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HomeMy WebLinkAbout2004-06-101413 b -10 -04 10 TOWN OF DRYDEN TOWN BOARD MEETING .tune 10, 2004 Present: Supv Steven Trumbull, Cl Stephen Stelick, Jr., Cl Martin Christofferson. Cl Christopher Michaels, Cl Michael Hanery Elecred Officials: Bantbi 1,. Hollenbeck. Town Clerk Jack Bush, I•lighway Superintendent Other'Town Staff: Mahlon R. Perkins; Town Attorney I°lenry Slater, Zoning Officer Debbie GrosS, Environmental Planner Dave,. Putnam, TG ivtiller, Engineering Nita Baldwin, Deputy °Town Clerk The public hearing scheduled for 7:00 p.m. for Crown Castile Atlantic was cancelled because the applicant was unable to attend. PUBLIC HEARING SITE PLAN REVIEW = MARROTTE AMEND EXISTING JULY 2000 APPROVAL o Applicant Jeffrey Marrotte said lie would like to have an auto sales business at 1495 Dryden Road (the site was previously approved for this use in July of 2000). They will also have detailing and automotive finish services. The structure will be a 40' by 30' steel commercial building. ZO Slater said he had received the 239 1 &; m review from Tompkins County Planning and they have no recommendations or requirements. The applicant has provided a copy of the floor plan and layout of the building. D Gross, Environmental Planner, said she wasn't confident: that she had enough information to determine whether water quality would be affected. Applicant said that they currently use less than 1,000 gallons per month. They don't: use much water. They have contacted the DEC and the Health Department because they had wanted to put in an oil separator, but DEC said an oil separator was not necessary. The automobile detailing business involves cleaning the carpets, putting a vinyl dress or leather dress on the interior, washing the outside of the vehicle and putting a finish on. No harsh chemicals are used. Engines are not cleaned. D Gross asked if they were to use something that could not go down a drain, whether they would be willing to get: a storage tank and applicant said they would. ZO Slater said the DEC would not give the applicant any written confinnation of what they told them. They can't be a single point discharge and can't legally put in a holding tank to catch things then have it pt.tmped out. it can be dumped into a municipal sewage system, and if there is none available it can be sheet - flowed out the door. ZO Slater said the board could approve the applications with the standard conditions of approval. This is to amendment of a Jul3i 2000 approval for automobile sales. The change in site (addition of building) and use (detailing) triggered the application. t D Gross asked whether they should discuss what would happen. if the volume of business increased. CI Flattery asked whether they would need to expand the size of the t a facility if they got: significantly bigger. Applicant said possibly. They currently have two bays O Page I of 17 TB ti -10 -04 and office space and currently don't generally do more than two vehicles per day. ZO Slater said that if the footprint of the building changed they would have to come back before the board. Applicant anticipates being open Monday through Friday 8:00 a.m, to 6:00 p.m. and Saturday 9:00 a.m. to 2:00 p.m. There were no further questions from the board or the public and the hearing was left open at 7:20 p.m. CITIZENS PRIVILEGE Jennifer Names of AFLAC gave a brief presentation of the services offered by AFLAC. She said they provide their services to other municipalities and would like to be able to offer them to the employees of the Town. They offer a disability benefit that pays in addition to others. There is a dental program, a cancer prograrn, and an accident program in addition to others. These programs are voluntcu-y on the part of the individual and would be paid through payroll deduction at a. group rate, pre -tax. The Town would save on FICA tax on the pre -tax amounts. Folders of the programs available were distributed to board members. The Dryden Village Clerk said some of their employees subscribe to the programs, but they have not had any experience in using them yet. She does know someone else who has benefited from the program s. The board decided they should see if there is any interest: from employees, then set up a presentation with Ms Eames. The board asked if there were other comments or questions on the Marrotte application. .Joyce Gerbasi said that 7iebarting or other undercoating involves the use of petroleum products. Applicant said they would be doing some of that, but it is very minimal now and the business is different than it used to be. They don't even use a chemical to wash off the undercoating on the car. They don't use chemicals anymore because there has been so much trouble xA-ith the DEC. Years ago it was very messy and they used more solvent than anything else. Now it doesn't run at all, and no solvents are needed to clean the equipment: and there is no Waste. Manufacturers warranties have impacted that business also and there isn't the market for it anymore. Supv Trumbull closed the public hearing at 7:30 p.rn. The board reviewed the Short Form SEQR. RESOLUTION #93 - NEG SEQR DEC - MARROTTE SITE PLAN REVIEW Cl Hattery offered the following resolution and asked for its adoption: RESOLVED, that this Town Board does hereby issue a negative declarieLtion based on the SFQR review in connection with the site plan review application of Stewart and Jeffery Marrotte for the operation of an automobile sales and detailing business at 1495 Dryden Road. This is an unlisted action and the Town of Dryden is lead agency in uncoordinated review. The Supervisor is authorized to sign all necessary documents. 2tid Cl Christofferson Roll Call Vote Cl Stelick Yes Cl Christofferson Yes Supv Trumbull Yes Cl Michaels Yes CI Katteiy Yes Page 2 of 17 TB 6 -10 -04 RESOLUTION #94 - APPROVE MARROTTE SITE PLAN Cl Hattery offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the site plan review application of Stewart and Jeffery Marrotte to amend the July 2000 site plan approval for .1.495 Dryden Road, to include an automobile sales and detailing business. 2110 Cl Christ:offerson Roll Call Vote C1 Stelick Ycs C1 Christofferson Yes Supv Trumbull Yes Cl [Michaels Yes C1 Hattery Yes HIGHWAY SUPERINTENDENT Jack Bush reported that they are in the process of surface treating several roads: Ellis Drive the portion in the Town), Brooklyn Road, Sherbore Drive, Upper Creek Road, Lower Creek Road, Deibler Drive, Stevenson Road, Game Palm Road, Dodge Road, Barr Road, Walden Lane, Sundown Road, Cricket Lane, Ocean Drive and Hanford Drive. He said this is a surface treatment, basically stone and asphalt and for a while there will be some loose stone. After it settles and cures they will sweep the roads. There may be some concerns with loose stone initially, but it is the least expensive thing that can be done to help preserve the roads. He said if you travel those roads slowly there should be no problerris. J Bush said that unfortunately they have reached a point in the season where they cannot get: preliminary work done on. Genung Road and Hunt Hill Road. An aerial fly over was done and a map prepared. They have chosen an option for the work to be done and it is presently being put on the map so it can be presented in a public forum. Because of having to wait to review this with the public no preliminary work has been done and there is not enough time to do it now and complete the work this year. Because he needs to stay on course doing a certain number of miles of road repair per year, he has now chosen an alternative area and is asking the Board to remove Hunt Hill and Genung Roads from the 284 agreement and add the following roads: Yellow Barn Road (.6 miles, Top Forty Road, Corn Crib Road, Foot Hill Road, Thresher Place, Spring Run Road and Besemer Hill Road. 