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HomeMy WebLinkAbout1998-04-14TB 4 -14 -98 • TOWN OF DRYDEN REGULAR TOWN BOARD MEETING APRIL 14, 1998 Supervisor Schug called the meeting to order at 7:30 p.m Members and guests participated in a moment of silent meditation followed by the Pledge of Allegiance. Roll call attendance was made by Town Clerk Bambi L. Hollenbeck: Present: Supv. James Schug Cl Ronald Beck Cl Charles Hatfield Cl Deb Grantham Attorney Perkins APPROVAL OF MINUTES Absent: Cl Thomas Hatfield (arrived at 8:05 pm) Upon motion by Cl C Hatfield and seconded by Cl R Beck, the minutes of the meetings of January 5, 1998, March 10, 1998, and March 17, 1998, were Unanimously approved. CITIZENS PRIVILEGE OF THE FLOOR Ernest Newbury distributed a letter to the Board members while Supv Schug explained 10 that Mr. Newbury has a HUD loan for rehabilitation work on his home. He has gone to a lending company and is refinancing his home. The Town of Dryden has been in first position evidently on the mortgage and the lending company is asking us to take second position on the mortgage. The Town has asked lending institution to lend Mr. Newbury enough money to pay the Town off, but apparently the lending company feels there is not enough equity in the home. There is a possibility of HUD turning the loan into a grant. Mr. Newbury - They are a foster care home, and remortgaged the property in order to expand the home and be able to accept more children. The contractor did a very poor job and it was necessary to expend more money in order to fix it properly. Mr. & Mrs. Newbury understood when they got the loan that it would need to be paid back if the property was sold. They are borrowing money in order to pay off bills, but will not be able to pay off the HUD loan also. They are losing some income in the near future because of their handicapped son's age. They are willing to work with the Town in order to keep their home and not have to move. Supv Schug - We need to protect the Town's interest. We will do what we can to help out, but would like to avoid the Town taking second position as mortgagee. We will be in touch with you as soon as we can. We need to discuss it with our attorney and with HUD. Maybe your income has dropped to the point where they can turn it into a grant. Supv Schug - Bill and John Bailey called. They don't have the figures on the insurance tonight and requested to attend the May Board Meeting. The policies are due in June. Inquired of Cl C Hatfield if the committee was considering rebidding the insurance and was informed that they had done it a few years ago and would probably not this year. Supv Schug asked Atty Perkins to inform the audience regarding the outside user request _ on Baker Hill Road from Viesia Hillman and Richard Wawak. Wr Page 1 of 19 tab i TB 4 -14 -98 Atty Perkins - They are adjacent to the Turkey Hill Water District and Turkey Hill Sewer District and are proposing to build at 19 Baker Hill Road and have requested permission to connect to the Water and Sewer Districts as outside users. I have computed what their projected is annual contracts amount in lieu of a benefit assessment would be and what their connection charges would be. Connection charges are in addition to any Bolton Point charges or other charges. They are kind of a buy -in to the district because the district has been paying debt and it's a one time charge. I have given those people and the board those figures. Its up to the Board to authorize in each particular instance the agreement between the Water District and the Sewer District and the outside users. Supv Schug - confirmed with D. Putnam that this property was not so far up Baker Hill that they would need a pump in order to get proper pressure and that the proposed outside users understood that they pay for total installation. Atty Perkins - Under the agreement with the town Hillman and Wawak will be responsible for all of the Town's expenses: attorneys fees, engineering fees, installation of the connections to the district lines according to Town specifications and pay a one time connection charge, which is a buy -in for each district which goes to reduce other district operating expenses, and they will have an annual fee that they will have to pay. They pay the same rate for the water and sewer charges, but pay a slightly higher annual benefit assessment because they are outside users. Supv Schug - This has to be done under our engineering specs. They have to supply David Putnam with drawings, put a fire plug in probably. It doesn't cost the town anything and helps the districts by putting more people in them. RESOLUTION #93 AppROVE OUT OF DISTRICT USER C HILL SEWER TURKEY DISTRICT HIL WATER DISTRICT AND TURKEY Cl R Beck offered the following resolution and asked for its adoption: RESOLVED, that the Town Attorney prepare anout -of- district user contract between aker Town of Dryden and vie sia Hillman and Richard ve water and sewer dse es from the Turkey Hill water Hill Road in the Town of Dryden may receive District and Turkey Hill Sewer District. 