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HomeMy WebLinkAbout2007-04-19T13 4 -19 -07
10 TOWN OF DRYDEN
SPECIAL TOWN BOARD MEETING
DRYDEN VILLAGE HALL
April 199 2007
Present: Supv Steven Trumbull, Cl David Makar, Cl Mary Ann Sumner,
Cl Stephen Stelick, Jr.
Elected Officials: Bambi L. 1-loilenbeck, Town Clerk
Other Town Staff. Mahlon R. Perkins, Town Attorney
Daniel Kwasnowski, Environmental Planner
Henry Slater, Zoning Officer
Kevin Ezell, Zoning Officer
Supv Trumbull called the meeting to order at 6:00 p.m. and lead board members and
audience in the pledge of allegiance.
PUBLIC HEARING
PROPOSED LOCAL LAW NO. 2 - 2007
AMENDING CORTLAND ROAD SEWER DISTRICT RENT LAW
Supv Trumbull opened the public hearing and Town Clerk Bambi L. Hol.lenbeck read
IN the notice that was published in The Ithaca Journal. Atty Perkins advised the board that the
Village of Dryden passed a local law increasing their rates. The Board has had the text of the
proposed local law for more than seven days, so following the close of the public hearing, the
board is free to act:.
There were no comments from the board or audience.
The board considered the unsafe structures at 1995 and 2242 Dryden Road. Atty
Perkins has provided the board with proposed resolutions regarding those structures. Kevin
Ezell said the owners of 2242 Dryden Road have had plenty of opportunity to respond. As
noted previously, the owners of 1995 Dryden Road are deceased. Atty Perkins said the
distribut:ees of the decedents have been identified. With respect to 2242 Dryden Road, ZO
Slater said that about 5 years ago the owners indicated they would take care of the problem,
but work has ceased and there has been no response to requests to remedy the situation.
Cl Makar asked for an update on 972 Dryden Road. K Ezell said the owners of that
property have commenced work. They have straightened the walls somewhat but have not
done any construction or applied for any permits to reconstruct it at this point. Their intent is
apparently to repair the structure. Atty Perkins said if the owners apply for a building permit
to reconstruct on the same site, they will be granted a permit. If they don't apply they will have
to remove it. K Ezell will convey that message to the owner.
RESOLUTION #82 - RESOLUTION PURSUANT TO TOWN OF DRYDEN LOCAL LAW NO, 2
OF THE YEAR 1981 (THE TOWN OF DRYDEN UNSAFE BUILDINGS LAW) WITH RESPECT
TO THE PREMISES AT 1995 DRYDEN ROAD
SCl Sumner offered the following resolution and asked for its adoption:
Page 1 of 7
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WHi.REAS, the Town Board has received a written report in such form and detail as it
deems appropriate with respect to the condition of a garage located at 1 995 Dryden Road, and
WI IEREA , the garage has completely collapsed and is unfit for any purpose, and
WHEREAS, numerous atteiripta by Town staff to contact the owners of said garage,
have been unsuccessful, and
WHERP,AS,
the
record owners of th r, garage and premises are now deceased and no
estate proceedings
have
yet been filed in the Tompkins County Surrogate's
Court, and
WHEREAS, the Town has identified the individuals it reasonably believes to be the
distributees of the deceased owners of said premises, some of Txhom reside in Tompkins
County, Few York and in Cortland County, Vew York, and
WHEREAS, after considering such report, photographs of the collapsed garage and
comments from Town staff,
NOW, 'rHEREFORE, IT (S RESOLVED AND
ORDERED, that 1.he garage at the premises knou,-n as 1995 Dryden food (Town of
Dryden Tax Parcel No. 46,- I A-2) owned by Charles WehIand and Marjory Wehland as shown by
the latest tax rolls of the Town of Drvdcn is determined to br unsafe and dangerous, since it
has coin pl etc ly collapsed and cannot be used for any purpose, and it is further
ORDERED, that said garage shall be demolished and removed from the site in
onmpliance with all applicable laws, rules, regulations and permits, including the Town of
Dryden Unsafe Buildings Law, and it is further
ORDERED, that notice pursuant to the Unsafe Buildings Law be served upon James
Virgadama, George Virgadamo, Anna Whyte and Judith Virgadama, being some of the apparent
distributees of the deceased owners, and who apparently reside in Tompkins County, New York
or in Cortland County, New York, or upon as many of them as can be located locally who it is
hereby determined may have a vested interest in such premisr,43, and all of whom are of full age
and capable of representing the interests of all persons interested in such premises, and it is
further
ORDERED, that a hearing on this demolition removal order shall be held before the Town
Board on May 10, 2007.
2nd Cl Stelick
Roll Call Valle Cl Makar Yes
Su pv Tru m bul I Yes
Cl Stelick yt;s
I Sumner Yes
RESOLUTION #83 - RESOLUTION PURSUANT TO TOWN OF DRYDEN LOCAL LAW
NO. 2 OF THE YEAR 1981 (THE TOWN OF DRYDEN UNSAFE BUILDINGS LAW) WITH
RESPECT TO THE PREMISES AT 2242 DRYDEN ROAD
Cl Stelick offered the following resolution and asked for its adoption:
0
Patre 2 of
Tli 4-19-07
• WHEREAS, the Town Board has received a written report in such form and detail as it
deems appropriate with respect to the condition of certain barns located across from 2242
Dryden Road, and
WHEREAS, the barns have completely collapsed and are unfit for any purpose, and
WHEREAS,
attempts by Town
stiff to
have
the owners
of said barns obtain the required
demolition permits
and demolish and
remove
said
barns have
been unsuccessful, and
WHEREAS, the Town
has identified the
individuals
it reasonably believes to be the
owners of said premises, who
reside in Tompkins
County, New
York, and
WHEREAS, after considering such report, photographs of the collapsed barns and
comments from Town staff,
NOW, THEREFORE, IT IS RESOLVED AND
ORDERED, that the barns across from the premises known as 2242 Dryden Road
(Town of Dryden Tax Parcel No. 47.- 1 -7.3) owned by Robert Carpenter, Evan Carpenter and
Brenda Carpenter, as shown by the latest tax rolls of the Town of Dryden, are determined to be
unsafe and dangerous, since they have completely collapsed and cannot be used for any
purpose, and it is further
ORDERED, that said barns shall be demolished and removed from the site in
compliance with all applicable laws, Hiles, regulations and permits, including the Town of
• Dryden Unsafe Buildings Law, and it is further
ORDERED, that notice pursuant to the Unsafe Buildings Law be served upon Robert
Carpenter, Evan Carpenter and Brenda Carpenter, being the apparent owners, and who reside
in Tompkins County, New York who it is hereby determined may have a vested interest in such
premises, and all of whom are of full age and capable of representing the interests of all
persons interested in such premises, and it is further
ORDERED, that a hearing on this demolition removal order shall be held before the
Town Board on May 10, 2007.
