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HomeMy WebLinkAbout2005-02-10Present; Elected Officials: TB 2 -10 -05 TOWN OF DRYDEJV TOWN BOARD 11 STING February 30, 2005 upv Stephen TrumIyu11, Cl Stephen Stelick, Jr,, Cl Martin Christofferson, Cl Christopher Michaels, CI Michael Hattery F3ombi 1,, Hvlienbeck, Town Cleric Jack Bush, Highway Superintendent Other Town Staff` Mahlon R. Perkins, 'rown Attorney lienry S1aix}r, Zoning Officer Dave Putnam, TG Miller Engineers Debbie Oros, Environmental Planner upv Trumbull opc;ned the meeting at 7:05 p_m, and led board rrnembers and guests in c.he pledge of allegianoi�._ He introduced Kirnbr .Lrly Oazzo who has agroed to accept the position of Town H i %I:c)T--i an Ms Oszzo Raid she was born and raised in Los Angeles, term to college oijt Ode of FCansas City, and library school of UCLA. She spent five years in Vermont• as a law librarian before moving to this aroma_ Her primary motivatiork for moving hero was the quality of life thail Dryden area offers, and the universitic in t 1 .e aswYa. She currently works at the Hi %tory Center in Tompkins County and hau two children in Dryden schools_ She has spent some time with Harry Weldon, bas been working on the website for Che History House end has spent a few hours with Lawrence Beach. RESOLUTION #47 - APPOINT TOWN HISTORIAN Cl Christofferson offered the fallowing resolution and asked for its adoption; RESOLVED, that this 'Yown Board herf.;b. y appoints Kimberly Gazzo a Town I•listori;�n, 21115 C1 Christofferson Roll Fall dote C1 Stelick Yes O1 Chri %tofferson Yes upv Trumbull Yes Cl Michaels Yes Cl Hattery Yes PUBLIC HEARING SITE PLAN REVIEW APPLICATION OF JC LEASING upv Trumbull o pen (id the public hearing a1: 7;07 p.m_ ..end Town Clerk read the legal notice published in The Ithacu. Jou mat. 4JC Leasing would like to lease a }portion of their facility to DLH +express, a courier service, for the purpose of general dispatch office. John Burress, owner ofJC leasing, received site plan approval to corngtruct the building in 1.993 but: that approval die[ not contain the ability for him to lease portions of the building to other oecu rats. They are asking pertnis %ion to lease this 9,000 sq ft building to a courier service. ZO dater said there iS SuMcien11 on -site parking. County Planniag has no interest: in the project un&r §209 1 & m and i% exempt tinder SEQ R. ZO Slater suggested that the recent Standard conditions of approval be attached, which would allow the applicant to as %ign these f sae I of] 7 TB 2 -10 -O5 types of activities to second parties- f•[e said this is an administrative action as long as the site has the capacity to handle the business., and he believes it does, There were rro cornmerLts or questions, a-n.d the hearing was left open at 7:11 p.m, PUBLIC HF MUNCY SPECL4L PERMIT APPLICATION OF NICHOLAS B]ELLISARIO TO CONSTRUCT & OPERATE .A SELF STORAGE FACILITY AT 15 OAK BROOK DRIVE (continued from 5- 13 -04) �9upv'T'rumbull opened the public hearing at 7112 p -m- and Tuwn Clerk read the legal notice published in The Ithaca. tJourrkol- ApplWant is requesting a special permit to construct: and operate n sell = storage facility consisting of four 20' x 120' pre - engineered structures at 15 Oakbrook Drive. ZO Slater said at the: flay .13, 2004 hearing #h ere was considerable discussion regarding sturmwa.l.c&r management and erosion control, and asked the applicant to provide an approved storm ester management and ero5i an control plan, construction drawings of the proposed buildings, and to take into consideration screening needs relative to the lBoutras property- Applicant has had a stormwater prevention plan prepared that, hes been reviewed by the Town's Environmental Planner and Engineer- onstruction drawings and photos of the proposed buildings have been provided, as well as some screening options. ZO Slater said it is unclear' from the screening plan where the printings will be and what the length of the plantings or fence would be. Tom pkiras County Planning has previously reported that the Town is Free to act. N Bellis,irio displayed photos of potential plantings or fencing for screening and wild there is already somewhat of a rnatural Buffer near the Boctrus residence. Cl Hattc'ry asked if a fence could be installed without broadening the Footprint of the drive -pway and the applicant said that it could. 'i`hc board discussed with the applicant the location of the drivcway and buildings with respect in the Boutros properi_y- Dave Putnam explained the storin ater management plan a.,;; presented and where the water would flow through the property- Cl Hattery asked about what appears on the map to be a proposed addition to the building and whis;h was not a parl' of the original application. Applicant said he asl{rd the engineers to include that ror purposes of possible future expansion to insure the plan would handle the flow. D Putnam noted that you are supposed to plan for bLJiId -out of the Site when a plan such as this is made, Cl I -1attery asked if the plan was still Ftar a daylight only facility with no need for lighting and applicant said that. was Still they case. Supv Trumbull ask<A if anyone wat5 present who wished to comment an the JC Leasing application. There W(Lr no coiiitncnts and the hearing was closed at 7:30 p -rn. and Atty Perkins was asked to determine whether a S rQR determiriation was nrcessary on thP, JO Lcasing applicadon while the Bellisario hearing continued. Virginia Test was pre setnt ass attorney for Susaln Boutrvs, She said she has nwiewed the original proposal, meeting minutes and t:he history of the file as well as new proposal dncLurneiit, and is requesting that the public hearing be continued and decision reserved until the DEC has had a chance to review the application and rorninerit. This would also give adjacent. property. owners time to review it: and consult with a personal engineer, as her client would like to do, in order to fully understand the document. She said the Boutros' house is 15 feet' from the biaundary line and very much downhill of the subject property. Page 2 of 17 19B 2 -1Q -05 Cl Michaels asked if the Boutros had a. pre:ferrnce for fencing or trees for the screening - S Boutros said she wc,uld like the (}pportunit }� to leek at opiiotts- i SL'e~ lick asked why the DEC would be involved, and Debbie Gross staid the DEC doesn't typically mvie w 11h plans. and usually just wants submission of a notice of intent, but in this case DEC saw the site, reviewed the plans and had some concenis, so they asked to see any future plans. D Putnam Saki thi:J Was dc-,NignC(J iri aCCOrdanCC with 1) 1� esign standards and they require a five day notification before work is started. V Tesse said she understands that, buI: t.hr: adjacent owners should have 6wv to n�vicw the p1jirt, ark that because DEC requested a look at the final plans, they would like time to do that. D Putnam said the reason the DEC was involved at all initially was brx:nuse the fir;;t plan was substandard and they needed some ammunition to take back to the original designer, and that if the current plan had been submitted first, the DEC ,would never have rnade a site visit. 1 Michatl% said he understands that a lot of work had been done befor(-: the current owners bought the site, and wondered if the impact of construction and stor•mwater management plan is being measured from the proper tim(.:. l) Gross said her understanding of the DEC reglations i u s that the: mquim.ment is to go back to when the current owner started working with the site and if the Town wanted something more stringent there Tvauld have to bC arl ordinance. BOutrus said it looked to her likC Tewse said Mrs Boutros would like: to speak if the hearing is going to be closed tonight. Cl Hattery said the board would like to hear from anyone who has a cornment- BOutrus said it looked to her likC what was being presented today was different than what was presented in Ma y. She said the 1900 sgkiare foot addition was new and she wanted to be clt a that if approval is given today, that lie would in fact: hive to come back for approval Cor that addition and the board con fu-med that was the case, Boutros is concornc,•d about the number of trees that may be reinc)vvd acid said that the snap in the report is represented as the existing conditions, while .it is dated 2002, and the overall report is elated January 2€3, 2005, She said the k)wer photo is snore representative of the vegetation. It is a si:eep site ajid removing rrteyre vegetation reprotients a significant charge in the rate of runo #f. She pointed out