'Phis will still be within the budget having removed Hunt: Hill and Genung Roads. The board expressed concern that the residents of Genung Road and Hunt: Hill Road would be upset if the work was not done this year, and J Bush said he didn't: think that would be the case, that the residents seemed to be pleased with the temporary repairs that were made last year. Those repairs seem to have held up well over the past winter and will probably make it through another winter. Cl Michaels said the repairs made last year were very popular even thought it was patch work type repairs. There was discussion about leaving Hunt Hill raid Genung Roads on the agreement and the erfect on the budget. Atty Perkins said they could approve additional roads, and if it went over budget, address it at that point. J Bush pointed out that with the inerea.sed fuel prices, it may be that all the roads listed don't: get done. After further discussion it was decided to leave Hunt Hill and Genung Roads on the agreement and add the additional roads. C1 Hatt.ery noted that one of the reasons for postponing the work on Genung and Hunt Hill was because J Bush wanted to keep his commitment to the citizens that they would have a chance to review the plans for the work to be done on those roads. Page 3 of 17 1'13 6 -10 -04 RESOLUTION #95 - AMEND §284 AGREEMENT Cl Michaels offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby amends the §284 Agreement: to Spend Highway Funds to include the following roads: Yellow Barn Road (.6 miles), Top Forty Road, Corn Crib Load, Foot Hill Road, Thresher Place, Spring Run Road and Seserner Hill. Road. 21A Cl Stelick Roll Call Vote Cl Stelick Yes Cl Christofferson Yes Supv Trumbull Yes Cl Michaels Yes Cl Hattery Yes J Bush said he would like authorization to lower the minimum bid on the John Deere 425 lawn tractor to $4,000. They had advertised a minimum bid of $5,000 and received no bids. RESOLUTION #96 - LOWER MINIMUM BID ON JOHN DEERE 425 LAWN TRACTOR Cl Christofferson offered the following resolution and asked for its adoption: RESOLVED, that the Town Board hereby authorizes the Highway Superintendent, Jack Bush, to lower the minimum hid for the John Deere, 425 Lawn Tractor from $5,000 to $4,000. 2ii1 Cl Stelick Roll Call Vote Cl Cl SL Cl Cl Stelick Yes Christofferson Yes ipv 'Trumbull Yes Michaels Yes liattery Yes Dave Seifert of Midline Road asked who owns Midline Road and who is responsible for the upkeep and repairs on the road. J Bush told him 'Tompkins County was responsible for that road. D Seifert said the road is a total disaster from Ringwood Road all the way to Irish Settlement Road. J Bush said there are several sections like that in the Town and he has spoken with the County Highway Manager and expressed his concerns. The County has acknowledged that they have had complaints and J Bush encouraged D Seifert to also call. D Seifert said there is no speed limit posted on the road and there was recently a death on the road. It is a residential area and vehicles travel too fast despite the condition of the road. He would like to see the speed limit posted. M Robertson said she had heard from Kin Seeley about this (who has also talked to Pete Messmer, the Highway Superintendent). M Robertson explained that the State sets the speed limits and it is a long and frustrating battle to get it changed. She suggested Ms Seeley bring a petition to the Town board and get a letter from the County and lobby about: lowering the speed limit. P Messmer has said that he will put some children at play signs on the road. D Seifert said there is a blind man who lives on the road and there is nothing to make anyone aware that he occasionally walks that road. M Robertson said they could get a sign for that. She explained the decision for the speed limit would be made at the state level. Cl Michaels noted that before any repairs are made on the road is when the State should be surveying the speed of traffic on the road. J lush reported that the sewer pump station on Freese Road is up and nuining and they just have some final grading and landscape work to do. Page. 4 of 17 T13 6 -10 -04 • Mike Lane said he had read with interest the discussion about a location for the Town Hall. He said he fully believes that we need a new Town Hall or certainly a major renovation because of the cramped quarters. He said personally he does not think it is a good idea to move the location of the Town Kali to an area which would take prime commercial real est ate off the tax roll. He said it is the same issue that cone up when they talked about where to locate the DOT facility. And for the same reasons he did not feel the Enterprise Drive location was a good location for that, and the loss of potentially high tax paying industrial area, he would feel the some way about the Town Hall moving from an area that is already tax exempt here, to a new area and taking more land off the tax rolls. He hopes the board in its deliberations will consider a new Town Hall, but think about: locating it at the present site. COUNTY BRIEFING M Lane said that with President Reagan's passing Friday has been declared a national day of mourning by President Kush and Gov Pataki has asked that we think about Friday as a day of prayer and remembrance. 'Tompkins County is asking its employees and citizens to think about: President Reagan's service to the country and take a moment tomorrow to think about what that meant and certainly his battle with Alzheimer's disease. With respect to the situation with highways, M Lane said all municipalities are stressed as to how to maintain what we have with the few dollars available to do that. It is now really difficult with the increased cost of fuel and asphalt because everything done. with highways takes energy. This hurts budgets that are already stressed. They are looking at different: kinds of treatments for county roads. Usually county roads tend to be the higher traffic roads and because of that they have higher rates of treatment to make 'them sustainable over longer periods of time. The roads are all hurting after the hard winter, and they are trying to come up ® with ways to do as much as they can, but it will continue to be a rough period until there is more money available for maintenance. The State continues to hold CHPS money at ransom year after year, they have taken away the capital money rued they don't know if that will come back. It hurts the municipalities. The other component of the County Highway Department is bridges. There are 107 bridges in Tompkins County. Two- thirds of