211 Supv Trumbull
Roll Call Vote Cl Makar Yes
Supv Trumbull Yes
Cl Stelick Yes
Cl Sumner Yes
PUBLIC BEARING
ETNA VOLUNTEER FIRE CO. INC
Supv Trumbull opened the public hearing at 6:15 p.m. and Town Clerk read the notice
published in The Ithaca Journal. The purpose of the public hearing is to consider increasing
the amount of the contract with Etna Volunteer Fire Co. Inc. from $68,000 to $108,000. Cl
Sumner explained that in the budget process $40,000 was reserved because there were some
concerns about: the response rate of the department, and certain requested items had not been
received. The contract has been amended to state that the $40,000 will be paid on receipt by
• the Town of an inventory and replacement: schedule and a 2006 year end finance report.
$35,000 of the $40,000 will be designated for their equipment reserve fund. She has received a
year end call report and they responded to about 130 of 144 calls last year. That was
Page 3 of 7
TB 4 -19 -U7
• confirmed with the 911. center. Part of the reason that their stats come out a little strange is
that they often respond in their own vehicles. She said they are doing a good job in Etna and
accepting help rather willingly and it is time to give them a vote of confidence. Cl Stelick asked
whether she had the statistics on the other departments in the Town and whether Etna was
comparable to them. She has the information but has not thoroughly reviewed it yet. Etna
has had some pretty successful recruitment in the last year or so.
Supv Trumbull closed the public hearing on the Cortland Road Sewer District: Rent Law
at 6:20 p.m. There were no further comments.
RESOLUTION #84 - ADOPT LOCAL LAW #2 OF 2007
A LOCAL LAW
Cl Stelick offered the following resolution and asked for its adoption:
RESOLVED,
that
this Town Board
hereby adopts the proposed law referred to as "A
local law amending
Local
Law No 2 of the
year 2004 which (rc)established the Cortland Road
Sewer District Rent
Law"
as follows:
1. Section 6(b) of Local Law No. 2 of the year 2004 is hereby amended by substituting for
the table of amount of water usage and rate set forth in such section, the following
table:
AMOUNT OF WATER USAGE
RATE
First 1.250 gallons
$
46.25
(minimum bill)
Next 1.3750
gallons
$
3.68
per
thous and
or
part
thereof
Next 25000
gallons
$
4.30
per
thousand
or
part
thereof
Next. 20000
gallons
$
4.61
per
thousand
or
part
thereof
Next 40000
gallons
$
4.93
per
thousand
or
part
thereof
Thereafter
$
5.24
per
thousand
or
part
thereof
2. This local law shall take effect upon filing with the Secretary of State and for all billing
periods which begin on or after April 1.6, 2007.
2nd Supv Trumbull
Roll Call Vote Cl Makar Yes
Supv Trumbull Yes
C1 Stelick Yes
Cl Sumner Yes
Dan Kwasnowski said he had received a call from Anne Leonard of Hammond Hill Road.
She is applying for some trail grant funding through the Friends of Hammond Hill group and
• they need a sponsor to administer the grant. There is no required match. Everything will be
done in the State Forest so there are no issues with private land. He asked the board whether
thev would endorse the grant and they said they would be glad to help.
Page 4 of 7
TB 4 -19 -07
isZO Slater said he had spoken with Tompkins County Purchasing regarding the
furnishings for the new Town Hall. There is a County pricing bid opportunity that is a little bit
better than the State bid. There are two vendors that are qualified, one is McNamara Office
Supply of Ithaca and the other is Syracuse Office Environments in Syracuse. He would like to
ask them each to review the project and then ask them each for both a state and county
pricing bid. The Town could then select the one that is most attractive. He added that delivery
and set up could be included in either contract:.
ZO Slater said that in January the board reviewed a proposal to make a couple of
hatchway changes on the town hall to accommodate getting equipment up to the catwalk and
servicing it once it is in place. The change order needs to be authorized.
RESOLUTION #85 - APPROVE CHANGE ORDER CRP# 10
Cl Stelick offered the following resolution and asked for its adoption:
RESOLVED, that this 'lbwm Board hereby approves Change Order CRP # 1.0 and the
Supervisor is authorized to execute the same.
2nd Supv Trumbull
Roll Call Vote Cl Makar Yes
Supv Trumbull Yes
Cl Stelick Yes
40 Cl Sumner Yes
ZO Slater reviewed the progress on the new Town Hall building and said that it may be
completed ahead of schedule.
Supv Trumbull closed the public hearing on the Etna Fire contract at 6:30 p.m.
RESOLUTION #86 - APPROVE ETNA FIRE CONTRACT
Cl Stelick offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby authorizes an increase in the contract
amount for the Etna Volunteer Fire Co. Inc. from $68, 000 to $108,000 and the Supervisor is
authorized to sign the same.
2nd Supv Trumbull
Roll Call Vote Cl Makar Yes
Supv Trumbull Yes
Cl Stelick Yes
C1 Sumner Yes
Atty Perkins has given the Board a memo regarding a proposal from G DeVincentis to
settle the matter between the 'rowan and DeVincentis over their rejected bid for the sewer
manhole project. Cl Stelick said he felt: the Town talked with them in good faith and they did
not respond in good faith with an offer is more than originally quoted. The equipment is in
• place and the town will continue to move forward. Atty Perkins will convey the sense of the
board to DeVincentis. Cl Sumner said she did want to cover some of their cost, but not that
much,
Page 5 of 7
TB 4 -19 -07
Atty Perkins has received the survey of the Parke -babes property prepared by TG Miller.
