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Home My WebLink About2005-09-15Present: Absent: Elected Officials: TI3 9 -15 -05 TOWN OF DRYDEN TOWN BOARD MEETING September 15, 2005 Supv Stephen Trumbull, Cl Stephen Stefick, Jr., and Cl Martin Christofferson, Cl Michael Hattery Christopher Michaels Bambi L. Hollenbeck, Town Clerk Jack Bush, Highway Superintendent. Other Town Staff: Mahlon R. Perkins, Town Attorney Henry Slater, Zoning Officer Dave Putnam, TG Miller Engineers Andrew Sciarabba, TG Miller Engineers Jennifer Dube, Recreation Coordinator Supv Trumbull opened the meeting at 7:00 p.m. and led board members and guests in the pledge of allegiance. PUBLIC HEARING SPECIAL PERMIT APPLICATION OF ® APPLIED PULSE POWER 2025 DRYDEN ROAD Steve Glidden, President of Applied Pulse Power, Inc., said this is a small high -tech company currently located in the technology park near the airport. Their business is pulse power which he explained has to do with taking the energy from a battery over the course of a few seconds and releasing it in a fraction of a second. The key power of pulse power is the switch that does the discharge very quickly. Their company is working to develop switches for higher pulse power applications. Currently those switches use vacuum tubes and everyone wants to go to solid state. There aren't solid -state devices that %vill switch at those kinds of power levels. They are taking devices manufactured by other people, develop circuits, put them together, package them, and produce a switch. Fifty percent of what they do is trying to develop novel ways to put these components together to make switches and devices that: use these switches. The rest of the work they do is actually putting together these switches and systems that use these switches. They do not manufacture any circuit boards, components or anything like that. They buy it and use outside machine shops for all the fabrication. They take the components and the parts and proprietary circuits and assemble them and sell them. In germs of operations at: the building, right now they have five employees and hope it will grow a few employees a year over tine. They have deliveries from UPS and FedEx and maybe once a week a big truck will come in with a big piece of equipment or shipment. They don't make a lot of noise and much of their tirne is spent sitting in front of a computer. The switches are about the size of a coffee cup, and there are different voltage levels from a few thousand volts to tens of thousands of volts. One application they are working on is replacing switches in medical equipment that are now pressurized switches and they want to go solid state. 0 They plan to acid some windows to the building and are talking about putting in a wall to divide the building and renting out one half for cold storage. 'they will use the existing Page 1 of 24 1*13 9 -15 -05 offices in the other half and hope to expand into the cold storage space in a few years. Normal business hours are 8:00 a.in. to 6:00 p.m., and they occasionally work later some nights. There will be no deliveries or shipments outside of normal business hours. ZO Slater recommended the board attach standard conditions of approval and since they may possibly lease the space, applicant will need an amendment to include that. Applicant said at this point they don't need the entire building, and thought approval of the rental would be part of this permit. S Glidden said he had spoken with ZO Ezell about: ghat possibility. Atty Perkins said there is no mention in the application of renting space to other parties. It would be difficult for the board to approve the use if they don't know what the use is. ZO Slater said he can get an amendment to this permit when they have identified a tenant. Applicant said he will proceed with the application as is. Michael Porker, who owns the neighboring property, after hearing the type of business, business hours, and that there would be no deliveries outside of normal business hours, did not. express any concerns. Supv Trumbull closed the hearing at 7:15 p.m. PUBLIC HEARING SPECIAL PERMIT APPLICATION OF GEORGE & KARYN RUSHLOW, d /b /a AUTOWORKS 1278 DRYDEN ROAD Supv Trumbull opened the public hearing at 7:15 p.m. and Town Clerk read the notice published in The .Ithaca Journal, Rick Rosoff, representing the applicants, said the Rushlows wanted to purchase the old F &s `I' building to open an additional auto shop. They had received a letter from ZO Slater containing four concerns and he will address them. Present with Mr Rosoff are two people from the Independent Service Station Operators and they work all service stations in the southern tier to make sure they are in compliance and that safety is observed. The first is the protection of the Fall Creek Watershed and Mr Rosoff said this is a concern for any shop. All internal drains in service stations have to be sealed and an oil separator system has to be installed so that any fluids that leak out in a facility are contained in the trenches or ductwork, then travel to a filtering system that separates water and oil. The Rushlows have been working with the association to locate the system that will work best for them. A 350 - gallon unit is required. They displayed a metal tray that will be placed under vehicles to contain any fluids that leak while a vehicle is on the premises. R Rosoff said after the filter and separator has done its job the fluid will make its way to the municipal sewer systcm. The second concern was for the nearby Cornell Plantations land. They have been in contact with the Plantations facilities director, Hal Martin, who indicates they have no concerns so long as the fluids are contained, that the facility stays clean and there are not a lot of cars around. They have also spoken with the Ornithology Lab and they have no concerns at all. The third concern was storage of vehicles at the facility. The Rushlows are concerned about vandalism of vehicles because of the location of the facility in relation to the road (down an embankment), and so will be storing vehicles inside only. Vehicles will only be placed outside for pickup and delivery and will be parked on a cement: pad. isThe last concern is whether or not a U -haul facility can be brought iii. They will be providing maintenance for a lot of vehicles and they wJill be renting out vehicles. Page 2 of 24 T13 9 -15 -05 The Rushlows have been operating in Varna for about 4 years. It has been difficult to expand their business because they have a small garage and a small parking area, and they spend so much time jockeying vehicles around that the efficiency and productivity of the shop are very low. in order to grow the business, they want to make a division of labor, with the shop in Varna doing the quick turn - around things such as oil changes, tire changes, etc, and the other shop will be used for the long -term repairs such as engine rebuilds. The Rushlows have been working with Roxanne & Jim of the Independent Service Station Operators seeking the best way to accomplish this. Attv Perkins stated one of the uses allowed by special permit in an RD Zone is all types of retail establishments, and they would have to find the proposed use as a retail -type function. ZO Slater said Miller Engineering has found the oil separator process to be acceptable. County Planning had expressed a concern about the plantations and especially the water supply for Cornell that Fa I Creek provides. The board will need to decide if it is comfortable with what is proposed for containment of fluids. Most vehicles will be at small risk for leaks, and he said the applicants have said they will keep the vehicles inside except for pickup and delivery. R Rusoff said this is not a body shop where wrecks will be delivered. They will work on vehicles towed in and there will be times when they have a lot of work and to say that everything will always be inside will be misleading. But the applicant does not want to have an establishment that looks like a junkyard. Ci Christofferson asked what. the largest number of vehicles outside would be. Applicant said there is a lot of room to store vehicles outside, but they expect. at the most there would be less than 10. G Rushlow they have to be concerned about vandalism because of the location of the site from the road. ZO Slater said applicants current site has over 30 cars, a number of which have no license plates. G Rushlow said a number of the cars belong to the neighbor, though they do have a fair amount of cars themselves, and some are being offered for sale. (Automobile sales are allowed at their current location, but not at the site they would like to relocate to.) Applicant has begun to add storage charges for cars left over 2 days to encourage people to pick up their vehicles promptly. Approximately 25 cars per day are serviced at the current location. Having two locations will cut down on the number of vehicles at each. Applicant stated their current location is closer to Fall Creek than the proposed new location, and has storm drains next to the building that dump directly into Fall Creek (presenting a greater hazard) . Waste oil will be pumped out and carted away by Advanced Liquids on a bi- weekly basis. There will be no bulk storage of oil. Antifreeze is contained in 55- gallon drums inside. ZO Slater said his office has not received a complaint of any type about the Rushlow establishment in the four years they have been in business in their current location. Roxanna Savino, Executive Director of Service Station Operators and Repairs Shops of Southern New York, said she has been in her position for 31 years and has seen the