those are on 'Town roads (pursuant to a resolution adopted in the 1940's). Last year the County was not able to fund extra money for bridges and will only be doing one new bridge this year, along with some regular maintenance. Over the next few months the County will again be looking at its bridge program and see how they can better use the funding. They don't: want to have the State bridge inspectors flag a bridge and have to do emergency repairs. They want them to be repaired on a regular basis, It will continue to be a topic of concern. One -third of the County bridges are in the Town of Dryden. M Lane said the airport is struggling. Fnplarrements (people flying out: of Ithaca) have gone down since 9 -1.1. They have gone from a little over 100,000 per year to just under 70,000 per year. This is because of a number of factors, including lower fares at other airports that have Jet.Blue and Southwest. People are willing to travel further for a discount fare. They have been lucky in the last decade or so with the creation of the new terminal and not having having to put any local tax dollars into the airport. The operations have been funded by passenger facility charges paid on passenger tickets and contracts with adrlirces. They have commissioned an airport task force with some business- oriented people to look at how the airport can be sustained in the future. The airport is an element of economic development with high tech businesses wanting to locate near the airport. They believe there needs to be a partnership with educational institutions and businesses to help the airport be sustained. Some. people on the County Board feel the airport: is a luxury, but he believes it the airport is a necessity in Tompkins County if we want to be on IRhe forefront of economic activity. Tompkins County has no connection to a four -lane interstate, train connections are poor, and there is only limited bus services. They are trying to avoid putting local tax dollars into the airport. Page 5 of 17 TB 6-10-04 M Robertson said a letter to The Ithaca .Journal yesterday contained inaccuracies about recent county votes on assessment and a county executive. She said the issue of three year assessment cycle was not an issue for public vote, but an issue determined by charter change. They declined a public hearing on the charter change. With respect to his statement saying the county board had rejected allowing the public to vote on the county executive. They sent the matter to the government operations committee, and they have been looking into that issue for six months and there are new areas to investigate. She said this issue is still there, and it would mean a very significant change in the lines of responsibility and other issues related to County government. The committee will continue to investigate this, and the board agreed that was the appropriate place for it at this time. With respect to the airport, they had initiated a working group of County people and people from Cornell who have started meeting about a range of issues where Cornell and the County have mutual concerns and the airport is top on the list. There was a meeting on June 2 of the groups from the County and local municipalities on the issues of health insurance, unified courts, and highways. It identified a lot of areas where they need snore information and those meetings will continue in subgroups. Health and Human Services Committee has talked about the Recreation Partnership and the County's roll. The County is involved financially and provides stag support. At their meeting yesterday they got a summary of what the staff support actually includes. That report should be distributed to members of the Recreation Partnership and will be helpful to municipalities when they decide whether to have their recreation staff take over the work county staff is presently doing. The County is investigating a prescription drug program for residents who have no coverage and are looking at a couple of companies that would offer to county citizens a discount card for prescription drugs. This would be for anyone who is underinsured or uninsured. There could be some very significant savings in prescription drugs. Options include going to the local pharmacy and getting a 90 -day supply by mail. They hope to be able to make a recommendation to the full legislature some time this summer and be able to offer it to residents by the end of the year. COUNCIL PRIVILEGE With respect. to a new `l own Hall building, Cl Stelick said lie is looking for some direction. He and Cl Christofferson have been involved in looking for a possible site and the design of the possible new Town Hall. They have looked at several locations and it has come down to three possibilities. They've gotten an estimate on renovating an existing building, investigated the cost of purchasing some property, and at the next. meeting they expect to have something closer to a final design. Cl Christofferson noted that the final design would depend on the site. The three possibilities are the Aramark. building on Route 13, a site on Ellis Drivc, and the current Town Hall site. C1 Stelick asked the board what direction they would like to go. He said there are size constraints on the current site, though it does have the advantage of municipal water and sewer and the Town already owns it. Cl Christofferson said that the present site is his choice because we already own it, people are used to the location, it helps buffer the highway garage a little, it has municipal water and sewer and the cost for the other areas are significant. There are few sites in the town that would work, and this site snakes the most sense to him. The details of how to situate it on the current site needs to be worked out, but based on costs and other issues, it seems to him to be the best option. Page 6 of 1'7 Cl Hattery said he appreciates the time current site is on the east end of the Town and idea and he appreciates the fact. that they tried possible given water and sewer capacity and aN take a good look at the present site. TB 6 -1 OmO4 invested, and he had raised the issue that the having something more central might be a good to do that and it doesn't seers like that will tx: Bailable sites. He agrees and would like us to Supv Trumbull said that one reason he voted for the annexation was to promote commercial enterprise; and if we take three acres there, it takes away three acres from the tax roll. He said it is a good spot, but it defeats his purpose. Cl Michaels said he also appreciates the efforts put into this. He argued against annexation because he felt that we needed water and sewer to allow for commercial development for the whole site, so they had the same objective, just different: ways to get there. He has no particular objection to this site. He would prefer this site over the other two, and said he'd like to see us get on with it. Cl Stelick said we are at a point now with the architect where we have more than used up the allocated funds for this, and now they will be able to actually work at a specific site and what the current staff would like; to have in place. 