He explained that the survey shows the existence of a spring house on the property and right:
of -way that is not really of concern because it was reserved to the people who eventually
conveyed it to Parke- Dabes. There is a wooden fence that encroaches and was apparently
built: heading toward a survey pin that is not where it is supposed to be. There is some
concern about a pin that appears to have been set at some point without the benefit of an
instrument. He said the spring house appears to be in very bad shape. He said it was not
uncommon to have different properties in that area served by springs, with more than one
property sometimes sharing a spring. Almost: all of those have been abandoned since the water
service was installed. There is no reference to the spring house in any of the deeds in the area.
Atty Perkins said he doesn't believe it will interfere with the projected use of the property. With
respect to the fence, he said we could write to the property owners and acknowledge that it is
there and state that it is not to be rebuilt on the property. The board asked Atty Perkins to
make the neighbors aware that they are encroaching.
With respect to t:he Cayuga Press HUD loan, Cl Makar has done some research on
commercial interest rates for loans at local lending institutions. He said he feels the 4% agreed
to last week is not close to what they should be charged after having defaulted on the loan.
The best rate he could find was from Tompkins Trust Company for 7.75 %. He said the 2% they
received from the Town was an incredible deal and now that they have left, the Town should
hold them accountable and use that money in other sways.
Cl Sumner said she has a little sympathy for wanting to be a little generous with
Cayuga Press because they are still employing Dryden people and they are continuing another
40 business at their old location. She said she can't see raising the rate to roughly equal to a
commercial loan, but could see splitting the difference and suggested perhaps 5% or 6 %.
Cl Makar said he wondered how many Dryden people are employed by Cayuga Press at
this time and how many were there before they left: Dryden. He would also like to know if they
have rented the space and if so, what kind of business is there now. Rates of pay are different
for retail as opposed to industrial. He would be alright with having the rate changed and then
making a further rate change after those questions are answered. He'd like to know how the
board is going to hold this company accountable, or any other company that may decide to
come to town. He asked if it wasn't a family that had been in town for a long time would we
treat them so nicely after having taken a loan and leaving town eight years later.
Supv Trumbull said Peter Schug called him today after receiving the proposed
amendment to the loan agreement. P Schug questioned the increase in the interest rate, said
he still employs Dryden people, and that he will not be able to come up with $250,000 a year
from now (if the loan is called in). He indicated he probably would not sign the amendment
and said he would be willing to come talk to the board.
Cl Stelick said he thinks it is a good
questions before any meeting with P Schug.
contract is a contract and it specifically has
the town is attempting to do is something tl
said the offer is generous.
idea that the board have answers to Cl Makar's
Pie said he is sort. in the middle on this one. A
remedies on default and the default is there. What
iat is legal and trying to be fair about it. Cl Sumner
Cl Makar said the principal amount could be to remortaged@I and the interest rate
increased and the payments would be about the same. That may be an offer the board should
consider.
Page 6of7
T13 4 -19 -07
CI Sumner said she is a little concerned about a business that is operating that close to
the line. Cl Makar said they had to have done some cost benefit analysis for moving to
Cortland and deciding that: he couldn't stay here and knowing that the loan could be called.
CI Stelick asked Cl Makar to put his questions in writing for the Supervisor who can
then give them to Peter Schug. He would like the answers before any scheduled meeting with P
Schug.
On motion made, seconded and unanimously carried, the meeting was adjourned at
6:50 p.m.
Respectfully- submitted,
s Itoe2
/6/aty:L, Hollenbeck
Town Clerk
Page 7 of 7
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RECEIVED
MAY 2 4 2007
11
ILLAGE OF DRYDE
STATE OF NEW YORK
COUNTY OF TOMPKINS
- - - - - - - - - - - - - - - - - - - - - - - - - - - -
PUBLIC HEARING
REGARDING
PETITION FOR ANNEXATION
Re: Smith Realty and St. John's Dryden Realty Corp.
- - - - - - - - - - - - - - - - - - - - - - - - - - - -
Held
on t
7:00
PU
at 65 East
he 19th day
PM.
BLIC HEA
Main St
of Apri
RI
re
1,
NG;
et, Dryden, New York,
2007, commencing at
REPORTED BY: PDQ COURT REPORTERS
MICHELE L. RICE, RPR
Notary Public
746 Route 41
Smithville Flats, New York 13841
(607) 863 -4911
APPEARANCES: REBA TAYLOR, Mayor
BOB WITTY, Village Trustee.
RANDY STERLING, Village Trustee
DAN WAKEMAN, Village Trustee
MARY ELLEN BOSSACK, Village Trustee
DAVID DUBOW, ESQ., Village Attorney
RON MOORE, Village Supervisor
MARGARET RYAN, Chief of Police
BAMBI HOLLENBECK, Secretary
STEVE TRUMBULL, Town Supervisor
STEPHEN STELICK, JR., Town Board Member
MARTIN CHRISTOFFERSON, Not present
MARY ANN SUMNER, Town Board Member
DAVID MAKAR, Town Board Member
MAHLON PERKINS, ESQ., Town Attorney
ABBY HOMER, Secretary
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Public Hearing
MAYOR TAYLOR: Okay. It's 7 :00.
have a public hearing scheduled on a
petition for annexation. I'd like to open
the public hearing at 7:00 and the purpose
of the hearing is to consider the petition
2
We
for annexation submitted by Smith Realty and
St. John's Realty Corporation and whether
the proposed annexation is in the overall
public interest. I'd like to first say we
need to elect somebody to chair this
hearing.
STEPHEN STELICK, JR.: You want to do
it, Reba?
MAYOR TAYLOR. I'm getting good at
this, right?
Reba.
STEVE TRUMBULL* Marvelous.
STEPHEN STELICK, JR.: Good job,
MAYOR'TAYLOR: Right. And next I'd
like to introduce to everyone the panel
that's here from the Village and the Town.
We have Steve Trumbull, Steve Stelick, David
Makar, did I get that, right? I have not
met you yet.
PDQ COURT REPORTERS
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Public Hearing
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DAVID MAKAR. Sure,
MAYOR TAYLOR: Bambi Hollenbeck. We
have a court stenographer who is going to be
taking this in full. Mary Ann Sumner. Abby
Homer, who is our Village Clerk taking
notes. I'm Reba Taylor, I'm the Mayor.
