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HomeMy WebLinkAbout2005-04-14TB 4 -14 -05 TOWN OF DRYDEN TOWN BOARD MEETING April 14, 2005 Present: Supv Stephen rrumbull, Cl Stephen Stelick, Jr., C1 Martin Christofferson, Cl Christopher Michaels, Cl Michael Hattery Elected Officials: Bambi L. Hollenbeck, Town Clerk Jack Bush, Highway Superintendent Other'1'own Staff: Mahlon R. Perkins, Town Attorney Henry Slater, Zoning Officer Dave Putnam, TG Miller Engineers Debbie Gross, Environmental Planner Supv Trumbull opened the meeting at 7:05 p.m. and led board members and guests in the pledge of allegiance. ,)_ Rich Strong and Torn Doughney of Time Warner and Carol McTague of the NYS Public Service spoke with the Board regarding Time Warner's franchise agreement which expired in 1991. Ms McTague is the Senior Municipal Consultant for the Department of Public Service and assists municipalities -in negotiations with the cable corpanies. Another public hearing will be necessary, and Mr Doughney said the document has not changed since it was presented last year. C McTague said she will answer any questions the board has about the proposed agreement. One of the things her office does is approve the renewals that come before them between the cable companies and municipalities. She said the terms and conditions of the franchise under which the town is operating are very much out of compliance with new Federal and State regulations and laws, and it would be to the Town's benefit to have a franchise that lives up to the current terms and conditions. Any individual concerns could be addressed in a new franchise document. The Public Service Commission adopted new regulations this month and will be trying to take a more proactive approach in handling the renewals in that if any of the parties to the agreements would like mediation, the Public Service Department will provide that mediation. Some of the important things that have changed are the primary service areas. The PSC requires all cable companies in the State to provide service wherever there are 35 homes per mile. Time Warner, however, has lowered that number to 20 homes per mile. Under Federal l.aw a municipality can require a cable company to provide 5% gross of all cable services derived from the operation of the cable system in Town. C McTague said if the Town's franchise does not have an all- inclusive definition, the Town could be losing reeve n u es*. This is also an opportunity to work with Time Warner to provide service to areas that fall one or two homes below the 20 homes per mile requirement. Public access is another area ghat can be negotiated. Cl Christofferson said having the help of the PSC would be helpful. Ms Mc'f ague said she would be willing to review the agreement as proposed by Time Warner and comment on it. The board asked her to do ghat._ The FCC has said that internet service is an information of 19 service, not a cable service, and language in the agreement that: again deemed a cable service, tl computation. T Doughney said came down with that ruling. Tli 4 -14 -05 as such is not subject to franchise fees. There can be if there is a change in federal law and internet: service is once ien that source of revenue: will be included in franchise fee Time Warner had treated it as a cable service until the FCC Cl Christofferson said he would like to see more people be able to get internet service because in the near future people will be ill- prepared without it. C McTague said Time Warner is now offering a package that provides phone, digital and i.nternet service, and it is up to them how they package it and price it. T Doughney said Time Warner is a very aggressive company and they like to get new customers for the company. The price of extending cable is more expensive if they have to go underground. He said that the new regulations allow for a 15 -year franchise agreement: and Dryden could be the first municipality in the County to take advantage of that. He also noted that there is one municipality that put a portion of their franchise fees into a fund and used that money when it had accumulated to extend service to areas that had no cable service. Cl Christofferson said his concern was that by the time the 'Town had accomplished that there would be some kind of wireless solution and whether it would be cost effective. It is estimated it would cost about two million dollars to expand service to the entire town. Cl l4lattery asked T Doughney to provide the Town with data or a map indicating what portions of the 'town arc currently served by cable. Cl Stelick asked what would happen if the Town did not renew its franchise and C McTague said if Time Warner or the Town would like to request mediation, they will work with the parties. She noted that she did not see any big issues that would require mediation, but thinks it is just a matter of sitting down and doing it. CITIZENS PRIVILEGE Dan Karig, of the Conservation Board, addressed the board about the Six Mile Creek Monitoring. He said he thinks the monitoring is going very well and the work accomplished in the last year was better than other groups such as the fall Creek group. They have learned quite a bit and some of that is money saving and they will not. be making redundant measurements. This project has generated other projects and interaction between the volunteer group and USGS, and USGS will be giving them some extra help. USGS and the US Fish and Wildlife are proposing to do some work on biodiversity and sediment lode, and will be able to share some of that information. He noted the data collected is valuable for a number of years, and the Town of Ithaca has asked for budget information through 2006. D Karig said they intend to proceed with this project for several years. Cl Michaels said it. would helpful to have figures prior to budget preparation for the coming year. Simon StLaurent read an excerpt from the Dryden Courier into the record: "George Szlasa, who was foreclosing on the golf course, was stunned the town did not make a bid,he said, because he knew exactly what the supervisor was authorized to bid. "My attorney told me" he said. Szlaza's attorney and the town's attorney are the same man, Mahlon Perkins, whose own house overlooks the golf course, sharing the same magnificent view of Dryden Take with ® Hammond Hill in the background. Page 2 of 19 TB 4 -14 =05 Perkins is nut of town this week, but Trumbull said, "he's legal. He really is. A lot of people: have asked about iC_'° Trumbull said questions have €_[erne up regarding Perkins' role, but nothing appeared compromised, Perkins, he said, attended exec kifive sessions in which the purchase price was discussed, but had recused himself from participation.' S Sf.Laurent asked the board "If Town Attorney Mahlon Perkins recused himself from this sale, what legal counsel did the toI.vn retain to advise it, and why was