2nd by Cl C Hatfield Roll Call Vote: Cl R Beck Yes Cl C Hatfield Yes Cl D Grantham Yes Supv Schug pointed out fire exits to audience. John Tottey, 292 Beam. Hill Road - I'd like to know when the TOE is going to Quit wastuzg fighting Highway Department employees with a lawyer. The Administrative Law Judge money filth g write down a decision in the Union's favor and every dollar has already said that she's going to one that could be spent somewhere else, on youth services, or well you spend on this lawyer spent somewhere else. ed, John. we didn't get that message from the attorney that Supv Schug - I'm surpris everything was done. John Tottey - Everything isn't done. She has stated that she is going to write a decision that favors the Union. Page 2 of 19 TB 4 -14 -98 Supv Schug - Who did she tell this to? John Tottey To Joseph Steflik, the Town's lawyer, and the business agent of the Teamsters. I was present during the phone conference that happened April 6 last week, and if the Town's lawyer hasn't told you that, then I think he's not keeping you well informed. Supv Schug - Needless to say, I'll have to ask him if that's the case. Cl D Grantham - We don't have anything from him for that phone conversation? Supv Schug - Yes, but its not something you talk about at a public meeting. John Tottey - It's just a big waste of money. Supv Schug - Well, the articles in the paper and so forth, I don't want to get into it here, but a public employees union is a whole lot different that an industrial union. And as a result, I have no experience with them and neither does anyone else on the Board. That's why we went and got some outside help. John Tottey - The workers had the right for a union. They went through the process and they have the majority and that's all the State requires, the State of New York under New State Taylor Law. The Town was given the opportunity to voluntarily recognize the Union as the bargaining agent instead of spending a lot of money on a lawyer. The Town of Caroline when they unionized, they went third party card check and that was it. That's a process where a list of employees is submitted, a list of people who want to unionize is submitted, and if there is a simple majority then the simple majority rules. That's the law. • Supv Schug - Did everybody in the Highway and DPW have a vote? John Tottey - They had an opportunity to come to a meeting and at the meeting you don't stand up and vote, signing an authorization card is your vote yes and not signing is your vote no. Everybody's had the opportunity. There was a sign posted right there at the time clock at the Town Highway Department. It simply stated anybody interested in joining the Teamsters and where the meeting was going to be and give them the opportunity. I don't know what else to do but send a certified letter to everybody but that's not necessary if there's going to be a meeting. Cl R Beck - The only thing I'd like to say is that I'm not aware that we hired a lawyer to fight anything. All we did was get a representative to advise us of the procedure and how this was to come down. We all recognize that there's a right to join a union and its my impression that we're not fighting anything and we're just doing the procedure by the book. If I've been misled, then that's the case, but I didn't realize that we were fighting anything and I really hate the press that comes out and says the Town is fighting all these things, because we've never had an opportunity to say yes or no on it. John Tottey - You have an opportunity tonight. Cl R Beck - No we don't because that isn't the way the procedure works and that's why we hired a professional so we'll do it right. I think that this information that we've hired a lawyer to fight the right to organize is pretty misleading. John Tottey - I don't, and that's my opinion, Ron. Cl R Beck - And you have mine. • Supv Schug - Any one else have anything to say? Page 3 of 19 TB 4 -14 -98 Dan Seewald, Yellow Barn Road - Inquired about the Yellow Barn Drainage District. Was informed it would be discussed later. Marshall Taylor, 61 Turkey Hill Road - Presented a formal request from the chairman of the Varna Community Association for assistance from the Town for the entrance and parking facilities of the Association. Supv Schug - Advised Mr. Taylor the Board would review the request and get back to the Association with a response. (Cl T Hatfield arrived) Dawn Potter, 922 Dryden Road - Presented a Petition signed by 132 Dryden residents in opposition to the proposed school road. Supv Schug - Feels the petition