current station go through a variety of owners through the years and the Rushlows have kept the station better than previous owners. Mr Rushlow has an excellent reputation as an automotive tech and shop owner and she believes that with the separator system he has chosen he will keep the environment clean. These separator systems have been in use since 1992 and she knows of no instance where there has been environmental contamination because of them. Simon St Laurent said he was curious about the hours of operation (because of the U- Haul business) and lighting. G Rushlow said they would be open 7:00 a.m. to 6:00 p.m., Saturdays are variable. With respect to the U -Haul operation, he is not: familiar with their Page 3 of 24 TI3 9=15-05 policies, but will look into it and get back to him. He said it would not be a large U -Haul Center, but probably 1 truck and 2 trailers_ He would like to add some lights for security, and they will be "shoe box" type lighting. Uang -Wen Liu (doing business on neighboring property at 1274 Dryden Rd) said this is a good service to provide, but they would like a fence installed between their properties. The driveway to F &, T is on their property, and they would like to either trade some property, or the Rushlows could purchase the property the driveway is on. Frank Prudence, who owns the F &; T property that the Rushlows are interested in, said the driveway is a right- o&way, and if the Lius want to move the driveway, it would be their responsibility, but they have to provide access to the rear property. Mei -Ging (Tony) Liu said he would like to trade property with the Rushlows or have them purchase the driveway property. G Rushlow said he is not willing to make a decision about that at this time because of concerns with DOT, a fire hydrant, electric pole, etc., but he is interested and willing to work with the Uus. Cl Christofferson said this is a matter to be decided outside the public hearing. Tony Liu said he would like a chain link fence, and G Rushlow said that would be fine. David Moore said he owns several parcels of land in the County, including a handful in the Town of Dryden, specifically 1278 Dryden Road (right next to the F & T property) and recently purchased the former State Trooper Barracks, which he purchased with the intent of moving his Stone Travel business to. He said he may not move that business now and is present to oppose this special permit application. He said it has nothing to do with the Rushlows or the Prudences, but has to do with overall it is in the best interests for the Town to allow this type of operation in an area which is potentially not zoned for it. He owri1s two properties making 5 contiguous acres between Route 13 and Route 366. The property at 1278 Dryden Road was purchased in 2001 and rehabilitated the building with the intent of it being used commercially, however it is currently being used residentially. He believes the assessment: on the property has doubled. He purchased the former State Trooper Barracks a month ago and has spent considerable time with architects Finalizing plans and will essentially double the value of the building. In addition, they plan a large addition to the building next year. The travel business operates 9:00 a.m. to 5:00 p.m. with twenty employees. Employees will park behind the building, D Moore said he was not aware at any time in the process of acquiring the property that an auto repair business was proposed next door. He said he found out about: it when he was in the Zoning Office last week completing paperwork for demolition work. He also received a notice in the mail the same day. He said he drives through Varna several times a day and there are three auto repair businesses in Varna, as zoning provides for in the area. They all have a lot of cars on a regular basis, and he said this morning there were 26 cars at the Rushlows establishment. Many of these cars are unlicensed and for sale. D Moore said he has nothing against automobile repair or sale businesses. Zoning is designed for certain types of businesses in certain areas for the protection of those businesses as well as all other property owners, taxpayers and residents. His total assessment on his two properties is $350,000 today, and he expects that it will be doubled. He sees a lot of great things happening in the area. The Lius have an unbelievable facility and the owners of Tree Forms have some plans. The Prudences have a piece of property that is essentially landlocked and it has been difficult for them to market it, but D Moore said he feels moving forward there Page 4 of 24 TB 9 -15 -05 could be great opportunities there. He could be interested in the property, but that has nothing to do with his presence this evening. D Moore asked do we want to be moving auto repair and sales from an area designated for that use out Route :366 and impacting other people's development plans and potentially impacting property values. He met with his architect this afternoon and told him to discontinue work until this matter was resolved. He said he believes people ought to be able to develop their properties, but also thinks that zoning is a good thing if it is properly situated to protect everyone. He said his concern is very personal because of the two adjoining properties, but his concern is also for the overall well being of the area, the tax base, residents, etc. He said he sees a lot of good things happening there, and the people are being good and talking about fences. He has a natural fence on the property, but it is only there for four months of the year. He said he owns property in Schuyler County and it is clearly on public record that he spent years and tens of thousands of dollars in legal fees because an auto repair (not a junk yard or sales business) got their foot in the door and this thing got out of hand. He said unfortunately he is tainted because of that and people have lost. credibility with me. D Moore asked the board to think carefully about this matter and consider the fact that there are other areas of the town designated for auto repair. He has also found out in the last week that this gentleman has looked at multiple properties. He said he cautions the board on "rubber stamping this ", and "In the event the decision is made to grant the special use variance, I think you need to very carefully look at the restrictions that you are going to place on ii: and hour you are going to place them." D Moore - And I'm gonna tell you because I've been on the policing side of the fence, I'm not going to do that. i'll just do something else, I'll go someplace else. Mr Perkins is well aware I've looked at several parcels of land, several buildings, to move my business. We have very careful thought to that spot; we think it's a great spot. We think there's a lot of good things going to be happening. But if you're going to approve this, i think you've got to really consider the restrictions, and then you've got to think about the fact of who's going to police it .... You guys aren't going to want to be sitting here every meeting having somebody complain because somebody's not doing something. New York State Law says that if you've got three unlicensed and unregistered vehicles on your property that aren't intended and really aren't: road worthy, that you need a junkyard license. Junkyards w-e not allowed there. I'm not taking a shot at these folks, I'm just saying that's what. happens. ..... This is about you gentlemen looking at the big picture and realizing that you're making a big decision here and I think there's a lot of careful wording in the zoning laws now that speak to whether or not this should be granted. My attorney is with me, Mr. Randy Marcus. 1 wanted him to come along. He needed to aware of how this meeting was going to be run tonight; what was being said. I wanted him to have an opportunity to address you. I know it's a difficult decision. It's against the spirit of what I stand for to have these types of objections, but when I don't think it's in the best interests of the Town, t]ie area, the taxpayers, the residents, it's not a personal thing. I think it is something you want to very seriously consider and I would ask you flat out to consider not granting this special use variance. Randy Marcus, representing Stone Travel, stated for the record that he also represents the Town of Dryden's Zoning Board of Appeals, and that it does not present any sort of conflict because it is two independent boards. R Marcus said he wanted to point out some specifics with respect to the Town's zoning law that he believes they need to have very sharp focus on in making their decision. The property of the applicant is in the RD Zone, The RD Zone allows uses basically as listed for the RC Zone, with one specific exception and that is something the board needs to pay attention to. is it is not what the applicant is asking for but is as close as you'll come. Specifically prohibited in RD is salvage or junkyards, which are specifically allowed in RC. Anyone with three Page 5 of 24 TB 9 -15 -05 unlicensed vehicles on their property needs a junkyard license (a different set of law). When the Town's zoning law was crafted, there was a very specific reason for distinguishing what is allowed in RC versus what is allowed in RD, and that difference is no junkyards or salvage yards in RD. Anything that approaches that. use should be paid very close attention to and taken under very careful consideration. He said he is not suggesting the applicant is proposing a junkyard because they are not, but an auto repair use, in the world of zoning, is right next to that use. R Marcus said he understands that