Perkins in the room for Phis discussion? And then, what steps does the ]hoard plan to take now to ensure that. information vwhirh is supposed to be shared with the public is public, and inCorination that is supposed to be confidentio.I, executive session, remains con [idential? The board asked if there were other comments, and Joe. Osrneloski asked what the highest figure the town was autlnoriz d Lo spend on the golf course and Sijpv Trumbull said it was $360,000_ J 0smeloski asked why the Town did not: bid on the golf course. S upv Trumbull said he was given authori ty to bid. but it was tLp to his discretion, He thought it would be like a normal bidding process, but now has found out that's not the case. He said the Board's attitude for the last several months has been that they would like meone privately to invest in the property and the Town would support theta_ He said if you �unalyze $360,000 and probably double ii: for all the renovations and repairs, it's taxpayer maney, Arid the; Town is building a new town hall, and he 3ust didn't think it was the right thing to do. Sarah 0%rn closki :asked what the Town is doitng to insure the preservation of the property and said a inausin development would make :i big m sS Cherc_ ti1pv Trumbull s:�,id it i z nod residcni1ial and he didn't i:hink i:hey could stop a development, 0smeloski asked if the Town was willing to accept that and Su pv Trumbull replied they don't want to, but right now that's what it is zoned as ;�rkd they woU16 have (0 go through a. procedure to change the zoning, O Slater confirmed that and said the Board would have to consider the effer;i: on all the F anes, not just that specific 50 acres, or else create a scparai:e disl.n . fc�r il:_ Cl Michaels said the Town had put out press re lea sus saving khe Board was interested in working lopith a developer who was interested in buying the property and maintaitning It as a golf course_ He said the F3oard is not trying to be secret about: it, and the Town is not interested in ovpming a golf course, but is interested in seeing a golf course exist in th €y Town of Dryden and if they can for;ilita.te that they are all for that and there arc things they can do. The,} are c vuIuating development rights and rig hi.s the, town can acquire that can help with whatever financial issues therx. might be, J Osnncloski said the comprehensive plan rails for approximately 150 acres in Dryden for recreational land_ He said he thinks there iL5 no w 50 acres of recreational property in the Town. He said that will all cast Inoney7 and bud' the golf course (70 acres) would have bumped that up �su big tan tially if the Town was interested in purchasing the go] f course. He said in any venue, reaching the 1,50 acre goad of the corn prtrhensive plan will cost' rnoney. He asked whether the Town u,as just not int'erustc,d in having the golf course, but having their recreational sites on something else, page 3 of 19 Supv Trumbull said thaVs a possibility; that mayt)e it was lard instead of concentrating it in one part of the, township - Cl Mattery said the board has talked Bbout this publicly a actually p+archasing :end operating a golf course, they have taken publicly made ii: clear that they would partner with a private part purchasing and maintaining that as a golf course. •r9 4-14-05 a grand idea w spread out this number of times, and short of a let or initiative and have Y Chat was irac:rested in Supv Trurrmbull said they have spent a loi. of money and a lot of time. to investigate this, S11,aurent asked whether the board hired outside counsel to advise them and Supv Trumbull said they had retained Mark Wheeler la_lkt January-. StLaurent asked why Atty Perkins was. in the room foy- the discussion if he had recused himself frorn the discussion and Atty Perkins said he was invited by the Town Hoard, and that his client had authorized him to tell the board exactly what he Leas going to bid and the price the Town set was bailed on what. his client wai4 going to bid, not on any other factor. He, said his client decidud what to bid based on the judgment of the Supreme Court that vwos awarded hin, and it was public record, A1:ty Perkins told S StLaurent that lie would have explained this if he had been call(,Ld, rather than trying to make a public spectacle. S StLaurent asked Atty Perkins if the Town Board had authorizer d him to tell his client what they were going to bid and Atty Perkins said no. S StLaurent said his client Maid Atty Perkins had told him, and Atty Perkins said he thought it was public knowledge, S StLaurent said it vwaxn't public knowledge, that he hadn't peen the number Published nor in minutes. Auy Perkins said he believed it was public knowledge and his client had given the Town snore information than any other bidder so that they could make iii informed dccision StLaurent said he wanted to know whether the Town Hoard was interested in extending the same generosity to Atty Perkins' Client that his client offered to the Town, and said he didn't see a sigrk that they did, He said that makes him wander whether Atty Perkins' participation oi: executive session was appropriate, Atty Perkins said thc; board can invite anybody they want to executive session, and StLaurent asked whether information discussed in executiwr(: is supposed to leave executive sr:ssion quid why executive sessions were held in the first place, Cl Hattery said what they basically have is hearsay published in a local newspaper, S StUiurent asked whether they wanted to keep information in executive session private said if riot, %wrhy hold the executive session in the first place? Tony Hull, reporter for the Dryden ouri(;r said the article puts the cart; beforo the horse. That what Atty Perkins is saying I that it's not 13is client. figuring out what the Town is doing, it's the Tou-n figuring out what tiia client is doing; that his article is essentially backvLrEuAs, and ti-tat he didn't know it al: the time_ easel; Bill Openshaw, regarding the wind turbinet5 t;hal: Cornell is considering constructing Page of 19 '1913 4 -14mO5 "At the last Town Board meeting we presented a petition urging the Board to amend the ZOrkirig 1a i to pro hibi( the, oongl:ruiNtion of large C m omercial wind turbi Wnes anywhere in the Town of Dryden, We also brought each of you an information pack perta1ning to our wind turbine concerns_ 1 hope you havQ found 5orne time to review• that material. Since the March meeting, I and my neighbors have been going door to door iriforining other folks what: Cornell is planning, We have :also made phone Calls 1:0 different Cornell departments who have an interest in the Mt Pleasant area. What we have discovered was that practically no one, hicluding the affected Cornell departments, had any kriu ledge of Cornell's mind turbine farm plans. And after being informed, the overwhelming reaction to this news was that: of