where trees were: {lying off an the site, and the visual buffer bO:ween the properties was decreasing - She said the area is mixes] between reside-ntial and Commercial and she_ would like to see a reasonable balance, and would like to able to enjoy some privacy in the back of her property. She is also (.9unceri3ed about eroKiwi, the ainoun1: of runoFf of water and her art CSian well. She sugguc3ted that Bel liqurio make solve arrangement for access through The Antlers property. She said that: Mr Bellisario hns been removing i_mes on his property that previou%ly provided a buflar- CI C:hrixtofferson asked S Boutros what: she would like I:o see for buffering and she said she would like to have i'm.es and a 6' wooden fence so that she would have more securi ty, and demonstrated on the nicap foi• hirn where she would like the fence placed. N Bellisario said he didri't feel both were necessary, and them were no windows a)ri the end of the house that faced the driveway. N Bellisario said he planned to have a e;ha.in link fence around the buildings with a gate. Boutros said she ix concerned about the pond and lnosqui1:os since it appears there will be standing water. She said she has quest: 0T1,q about the: hours of operation of the business and vwas told it would not be IighI -ed. She said there is already light that: shines on her property- Cl Hattety said this is a day -use facility and there will be no lighting, and 1t has not been restrii,1;ed beyond da}Iight- the said she would like iI, to be lirnil:ed to 7:00 p -m. so L5he has pri vacy in hear hack yard- Increased i'mffic is also a cuncern, as ue]1 as noise. S Boutros said theme is mention of art oil filte }r in the retesnF.ion pond and she Wondered if it is P��c 3 of 17 TB 2 -10 -05 ® anticipated there; will be pollution of the pond with oil, pesticides or fertilizer, and what would happen if the pond failed. She :asked if there would be additional fill placed for the addition shown in the plan. She is concerned that the engineering firm had the correct grading map and whether the contour lines were correct. Mr Bellisario said the map and contours were as of October 2004, V Tesi said the most recent photos in the plan are June 2004 and Mr Bellisario has done additional regrading and clear cutting of the vegetation, and that would affect the environmental review. Mr Bellisario would have to come before the board for approval of any addition to the building. Nancy Connelly asked if Mr Bellisario was going to keep the green or brown color of the buildings and he said he was. She said she approves of the current design. Cl Hattecy asked whether the stormwater management plan was supposed to have anything with respect to impacts on existing Lie -es, such as runoff and loss of soil. D Putnam said runoff would all be directed to a pond and funneled through a control outlet. 'there will be no runoff directed to trees unless they happen to be in the area between what: exists and what is proposed_ The public; hearing was closed at 8:05 p.m. V Tesi asked if it was possible for them to submit documentation before the beard makes a decision some time in the next few= weeks and whether the board would consider that additional documentation. C1 Christofferson said the board may make a decision in the next few minutes, but if they did not, they would accept additional documentation. The board moved into regular session and Att., Perkins advised them a SEQR declaration was not necessary because there are no changes to the site in the JC Leasing application. ZO Slater recommended the tx)ard continue the 1997 conditions. RESOLUTION #48 - APPROVE JC LEASING SITE PLAN Cl Michaels offered the following resolution and asked for its adoption: RESOLVP.D, that: this Town Board has reviewed the application of JC Leasing for approval to lease a portion of their facilities to DFIL, a courier service, and determined that it is a Type 11 action, exempt from SEQR, and approval is granted, subject to the current Standard of Conditions (7- 2000), and the continuation of the 1997 conditions of approval, as follows: 1. Construction of the access to Abbott Road to be built within 1 year (August: 1.998). When Abbott Road access is built; sign shall be removed which directs traffic to Route 13 and no exit sign on Lower Creek Road except for local delivery installed. 2. Approval of drainage plan by town engineer. 3. Sign installed for drivers. 4, No more lighting installed or signs advertising. S. Easement for Monkey Run water and server district. 6. If there is any problem with outside lighting this will have to be mitigated. 23Irl Cl Christofferson Roll Call Vote; Cl Stelick Yes CI Christofferson Yes Supv Trumbull Yes Page 4 of 17 TB 2 -10 -05 ® Cl Michaels Yes Cl Hattery Yes The board reviewed the SEQR form in connection with the application of Nicholas Bellisario. RESOLUTION #49 - NEG SEQR DEC - NICHOLAS BELLISARIO Cl Christofferson offered the following resolution and asked for its adoption: WHEREAS, A. The proposed action involves consideration of the application of Nicholas Bellisario d /b /a Pro Law, to construct quid operate a sell= storage facility consisting of four 20' x 120' pre - engineered structures at 15 Oakbrook Drive. B. The proposed action is an Unlisted Action for which the Town 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. 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 I.aw - the State Environmental Quality Review Act; "(SEQR), (i) thoroughly reviewed the Short Environmental Assessment Form (the `Short EAF "), Part I, and any and all other documents prepared and submitt:rd with respect to this proposed action and its environmental review, (ii) thoroughly analyzed 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 §617.7(c), and (iii) completed the Short: EAF, Part 11; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The `foam Board 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 §617.7(c), and (iii) its completion of the Short EAR, Part 11, including the findings noted thereon (which findings 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 Environmental 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 determination of significance, confirming the foregoing Negative Declaration, which fully completed and signed Short EAR and determination of significance shall be incorporated by reference in this Resolution. 2,,a Supv Trumbull Roll Call Vote Cl Stelick Yes Cl Christofferson Yes Supv 'Trumbull Yes Cl Michaels Yes CI Hattery Yes Page 5 of 17 TB 2 -10 -05 Cl Michaels said he had some concerns about the Bellisario approval. He said he believed a substantial amount of the property owned by the applicant was being modified and the mitigation plan contemplates an addition, and it is not clear whether that will be constructed now or at some time in the future, but it seems the entire site is being modified. Clearly a lot of fill has been added and clearly a lot of demolition work has been done in terms of trees. He said he does not feel the board has been presented with a mitigation plan for the entire site. He is also concerned about how much of the work was started before the application was made and has continued thereafter. The work done was represented as not being part of the property that the approval was sought for, and he doesn't necessarily agree with that. He said he does not know what the plans are for the entire site and is not confident the board is seeing a mitigation plan that reflects the entire site. Under those conditions he feels the request to delay the approval is reasonable, and at: this point Ile is not inclined to approve the permit on the sole issue that it is part of the entire plan for the whole project. With certain conditions he would be amenable to approving a plan for the entire project and thinks that some of the issues can be mitigated, but he doesn't feel they are seeing the plan for the whole site. D Putnam said the stormwater plan addresses the. whole site, but. the other part of the proposal specifically addresses the storage buildings. The stormwater law states you are not supposed to segment the plan, but look into the future and plan for that. What the applicant is saying in the application is that the only other real plan for the site is an addition to the back side of the shop on trop of the hill and that has been addressed. Cl Michaels said he thinks there is a resolution to the issues with the neighbors to the extent that the board can impose, but. he still feels they are not seeing the plan for the whole site. D Gross said the original proposal that. came in May was just for the smaller