Village Attorney David Dubow; Mary Ellen
Bossack, Trustee; Randy Sterling, Trustee;
Dan Wakeman, Trustee; Bob Witty, Trustee;
our Superintendent of Public Works Ron
Moore, and your Police Chief Margaret Ryan.
That being said -- and in the
audience is Mahlon Perkins -- Mahlon wave --
who is the attorney for the Town.
I would like you to know that the
exits are there and that the restrooms are
over there (indicating). Should there be a
fire please do not use the elevator.
And Ilwould also like to ask if
everyone has signed in or is signing in so
that if we need to get back to anybody we
have names and contact numbers.
And to start this off I would like to
allcw the Petitioner to present what they're
ruQ UUURT REPORTERS
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Public Hearing 4
hoping to do. And I would also like to ask,
as we get to questions and statements from
the public, that anyone who wishes to
address the Board please state your name and
your address and speak clearly so that the
stenographer can keep track of everybody.
And also any of the members of either Board,
if you're speaking would you please state
your name so that when the stenographer is
transcribing this she'll be able to know who
said what, please.
DAVID DUBOWa If I could just for
record confirm at least for the Village and
T believe Mahlon can confirm for the Town
that notices of the public hearing were
published -- I think in the case of both the
Town and the Village -- on March 19th, which
complied with the time requirement for doing
so, and thatIthe hearing is being held
within the time permitted by statute and
that the Village likewise has a
certification from the Village Clerk's
Office with respect to the mailing of the
required notices to the Petitioners, the
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Public Hearing 5
Petitioners' Attorney, the Town Attorney,
myself and the School District,
MAYOR TAYLOR: Does everyone mind if
we just make for -- it sounds like there's
more people coming in. I'd like to
reiterate for whoever's come in late we have
sign -in sheets. One is for the public
hearing and one is for the regular Board of
Trustees meeting. If you're here for both
please sign both. If you're here for just
the annexation please sign the annexation
one.
And now we'll continue on with our
meeting. Who would like to speak on behalf
of the Petitioner?
DAVID PARKS: Hi. I am David Parks.
I'm an attorney representing Cliff Smith,
who's Smith Realty, and George Michelis, who
is the President of St. John's Dryden Realty
Corporation. And we are seeking annexation
of the properties immediately north of where
we are right now into the Village. And I
would just like to say that although the
infcrmation I'm providing is in the petition
LJU� UUURT REPORTERS
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Public Hearing
itself, I'd just like to reiterate that the
annexation of this property would allow the
property to be fully developed.
We are seeking to have a motel or a
hotel placed on the location, which would be
immediately south of the location where
there is going to be a Dollar General store,
and it would be immediately north of -- of
the Al Restaurant -- Family Restaurant. And
the -- our ability to do that development is
contingent upon the availability of sewer
and water services. Based on the existence
of the following, sewer, police protection,
water, it is urged that the full development
of that site would in effect be in the
overall public interest.
We would also note that the -- we
have been informed that if the parcels are
annexed into`the Village that a sewer line
could be run through the property, thereby
eliminating an existing pump station which
is immediately north of the property, and
that in effect would save the Village money
in terms of operating that pump station.
rLW UUUKT REPORTERS
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Public Hearing
I would also note that the
development of these parcels would increase
the tax basis for that -- for the Village,
rJ
obviously would increase the tax revenue for
the Village, and it would increase the tax
revenue for the whole County based on the
development of that parcel, and therefore it
is urged that it is in the public interest.
I would also note that we have had
significant interest-from the Tompkins
Cortland -- or is it Tompkins Cortland
Community College, TC3, requesting that
there -- that this type of development go
forward, precisely because they would like
to have places where they could hold
meetings, have their faculty or visiting
students stay immediately in the area, and
so they have expressed an interest. And for
that reason hlso we would urge that it is in
the public interest for this to happen.
In terms of the other requirements
afforded by case law and statutes, I would
say that the annexation of these parcels and
development. of these parcels in this manner
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Public Hearing
would serve -- there's a contiguity of
parcels. It is not -- the parcels that are
proposed to be annexed would be contiguous
to
the existing
Village.
It is
-- it would
not
create
an odd
shaped
area.
And the
development of these parcels, especially
commercial development of these parcels,
would be in keeping with the existing
development in the area, including the Al
Restaurant and all the development that is
south on Main Street, at -- that keeps with
the unity of purpose and community that is
required by statute.
And obviously therefore for those
reasons we'd urge that the annexation be
approved. And if you have any questions I'm
open to questions.
MAYOR TAYLOR: Does anyone have any
questions frbm the Petitioner?
map?
STEPHEN STELICK, JR.:
DAVID PARKS: Yes,
STEPHEN STELICK, JR.:
that everybody could see?
PDQ COURT REPORTERS
Do you have• a
A large map
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Public Hearing
DAVID
PARKS:
We had
smaller
versions of
this map
that were
mailed
with
the petition
itself.
I don't
know
how you
want to --
STEPHEN STELICK, JR.: Okay.
MARY ANN SUMNER. I've got one.
STEPHEN STELICK, JR.: You're
talking this one here (indicating)?
DAVID PARKS: Yes.
STEPHEN STELICK, JR.: Okay. I was
wondering if you had a map of the whole
area.
DAVID PARKS: I have a tax map of
the whole area.
STEPHEN STELICK, JR.: Is that
broken down by whatever has already been
annexed?
DAVID PARKS: As far as the Village
is concerned?
STEPHEN STELICK, JR.: Yeah.
DAVID PARKS: The only map that I
was able to obtain was from the Village
itself, and I'm told that that hasn't been
actually updated since.
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Public Hearing
STEPHEN STELICK, JR.: Were you
involved in the original petition that was
withdrawn because of some errors in it?
DAVID PARKS: Yes, that is correct.
And the original -- the original petition
included some residential properties, as
well as commercial properties, and also
because of the errors that were in it we
withdraw that petition and decided that the
unity of purpose and community would be
10
better served by limiting it to the existing
petitions.
STEPHEN STELICK, JR.: So, what are
the changes from the original petition to
the current one as far as any properties
that were removed?
