further when more concrete figures are obtained. Page I of 26 r r °4 t TR 4 -8 -04 PUBLIC HEARING REPEALING LOCAL LAW #4 -1983 AND RE- ESTABLISHING THE CORTLAND ROAD SEWER DISTRICT SEWER RENT LAW Supv Trumbull opened the public hearing at 7:35 p.m. and Town Clerk read the notice published in The Ithaca Journal on March 29, 2004. Atty Perkins explained that the current basis for charging sewer rents in the Cortland Road Sewer District is on a unit basis. The Village of Dryden doesn't bill on a unit basis, but; on a water consumption basis. What they have asked the Town to do on behalf of the Cortland Road Sewer District: is to conform the way the Town charges sewer rents to the way they actually bill. This local law would repeal the old way of doing it and establish the new way, based on consumption. All premises in the district are connected to water meters whether they are on public water or not and this will establish a sewer rent based on the amount of water that goes through the water meter. 'There is a chart in Section 6(b) that sets a minimum bill for the first 1,250 gallons, then a rate per thousand thereafter, changing in increments. This is 1.25% of the Village rage and the reason is that historically the contract between the Village and the Cortland Road Sewer District provided that: the Village would provide wastewater services but that customers in the district would pay at least rate and one - quarter. What this local law does is make that true based on a water consumption basis as opposed to a unit basis. It also establishes payment de.tes and so forth, all consistent with the prior local law, which is being appealed. And it is consistent: with the other sewer rent laces that apply to the other sewer districts in the Town. For example, the Town has a 20 day period before late charges are applied and the reason for that is that the Town has to pay the Village for the sewer rents and that gives us a chruice to have that money in hand and pay it without incurring a penalty to the Village (the Villago gives the Town 30 days to pay). For almost all users this change will mean a decrease in the amount they are currently paying, except for possibly TC3 and the student housing, and will put people in the district on an equal footing with people inside, the Village except for the premium that is paid because they arc outside. Atty Perkins noted this is something that was suggested many years ago and was never done, and is something that: has been recognized as a problem and became most acute when the Village had its last: rage increase, The he<u•ing was left: open at 7:47 p.m. PUBLIC HEARING PROPOSED RESOLUTION PURSUANT TO REAL PROPERTY TAX LAW §467, PROVIDING FOR SENIOR CITIZEN OR AGED EXEMPTIONS BASED ON INCOME ELIGIBIITY LEVELS Supv Trumbull opened the public hearing at 7:45 p.m. and "town Clerk read the notice published in The Ithaca Journal on March 29, 2004. Atty Perkins explained that this proposed resolution is consistent with what the Town has done for its senior citizens in the past, increasing the income limit: as State laws has :allowed that increase to be passed along. 'this resolution would raise it to the maximum levels permitted 17y the State statute. Tompkins County adopted the same limits. The hearing was left open at 7:48 p.m. Page 2 of 26 TB 4 -8 -04 • PUBLIC HEARING PROPOSED LOCAL LAW PURSUANT TO REAL PROPERTY TAX LAW §459 -C INCREASING THE EXEMPTION FOR PERSONS WITH DISABILITIES Supv Trumbull opened the public hearing at 7:48 p.m, and Town Clerk read the notice published in The Ithaca. Journal on March 29, 2004. Atty Perkins explained that this would raise the income limits to the same levels as those for senior citizens on the same graduated scheduled. The public hearing was left open at 7:50 p.m, PUBLIC HEARING IN THE MATTER OF THE PROPOSED PHOSPHOROUS 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 Trumbull opened the public hearing at 7:50 p.m. Atty Perkins said the history of this is set forth in the Order calling the public hearing. What. the board will be doing is authorizing an increased amount that is the maximum amount proposed to be expended by the ,rown because of delays caused by the bidding process and delays caused by the State of New York in getting a signed commitment for bond act funds. Because the different delays in the project the cost: keeps rising. Last: FaA the bidder wouldn't hold to his bid because of the increase in steel prices. so the project had to be re -bid. Now all the participants have to reauthorize the maximum amount proposed to be expended. The Town of Dryden's share will increase to $98,505. 'That will be paid out of current revenue. Supv 'Trumbull asked if there was any public comment. A member of the media asked for clarification of the project. Atty Perkins said it involves the construction and installation of a tertiary settling process and reinforced concrete structure at the sewer treatment plant in Ithaca to increase the percentage of the phosphorus that is removed from the effluent before it is discharged to the lake. It has been funded largely through bond act. funds. The town's portion not funded will be paid by the sewer districts. 'rhe public hearing was left open at 7:58 p.m. PUBLIC HEARING APPLICATION OF NEXTEL PARTNERS TO REPLACE AN EXISTING TELECOMMUNICATION ANTENNA AT 204 WALKER ROAD Supv Trumbull opened the public herring at: 7:58 p.m. and the 'rolvii Clerk read the notice published in The Itiur.ca Journal. Jackie Phillips- Murray, attorney for Nextel; offered to answer any outstanding questions regarding the application. She said a lot of questions have been asked and answered about t:he project, nwy are asking for permission to replace three existing whip antennas on the existing tower owned by Crown Communication at 204 Walker Road with twelve panel antennas. She noted that: the `t'own's local law favors co- location and said they believe this is the least intrusive means of providing the highest quality coverage and service to the area. This will enhance the quality of service that exists in the area. 'They have submitted photographic simulations of the facility as well as a structural analysis of the facility (prepared by a professional engineer licensed in New York State) to demonstrate that the facility is structurally capable of supporting the extra antennas. There will be no clearing. No Achanges to the tower or ground structure are necessary, Pape 3 of 26 Tf3 4 -8 -04 The panels used by Nextel are approximrately 6' x 1', 6" deep and twelve of those will be used. This will provide extra capacity for coverage and improve the qualit y of service in the area. Z.O Slater said the Board had received a recommendation from the Town's telecommunications consultant, and he feels that it: is a pretty standard request and has been made in the best interests of co- location and providing a better service to the residents of the Town of Dryden (two of the three prime goals of the 'I mvn's legislation). The tower is located more than 1500' from any residential property. Atty Perkins commented on the recommended c.ondit.ions of the telecommunications consultant saving that conditions 1 and 2 should be waived and numbers 3 and 4 should be modified and 5 should not be imposed, at least: in its present form. With respect: to condition 1, they don't believe it is something that should be part of this application. Atty Perkins said condition 2 has no relevance to this application because it is not a town -owned tower. The Town probably has no insurable interest and so should not be named as an additional insured on their liability policy. With respect to condition 3, he believes it should read that a $25,000 removal bond in form and sureh-v satisfactory to the Town be filed with the Town before the permit is issued. lie said with respect to condition 4, he does not believe that Mr Comi needs to be involved in the structural review and that it should read that a professional engineer, with the assistance of Nextel, shall complete a review of the structural integrity of the tower and certify that to the Town. Atty Perkins said condition 5 has to do with the fees, and if the board is inclined to propose any condition, he suggests that it: be that the applicant pay, after a complete; audit of what. has been paid and billed so far, any reasonable fees that have not yet: been paid or might be owed. A11y Perkins explained that if the Board approves the application, they could waive the requirement that a. propagation signal strength study be provided, waive providing the Town with a certificate of insurance, and impose the other three conditions. J Phillips - Murray said Lhey had looked into the :actual cost for having the antenna panels removed. Nextel currently has a $10,000 removal bond in place, and their engineer has said th,:tt it would not cost more than $102000 to remove the twelve panels. Anthony Bakos, who lives near the tower. J Phillips - Murray said they liTnits for power density for the facility. antennas on the tower, and concludes frequency exposure is under Federal be the site, asked about the health risks associated x-N•-rith arc, required by federal la�v to conform to the Federal Their study includes a cumulative review of all the that they are aL a fraction of what the permissible radio .w. Nextel inspects the site once a month. Supv Trumbull closed 8.11 the public hearings at g :15 p.m. RESOLUTION #60 - ADOPT LOCAL LAW 132 -2004 - RE- ESTABLISHING THE CORTLAND ROAD SEWER DISTRICT RENT LAW Cl Christofferson offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby adopts Local Law No. 2 of 2004 as follows and the Town Clerk is directed to file the same with the Secretary of State of the State of New York: SECT'ION 1. 