surprise and dismay. People can't believe that Cornell would even con%iClGr this defiling of one of the County's very special natural areas, but rat the same time the prevailing public sentiment is that: Cornell has come to expect that it can do whatever it wants. I have attended two information meetings in the last couple of weeks, The fast was at my home with Cornell and a small group of n6ghb0r%S, The second meeting, which was well attended (over 100 peoplej, was held 0 wt,ek ago at the Vania Community Oenl:e_r. In both cases Cornell did their best to minimize our concerns and fears. Cornell had large posters on display in which they incorporated what L consider Frick photography which gave the illusion 11hnt. these 400' wind turbines weren't really that big. Cornell did acknowledge thnt. these structures would have to be; equipped with flashing strobe lights, but these lights were most visible only at night_ And yes, Connell said there iN a flickering shadow effect created by the sun and the propeller blades, but it reAly depends where you are how bad that effect would be. if you're on the CorncII Campus it's not really a problem at all_ On the issue of noise, Cornell said not to worry, the ne w improved turbines ire not as loud as the old ones_ And Cornell assures us they are looldng into the bird and bat mortality issue. They have contracted their own in -douse lab of ornitholo&y to make the determination. Coincidentally, in California many wind turbine farms are shut down because of lawsuits involving bird and bat mortality. Also, Cornell has told us not to worry about the wind turbines close proximity to the Ian ding flight path of the airport_ According to Cor•nell's in terpretation of the FAA regulations, it's riot: a problem, Interestingly though, the chief flying instructor from East Hill Flying Club stood up at the Varna meeting and stated in his opinion putting up eight 400' wind turbines on Mt Plea &ani: seri ously jeopardizes the safety of the airport, We are here again this evening to present you 14ith the same petition, this tirrke with .what we hope you will consider a significant number of signatures, over 4010. It is signed by many folks who love living on Mt Pleasant. The real: of the signatures are from people who love Mt Pleasant for a multitude of other reasons. W e are counnrrg on yo-Li to prevent Cornell from making this unethical, self- serving mistake in the Town of Dryden_" Cl fviichaels said his understanding is that current Town law does not allow l:his use. O Slater said it is rkot allowed yin. }where in the Town, C1 Michaels said that Cornell has submitted to the City of lthaca .s processes_ M Robertson that right new Cordell is just doing a feasibility study, and said they will not both or with everything that is involved unless they can dOCUMefi11 for their own purposes thaE there is enough wired to make it economically worth doing, rind that they 4;rn mitigate the bird and bat problems, and maybe the airport problems. She said she thinks when they have answered those throe; questions for themselves, i.Men they will begin to go through the various approval_ She said she doesn't: think them. is any contemplation that they wi11 try to get around the approval process, but she Maid we have all seen that they hu.ve a lot of firepower if thcv want to get a variance for a pal- dcular Zoning issue_ At this point, they are=n't sure it's worth it. Page 5 oC 19 '1 `B 4 -14 -05 Sup %r Trumbull said re pre %untal:ives of Cornell had stated that if they came to the town for approval wid were denied, they would stop th(; process right there. Someone noted that a community in Wieronsin adopted a moratorium al" r they had already permitted the use bCQ'C1Llse there was such a reduction of home values in the area (as much a3 6% reduction for those able to sell, and some were not able to sell ). M Robertson said Cornell had s11ated that in some instances the developer would make same paymcnl: to the municipality (County, school disfricI., town) as a sort of compensation, She said this is pretty preliminary, and Cornell said at the meeting in Varna that they would stop if they didn't get a variance, and that is si gri i €iL:ani. because they have taken other projects through lawsuits, Avery Park asked if there had been any discussion between the Town ward and Cornell and was told there had been none_ John emmler said Cornell u the neighborhood rncetJngs has told them that their property values will increase after this project takes place and sa=ys there is a study I:hat shawl that_ ,J Scmmler said he believes that at this point their property values have already gone clown and can't get much lower because pctople nrc� ooncurned about: what this proic'nt is 80ing to be, and maybe after it's built it might be a little better than they thought, so they might go up a little, He said he doesn't believe they will get to what they were a year ago. J Sernrnler said he and his wife live on Mt Pleasant Road and will be surrounded by the wind turbines, so they visited the wind turbine site in Fenner, New York, He said it scared him and is noisy. When the turbines turn to face the wind ii: is litre a train on a railroad track, rnurAI oink Trict,4�kI. 'There is a hum from the generator, which is the size of a school bets, He said he would hate to see these anywhere in the Town of Dryden_ Cornell has not made the financial i in pl ication a clear, and J Sernrnler said he believes this is more than a feasibility stage_ He said if Correll oval sincere about saying they would stop if the Town Goard did not approve it, then why are they going to all these meetings mid building an aizemometer_ He believes Cornell huz a plan to carry on with the project_ 1Fic said there are Statc grants available for construction of the facilitic_s and there are Federal subsidies fixr production credits, and there is somet=hing inherently wrong in taxpayers paying C:ornell's utility bills. Cornell admitted at 1 :he meeting with the EMC that they get a]] their data from the Wind Energy Coalition and the turbine builders (General Electric beiTig the 1) ig one), J S'ernrnIer :aid if it weren't for the financial incenl,ives, he doesn't believe C<orneJl would have gotten into this. M Robertson said that: for those interested Cornell will he taking buses to the wind farm in Fenner, New 'York, on May 14. They will leave, all 9 :00 a.1n. and be back icy :00 p.m. and she will tale names of those interest :�d, Mr emmler encouraged people to go on their own and drive around to e.