is premature. The Town Board hasn't spent any money. Its something that was taken into consideration over a year ago and has been talked about off and on. We have one estimate from the County engineer, but no firm facts and figures. Feels this needs to be fully investigated and when we have all the facts the Board will listen and do what's proper. I don't believe the Town wants to spend a lot of money on something the people don't want done. Apologized for not being at the previous meeting. Dawn Potter - asked that the petition be taken into consideration. Supv Schug - As long as the people who signed the petition have all the information. I don't know how they have all information, because I don't have it and neither does the rest of the Board. I'm at a loss. Sure, we'll take all the names into consideration. There's nothing to say that when push comes to shove it might be a referendum on a ballot where everybody will have a chance to vote on it. Dawn Potter - Isn't this a school issue, and how did it come into the hands of the Town in the first place? It seems to me that this should be a school issue and not a Town issue. Supv Schug - The reason that it even came up, and we talked about it probably two or three years ago, is - you read the article Don just had in the two local papers. You'll notice in there that he said that we talked about doing a lot of collaborative things to save taxpayer's money. The taxpayers are paying not only for the school, they're paying the Town tax. As a result, whatever we can do at the school side or the Town side to consolidate services and save money, we should. The Town actually physically owns very little property. Therefore the Town has no real place to put soccer fields, football fields, etc. What the proposal was in school was that one side of the road would be saved for a grammar school down the road and the other side would be used for the public - recreation fields, baseball fields, soccer, whatever. We have a lot of kids who use the facilities, run by a bunch of volunteers which doesn't cost the Town a dime, but they don't have a lot of places where they can go. That was a consideration. We've also talked to the school about consolidating some of our work from our highway garage. The School had a problem with their fuel tanks. The Village already uses our fuel tanks, the Village of Freeville is going to start using them and the high school was going to start using them. But they've found they can keep their tanks. So those are the kinds of things we talked about with the school. Dawn Potter - the comments she hears from teachers at the high school just recently is that this is the new entrance to the high school. I think there is a mixed communication. Page 4 of 19 TB 4 -14 -98 • Supv Schug - If there was a road there it would be another entrance to the high school, that's for sure. There's only once entrance to the high school now off Route 38 and that is a problem. Dawn Potter - Other schools have stop signs, traffic signs, and there's other things we can do besides put a new road in. Supv Schug - We have worked with the school, and matter of fact, the blinking lights that are on Route 38, the only way those could be put up was by working with the Town. The Town requested them from the State and we did the same thing for George Junior Republic. The school paid for those, as did the Republic, all we did was the paper work, but we had to get permission from the State to put them in. And the speed limit was lowered to help. Supv Schug - Anybody else have anything? Paul Jennette, 361 Beam Hill Road - Inquired where the Ottenschott (gravel operation in Varna) matter stood in terms of the State Environment Quality Review Act and the review process that has to go on for the granting of a special permit. Where do we stand in the SEQR process? Supv Schug - He hasn't applied. We made a slight error and in the minutes we said that the hearing was closed. The hearing wasn't closed and we adjust that tonight. We asked Mr. Ottenschott for several pieces of information. We asked that the information be to us at least two weeks before the board meeting. Mr. Ottenschott hasn't done anything. We will inform him that the meeting is still open, he doesn't have to pay for another hearing or permit. Paul Jennette - Feels sorry for the people in Varna, says that the site is a disgrace. Encouraged the Board to look negatively at any application for a permit to do anything except clean up the place and close it. Supv Schug - We have taken Mr.Ottenschott to Court. Atty Perkins - It's to be tried in June. Paul Jennette - What is the Town's case against Mr. Ottenschott? Atty Perkins - It's the Town's action for an injunction to enjoin the use of the property. Paul Jennette - Thanks. Geoff Potter, 922 Dryden Road - Requested that if Ottenschott's