'TITLE. This local law shall be known as the Town of Dryden Cortland Road Sewer District Sewer Rent Law. Palle 4 of 26 T13 44-04 • SECTION 2. AUTHORITY. This sewer rent law is enacted pursuant: to Article 14 -F of the New York General Municipal Law. SEC," C10N 3. APPLICATION. This sewer rent law shall apply to the Cortland Road Sewer District, any future sewer district extensions or sever districts established by the Town Board of the Town of Dryden which collect and transport, in whole or in part, wastewater from its origin via any such sewer system to the Village of Dr3-rclen Wastewater Treatment Facility. SEC'T'ION (1) Billing of 4. BASIS OF THE CHARGE April 15; July OF SEWER bill shall be RENTS. quarter. The basis of the charge for sewer rents shall be on the consumption of water on the premises connected with and served by the sewer system. Water shall be measured by means of a water meter and shall include all water furnished the premises. In the event that there is no water meter connected to the premises served by the sewer syst:ern then a minimum sewer rent shall be charged and collected as hereinafter provided. SECTION 5, PAYMENT DATES; PENAL'i'IES, AND ENFORCEMI9 NT. (2) Payment of the sewer rents shall be made within 20 clays of billing without penalty. (3) Any payment received after 20 days of billing shall include a .10% penalty of the amount due. (4) On October 1 of each year, the amounts of all past due bills, plus penalties, shall be ® certified by the Town Clerk and shall be collected and enforced in the same manner and at the same time as provided by law for the collection and enforcement of Town taxes. SEC'T'ION 6. CALCULATION OF SEW1�R RENT. The district shall charge and collect for the use of the sewer system the sewer rent: rates as provided in this local law, In computing the sewer rent, the following shall apply: (a.) The water meter for the premises connected to the sewer system shall be read and the water consumption computed for each billing period. (b) (1) Billing of sewer rents shall he quarterly with bills due on January 1.5; April 15; July 15; and Oot:ober 15. Each bill shall be for the preceding quarter. (2) Payment of the sewer rents shall be made within 20 clays of billing without penalty. (3) Any payment received after 20 days of billing shall include a .10% penalty of the amount due. (4) On October 1 of each year, the amounts of all past due bills, plus penalties, shall be ® certified by the Town Clerk and shall be collected and enforced in the same manner and at the same time as provided by law for the collection and enforcement of Town taxes. SEC'T'ION 6. CALCULATION OF SEW1�R RENT. The district shall charge and collect for the use of the sewer system the sewer rent: rates as provided in this local law, In computing the sewer rent, the following shall apply: (a.) The water meter for the premises connected to the sewer system shall be read and the water consumption computed for each billing period. (b) Based upon the water usage, the calculation of the sewer rent shall be made by multiplying the number of gallons consumed in the billing period by the rates set forth herein. The product: shall be the sewer rent for the billing period. $46.25 AMOUNT OF WATER USAGE RATE First 1250 gallons $46.25 (minimum bill) Next 13750 gallons $ 2.94 per thousand or part thereof Next 25000 gallons $ 3.44 per thousand or part thereof Next 20000 gallons $ 3.69 per thousand or part thereof Next 40000 gallons $ 3.94 per thousand or part thereof Thereafter $ 4.19 per thousand or part. thereof Page 5 ol'26 TB 4 -8 -04 (c) In the event that the product. computed according to sub - section (b) above is less than $46.25 then the bill shall be rounded up to $46.25 which shall be a minimum bill for each billing period. In the event the premises are not connected to a water meter, then a minimum bill as set forth herein shall be imposed for each billing period, until such time as a water mater is installed. All premises served by the sewer system shall have a water meter installed within three (3) months of connection of the premises to the sewer system. SECTION i. SEWER RENT FUND. (A) Revenues derived from sewer rents, including penalties, shall be credited to a special fund for the sewer district, to be known as the "Cortland Road Sewer District Sewer Rent Fund._ Monies in such fund shall be used in the following order: (1) For the payment of the costs of operation, maintenance, and repairs of the sewer systern or such part or parts thereof for which sewer rents have been established and imposed. (2) For the payment: of the interest on and amortization of, or payment of, indebtedness which has been or shall be incurred for the construction of sewage treatment and disposal works with necessary appurtenances including pumping stations, or for the extension, enlargement, or replacement of, or addition to, such sewer system, or part or parts thereof. (3) For transportation charges imposed by any other municipality or entity for the transport of sewage via such other municipalities sewer mains, interceptors or lines. (B) Such revenues from sewer rents shall not be used (1) to finance the cost of any extension or any part of a sewer system (other than any sewage treatment or disposal works with necessary appurtenances including pumping stations) to serve unsewered areas if such part has been constructed wholly or partly at the expense of the real property especially benefitt:ed, or (2) for the payment: of the interest on, and the amortization or payment of, indebtedness which is to be paid in the first instance from assessments upon the benefitted real property. SECTION 8. REPEALER. Local Law No. 4 of the year 1983 adopted by the 'Town Board on June 29, 1983 and filed with the Secretary of State on July 18, 1983 is hereby repealed, <.xcept that such repeal shall not effect any sewer rents accrued as of March 31, 2(704. SECTION 9. EFFECTIVE DATE. This local law shall take effect upon filing with the Secretary of State and the compliance tvit.h the provisions of the New York. General Municipal I,aw, and for all billing periods which begin on and after April 15, 2004, 2nd Supv Trumbull Roll Call Vote CI Steliek Yes Cl Christofferson Yes Supv'Trumbull Yes Cl Michaels Yes Cl Hattery Yes RESOLUTION #61 - INCREASE INCOME LIMITS FOR SENIOR TAX EXEMPTION Cl Hattery offered the following resolution. and asked for its adoption: Page 6 of26 TB 4 -8 -04 WHEREAS, Real Property Tax Law §467 permits the Town Board to adopt a resolution partially exempting from taxation by the Town certain real property within the Town owned by persons sixty -five (65) years of age or over, and WHEREAS, the Real Property Tax Law provides an option for the Town to set the income eligibility levels, NOW, THEREFOR(, BE IT RESOLVED BY THE TOWN BOARD AS FOLLOWS: 1. Real property owned by one or more persons each of whom is 65 years of age or over, or real property owned by a husband and wife, one of whom is 65 years of age or over, shall be exempt by taxation by the Town of Dryden to the extent set forth in the following formula: ANNUAL INCOME Not more than $24,000 percent: 45 More than $24,000 but less than $25,000 More than $25,000 but less than $26,000 More than $26,000 but less than $27,000 More than $27,000 but less than $27,900 More than $27,900 but less than $28,800 More than $28,800 but less than $29,700 More than $29,700 but less than $30,600 More than $30,600 bur, less than $31.,500 More than $31,500 but less than $32,400 More than $32,400 PERCENTAGE ASSESSED VALUAi'ION' EXEMPT FROM TAXATION 50 percent: 45 percent 40 percent 35 percent 30 percent: 25 percent 20 percent 15 percent 10 percent 5 percent 0 percent 2. Any exemption provided in this resolution shall be computed after all other partial exemptions :allowed by law have been subtracted from the total amount assessed. 