Loading...
HomeMy WebLinkAbout2012-01-11 T13 I - I I - 12 TOWN OF DRYDEN TOWN BOARD MEETING January 11 , 2012 Present: Supervisor Mary Ann Sumner, Cl Joseph Solomon , Cl Jason Leifer , CI Linda Lavine Absent : Cl Stephen Stelick Elected Officials: Bambi L. Avery , Town Clerk Other Town Staff: Jennifer Case , Bookkeeper Dan Kwasnowski , Director of Planning Supv Sumner opened the meeting at 7 : 25 p . m . Cl Leifer said he would like official business hours established for the town hall building. He suggests 8 : 00 a . m . to 4 : 30 p. m . While some departments aren 't always open those hours , the building should have published hours and those are the hours for the court and Clerk's offices , and the Planning Department has people in their office during those hours , or by appointment . CI Leifer will contact the Recreation Department about their hours . Supv Sumner said it is difficult to pin down hours for her department with one part-time secretary and herself. ® Supv Sumner provided board members with a draft building use policy , and the board discussed some recent problems when there was a meeting on the same night as court ( Monday) . The board discussed the possibility of only allowing Monday night meetings in the small conference room if a staff person is in attendance , a reservation form and a key deposit ($ 10 . 00) . Supv Sumner said the guidelines on the suggested form are fair and asked that ideas be emailed to her. She will work with staff and finalize the form . Supv Sumner said this can be administrative action if the board agrees . Cl Lavine suggested each user fill out a form ahead of time and be cleared prior to using a room . The form would be retained for future reference . Supv Sumner said there is an unsafe structure on Irish Settlement Road and she has emailed Atty Perkins for an opinion but hasn 't received a response yet . She said it looks like the board would need to pass a resolution to proceed . D Kwasnowski asked the board to consider the report and set up a committee to review the situation . He has talked with the owner who is willing to take steps to make the structure safe . He doesn 't want the board to take action until they are certain what they want to do . This situation cannot go to the local Justice Court because ag buildings arc not covered under the building code . The initial goal is to make the structure safe . CI Lavine said she would be interested in serving on a committee to deal with this. Supv Sumner said she has no problem ordering the owner to remove the collapsed sections . There is also an unsafe structure on Bone Plain Road , a residence , that D Kwasnowski would like the board to take action on . CI Leifer said he would like to review and understand the law and will talk to Atty Perkins. Supv Sumner said she will put these items on for the February agenda meeting. Legal Services - Cl Leifer said he has emailed Deborah Goldberg and she is out of town . The on -call person has not yet responded . He suggested that litigation be a constant agenda item . Page I of 5 TB I - I1 - 12 Cl Lavine distributed the following and made a speech about choosing appellate representation : Expertise in a given area Our Appeal is not simple, and while it is indeed about municipal law, that is one part of several _ Where municipal control law conflicts with other laws, nothing is simple . And the best minds will be required to work out the arguments . Those arguments go well beyond municipal law, and must also engage everything that is relevant to the law regarding mineral rights and the larger regulatory questions that the Industry will argue for. We need experts who can address all these areas, local municipal rights, regulatory law, minerals, and more . . . The central question is whether state law preempts (trumps) Dryden's local law. To answer that question, the court must interpret a state environmental statute (the Oil, Gas & Solution Mining Law) . The leading precedents that the court will consider are not cases interpreting municipal law, but rather cases interpreting another environmental law (the Mined Land Reclamation Law) . Appellate Expertise From here on out our case requires counsel that has extensive experience and success at high level appellate ® procedure. This is because that experience enables counsel to analyze legal issues and theory from the appellate judges' perspective. The appellate attorney must choose the language and content of the appeal based on this larger legal perspective that