'There may be need to purchase some additional land adjacent to the current site. The board reviewed the maps prepared by Debbie Gross and she pointed out areas on which we would not be able to build because it is a wetland. Cl Christofferson said they would meet: with the architect: to get some things firmed up. ENGINEERING ® D Putnam said he had no report, but: may have some input when they get to the matter of the NYSEG water filtration plant. RECREATION DEPARTMENT J Glaab said that the Rec Dept would have a dunk tank at Dairy Day for fundraising and invited board members to participate. The Music in the Park series begins June 30 with concerts being held each Wednesday until August 18. Business have the opportunity to co- sponsor the series and will receive advertising on bookmarks, fans and the banner that: will be there. Food will be available at a concession to be run by the Recreation Commission, pending approval of a temporary food permit. Atty Perkins has drafted a contract for the performers and she is asking the board for a resolution authorizing the Supervisor to sign those contracts. RESOLUTION #97 - AUTHORIZE SUPERVISOR TO SIGN PERFORMER CONTRACTS Cl Cliristofli:rson offered the following resolution and asked for its adoption: WHEREAS. a performer agreement has been drafted by Mahlon Perkins, Town At:tornev, to use for local performances coordinated by the Recreation Coordinator, and WHEREAS, the Town Supervisor roust be authorized and empowered to execute the instrument and enter into such an agreement on behalf of the Town, now therefore, be it RESOLVED, that the Town Board of the Town of Dryden authorizes the Town A Supervisor to sign all performer agreements, pending available funds, and is directed to permanently file at least one signed copy in the office of the Town Clerk of the Town. 2nd Cl Michaels Page 7 of 17 'C[# 6-10-04 ,Roll CaJI Vote Cl stelick Yes C] Christofferson Yes SupvTr urn buIl Yes 1 Michaels Ye, Cl i- iatteTy Yes 11 Fishin g Derby, sponsored by Wal -Mart will be held .)uly 17 at L7ryden Lake. It is free kind open to any child urick r the age of 15, 11: i% co- sponsored by C .warn la fies & [ti+tore. Ighcre will be several contests and prizes a»cl goodie -bags provI ctd by al -Mart an.d other national sponsors for all partici.parlc,%- Summer Travel l3at epbaII and Softball Coe nis are presen1:ly forming xvith three: to five I:ea.ms expected. i The Sierra Mist Dribble, Pass . Score Local Socrer C:ompetitio)-i was held May 22nd Four local winners moving on in sectional competition are L.eighann Bennett, 'I'aylpr Hoyt, t�shlcy Jenner and f3rennan Edntonciq- `Che Pepsi PiL[ h, Hit & Run n ctional cornpetiOan was held IMa y 22nd at Horseheada- No local winners progressed in that competition. Duke Eri(Nkson Co-ed SofthEdl Ixagues are undc;rway with 4 Saturday- teams and 7'hiesdayf,C`hursday teams - J Glaab has revised her }proposal far boat rentals at I)rvdcn Lake this summer, She cut brick oat the purchase of equipment and the hours of operation, and proposes the purchase of a. canoe rack at a cosC of $5305. he sr{id this program �4�ould provide an opportunity for people kkiho cannot afford a canoe or don't have transportation to carry a c_airioe, and mayi give younger people yin opporturLii_y to try sorncthing out ft)T' the first time- She said there was a Iol: of ir1Lerest last year and pea T)le' picked up information axed said they'd be back next year. This is purely providing a mereat ion a] opportunity and while there will be sorer money collected, J GlaalD said she didn't expect the program to pay for itself, She: expects tYhe program will cost approximately 52,400, There has been interest at the Youth Corn rnission to do day camps at the lake and perhaps go out on the; lake in the canoes. TC3 has generously offere(3 I:he canoes for u : by the Town at no charge. CI Christofferson expressPd concern for using the corrtin ency fund for this in light of other anticipated needs. Cl Michael% suggested that rather than paying som.eone,;to sit there when on most days the}- won't be busy, ir. might be better to o rganize sorac specific events. »c said he would support l.his quid they would probably grit more usage, by adveri:ising for a canoe day, He said he thought it would go ovor better if they had some type of organized events ivbvre it ��as dune spar dically, three or four events over the course of the summer. [fie said before committing $3,000 hte would like; I:o see these oppnri_unities explored. Cl H,attery e}aid Lt seems to make sense to do this on a lijnited basis and see how it goes. Cl NlichaeiIS said when municipalities are lookLng at the cost'. per person served, this program is relatively' expensive compared to other programs offered. J Glaab presented the Lnforrnatior► regarding the, amount to be paid b.}' tM To m for 2DO5, {��ith different ,enarios if the Cc+xnty should reduce it's share. The urn 0ugt maid by thc.• Town for 2004 was $11,238, and if the cu�jnty were to pull out totally? the Town's share far 2005 would be 514,311. J Glaab said the Rec Partnership allows residents of the Yok4m, in par6rular those whu attend I(haca City Schools, to I)artjl6pate in program: with 1i:hcir friends, The Rec Partnership offers some programs that are not available in the Town Recd Prograrn, She recommends that the Town urge the Ccui'rty to continue its }portion of program funding so i:hat no programs are cut- Cl Mir;haels said he would like the beard to have a clear idea as to whether or not thcl Tov�,rn is going to conti „ue to participat. (-; in the }partnership anti he proposes that: for July 1:he board have more information irLcl using the formula for figuring the payment for each municipality- The board is pot prepared to commit to a. specific amount: of funding at I'v of 17 T13 6.10 -04 • this point. J Glaab will ask someone from the County Youth (Bureau to attend next month's meeting. She also shared Don Barber's (Caroline Town Supervisor) recent letter to the Recreation Partnership. Cl Michaels said he'd like to know what kids are served, what kinds of programs they are attending, etc. M Uixte noted that the reason for establishing this Recreation Partnership were at the time very important to the Town. of Dryden and suggested ghat. Nancy Zahler (Director of the County Youth Bureau) come give a history of t:he Partnership and why the Town participates. Cl Stelick said that in the beginiung Dryden was very interested in getting into the Partnership. Since then things have changed in a lot of ways and the Town has its own Recreation Department and it is very active. He said he supports the Recreation Partnership at this time, but Dryden is no longer going to be a silent partner in that Partnership. it has previously been run by the people in Ithaca and the Ithaca Youth Bureau and he said we are not going to allow that anymore. The Town is going to be interested in what programs get financed and a lot of other things. He said the best ru-n program in the area is the Town of Lansing's and they are not involved in this flee Partnership, and they have stated they will not be involved because of the way it is run, and feel a lot of money is spent on bureaucracy. He said he will be very involved in this and wants to take care of all the kids in the