3. The real property tax exemption on real property owned by a husband and wife, one of whom is 65 years of :age or over, once granted, shall not be rescinded solely because of the death of the older spouse so long as the surviving spouse is at least 62 years of age. 4. No exemption shall be granted: (a) If the income of the owner or the combined income of the owners of the property for the income tax year immediately preceding the date of making application for exemption exceeds the runounts set forth in the formula in this resolution. Income tax vear shall mean the twelve month period for wliich the owner or owners filed a federal personal income tax return, or if no such return is tiled, the calendar year. Where title is vested in either the husband or the wife, their combined income may not exceed such sum. Such income shall include social security and retirement benefits, interest, dividends, total gain from the sale or exchange of a capital asset: which may be offset by a loss from the sale or exchange of a capital asset: in the same income Ux year, net rental income, salary or earnings, and net income from self - employment, but shall not include a return of capital, gifts or inheritances. In computing net rental income and net income from self - employment no depreciation shall be allowed for the exhaustion, wear and tear of real or personal property held for the production of income; ® (b) Unless the title of the property shall have been vested in the owner or one of the; owners of the property for at least twelve (12) consecutive months prior to the date of making application for exemption, provided, however, that in the event of the death of either a Page 7 of 26 TB 4 -8 -04 husband or wife in whose name title of the property shall have been vested at the time of death and then becomes vested solely in the survivor by virtue of devise by or descent from the deceased husband or wife, the time of ownership of the property by the deceased husband or wife shall be deemed also a time of ownership by the survivor and such ownership shall be deemed continuous for the purposes of computing such period of twelve (12) consecutive months. In the event. of a transfer by either a husband or wife to the other spouse of all or part of the title to the property, the time of ownership of the property by the transferor spouse shall be deemed also a time of ownership by the transferee spouse and such ownership shall be deemed continuous for the purposes of computing such period of twelve (12) consecutive months. Where property of the owner or owners has been acquired to replace property formerly owned by such owner or owners and taken. by eminent domain or other involuntary proceedings, except a tax sale, the period of ownership of the former property shall be combined with the period of ownership of the property for which application is made for exemption and such periods of ownership shall lx; deemed to be consecutive for purpose of this section. Where a residence is sold and replaced with another within one (1) year and both residences are within the state, the period of ownership of both properties shall be deemed consecutive for purposes of this resolution. Where the owner or owners transfer title to property which as of the date of transfer was exempt from taxation under the provision of this resolution, the reacquisition of title by such owner or owners within nine (9) months of the date of transfer shall krc deemed to satisfy the requirement of this paragraph that the title of the property shall have been vested in the owner or one of the owners for such period of twelve (12) consecutive months. Where, upon or subsequent: to the death of an owner or owners, title to property which as of the date of such death was exempt from taxation under such provisions, becomes vested, by virtue of devise or descent from the deceased owner or owners, or by transfer by any other means within nine (9) months after such death, solely in a person or persons who, at the time of such death, maintained such property as a primary residence, the requirement. of this paragraph that the title of the property shall have been vested in the owner O or one of the owners for such period of twelve (12) consecutive months shall be deemed satisfied; (c) Unless the property is used exclusively for residential purposes, provided., however, that in the event any portion of such property is not so used exclusively for residential purposes but is used for other purposes, such portion shall be suhiect: to taxation and the remaining portion only shall. be entitled to the exemption provided by this section; (d) Unless the real property is the legal residence of and is occupied in whole or in part by the owner or by all of the owners of the property, provided that an owner who is absent while receiving healtli- related c=are as an inpatient of a residential health care facility, as defined in Section 2801 of the Public Health Law, shall be deemed to remain a legal resident and an occupant of the property while so confined arid income accruing to that pe=rson shall be income only to the extent that it exceeds the amount paid by such owner, spouse, or co -owner for care in the facility; and provided further, that during such confinement such property is not occupied by other than the spouse or co -owner of si.i.ch owner. 5. The Town shall notify or cause to be notified, each person owning residential real property in the Town of the provisions of this resolution. This may be met by a notice or legend set on or with each tax bill to such persons reading "You may be eligible for senior citizen tax exemptions. Senior citizens have until (month) (day) (year) to apply for such exemptions. For information please call or write V to followed by the name; telephone number and /or address of a person or department selected to explain the provisions of this resolution. Failure to notify, or cause to be notified any person who is, in fact, eligible to receive the exemption provided by this resolution or the failure of such person to receive the same shall not prevent the levy, collection and enforcement of the payment of the taxes on property owned by such person. Page 8 of 26 TB 4 -8 -u4 • 6. Application for such exemption must be made by the owner, or all of the owrners of the property, on forms prescribed by the Office of Real Property Services and shall furnish the information and be executed in the manner required or prescribed in such forms, and shall be filed in such assessor's office on or before the taxable status date. 7. At least sixty (60) days prior to the taxable stratus date, there shall be mailed to each person who was granted an aged exemption on the latest: completed assessment roll an application form and a notice that such application must be filed on or before the taxable status date and be approved in order for the exemption to be granted. Within three (3) days of the completion and filing of the tentative assessment roll, notice by mail shall be given to any applicant who has included with his application at least. one self - addressed, pre-paid envelope, of the approval or denial of the application; provided, however, that upon the receipt and filing of the application there shall be sent by mail notification of receipt: of the same to any applicant who has included two (2) of such envelopes with the application. Where an applicant is entitled to a notice of denial such notice shall be on a form prescribed by the State Board of Equalization and Assessment zmd shalt statc the reasons for such denial and shall further state that the applicant may have such determination reviewed in the manner provided by law. Failure to mail any such application form or notices or the failure of such person to receive any of the same shall not prevent the levy, collection and enforcement: of the payment of the taxes on property owned by such person. 8. Any conviction of having made any willful false, statement in the application for such exemption, shall be punishable as set forth in Real Property Tax Law= Section 467(7). 2^d Cl Stelick Roll Call Vote Cl Stelick Yes O Cl Christofferson Yes Supv Trumbull Yes Cl klichaels Yes C1 I lattery Yes RESOLUTION #60 - ADOPT LOCAL LAW #3 -2004 - INCREASE INCOME LIMITS FOR DISABILITIES TAX EXEMPTION Cl Christofferson offered the following resolution and asked for its adoption: RESOLVED, that this'l'owrn Board hereby adopts Local Law No. 2 of 2004 as follows and the Town Clerk is directed to file the same with the Secretary of State of the State of New York: I . Section 2 of Local Law No. 2 of year 2000 of the Town of Dryden, entitled "A Local Law providing for a partial tax exemption for real property owned by persons with disabilities whose incomes are limited by reason of such disability,° as amended by Local Law No. 1 of the year 2001, is hereby further amended to read as follows: "2. Real property located in the Town of Dryden, owned by one or rnore persons each of whom is disabled and whose income is limited by reason of such disability or real property owned by husband and wife, or siblings one of whom is disabled and whose income is limited by reason of such disability shall be partially exempt from taxation by said Town ® for the applicable taxes specified in Section 459 -c based upon the income of the owner or combined income of the owners. Such partial exemption shall be to the extent set forth in the schedule following, Page 9 of 26 ANNUAL INCOME~ Not more than $24,000 percent: 4.5 More than $24,000 but less than $25,000 More than $25,000 but less than $26,000 More than $26,000 but less than $27,000 More than $27,000 but less than $27,900 More than $27,900 but less than $2$,300 More than $28,800 but less than $29,700 More than $29,700 but less than $30,600 More than $30,600 but less than $31,>00 More than $31,500 but less than $32,400 More than $32,400 follows: rrB 4 -13 -04 PERCENTAGE ASSESSED VALUATION EXP' M PT FROM TAXATION 50 percent: 4.5 percent 40 percent. 