DAVID PARKS: All of the residential
properties were removed.
STEPHEN STELICK, JR.: Thank you.
MAYOR TAYLOR: I'd like to remind
everyone again, if you're going to make
comments please state your full name so the
stenographer will know who's talking.
Does anyone have any other questions
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for the Petitioner?
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If not do we -- I don't
know exact procedure on who should go next,
but do the attorneys have any concerns with
this petition as it was submitted? I think
maybe we'll entertain those next before we
go any farther. Does
that
sound
reasonable?
DAVID DUBOWa
Sure.
I
mean,
I've
sent a memo to the -- to the Village with
respect to what I believe are all minor
irregularities. I think they're instances
where St. John's Dryden Realty Corporation
is in some instances with Corp. and some
instances with Corporation, their reference
is to individuals as being owners, when I
think the clear intent is that it's the
entities with respect to which those
individuals are principals.
And the only other irregularity
that is something that, again, I think can
be for the Board's consideration eventually
is that the statute is quite clear about
having the authentication of the Petitioner
signatures be on the bottom of the page in
which the signature appears, and in this
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case the authentications are on the page
following each signature, which again, I
don't think would be considered necessarily
a substantive irregularity. It's probably
one the Board can review in making its
findings and presumably determine that the
12
petition is still valid notwithstanding that
irregularity. Those are the only issues
that I've cited to the village.
MAYOR TAYLOR. Mahlon?
MAHLON PERKINS* I think David's
correct in his brief comments. My concern
was the more significant substantive
irregularities in the first petition, all of
which have been corrected. There are these
minor glitches, if you will, but I don't
think they're fatal. The Town does not
intend to file any written objections as
required by the statute as to those matters.
MAYOR TAYLOR. Okay. Reba Taylor.
I have a question, because you discussed in
the petition the elimination of a sewer pump
station, and I guess I need some
clarification of what sewer pump station
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13
you're talking about, because I have a
feeling it's not a sewer pump station that
belongs to the Village. I have a feeling
it's the Mott Road sewer pump station and it
is not ours.
right.
GARY
WOOD: She's
absolutely
right.
MAYOR
TAYLOR. Is
that
correct?
GARY
WOOD: Yes.
Gary
Wood.
She's
DAVID PARKS: In terms of serving
the public interest I did limit it to the
benefit of the Village, but the overall
public interest, I believe it would serve
them.
MAHLON PERKINS* Actually I think it
is located in the area that's proposed to be
annexed.
MARY ANN SUMNER*
the Town. '
MAHLON PERKINS:
But it belongs to
Well, currently it
does because it's in the Town.
MARY ANN SUMNER. Okay.
DAVID DUBOW: Maybe -- this is David
Dubcw speaking -- maybe somebody could
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explain the basis upon which the Petitioners
believe that that pump station would no
longer be necessary. There may be some
technical reasons that not everybody is
aware of, because I think the representation
has been that that might be able to be
eliminated in the event that this property
was annexed to the Village, and I think
somebody might need an explanation as to how
that might be possible.
GARY WOOD: Gary.Wood, Petitioners'
engineer. It's intended that some day we
would develop a screen going from the
intersection of Ellison and Enterprise
Drives up to Mott Road and then, of course,
a gravity line could run from where that
pump station now is on Mott Road down to
that intersection, and that would take away
the maintenahce of the pumping station,
that's all there is to it.
DAN WAKEMAN0 Dan Wakeman. The
pumping now occurs to pump along Mott Road
in the intersection of Mott and Fourth.
GARY WOOD: And then from there it's
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gravity.
DAN WA[CEMAU
MAYOR TAYLOR:
Right.
Are there other
members of the public that had questions?
Yes?
DONNA WASSUUG :
name's Donna Wassung
All right. ray
I`ve been living in
the Town of Dryden for a couple cf years
rOW4 I lire in the Little Creek Trailer
Park which is directly across from the Al
Restaurant, so I would like some
clarification about where these parcels are
15
in relation to where I live in the community
that I lave in right across from the Al
Restaurant?
DAVID PAREc a it will be directly
across the street from you.
DONNA WA SUN : Oh, that's real
comfc tin Okay. I have a couple cf
concerns here. One of them is that Dryden
is built on an earthquake fault line and 1
really thinly that building up Dryden
excessively is Hoot prise. l know people who
have grown up in Dryden. I have friends who
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Public Hearing 16
have been living here for decades and have
verified minor earthquakes that have
happened here before and a trailer that blew
up in the trailer park that I live in right
now.
The-re is an abandoned
bed- and - breakfast right near the trailer
park that i live in and if that business
wasn't thriving I'd questl.on whether a motel
or motel is goI to thrive in the same
area, and I think it would he much more in
character with the Village of Dryden tc
areiRovate the bed -and- hreakfast rather than
build a new hotel or motel.
MAYOR TAYLORa Thank you. Other
comments from the public?
(Whereupon there was no verbal
response)
MAYOR, TAYLOR: Anyone?
MICHAEL LANE& Yeah, I'll speak.
I'm Mike Lane. Michael Lane. I live iz1 the
Village of Dryden on East Main Street. 'phis
ks now the at least the second at
least one Other petitioned area has been
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Public Hearing 17
annexed to the Village in the area north of
the Village borders. I don't know how many
petitions have been received from that area.
What's happening up there is a transition.
I believe that if you travel north on Route
13 from the Village of Dryden most people
would not understand that the Village stops
at•Route 38, rather it continues at least
through TC3, and with some of the proposed
building it will be continuing even further
than that, This commercial area has been
associated with the Village for many, many
years. The Town of Dryden is huge. It's
one of the largest Towns in the State. And
there are many commercial areas in the Town.
But this one has always had an association
with the Village.
The idea of annexing this property to
the Village makes sense in the long run but
there are other issues that I would assume
everyone needs to look at and that is why
has the number of properties decreased? I
understand from ten parcels to four parcels.
What about those other six parcels? What
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about other properties in the present sewer
district, including the trailer park and
other dreas7
W
We know we have sewer problems in the
Village with our plant. I've proposed to
get other -- at other meetings the
s,ggestion that there be the possibility of
a joint sewer plant among the two Villages,
Drydenn and -- F'xeeville and the Town of
Dryden which could address the kind of long
term needy that areL needed for this area as
it becomes annexed and also for the needs of
the two Villages. Y think that these Boards
need to look at those issues, as well.