special permit is granted that Mr. Ottenschott power wash the neighborhood houses in the Fall and in Spring. Michael Lane - asked that the Board note in its minutes the recent death of Leona Cotterill. Mrs. Cotterill was a long time resident of the community and most recently made a major gift of the bicentennial fountain which was a significant springboard for the Town's wonderful bicentennial celebration. Supv Schug - commented on Mr. Lane's trip with Mrs. Cotterill to Alabama with respect to obtaining the fountain and acknowledged that "she was a great lady ". COUNTY BRIEFING Michael Lane - Distributed copies to Board members of draft of County's current 5 -year is bridge plan. Ferguson Road Bridge is under construction as well as repairs on the George Road Bridge. Red Mill Road Bridge and Lake Road Bridge are scheduled for 1999. The County's Page 5 of 19 TB 4 -14 -98 Intermunicipal Cable Commission met last week to review the consultant's contract that they are recommending all municipalities join on with the City of Ithaca. Four municipalities have passed resolutions, Freeville is about to join and the Town of Ithaca, and the Village of Freeville is looking favorably on it. Many municipalities are in that process and we hope the Town considers it as well. The contract addresses rights of way ordinances, the idea of some generic program requirements on basic tier, looking at alternative models of access in the county. Could we have access for Dryden originate in Dryden, for example, rather than from Ithaca. Clarification of the issue of franchise fees, are they taxes or fees - our position is they are not taxes, but fees, and should not be appearing on the cable bills as tax. Converter boxes are an issue, many people find them troublesome, particularly the elderly. We want to look at rules for line extensions including, but not limited to, underground installation, particularly for new subdivisions. In the past the cable company has been less than cooperative here. Reviewing whether or not there should be telecommunication ordinances for the municipalities. Supv Schug - Is our agreement with the cable company going to allow the telephone companies to compete with the cable company? Michael Lane - Yes, the franchises are not exclusive. That means that any other cable company or licensed provider can come in. The telephone companies are with the Public Service Commission and that's why we've been looking at the rights -of -way ordinances to see whether or not we have any opportunity to have any input. They aren't under the same control as the cable company. There are the two dumps out by the airport that Cornell has. One is the radiation disposal site and the other is the chemical site, and both of those are proceeding at a little different pace in the site remediation process. Currently the chemical disposal is a little ahead of the other. We're quite concerned because there does seem to be a plume coming from the chemical site heading toward the airport , very slowly and not at levels that are signficantly dangerous, but something well watch very carefully. 0 We are working on having an inter- county meeting to talk about the sales tax issue and whether or not we should eliminate it on clothing and shoes for 1999 when the state is eliminating its 4% share. We'd like to come to a joint way of looking at it with adjacent counties. It will be hard because we have counties which are adjacent to Pennsylvania. We may also suggest passing resolutions asking the State to replace this lost revenue to us. They should consider this because they have access to the broad base of income tax and we don't. We can only replace the lost revenue by cuts in the budget or raising real property taxes. Charles Evans - Will be going to Owego and Binghamton at the invitation of Time Warner to look at their educational system that they have among the public schools in that area. However, there's a major difference in that area - that fiber belongs to BOCES. The Board of Health today passed a resolution to pass a local law banning cigarette machines in Tompkins County with the exception of bars and restaurants, with the provision that they can be banned in restaurants if they are in a position where they cannot be supervised. That will come to the Health and Human Services Committee and probably be completed by the County Board in May. If the County passes it, it will require the removal of those machines in September. They did a survey and found that 53% of the businesses selling cigarettes were still selling them out of vending machines. It is a serious flaw that allows children to buy cigarettes. It will also require that cigarettes not be put on display in public areas of stores, but kept behind the counter, so that they cannot be shoplifting. COUNCIL PRIVILEGE OF THE FLOOR Page 6 of 19 TB 4 -14 -98 • Cl C Hatfield nominated Martin Christofferson to Planning Board and gave synopsis of his resume. Cl D Granthm nominated Lynn Griffin to Planning Board explaining that she has been interested for some time (received no 2nd). RESOLUTION #94 - APPOINTMENT OF MARTIN CHRISTOFFERSON TO TOWN PLANNING BOARD RESOLVED, that Martin Christofferson is hereby appointed to serve as a member of the Town of Dryden Planning Board. 