Town regardless of what, school they attend, and he wants to get the best bang for the buck. He said the best way to do that is let the municipalities run it with help from the Ithaca Youth Bureau, and they don't want to pity for the bureaucracy because it doesn't trickle down to the kids. The Towns depend on volunteerism. Patty Mooney, resident of the Town and Freeville Village Clerk, said she ha.s three children in this school district and cannot afford the Summer Recreation Programs. Her children attend the Preeville Summer Camp where the fee is less than $100 per week. ® Ron Flynn, Dryden Fire Chief, asked that the Rec Department notify them when they are going to be holding activities at Dryden Lake, in case of emergency and if there are numbers of people there they have guidelines to follow to insure the safety of the residents. ATTORNEY Atty Perkins has sent a memo to the Board and to Henry Slater regarding the action he was asked to take last month at 483 Hunt Hill Road. He has spoken with Jonathan Wood, Tompkins County Attorney, and fie doesn't: think he and Mr Wood disagree on what the law is and who has the responsibility or authority, but: what is pertinent is that the area of septic systems and regulation of septic systems, enforcement of permits, etc has really been pre- empted by the County or the State, The County has determined that they are not going to take any action with respect to this property because they don't consider it an imminent health threat: because no one is living at that address. The Zoning Department's Order was that the residence not: be occupied and it is not. Atty Perkins said he isn't sure what the board wants him to do. ZO Slater noted that he told the board at their last meeting that there is no absolute proof that the failed septic system has anything to do with the Bast property, and even if the Town did enjoin the use of the property at 483 Hunt Hill Road, it does not solve the Basl's problem because there doesn't seem any remedy other than have the Hunt Hill Road premises vacated. Craig laasl argued that finding that there was no bottom in the septic on Hunt Hill Road seemed to be connected to his failed well. ZO Slater said the septic system is not the Town's jurisdiction, but the County Health Department's, and they said they are not going to do anything about it, C1 Michaels said he had looked into the matter and Atty Perkins has cited chapter and O verse; of State Laws and Tompkins County's Charters and they all provide for the County I- lealth Department to deal with these problems. It is their authority and they have made a decision not to do anything. The Town has no authority in this area. The County was wrong to send Page 9 of 17 T13 6 -10 -04 the Basis to the Town because it is the duty and obligation of the County to enforce this, and they are choosing not to do so. Cl Michaels said he Would like to help the Basis and doesn't 40 understand why the County made the decision it did, because there is no ambiguity about whose responsibility it is. He told Martha Robertson that it was the County's responsibility under their Charter to enforce this. The owner of the property should be extremely concerned because the County has the right to enforce it and can enter the land and charge the owner for all the expenses to do so. He said it is inconceivable to him that if you have a septic tank without: a bottom in that it is inconceivable to hire that: you do not have significant contamination for a significant distance at that site, and will for a very long time. Cl Michaels told the Basis they had two options, to go back to the County and try and get them to do something, or seek their own attorney. M Robertson said the County Attorney, Jonathan Woods, has talked with John Ander }son, the head of Environmental Health, and she has a memo from Jon Woods and he says that according to Health Department, the site has a separated pipe that handles laundry waste and it does riot pose an immediate threat because the laundry facilities are not currently in use and the owners have assured the Health Deparunent that the problem will be repaired before they re -enter the facilities. The Department is not aware of any other violations. She said the County doesn't have the ability to go dig up a septic system and discover that there may or may not be a bottom to it. She understands from the Basis that they had been told by Health Department staff that if they opened and pumped the system (and the owners have to do this) and had the County come look at it, the County could then say the system was inadequate. She suggested that perhaps the Basis and the owners of property could split: the cost of ghat. She said ownership of the ]and is in dispute. Bob Jackson of Hunt Hill Road said he put a bid on that property some ten years ago. He bid $10,000 because the well was inadequa.tc and the septic, which had been checked at that point, needed to be redone because it was so poor. This was done through Walpole Real • Estate and there may be some record with them. Mr Jackson said he owns property above and below the property in question and has had work done that involved the Health Department and he doesn't understand why they won't become involved in this problem. M Robertson explained that there is no evidence (from the dye test) that it. is affecting the Basis' property. Mr Basl said he will take care of his well, but his concern now is that there is a septic tank with no bottom. He can't consider drilling a new well because they don't know how far the contamination has spread. He has spoken with the person who put the steel septic: tank in 40 years ago, and they are only ratted for 20 years. Mrs Bas] said the purchase agreement they had a copy of said the owner was to provide proof that the septic system had been pumped within the last six months, and perhaps if they can locate that they can find out more about. the condition of the system. She said she ha.s a letter signed by residents of the area expressing concern for the situation. C1 Christofferson said the Board would like to help, but there doesn't seem to be anything they can do. Atty Perkins said the County has the authority both under the County Charter and the Public Health Law to go on to that property to abate the nuisance. Cl Michaels said if M Robertson wanted to help these citizens is very, ver} clear that the County has the ability to act in this situation, but is just, choosing not to. lie asked Atty Perkins to provide M Robertson with copies of the statutes. D Gross said she has clone some mapping of the site and it may be helpful to provide that to the County Health Department because it: shows that the parcel that has the problem is in a very wet area, adjacent to a Federal wetland, and the direction of flow is to the Six Mile Creek Watershed. Atty Perkins presentee} the board with a proposed resolution involving Scenic Way and Scout Lane, two highways in the Best Rtrn Subdivision, a subdivision approved by the Planning Board in 2000. Subdivision Plans and plat were filed in the 'Tompkins County Clerk's Office. The developer has made substantial progress with the road and it has been inspected by the Pate 10 of 17 T13 