�cpen nee the noise and effect of the turbines. Mike TaUxski, of 554 Vn11 Creek Road, said he would like to make theTown aware of a potential pro blein that: needs to be corrected. Currently electrical contractors have the choice of using either New YOTk Fire Board Underwriters or Ail Inntic 1nIand for Inspections. F & T 1Distributing recently built a nem warehouse on Hanshaxv Road, and the subcontractor for F & T chot5e to use Atlantic Inland. Atlantic Inland found no violations. A problem was discovered by P 8s T and they va Ile d in Floyd Ferris of Comm onweaIth Electric Inspection Service, Inc. wI-k0 documented 24 code violations_ The general contractor hired another electrical contractor to Page 6 of 19 TH 4- I 4-135 repair these violations and upon reinspection Floyd Ferns Found three additional (90de Is violations (not by the people who rnade the repairsj_ M Tolargki said i:he ri rst contractor knew what lie was doing when he_ went to Atlantic Inland because they are not as highly skilled as Floyd Ferris, According to M Talarski there are also code violations on the outside of the Dryden Village Office: the riser that comes from the street is too low, it is not supported properly and with a heavy snowstonn it will pull off, the old service was not removed, it was 120 f 240 volt system, 3 phase and currently is 120/208. He saitl it still has 3 phase motors �whicb operate on 230 volts, so they are under voltage, drawing more amperage than what they should be, and potentially i:hey are going to overheat. and burn up_ He said thm- arc few iF.crrls in the bUiIdin that he doesn't lulaw about -- the main panel vas made into a subpanel, and wonders if the clrE %I.n al inkpector checked to make sure the bonding was taken out of that or was it left in, and this changes the way the breakers will trip. Ithaca Produce on Johnsen Road used the same electrical contractor and M Talarski paid he wonders what kind of problems are there that have not been discovered. He recommended to the Town Board that they use c;it.her New York Board of Fire Underwriters or another in8}pe aion agency that is more reputable. Barry Kasonic of Kasonic Builders was the general contrac_tOr for V &T. The F & T building is a Morton type building and P 'I' valled in an outside contractor to look at the structure and th v had to put in 222 bolts that were missing from the I beams. There were 100 lap scams with no bolts at all. M Talarski said this is soirsething the Town should look into and that he didn't think that regUIT-ements for electrical inspectors For Atlantic Inland is as stringen11 aL% New York. Fire undenvriters. O Slater said the 'Towrk's local law authorizes three: c ornpanies to do inspections= Plow Board of Fire Underwriters, Commonwealth Eleanical lnspection Setvice, Inc_ and Atlantic Inland. He noted that the inspector for the F & T job is no longc;r employed by Atlantic Inland. It is up to the individual contractor or projector [tuner to decide who does the electrical inspection_ T;�Jarski said he is the business manager for the ele(!trician's UDian in Ithaca and wos notified by F & T about the problems they had. ZO Slater said the 'Town was aware of the problems F &'19 ha.d_ ZO Slater said the persor, who is assigned to this Town for Atlantic inland presently is a licensed inspector, but he did not believe the previous one was. ZO Slater wiII report back to the board can the status of ir.s local law and what. the Tolkkm can require of inspectors. Supv Trumbull told M Talarski the Town would look ini:n the situation, H] G)ffWAY DEPT & DPW ,Jack Bush raid that for the most part this punt winter wasn't too bad and less money was spent on overtime_ The rece ;n1: rain event resulted in about two weeks worth of work on town roads_ Thcf Preeville and West lldalloryville areas had significant flooding and houses that were surrounded by water_ He asked that people check their ditches and driveway culvert pipes for blockages to help avoid problems. A group of I•iighwny Superintendents and vendors recenilly visited Albany for two days and tnei with legislators. roads :arc deteriorating and state Funds for repair have been reduced and the purpose of the trip was to make legislators aware of the need to maintain funding. He Page 7 of 19 1984 -14 -05 gave the board copies of information distributed in Albany where they attended legislative sessions in orange safety vests and harp] hats_ presently ire the town, swecPers are out trying get dust and cinders left from winter off the: roads_ COUNTY BRIEFING Martha Robertson thanked J Bush for going to A] hEmy and said their presence did make a difference and the County hail recently passed resolutions regarding the funding for highway maintenance and repairs. She said historically there has been a state and federal partnership with lrrc lities on rr)ac] pro}cor. and r.he state ha% been bac Icing sway from their hisforio 1,5 %. The County in its 2005 budget put in a new 4 person crew and machinery for regular maintenance and started to plan for a five year capital project in an ailteInpt to catch up on surne work_ She also thanked J Bush for the street light at the Brooktondale & Route 7 intersection. M Robertson said a rough estimate of the damage on County roads from the flooding was about $75,000 to $100,000 and two wrpt;ks worth of work to repair what was washed out. The Facilities & Infrastructure Committee this we }tk heard from Join Lampman on what the relative big projects would be for the summer. In Dryden they are planning to wf)Tk. ou Turkey Hill from Ellis Hallow Creek to Mt Pleasant, Caswell Road from West Dryden Road to Route 34]x, all of Midline Road, game Farm Mosel (County portion) and Irish Settlement Road. Thev did a lot of work on Irish Settlement a couple of years ago and it hasn't held up so they nreud to repair it. Ellis Hollow Road is not. On i1he li A yet, and she encouraged people to call John Lampman if they wan ted to get that road on the list_ M Robertson has been working with the Transportation Council and Comell trying to get a park and ride lot in the neighborhood of i,he N YS EG intersection of Routr. 13 and 366, This week they put out a web -based survey of all Connell employees asking where people's destinations are, hew often they travel into campu%, :end trying to get some information on people's traffic patterns so that they can design the park and rides in productive locations_ M Robertson said she believes there will be substantial interest in a lot near NYS E0 She said one of the things that keeps people from u %ing public transportation i daycare, and a daycare facility at the location would be helpful_ CI Micha6s said that half of Ithaca s infant care is provided by IC 3 an the corner of Warren Road slid Route 1:3. He said he believed Come]] is considering additional daycare and they have talked about building across the street from that facility, and assuming they do that then 751% or all center -based rose for infants and toddlers would be there_ M Robertson said perhaps they could encourage them to build it near NYS EG- CI Michaels said there is something to be said for clustering that where there has already been a determined major need. He said the tech park also wants a place for lunch, ctc., and