2nd - Cl R Beck Roll Call Vote - Cl R Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl D Grantham No Cl D Grantham - With respect to the school safety program - its in the hands of Tara Jenne in the school system. Cl Grantham has left messages for Mrs. Jenne and has not heard back from her. They are out on school break this week, perhaps we'll hear from her next week. As you know, I am also very concerned about the Dryden School road project. I'm concerned because I think that if the issue is collaboration with the school district or if the issue is recreational facilities for the Town then we need to address those directly. I would like to just say no to this project tonight and consider what kind of studies we need to do to determine what kind of recreational needs there are in Town. We have a master plan that needs revision and . updating and re- approval and I think this is a good time to do that and include some studies such as those. RESOLUTION #95 - CEASE ANY FURTHER ACTION WITH RESPECT TO THE PROPOSED ROAD FOR DRYDEN CENTRAL SCHOOL Cl Grantham offered the following resolution and asked for its approval: RESOLVED, that this Town Board not take any further action with respect to building an access road for Dryden Central School. 2nd - Cl R Beck Discussion follows: Cl R Beck - agrees with Cl Grantham except for the resolution not to support it. Why do we need a negative resolution if we're going to go ahead with a study and get the information that we need to make a decision. Cl D Grantham - I would like the decision not to be about a school road when we do the study, I'd like the decision to be about how if we need to enhance recreational facilities in the Town, how do we go about doing that. I think that looking at one small access road that costs a lot of money is not the way to do it. It's a very expensive way, and I don't think its an appropriate collaboration. Cl R Beck - I guess my view is that since dollar one has not been appropriated and won't be until at least I have the facts, I'm not in favor of a negative resolution. If we want to call it • something different and look at the issues, that's great. We don't need to call it the Dryden School Road anymore, but to come up with a negative resolution to me says "alright we're not Page 7 of 19 TB 4 -14 -98 going to discuss that anymore ". If in fact that does happen, I don't think its even appropriate to bring it up again until we reverse the resolution. My thought would be to get the facts we need and go forward, but I would not be in favor of a negative resolution. Cl T Hatfield - Nor am I in favor of a negative resolution. The whole concept of killing something before it even gets to the point where it can be discussed is preposterous. We haven't had the opportunity to ask any questions, we haven't had the opportunity to have the studies that need to be done. There is no one on this Board that can state what this project is going to cost the Town, if anything. There has been very, very brief amount of discussion and a lot of emotional heat generated over something that so far hasn't seen the light of day. I really object to the way this has been handled and I find it absolutely incredible that this Town wants to conduct business on an emotional level. It should be done with facts, it should be done with planning and with all of those access issues dealt with and that has not happened yet. Cl D Grantham - If you'll recall, last September I asked that no decisions be made on this until we had some more information about the cost and some input from the public on what their views are. you? Cl T Hatfield - I don't hear anyone disagreeing with you on getting that information, do Cl D Grantham - Well that was last September. Cl T Hatfield - I think the next time it got discussed at all was about ten minutes in January and this is the next time its had any opportunity for discussion and I believe it needs study. I think we ought to ask the Town Engineer to review the County Engineering prospects and there's a lot of other things that need to be brought to this table for us to look at, but its not going to be done in an environment where you've got nothing but heat and lightening. It doesn't work that way. You've got a lot of people very emotionally upset and why? There is not anyone with an informed opinion here yet. Cl D Grantham - Well I think that's part of what