35 percent 30 percent 25 percent 20 percent 15 percent 10 percent 5 percent 0 percent" 2. Section 6 of said local Law No. 1 of the year 2001, is hereby amended to read as "This local law shall be applicable to the Town tax for assessment rolls based on taxable status dates occurring on or after January 1, 2004 and the provisions of said local laws shal I govern the granting of an exemption Linder Section 459 -c, notwithstanding any contrary provisions of that section." 31 This local law shall take effect upon filing with the Secretary of State. 211d Supv Trumbull Roll Call Vote C1 Stelick Yes Cl Christofferson Yes Supv Trumbull Yes Cl Michaels Yes Cl Hattery Yes RESOLUTION #63 - 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 Cl Michaels offered the following resolution and asked for its adoption: WHEREAS, a plan, report and map have 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 County, New York, relating to the construction, pursuant to Town Laws §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 and providing sewage treatment services for the Town sewer districts served by such sewage treatment plant, such sewer system improvement to be constructed and owned by the Town of Ithaca, ToN&M of Dryden, and the City of Ithaca, and Page 10 of 26 TB 4 -8 -04 WHEREAS, said plan, report and reap have been prepared by Stearns and Wheler, Professional 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 beneftted by said Joint Sewage Treatment Plant Phosphorus Improvement Project Consists of the entire area of said Town sewer districts served by the sewage treatment plant in t:he City of Ithaca; and WHEREAS, the proposed Joint. Sewage Treatment Phosphorus Removal Improvement: PrQiect consists of the sewer 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 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 jointly operated sewage treatment plant located at 525 Third Street, Ithaca, New York, together with associated controls, piping and other structures, and WHEREAS, a public hearing on said plan, report: and map was held by the Town Board of the Town of Dryden on July 9, 2003 at which hearing all uiterested persons in the subject were heard on the questions of providing of said Joint Sewage Treatment Phosphorus Removal Improvement project, and the question of executing any relating agreement, and WHEREAS, f'ollovving said public hearing the Town Board of the Town of Dryden adopted a Public Interest Order on July 9, 2003, approving the improvement with a maximum proposed amount: to be expended of $4,11.5,000 of which the Town of Dryden's share was not ® to exceed $81,477.00, and WHEREAS, following the construction bid opening for the improvement, the lowest responsible bids exceeded the project budget resulting in a revised total project cost, and WHEREAS, the Town Board of the 'Town of Dryden adopted an order on September l l., 2003, calling a further public hearing upon said plan, and WHEREAS, the Town board of the Town of Dryden held a public hearing on October 1, 2003 to further consider the aforesaid plan, report and map, and the question of providing said joint improvement project and the question of executing the related agreement, and WHEREAS, following said public hearing the Town Board of the Town of Dryden adopted a Public Interest Order on October 1, 2003 which approved the joint: improvement with a maximum proposed amount to be expended of $4,448,500 of which the Town of Drvden's share is not to exceed $88,070.41, and approved a plan for payment of the Town of Dryden's share, and WHEREAS, due to delays in receiving a satisfactory commitment from New York State for its anticipated funding share, the time in which the bidders on the project could be held to their bids expired and such bidders will no longer honor the amounts of their previous bids, and WHEREAS, newly revised estimates of the total project cost. result in a higher estimated maximum amount proposed to be expended, and 40 WHEREAS, the Town Board of the Town of Dryden adopted an Order on March 11, 2004, calling a further pubic hearing upon said plan, report and map including a revised estimate of cost and the question of providing of said .Joint Sewage Treatment Plant Pate I 1 cif 26 TB 4 -8 -04 Phosphorous Removal [ mprovement Project, and to hear all persons interested in the sul?ject is 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 WHERAS, notice of said public hearing was duly posted and published as required by law; and WHEREAS, said public hea_aing was duly held at: the place and at: the time aforesaid and all persons interested in the subject thereof were heard concerning the same, and WI•IEREAS, the construction of the proposed project leas heretofore 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, will not result in any significant environmental effects; and WHEREAS, it is now desired to authorize the improvement to be knokivii as the Joint Sewage Treatment Plant Phosphorus Removal Improvement Project; NOW, THCREFOR.F.,, 13E IT RESOLVED, by the Town Board of the Town of f)ryden, Tompkins County, New York, as follows: Section 1. It is hereby determined that it is in the public interest to make the sewer improverent hereinafter described and such sewer improvement: is hereby authorized. The proposed area hereby determined to be benefitted by said Joint Sewage 0 '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 of Ithaca. Section 2. The proposed improvement shall consist of construction and installation of a tertiary high rate settling process and associated reinforced concrete structure on piles at the end of the current process strewn, adjacent to the final effluent channel at the sewage treatment plant located at 525 Third Street, Ithaca, New York, operated jointly for the benefit of the City of Ithaca and the Towns of Ithaca and Dryden, together with associated controls, piping, and other structures. The Town of Dr Section 3. yden hereby authorizes the expenditure of up to $98,505.00 as the Town's share of the jointly funded project cost of $4,975,000.00 for the construction, installation, and equipping of such project and the payment of all costs incident thereto, including architects fires, consulting fees, 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 -b. Section 4. $4,975,000.00 is estimated as the maximum cost: for Project and $98,505.00 is estimated as the maximum amount of the Town's share of the cost of the Project. Section 5. The plan for the financing of the Town's share of the costs of the Project: consists of payment from surplus funds of the Town of Dryden sewer districts served by the jointly owned sewage treatment plant in the City of Ithaca to pa }' for the 0 costs of such renovation, expansion, construction and equipping costs. Page 12 of 26 Section 6. This resolution shall take effect immediately, 2nd Supv Trumbull Roll Call Vote Cl Stelick Yes Cl Christofferson Yes Supv Trurrrbull Yes Cl Michaels Yes C1 Flattery Yes TB 4w$m0a The board discussed conditions for approval of the application of Nextel Partners. They agreed that: the first two conditions recommended by the town's consultant be waived. The board discussed the amount to be required for a removal bond. Atty Perkins explained that typically municipalities take the estimated cost of removal today and put a multiplier on it because if it happens, it will be some time in the future. The board decided $25,000 would be appropriate. RESOLUTION #64 - APPROVE APPLICATION OF NEXTEL PARTNERS Cl Stelick offered the following resolution and asked for its adoption: RCSMVED, that this Town Board hereby approve~ the application of Nextel Partners for a special permit to replace three existing telecommunication whip antennas at 201 Walker Road with twelve panel antennas. The'lc >wn of Dryden waives the requirement that Nextel agree that the propagation signal strength used in the application cannot be used as a precedent: in any future application, and further waives the requirement that Nextel deliver to the Town a certificate of insurance demonstrating the existence of required liability insurance. The following conditions shall apply: 1) A removal bond in the amount of $25,000 in satisfactory form be filed with the Town prior to the issuance of any permit.; 2) A professional engineer, with the assistance of Nextel, shall corrrplete a review of the structural integrity of the tower with the proposed installation, and certify the same to the Town. 3) Nextel shall pay any reasonable costs and fees associated with the Town of Dryden's consulta.rrt:'s review of the application, following a complete; accurate and thorough accounting of t:he time and expenses billed to date. 2111J Cl Christofferson Roll Call Vote Cl Stelick Yes CI Christofferson Yes Supv Trumbull Yes Cl Michaels Yes Cl 1-lattery Yes The board reviewed the full environmental assessment: form for this application, found no potentially large impacts and based on that made a negative declaration. Page 13 of 26 TIC 4 -x -p4 RESOLUTION #65 - NEG SEQR DEC - NEXTEL APPLICATION Cl Michaels offered the following resolution and asked for its adoption: RESOLVED, that this Town Board does hereby issue a negative declaration based on the SCQR review in connection with the special permit application of Nextel Partners to replace existing antetuias on an existing telecommunication tower at 204 Walker Road. This is an unlisted action and the Town of Dryden is the lead agency in uncoordinated review. The Supervisor is authorized to sign all necessary documents. 