There's definitely a community cf
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nterest between the area north of the
V3.11age and the Village of Dryden itself,
It makes a lot of sense for the people up
there to havb the same services as the rest
Of the Village. At the same costs,
including things like police protection,
which they're -- they do not have now.
Including things like street lighting, road
maintenance and equal rate on the sewer
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Public Hearing
costs.
So, I think this is a continuing
19
saga. I
really
think it
needs to be done in
a larger
mode.
I think
that these
properties should be annexed to the Village
but I think that it's part of the iceberg
that needs to be viewed under water at this
point because big part's down there.
Thank you.
MAYOR TAYLOR:
other? Steve?
STEVE TRUMBULL.
Thank you. Any
Yes, Steve
Trumbull, Town Supervisor, Dryden. I
just -- there were like ten or twelve
original parcels that were going to be
annexed and they dropped off, does anybody
know why this happened? How can they just
disappear? I'm just curious.
DAVID'PARKS: T was retained by
Cliff Smith and -- David Parks. I was
retained by Cliff Smith to do the
annexation. Originally we had many people
who were -- showed interest, but ultimately
some of them signed -- some of them wanted
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Public Hearing
to do it but didn`t end up getting on the
petition. There were many defects in the
original petition that was withdrawn and
ultimately it was decided that too Many
panties
joining
in on
the
partition annex,
the petition itself, actually made it more
complicated and harder to make a case.
These two parcels were commercoial
Properties, they were contiguous to the
Village, it made a lot more sense to limit
them to these parcels. And obviously I'm
retained by Mx, Smith anti, you know, a
decision was made that we would move forward
with just those parcels.
MAYOR TAYLOR:
Comments? Mike?
MIKE HATTERY:
Any other questions?
Mike Hattery. I live
at 4 Ora stone Drive in the Village of
Dryden. The'taro previous annexations that
these two Boards have approved in this azmoa
north of the Village along with this
petition Will I believe -- I also -- another
characteristic of mine is I'm also cuTzentl
sitting on the CDUnty's Empire Zone Board --
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Public Hearing
along with this parcel will bring into the
management of one municipality almost the
entire subzone of Empire Zone -- Subzcne
21
north of the village. There's maybe 5 or 10
percent that would be outside, but I think
this, the annexation of this petition, the
approval of this petition, would lying, I
oink, it not 100, at least 90 percent of
the icemaining Empire Subzone into the
Village with access to water and sewer and
that permits the Empire Zone which I
don't think you know -- it was just recently
approved and has begun to be administered
ithln the County -- that would permit the
deliverer of a number of benefits that are
supported by Mate tax dollars to new
developed commercial development within the
zone,
Sc. l'think for those reasons it's
also in the public interest from an economic
development point of view to see these
parcels, in addition to the previous
annexations that these two Beards have
approved, aggregated in one municipal
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Publlco Hearing
planning, zoning and service delivery
situation.
Thanks.
MAYOR TAYLOR. Thank you.
At this point I would like to ask our
attorney to read into the record -- we got
three different letters regarding the
annexation. One of them is Gax'y's cover
letter but the rest are letters regarding
the actual anneXation. o, David, if you
would read those and note who sent them.
DAVID 1]UQW: Sure. The first is
from Gary Wood on behalf of the Petitioner,
and it reads directed to the Village
Board members and the Tow-n Board members -�
and it reads as follows: "'S wanted you to
have an insight into the concept we have in
mind if you approve the requested
annexation. LFor this purpose I am enclosing
a generic development plan, that we prepared
to perform the basis for a traffic analysis
and a stormwater plan. Both of these
studies have been submitted to the
Department of Transpoxtation as part of our
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Public Hearing
application for a highway access, which was
originally sahmitted to them almost a year
ago.
"At the present time there's active
23
interest in developing a motel adjacent to
the Al Restaurant. This would be contingent
upon the availability of public water and
sewer. The building to the noxrth of it zs
intended to hetiL the Dollar General store,
that we have been trying to site fox about
three years, providing it can be
a complIrshed this construction season, The
rest, of the buildings represent, possible
future office buildings.
"We look forward 'to meeting with ynii.
"Cordiazly," and signed by Xr. wood.
The second is from thie Tompkins
County Area Development. That's the
letterhead. 'It is written by Heathen
Filiberto, the Empire Zone Coordinator, it
s directed, to SupeLlviscit7 Trumbull and Mayor
Tayloxc, and reads as follows: "Dear
supervisor Trumbull and Mayor Taylor:
"The land that is subject to the
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Public Hearing 24
above referenced petition for annexation is
located in the Tompkins County Empire Zone -
the North Dryden Sub -Zone. The Empire
Zone's program is a vital component of the
State's efforts to revitalize and expand the
New York economy. Empire Zones are
particularly attractive in that they offer
numerous tax incentives for qualifying
businesses located within the Zone.
"The Tompkins County Empire Zone's
primary focus is on the growth and expansion
of high technology and manufacturing firms.
Vacant land in the North Dryden Sub -Zone
could be very attractive for these types of
firms to locate given the proximity to Route
81 and the Syracuse area. However, to fully
reach this development potential businesses
must have access to water and sewer
infrastructuime,
"In 2002, TCAD" -- that's the
initials for Tompkins Area Development
11 solicited input from local municipal
leadexship to help determine the
configuration of the County's Empire Zone,
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It was our understarnding fxom the
irxformation provided by Reba Taylor and Deb
Grantham at that time that this axea would
have access to water and sewex
infrastructure in the near future.
"TOAD is the administrative entity
for the Tompkins County Empire Zone and
supportive of the petition for annexation in
so far as it could provide a means fox
future access to infrastructure that would
then allow for private sector business
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nvestment in this axeea. It is in the
public interest to promote strategic,
sustained econam,ic growth in Tompkins
County. "
And again, that's signed by 1heatheic
Filiberto of the Empire Zone Coordinator.