site, and the disturbance based on that proposal was likely to be less than an acre, which meant that a DEC style stormwater plan wasn't required, but: it was on seeing the amount of disturbance that is going on on the full site that triggered some concern. As a result of that, the applicant has been cooperative working with two engineers to get a stormwater plan done, and that stormwater plan has considered the full site, all of the conditions before the applicant started and all of the conditions now. She pointed out that the steep slope must be re- vegetated as part of the plan. She asked the applicant if the reason for the original re- grading was to expand the area on top for additional parking, he said it was. She asked if there were intentions to continue that and applicant said there were riot and it had been 80 %, re- vegetated. D Gross said she thinks that the plan does look at the full site. She suggested when the Town considers a stormwater ordinance in the future there could be a stipulation saying that: existing vegetation shall be maintained to the extent possible, but: there is not one in place now. Cl Michaels said he thinks there are a lot of conditions that would have been put on this development and site, not the least: of which being that existing vegetation Should not be disturbed as part of the stormwater management: plan. The work was done prior to coming to the board and he is uncomfortable; with that:, and would not be troubled by delaying approval of the application. Cl Christofferson said he didn't. know what else the board could get with a delay that. would help him, that studies have been done, and they are close to getting terms amenable to each party. This is the second opportunih.r to present information and he is in favor of moving forward. Cl Michaels said he has visited the site and he does not think it is ® unreasonable to do both the wooden fence and trees. Page 6 of 17 -1-B -10 -05 RESOLUTION #50 - APPROVE BELLISARIO SPECIAL PERMIT Cl Christofferson offered the following resolution and asked for its adop6()r1: RESOLVED, that this Town Board hereby approve% the special permit; application of Nii�.ht)las } ellisario d jbf a Pro Law, to construct and operate a self- storage facility con %iNting or four 2 0' x 120' pre - engineered sttwtctures at 15 Oak Brook Drive, subject to the following conditions= 1_ tandarc] Conditions of Approvals (7- 2000); 2_ To be operated as a daylight only facility with no outside lighting', 3. Applicant will con si:ruet a 6' wooden fence and plant and main Win (rues (6' at planting and l ' : l matunty) betWeeD applicant's prnperty and property of Su San Boutros aIong the drive} {gay extending the lengi'h cif the property to the chain link fence %orrounding applicant's facility. The screening plan {prepared by a landscape dc:�igner) must be approved by the Town Bourd- 4, Applicant will maintain eAsting vegetation to th(t extent possible. 2«i' Supv Trurn bull Roll Call Vote Cl Stelick Ye6N CJ Christofferson Yes Supv Trumbull Yes Cl Micharpli No Cl Hattery Yep Cl Michaels said if the board now had the thing% it is }waiting on, hc_ probably would 40 have voted yes. CITIZENS PRIVILEGE Norie. HIGHWAY DEPARTMENT & DPW Jack Binh disphayed drawings prepared by Trowbridge & Walt` of changes he would like to see around the town hall and highway building,. These include increased plantings of trccs and re- arrangement of parking spaces_ Parking in front: of the town hall building would be eliminated and a grass, area would be installed, as well as in front of the highway department bullding_ They have previously planted trees, in the area between the town buildings and Empire Livestock buildings, They hope to eve nt :ually have a salt storage buIIding, but have been holding off on that' until they arc pure of where the town hall is going. Once: that is deterrnined they will move forward with their pljcms, COUNTY BRIEFING Mike Large said the County Board meets twice a month and ut each meeting there is timeI set aside for any municipal o €fciaJ who wants to address the legislature regarding relcw�nt issues and invited the board to talcs advantage of that, Northwest Airlines will now bc: flying oui: of the Torn ins Regional Airport and tickets are now on sale for flights beginning in May_ There wilt be two flight, in lbounc] and outbound every clay to the hub at Detroie which will provide western connections inchiding to the Pacific rim out oI' Ithaca, which has been lacking for some time. Tompkins County was able to get them tip come i:o this airport by giving them sorrke benefits and guarantees in the first year- The y have developed a public - private part nrrLNMip with bu sines se ,the our1ty, and Cornell Page 7 of 17 TB 2- 10-t)5 is University to guarantee them approximately $270,000 the first year. The County believes there will be enough business recaptured to cover that. Cornell University has agreed to insure that it: directs over half a million dollars worth of its air traffic for various things through Northwest. Any other airline that wanted to do the same things on the sane terms would be able to do that. They don't think it is competing with US Airways and their contract is up for renewal next year. To day, the County has not had to put forth much which could be deemed a subsidy from the local taxpayers. He said about 61% of the air traffic that could be flying out of Ithaca goes to Syracuse, Binghamton or Elmira, but expect to be able to recapture some of that as the prices have come down substantially and are very competitive. The Government. Operations Committee will be looking at some of the tax exemptions are available including veterans exemptions, senior exemptions, exemptions for disabled, etc. They will be sending letters to the Towns about: the maximums they can institute should they wish to do so. M Lane said he chaired a meeting ,ruesday night for the property owners in the sewer district north of the Village, and thanked Supv Trumbull and Cl Stelick for attending along with Mayor Taylor of the Village for being available to answer questions. This was not an official meeting, and was done to try and take a look at the issue of whether or not annexation should be proceeding piece -meal or whether it should be done as a district. Letters went out to 35 property owners in the area and about 20 attending the meeting. It was a good airing of issues about the problems with the sewer plant in the Village, the need for water extensions, the past annexation of the DOT parcel, the proposed annexation of the Dryden Mutual parcel, services provided in the Village, tax rates, costs and potential costs for the construction of waater or sewer lines in the area. He said nothing was resolved at the meeting, and property owners were encouraged to contact: their attorneys, the Town or Village, or M Lane to see what the next step would be. He noted the agenda included discussion of a county tax collection proposal and said there is no county tax collection proposal. Supv Trumbull asked if the County saw a problem with the existing method of tax collection. M Dane said this comes from the committee that: has been working to ascertain cost savings to county/town residents. They have also looked at highways, police protection, courts, co- insurance, etc. One of the issues that came up from discussion was the process for tax collection that we have at the present time and whether or not: there is a less expensive way to do that. That issue was refered to the County Government Operations Committee to simply gather information. In December he sent a letter to the Supervisor requesting information on what it costs the Towns to do tax collection. They intended to compile that information and take it back to the intermunicipal group with information of what it might cost if it was contracted out. He said apparently this has become a political issue and he has heard from a number of municipal officials that the Town Clerks have taken this as a county proposal to take over tax collection, which is an affront to their jobs and to the services that they provide as tax collectors in their municipalities. He said that is not what this letter is about. It's about: gathering information. To change what we have now would probably require state legislation to begin writh. M Lane said the tax collection system is quite archaic and some of the taxing authorities have gone to less expensive and less complicated taxing. Tile Ithaca City School District contracts with the "Trust Company to collect its taxes and Dryden Schools contracts with the Dryden Funk to