automobile sales occur on their property currently, and it is allowed as a use only in the MA Zone, not in the RD zone. If the business were to grow to sales of cars, it is a prohibited use. It needs to be considered because it is very difficult to enforce. R Marcus said there are a couple of requirements the board has to follow under Section 1303 for granting a special use permit. One of those requirements is whether the location, use and nature and intensity of operation will be in conflict: with the allowed uses of the zone and neighborhood. This has to be considered because there have been suggestions made that there might be to some extent some conflict between the use of a commercial garage and use of a professional office and store. Another requirement for consideration under the zoning law is whether the use will discourage or hinder the appropriate development and use of adjacent properties in the neighborhood. He said he is emphasizing D Moore's points in the sense that the board does have a difficult decision to make. There are a variety of issues the board needs to address and his emphasis is to focus on those requirements of the Town's zoning law that specifically relate to the kinds of facts that have been presented tonight. R Rusoff said he takes exception that all auto repair shops and junkyards become one and the same. The representatives of the Independent Service Station Operators say that is not true. Ike said unlike any other shop, one of the things in this instance is that it is tucked away and is not going to be something that the neighborhood generally sees. D Moore; said the adjoining property owners can see it and if that operation had been there similar to what he sees when he drives through Varna, he would not. have purchased the second parcel of property and planned to improve it. G Rushlow said a. commercial garage is allowed in the RD Zone by special permit. With respect to the used car, G Rushlow said there is a record that used cars have been sold at 987 Dryden Road for several years and the use is grandfathered in. There is a lot of confusion because of the parking lot next door about: which cars actually are at the Rushlows. He said there are definitely not 26 cars because they have eight cars in the books. There is also a laundry mat, apartment building and bus stop in close proximity to that location. He did ackowledge they have five or six cars at the location that are for sale. R Savino said that in order for DMV to issue Mr Rushlow a car dealer license, he had to go through a lengthy process, obtain a bond, and complete a lot of paperwork. She said he would not put an additional lot up the road from his current site that was not visible from the road or zoned for the purpose. DMV would not approve it because they require a letter from the local zoning board for an application for each location. G Rushlow said he realizes D Moore spent $350,000 on his property, but the purchase price of the F & T building will be above that, and they will have an income that will be taxable. He offered to install a fence to accommodate D Moore, and said he will not have a junkyard and does not have a problem with any restrictions placed on the permit by the board. They will clean up the building when it is purchased and it will be a nice facility. ® R Marcus said he was trying to point out that when you look at the range of uses that can be allowed under zoning law and are in the general category of uses that relate to Page 6 of 24 T13 9 -15 -05 automobiles, you have gas stations, service stations, used car lots, new car lots, and junkyards. They all relate to one :another when it. comes to categorizing zoning, and there are many zoning laws of other municipalities that do categorize each one of those separately. He said when the Board goes to make a decision on issuing a special use permit, they have to consider what's appropriate for this property. He pointed out that one thing that is absolutely prohibited under the zoning law is junkyards, and that type of use is a similar type of use to a. commercial garage which is going to have cars sitting outside to some extent more or less all the time. He said he also didn't point out that with regard to the possibility of a U -haul rental facility most zoning laws have a separate category for rental, usually called equipment or vehicle rental. He said he assumed that a U -Haul rental center would involve outdoor storage of the rental vehicles, and that is something that cannot be contained in the building and presents a different: issue for zoning. He said he is trying to emphasize to the board that they have a decision to make about what zoning allowance is appropriate for that property given its situation relative to the other properties around it. F Prudence said he has had a special use permit for the F & T operation and had at: least six trucks that were outside; there were always trucks outside and they would leave at 4:00 a.m. The proposed use would be less intense. They had close to ten tractor trailers a day come in to the site. He's sure that wouldn't: go real good with the travel agency and if they can't sell it, maybe they'll have to eventually start using the property again. R Rusoff said after hearing what has been said the traffic impact would be equal to or less than the previous use. Simon St Laurent said as a neighbor he'd have been happy to see the Stone Travel go up, but at this meeting he's getting less excited about: it because it seems someone is corning is into the neighborhood not noticing that they have the NYSIG building, Willcox Press, HEP Sales, the Exxon gas station, and describing this as some wonderful commercial office building opportunity. It may be a good office building, but this is not a wonderful place for real estate speculation. He said it feels like D Moore is getting in the way of something that is an improvement over F & T's traffic substantially, that has an opportunity to contribute to the community, that will take some pressure off the hamlet of Varna. D Moore is kind of threatening to "take your toys and go home ", and he does not find that very neighborly and said he supports the Autoworks people thoroughly. if they leave, he'll be sad to see the sign go, that it may have been nice to make some reservations, but. it is a neighborhood that is what it, is, and he'd like the board to keep that in mind. D Moore said he would like to point out that all the properties mentioned are in a separately zoned area and he is in support of this type of operation in areas zoned for it. S St Laurent said he lives in the RD Zone and finds this perfectly appropriate. D Moore said this forum allows for discussion and it is up to the board to make a decision that is in the best interest of the Town and everyone represented. G Rushlow said there will be less traffic; that this particular location is not for oil changes and quick jobs. if there are 15 to 20 cars going down the driveway a day he will be surprised. The facility will be used for msior work. He said the board should keep in mind this is not the Town of Ulysses or the Town of Ithaca. R Rusoff said because this is a special permit application, there may be some restrictions and the applicant is fine with that. It is an opportunity for the applicant to grow his business and at the same time reduce the flow of traffic at each place. Page 7 of 24 TB 9 -154.5 C1 FIattery said previous similar permits have been granted by this board that limited storage to only those vehicles awaiting repair and asked that would be an inordinate restriction and the applicant said it would not. Cl Ilattery asked if they were going to be doing repair for U -haul as some sort of regional facility and 0 Rushlow said they would not. Supv Trumbull said the board will not vote on the matter tonight, and asked D Moore to give the board a list of all the points made. He will provide that to the Supervisor next week. Cl Flattery recommended the decision be tabled until the board has had an opportunity to read through the minutes and take time for consideration until the next board meeting. The public hearing was closed at 8:12 p.m. The Board reviewed the SEQR form for the Applied Pulse Power application. RESOLUTION # 129 - NEG SEQR DEC - APPLIED PULSE POWER Cl Christofferson offered the following resolution and asked for its adoption: WHEREAS, A. The proposed action involves consideration of the application of Applied Pulse Power to obtain a special use permit to operate an electrical research, development and fabrication business at 2025 Dryden Road. a. 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 Laws - the State Environmental Quality Review Act: "(SL'QR), (i) thoroughly reviewed the Short Environmental Assessment Form (the "Short EAF), Part I, and any and all other documents prepared and submitted with respect: to this proposed action and its environmental review, (ii) thoroughly analysed the potential relevant areas of environmental concern to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR g617.7(c), and (iii) completed the Short EAF, Part 11; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town 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 EAF, Part I1, 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 SEAR for the above referenced proposed action, and determines that neither a full Environmental Assessment Dorm, 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 EAF and determination of significance shall be incorporated by reference in this Resolution. Page 8 of 24 23Id Cl HatterV Roll Call Vote Cl Stelick Yes Cl Christofferson Yes Supv Trumbull Yes Cl Hattery Yes TB 9 -15 -05 ZO Slater recommended the board attach the Standard Conditions of Approval (7 -2000) to any approval. He also said applicant: should be required to maintain the existing berms on the property and the existing landscaping scheme. RESOLUTION #130 - APPROVE APPLIED PULSE POWER SPECIAL PERMIT 2025 DRYDEN ROAD Cl Christofferson offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the special permit application of Applied Pulse Power to operate an electrical research, development and fabrication business at 2025) Dryden Road in the Town of Dryden, subject: to the following: 1. Standard Conditions of Approval (7- 2000); 2. Applicant shall maintain or improve the existing landscaping. 