G -10 -04 ® Highway Superintendent. The developer proposes to over the road to the Town for dedication now and post with the Town security to cover completion of that. The estimated cost to complete the road is $54,000 and J Bush said he felt another $10,000 should be added to the cost and Atty Perkins' recommendation is that the estimation be doubled and the developer provide a bond or security, thereby assuring the taxpavers won't have to pay any of the el)ense. There is an "as- built" of the road and it is within the confines of what is proposed to be deeded to the Town. There may be an issue about title to the road, and Atty Perkins would like the resolution revised to reflect marketable title or in the alternative insurable title. That would mean the Town would get a policy of title insurance guaranteeing that any defects would not affect the Town's ownership of the road. J Bush said he had received frorn Builder's Best a list of things they felt they had to do and he felt there was need for some other work. The sub.b4ase has been put in and it needs some final Couch -up work. The base course of gravel has to be put in and Town specs require a double shot of stone and oil. They still have to construct their detention pond which will capture the water coming from the site. He asked they add fiends for regrading all the ditch lines that have eroded over the winter. They have included funds for seeding and mulching the area. He also suggested an additional amount for legal fees. This morning he met with Mark DeWitt of Builder's Best and they did a compaction test with a loaded truck looking for evidence of any soft: areas. He was pleased that there was no evidence of any soft areas. He is comfortable that it should be a good road when it is complete and sees no issue with them finishing the road. The reason they are asking to dedicate the road now is they have people interested in building now. RESOLUTION NO. 98 - SCENIC WAY AND SCOUT LANE ® C1 Michaels offered the following resolution and asked for its adoption: ACCEPT OPPER OF DEDICATION OF SCENIC WAY and SCOUT LANE WHEREAS, the Town of Dryden Planning Board approved the subdivision plans for the SCStrun Subdivision on October 9, 2002, and such plans were filed in the Tompkins County Clerk's Office on November 7, 2002 in Map Drawer VV, pages 22 -31, and WHEREAS, the highways to be designated as "Scenic Way" and "Scout Lane" have been partially constructed according to Town specifications and such construction to date has been inspected and approved by the Town of Dryden Highway Superintendent and has been inspected and approved by the Town Engineer, and WHEREAS, the Town Highway Superintendent has recommended the amount of a bond to cover the estimated cost to complete the required improvements and construction of the same to Town of Dryden specifications including the retention pond to be constructed on a portion of Lot #7, and WHEREAS, the developer has offered to dedicate said highways to the Town of Dryden as and for Town highways prior to their completion, and has not yet furnished to the Town Attorney all the necessaiy documents required to convey the same to the Town as Town highways, NOW, THEREFORE, BE I'1' RESOLVED by this Town Board that the highways shown on the plans (10 sheets) entitled "BESTRUN SUBDIVISION" made by Keystone Associates and filed in the Tompkins County Clerk's Office on November 7, 2002 in Drawer VV of Maps, pages 22- e 31 which plans are incorporated herein by reference, be and hereby are (subject to the completion of the conditions hereinafter set fort:h), accepted as Town highways and the same are to be added to the official Town map, and the Town Highway Superintendent is authorized Pane I I of 17 TB 6 -10 -04 to place the appropriate highway signs thereon and to take any and a11 steps necessary to maintain said highways as Town highways from the day the conditions hereinafter set forth are fulfilled, said highways to be lmowm as "Scenic Way" .and "Scout Lane," respectively. This resolution and a.eceptance of the highways are specifically conditioned and contingent upon the following: I. The developer is to pay all costs necessary in connection with filing of the snap, deed and other documents including all abstract: and related costs and reasonable fees of the Town Attorney in reviewing said documents and the sufficiency thereof and for their compliance with Town of Dryden requirements. 2. That, until such time as the taxable status with respect to said highways are changed to reflect their use as highways, the developer pay all real estate taxes assessed on said highways. 3. That: the developer warrant materials and said highways for a period of one (1) year from the date such date to be certified by the Town Highway Superinu deemed to occur not prior to the execution and delivery documents to convey the same to the Town, workmanship in the construction of of final completion of the highways ndent and such completion shall be of a deed and other necessary title 4. That such acceptance shall not be effective unless and until the developers have furnished to the Town Attorney the necessary abstracts of title, "as built" reaps,! "road profiles" and all required documentation to convey the same to the Town of Dryden and indicating a good and sufficient marketable or in the alternative insurable title to the highways and all of which is to be to the satisfaction of the Town Attorney, 40 5. That the developer file with the Town Clerk a bond cash de posit certified funds, or a letter of credit. in the amount of $132,800.00 to cover the completion of all required improvements to said highways, including the construction of the retention pond on Lot d#7 in said subdivision all such improvements to be completed by September 30, 2004. Such security be in a form acceptable to the Town Attorney and be for a period ending no sooner than September 30, 2005. The developer shall be responsible for compliance with al.l conditions and costs of completion and acceptance by the 'Town if the amount of the bond, cash deposit, certified funds or letter of credit is not sufficient to cover the same. 6. That; the Town will have until September 30, 2005 to drawl against the security posted by the developer if the developer defaults in any of the requirements or conditions of this approval, including the one (1) year warranty. 7. The completion of all required improvements to be according to the Town of Dryden Specifications and certified by the Town Highway Superintendent and Town Engineer. 