2 ", Supv Trumbull Roll Call Vote CITIZENS PRIVILEGE Cl Steliek Yes Cl Christofferson Yes Supv Trumbull Yes Cl Michaels Yes Cl Hatter! Yes Jennie Daley of The Ithaca Journ4al said that the paper has started a Towns portion to be published weekly on Wednesdays and asked that anyone with items of community interest contact her. COUNTY BRIEFING Michael Lane noted that it was after April first and the State still has no budget. It is important to the County to know what funding will be available and the effects of any state mandates. Steve Whicher, Country Administrator, has told the county legislature that so far he hasn't detected any real surprises in the governor's budget or the counter proposals that would come as a real shock. They are, concerned with what the tax rate increase could be again this year. There has been an increase in assessment that: is affecting all the taxing authorities and the tax roll will be up. With respect to the Town's aquifer study, the County has agreed to participate with Dryden and are going ahead for 2004 for assistance with the well drilling project. This will be a test well to begin the project in Dryden. A number of grants (from the room tax) were handed out last night. These are for development of tourism related activities aid/or celebrations. This is designed to help foster an event: for a year or two to help get it on its feet. There were no applications for celebration funds from this area of the County. R4 Lane suggested the recreation groups could look at this as a possible funding source. Martha Robertson added to M Lane's comments on the budget situation, noting Steve Whicher had said if the 2005 budget represented what is currently being done in the County there would be a three to four million dollar gap, translating to a ten to twelve percent tax ley increase. Peter Penniman has reported after attending a meeting of western counties that there was a very strong message that the Governor was promising there would not be any new costs to the counties for Medicaid (an unconfirmed claim). The County's Comprehensive flan is in draft form and a series of public meetings have been planned. A meeting has been scheduled at the Dryden Town. Hall for April 29 with an open house frcnn 3 to 7 p.m„ followed by a pr.iblic meeting from 7 to 8 p.m. A public meeting Page 14 of 26 wi]J also bL� held at the Freeville VJliag(i Rall an May 20 ak 7,00 p -m., and at Dryden Village Hall on May 13 at 7:30 p -rn- A study has boor completed entitled 'S Lirviving on our Own, the Independent Living Survey Projrck ". This pr ject Was be gun t� %ro years ago to gather infaemation on young people (ages 1.3 to 24) ]ikFir�g on their olLvn for a van , I..y of reasons. A group of homeless ,young people helped design the survey and were l:hen trained to be the interviewers. tr Wn —liews were conducted from January to March '2003. Results were analyzed and compiled, and a. pre seen todan made to the; Cfournty Legislature on April 7, 2004. A cap{- of the report. was left with the Sl]pen�ir- M Robertson laid the issue for homeless is unique in that these are kids who don't Fill in to the shelter and cannot access public services the way older people might. Thcy have multiple problems, risky hrhaviors that go along }{ztii not having a stable borne. She said the presentation was made by horeless youth aril was very movi n g- HIGEVAY DEPARTMENT & DPW Jack Bush reported that h(-L has spoken with Fick Detnick of the Conservation Corps regarding projects for the youth to do this summer. He provided the board with a list of projects including bLiiIding a canoe rack at Dryden Lak[u and an outhouse at Montgomery Park in the Village. He asked the, board for other suggestions on posLAtble projects- '["here was also a meornmendation from the Recreation Department to have some work done on a baschall field on ;Nall Street. The board was provided with a lisp: of oPw projects 2004. i 11 Che assistance ol'Toml kips Coural_y Soil & Water, a tire clean up has. been scheduled for October 16 at the Town Rall. People will he able to bring their old til "C 1'0 the Highway Cr�krage and they will be disposed of for a fee of $1 f Gird, RESOLUTION #66 - AUTHO RLZE HIGHWAY SUPERINTENDENT TO ATTEND HIGHWAY SCHOOL CI Michaels offered the following rcsulution and asked for its adopl:ion: RESOLVED, that this Town ]Board hereby authorizes the Highwav Superintendent to attend the highwa }� school to be held at [thaca College in June at a cost not to exceed $80,00 - ,}{n C1 Hattery Roll Call Vote Cl Stelick Yes Cl Christofferson Yes upv Trumbull Yes Cl Michaels Yr'. Cl 1`I'aft.(�ry Yes ENGINEERING With respect to the mapping for HLlnt Hill and G enurrg Road area they have dane some- preliminary work, have some more work to do and it }{Fill he ready to share with the board- it wilt be shared with members of the affected community at a special meeting (letters will be sent io residents on those reads ). All the equipment: is in for the Freese Road purnp station and NYSE; will be installing the new elcoric service, The project acl:uaJ.ly starred in 1996 when a car rata into the wa.ter page J 5 of 26 T13 4 -b -04 main on Freese road bridge and in making repairs they discovered most of it was the original 1968 installation. In order to fix it properly, the County had to do some work on the bridge and they had been urging the County to do so since that time. On March 23,41 the County called and said they would begin work on the bridge on the 291h. They have predicted three weeks to complete their work, but it play be an additional week. D Putnam asked Bolton Point to come up with a price for painting the hydrants and performing flow tests and provide it to J Bush, but: that has not yet been received. RECREATION DEPARTMENT Jennifer Glaab, Ree Coordinator, reported that Contra Dancing is going well, with the last dance scheduled for Sunday, 2:30 to 4:30 p.m., at Bethel Grove. Three previous dances were held, with no one attending in Varna, 45 people in Dryden, and 25 in Freeville. A free concert by the Shanty Band from Ithaca College was held last weekend at the Dryden Elementary School and though it was well advertised, attendance was low, with 10 people in attendance. An Egg Hunt will be held Saturday, April 10, at Mongtomery Park, free of charge, with the assistance of Neptune Fire Department, co- sponsored by Specialty Trophy. The Pepsi Pitch, Hit and Run will be held April 24 at the Dryden High School Fields, for ages 7 through 14. The Sierra Mist Dribble, Pass & Score local soccer c,orrrpetition will be held May 22 for ages 6 through 14. Location is e� t: to be determined. Youth lacrosse is going well and modified practices will begin next week with a coach from SUNY Cortland. There are currently 304 registered for Kiwanis Baseball/ Softball. The coaches meeting will be held April 1S with practices beginning soon after. Archery begins April 1.3 for children in grades 1 through 6 (in cooperation with Klein's Archery). Children attend one or two days per week, cost is $80 for the one day /week program and $150 for the two days /week program. Financial report was distributed to board members. J Glaab introduced Carlo Marino, a student at Ithaca College who is working with J Glaab as part: of his field work course;. He has been compiling the information received on the surveys sent out. in January about recreation activities. Copies of the graphs displayed on the overhead projector were given to the board. The survey listed 52 possible topics of interest and the results were presented in order of popularity, with Photography being the most; popular and clowning and create -a- cartoon being least popular. The 14 most popular were then presented on graphs showing preferred location for the class, ages of respondents, cost of class, and whether respondents would prefer a lower registration fee if providing their own equipment. ATTORNEY Atty Perkins distributed copies of a proposed local law amending the `T'own's telecommunications tower law. It would provide clarification for co- location, such as the Nextel application tonight, that a short -Corm EAF would be fine, but they have to