it may make sense to have a park and ride in tFkot location. Robertson said she wanted to give the Town a heads up on this and perhaps thc Board would like to get more involved. Robertson thanked the Dryden Courier for the artic Ie on the kitchen cupboard and said this is a really important need_ She. said often whe_rk families have T)aid for ]lousing, there is no money left for food, and this progrean is important. She said according to the 2000 census, 40% of Torn pkins County households spent more than 30% of their income on housing_ 20% of households spend more than 40 °fin of their income on housing, which leaves little to feed and clothe a family, eagle 8 of 19 TB 4 -14 -05 16 Cl Hattery asked how close the County was to hiring a new highway manager and M Robertson said they had decided to rewrite the job description and search again. ENGINEERING D Putnam said the mapping for the property the Town is purchasing should be available next week or the following week. RECREATION DEPT Jennifer Staton distributed her monthly report: to board members. The Dryden Band showcase was held at the Dryden Fire [Mall April 8, 2005, with 200 participants. The event: raised over $500 which was split: between the bands and the Rec Department. The recreation office will have to move from the Elementary school because of renovations being done over the summer. Dave Horton of Davelle Office Equipment has offered space in his office for $100 per month (includes heat, air conditioning, electric and high -speed internet access). Atty Perkins suggested that minimally there should be a simple lease agreement. RESOLUTION #69 - AUTHORIZE LEASE WITH DAVELLE OFFICE EQUIPMENT Cl Stelick offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the Town Supervisor to execute a lease agreement with Davelle Office Equipment: for office space for the Recreation Coordinator, subject; to approval by the Town Attorney, 2°a Cl Christofferson Roll Call Vote Cl Stelick Yes Cl Christofferson Yes Supv Trumbull Yes Cl Michaels Yes C1 Hat:t:ery Yes J Staton asked the Board to authorize the Supervisor to sign the performer contracts for Ted Crane who does the contra dancing and Cindy Overstreet. who does the swing dancing. RESOLUTION #70 - AUTHORIZE SUPERVISOR TO SIGN PERFORMER CONTRACTS Cl Stelick offered the following resolution and asked for its adoption: WHEREAS, a performer agreement has been drafted by Mahlon Perkins, Town Attorney, to use for local performances coordinated by the Recreation Coordinator, and WHEREAS, the Town Supervisor must 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 is Supervisor to sign a1.1 performer agreements, pending available funds, rued is directed to permanently file at least one signed copy in the office of the Town Clerk of the Town. Page 9 of 19 21h C1 Mrislxofficrson Roll Call Vote Cl Stelick Yes C;1 Christofferson Yes upv Trumbull Yes Cl Michaels Yes 1 Hailtcry Yes 19JA 4 -14 05 J Staton said they will be working to Finish the Wall Street baseball field and it should be ready in time for the championship games in June. :4� Attorney Mahlon Perkins said he has made minor changes regarding program allocations on the agreement between the Town and the County for the youth services programs. It is substantially similar to the agreement for last year and funds are in the budget. The Supervisor should be authorizcd i.() 3ign it- RESOLUTION #71 = AUTHORIZE YOUTH SERVICES AGREEMENT WITH TOMPKINS COUNTY CI telick offered 11h following resolution and asked for its adoption= RESOLVED . that this Town Board hereby authorizes the upCrviSOr ixf sign the agreement: wir.li Tompkins County for youth servicCS }programs for 2005, 2°11 C1 Stelick Roll Call Vote C1 Stelick Yes Cl Christofferson yes uPV Trumbull Yes 1 Michaels yV,% C1 Hattery Yes Atty Perkins said he previously sent the board electronically a chart of the agreement between the 'fowrt and Cornell C�ooperat%ve FXtensiotl for you i'h services and said the agreement is in satisfactory Farm for signature. RESOLUTION 472 - AUTHORIZE YOUTH SERVICES AGREEMENT WITH CORNELL COOPERATIVE EXTENSION 1 Michaels oftred the folJowing resolution and asked for its adoption! RESOLVED. that this Town Board hereby authorizes the Supervisor In sign the agreement with Cornell Cooperative Extension for youth services programs for 2005, 2nd C:1 Hattery Roli Call mote Cl Stelick Ycs Cl Christofferson Yes SupvTrumbu11 Yes Cl Michacls Yc:s C;1 Hattery Yes pa4Te 10 Of 19 TB 4 -14 -0a Attu Perkins said he thought he would have a resolution for the board to consider for thte abandonment of a portion of Sapsucker Wands load in connection %ith the construction of the Laboratory of Ornithology, but they are still a few days away from closing the transfer of the newly constructed road to the Town and under the agreement with Cornell, the board does not have fo consider that re solution until such time as they have actually conveyed the,, road_ For background he explained that there is an egreernent between the Town and Cornell and Cornell has lived up to their portion of the agreement. There wa some issue about the trees which has been resolved satisfactorily. Cornell has tagged them with input: by the Highway Superintendent and the trees will be moved by December l5, 2005_ That agreement still has to br_ signed and the formal closing %i:iII needs to take place, Atty Perkins will probably have a resolution noxt month regarding the abandonment of the old Sapsucker Woods Road. The County Highway Manager has already consented to it and J 13u5h has recommended it, so it is only a question of passing the resolution. lltty Perkins has two rnattert5 for r:xecutive session, one involving litigation and the nthcr is collective bar dining details. He will be sending prior to the next meeting proposed findings for the annexation petition of DT -vderi M1J.l;ual_ There has been a petition for annexation presented by Paul Simonet for annexation of a small parcel of land on Route 092 which borders other property he awns in i.he,, Village of Dryden which lie intends to develop. A public hearing will need to be scheduled for this matter. He said in this situation annr;xariort makes an avh-ful lot of sense_ ENVIRONMENTAL PLANNER Debbie 0 rose said she had pre viouOy provided the board with correspondence from Stephen Penningroth regarding continuation of the agreement acid funding far the Six Mile Creek Monitoring Program, and provided the board with a proposed resolution approving the propos.a.l, The amount has increased due to an increase in the number of seanptes being collected, She said so far analysis has been completed on the two baseline events and the only paramctf-.r Monitored that showe4l any potential problems was the bacteria in some of the sites was a little bit high, She said they recently did a storm sai7ipLing and that is just now being analyzed. RESOLUTION #73 - APPROVE SI% MILE