The third correspondence is a memo
directed to Mayor Taylor and the Dryden
Board of Trustees. It is from the Village
Planning Board. And lit reads as follows:
"Dear Reba and Board:
"This letter is in response to the
Peti4ion for annexation of properties
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2&
immediately adjacent to the northern edge of
the Village of Dryden, as submitted by Smiths
Realty and 5t. John's fealty Corporate,
owners of the subject pro peat . In general
the Village Planning Board -is supportive of
growth foxr the Village. Howevex, there are
some issues currently facing the Village
that need to be studied and answers
provided, before an annexation of this
magnitude becomes a reality.
"Currently the Village faces two
important and Critical concerns regarding
sewage treatment plant replacement and
adequate wateLr supply as defined by the
Tompkins County Health Department in a
recent communication. In neither case has a
specific plan of upgrade or ianprov4ament been
determined and Clearly communicated to
Village residents. Both of these
infrastructure services could be adverse.
impactedt ahould the proposed annexation
take place prior to having a plan in place
to resolve existing concerns.
"While the petition states general,
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potential both of these terms
underlined -- "benefits to the Dryden
community, the overall tone of the petition
emphasizes both immediate and long- term
benefits to the Petitioners if the
annexation occurs. The petition cleanly
defines the benefits of municipal water and
sewer services, police and fire protection,
and other Public Works services to be gained
by the Petitioners. However, it fails to
recognize the likely ongoing, increased
casts village residents would incur tc
provide these services. It is in the best
.ntezest of Village residents that the
necessazry research be conducted so that
these costs can be determined and ,Wade known
prior to a decision on the annexation
petition,
"The decently adopted Comprehensive
Plan for the Village points out the current
'Small village' atmosphere as a major
attrihute of the Village and emphasizes the
need to maintain this atmosphere residents
curxantly enjoy.
While growth may be
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Public Hearing 28
desirable it must be carefuily planned, with
both communication of loth benefits and
potential shortcomings to Village residents.
We encourage you to have all of the facts
before you, paxticularly on Chi issues
described above, and cleanly communicate
them to Village residents prior to a
decizion on thin petition."
And it's "respectfully submitted, "
signed by Gene German, the Chaixperson of
the Dryden village Planning Board.
MAYOR TAYLOR
DEB HATTERY.
on the Planning Board.
Yes?
Tym Deb Hattei�y. I'm
I am in agreement
with this letter in part as far as
annexation gees . Y was not in favor of
sending this letter, partly because I don't
know all the facts about the plans for
sewers and water',
annexation process.
I realize this is
So, you know, perhaps
ycu may want to take a little bit of time
and explain that but...
AYOR TAYLOR: At the present
time Reba Taylor -- at the present time
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we're looking into a water problem that has
been noted by the Tompkins County Board of
Health in regard to if our main well were to
go offline for three days or any substantial
amount of time the Board of Health does not
feel that we have an adequate supply of
water to currently supply the residents of
the Village with no additions of any type to
the Village. Any -- be it new housing, be
it annexation or anything.
They have requested that we explore
other water resources and develop a new
water site. To that end we've had DPW
meeting and we've also had a discussion on
this Board about rehaading the well that we
currently have on Jay Street to pump more
water for the as a present fix, but we're
also asking Ed Bugliosi to come In and do a
presentation' fox the Board regarding other
water sources that might be potential
resources for the Village to use.
And Ed is here, X see himr and we
actually have a Board meeting in May that
r'm asking Ed to come and discuss this as
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a -- so we can start looking forward to a
real plan of where we might get another --
sink another well and establish a new water
resource.
30
Ed, do you have any comments on -- or
would you like to make any comments
regarding our water sources right now?
ED BUGLIOSI0 Ed Bugliosi. I guess
I'm speaking as a resident and also part of
the Planning Board, and I do work with USGS,
who is conducting currently a study of the
aquasystem
with
the
Town
and
County.
I
guess
one
question
I have
is:
What
extra
demand are you anticipating from the parcels
you want annexed?
yet.
GARY WOOD.
ED SUGLIOSIa
important question.
You don't know that?
No, we don't know that
That would be a very
And I guess right now
the state of knowledge from USGS is we're
not really sure where to sign them. We have
some ideas -- some good ideas from the Town
and County on studies, so that's what I
would hope to address, but I think it's a
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pretty irapoaetant issue and it does need to
be addressed correctly.
MAYOR TAYLOR* And I would like to
also add that the Board of Health is
31
agreeable to us resleeving and putting a new
head on the current Jay Street well as a
temporary f_iX. They want a plan forward of
what we're going to do to establish a new
water source. That's why S've asked Ed if
he's willing to work with the Village. And
ho does have an excellent Powerpoint, I've
seen it, and I think it's going to be very
beneficial to the crest of the Board members.
Mr. Woodr if you`d like to come to
that meeting you're coxodially invited. See
what's going on with our water. But I think
it's important to note that we realize we
have these problems and it's definitely
something that has to be looked at in
conjunction with any type of annexation
process that goes on.
And the ether section of it is also
out current sewer system and our current
sewer, the impact this would have on our
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current sewer system.
Everyone knows that
we're in the process of trying to rehab and
rebuild the sewer plant. There's been
questions regarding the current inflow into
the plant and how much of the plant --
whether it's at capacity or if there's any
spare space in the current plan, and until
we have this study completed we're not in a
position to say, oh, we can move forward,
that our current development plan is
correct, or that it may be too small. And
at the present time we are anticipating
having new flow monitors in place in the
plant, the middle -ish part of May, and
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hopefully we will have some actual flows and
measurements by June that will give us a
pretty accurate figure of what is actually
happening in that plant. And if the figures
that we started with and sent to DEC to have
our new plant built are correct or not.
We have plans approved by DEC based
on previous engineers' studies but there
were questions regarding what was in the
plant and the flow and so we've -- we are
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Public Hearing
revalidating these figures, and once that's
done then I think we'll be in a position to
move forward. And, as I said, it all
depends. Our current DEC approvals are
still in place, I have talked to DEC, they
just ask -- I just actually sent a request
33
today for more money out of the State for --
out of the Revolving Fund Loan for this
project, and we are -- and we gave them new
target dates for this project.