2nd Supv Trumbull Roll Call Vote Cl Stelick Yes Cl Christofferson Yes Supv Trumbull Yes C1 Hattery Yes ELLIS HOLLOW COMMUNITY CENTER Christine Becraft, Board President of the Ellis Hollow Community Center, stated that their community center is open to the general public. She said the purpose of the community center is to provide for the mutual assistance, enjoyment, entertainment, social welfare and improvement of its members, to foster and promote educational, civic and social work in the community both for adults and youth. With regard to membership, the community center bylaws define membership as any member of a family which is a resident of the former Dryden Consolidated School District 20. Any other person designated by the board of directors may become a member. They have on the property a cooperative nursery school and while the majority of the children tend to be Ellis Hollow residents, other children are welcome to attend as space permits. They offer a community swimming pool that operates from mid June to early September. There is a single membership fee for all residents and non - residents. The fees are necessary for their budget. to cover the operating costs of guards, maintenance and repairs. She said membership is open to a.11 Town of Dryden residents, and in fact they have members from Ithaca, Slaterville, Brooktondale, etc. Cl Christofferson said as long as the center is open to all Town of Dryden residents, he thinks it makes sense to help the community center with some of things they need done. He asked that the Board of the community center send a letter to the Town Board stating they are open to all residents. Clint Cotterill said when he was on the Town Board and Charlie McCord was Supervisor, they used to get revenue sharing money that: had to be used for the whole town. The Town put in the tennis courts at Ellis Hollow and when the state auditor came he made Page 9 o 1, 24 TB 9-15=05 them give the money back to the Town because at the time they were not open to all residents of the Town. Cl Stelick said he looks forvrard to working with the center and believes it is something that can be worked out. Part of the Comprehensive Plan is specific about the need to work with the community centers. He would like to see the center included in plans with the Recreation Department. C Becraft said she will further investigate the membership question and whether all County residents are eligible to join. The by -laws don't say that. anyone is excluded, only who it is extended to. TOWN OF DRYDEN FEN Jen GWrieh, a masters student at SUNY ESF, said she is doing a research project looking at moss communities in a specific type of wetland, known as a fen. There is a small fen in back of the highway department site. She asked for permission to sample the site for inclusion in her study. She has sampled eight sites throughout the Tall Creek Watershed and she wants to compare community structure and species diversity among the sites. She is also looking at environmental diversity and, habitat diversity. The study will be non - invasive and there will be no fertilization or chemical treatments of any type. Because the site is small it will probably only take a day. She will take small samples of sprigs of moss to make sure her field identifications are correct and dig small holes to measure the ph. The Town Board agreed to allow her to do this. CITIZENS PRIVILEGE Arthur Burkey & Cathi Calori presented petitions to the board requesting the board conduct a feasibility study for providing public water to Ellis Hollow Road, at least between Game Farm Road and Turkey Hill /Quarry Road including the dead -end roads of Snyder Heights and Fox Hollow (toad. A Berkey said all residents of the area were contacted by them, and added that petitions for adjacent areas may be forthcoming from those residents. They requested that funding for the study be included in the 2006 Town budget given that: construction for the new water tower is now in progress. Discussion with Town of Ithaca Engineer Daniel Walker (who said he would contact Supv Trumbull) indicated a viable option would be by a main line north to Ellis Hollow Road from the existing upper Hungerford Hill Road water tower once additional capacity is provided by construction of the new lower tower. Total signatures obtained in favor were 71 (96 %), opposed &, unsure were 3 (4%). Mr Berkey asked to be notified of the date of any budget hearing regarding the matter. He also said he found the problems people have with water in the area are worse than they thought. One person at the corner of Ellis Hollow Road Lip Quarry Road spent $7,000 on a new water system two years ago and their water capacity is so small, they had to install storages tanks. Other people don't: have enough water to do laundry or shower, in addition to poor water quality. Supv Trumbull said they would strongly consider this, have been talking to the engineers and it will be looked at closely. Eric Ludwig, 64 Sunset West: Circle, said he has lived in town about a vear and a half. About 6 months ago he became aware of the town Comprehensive Plan and discovered last week that the plan was being considered for approval. He collected 12 signatures from people on Sunset West Circle, who are opposed to adoption of the plan related to the sewer and wager that is proposed for the neighborhood, as well as the zoning changes proposed. They oppose the sewer and water because the development is fully developed and they have their own wells and septic systems. They don't have a problem with drainage and have adequate water supplies and there is no reason to want water and septic. The proposed plan says it may be as Page 10 of 24 I'13 9 =I 5 -05 much as $880 per residence per year for twenty years for something they won't. use because there is no need for it. With respect to zoning changes, E Ludwig said what is being proposed for their specific neighborhood is suburban residential and could allow a highest density of single residence homes of one house every half acre and as many as 20 buildings in an apartment complex. Presently in their neighborhood are active farms and residential lots range from I'/;, to 4' /z acres. They do not want high density suburban housing coming into what has been a very rural, residential, wooded, pastoral setting and this plan proposes a significant change in their neighborhood. E Ludwig said he has spoken with members of the Planning Hoard and understands that this is a plan and the vote to adopt will not mean it will be done and there will be referendums, etc, but if their neighborhood is part of a larger proposed water and sewer district they will have a small voice in the matter. He said development in their neighborhood is done and they don't want to be included with other areas. Supv Trumbull said the plan had been very well advertised with three open meetings and hearings %%6th the Planning Board and with the Town Board. The plan is a guide, a flexible document, to be revisited. There has been ample opportunity for public input. E Ludwig said no one in his neighborhood had any knowledge of it. He has personal experience with this happening to his family in Saratoga County. It: started with a Comprehensive Plan and a sewer and water district was proposed, and while he understands there a lot of things that have to happen, this is the beginning. All the people in his old neighborhood now feel they should have spoken up when the first plan was done. Kathleen McIsaac, 302 Etna Road, said she has attended many of the Planning Board meetings and served on the agriculture advisory committee. She owns a small farm on Etna Road and said she is frustrated to be at a meeting again. The last meeting she attended the trail project was represented as being far off into the future and only a suggestion or recommendation. George Frantv. stated very clearly that the use of private land would be entirely voluntary and would not impinge on landowners' rights. She has had her property arbitrarily taken from agriculture/ residential to basically suburban use and two neighbors with issues over roosters and goats. She said she is once again facing a slap in the face and another roadblock to the already challenging occupation of farming, and Mother Nature is enough for her and she doesn't need more obstacles from the Town of Dryden. K McIsaac said a trail will deny her her right to privacy and "No one that purchased land in the country did so to live like city people or to provide entertainment for those who chose not to live in the country. The people who want to take our land for their use are not giving up anything. I don't get to track through their rose gardens and their manicured back lawns or wherever they come from." She asked about parking saying it will take another chunk of her hayfield to provide parking, and said traffic on Etna Road is already a nightmare. K McIsaac said she has worked so hard to get where she is, working 35 hours a week, then coming