include the visual 40 data so that ycnr can see what the change in the tower will look like. Our local law encourages Page 16 of 26 01'13 4,,8,,04 ® co- location and this helps to make the process easier. It also cleans up some language in the current law that requires that liability insurance be provided only when the Town is the owner, lessor, or otherwise has a legal insurable interest in the site or the tower. The current law requires that every applicant provide the insurance whether or not the Town has a reason for requiring it. The same applies with respect to indemnification under (c) and (d). It clarifies the language. if the Town has no insurable interest (in the land or the tower), there is nothing for the applicant to indemnify the Town for. The proposed language will clear up some situations that continually come up when applicants ask for, and have almost always received waivers, by the "Town for these particular requirements. RESOLUTION #67 - INTRODUCE PROPOSED LOCAL LAW AMENDING TELECOMMUNICATIONS TOWER SITING LOCAL LAW Cl Christofferson offered the following resolution and asked for its adoption: RESOLVED, that this Town Board does hereby, introduce the following local law and sets the public hearing for the same for May 13, 2004 at 7:00 p.m. at the Dryden Town Hall, 65 Nast Main Street, Dryden, New York: 1. Local Law No. 2 of the year 1998, known as the Telecommunications Tower Siting Law for the Town of Dryden is hereby amended as follows: A. The definition of "EAF" found in number 14 of Section 4 Definitions is hereby amended by adding to the definition at the end thereof a new sentence to read as follows: "For an application for co- location, a short EAF (Appendix C to NYCRR §617.20) including a visual ®EAR may be substituted for the Full Environmental Assessment Form." 13. Subsection (13) of Section 24. Liability Insurance., is hereby amended to read as follows: "When the Town is the owner, lessor or othenksise has a legal insurable interest in the site of the Tower, the Commercial General Liability insurance policy shall specifically include the Town and its officers and employees as additional insureds." C. The first: sentence of Section 25, Indemnification., is hereby amended to read as follows: "When the Town is the owner, lessor or otherwise has a legal insurable interest in the site of the Tower, the Special Use Permit issued pursuant to this Law shall contain a provision with respect to indemnification." Do The second sentence of Section 25. Indemnification., is herebv amended to read as follows: "Such provision shall require the holder of the Special Use Permit, to the extent permitted by the law, to at all times defend, indemnify, protect:, save, hold harmless, and exempt the Town, its officers, and employees, from any and all penalties, damage, or charges and including, but not limited to, reasonable attorney's fees and fees of consultants and expert witnesses arising out of any claims, suits, demands, causes of action, or award of damages, whether compensatory or punitive, or expenses arising therefrom, either at law or in equity, which might arise out of, or are, caused by, the constriction, erection, modification, location, products performance, operation, maintenance, repair, installation, replacement, removal, or restoration of a TC1e:commUnicat.ions Tower within the Town." 2. 'rhis Local Law shall be effective upon compliance with the provisions of the Municipal Home Rule Law and for all applications filed on or after such effective date. 2nd Cl Stelick Roll Call Vote Cl Stelick Yes CI Christofferson Yes Page 17 of 26 T4 a -8 -04 Supv Trumbull Yes Cl Michaels Yes Cl Hatt:ery Yes The Village has requested a letter of intent: from the Town to begin negotiations for a new contract; for sewer services for the Cortland Road Sewer District. Attv Perkins said that part of that discussion should be the retainer agreement with Hunt Engineers. One of the outcomes of the two studies received from Hunt was a recommendation that the Town negotiate with the Village of Dryden for water and sewer services. Fie said one of the things that came out of the tweeting that he, Supv Trumbull and Cl Ste lick had with representatives from Hunt Engineers is that they think that is the most sensible way for the Village and the Town to approach these problems and encourage the Town to follow that. They are available to consult with and advise the Town with respect to the different ramifications of the negotiations. There is a proposal from them that has been reviewed by Atty Perkins for those services. It is an hourly arrangement. The board discussed whether references to both wager and sewer should be included in the letter to the Village. After discussion it was decided to limit this letter to sewer only. RESOLUTION #68 - AUTHORIZE LETTER TO VILLAGE REGARDING SEWER NEGOTIATIONS FOR THE CORTLAND ROAD SEWER DISTRICT C1 Christofferson offered the following resolution and asked for its adoption: RESOLVED, that this Town Board does hereby authorize the Supervisor to send a, letter to the Village of Dryden expressing the Town'5 interest in pursuing negotiations for sewer services for the Cortland Road Sewer District. 0 2,d Cl Michaels Roll Call Vote Cl Cl SL Cl Cl Stelick Yes Christofferson Yes ipv Trumbull Yes Michaels Yes Hattery Yes Atty Perkins said he had worked out: the details of an agreement with Thoma Associates for grant writing services. The agreement is for one year, $ 100 per month, paid quarterly. After the initial term the agreement is extended automatically at $1.00 per month and can be terminated by either party. The contract is substantially as outlined in Mr. Thoma's presentation to the board. 'There is a provision for fees based on funds awarded. Cl Christofferson noted one area of the contract: seemed to contradict another and Atty Perkins will change the agreement to reflect that. RESOLUTION #69 - AUTHORIZE AGREEMENT WITH THOMA ASSOCIATES Cl St:elick offered the following resolution and asked for its adoption: RESOLVED, that this Town Board does hereby authorize the Supervisor to sign the agreement with Thoma Associates for grant writing services, as amended. 2nd Cl Michaels Roll Call Vote Cl Stelick Yes Cl Christofferson Yes Page 18 of 1~6 TB 4 -K -04 Supv Trumbull Yes Cl Michaels Yes Cl Hatter• Yes Cl H:�ttery noted that the County Planning Department will also be doing these types of agreements with municipalities in the future and this will not preclude the Town from using their services. With respect to the annexation petition of Konstantinos Katsiroumbas, Cl battery explained that in the transition of the two 'Town Boards, one ending in 2003 and this one convening in 2004, they neglected to do the short: form environmental assessment form. The board reviewed the FAF and answered the questions as follows: Part I1 (A) hoes the action exceed any Type I threshold in 6 NYCRR Part 6.1.7.4? No. (B) Will the action receive coordinated review as provided for unlisted actions in 6NYCRR, Part. 617.6? No. (C) Could action result: in any adverse effects associated with the following: C1. Existing air duality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flood problems? No. C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? No. ® C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? No. C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? No. C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Yes. C6. Long term, short term, curnulative, or other effects not identified in C1 -05? No. C7. Other imparts not noted above? No. D. Will the project have an impact. on the environmental characteristics that caused the establishment of a CEA? No. Co. is there, or is there likely to be, controversy related to potential adverse ei-M.ronmental impacts? No. The board determined, based on the information and analysis above, that the one potentially large impact identified in C5 is not significant: in connection with the proposed action since that impact will be the subject; of its own complete environmental review during the site plan review process associated with the New York State Department of Transportation facility to be built in the territory. Page 19 of 26 T13 4 -8 -04 RESOLUTION #70 - NEG DEC - ANNEXATION PETITION C1 Hattery offered the following resolution and asked for its adoption: WHEREAS, A. The proposed action involves consideration of the petition of Konstantinos Katsiroumbas for the annexation of approximately 23 acres of property identified as Town of Dryden Tax Parcel No. 3£3.4-30. l2 (the "territory") from the Town of Dryden to the Village of Dryden. If the petition is approved by both the Village and Town of Dryden, it will facilitate the extension of municipal water into the territory and the construction of a New York Department: of Transportation highway maintenance facility in the territory. B. The proposed action is an Unlisted Action for which the Tjown Board of the Town of Dryden is the lead agency for the purposes of uncoordinated environmental review in connection with approval by