collect it: taxes. He said the County goes through a cumbersome two or three stage process of the County printing the bits, the Town Clerks sending them out, warrants being issued, satisfaction of the warrants to the Towns first, then to the County, then the taxes being returned by the clerks to the County. The County making whole the towns, school districts and the Villages for unpaid taxes, and then the County doing foreclosure for unpaid taxes if necessary. He said this is a system that provides a lot of services, and people have someone at the counter to talk to about it. Page 8 of 17 TB 2 -10 -05 M Lane said he doesn't think gathering information fora municipal group should be taken as any kind of threat to anybody, He said tax collection procedure is mandated in the state Real Property Tax Laws and exactly how it: would be changed if they decided to do it, he wasn't sure. The Lax collection procedure is left over from the old Board of Supervisors, where the County was run by the elected Supervisors of the Towns and also separately elected supervisors frorr► the Cities. It made sense in that type of government, but he says he thinks it is archaic and cumbersome. M Robertson said she is in favor of saving the taxpayer money, and regardless of where it resides, if it is more efficient. and saves money that is the goal and a benefit to the citizens. M Robertson said one of the tax exemptions that they are going to look at this week is one for a family who fixed up their home for their disabled daughter, for the renovations made to their home to accommodate her. The budget and capital committee heard from the committee who has been looking at income tax as a possible way to off -set property taxes. She said the people on the committee are business people and accountants and there are real pros and cons to it. This would not be on top of current: property tax. They would only be looking to do this if it replaced a certain arnount of property tax. It would change the distribution of who is paving more. They are also looking at a payroll tax that would help broaden the tax base for the County, as there are more than 1.3,000 that commute into the County to work. They will be working the numbers and report again. ENGINEERING ® No report. RECREATION Board members have a copy of the monthly report. J Staton said she would not be doing anything with the ice rink for this year because by the time they got the rink put together for the court at Montgomery Park and tilled it would be March, and it was more money than was budgeted for this year. The summer concert series will be eight weeks instead of six this year and will begin in June with the Burns Sisters. The first Club Dryden Dryden Youth Opportunity gi are not. residents of the `]'own children attended the event. this a quarterly event. was held this past Saturday anted $450 to help fund this. or attend Dryden schools (13 All indications are this was a it the Dryden Middle School. The There was a $5 fee for children who in attendance). A total of 240 huge success. They hope to make Cl Stelick said the Dryden Recreation Commission, through SUNY Cort:land's Ree tip I,,eisure Studies, is conducting a telephone survey of the needs of the Town of Dryden residents as far as recreation opportunities. This is more; geared toward adult recreation and is a ten- minute survey. `1`hcsy have randomly selected an equal number from each of the voting districts in the Town to get an idea of the needs of the Town's residents. Calls will begin on February 14 and they will have the results of the survey within 2 months. Cl Stelick said he would like a town committee established to look at the recreation opportunities in the Town and would like that committee to consist of himself, Jennifer Staton, Debbie Gross, and representatives from each of the town's centers (F1Gs Hollow Community Center, etc). He would like them to meet and come up with a plan for recreation for the Town because it is not specifically addressed in the comprehensive plan other than to say the town is under with respect to recreational areas. Isle said there were good questions brought up at the psole 9 of 17 TB 2 -10 -05 last board meClirk and ht WOUld like to address them properly, CI Christofferson said the recommendation for our population is surnewhert boween 80 and 1.00 acres of town -owned reercationaI land ;end we hive about 1.5 acres, so by national standards we are under_ telick asked Cl Michaels to also serve on this committee_ Cl Hattery said )lie believes the cornprfLhon%Ive plan essentially says we need a recreation plan_ �'I 14lirhae1; said it has been talked about with increased frequencv RinCe he has been on the board, and Cl ChrisWM:rson reviewed what'r was in the comprehensive plan, ATTORNEY Ai't.y Perkins has prnriou sly provided the board with copies fuel depot agreements between the Town and Neptune Hose and the Town acid Dry duri Ambultuice. He and the Highway Superintendent have worked on these and would like the board to autharize the Supervisor to sign them_ RESOLUTION #51 - AUTHORIZE SUPERVISOR TO SIGN FUEL DEPOT AGREEMENTS 1 Michaels offered the Following resolution and asked for its adoption= RES0LV11D, that this Town Smird hereby authorizes the Supetwisar to exec ttte fuel depot agTmrnents with Neptune Hose Company No. l of Drydent Inc. and Dryden Ambulance, Inc_ 211d Cl Hattery Roll Call Vote] I'elick Yes Cl ChristoFferson Yes 40 Supv Trumbu[I Yes Cl Michaels Yes Cl Hat:tery Yes At.1:y Perkins said he had sent thc_ board a merno on the outstanding issues with Tectonic and said he thought the big issue was i;he geographical restriction and asked the board far their guidance. ,111Ff Kirby of Tectonic was present and discussed the issue with the board_ His recommendation was Chat the geographic restriction be limited to the Town or an adjacent Town and less than two miles from the Town of Dryden boundary. He said the reason for that kw�s that a telecommunications facilit,? located more than two miles from the Town botmdary would have no impact; on the services provided k y that carrier within the 'Town because the F3]&mal doesn't carry that far, In response to a concern from Cl Christofferson, J Kirby said they certainly would not represent: the Town anal an applicant to the Town at the same time, lie said if the Town feels that: it is not get.i.ing an appropriate level of service from them, he would expect the contract to be termina[ed. Tectonic has severai agreerne ms with other municipalities and gone of thern have the raised 1:hc issue to this degree. Attv Perkins said there is language in the contract that requires Tectonic: to advise the Town with respect: to anybody who rnight have a potential application for a project within whatever geographical area is agreed on, and they have also promised not to have anyone working on %tuff for the Town who is also working for a carrier who has an application b( fore the Town- He said ii; realty comes down to making sure that they don't take any work within ei certain geographical area so they can make sure: that personnel is far enougll removed from the Town. Atty Perkins said reasonable compromise would probably be within the Town of Dryden and any adjacent Towns and the beard and J Kirby agreed, Ad Perkins will make t.tke Changes in the contract, RESOLUTION 45 - AUTHORIZE CONTRACT WITH T ETONJIO Page J () of 17 TB 2 -10 -05 Cl Michaels offered the following resolution and asked for its adoption: RESOLVEIa, that this Tovvrn Board hereby authorizes the Supervisor to sign an agreement with Tectonic Engineering and Surveying Consultants, PC for telecommunication consulting services, pending approval of the Town Attorney. 21141 Cl Christofferson Roll Call Vote Cl Stelick Yes Cl Christofferson Yes Supv `i'rumbull Yes Cl Michaels Yes Cl l•lattery Yes Atty Perkins said he e- mailed to the Board on January 21 a draft of an agreement between the Town Board and the Highway Superintendent so that he could make arrangements for the use of Town -owned highway machinery, tools and equipment. J Bush is satisfied with the form of it.. RESOLUTION #53 - APPROVE AREEMENT FOR USE OF TOWN -OWNED HIGHWAY MACHINERY, TOOLS OR EQUIPMENT C1 Michaels offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves t:he Use of Town -Owned Highway Machinery, Tools or Equipment Agreement between the Highway Superintendent and the Town Board. 