home to work her faun. She said if she were younger she would sell her property to a developer and move away. She asked that the board make this a voluntary thing and not make it subject to eminent domain law. She asked that the board put themselves in their shoes and think about whether they would want someone to take away what they'd worked hard to achieve, to decrease their ability to carp a living, and maintain a standard of living for however long they choose to remain in their current home. Dr. Walter Baurle then eminent domain will our country is doing some like a good idea, he asked use it and what percentage said if eminent domain becomes a precedent to establish these trails spread much easier than it has, and the use of eminent domain in horrible things to good people. Although the idea of a grail sounds if there had been any study as to how many people would want to of the population those people are. He said he guesses there is a Page I 1 of 24 TB 9 -15 -05 nucleus of a small percentage of people who want the grails, and the population as a whole is not being considered. Ken Miller said he owns land in the Town of Dryden with the idea that he'll farm it, but eventually he will sell it for retirement for the best use he can get out of it. He said he knows the board has advertised the Comprehensive Plan, but there is still a large number of people in town who don't know it exists. He urged the board to vote no on the plan, advertise more and get more people's opinions. He said he doesn't feel the ag committee finished their work on the plan, and many things could be added to the farm part that would be incentives to do not only good with the land, but provide open space. He said discussions with Planning Board started out that they would save them as farms, and after a two hour discussion it came down to "we are going to have this open space whether you like it or not". One of the Planning Board members pointed to a farmer and said "you will provide us with this open space, it will be at your expense ". He said he would like to see some things added to the farm part of the plan, some taken out, more work done and things added in that would give the fanners incentive to farm and help them become more profitable. He said you can't keep them as farmers on the land if you can't. keep them profitable. He understands the Town can't do it alone, but there are things that can be done. When things happen on agricultural land it affects downstrearn, Fall Creek, Six Mile Creek, and Virgil Creek, and they are protectors of that, and are not in any way given any incentives. He urged that if the plan is passed that the board set up an agricultural advisory committee that many of these rules would go through. Nancy Munkenbeck, who also served on the ag advisory committee, said her feeling is that much of what was discussed is incorporated in the Comprehensive Plan, and that the meeting of the ag committee with the planning board was very fruitful. She said they ended up with something that many of them felt was a positive response. Having an ag advisory 40 committee would make a lot of difference on how this all will work and how it impacts people with the development of law based on the plan. She pointed out there is a sentence on page 65 that is not a sentence and needs correction. ZO Slater will see, that gets done. Dave Restey, 65 Sunset West Circle, said based on what he's heard tonight he feels adoption of the Comprehensive Plan should be tabled to the next meeting. N Munkenbeck said for the record that she's against eminent domain in almost all cases. Charlie Hatfield, Gulf Hill Road, asked if there was a clause in the plan that said the Town could take land for trails using eminent domain, and the board told him no. He said when the discussions about the trail began the Town Board said, as a whole that they would not take any ]and by eminent domain and he hopes this board won't. Cl Hattery said this Town Board has stated several times they would not use eminent. domain. B Hollenbeck read a letter from Robin Seeley for the record: Sept. 14, 2004 Dear Supervisor TntnlbulI and Town Board members. The proposed Town of Dryden Comprehensive Plan contains 40 miles of recreational trails, most of which would be placed on private property and afiect a large number of property owners. In contrast, the previous trail that the town built, the Schug `frail, was placed on government -owned land. ® There is already a huge amount of land (nearly 4,000 acres) available for public recreation in Dryden. if there is a need for recreational trails in Dryden, has the town tried to prornote use of the public lands with trails already Page 12 of 24 TB 9 -I5 -U5 svailabt* in Dryden? Municipal trails proposed tar private land violate traditional ly recognized property righrs and 11 i basic need of individuals and FamiIies For privacy. A nc%v NY state lake placing a sped Iimi[ of 55 MPH on snowniobiles and increasing fines for ATV use on posted land indicates some ofthe potential problems for Ian d own ers if municipal trails are placid on private property. Years ago, in a discussion of developrneiii in Dryden, I wwi advised by town nFliciaIs that iF I wanted to protect open space in an area I 517ould huy She property under discussion, That was actually practical advice_ I now advise [he town to do the same_ I F [hu town wants to provide more public tee rcaLional trails, theEi the town Aou Id buy a piece of pro perty somewhere and put a trail on ir. The parcel inhere the new town hall is fining would be a great candidate far a traits slDE. The proposed Coin prehensive flan does no[ include any protect ioi7 for Iandowners. including rnrmers. against the taking (Ifprivate laud for recreational trails through eminent domain_ The trails portioll of the plan should bo rejected by the Dryden Town Board_ Robin Fladlock Seeley 132 Hurd Rd Town of Dryden Cl Christofferson asked vi?here the eminent dornain theme was coming From because [hi% board hadn't tilked about doing that.. N Munkenbeck said it is an ever - present danger and has been used elsewhere in the t:ountry, There was a Supreme Court decision that said that eminent domain could be used i'a develop projects which are described in a C;omprehen%ive Man. If they are not described in a Comprehensive Flan then it would be much more difficult_ W Baurle said rumor has it that Mike Leine advised a Smup in the cornrn unity that eminent dornain isms a very valuable stick for it to use_ Lang said he has t said that the 'I'crwn Comprehensive Plan a statement that. it would many public purpows for which eminent dome trails are a different issue, but he believ s that maintain that ability. should not put, in his view, in the newt use eminent domain. He said there are un make a lot of sense, such as roads_ He said for a true public purpose the town should Cpl Flattery said the point: was well taken_ M Lane it5 not a member of the Town Board, but a County Board member, and this Town Board has made it fiery clear that they do not advocate the use of eminent dornnin for those; purposes. S St Laurent said this isn't just. fw1 Lane, that Atty Perkins seemed to second 144 Lane at the last meeting, This seems to be a legal position. C~1 Hattery said this Board does not believe in usLng eminent domain, D Restey noted it happened not long ago with Dace Office Equipment in the City of Ithaca. Cl Hatt:eTy said he agrees, and lie thinks it is part of the democratic process. You waist to elect people who Inave a view of eminent domain that you can trust, Once there are Supreme Court decisions on this that give a very expansive opportunity to use it, then it becomes part of Page 13 af24 TB 9 -15 -05 the political process. Who you elect and who is going to be making decisions very much affects how eminent domain is used. This Board has made it clear they will not use it for that kind of a purpose. N Munkenbeck asked if they could put a statement in the plan specifically saying they would not use eminent domain for the trails and Supv Trumbull said they could, but 20 years from now the whole philosophy may change. She said this is the opportunity for the board to make that statement clear because 20 years from now is about the time frame for when a new Comprehensive Plan will be created. Cl Hattery said the board should decide when and how often the plan should be updated and referred to. Z Henderson said 9 years ago when the grant was obtained for the Preeville- Dryden Trail, the property owners along the area received veiled threats of eminent domain. Though it hasn't been used, it was very intimidating and future politicians and policy makers don't even have to use to it but can take advantage of the fear. She said it's a tough situation. Supv Trumbull said the board would not approve the Comprehensive Plan tonight. They don't have all five members present and would like all members to be able to vote unanimously on the matter. Z Henderson said one of the noble goals of the Comprehensive flan is open space and she agrees with it, but you cannot achieve it by making people feel that you'll be making demands for public access. Farmers in particular have a really tough life and it would not help the farmers to have the trail on their property and tons of people on the trail. As Robin Seeley said in her letter, off road vehicles are a big problem. Mff . ►l 0 D • !'1 J Bush provided the board with his annual highway inventory and list of future purchases for their review. COUNTY BRIEFING M Lane said the County Legislature is moving into the budget process and have had three preliminary budget meetings, and are starting with their County Administrator's