CREEK MONITORING PROPOSAL Michaels offered 11h following resolution acid asked for its adoption= Whereas the Six Mile Creek Volunteer Monitoring Program has completed a successful start -up ,year, includi n g volunteer recruitment, trajn1ng, initial sampling design, and 4 sampling avent.s, and Whereas development of citizen rn an i,,,r ing capability will enable the four municipalities L n the Six Mile Creek Watershed to better manage this water resource and to meet stormwater management requirements, and Whereas the program is Seeking additional funding for acNhivities in 2005 in the amount of $3,225 from the Town of [Dryden, slid Whereas the Town of Ithaca, City of Ithaca, and Token cif Caroline have already approved equal contributions to this }grogram, Now therefore be it resolved that: 1 _ The Dryden Tn%%,rt Board supports the SL x Mile Creek Volunteer Monitoring Program for 2005 programming and authorizes payment of $3,225 for this project, and Pale I I of 19 2. The Town Board authorizes Supervisor Steven Trumbull to sign an updated agreement with 11he Corn rnunity Science Institute for this service_ gnu Cl Stelick ]doll Call Vote Cl Stelick Yes Cl Chri�stoffersorn Yes Supv Trumbull Yc.,N Cl )Michaels Yes Cl Hattery Yes TB 4 -14 -Q5 D Crass said that the Planning Board at their meeting on March 17 looked at the comprehensive plats in light of %ome of the public comments and made a few small changes, r.hen voted to recommend the plan as amend(-A to the Town Board_ She asked how the board would like to proceed_ C1 Christofferson Said he would like a presentation from the Planning Board on the plan acid after discussion, the Town Board decided to attend the next Planning 2oa<rd meeting (April 281 for that present,atlion, Prior to that D Gross will try and het an updated version to the Town Board membpers and make it available on the town's website_ D Cross said the Stormwater Annual Report in clue June 1 and there is requirement; to hold a public hearing before ie is approved and sent to DEC_ She would like that to happen at the next Conservation Board rneet.inS on May 10. They would theta be able to make recomrne;ndation9 to the Town F3oard prior to its meeting on May 1. 2. There was Some dL scussion about whether the hearing should be hold in front of the Town Board since the Town Board has to approve the report. D Gross will check on ilha.t and get bark to the board. D Dross said there is some funding available through the Environmental Protection do Fund which would support stormwater rriariagernent activities and there are a iot more points available in terms of receiving the funding if it is a crooperative effort:, so they are encoUraging all the MS4 communitiet5 in each County to submit a joint application, The Sail a; Water Conservation District and Cayuga Lake Watershed 10 are working tiagether to compile: a grant application_ Some of the fu riding is for requlrccd actions and implementation of required local laws, There would be $3, 0DO per municipality that could cover staff time, Iegal fees, consultiag fees or marcrials, and there, are some other items that are opfional, in order ro submit the application they will need a letter of intent completed and signed by the Tovm Supervisor. Because the: grant application has not ,}yet becrk vwritten, she asked that someone from the Town Board be designated to be involved in reviewing it before it is submitted, because them, are some options about which of the possible compunQnts the TowTI vwvuld like to receive funding for. The board decided Supv Trumbull :should be authorirsedl D Cross said some: of the options include the po ten tia] to look at inspection of S( 1ptlC vstems and developing some sort, of system or local law that -would require inspection at the time of property transfers, A higger potential piece of that would be developing a system that would encourage routine maintenance of septic syst,em and in ay even seek sources of funding for repair. Atty Perkins asked if this was pre- empted by the County Charter. D Gross said the only piece a municipality could do on their own would be to work with meal estate companies. The County Health Department currently only looks at complaints and new installations_ 0 Gross said the County' Pianning Department is involved in wriLing this grant application and she is talking 14ith the Health Depic3rtment regarding whether they were: interested and how they would approach it. 1LESOLUTION #74 - STORMWATER MANAGEMENT EPF FUNDrNG APPLICATION Cl 1- 1 attery offered the following resolution and asked for its adoption_ Page 12 of 19 TB 4 -J4 -O5 Whereas funding is available through the ]Environmental Prow. ction Fund to support Storm water Management Activities of M S4 corn rn uni tie s and the deadline for applieation9 is April 291h, 2005, and Whereas funds are preferentially awarded for collaborative applications, and Whereas the MS4 coininunitics in Tompkins County are currently putting together a group application with assistance of the Cayuga Lake Watershed [nterrnunicipal Organization and the Tompkins County Soil and Water Con servo tion District, and Whojreas a signed "letter of intent" form is needed for Dryden to participate in this application, Now therefore be it resolved that: .l. The Dr,}Fden Town Board authorizes Supervisor Steven Trumbull to sign the letter of intent form, anti 2, 7' he Dryden Town Board sis signs Su peiwisor Stevcn Trumbull to assist: with review of the application be fore submission, and 3, The Dryden 7'o %vrn F3oard -recognizes that a separate application under the Statewide Won poi nt Source Abatement and Control category may also be prepared, and authorizes Supervisor Trumbull to contribute to this app] ication process. 2nd Cl Q4liehaels Roll Call Vote Cl Stelick Yes Cl Christofferson Yes 17pv 'Trumbull Yes Cl Michaels Yes Cl Hattery Yes Y ]D Gross said she attended a workshop last week organized by the Environmental Finance Conger and they provide guidance to inunlcipalitic, on funding and planning for water and wa,5tewater systems and other kinds of jtlunicipal utilities. She said it. Was a pretty good workshop and may have been more useful to Town ]Board merribcrs. They will be hawing another workshop in July or August that will have some good tools abouf. financing and planning of water ind wastewater, and she suggested that given the talk here of annexation and planning for water and wastewater between the Town and the Village it would be helpful and sire will pass along that information when it is available_ TOWN CLERK Town Clerk. B Hallenbeck asked the board to approve the March minuiles_ RESOLUTION *75 - APPROVE MINUTES Cl Michaels offered f.he following resolution and asked for its adoption: RE SO LVE0 that this Town Board hereby approves the mina tes of the March 10, 2005, board meeting, „a Supv Trumbull Page I3 of 19 Roll Call Vote Cl Stelick Yes Cl hri %i'of