the Town. C. On April 8, 2004, the Town Board of the Town of Dryden, in performing the lead agency function for its independent and uncoordinated environmental review in accordance with Article 8 of the New York State Environmental Conservation Law - the State Environmental Quality Review Act ("SEQR "), (i) thoroughly reviewed the Short Environmental Assessment: Form (the "Short EAF "), Part 1, and any and all other documents prepared and submitted with respect to this proposed action and its Environmental review, (ii) thoroughly analysed the potential relevant areas of environmental concern to determine if the proposed action may have a signficant adverse impact on Cher environment, including the cirteria identified in 6 NYCRR Section 617.7 (c), and (iii) completed the Short EAF, Part I1; NOW, THEREFORE, 131" IT RESOLVED AS FOLLOWS: 1 . The Town Roard of the Town of Dryden, based upon (i) its thorough review of the Short EAF, Part. 1, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, (ii) its thorough review of the potential relevant areas of environmental concern to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR Section 6173(c), and (iii) its completion of the Short EAF, Part 11, including the findings noted thereon (which lindings are incorporated herein as if set forth at length), hereby makes, a. negative determination of environmental significance ( "Negative Declaration ") in accordance with SEQR for the above referenced proposed action, and determines that neither a full Isnvironmental Assessment Form, nor an Environmental Impact Statement: will be required, and 2. The Responsible Officer of the Town Board of the 'Town of Dryden is hereby authorized and directed to complete and sign as required the Short. EAF, Part If 1. confirming the foregoing Negative Declaration, which fully completed and signed Short EAF shall be attache(i to and made part of this Resolution. 2nd Cl 'Michaels Roll Call Vote Cl Stelick Yes Cl Christofferson Yes Supv'I'rumbull Yes CI Michaels Yes Cl Hattery Yes Cl Christofferson said there are a couple of issues with the fire contracts; one being the cost associated with paying for the audit. He said the contract presented to the fire companies Paae 20 of 26 19B 4-$ -04 did not Coni';�in the language that. woe agreed to last year_ A1:1; y Perkins said 1:hc intent was that it Lie the simne. language, Chis is the first he's h<_ard of it, so he really can't continent ort it. ! Christofferson said the other issue is that on occasion they may have a serious emergenc3? where they have in the past needed to borrow from their reserve aCwLint and eventually pay- that money hank_ Fbe Tolkim is trying to maize sure this won.ey is kept aside For capital purchases, but sorne prokI� %iprr needs to ht made for this type ofernergency. C1 iMirha.els said that lie doesn't h;�ve a problern with vither change, and noted there had hCen a lot of discussion about borrowing out of the reserve fUn<J and the only r.xa.mples anyone could came up with for borrowing would qualify as a Capital ex]Dense anyway. Cl ChristnFf( rson said that. if these are things that people have a_1ready agreed to, and there is coYln(im about clarii -v, instead of taping months to clean up the language iri 1;he existing contract, simply ap[]rove this addendum- Supv `F7umbull said only Varna had signed and Feturn(�d their contract_ Att }' Perkins said lie WOLLId like to lack al. what they are talkinr, about in V 17_ J they arr, (Al king about the, casts of the auditor as part of the audii: costs, then he rhil,ks it is cove rod already_ There was sorn e language that said thr.' 'Own would pay up to $1,000 of rrusonable expenses incurred by the company if they had to have a conqultant, and he wants to make sure this doe;sn t mean the Town will pay any a.MOL -Int they present u;k wit.h. C1 Christnfkrson said he believed the 'l'own would choose; the auditor and dischasw the fee. Cl Michaels suggested the board give authority to the Supervisor to sign I:he a1n.endment subjCci: to Atty Perkins' approval. Atty Perkins noted there is no provision for paring ba ck the sums borrowed from reserve funds, Cl Christofferson said if they want: to sei: terms and conditions, that's firkr:, but borrowing means it is Wi.rig to be paid bacl <. He thinks the departments will ix:rForm due diligence in paying it back and rc-;- establishing those fu»ds. Atty Perkins asked if major is expense means capital expense and it was el•ic opirtion of the board that it did; that it was not used for consumable supplies. Cl Michaels said he vJa % comfortable aliowin, the Supervisor and Ati:y Perkins to work it out, told C1 C;hristoFferson said his concern was that it was done very goon, RESOLUTION #71 — AUTHORIZE AMENDMENTS TO FIRE CONTRACTS C1 Michaels offered the Following resolui:ior, and asked For its adoption: RE SO L F;D, that this Tox rl Board does hereby+ authorize Lhe Town Supervisor, subject to review and approval by the Tcrarn Attorney, to execute amended contracts 147" fl re prnCeaion, with the intent to clarify t11e language regarding audits and borrowing out of reserve furlds. etil Supv Trumbull Roll Call Vote Cl Stelick Yes C1 Chrisl'oFfersan Ye=s Supv Trumbull Yes Cl Michaels Yes Cl Hatteiy Yes With respect to agreement, to ert lge the services of Hunt Engineers in connection with n ego riations wi 1:h the Village: of Dryden for the C:oftl;�nd Road Sekf+er Disrriot, the board agreed I:Q approve ii: with an amount not to exceed $5,000, to be billed are an hourly rate according 1:U the schCAIJIe praVidCd3 Cl 1•laUtFy said thewc are agreeruents that basically (v�.gblish a relationship in order for the To to call upon HLint Engi nevrs should the Town d(:nire assistance. Cl Hatteiry said he felt it was a good idea to have sotrtconc to call upon, but. wants to avoid duplicate engineering studies. P�lgo?WI o €26 T6 443 04 RESOLUTION #72 - AUTHORIZE AGREEMENT WITH HUNT ENGINEERS Cl Michaels offerc;d the following resolution and asked for its adoption: RESOLVED, that this Town Board does hereby authorize the Supervisor to sign an agreement with Hunt Engineers, subject to approval by the Town Attorney, for negotiations with the Village of Dryden regarding the Cortland Road Sewer District, with the sum to be expended not to exceed $5,000. 2nd Cl Stelick Roll Call Vote ZONING OFFICER No report. Cl Stelick Yes Cl Christofferson Yes Supv Trumbull Yes Cl Michaels Yes Cl Hattery Yes ENVIRONMENTAL PLANNER Debbie Gross said there is a need for an annual report to the Department of Environmental Conservation about storm water management, due June 1. Part of the requirement for that report is an opportunity for public comment and incorporation of the public comments. She will give a presentation on the draft report and the public could comment, make comments in the future in writing, and she would incorporate that into the final report. She is suggesting she give that report at the next board meeting if that is convenient, or she could set a different date if the board felt it was necessary. The board felt it: should be done at the next regular meeting. D Gross said there then would not be another board meeting between that date and when the report: is clue for the board to approve the Final report, so then the board would have to approve the report, trusting public comments were incorporated. She could mail the final report to board members before it is filed. Board agreed this was tine. RESOLUTION #73 - SET PUBLIC HEARING FOR STORMWATER REPORT Cl Christofferson offered the following resolution and asked for it :s adoption: RESOLVED, that this Town Board does hereby set the public; hearing for the report due to the Department of Environmental Conservation on storm water regulations for May 13, 2004, at 7:45 pin at the Dryden Town Hall, 65 East Main Street, Dryden, New York. 2m' Supv Trumbull Roll Call Vote CI Stelick Yes Cl Christofferson Yes Supv Trumbull Yes Cl Michaels Yes Cl Hattery Yes D Gross said that Tompkins County is offering to contribute to the aquifer study. She had <a conference call with Cl Stelick, Kate Hackett of Tompkins County, and two representatives from the US Geological Survey about how that funding would be distributed. Todd Miller, the lead researcher on the study, suggested that there should be one :additional test: well and t.hat it would greatly improve the confidence of the study. They estimate the cost I'abz 22 of` 6 1613 4 -x -04 ® of that test well would be about $25,000, and discussed the possibility that part of the County funding would go toward the cost of that test well, and the remaining funding would be a direct contract with the Geological Survey, reducing the Dryden contract by that amount. D Gross will share the exact location of the well with the board when that is determined. The County is still working out the annual disbursement of funds, but the total amount is fixed at $139,545. The largest disbursement; from the Country will probably come in $205,000. RESOLUTION #74 - ACCEPTING AQUIFER FUNDING CONTRIBUTION FROM TOMPKINS COUNTY Cl Hattery offered the following resolution and asked for its adoption: RESOI.VhdD, that the Town of Dryden gladly accepts the offer from Tompkins County to contribute $139,545 to the Virgil Creek Aquifer study, and supports the disbursement of funds in the following manner: $25,000 directly to the Town of Dryden to fund the drilling of one additional test well; $114,545 in direct: contract with USGS, reducing Dryden's contract accordingly, and granting Tompkins County access to all study results. 