8. In accordance with Local Law No. 5 of the year 2000, the developer shall pay or reimburse the Town for all reasonable and nccesswu engineering expenses incurred by the Town in connection with the review and consideration of the subdivision application and all reasonable and necessary legal and engineering expenses incurred by the Town in connection with the inspection and acceptance by the Town of the highways and drainage facilities and the dedication of the same to the Town. 21141 Cl Christofferson Roll Call Vote Cl Stelick Yes • Cl Christofferson Yes Supv Trumbull Yes Page 12 of 17 T13 0 -10 -04 • C1 Michaels Yes Cl .Hattery Yes Supv Trumbull had asked to talk about tax abatements for renovations to a home for persons with disabilities. Atty Perkins said there is a provision in Real Property Tax Law that the Town by local law could adopt an exemption for improvements made to real property, it's on a ten year basis, the first year having a 50% reduction and decreasing Sclu per year thereafter, for improvements made for the purpose of removal of architectural barriers from taxation and special ad valorem levies in order to comply with the Americans with Disabilities Act. Atty Perkins said we don't know how many people; this would affect in the Town. Atty Perkins said he would draft a local law if the Board was interested. He said it would not be retroactive and owners would not get a refund. The County would be responsible for administering the program. Cl Michaels said this is the kind of thing that architects would know about this and advised people to build with this in mind. The board is not inclined to take any action with respect to this. Atty Perkins has provided the board with a proposed resolution regarding, the Virgil Creek flood control facilities and a residence being built: by Jeffrey Prignon on Southworth Road. RESOLUTION #99 - PROVIDE EASEMENT FOR NYSEG CONNECTION TO PRIGNON PROPERTY Cl Christofferson offered the following resolution and asked for its adoption: WHEREAS, the Virgil Creek flood control facilities are served by an underground ® primary electric line situate in the Town of Dryden, running from Southworth Road generally easterly across lands reputedly owned by Jeffrey Prignon, and WHEREAS, New York State Electric and Gas proposes to conunect a new residence owned by Jeffrey Prignon to the electric line serving the Virgil Creek flood control facilities; and WHEREAS, there is no recorded easement: for the electric line which crosses the Prignon property, and WHEREAS, it is in the best: interests of the Town of Dryden to have a written instrument. defining an easement for such electric line and Prignon is willing to grant such an easement to the Town of Dryden in exchange for the ability to connect to such line, and WHEREAS, the adequacy and sufficiency of such agreement by Prignon has been duty considered by the Town Board and has been deemed to be adequate and sufficient consideration for the grant of the right to connect, and WHEREAS, there exists sufficient capacity in such primary electric line that: the future use of such line by the Town will not: be impaired by the connection of the Prignon property, N0W, THEREFORE, BE iT RESOLVED AS FOLLOWS: The Town Supervisor is authorized to execute any document: necessary to permit the connection of the Prignon property to the aforesaid electric line on the condition that the Town receive a 10' easement surrounding the underground primary electric line, such instrument to be in such form and contain such provisions as many be reasonably required by the attorney for the Town. ® 211e Cl Stelick Page 13 of 17 (loll Call Vote ZONING OFFICER Cl St:elick Yes Cl Christofferson Yes Supv Trumbull Yes Cl Michaels Yes Cl Hattery Yes TB 6 -10 -04 ZO Slater said he presently has seven site plan or special use permit applications in various forms, including Crowd Castle and Prom Lawn. applications they wanted to review in one public; sessi schedule an additional meeting. After discussion, the in July, holding meetings on July 8 and July 22, with heard on Jul; 22. He asked the board how many on, or whether they would like to Board decided to hold a second meeting the majority of the applications being Cl Michaels said he had visited the Fro -Lawn site and there were several trucks and chain saws running. ZO Slater said they had received a complaint and had advised the owner that until a decision was made the subject property was not eligible for any work. The owner of Pro -Lawn advised him that they were not working on the subject: property, but on other property that he owned. Cl Michaels said it appeared the work was being done on the property, however that subject site was very small. ZO Slater said the applicant had been trying to redirect: the wager [:hat was flowing onto the Boutros property. D Gross said she has met with Ms Boutros on the site, and there is enough fill on the site that it may trigger an application fora permit and storm water management plan. Cl Michaels said he would like a history of what has been previously approved on the site, that it seems there has been a lot of recent work on the site;. ZO Slater said he would investigate the matter and D Gross will try and determine whether they need a DEC permit. D Gross said she would like to talk with Nick Bellasario before contacting DEC. TOWN CLERK B Hollenbeck has provided the board with a copy of a proposed resolution. designating the Town's polling places and authorizing payment to the sites. RESOLUTION #100 - DESIGNATE & PAY POLLING PLACES Cl Michaels offered the following resolution and asked for its adoption: R.1 SOLVED, that the following is a list of designated polling places in the Town of Dryden for the year 2004: District. MI. - Etna Fire Station District #2 - Freeville Fire Station District 43 - Dryden lire Station District #4 - Varna Community Center District #5 - Etna Fire Station District #6 - Dryden Village Hall District #7 - Dryden Fire Station District #8 - Bethel Grove Church Activities Center District P9 - Varna Community Center District #10 - Dryden Baptist Church District #11. - Dryden Town Hall And it is further Page 14 of 17 TB 6 -10 -04 RESOLVED, that this Town Board does hereby authorize the Supervisor to pay the polling places $100.00 per district for the use of their facilities for 2004. 21141 C1 Christofferson Roll Call Vote Cl Steliek Yes Cl Christofferson Yes Supv Trumbull Yes Cl Michaels Yes Cl Hattery Yes B Hollenbeck has provided with board with a reconciliation of the 2004 tax collection. She noted that while the total warrant was considerably more this year ($7,512,894.96), the amount: of unpaid returned to the Countti.* was less ($491,251.66), probable due to the many mortgage refinances this year. DISCUSSION Supv Trumbull suggested the Thoma Survey be completed by the next board meeting and board members asked to have it sent to them electronically. The Board will discuss the matter of the golf course in execut:ive session. Supv Trumbull said there are two individuals who are behind on their HUD loans from last year. He will send them a letter asking them to bring those accounts up to date. No progress had been made with respect to sewer negotiations with the Village: of IDry'den. Supv Trumbull said that NYSEG has a water filtration plant building /property for sale, or to give to us, D Putnam said this has been going on since 1999. It is located on Lower Creek Road. The Fire Departments would like it for a training tine. It: is a brick building on less than an acre. ZO Slater said NYSEG has tried to sell it but have been unsuccessful because it is located in a flood zone. NYSEG had previously provided water to its building, The board is interested in pursuing this (for $1 or less) and D Putnam will locate the information gathered previously. ZO Slater will contact NYSECI, Supv Trumbull said the Historian position