er�on Yes upv Trumbull Yes Cl Michaels Yes Cl Hauer} Yes •rB 4- I4 -05 B Hollenbeck told the board she has had somu preliminary discust5ions with Jim Tantillo of the SPCA about the need for (numeration services_ This may require an Odditional staff person, but if enough communities are interested and the contract: fees are increased, WE.,F may be able to work something out. She noted that it may be cheaper for us to pay the SFCA than for each community to con tract with an 1ndividuaI to do an eniamern fi on, She will schedule a meeting between the SPCA and representatives of the Towns. DISCUSSION Supv Trumbull said the board had received a letter and Petition for Annexation from Paul Simonet. Mr Simonet was present and said he is seeking to develop the properties across from the ]and recently purchased 1.y the Town for the new Town Hall. He said some of his thoughts are contingent on where the Town ends up placing the building, but his hope is to work with the Town specifically on the sewer that would be required from where: it exists today to the new property. He would like to explore cost saving measures for both parties to get the sewer up to that area. He said he would do an engineering study for his side and the Town might need an engineer to say what the needs might be on an elevation 1);)L il r hie would then come up with a proposai to the Town_ He understands the Town has not yet determined where exactly the Town Hai] might be, 1 Christofferson said he lives right nexk ho the area proposed to be annexed and is vary interested about what will happen on the property. Though he sits on the Town Inc rd he is also a neighbor to the property and has been there For .1.8 years. He said it's hard to be objective, taut he agrees that it males a lot of sense to cost share_ lie is concerned about the plan for the development, and P Simonet said he would be happy to discuss it in a different format forurn. P Simonet noted that the County plan rriore than supports the need for the type of ht>using he has in mind. Cl Michaels said the cost sharing proposal suunded good, and he thought the Village k rould bcnefit from it too, upv Trumbull asked the board if they would prefer to mako pa yment to the Recreation Partnership in ore lump sure e divide into two payments_ The board prefers to make one payinr.nt. Therc has been a reyttcst from a resident of Qame Farm Road requesting municipal water to a group of homes there because of the close proximity of a line extension by the Town of Ithaca, D Putnam will try and find out exactly where the lines will be placed. He Noted that creation of a small water disErict Wn111d probably he very expensive- upv Trumbull said he has been approached by ,Judge Clauson who would pilfer to have a Village Police 01icer presenI' during court on s, estimated at a cast of 10 000 per year. They wouid like to exchange those services for the code enforcement services the Village currently re(Neives. Ci Michaels said he would like to sx=eb this more al, budget tune and Cl hristofferson said iF this was a clean swap it would be another matter. There; is a question about whether they intend to n0 longer emp] oy the currcnr. court security Person. Cl Christofferson said if we can cui: $10,000 from the Court) budget, then it would be even, S upv Trumbull will try mid get some clarificarionI 1'age 14 of 19 TB 4 -14 -05 Supv Trumbull said the board needed to determine a location for the new Town Hall building. Supv TrumbuII an Cl Hatter,}- would like it sited on the front of the lot near the road. Cl Christofferson and Cl Stelick would like it further hack_ Cl Christofferson said there are costs that need to be consider(-A, He's heard that there is talk of putting a separate building out back for recreation and he's heard conflicting accounts cif the amount of funds available_ C1 Michaels said the amount of available funds is a separate issue from how much they are willing to spend_ He proposes a me( ing u-ith the architects to discuss siting and design with or witho tit recreation accommodations_ Ha understands various ideas include puWrig the rec departrn ent and town hall in one building or near each other or a scp;�rate building near thc1 back of the lot. He said he can see them sharing a parking lot. There are various considerations and he doesn't feel that strongly about either option. ZO Slater swill schedule a meeting with the architcef- M Robertson said she hadn't heard anything previously about a recreation building. Cl Michaels said one of the potential ut5es for the land is for recreation facilities and so there is potential for adding on or including in the beginning public bathrooms, etc_ He sa-id there is potential Nr that in the future, but we are much further along on the town hall. There is no plan for specific recreation facilities. RESOLUTION #76 - APPROVE ABSTRACT #4 Cl i4Jirha,els offered the following resolution and oslked for its adoption; RESOLVED, that this Town Board hereby approvc!s Abstract #4, as audited, vouchers # 19,E through #275, totaling $206,22932, 2,10 Cl Stelick Roll Call Vote Cl Stelick Yes Cl Christofferson Yes -LIPV 'rumbull Yes C1 Michaels Yes Cl flattery Yes C1 Stelick said the Recreation Curnrnission lies rt ceived an application I`rom Dan Schmoe to serve on the Commission and are recomm(.Fnding him for such, RESOLUTION #77 - APPOINT D SOHMOE TO RECREATION COMMISSION Cl Christofferson offered the following resolution and asked for its adoption: RESOLVED, that this Token Board hereby appoints ]Daniel Schmoe to serve on the Recreation Commission, witb a term expiring Decembr:r 31, 2007. 2n11 Supv Trumbull Roll Call Voce Cl Stelick Yes C1 Christofferson Yes Supv Trumbull Yes Cl Michaels Yes Cl Flattery Yes Cl ML 8 lchaelg aid they had :elected applicants to fill vacancies on the Conservation Board. lie said there were a lot of applicants with a tremendous amount u expertise in the F age 15 of 19 TB 4 -14 -OS field. Coincidentally, the Conservation Board had provided their order of preference for additional members and Tim Woods and Robert Wesley were also on their top of their list. RESOLUTION #78 - APPOINT T WOODS TO CONSERVATION BOARD Cl Christofferson offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby appoints Timothy Woods to serve on the Conservation Board, with a term expiring December 31, 2007. 