the judge must take. The appellate judge has to consider the long-term effects, and how it could change the future direction of a law, not just the nuts and bolts of either side . Understanding the complicated wider implications of the decision requires great expertise and is always complex and far-reaching . An appellate attorney will be detached from the case, relying solely upon the record. In fact, this is the very same view the appellate court will possess . Bringing this record to life and spotting the truly meritorious appellate issues is the job of an appellate attorney. Indeed the original trial lawyer may be hampered by seeing mainly the issues that played out in the lower level . The Brief Appellate judges appreciate appeals that are well prepared and delivered, incorporating pertinent information in the right way. " the written brief has largely taken the place that was once reserved for oral argument. For that reason, an ability to write clearly has become the most important prerequisite for an American appellate lawyer [and] rarely is good oral advocacy sufficient to overcome the impression made by a poorly written brief, " William H Rehnquist Briefs are also important because the opinions are often written months after the argument. In the seclusion of his chambers, the judge has only his briefs and his law books. Page 2 of 5 TB I - I1 - 12 ® To be successful on appeal, the appellate attorney must possess the ability to perform exhaustive research on multiple areas of law write eloquently and succinctly spot appellate issues and bring them to life by researching multiple areas of law and presenting them in a convincing manner to the judges engage in spontaneous oral argument on issues of law before a panel of judges. This is a draft and may not property attribute quotes yet . The board discussed the statement , preemption , regulatory law, municipal law, environmental conservation law, and whether/ how to determine criteria for choosing appellate counsel. Cl Lavine would like feedback on her statement . Cl Solomon said he can 't give her an answer tonight. Cl Leifer suggested the board review it and have a week to add ideas. Cl Stelick has not yet seen it. D Kwasnowski suggested they could talk to the attorney in the Frew Run case . Agenda items for next week will include: Public Hearing - Dog Law Amendment Public Hearing - Sewer Rent Law Amendment Continuation of Public Hearing on Critical Environmental Areas • Approval of Minutes Dryden Youth Commission Appointments DPW Assistant Superintendent position CDBG lien matter Highway/ DPW Equipment Purchase Authorization of Expenditure from Highway Equipment Reserve Just:ice salary correction Supv Sumner will decide by Friday whether there is funding for Cl Lavine to attend the Association of Towns Conference . Cl Lavine would like to talk about litigation at every meeting. This will continue to be on the agenda under unfinished business . Cl Lavine would like the discussion of criteria for choosing appellate representation to continue next week. Strategy related to the case itself should be done in executive session . RESOLUTION #28 (2012) - APPROVE ABSTRACT # 13 AND ABSTRACT # 1 Cl Leifer offered the following resolution and asked for its adoption : RESOLVED , that this Town Board hereby approves Abstract # 13 , as audited , vouchers # 1222 through # 1292 , totaling $ l 00 , 062 . 53 , and Abstract # 1 , as audited , vouchers # 1 through 31 , totaling $307 , 619 . 94 . 2nd Cl Solomon • Roll Call Vote Cl Solomon Yes Page 3of5 TB 1 - 11 - 12 Supv Sumner Yes Cl Lavine Yes CI heifer Yes Supv Sumner said she has two vouchers that did not make it into the abstract that she would like to approve . One is for reimbursement of a medical expense , $695 . 00, and the other is the vouchers for payment to the Town Attorney ($7 , 740 . 00) . She would like these approved tonight so that they can be paid . RESOLUTION #29 (2012) - APPROVE PAYMENTS OUTSIDE OF ABSTRACTS Cl Solomon offered the following resolution and asked for its adoption : RESOLVED , that this Town Board hereby approves a voucher for reimbursement to an employee for medical expenses (as agreed for 2011 expenses no longer covered by insurance) in the amount of $695 . 00 to be added to Abstract # 13 , and approves vouchers for payment to the Town Attorney for monthly retainer ($2 , 600 . 00) and additional services ($ 5 , 140 . 00) to be added to Abstract # 1 . 