had been offered to Charles DeMotte who has declined and he will continue to search for someone to rill the position. Budget modifications were reviewed and discussed by the board. RESOLUTION #101 - BUDGET MODIFICATIONS Cl Michaels offered the following resolution and asked for its adoption: RESOLVED, ghat this Town Board does hereby authorize the following budget modifications: FROM A7310.100 A7310.400 A7310.400 A7310.400 A7310A00 TO A73.10.101 A7310.101 A7310,401 A7310.402 A7310.403 FOR YCC - PFRSONNEI. YCC - PERSONNEL YOUTH COORDJCONTRACTS YOUTH EMPLOYMENT B -DALE SUMMER CAMP Page 15 of 17 AMOUNT 13,345.00 12.00 48,350.00 1,938.00 1,000.00 A7310.400 A7310.400 A7310,400 A731.0.400 A7310.400 A7310.400 A7310.404 A7310.405 A7310.406 A7310.407 A7310.408 A731.0.410 2 "11 Supv Trumbull Roll Call Vote 01113 6 -1 M4 FREEVILLE JOBS 6,538.00 POLICE & COMMUNITY 4,600.00 FINDING Sl'RENGTI-1 1,063.00 CODDINGTON CIT 600.00 CCI. LANDSCAPING 11400.00 UNCOMMITTED - TOWN 42499.00 $3,345.00 ToTAh Cl Stelick Yes Cl Christofferson Yes Supv Trumbull Yes Cl Michaels Yes Cl Hat:tery Yes RESOLUTION #102 - APPROVE ABSTRACT #106 Cl Michaels offered the following resolution and asked for its adoption: RESOLVED, that this Town Board does hereby approve Abstract #106, as audited, vouchers #493 through #584, totaling $$452,909.83. 2nd Cl Stelick Roll Call Vote Cl Stelick Yes Cl Christofferson Yes Supv Trumbull Yes Cl Michaels Yes Cl Hattery Yes Supv Trumbull said he has a voucher from the Ellis Hollow Community Center for supplies for their tennis court and the board was unsure whether it should be paid. Atty Perkins said he thought there was an agreement with them, signed each January, that says they are open to the public and that's why we can contribute to them. 8 11ollenbeck noted that the Town had in past paid for items for tennis court_ Supv'Crumbull will look into this further. Cl Christofferson explained that he had met again with the Computing Center, whose First proposal was very expensive, and they have looked at. the things that were most important, such as fire walls, anti virus, a real server, and the Proposal has trimmed down considerably. FIe is concerned about use of the contingency and whether funds were budgeted, for something like this. Cl Stelick said that he believed since they had no concrete numbers at the time it was considered in the contingency amount. It was the consensus of the board that. the funds could be used from contingency and Cl Hattery noted that the end of contingency does not mean the end of resources. Cl Christofferson said they had scaled the proposal down to what they feel is good, basic, solid, fundamental things the Town needs and asked that the board authorize an arnount not to exceed $15,000. Ile noted that the things purchased will be able to move to a new building if and when that happens. Most purchases will be made from state contract. Cl Michaels noted that training should be provided for any new software. RESOLUTION # 103 - AUTHORIZE CONTRACT WITH THE COMPUTING CENTER Cl Christofferson offered the following resolution and asked for its adoption: Prr�o 16 of 17 TB 6 -1M4 RESOLVED, that this Town board does hereby authorize an amount not to exceed $15,000, to be paid by from contingency, to make computer system upgrades and for work by the Computing Center. 21,11 Cl Michaels Roll Call Vote Cl Stelick Yes Cl Christofferson Yes Supv Trumbull Yes Cl Michaels Yes Cl Hattery Yes The Board has a recommendation from the Recreation Commission to appoint: Molly Riley to fill the term vacated by Anne Grant. RESOLUTION #104 - APPOINT MOLLY RILEY TO RECREATION COMMISSION Cl Christofferson offered the following resolution and asked for its adoption: RESOIXED, that this Town Board does hereby appoint. Molly Riley to the Recreation Commission with a term to expire December 31, 2006. 2114 Supv Trumbull Roll Call Vote C1 Stelick Yes Cl Christofferson Yes Supv Trumbul] Yes Cl Michaels Yes Cl 1- lottery Yes On motion duly made, seconded and Unanirriously carried, the board moved into executive session at 10:55 p.m. to discuss the possible acquisition of a particular piece, of property (where public disclosure could adversely affect the value of the property). No action was taken and the meeting was adjourned at 11:35 p.m. Respectfully submitted., I' IW 14 / 11044&d< Barribi L. Hollenbeck Town Clerk Paee 17 of 17 s 6 -10 -04 SPEAKER SIGN IN SHEET If you wish to address the Board under citizens privilege of'the floor please sign in below, Speakers will be limited to a maximum of three minutes. Please provide the Clerk with a %ATitten summary of your statement. Name Address 1 t;23 S Caqk9a S1, EL k313 Towij cf Dryden ® Town Board Meeting June 10, 2004 Name - (Please Print; �. a ►.� _ Ti Mc, 1 % Sc ��I U/ j< vN Address ;.9 �f'i/ `fir r7LoQ[.4 Town of Dryden Recreation Department Jennifer Glaab, Recreation Coordinator Monthly Report Dryden Town Board Meeting —June 10, 2004 1. Upcoming EvenWPrograms: a. "Music in the Park" Summer Concert Series • Schedule (attached) • Co- sponsors — offering business name advertising on bookmarks, fans, concert banner, etc. • Concessions: Dryden Recreation Commission (Hamburgers, Hotdogs, Snacks, Drinks, etc.) • Resolution authorizing the Town Supervisor and/or designee to sign contracts b. Wal *Mart All- American Kid's Fishing Derby • Saturday, July 17, 2004 — Dryden Lake; 9am- 12:00pm — FREE — open to ages under 15 • Co- sponsored by Canaan Flies & More (772 Harford Road, Brooktondale) • Goody -bags provided by Wal -Mart and other national sponsors for all participants (including: bobbers, hooks, rulers, bubble -gum, mosquito repellant, informational packets, etc.) • Contests and prizes for all ages: casting contests, biggest fish caught, smallest fish caught, most fish caught, Hard Luck Award, etc. • Fly -tying lessons, etc. c. Summer Travel Baseball & Softball Teams • Will sponsor 3 -5 teams this summer: 1 -2 U 12 Baseball Team (coach: Rick Phillips), 1 -U 12 Softball Team (coaches: Malty &_ John Hamel and Pat & Doug Hoyt), 1-U 14 Softball Team (Coach: Kathy Holden) & most likely I -U 18 Softball Team. • Travel games with Lansing, 'r- burg., Ithaca, Moravia, Homer, Newfield, Groton, etc. • Season runs mid -June through early- August 2. Updates: a. Sierra Mist Dribble, Pass & Score Local Soccer Competition • Sat. May 22, 2004 — run by volunteers from the Dryden Soccer Club • 22 participants — most from Dryden, Freeville & Ithaca • Pictures & winners (attached) • 4 local winners will move on to a sectionals competition in August�September: Leighann Bennett. of Dryden, Taylor Hoyt of Dryden, Ashley Jenner of Freeville, & Brennan Edmonds of Dryden. b. Pepsi Pitch, Hit & Run Sectional Baseball Competition • 10 local winners from Dryden competed in a sectionals competition on May 22"d in Horseheads. • No one from Dryden took I" at sectionals this year C. Duke Erickson Co-cd Adult Softball Leagues • Underway with: 4 Saturday teams & 7 "I'uesday/Thursday teams 3. Boat Rental Proposal: • Revised budget proposal (attached) •. Requesting $3,000 be added to the Recreation Program Line to run this program 4. Recreation Partnership update: • 2005 payment options 5. Budget Update (attached) 1*