211d Cl Michaels Roll Call Vote Cl Stelick Yes Cl Christofferson Yes Supv Trumbull Yes Cl Michaels Yes Cl Wattery Ycs o Cl Stelick thanked the former Town Board mc;mbers, Mark Varvayanis, Deb Grantham and Charlie Hatfield, for the effort they put into this, with no assurance that the County was going to come through with a contribution to the funding. He said it: is nice that the County is supporting it, but the former Town Board had the vision to want to proceed regardless of whether there was funding from the Country. With respect to the funding for a volunteer monitoring program in t]ie Six Mile Creek Watershed, and the resolution made by the board previously to authorize to execute an agreement, D Gross said that: group does not yet have a written contract. They have a specific amount, $2,350, and the money would go to the Community Science Institute, which would then be distributing that money to other partners for their parts of the project. She would like to get back to them with some suggestions of what the Town requires. The Board indicated it would like a contract: detailing what it would get: for its financial contribution. D Gross said the contract should contain the term, the amount to be paid to the Community Science Institute and the CAC has suggested the Town ask for quarterly reports about. the progress of the monitoring. The Town would like to see the results of the groups activities. Cl Flattery said he would like some; information about: the Community Science Institute. D Gross will meet. with Atty Perkins about drafting an agreement. DISCUSSION The Board has previously received a request that full time elected officials be offered the same health insurance benefits as full time employees, and have a proposed resolution. Supv Trumbull assured the board there were adequate resources in the appropriate line item. Cl ® Michaels noted the proposed resolution made this effective January, 1, 2004, and said it should have been done last year. Page 23 of26 TB 4 -8 -04 RESOLUTION #75 - HEALTH INSURANCE FOR ELECTED OFFICIALS 0 Cl Michaels offered the following resolution and asked for its adoption: P.ESOi.X D, that effcc;tive January 1, 2004, the elected Highway Superintendent and elected `Town Clerk shall be covered by the Town provided health insurance under the same terms and conditions as if they were full time employees of the Town. 211d Cl Hattery Roll Call Vote, Cl Cl SL C1 Cl Stelick Yes Christofferson Yes tpv Trumbull Yes Michaels Yes Flattery Yes Supv Trumbull stated that: a draft organizational chart has been prepared and distribut:cd to board members. Cl Stelick said it had been prepared by Lisa Stelick at the request of the Recreation Commission. Cl Michaels stated it wwerned that the 'town Board should be shown as reporting to the taxpayers and the town engineer should be listed as reporting to the Town Board. Cl Christofferson said the relationship of the Environmental Planner to the Code Enforcement Officer has been discussed, and it makes sense that the I" nvironment Planner should report to the Code Enforcement Officer and not the Supervisor, and that should be discussed at some point. Cl Stelick said this is a template and changes can be made as needed. Also prepared and distributed was a draft directory of town officials, boards, committees and committee members. Supv Trumbull announced that he had hired a bookkeeper, Dawn Bogdan, who has O experience with municipal accounting and has worked for the Toi&7-i of Lansing. The annual salary to be paid for this position is $38,000, and she will begin working April 19, 2004. Supv Trumbull said he had received a letter of resignation from Elsie Gutchess, saying she will no longer be serving as Town Historian. Her letter says that she will move forward with the publications of the Bicentennial History of the Town of Dryden and the History of Schools in the 'Town of Dryden, and that these will be authored and /or edited by her and finally published and printed. The board has received reports that she has property which is not hers. Cl Michaels said that because she was paid by th(-, Town in this position, any work belongs to the Town. Cl Hattery noted that she is not resigning from the position because she was not reappointed in January. Cl Christofferson said lie has had lots of inquiries about this and there is a lot of concern. People want. to see the book fi iished and published. Cl Michaels said there is a problem with people giving her things as Town Historian, not as a private individual, and if she has drafted works they belong to the Town. After discussion, the Board decided to write a letter asking that any works created while serving as Historian and any related material be turned over to the Town. D Gross prepared a summary of the responses to the RFP's for a telecommunication consultants and the interviews conducted. Cl Christofferson said they had lots of qualified folks and met with the top four, and explained the interview process. They are recommending William Sitzman, Independent Broadcast Consultants, from Trurnansburg, New York. He has people that work with him or professional contacts he can subcontract with to bring in professional engineers or others as needed. Cl Michaels is acquainted with Mr Sitzman and feels he .would do a good job for the Town. Cl Christofferson said he has logs of e.q)erience in the community, with a variety of things and they are pleased with the rates that he offered the Town. 10 Gross shared with the Boa -rd the certificate of insurance provided by Mr Sitzman and it appears it does not meet the requirements of the Town ($1,000,000 liability with a Pago 241 of 26 $1,000,000 umbrella or a $2,000,000 aggregate). After discussion, the board to decided to hire, him, subject to him providing appropriate proof of insurance. RESOLUTION #76 - HIRE TELECOMMUNICATIONS CONSULTANT Cl Christofferson offered the following resolution and asl<ed for its adoption: RESOLVED, that this Town Board contract: with William Sitzma.n for telecommunications facilities consultant services, paid monthly as billed, provided proof of professional liability insurance satisfactory to the Town Attorney is provided. 221d C1 1- Iattery Roll Call Vote Cl Cl St C1 Cl Stelick Yes Christofferson Yes tpv Trumbull Yes Michaels Yes Flattery Yes RESOLUTION #77 - APPROVE ABSTRACT # 104 Cl Christofferson offered the following resolution and asked for its adoption: RESOLVED, that this Town Board does hereby approve Abstract #101, as audited, vouchers #283 through #383, totaling $322,292.73. 2,111 Supv Trumbull Roll Call Vote Cl Stelick Yes Cl Christofferson Yes Supv Trumbull Yes Cl Christofferson Yes Cl Hattery Yes Cl Stelick noted that the website for 1'rCTC (dated March 2004) does not show Dryden as a member of the transportation policy conunittec, although C1 Hattery has been appointed to serve, and noted that he was at a meeting in Izebruary. C1 Hattery said he and CI Stelick had been asked to review the applications to the Planning Board and make a recommendation. There were six applicants, two of which are willing to serve on either the ZBA or Planning Board. They did interviews and have agreed to nominate Jim Crawford who lives on Route 366 near Ltna. He is a former `town Board member and is active in a lot of community groups. Cl 1-lat:tery said he believes it will provide good balance regionally because there is no one currently representing that area of the town, and also some balance in terms of perspective on planning and development. RESOLUTION #78 - APPOINT PLANNING BOARD MEMBER Cl Hattery offered the following resolution and asked for its adoption: RESOLVED, that this Town Board does hereby appoint James Crawford to serve on the Town. of Dryden Planning Board for a term to expire December 31, 20041 21,11 Cl Christofferson ["age 25 ol'26 Roll Call Vote C1 Stelick Yes Cl Christofferson Yes Supv Trumbull Yes Cl Michaels Yes Cl [ latterly Yes TB 4-R -04 Cl Stelick said he :appreciates that they had six candidates and it is great that people are interested in getting involved. C1 Hattery said that most: also said they would be interested in the future and to keep their name on file. Thee will make a recommendation for the Zoning Board of Appeals next month. On motion made, seconded and unanimously carried, the board moved into executive session at 1,0:15 p.m. to discuss the employrrient history of a particular individual. No action was taken and the board adjourned at 10:45 p.m. Respectfully submitted, Bambi L. 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