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TOWN OF DRYDEN
TOWN BOARD MEE77NG
November 9, 2011
Supervisor Mary Ann Sumner, C1 Stephen Stelick, Cl Joseph
Solomon, Cl Jason Leifer, Cl David Makar
Cl Stephen Stelick
Bambi L. Avery, Town Clerk
Jack Bush, Highway Superintendent
PUBLIC HEARINGS
BUDGET, SPECIAL DISTRICT IMIPROVEMEI'fTS & FIRE CONTRACTS
PROPOSED LOCAL LAW WHICH WOULD AUTHORIZE THE TOWN BOARD TO OVERRME
THE TAX LEVY LrMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3 =c
Supv Sumner opened the meeting at 711.0 p.m_ and opened the public hearings on
budget, special distract improvements, fire contracts and the proposed loca] law for the tax cap
override. She said the new state tax levy cap has a provision where, if necessary, local
governments can override it with a majority vote. Like many taums, the board he% induced
this local law to give them the authority to override it, even though they do not anticipate the
need to override it. Supv -Omner said as far as she can tell, we are not even olose to having to
override it, but because it takes a certain amount of time to hold a public hearing and so forth,
they wanted to have this place. She read sorne of the text of the proposed local law and asked
if there were, any comments from the public. Them: were none,
There were no cornmentS on the special improvement c]istricts budget.
Supv Sumner said shy was surprised to find it a relatively s Triple task to develop the
budget this year. The tax levy cap as we understand it was 1.2 million. To Cal expenditures for
2412 increased only $7,000- Revenue is anticipated to increase substantially, largely because
we have undereskimated sales tax revenue in thr; past. Still being conservative, she is
antieip tiTxg a $580,000. 22 % less an fund balance is being appropriated to cover tho difference
this year. The total tax levy for the four operating funds will be $1,248,123, about a $14,000
increase over last year. She said a $1,000 increase in appropriations is about a 17 cent
I
ncrease for the average household's tax bill_ She told the board there ire few substantial
changes, and asked if there were any comments or questions from the audience or board.
Don Scutt, Palmear road said Iast spring he asked the board to look at possibly cutting
real property tax 10 %. He would like Dryden to set a standard for the state of New York. He
said government starts locaUy and works its way up. Property taxes in the state of New fork
are out of control_ He said the town is awash in cash and the board can set a good example
that can be paswed on to the county level and state level, The governor has not gone far
enough in his approach_ He asked that the brxard vote agafnst exceeding the % cap, Supv
Sumner assured him that they have no intention of exceeding the tax cap-
0 Scutt said he would like the board to do a couple of different budget projections_ One
would be as it stands now and a second one that cuts spending by 10%. He said he would like
to see the town leed in the state and set the example and set tone with respect to property
Fn4n I of fi
771 1 1 -9 -1 1
taxes.
The town has
the opportunity
with its cash to help lower the
tax
burden. He'd like to
see the
O
town step up
to the plate and
lower the property tax burden
by
10 %.
Supv Sumner said there is a substantial difference between budgeting and spending.
We always budget very conservatively. We estimate our expenses on the high end and estimate
our revenues on the low end and we never spend as much as was provided for. We always
have revenue higher than that. She said we do lead in property taxes. We have the second
lowest tax rate in Tompkins County, which is on the whole much lower than the state average.
Town tax on a median priced property is $216 a year. That is not the biggest part of the tax
burden.
D Scutt said he understands that, but the town has the opportunity to lead and set an
example. The town could ask the state, county, and school to cut by 10 %. 'luxes and the
amount of spending done in the state of New York are driving people from the state. It has to
stop somewhere and he is asking his town to try and solve this problem. It is a real issue and
needs to be addressed. He asked that the town at least entertain the idea of doing a budget
that cuts taxes by 1.0 %.
Chad McMullen, reporter, asked why the town would pass a local law to override the tax
cap when they don't plan to go above the 2% cap. He asked by they didn't pass some kind of
measure that said it won't happen no matter what. Supv Sumner said the calculations have
not been confirmed by the state. They are complex and a little bit slippery so they will do it on
the chance that the state changes the amount.
Don Scutt said if the town board can't lower the property tax by 10% maybe it can
explore the option of a local law that it will never exceed increases in the tax levy above 2 %,
and if it does it will have to go to a public referendum. This would be an automatic process.
e The town has an opportunity to lead in this state in getting rid of the enormous property tax
burden.
Cl Leifer asked if there were any comments on the fire contracts, and there were none.
Supv Sumner said the total fire department appropriations were down this year due to Varna
having paid off its first mortgage. That left enough money for Freeville to increase its bunker
program.
Public hearings on the budget were closed at 7:40 p.m. and Supv Sumner said the
board will vote on the budget next week.