budget which has a 0% tax levy increase. That doesn't mean that spending has gone to zero, but that revenues and cuts in other areas have led to an administrator's budget that proposes a zero tax rate increase. They have a number of requests for more spending from departments for various things. There are things they will probably have to spend more money on whether they like it or not. They will be looking at revenues, necessary expenditures, and he thinks they are doing better this year thanks in part to the State's soft cap on Medicare mandates. He said he heard today that inflation is now at 3.9% because of the increasing cost of gas and electric and we know that will drive all of our costs up, M Lane provided the board with a copy of a resolution passed by the county legislature whereby in the process of centralizing election responsibilities, the County will charge back the cost of elections to the towns based on the expense of the 2004, with the amount of the charge back decreasing over six years until the county has full financial responsibility. There will now be a uniform fee paid to election inspectors countywide, and the County will be responsible for hiring them, together with the machine custodians. Page la uf24 TB 9-15-05 ® Supv Trumbull asked if there was any movement by the County to increase the number of deputies. M Lane said he has always supported adding deputies and last year they added one. There is an ongoing discussion about: whether they need more deputies and what the staffing levels are. He said they are pretty close to where they've been (25 or 26 deputies) but there are more people in the County, more roads to patrol and more demand for police services than there used to be. Don Barber has approached the legislature saying the towns would like to talk about increasing police protection through the sheriffs department and possibly assuming some of the costs. There was a committee that was working on that, but M We understands they are no longer meeting and D Barber has suggested the County should just provide more services. M Lane said a higher level of service could be accomplished by municipalities establishing their own police departments or by contracting by additional services. There is a level which the county can and will provide, but areas having a higher demand for police services need to look at how they can sponsor some of that. There is an over - target request: by the Sheriffs Department for three new deputies that was not approved in the administrator's budget, but is one of the first things that will be talked about. Cl Stelick said that during two of the last three years the County has had double digit increases in both the tax rate and the tax levy. He asked what, has happened to cause the drop, other than spending down the reserves. M Lane said they are using some reserves, still maintaining a 5% plus fund balance. They have now had to raise the tax to pay the additional costs of Medicaid and health insurance and increased costs of pension contribution. Those caused increases two of three years, but are more level this year and they are hoping they won't have to raise as much. Sales tax revenues are also up a little this year. Cl Stelick asked M Lane if he thought it was a good idea to dip into reserves to bring a zero tax rage in during an election year. M Lane said for many years they have used some is reserves to balance the budget, as do other governments, but they also maintain a targeted fund balance in order to maintain their bond rating and make sure that if there is a substantial emergency they have it to fall back on. Cl Stelick asked whether the County would fund its portion of the Recreation Partnership. M Lane said he supports maintaining the County's commitment to the par riership at last year's rate, though he can't: say for sure what will happen. He is not in favor of the County withdrawing from the partnership. E Ludwig asked whether they expected the budget to be approved and voted on before the election and M Lane said normally they have voted on a tentative budget before the election and usually that budget is tweaked a little bit. ENGINEERING D Putnam said all the bids for the highway garage addition came in over budget and Atty Perkins has a possible solution and resolution for the board. Atty Perkins said in July the board passed a resolution authorizing this project going out to bid. The estimated maximum cost had been increased from $80,000 to $92,000 and was going to be paid from currently budgeted funds and surplus funds. That resolution was subject to a permissive referendum. Notice of its adoption was published and posted as required by statute. The resolution became effective and when the bids came in they were all over budget. There is a way to go ahead with the project this year because there are available surplus funds. The statutes allow that if you can wholly can fund the project: from surplus fiends you don't have to adopt another resolution subject to a permissive referendum. At the direction of the Supervisor, Atty Perkins prepared a proposed resolution that will repeal ® Resolution # 108 adopted in July, will approve the addition and require that the entire cost of the project be paid only from surplus funds, and award the construction to Conway Psgc 15 of24 T13 9 -154)5 ® Construction for their bid of $98,352 and authorize the Supervisor to sign the notice of award and start the project. The resolution will be effective immediately. Cl Christofferson asked what happens to the budgeted funds for the project and was told they will go into the surplus next year. RESOLUTION NO. 131 - RESCINDING RESOLUTION NO. 108 (2005), AUTHORIZING PAYMENT OF CONSTRUCTION OF HIGHWAY BARN ADDITION FROM SURPLUS FUNDS & AWARDING PROJECT TO LOWEST RESPONSIBLE BIDDER Cl Stelick offered the following resolution and asked for its adoption: WHEREAS, the Town Highway Superintendent has proposed to construct an addition to the existing town highway garage at 61 East Main Street, Dryden, New York, and WHEREAS, detailed plans, drawings and specifications for such project have been prepared by 'I'. G. Miller, P.C., Engineers and Surveyors of Ithaca, New York, and WHEREAS, the Town Board previously passed Resolution No. 108 approving the construction of such addition, and WHEREAS, all the bids received from those contractors submitting bids in response to the Invitation to Bid published according t:o law exceeded the maximum estimated costs of issuch addition, and WHEREAS, sufficient surplus funds exist to wholly fund the project, now, therefore, BE IT RESOLVED, as follows: 1. Resolution No. 108, adopted July 14, 2005, effective August: 14, 2005, is hereby repealed in its entirety. 2. The construction of such addition is hereby approved according to the plans, drawings and specifications prepared by T. G. Miller, P. C. Engineers and Surveyors. 3. The entire cost of such project and construction shall be paid only from surplus funds. 4. The construction of such addition is hereby awarded to Conway Construction, Inc., for the low bid of $98,352 and the Town Supervisor is hereby authorized to execute the necessary bid and contract documents to confirm this resolution upon the low bidder complying with all the requirements of the bid and contract documents. 213d Supv Trumbull Roll Call Vote Cl Stelick Yes Cl Christofferson Yes Supv Trumbull Yes Cl Hattery Yes Page 16 of 24 T13 9 -15 -05 ® D Putnam said the Royal Road project is going out to bid and he will have more on that next month. He presented the board with a proposal to do a preliminary feasibility study in the Ellis Hollow area for water. Atty Perkins said that he believes what is proposed is not lawful. Town Law says the Town Board may appropriate enough money to have a map, plan and report prepared according to the requirements of Article 12a of Town Law. It does not give authority to do a feasibility study whether it: is budgeted or not. He said his opinion is that the Board should appropriate a sum of money to have a general map, plan and report prepared which will then define the boundaries of the district, the estimated cost, etc. It can't be broken down into these two steps because there is no way of charging the money back to the affected area. You have to follow the statutory procedure. He said you need to find out the cost of having the map, plan and report prepared, then he can prepare a resolution for adoption subject to a permissive referendum, and then it can be effective and the work can be started. After discussion, TG Miller will prepare with a proposal that complies with the requirements of 209b. The funds then will be appropriated this year. D Putnam said that in 1998 TG Miller was asked to do a map, plan and report for the Hall Road area for water and sewer. A draft was provided to the Town and it was not pursued. The owners of the land want to reactive the process. TG Miller will determine whether all the money appropriated was expended, and if so, what it will cost to update the study. Andy Sciarabba said to date they have been supporting the Town in the new town hall site for items that were not covered under the Egner proposal, being a facilitator for any environmental -type services. Now that a site has been chosen, Egner has expressed a desire to have TG Miller to do the site civil design work to bring the utilities to the site, as well as provide surveying services, including staking out borings to get the geotechnical report done. He asked whether the board would like them to work in that capacity through Egner as a consultant to ® them, or work directly for the Town to provide the services. He said the Town needs