21,11 Cl Stelick Roll Call Vote Cl Stelick Yes Cl Christofferson Yes Supv Trumbull Yes Cl Michaels Yes Cl Hattery Yes Atty Perkins said he understands that the Town has a contract signed with Empire I.,ivestock and there is a provision that it is contingent: upon the Board holding a public meeting Within 30 days. The acceptance date for purposes of this is February 2 so it would be appropriate to schedule that mc,cting sometime prior to March 4. After discussion, the board decided to hold the meeting on March 3 at 7:00 p.m. at the Village Hall. Atty Perkins has reviewed agreement with Cornell Cooperative Extension for youth services and made, some changes. CI Stelick not:(-.d $43,000 of the $53,294 is for personnel expenses, leaving less than $10,000 that actually goes to programming expenses. This contract covers the Youth Conservation Corps and some other programs offered to youth in the Town. This has been provided for in the budget. The board would like a presentation on this program. Cl Hattery asked if this could be merged with the Recreation Commission. M Robertson said the youth services department of the County has a funding stream that goes to the Youth Commission activities, but not to the recreation side, and that could be a complication. Cl Michaels said he would like more information on what they provide. Atty Perkins said the Supervisor has received Amendment #2 to the contract for t:he Virgil Creek Stabilization Project which extends the deadline for completion to September 30, 2005, and said the board should consider a resolution to authorize the Supervisor to sign it.. Page I I of 17 1`13 2 -10 -05 RESOLUTION #54 - AUTHORIZE SUPERVISOR TO SIGN AMENDMENT TO VIRGIL CREEK STABILIZATION PROJECT AGREEMENT Cl Christofferson offered the following resolution and asked for its adoption: RESOLVE 0, that this Town Board hereby authorizes the Supervisor to sign Amendment #2 to the Agreement for the Virgil Creek Stabilization Project. 2nd Cl Stelick Roll Call Vote Cl St:elick Yes Cl Christofferson Yes Supv 'Trumbull Yes Cl Michaels Yc %s Cl Hattery Yes Atty Perkins said with respect to the Sapsucker Woods Road matter, the title concerns have been addressed and there is still the outstanding issue of the trees that were planted where they weren't supposed to be. J Bush said he has met: with a representative of Cornell and they drove along the roadway and identified the trees. Cornell has agreed to transplant the trees in the Spring, so it. looks like we will be able to move along. ZONING OFFICER ZO Slater said along with the amendment to the also been advised that the money that had been withhe sending a check for everything that. is owed. "There is a Slater, J Bush, D Putnam and some others to decide to work on the creek, agreement for Virgil Creek, we have Id will be forthcoming. REMA will be meeting scheduled for Monday with ZO how proceed with the last portion of Earlier this year CI Hattery, D Gross, Barbara Caldwell, Oers Kelemen and ZO Slater began meeting about continuing education for the Planning Board and Zoning Board of Appeals. They have a pilot put together that proposes a training schedule, topics, etc. to allow each person to conform with the requirement. The Planning Board's hearing on the Comprehensive Plan will be February 17 at the fire: station, Atty Perkins said once the Planning Board has held its public hearing and recommended to the Town Board that: it be approved, the Town Board has 90 days in which to hold a second public hearing because it has delegated the responsibility of preparing it to the Planning Board. The Town Board may then adopt it or send it back or modify it. The Planning Board will do SEQR before recommending it to the 'Town Board. D Gross expects the Planning Board to send it: to the Town Board in April. ENVIRONMENTAL PLANNER D Gross distributed copies of the draft Comprehensive Plan to board members. She encouraged board members to review it and comment either at the public hearing or directly with her. The grail consultant: has put. together a contract including a detailed task list, fee proposal, and an agreement with the Town. The agreement is still under negotiation to correct some of the language. Supv Trumbull and Cl Hattery have seen the task list and fee proposal and feel comfortable with them. D Gross did check with another municipality that has had trail consultants and asked if the cost seemed reasonable and they said that it seemed reasonable. She asked the board to authorize the supervisor to sign the contract once the 1'a�Lge 12 of 17 TB 2 -10 -05 language was resolved. D Cross noted the cost is not: to exceed $25,000. She also noted that if the project should end up costing more than the amount allocated ($102,500 through DOT and $45,000 Town match) the Town will need to prepare to pay for it or have underway applications for additional town funds, because DOT will not expand what it will pay and will want to see the project finished. CI Hatt.ery added that the consultants said it was very typical to be in negotiation process with DOT at the end, and i.f DOT likes the work being done they often will do an addendum to a project. RESOLUTION #55 - AUTHORIZE SUPERVISOR TO SIGN TRAIL CONSULTANT CONTRACT Cl Christofferson offered the following resolution and asked for its adoption: Whereas, the Town of Dryden has received Federal 'Transportation Enhancements funding for the development of a bicycle/ pedestrian trail on the former railroad bed between the Villages of Dryden and Freeville, and Whereas, such a trail would be an extension of the existing Jim Schug Trail and would provide an alternative transportation route between the two villages, and Whereas, the Town desires to investigate the feasibility of this grail and develop a preliminary design in cooperation with the Villages of Dryden and Freeville and the private landowners along the proposed route, and Whereas, New York state Department of Transportation's procedures for Locally Administered Federal Aid Projects requires preparation of preliminary design by a licensed Engineer or Landscapte Architect, and Whereas, by resolution No. 177 (2004) the Town Board has selected as Trail Consultant the firm Marton and Loguidice, with subconsultant: Northeast Greenways, and Whereas, Barton tic Loguidice has developed a detailed task list for the project, fee proposal, and such documents have been revised by Supervisor Steven Trumbull, Councilman Michael Hattery, and Environmental Planner Debbie ross, and Whereas, the fee proposal identifies costs based on tasks, estimated hours required, hourly rates, direct non - salary costs, DOT approved overhead, and a fixed fee, and Whereas, the fee proposal identities costs based on tasks, estimated hours required, hourly rates, direct non - salary costs, DOT approved overhead, and a fixed fee, and Whereas, the fee proposal determines that the maximum amount payable is $25,000, and Whereas, the final Agreement with the trail consultants is nearly complete, but some issues remain to be resolved, and Whereas, it is desirable to move this project forward in a timely manner, given that. the original obligation of funds by NYSDOT was in 1996, Now, therefore, be it resolved that: The Town Board authorizes Supervisor Trumbull to sign the contract with the trail consultant once the contract: has been approved as to form by the Town Attorney. 2m' Cl Stelirk Page l s of 17 Roll Call Vote Cl Stelick Yes Cl Christofferson Yes Supv Trumbull Yes Cl Michaels Yes Cl Hattery Yes I Tf3 I fl -OS Board members have a copy of the proposed contract with the Town of Caroline for environmental planner services. D Gross has suggested to the Town of Caroline that in the long term they may want to find someone else who will have more time for them, and said this contract may coves a transition time. She is comfortable with the contract. RESOLUTION #56 - APPROVE ENVIRONMENTAL PLANNER AGREEMENT Cl Christofferson offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the agreement with the Town of Caroline for environmental planner services, and authorizes the Supervisor to execute the same. 2110 Supv Trumbull Roll Call Vote Cl Stelick Yes Cl Christofferson Yes Supv Trumbull Yes Cl Michaels Yes Cl Hattery Yes D Gross said there was a meeting to review the results of the test well drilled at the outlet of Dryden Lake. Todd Miller of USGS gave a presentation and they discussed what direction the remainder of the aquifer study should take based on the results and how should additional funding be used. There was some discussion about: whether the well should be developed as a water supply, or should they maintain a broad focus on the whole aquifer area. She said the decision seemed to be to continue to explore the broader area. Cl Hattery said he was surprised they were talking about producing wells at all, because he thought the intent: was to characterize the aquifer so it could be better protected. 