Supv Sumner closed the public hearing on the proposed local law at 7:41 p.m.
RESOLUTION #16112011) - ADOPT LOCAL LAW NO. 1 OF 2011
AUTHORIZING THE TOWN BOARD TO OVERRIDE THE TAX LEVY LIMIT FOR 2012
Cl Makar offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby adopts the following proposed local law and
directs the Town Clerk to file the same with the New York State Department of State, State
Records and Law Bureau:
Proposed Local Law 1 of the year 2011
A local law to override the tax levy limit established in General Municipal Law §3 -c for the fiscal
year 201.2.
Section 1. Legislative Intent.
Page 2 of 6
'1'B I1 -9 -11
O It is the intent of this local law to override the limit on the amount of real property taxes
that. may be levied by the Town of Dryden, County of Tompkins pursuant to General
Municipal law § 3 -c, and to allow the town board of the Town of Dryden to adopt a
town budget for (a) town purposes; (b) the fire protection district; and (c) any other
special or improvement district governed by the town board for fiscal year 2012 that
requires a real property tax levy in excess of the "tax levy limit" as defined in General
Municipal Law § 3 -c.
Section 2. Authority.
This local law is adopted pursuant to General Municipal Law § 3 -c(5), which authorizes a
town board to override the tax levy limit by adoption of a local law approved by vote of
sixty percent (60 %) of the town board.
Section 3. Tax bevy Limit Override.
The town board of the Town of Dryden is hereby authorized to adopt a budget for fiscal
year 2012 that requires a real property tax levy in excess of the tax levy limit specified in
General Municipal Law § 3 -c.
Section 4. Severability.
If any clause, sentence, paragraph, subdivision, or part of this local law, or the application
thereof, shall be adjudged by any court of competent jurisdiction to be invalid or
unconstitutional, such order or judgment shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the clause, sentence,
paragraph, subdivision, or part of this local law directly involved in the controversy in
which such judgment or order shall be rendered.
O Section S. Effective Date.
This local law shall take effect immediately upon filing with the Secretary of State.
2 °d Cl Leifer
Roll Call Vote Cl Solomon Yes
Supv Sumner Yes
Cl Makar Yes
Cl Leifer Yes
Supv Sumner said TCCOG has asked the board to consider funding for the DEC
hearings on the sGEIS. Funds are available in the supervisor's budget. The board will vote on
this next week.
Supv Sumner asked whether the IT Committee had a recommendation for computer
support for the coming year. Cl Makar said the committee spent a number of hours looking at
the proposals. Concept Computing seemed to be the better choice. The price is good and
reviews from the Town of Lansing where they have 5 years experience are good. In reviewing
responses W the RFP the committee looked at price, location, the services offered, among other
thing. The sense of the board is to move forward with an agreement with this firm. Supv
Sumner will ask Atty Perkins to prepare /review the contract.
J Bush said he received a phone call from Tracy Road Equipment today and the state
contract on trucks was extended. OGS would like to have a one size fits all truck, but that may
not work out. He needs to decide whether to purchase trucks now in order to take advantage
of lower pricing. The board will need to authorize the purchase. According to his equipment
replacement program, in 20.1_2 we should purchase two news trucks. There may be a savings in
ordering two trucks at the same time. There are only a certain number of slots for orders from
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41513 11 -9-11
Western Star. Prices will increase after December 11 by over $2,000 per truck. We can avoid
that by purchasing/ ordering now.
One truck will be replacing a 2002 Freightliner, and he has a buyer for that used truck.
The other truck due to be replaced is a newer truck, Sterling, that they have had trouble with.
It hasn't been dependable so he would like to replace it.
It usually takes 6 to 9 months to get the truck, so they would be paid for in 2012,
around the end of June or July. They can be ordered after the 2012 budget is passed next:
week. There is $382,000 in reserves that will pay for one truck. Supv Sumner said she will
work out the details for next week for funding and will talk with Atty Perkins and ask him to
prepare a resolution for next week. J Bush said he had three employees retire in August that
he has chosen not to replace at this time, so there is budget savings there that could be used
toward the truck. He believes at this point he will just need a resolution authorizing him to
order the trucks.
With respect to the Beam Hill Road radio tower, Supv Sumner said there needs to be an
agreement with other users of the tower. The tower is being constructed and the base is in
place. Equipment belonging to the town, school and Cornell will be moved to new tower. There
was a user agreement in the past. The school was to pay $150 a year and Cornell was to do
maintenance. These other users have a fear of the future and need an agreement detailing
responsibilities. The details need to be ironed out and an agreement prepared.
J Hush asked whether the Delta Road Use Agreement will still be necessary because of
the ban. The board agrees we should proceed with this because it would apply to situations
other than gas drilling.