to revisit the original agreement with Egner because they want to avoid any duplication or gaps. He asked if the board would like TG Miller to prepare a proposal to be given to the Town or to Egner. Supv Trumbull will talk to Egner. Atty Perkins reported that he has spoken with the attorney for Empire Livestock on the land purchase who says he has a couple of things he is concerned about and will talk with Atty Perkins next week about it. RECREATION DEPARTMENT J Dube has provided the board with information and a proposed resolution for hiring part -time seasonal help. There are funds in her budget for this. She noted she had checked with It0haca College, Cortland State, and TC3 and they pay $7.50 for work- shady, so she has raised Amanda Christofferson's wage to $7.50. RESOLUTION # 132 - HIRE PART -TIME SEASONAL HELP FOR REC DEPT Cl Stelicic offered the following resolution and asked for its adoption: WHEREAS, a part time position was made available with the adoption of the 2005 recreation budget, and WHEREAS, the two individuals listed below have interviewed with the Recreation isCoordinator as well as submitted applications for employment, and Page. 17 of 24 TB 9 -15 -05 WHEREAS, seasonal help will be needed for the remainder of 2005, and the Recreation Coordinator would like to hire Matthew Leavy and Amanda Christofferson for that help; Now therefore, be it resolved that: Amanda Christofferson (at $7.50 per hour) and Matthew Levy (at $9.00 per hour) will work for the Town of Dryden Recreation Department from September 1.6 to December 31, 2005, neither working more than 15 hours per week. 2nd Supv Trumbull Roll Call Vote Cl Stelick Yes Cl Christofferson Abstain Supv Trumbull Yes Cl Hattery Yes J Dube reported that the Ackley family would like to discuss building a skate park in Dryden in memory of their son, Chris. She is going to schedule a date for Parkatechs of Lansing will bring demo park pieces and set them up with games and prizes. This will probably happen in October. There will be a band showcase on September 16 at the Dryden Fire Hall from 5:30 to 9:30 p.m. with five local bands for middle and high school students. Admission is $5.00. ZONING OFFICER ZO Slater reported that he has been working with Atty Perkins on revising the electrical law and defining what a qualified inspector is. They will look at national standards and consider potentially going in -house for the service. He noted that other than the F & T Distributing there have been no complaints, and that complaint did not: come from F & T. No one is aware of any other failings of the current local law. late will report on their progress. The telecommunications committee has not had an opportunity to meet with Jeff Kirby to work on revising the telecommunications local law. ZO Slater said he has heard comments tonight that the general public seems to feel thev haven't had an ample opportunity to be aware of the process of the Comprehensive Plan. He doesn't believe that is correct and said two vears ago tremendous efforts were taken to notify in writing by mail every person who lived in the Town of Dryden of a three meeting series where the comprehensive plan was presented. There was a similar undertaking when the Planning Board made a presentation in the Spring and that was well attended. Then there was a public hearing by the Town Board. Each time public input was taken and incorporated where appropriate. He said if the board continues to massage this every time there will be another group that shows up and says they didn't have knowledge of the process. There is still no contract in place for code enforcement services with the Village of Dryden. Atty Perkins will check his file on the matter. ENVIRONMENTAL PLANNER Supv Trumbull said Debbie Gross will be done in two weeks and they have not vet hired ® her replacement. The top candidate is interested and they are negotiating with him. Page 113 of24 014E 9 -15 -05 TOWN CLERK RESOLUTION #133 - APPROVE MINUTES Supv Trumbull offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the minutes of the August 11, 2005 and August: 23, 2005 town board meetings. 2nd Cl Christofferson Roll Call Vote Cl St.elick Yes Cl Christofferson Yes Supv Trumbull Yes Cl Hattery Yes B Hollenbeck said she will be attending a regional Town Clerk's conference in Geneva on Monday where they will discuss the Help America Vote Act and the changes that NYS Department of Agriculture and Markets is proposing for dog licensing and how it will affect Town residents. DISCUSSION With respect to the Cortland Road Sewer District, Cl Hattery reported that there have been some meetings in the past two weeks with the Village of Dryden and TC3. There is a draft agreement the Village is in the process of commenting on, and he expects to have a response from them prior to the next `row•n Board meeting. There are a few things still up in the air, one of which is what the Town's current percentage of use is. One of things being discussed is the installation of monitoring stations so there will be no question in the future about flows. TC3 has been willing to help with the cost of those. Cl Hattery feels they are close to having a signed agreement and that working group will continue move forward. Cl Hattery said TC3 has substantially reduced their flows through a number of water saving measures which basically creates some excess capacity, so the Village has agreed to allow them to move forward with construction. The Village has not removed their moratorium, but: because TC3 has brought their current flows down below the threshold, they will allow them to continue construction. Estimates are that new flows created by new construction will not exceed the moratorium. RESOLUTION #134 - ALLOW TC3 EXTRA SEWAGE CAPACITY Cl Hattery offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby letter to TC3 stating that the Dryden Town Board that because TC3 has reduced its current now th can proceed with their construction and use that 2nd Cl Christofferson Roll Call Vote authorize the Town Supervisor to write a is in agreement with the Village of Dryden ereby effectively creating excess capacity, TC3 available capacity. Cl Stelick Yes Cl Christofferson Yes Supv Trumbull Yes CI Hattery Yes Page 19 of 24 T13 9 -15 -05 Cl Stelick asked Atty Perkins what the status of working with the Village of Dryden on a water district was, and he said has a drart: contract nearly ready to present to the Town Board for review prior to sending it to the Village_ The board has previously been provided a draft sexual harassment policy and Supv Trumbull asked the board to adopt it. RESOLUTION #135 - ADOPT SEXUAL & ANTI HARASSMENT POLICY Cl Christofferson offered the following resolution and asked for its adoption: WHEREAS, the Town currently does not have a Sexual Harassment or Anti - Harassment Policy in place; and WHEREAS, one of the Town's insurance carriers has requested that the Town adopt; a Sexual /Anti Harassment Polio; Now, therefore, be it RESOLVED, that this Town Board hereby adopts the following Sexual & Anti - Harassment Policy: SEXUAL HARASSMENT POLICY Sexual harassment is a violation of Title VII of the 1964 Civil Rights Act, The Equal Employment Opportunity 41 Commission's guidelines say the following conduct constitutes sexual harassment: "Unwelcome sexual advances, requests for sexual favors, and other verbal and /or physical conduct of a sexual nature constitute sexual harassment when (1) submission to such conduct is made either explicitly or implicitly as a term or condition of an individual's employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment." In other words, there are basically two forms of sexual harassment. (1) "Quid pro quo" harassment, and (2) "Hostile environment" harassment. 1. Quid pro quo harassment occurs when requests for sexual favors, unwelcome sexual advances, or other verbal or physical conduct of a sexual nature are made "as a condition of employment": (For example, "Go out with me and I'll get you a raise. Don't, and I'll get you fired. ") 2. Hostile environment sexual harassment means unwelcome sexual advances, or other sexually offensive conduct, that does not involve a specific reward or punishment, but ends up interfering with work performance, or creating an "intimidating, hostile, or offensive" working environment. (Examples of this have included cases in which "girlie" calendars and photographs of a sexual nature were common in the workplace,) Sexual harassment may include explicit sexual propositions, sexual innuendoes, suggestive comments, sexually oriented °kidding" or 'teasing ", "practical jokes ", jokes about gender specific traits, foul or obscene language or gestures, displays of foul or obscene printed or visual material and physical contact such as patting, pinching or brushing against another's body. Page 20 of 24 TB 9 -15 -05 If you feel you are a victim of sexual harassment, or have observed sexual harassment in the work place, you should notify your Department Head, or the Personnel Office immediately. Retaliation against anyone reporting a violation is FORBIDDEN. The Town is opposed to any form of sexual harassment in the workplace and will investigate all such complaints promptly and thoroughly. To the fullest extent practicable, the complaint and resolution will be held confidential, Violators will be subject to appropriate disciplinary action, up to and including termination. A singular act of "unwelcome behavior," is grounds for discipline. ANTI - HARASSMENT POLICY The Town is committed to maintaining a working environment that is free of discrimination or harassment, In keeping with this commitment, they will not tolerate