A lot depends on the results of these
flow monitoring things that are going on at
the present time or will be going on in the
near future. Does that help answer peoples'
questions regarding that? It's not like we
don't know and it's not like it's not going
to be addressed before we come to a
conclusion regarding annexation.
I mean, if -- one of my questions in
the actual annexation petition is item 23,
with regards to facilities once annexed,
sewer and water, police and other Village
services would be entirely provided by the
Village, that would not necessarily mean
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that it would be immediately available,
because if we have to wait until a plant is
built and we don't.do a plant for a couple
of years, that would be when it would be
available. Because there just may not be
space to put anything more in there right
now.
And we currently are obligated to a
new housing development that has been
approved and has been sited and is under
construction, so this Board has to really
consider everything before we can make a
decision. And I know we get back our
W
transcriptions and we evaluate all of it and
we make findings from that, and I'm going to
rely on David's time frame, because I always
forget how many weeks or months or whatever
we have, days in here, so could you
reiterate what those are?
DAVID DUBOWa Yeah. Both Boards
have a period of ninety days from today, so
that's ninety days after the public hearing,
to render findings. I will point out at
least with respect to the Village's position
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that an environmental review is required,
and I think each by the Village and the
Town, and I think the case law in New York
is becoming relatively clear that the
greater the specificity of a project
proposed for property to be annexed, the
greater the responsibility of the
municipalities involved to do a SEQR review
specific to those uses. So, if somebody
were simply proposing to have property
annexed to the Village from the Town but
without any particular plan or with no
certainty as to what development might take
place, I think in both cases in the past
when that's been the case the Villages and
the Town, I think, have taken the position
that the environmental review is generic in
a sense to the annexation of those parcels
proposed froth the Town to the Village.
In this case I'believe given that
it's very clear what the property owners are
proposing for the parcels involved, that
there will be a need for the municipalities
to do a more thorough and specific
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environmental review with respect to those
particular projects which would address
water and sewer issues certainly, and other
environmental issues that would need to be
addressed. That may impact the timetable
f*
and the efforts that the municipalities have
to undertake to determine ultimately what
their findings are going to be.
MAYOR TAYLOR:
ED BUGLIOSI:
Ed?
Ed Bugliosi. And I
think it's critical for the Village and
Water Department to understand what the
demand would be, the anticipated demand.
think you need to get those numbers.
MAYOR TAYLOR: Mr. Wood, is that
I
something that you might be able to at least
give us some theoretical type letter or
numbers on what might be an anticipated
amount of water and sewer that could be used
or anticipated?
GARY WOOD: To a point I can -- Gary
Wood again. To a point I can answer that.
Typical office building is designed for 30
gallons per day per employee, so 100
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Public Hearing 37
employees scattered through three or four
buildings is only about 3,000 gallons a day.
I don't have the figures in my head for a
motel, to be honest with you.
And I would also point out to you,
though, we may have confused the issue a
little bit here. We are asking for an
annexation, we're not asking for sight plan
review. And each one of these projects
would have to come back to the Town or the
Village Planning Board for review and could
not be approved until the facilities -- we
go through that SEQR review with every
project. It says, is the police adequate?
Is the fire protection adequate? Is the
water adequate? And all those things, so
that has a second review. This is for the
annexation.
MAYOR`TAYLOR0 For the annexation.
GARY WOOD: And although we have a
Dollar General in mind, we know that the
sewer's available on the north road, North
Street there, and we can drill a well for
the Dollar General. So, for that project we
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Public Hearing
don't need the well capacity -- the water
capacity from the village. So, there's
issues to be addressed at the second stage,
I think.
MAYOR TAYLOR: Okay. I just --
to -- to be above board with everyone, I
don't want anyone thinking, oh, if an
annexation happens you immediately have
M
water and sewer capabilities, because that
is not necessarily true. And I• certainly
wouldn't want anyone saying, well, the Mayor
said, and feeling they were misled into
believing that, oh, this is going to be
there like a magic overnight thing, and it's
not.
I mean, Y have done a little research
into the possibility of water lines and
funding for water lines and grants that are
available to`put water lines out there and
there are things out there. There are cost
sharings and like that, but there is --
there are funds available, mostly up close
to a half a million dollars actually for a
project at the present time, so it's not
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1 like there's not money available and there's
not -- especially with something that's in
3 the Empire Zone, you get a whole lot more
4 points when it's in an Empire Zone, but 1
5 just don `t want anyone fei filing that it's a
6 magic kingdom here and the minute if an
7 1 annexation is approved you've automatic get
8 1 water and sewer, because that might not he
9 txue and z donft want to mislead anyone
anywhere along the line on this, okay?
11 Are there any other questinmL or
12 comments frown anyone in the room? On the
13 Boards? Any?
14 (Whereupon there waH no verbal
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response)
MAYOR TAYLOR: Seeing none we'X1
Close the public hearing on the annexation.
And I thank all of you for coming and for
giving us yolir input, And as David said, we
have ninety days to make our findings to get
21 1 started with this. And what do we have to
22 do after that? Do we have to do another
3
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public meeting or =-
DAVID OUBOW;
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obviously those three months or those ninety
days to review the transcript, review
whatever ether information has been made
available and each Bcard independently is
entitled to make its own determination as to
the findings that are xequired.
MAYOR TAYLOR: Okay. We close the
Public hearing at 7:43. Thank you all for
coming. I appreciate your time and your
comments, and if anybody thinks of anything
after this meeting that you didn't think of
or you didn't think was enough consequence
to ask during the meeting, feel free to call
either my office or Supervisor T =umbull's
office. We will get the questions to the
right people for some answers. Just so that
you know that we're available for you.
Thank you.
(Wherbupon the proceedings were
concluded at 7:43 PM)
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STATE
OF
IT NE
YOUR i
COUNTY
OF
CORTLAND
i
certify tha
transc:riptl
PUBLIC REAR
day of Apri
1. MICHELE
t the foregoin
on of the proc
IN, held in D
1, 2007&
s
L.
g is
eedi
ryde
RICE, RPR, do hereby
a true and accurate
rigs in the Matter of a
n, New York, on the 19th
MICHELE L.
Notary Pub
PDQ Court
746 Route,
Smi.thville
(607) 863
t
r+ r .
RICE, RPR
lic
Reporters
41
Flats, NY 13841
4911
41