OThere has been the offer of a donation of a piece of land at the corner of Sunset West
and Pinckney Roads. The owners live in Massachusetts, J Bush encouraged board members to
visit the site. J Bush said he is trying to determine whether the town would have a use for it
and noted there may be restrictions on it. Supv Sumner said D Kwasnowski and the
Conservation Board are working on criteria for accepting donated land. Cl Makar asked that
the board be provided with the parcel number, size, and assessed value. They will discuss it in
the future.
With respect to the Tuttle barn, J Bush said the NYMIR representative said two years
ago that the building should come down. J Bush said it has been two years, and he would like
to know how to proceed. In this weather, the DPW has time to get it done. Supv Sumner said
she is committed to saving the building if she can. He said it is not unique and doesn't have
valuable lumber. The only thing that is historical is the hand -hewn beams. Those could be
put to use in a new structure. Money has been shifted in his budget: that could be put toward
a recreation equipment storage building.
Campbell Meadow property - J Bush said he disagreed with the decision to accept the
property because he has seen how it has flooded in the past. Supv Sumner pointed out it is to
preserve the flood plain. J Bush said it has been taken off the property tax rolls and is useless
to the town unless we can do something with it. D Kwasnowski had asked that it be mowed
and the former property owner stopped workers from mowing it. Supv Sumner said the Finger
Lakes Land Trust is working with the former owners and the Town won't keep it if there are
more strings attached than we knew about it.
Smoking Policy - J Bush said he has been approached by people who are concerned
O about smoking on town property. The County has a policy in place. Supv Sumner would like
to know more about the complaints he ha_s received. J Bush said he is leaving the matter to
the town board to be resolved.
Page 4 of 6
OSolar panels at Highway /DPW Facility - J Bush said he is not sure it would be cost
effective to install solar panels on the highway office building and highway garage. Supv
Sumner said Ken Thompson is working on the report.
Dryden Lake pavilions - J Bush said people are frequently surprised when they call to
reserve one of the pavilions that there is no use fee. He suggested the board may want to
consider a use fee, and will ask his secretary to find out what other municipalities charge for
use of a pavilion. The fee would help offset the cost of DPW employees removing garbage, etc.
Jim Schug Trail - The bridge south of Keith Lane has been repaired. They may pave the
surface to help protect the wood.
Drug Testing Consortium - J Bush has received a letter /contract to continue to
participate in the consortium. Supv Sumner will sign and return it.
Supv Sumner said she met with representatives from FEMA today. She told them we
need the floodplain redefined since the Virgil Creek Flood Control project. They were skeptical
at first, but after an explanation of how successful it has been and seeing some photos, they
were more interested. She will work with Jack Bush to get information for them. She has been
working with G1S'and the Planning Department and have a pretty good idea about how it
would affect people. it would help residents that currently have to purchase flood insurance.
Next week's agenda will include:
Public Hearing on the new zoning law
O Introduction of Critical Environmental Areas
Approve IT support services contract
Authorize Highway Superintendent to order trucks
Vote on budget
Supv Sumner said the NYSERDA grant was not included in the 2011 budget, and in
order to get an additional $6750.00 into the budget line for that contract, funds will be moved
from trail funding, which is not being done this year.
RESOLUTION #162 (2011) - BUDGET MODIFICATION
Cl Makar offered the following resolution and asked for its adoption:
RE, SOLVED, that this Town Board hereby authorizes the following budget modification:
From Account To Account Amount
A7110.411 A8790.406 $6;750,00
2n(I Cl Solomon
Roll Call Vote Cl Solomon Yes
Supv Sumner Yes
Cl Makar Yes
Cl heifer Yes
The Director of Recreation has also requested a budget modification because of
increased advertising expenses due to rescheduled events, a shortfall in the CAP funding for
intergenerational band and to cover wages for part -time workers.
Page S of 6
TB 11 -9-11
RESOLUTION #163 (2011) - BUDGET MODIFICATION
Cl Makar offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board herebv authorizes the following budget modification:
From Account
A7020.202
A7020.203
A7020.203
2nd Cl Leifer
Roll Call Vote
To Account
A7020.1.02
A7989.4
A7330.414
Cl Solomon Yes
Supv Sumner Yes
Cl Makar Yes
Cl Leifer Yes
Amount
$1,000.00
100.00
300.00
RESOLUTION #164 (2011) - APPROVE ABSTRACT #11
Cl Makar offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves Abstract #11, as audited, vouchers
#1016 through #1110, totaling $320,762.78.
21,11 Cl Solomon
Roll Call Vote Cl Solomon Yes
Supv Sumner Yes
Cl Makar Yes
Cl Leifer Yes
There being no further business, on motion made, seconded and unanimously carried,
the meeting was adjourned at 8:38 p.m.
Respectfully submitted,
Bambi L. Avery
Town Clerk
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