17 Gross said that was the intent, but they were excited about the discovery of a very high yielding well and wanted to see if there was interest in a more in -depth study of the sight. D Gross said they were hoping that an outcome of the studies would be a model that would show the direction of flow, etc., and they are not sure they will be able to generate ghat model because the data may show that the terrain is too complex to have a model that: really accurate. Some of the funding was for that model, and she said we may want to ask them to rethink what the best; direction to proceed would be. She suggested that the recharge areas could be mapped to the extent possible so those areas can be protected. M Lane said with respect to the aquifer studies, the hope of the County was that eventually the towns would enact ordinances that would protect the aquifer, such as Cort:landvilic has clone. D Gross said Tompkins County has sent a letter to municipalities offering to help compile an intermunicipal application for funding. A project the Towns of Danby and Caroline and the County have discussed is a conservation and management plan for an area called the forest lands mapped out on the 'Tompkins County Comprehensive Plan. It spans the towns of ® Danby, Caroline and Dryden and they are asking if Dryden has any interest ui being involved in the grant application. Thoma Associates think there is a greater chance of funding for an intermunicipal project than for a town alone project. She provided the board with a summary Pale 14 of 17 TB 2 -1 f1 -05 of the project proposed by the county and said they could get back to her on whether the Town would like to be involved. A letter has been received from the Finger Lakes Land Trust. There is a parcel of property for sale along Fall Creek that is for sale (northeast of Freeville). It is a very narrow, long strip of land, mostly in the flood plain. The L aid Trust might think of it: as an important parcel for conservation because it is in the flood plain. Andy Zebb said if there is interest on the `T'own's part, they would be interested in exploring whether a partnership between the Land Trust: and the Town might ultimately put this in Town ownership. They are currently working with Freeville on the acquisition of 52 :acres bordering Fall Creek and the Freeville Board has unanimously endorsed the project and will be holding a public hearing prior to proceeding. D Gross asked if perhaps the Town has some interest in contributing some funding to purchase these lands that have high conservation priority. D Gross said if the board is interested she can make a map of the site, and they asked her to do that. DISCUSSION Thorna Development is preparing an application for funding for the Town through NYS Department of State Quality Communities isrogram for money to fund a recreation master plan. This would include the two villages and the hamlets in the Town. The Supervisor needs authorization to apply. RESOLUTION #57 - AUTHORIZATION TO APPLY FOR FUNDING UNDER THE QUALITY COMMUNITIES PROGRAM Cl Stelick offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the Thorna Development application for the Town of Dryden to New York Stage's Department of State for funding tinder the Quality Communities Program at an amount: not to exceed $25,000. 2111' Cl Christofferson Roll Call Vote Cl Stelick Yes Cl Christofferson Yes Supv Trumbull Yes Cl Michaels Yes C1 Hattery Yes Supv Trumbull said Ron Flynn has brought to him the bill introduced by Assemblyman Jeff Brown providing tax breaks and other incentives to encourage emergency service volunteerism. C1 Hattery said he is supportive of bills that provide these kinds of encouragements to firefighters. 144 has had time to look closely at this particular bill, and it is hard to determine what the actual level of financial benefit would be. Cl Christofferson said it doesn't mean that we have to do it once we do see the financial implications. RESOLUTION #58 - SUPPORT LEGISLATIVE BILL FOR EMERGENCY SERVICE INCENTIVES Cl Christofferson offered the following resolution and asked for its adoption: RESOLVED, that the Town of Dryden is in full support of the Legislative Bill introduced by Assemblyman .Jeff Brown (R- Manlius). This Bill offers tax breaks and other enticements to encourage firefighting and emergency service volunteerism. 2r'l' Cl Stelick Page. 15 of 17 4rF3 2 -10 -05 ® Roll Call Vote Cl Stelick Yes C1 Christofferson Yes Supv Trumbull Yes Cl Michaels Yes Cl Hattery Abstain Supv Trumbull displayed a suggestion from a Dryden High School history class, for the signs to be put up by the Chamber of Commerce. The slogan is "it.'s all here". M Lane said he came up with a short motto: "Welcome to Dryden - Knowledge, Rwnily, Community". Supv Trumbull will check with the Chamber to see if they want pictures in addition to words. RESOLUTION #59 - APPROVE ABSTRACT #2 Cl Stelick offered the following resolution and asked for its adoption: RESOLVED, that: this Town Board hereby approves Abstract: #2, as audited, vouchers #35 through # 125, totaling $594,671.31 211(+ Cl Christofferson Roll Call Vote Cl Stelick Yes Cl Christofferson Yes Supv Trumbull Yes Cl Michaels Yes Cl Hattery Yes D Putnam said TG Miller has submitted a proposed bill for mapping for the property the ® town may purchase from Empire Livestock. They have 1994 aerial photographs of this area and can map the proposed acquisition, the houses up the hill, and the wetlands that [Neptune Hose Company owns. $2300 would be for turning the photographs into a map, ground control is $800 and there would be some additional field work required around the town hall to update the map. He said there can be quite a time lag in the mapping, and he would like to discuss it with the board. if the Town is going to do anything with the land, it will have to pay a surveyor to go out and create this by hand, which would be about $1,300 for two or three acres, and they can do the whole parcel for $2,300. This would include a topographic map. This could be used for planning a trail and would be helpful for the regrading. The architects will need this information and it will be helpful for planning for salt storage. Atty Perkins said the contract with Empire provides that: they will provide a boundary line and occupational survey, and he thinks D Putnam should be lobbying them for their work and giving the Town a price for the rest of the work the town will need, including the topographic map. D Putnam said this would not be for the boundary work. Cl Christofferson said he is not sure what the Town will need yet. D Putnam said NYS wage rate will play a part in this and they will be able to save the Town some money in that regard. The aerial photograph mapping is about. $30 an acre and for them to update the area around the town hall is $1300. This will help in determining where to site the building. Atty Perkins said there is a 30 -day window in which the Town has to hold a public hearing, and there is also a procurement policy that must be abided by. The board took no action tonight. Cl Michaels said this could wrapped in with a landscape architect to plan the site. On motion made, seconded and unanimously carried, the board moved into executive session at 10:40 p.m. to discuss a matter of litigation. They moved back into regular session at 10:55 p.m. Page 16 of 17 TB 2 -10 -05 RESOLUTION #60 - RE- RELEASE NOTICE ON GOLF COURSE Cl Hattery offered the following resolution and asked f'or its adoption: RESOLVED, that this 'Town Board hereby authorizes the Supervisor to re- release the press release indicating the Town's willingness to partner with someone who is intersted in purchasing the golf course for certain specified public purposes. 