2nd Cl Hattery Roll Call Vote Cl Stelick Yes C1 Christofferson Yes Supv Trumbull Yes Cl Michaels Yes Cl Hattery Yes RESOLUTION #79 - APPOINT R WESLEY TO CONSERVATION BOARD Cl Michaels offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby appoints P. Robert Wesley to serve on the Conservation Board, with a term expiring December 31, 2007, 21111 Cl Stelick Roll Call Vote Cl Stelick Yes Cl Christofferson Yeti Supv Trumbull Yes C1 Michaels Yes Cl Hattery Yes With respect to future agenda items, Cl Michaels said the board had put money into its budget for an emergency services consultant. He will draft an RFP for the board to review at the next board meeting. He will tailor it for basically a needs assessment phase and on a consultant basis. Cl Stelick said they had discussed it at the last chiefs meeting and it was basically unanimous that. they don't think we need a consultant at this time. Cl Stelick said he is concerned that: we are finally moving forward on various things and we need to be very careful that we don't move backwards. Cl Stelick said he was initially in favor of this, but after discussing it with the chiefs, he is concerned and said we need to go further with the emergency services committee and then transition into something different and he doesn't think they're ready for it. yet. He believed that was also the consensus from the chiefs. Cl Stelick said he thinks the board needs to be proactive with the possible wind farm. He asked why Cornell would continua on with something when they know that the'1'own does not allow the use. He said the Town should not wait until the last second when they come forward with a proposal. They will be spending a lot of money in the meantime on the project. Cl Michaels said he interested in knowing if this is an option they are considering over something else. Cl Stelick said he reviewed all of the information provided, and Cornell has put a lot of effort into this. He is concerned that they continue moving forward knowing what our ordinance provides for, and suggested we may want to hire some expert counsel, and urged the board not to wait. Page 16 of 19 TB 4-14-05 Cl Hattery said the public image Cornell is putting forth is that this is in response in part to some student interest in reducing dependence on fossil fuels. He suggested the board ask a representative of Cornell to come and talk to them in a public meeting. M Robertson said one of the things she heard Cornell say was that they wanted to respond to the students, and that. is good and it is a worthy goal to reduce dependence on fossil fuels, but a couple of the criteria such as wanting the project to be on Cornell land and close to existing NYSEG lines, would be to save Cornell money. They could accomplish the same thing by purchasing wind power from existing producers. Supv Trumbull will contract Cornell and invite them to a meeting to discuss the matter. On motion made, seconded and unanimously carried the board moved into executive session at 9:42 p.m. to discuss a matter of litigation and collective bargaining negotiations. The board moved back into regular session at 10:07 p.m. RESOLUTION #80 - BONUS FOR RECREATION COORDINATOR Cl Stelick offered the following resolution and asked for its adoption: WHEREAS, it was decided at the time of hiring Jennifer Staton to fill the position of Recreation Coordinator that after six months on the job and pending Board review/ recommendation she would be eligible for a $500 bonus; and WHEREAS, April 1. 1, 2005 marked six months of employer for Jennifer; therefore be it RESOLVED, that this Board does hereby approve payment of the $500 bonus to Jennifer Staton in her next paycheck. ® 2nd Cl Christofferson Roll Call Vote Cl Stelick Yes Cl Christofferson Yes Supv Trumbull Yes Cl Michaels Yes Cl Hattery Yes RESOLUTION #81 - INVOKE CIVIL SERVICE REINSTATEMENT RULE Cl Christofferson offered the following resolution and asked for its adoption: WHEREAS, it was verified by Kevin Ezell previously held permane Officer with the City of Cortland and reinstatement rule (Rule XV111 of the the Tompkins County Civil Service Personnel Office that nt competitive class status in the title of Code Enforcement as a result the Town of Dr den is eligible to invoke the Civil Service Rules for Tompkins County), and WHEREAS, the Town hereby abolishes one 7..oning / Code/ Fire Enforcement Officer position and establish one Code Enforcement Officer position, RESOLVED, that the Town of Dryden is invoking the reinstatement rule and appointing Kevin Ezell to permanent competitive class status in the title of Code Enforcement Officer. 2rid Cl Stelick ® Roll Call Vote Cl Stelick Yes Cl Christofferson Yes Supv Trumbull Yes Page 17 of 19 T13 4 -14 -05 ® Cl Michaels Yes Cl Hattery Yes RESOLUTION #82 - PROVISIONAL APPOINTMENT - HIGHWAY SECRETARY Cl Stelick offered the following resolution and asked for its adoption: RESOLVED, that Dianna Applegate is hereby provisionally appointed to the position of Secretary to the Town Highway Superintendent: (pending jurisdictional classification to the Exempt Class of Civil Service). 2nd Cl Hattery Roll Call Vote Cl Stelick Yes Cl Christofferson Yes Supv Trumbull Yes Cl Michaels Yes Cl Hataery Yes RESOLUTION #83 - APPROVAL OF CONTRACT WITH THE INTERNATIONAL UNION OF OPERATING ENGINEERS FOR SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER COMMISSION EMPLOYEES Cl Stelick offered the following resolution and asked for its adoption: WHEREAS, the majority of the Southern Cayuga Lake Intermunicipal Water Commission's (Commission) non - managerial employees in the Production and Distribution Departments voted affirmatively on January 31, 2001 to be represented by the International Union of Operating Engineers for the purposes of collective bargaining; and WHEREAS, the Commission, in good faith, entered into contract negotiations with the union for a successor contract to the original contract that expired on December 31, 2004; and WHEREAS, on December 9, 2004, the Commission's negotiating team reached tentative agreement on a contract with the union's negotiating team; and WHEREAS, on December 1.5, 2004, the employees in the union bargaining unit ratified the tentative contract; and WHEREAS, the Commission has reviewed and approved the tentative contract; and WHEREAS, the Town of Dryden Board has reviewed the tentative contract and determined it to be acceptar ble., NOW, THEREFORE, BE IT RESOLVED, the 'roxvn Board of the Town of Dryden does hereby approve the tentative: contract; and, be it further RESOLVED, the 'Gown Hoard authorizes the Town of Ithaca Town Board as agent for the Commission to sign said contract as presented. 2 "d Supv Trumbull Roll Call Vote Cl Stelick Yes Page 18 of 19 TH 4 -14 -05 Cl Christofferson Yes Supv Trumbull Yes Cl Michaels Yes C1 Hattery Yes On motion duly made, seconded and unanimously carried, the meeting was adjourned at 10:10 p.m. Respectfully submitted, leis, /< /in 13avnbi L. Hollenbeck Town Clerk A0 Page 19 of 19 Name - {Please Print} n� "I0ewn of Dryden Town Board Meeting April 14, 2005 'L j �:A%i N Q Address 5-o3 Tcz�wtT> we i Iej w W 4 -14 -05 SPEAKER SIGN IN SHEET If yqu wish to address the Board under citizens privilege of the fluor please sign in below. Speakers will be limited to a maximum of three minutes. Please provide the Clerk with a written summary of your statement. Name / %1 n(3n S-CtLco \,)(S �� \Vq -,,)eV%�� yt,\ I Ajy� Address Ilsq 0 0