2n" Cl Leifer Roll Call Vote Cl Solomon Yes Supv Sumner Yes Cl Lavine Yes Cl Leifer Yes Supv Sumner reviewed budget modifications with the board and asked for approval . They are necessary to cover increased retirement expense , workers comp charges , vacation payouts , computer service contracts , payroll adjustments and increased postage and printing expenses for tax bills. RESOLUTION #30 (2012) - APPROVE BUDGET MODIFICATIONS Supv Sumner offered the following resolution and asked for its adoption : RESOLVED , that this Town Board hereby approves the following budget modifications : From Acct To Acct Amount DA5142 . 4 DA9010 . 8 $ 6 , 500 . 00 DB5112 . 21 DB9010 . 8 6 , 500 . 00 A1990. 4 A9040 . 8 4 , 141 . 80 138020 . 405 B9040 . 8 601 . 09 B3620 . 402 81430 . 1 1 , 264 . 13 A1680. 455 A1680 . 401 1 , 100 . 00 DA5120 . 1 DA5130 . 1 7 , 900. 00 DA5130 . 2 DA5140 . 1 25 ,000 . 00 DAS 148 . 1 0A9040 . 8 7 , 300 . 00 D1-35112 . 1. DB9040 . 8 7 , 300 . 00 • A 1. 330 . 2 A1330 . 4 500 . 00 2nd Cl Leifer Page 4 of 5 TB 1 - I1 - 12 Roll Call Vote Cl Solomon Yes Supv Sumner Yes Cl Lavine Yes Cl Leifer Yes S upv Sumner said she is still working on budget mods for $ 18 , 000 for the A fund retirement, and a $33 ,000 over budget expenditure in legal expenses. More than half of that is due to zoning ordinance review. She added that sales tax revenue was $262 , 000 more than budgeted . S upv Sumner reported she has received an invitation to the ID Company Deployment Ceremony at the Armory on January 29th . D Kwasnowski provided board members with a sketch plan for the Xtramart by NYSEG . They would like to add a Dunkin Donuts and a drive-through and remove half of the pumps . Because of the monthly meeting date change and plans he had made with the project sponsor based on the old meeting schedule , he asked the board to form a site plan review committee to review this, go on site, and talk with the project sponsor. After discussion , it was decided that Cl Solomon and CI Stelick would serve on the committee . D Kwasnowski will contact Cl Stelick. D Kwasnowski shared with the board the Open Space Gift Evaluation Sheet used by the Conservation Board and said it may help the board in considering the offer of a gift of property at the corner of Sunset West . CI Solomon would like input from the Highway Superintendent , who may be able to use the property as a staging area in replacing the culvert next year. D Kwasnowski presented the board with information on a solar lease that allows a municipality to lease solar equipment at a very reasonable rate . He said the County and the Town of Ulysses have signed on and asked the board to consider this . The lease program makes it a much more worthwhile arrangement for municipalities . As he understands it , the municipality pays $ 125 per month for 15 years, and the savings in energy bills makes it very worthwhile. He will gather other information and share it prior to next week 's board meeting. Supv Sumner will put it on the agenda for next week. B Avery reported that a number of Town Clerks would like to participate with the County in a cooperative grant application for a project that would allow towns to use the County 's records management system to store and / or share data. The project will begin with the minutes of each participating town . The Town Supervisor will need to sign a document to be included with the grant application . This matter will be on next week's agenda. There being no further business, on motion made , seconded and unanimously carried , the meeting was adjourned at 9 : 40 p. m . Respectfully submitted , GCJ Bambi L. Avery Town Clerk .11) Page 5of5 < < 1 I ) Dryden Town Board Meeting ��� �i j Dryden Town Hall �` '° a-�'�•• _ a, 1� ' ' D R yo,..�l ��r�.� �r�F�v 93 East Main Street ,� ovvr� ,ti• Wednesday , January 11 , 2012 — 7 : 30 PM 1 . Call Meeting to Order 2 . Roll Call 3 . Discussion Items a. Building hours b . Building Use Policy and building safety c . Unsafe structure on Irish Settlement Road d . Legal Services e . 4 . Proposed January 18 , 2012 Agenda Items ® a . Public Hearing : Dog Law amendment b. Public Hearing (continuation) : Critical Environmental Areas c . Approve 12/ 14 and 12/21 minutes d. DYC appointment : Shelby Murphy e . DPW Assistant Superintendant II Burger Lien g . DPW Equipment Purchase h . Authorizing expenditure from Highway Equipment Reserve 5 . Abstract approval The Next Town Board Meeting will be • Wednesday January 18 , 2012 at 7 : 00 The Next Abstract and Agenda Meeting will be Thdrsda ., . Feb'ru ry ` 9 , 2012 at 7 : 30 ( note date change ) •