2,,d Cl Christofferson Roll Call Vote Cl Stelick Yes C1 Christofferson Yes Supv Trumbull Yes Cl Michaels Yes Cl Hattery Yes On motion made, seconded and unanimously carried, the meeting was adjourned at 10:57 p.m. Respectfully submitted, Sambi L. Hollenbeck Town Clerk Page 17 of 17 TOWII of Ur�Vden Town Board Meeting February 10, 2005 Name - {Please Print) Address Li 4 O 1 Z o 3C �1� �, TOWN OF DRYDEN JOINT MEETING TOWN OF DRYDEN AND VILLAGE OF DRYDEN BOARDS ON THE ANNEXATION PETITION OF DRYDEN MUTUAL INSURANCE COMPANY March 2, 2005 This joint meeting was held at the Dryden Village hall and called to order at 7:03 p.m. PDQ Court Reporters was present and their transcript is attached as a record of this proceeding. Respectfully submitted, ti Bambi L. Hollenbeck Town Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 i ' 1 ! r t� STATE OF NEWT •YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - IN THE MATTER OF THE PETITION OF DRYDEN MUTUAL INSURANCE COMPANY FOR ANNEXATION OF TOWN OF DRYDEN TAX PARCEL NO. 38. -1 -30.13 TO THE VILLAGE OF DRYDEN TOWN & VILLAGE MEETING, Held at Village Hall, 16 South Street, Dryden, New York, on the 2nd day of March, 2005, commencing at 7:03 PM. REPORTED BY: PDQ COURT MICHELE L. Notary Pub 746 Route Smithville (607) 863- APPEARANCES: REPORTERS RICE, RPR lic 41 Flats, New York 13841 4911/(800) 528 -9013 TOWN BOARD: Councilman Michael Hattery Deputy Town Supervisor Stephen Stelick, Jr. Town Clerk Bambi Hollenbeck VILLAGE BOARD: Trustee Mark Strom Trustee Daniel Wakeman Trustee Robert Witty Attorney David Dubow, Esq, Mayor Reba Taylor Eli 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Public Hearing MAYOR TAYLOR: This is a Public Hearing regarding the annexation of -- from 2 the Town to the village of property owned by Dryden Mutual. I guess the first order of business is we need to elect somebody to chair this Public Hearing. Nominations? MR. HATTERY: I nominate Reba Taylor. MR. WAKEMAN: MAYOR TAYLOR: (Aye) MAYOR TAYLOR: MR. HATTERY: be, right? MAYOR TAYLOR: Second. All those in favor? Okay, I'm in charge. Be hard for you not to Huh? This was published in the Ithaca Journal -- notice of this was published in the Ithaca Journal March 2nd -- no, that's today -- January 24th, 2005. You have a certificate of -- MR. DUBOW: We've got -- the record should show that we have an Affidavit of Publication from the Ithaca Journal PDQ COURT REPORTERS 1 2 3 4 5 6 7 8 9 10 11 13 14 15 16 17 18 19 20 21 22 23 24 Public Hearing 3 confirming the Village's Before publication we of their notice. I'm assuming that the Town will -- MS. HOLLENBECK: We did too. MR. DUBOW: -- have the same. MAYOR TAYLOR: Before we get any farther into this I would like to note the exits are there and there, the drinking fountains are there, the restrooms are over there (indicating). In case of fire please do not use the elevator. And I would like everyone to go around the table and introduce themselves so that everybody knows who they are. Mike, would you like to start? MR. HATTERY: Councilman. MR. STELICK: Mike Hattery, Town Steve Stelick, Deputy Town Supervisor, Town of Dryden. MR. WITTY: Bob Witty, Village Trustee, MR. STROM: Trustee. MR. WAKEMAN: PDQ COURT REPORTERS Mark Strom, Village Dan Wakeman, Village 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Public Hearing Trustee. MR. DUBOW: for the Village. MAYOR TAYLOR: David Dubow, Attorney Reba Taylor, Mayor, MS. HOLLENBECK: Bambi Hollenbeck, Town Clerk. MAYOR TAYLOR: And Shelly is our stenographer. Shelly takes care of making sure everything is down word for word. I would also like anyone who has any questions or anyone from the Board who has questions to please state their name before they speak so that Shelly has it on her (indicating). 0 And I've got you a list of everybody. Okay. For the record I'd like to confirm that we sent notices regarding this hearing to our attorney; Dryden Mutual; Pomeroy, Armstrong & Casullo; Dryden Central School, who are parties that would normally be affected directly by this annexation. Now, does -- is anyone here to speak in favor or against this annexation? (Whereupon there was no verbal PDQ COURT REPORTERS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Public Hearing 5 response) MAYOR TAYLOR: MICHAEL LANE: Hm -mm? Michael? Mayor, could I make more of a generalized comment here? MAYOR TAYLOR: Mm -hm. MICHAEL LANE: I'm Michael Lane. I'm a County Representative from District 14 County, which includes the Village of Dryden, Village of Freeville and part of the Town of Dryden. I just wanted to mention that on February 8th I facilitated a meeting of property owners of those owners north of the Village that have -- that are located within the Town sewer district up there to provide information to those property owners about issues having to do with water and sewer problems in that area and also the potential of annexation. I invited Mayor Taylor and Supervisor Trumble there and also the Town Attorney and some other people were there simply to answer questions. It was not an official meeting of either the Town or the Village. PDQ COURT REPORTERS E, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Public Hearing It was simply an informational session. There were a number of questions asked at that time. Some people indicated A an interest in annexation of the whole area. Some people indicated that they were not interested in annexation of the area. Some indicated that they were interested in but had a particular need. Mr. Baxter was there and spoke about the particular need that Dryden Mutual has presently to try to become a part of the Village. But I simply want it on the record that people are talking about that and I think the communities need to come to grips with whether it makes sense to annex parcel by parcel as needs arise or whether it makes sense to annex the general area. There were some figures given at the meeting by the Town Attorney and I know those -- some of those figures have been questioned since that as to whether they would actually apply. I would certainly like to have an opportunity to try to get better figures out to property owners up PDQ COURT REPORTERS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Public Hearing there. VA And having said that, I'm not really speaking for or against Dryden Mutual's application here today, but I simply wanted to make everyone aware that that meeting happened. MAYOR TAYLOR: Thank you, Mike. Mr. Baxter, would you like to address the Board and tell us your needs and why you're requesting this annexation, please? ROBERT BAXTER: My name is Robert B. Baxter. I'm the CEO and General Manager of Dryden Mutual Insurance. Quite simply put, my Board is at a juncture trying to plan for the future and we have been in this community since before the Civil War and the Board is committed to trying to remain here. We've undergone substantial expansion of our business in the last five years. It's more than doubled. And we're going to have to expand our building at some point in the immediate -- fairly immediate future. We've been advised by the Department of Health that our current PDQ COURT REPORTERS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Public Hearing situation we have to meet higher standards of water supply, we are on a well. We have met those standards. We struggle to 0 continue to meet those standards as recently as today. In laying down our future in the community we simply need access to public water. We have forty -five full -time employees on site. We have roughly ten part- timers. We are probably looking to add over the next ten years certainly probably double what we have. When it became clear that the Department of Transportation was going to be successful in getting a purchase offer on the land next to us and part of that was to get water from themselves and they were annexed, that put our property adjacent to the Village. We realized that it would have been better for a group of us to have been annexed at the same time but none of our neighbors that I know of have any immediate interest or financial interest in doing so. PDQ COURT REPORTERS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Public Hearing Both the Trustees of the Village and then the Town ought to be also cognizant of the fact that we just purchased the four acre -- 4.26 acres that's in the Village adjacent to our property. I haven't closed on it yet. The offer was just signed, it hasn't been ratified by my Board and won't be until March 22nd. MAYOR TAYLOR: Can I ask you to -- I have the area map that was just done, so you purchased -- ROBERT BAXTER: We're dealing with -- MAYOR TAYLOR: ROBERT BAXTER: it so -- maybe. MAYOR TAYLOR: ROBERT BAXTER: We think we have. That's significant. I haven't closed on That's significant I have a signature but I haven't exchanged money, so... MR. DUBOW: Your property line is right here? You're talking about those two properties (indicating)? ROBERT BAXTER: Let me -- let me -- PDQ COURT REPORTERS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Public Hearing 10 MR. DUBOW: There's -- right here, your property's right in here right in next to (indicating) -- MAYOR TAYLOR: This is what's been annexed in (indicating)? MR. DUBOW: You're right in here (indicating? ROBERT BAXTER: This.portion immediately -- this tri -- it's not -- I don't know, rhomboid figure (indicating) -- MAYOR TAYLOR: Yeah. MR. DUBOW: Yeah. ROBERT BAXTER: -- entire rhomboid figure, it's 4.26 acres. MAYOR TAYLOR: Okay. ROBERT BAXTER: I've got a signed -- MAYOR TAYLOR: Here's a bunch of X's here, people (indicating). MR. WAKEMAN** Right up to that strip, that right -of -way (indicating). MAYOR TAYLOR. Up to this right -of -way, the clear strip, okay (indicating) ? Thank you. PDQ COURT REPORTERS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Public Hearing Everybody (indicating)? (Nodded heads) MAYOR TAYLOR: Okay. Does anyone have any questions of Mr. Baxter? (Whereupon there was no verbal response) MAYOR TAYLOR: Dana, did you have anything that you wanted to say? DANA ABBEY: He said it well. MAYOR TAYLOR: All right. Anyone have any questions? (whereupon there was no verbal response) MAYOR TAYLOR: Does anyone on the panel have any questions? MR. STELICK: I just have something that needs to be read into the minutes at one time. MAYOR TAYLOR: (Nods head) MR. STELICR: This is from -- Steve Stelick. This is from Mahlon Perkins and 11 it's Mahlon's -- what it exactly says is, "I have reviewed the annexation of the petition dated January 5th, 2005 and filed PDQ COURT REPORTERS Y 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Public Hearing January 7th, 20050 My review is limited to whether it's sufficient on its face. General Municipal Law 703 sets forth the legal requirements for the petition. "The petition must describe the territory to be annexed. A legal description, Exhibit A, and survey, Exhibit B, are attached. The legal 12 description attached is adequate to describe the parcel but not labeled. "The petition must state the approximate number of inhabitants in the territory. Paragraph 4 contains a statement about the inhabitants. Petitioner is a corporation and does not inhabit the territory, although the petition indirectly states that Petitioner does. "The petition is signed by the owner of a majority in assessed value of the real property identified as tax parcel 38. -1- 30.13. The signatures to the petition must be authenticated. The form of the authentication is set forth in General Municipal Law Number 702. The PDQ COURT REPORTERS • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Public Hearing authentication attached to the petition is substantially similar to the form. "These comments are necessarily technical in nature and do not address the merits of the petition. If the Board feels 13 it wants to waive the noted errors it can do so following its findings at the Public Hearing." That's it. MAYOR TAYLOR: comments, David, or -- MR. DUBOW: No. Did you have any The only thing I will indicate is that my review raised what I think is also a technical question as to the certification from the Department of Assessment, and it's required that they certify that this is the -- a majority of the owners of the assessed values of the property. And the letter that J. Franklin had submitted, I believe to your attorney, wasn't in the form of a certification, so I took the liberty of speaking with Mr. Franklin and he's now provided a PDQ COURT REPORTERS I� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Public Hearing 14 certification of tax roll information that I think meets the technical requirement. I suspect the original letter may have been sufficient but I think this will remove any question with respect to that. So, I will file with the Village and provide to the Town a copy of that new certification. MAYOR TAYLOR: Steve, will we be able to get a copy of those comments? MR. STELICK: Bambi -- MS. HOLLENBECK: MAYOR TAYLOR: Yes, absolutely. I've got them. Okay. Are there any other people who wish to address the panel regarding the annexation? speak. Yes, Michael? MICHAEL LANE: MAYOR TAYLOR: MICHAEL LANE: If I could just Michael Lane. I'd just like to say that I think the idea of annexation at the area north of the Village makes a lot of sense for the planned orderly development of PDQ COURT REPORTERS • 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Public Hearing the area -- commercial area, particularly north of the Village. It's very difficult to see where the Village stops if you're driving north when you come to the Village line because of the development in that area. I think there's a community of 15 interest between the properties in the sewer district area, and this property is in that district, and also the rest of the Village. I think that that is pretty obvious from the fact that there has been another recent annexation which is adjacent to this and I think that's one of the things that needs to be looked at when you're deciding whether or not to approve an annexation is that community of interest area -- I lost my word -- community of interest factor that needs to be -- be present, and I wanted to say I think it is. MAYOR TAYLOR: Anyone else? (whereupon there was no verbal response) ? MAYOR TAYLOR. Did you want to PDQ COURT REPORTERS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Public Hearing comment on your other meeting? MR. HATTERY: meeting'? a When's your next 16 MAYOR TAYLOR: Our next meeting is March 17th for the Board. We have a special meeting tonight immediately following but it has nothing to -- MR. HATTERY: Well, in response partially to Mike, I think we've been discussing with both Senator Seward and Barbara Lipton utilization of some special legislation to try and resolve a larger scale annexation and /or water district north of the Village and I think we are in a position where we just need to talk about it, both of our respective Boards, a little bit more and have to have another conversation with Assemblyman -- Assemblywoman. MAYOR TAYLOR: Okay. Any other comments from anyone? (Whereupon there was no verbal response) MAYOR TAYLOR: Board members? PDQ COURT REPORTERS II k 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Public Hearing (Whereupon there was no verbal response) MAYOR TAYLOR: Okay. Did we cover everything we need to legally? MR. DUBOW: Yes. MS. HOLLENBECK: Well, wait a minute. Do you need to file objections to the petition? MR. STELICK: Yes. MR. HATTERY: By reading them into the file, you mean? MS. HOLLENBECK: Well, he read Mahlon's memo to you guys. MAYOR TAYLOR: Oh, this is a formal -- MS. HOLLENBECK: Yeah, this is a formal document. MAYOR TAYLOR: Objection to the petition. Okay. Do you have Mahlon's memo also or something with a copy -- MS. HOLLENBECK: Yeah. MAYOR TAYLOR: Okay. MR. WAKEMAN: Are those substantially different or the same? PDQ COURT REPORTERS 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Public Hearing 18 MR. DUBOW: This one makes reference to the same certification issue, to the same -- MR. WAKEMAN: bullet list? MR. DUBOW: MR. WAKEMAN: MR. DUBOW: take that now. So, that's just lice a I guess, yeah. Okay. Bambi, if you want to MS. HOLLENBECK: Okay. MAYOR TAYLOR: That's it? (Whereupon there was no verbal response) MAYOR TAYLOR: Okay. Okay. Hearing no more comments I will close this Public Hearing on the annexation of the property for Dryden Mutual. I thank all of you for coming and we'll be having a findings -- how many days do we have? MR. DUBOW: Ninety days. MAYOR TAYLOR: Ninety days to do the findings and they will be done, published, formally written. We wait until we get back our notes from Shelly because she formally PDQ COURT REPORTERS 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Public Hearing 19 transcribes everything up and everybody gets a copy of that and then those are reviewed and the findings are added and decisions are made at that point in time. Just so you have a feel of how this all works, okay? Thank you all for coming. We'll conclude -- or want to move to close the -- MR. WAKEMAN: So moved. MAYOR TAYLOR: Dan. MR. STELICK: Second. MAYOR TAYLOR. Is there a second? MR. HATTERY: Second (indicating). MAYOR TAYLOR: Those in favor? (Aye) MAYOR TAYLOR: Motion carried. (Whereupon the proceedings were adjourned at 7:25 PM) PDQ COURT REPORTERS 1 2 3 4 5 6 7 20 STATE OF NEW YORK COUNTY OF CORTLAND 8 I, MICHELE L. RICE, RPR, 9 10 that 11 accurate 12 13 Matter of a .18 14 HEARING, 15 on the 2nd 16 March, 17 18 19 20 21 22 23 24 25 26 20 STATE OF NEW YORK COUNTY OF CORTLAND MICHELE L. Notary Pub PDQ Court 746 Route Smithville (607) 863- RICE, RPR lic Reporters 41 Flats, NY 13841 4911 I, MICHELE L. RICE, RPR, do hereby certify that the foregoing is a true and accurate transcription of the proceedings in the Matter of a PUBLIC HEARING, held in Dryden, New York, on the 2nd day of March, 2005. MICHELE L. Notary Pub PDQ Court 746 Route Smithville (607) 863- RICE, RPR lic Reporters 41 Flats, NY 13841 4911