harassment of their employees by anyone, including any supervisor, co- worker, vendor, client, customer, or tax or bill payer. Harassment consists of repeated unwelcome conduct, whether verbal, physical or visual that is based upon a person's protected status such as sex, color, race, ancestry, religion, national origin, age, physical handicap, medical condition, disability, martial status, veteran status, citizenship status, sexual orientation, political affiliation or other protected group status. Harassing conduct that affects tangible job benefits, that interferes unreasonably with an individual's work performance, or that creates an intimidating, hostile, or offensive working environment, will NOT be tolerated. This also includes sexual harassment. The employees are responsible for helping to assure that harassment of any kind is avoided. If you feel that you have experienced or witnessed harassment, you should notify your Department Head, or the Personnel Office immediately. Retaliation against anyone who has reported harassment is FORBIDDEN, is Town officials will investigate all such complaints promptly and thoroughly. The complaints and the terms of their resolution will remain confidential, to the fullest extent practical- If an investigation confirms that harassment has occurred, corrective action will be taken, including disciplinary action up to and including termination of employment, if appropriate. A singular act of "unwelcome conduct' is considered grounds or cause for disciplinary action. The intent of this policy is to prevent harassment by and to employees. If the violator is not an employee, legal action will be taken if necessary. 2nd Supv Trumbull Roll Call Vote C1 Stelick Yes Cl Christofferson Yes Supv Trumbull Yes Cl Hattery Yes Supv Trumbull said Tompkins County has asked for a resolution in support of their Empire Zone application. RESOLUTION # 136 - RESOLUTION SUPPORTING AND CONCURRING WITH TOMPKINS COUNTY AREA DEVELOPMENT'S APPLICATION FOR DESIGNATION OF CERTAIN AREAS WITHIN TOMPKINS COUNTY AS AN EMPIRE ZONE Cl Christofferson offered the following resolution and asked for its adoption: is Page 21 of 24 T13 9 -15-05 ® WHEREAS, Section 961 of Article l8 -B of vYS General Municipal Law authorizes application by Tompkins County Area Development for designation of Tompkins County as an Empire Zone within the meaning of said statute, and WHEREAS, such designation could greatly benefit Tompkins County in that new businesses would be encouraged to locate in the zone area, and existing businesses would be encouraged to expand in the zone area and such new and expanded businesses would generate new employment opportunities for Tompkins County residents, and WHEREAS, Tompkins County intends to authorize submission of an application for designation of areas within Tompkins County as an Empire Zone, and WHEREAS, Tompkins County Area Development, in consultation with the Town of Drvden wishes to designate certain areas within the Town of Dryden as part of the proposed Empire Zone, and WHEREAS, the 'i'own of Dryden is desirous of working with Tompkins County Area Development: through the Empire Zones Program to provide enhanced employment opportunities for its residents, now therefore BE iT RESOLVED, by the Town Board of the Town of Dryden, that it fully supports and concurs in the Tompkins County Area Development: actions to authorize and submit an application for an Empire Zone designation within the Town of Dryden and other areas of Tompkins County. 21,11 Supv Trumbull Roll Call Vote Cl Stelick Yes Cl Christofferson Yes Supv Trumbull Yes Cl Hatt:ery Yes Supv Trumbull said the Town of Ithaca and Cornell are conducting a ten -year study of transportation in the area and has asked us to appoint someone to work with this group. Cl Hattery suggested this would be something the new environmental planner could work on. RESOLUTION 0137 - APPROVE ABSTRACT #9 Cl Christofferson offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves Abstract #9, as audited, vouchers #637 through #736, totaling $269,633.71. 2nd Cl Hattery Roll Call Vote Cl Stelick Yes Cl Christofferson Yes Supv Trumbull Yes Cl Hattery Yes Supv Trumbull said he thinks there should be a full board present when they vote on the Comprehensive Plan. Cl Hattery said he would be willing to wait a month. Cl Christofferson said he's heard a lot about the trails, and while he thinks for trails for people to use are really exciting, he shares the concerns other people have, and doesn't think we should put anything in the plan that says they won't: use eminent domain even though it is not Page 22 of 24 OF13 9 -15 -05 something this board is in favor of doing. He also understands people's concerns about water is and sewer systems. Cl Hattery said he thinks it is important that the board communicate that there arc no districts created by the plan, and those districts would have to be formed by the same process as any other special districts. He said it also needs to be clear that it doesn't revise zoning in any fashion. Cl Christofferson said he would like to go back and look at a couple of things in detail. He said he was on the Planning Board when they first: started taking a look at this plan and there were hundreds of people who were really excited about expanding the trail. Zorika Henderson said it was her understanding that the previous Town Board never had anyone come before it asking for trails. Cl Christofferson he had heard the requests when he was on the Planning Board and has heard from people who really enjoy the Jim Schug trail. Cl Stelick said the board keeps putting it off and it is frustrating that every time there is someone who says they don't know anything about it. If the board continues this way, it will become outdated, and the board needs to make a decision one way or another. Attempts have been made to reach everyone and the board needs to come to a conclusion. Cl Hatteuy said the last plan never really got looked at for 20 or 30 years and the recommendation for this plan is that it updated every five years. The board needs to initiate a process to update the plan and make modifications as residents are heard from. There will always be current issues no matter at what point the board wants to adopt it. A process needs to be in place to keep it updated and make modifications based on people's interests. It is not a static document. ® Ken Miller said there are people who have been involved and come to board and said they don't think it's a good plan. Those people who have found out about one way or another have come and said there is a lot wrong with it:. Some changes have made in the agriculture portion and it is 100% better. Martha Robertson had said it had been reviewed by the Agriculture Committee in the County and that was prior to any changes being made, and he doesn't know if they have seen the revised vision. He's heard three positive comments and all the others have been negative. Supv Trumbull said that all of sudden the board is receiving negative comments in the last few days and this has been in process for a long time. These people should have come to the board prior to this so the board had time to analyze it. Cl Christofferson said the thing he is most: nervous about is the eminent domain issue and he doesn't think that is in there at all, but people who are concerned about it being used on the trail have voiced their concern. People who are in general agreement are not here. Mary Ann Sumner said it was the comprehensive plan that got her interested in local government. The work that has gone into it and the vision is inspiring. She said it is terrific that we have at least this much of a plan to work from. She's frustrated that it: is being delayed another month, and she has spoken to dozens of people who think it's a good idea. Her property could be affected by the trail because she has a power line right of way on her property, but she trusts the board and is willing to discuss. The previous comprehensive plan proposed Route 13 going through her back yard and that didn't: happen. The board agreed they will vote on adoption of the Comprehensive Plan next month. ®Eric Ludwig asked how much time he had to collect more signatures from his neighborhood and Supv Trumbull asked him to have them in a week prior to the next meeting. Page 23 of 24 TB 9 -15 -05 Cl Christ:offerson said there had been a meeting with Mike Stamm of Tompkins County Area Development, Mike Lane, Henry Slater, and Cl Hattery about bringing business to the town. He said there are a lot of resources available through the County IDA. They need to decide whether the Town wants to do its own thing or work with the County, since the County contributes on behalf of all municipalities. On motion duly made, seconded and unanimously carried, the board adjourned to executive session at 10:07 p.m. to discuss future litigation. No action was taken and the meeting was adjourned at 10: 15 p.m. Respectfully submitted, Aomh' Bambi L. Hollenbeck Town Clerk Page 24 of 24 Town ct Drvde" Town Board Meeting ® September 15, 2005 i Name - €Please Print, S a Ai*, Address LLC o� S�C��r► Izs 9 .D,eYAij OFE \ A UAI 0 ,tikc��n� ei 9 4e;; ate, /jt ) eo) rz 3Z 54rl►� Qv � �cxck 332 CA 81-�P(Vlm 90 zjel� Town of Dryden Torn Board Meeting ® September 15, 2005 Name - {Please Print) Address kfily,y �r V� el Y , • q -I 4�%'O s` =8-S SPEAKER SIGN IN SHEET If you wish to address the Board under citizens privilege of the floor please. sign in below. Speakers will be limited to a maximum of'three minutes. Please provide the Clerk with a writlen summary of your statement. 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