people are upset about, is that we were talking about making this decision last September without any of that information. Supv Schug - I don't believe we were asked that. Cl T Hatfield - I don't believe we were ever asked that. Cl D Grantham - Well it was brought to us and you said do you want to go ahead with it and I said I wanted to get public input and get some more information about costs. Cl T Hatfield - Well that is a long ways from the resolution proposed and I for one am against it. Cl C Hatfield - I myself think we need more information before we vote yes or no. I think we ought to study facts and get the knowledge we need to make a decision - if there is funds available or if its legal or whatever. All we know is that its gotten a lot of publicity in the paper and a lot of facts that aren't correct and that bothers me. Roll Call Vote - Cl R Beck No Cl T Hatfield No Cl C Hatfield No Cl D Grantham Yes Page 8 of 19 TB 4 -14 -98 • Cl D Grantham - Members of the Community have asked that a special board meeting be held at the Varna Community Association to be more accessible to the larger community and we agreed that we would try to set a meeting in the Varna Community Association. Supv Schug - requested that an agenda be put together and Dawn Potter agreed to do that. Ellis Hollow residents have also requested a meeting with the Town Board members. It was decided to have the meeting in Varna and invite the Ellis Hollow Community members. The meeting will be May 7, at 7:00 p.m. at the Varna Comunity Association. This will be an informal meeting with the Town Board and anybody who would like to come, and we will probably not take any action or bring anything to a vote. Cl D Grantham - stated one of the general issues that people have suggested be discussed at that meeting is highway project prioritizing, how are priorities in Dryden set. They would like to talk with Randy Riker or Don Gilbert about that. Supv Schug - We do it under the law. There are rules and regulations. One of the things we are going to have is a new software program for our computer in order to maintain accurate history records for road work, drainage work, etc. Its a digitized program so we can put pictures into it. Cl D Grantham - The highway chain of command is another thing people have inquired about. Dawn Potter - expressed concern again about not being able to reach Don Gilbert at Christmas time. (She was informed that it was indeed appropriate to call him at home.) Christine Guest - stated she had tried to contact the Highway Department when she . • wanted to do a story about the signs on Pinckney Road (each end having a sign with a different spelling) and her calls were not returned. The signs have been corrected. Paul Jennette - stated the concerns at the last meeting were more with him being elected and collecting a salary and not being at work for an extended period of time. Supv Schug - offered a copy of the law that covers elected officials. Cl D Grantham - I still think that the highway chain of command should probably be on that agenda because other people have talked to me about not being able to reach someone in the highway department, and also because the brush cutting concerns in Ellis Hollow will be on this agenda. Supv Schug - Just so you know, the highway chain of command is: The Highway Superintendent, his deputy, myself and Cl C. Hatfield. Don has been in this week, and the highway guys are good, they do their job. They have a schedule and they go do their work. ATTORNEY Yellow Barn Drainage Atty Perkins - You will recall that the town adopted a resolution on March 10 appropriating a sum of money to pay for a map, plan and report. That Resolution had to be adopted subject to a permissive referendum and it was. Notice of that adoption was given by posting on the Town sign board and by publishing the Notice in the papers. I am advised by the Town Clerk tonight that the time has expired for anyone to file a petition so the resolution is effective. The Town therefore has the authority to contract for engineering services in an amount not to exceed $7,350.00 for the preparation of a map, plan and report. Page 9 of 19 TB 4 -14 -98 Supv Schug - the reason for that is so that we'll have the numbers and figures and everybody included, and they'll have an opportunity to vote. If this becomes a district, the $7,350 is paid back by the district. Dan Seewald - expressed his appreciation to the Town for proceeding this with. RESOLUTION #96 - AUTHORIZE EXPENDITURE FOR MAP, PLAN AND REPORT FOR YELLOW BARN DRAINAGE DISTRICT Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board authorized the expenditure of the sum of $7,350.00 for a map, plan and report in connection with the possible formation of the Yellow Barn Drainage District, 2nd Cl C Hatfield Roll Call Vote - Cl R Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl D Grantham Yes Time Warner Atty Perkins - The Real Property Tax Law provides that the franchise holder may take a credit against the franchise fee that it has to pay, the fee being a percentage of the gross revenues. They may take a credit for the amount of the real property tax that they pay the town. Time Warner and its predeceasors have not taken this credit prior to 1997. Therefore when they claimed the credit in 1997 it came as a surprise to everyone and caused this issue to be examined. After looking at the 1966 franchise and the 1984 franchise and in speaking with the counsel at the Public Service Commission we came to the conclusion that we don't know why Time Warner hadn't claimed the credit, but they have claimed it now and are entitled to it. The good news is they can't go back and claim it for years past, so we had kind of a windfall for a number of years. Clearly this is an issue which should be added to those which Mike Lane identified earlier and should be addressed in the new negotiated franchise. They are entitled to claim it by law, but it is not against public policy for them not to claim it. The franchise does contain a limit on how much they may claim as a credit. I've done the computation and they still have not reached the limit on the amount that they can claim. In 1998 it amounted to $2,151 and change. The good news is you had a windfall for a few years. Telecommunication Towers Atty Perkins - I previously distributed to the Board a Local Law having to do with the siting of telecommunication towers and related facilities. This Local Law is based upon a suggested format which came from experts retained by the Town. This is the 5th draft I have reviewed. It sets forth the procedures for the siting of telecommunication towers and related facilities within the Town. You should note that this will be a Local Law and although the permit the applicant will obtain is a special permit, they do not need to obtain another special permit under the zoning ordinance. Keep in mind that all of the regulation of the siting of telecommunication towers will be governed by this, so you won't have an opportunity to say no to the location. This Local Law strongly encourages co- location and location on existing towers and other facilities. This is a complex subject, its a very lengthy Local Law, 19 pages not counting the index. ZO Slater and Supv Schug have indicated their preference for this. Page 10 of 19 TB 4 -14 -98 • The other document which you have received would be an amendment to the Zoning Ordinance. I've received no comments indicating towers should be restricted to a particular location. Keep in mind that under case law in New York and under the Telecommunications Act of 1996 these are public utilities, much like telephone poles. Accordingly, I thought it would be appropriate to clarify under the Zoning Ordinance where such facilities are allowed. Keep in mind{that some of the restrictions on the placement of these towers set forth in the Local Law by their.own nature restrict where they can be placed. It will be difficult to construct a tower in a populated area. The time frame that the Board committed to in March is to have these documents introduced and available for the public and to set a public hearing for April 28. After discussion, it was decided to have a Public Hearing on the Zoning Ordinance on May 4 at 7:00 p.m. followed by a meeting with the representatives of Time Warner, Supv Schug - To clarify, this cell tower siting law is set up so that it doesn't cost the Town anything. The cost of putting up the tower, siting the tower, maintaining the tower, and putting up a bond for its destruction is on the applicant, which is non - transferrable unless the Board allows it to be transferred. This insures things are taken care of at no expense to the Town. RESOLUTION #97 - LOCAL LAW #2 OF 1998 A LOCAL LAW REGULATING TELECOMMUNICATION TOWERS Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board accept the draft of Local Law #2 of 1998 as presented and set a public hearing with respect to said Local Law for May 4, 1998, at 7:00 p.m. at the Town • Hall, 65 East Main Street, Dryden, New York. 2nd Cl D Grantham Roll Call Vote - Cl R Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl D Grantham Yes RESOLUTION #98 - SET PUBLIC HEARING FOR ADDITION TO TOWN OF DRYDEN ZONING ORDINANCE Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board introduce for the purpose of Public Hearing on May 4, 1998, at the Town Hall, 65 East Main Street, Dryden, Subsection 5 of Section 500 of the Town of Dryden Zoning Ordinance as presented. 2nd Cl C Hatfield Roll Call Vote - Cl R Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl D Grantham Yes Atty Perkins - Ottenschott is schedule for trial the first or second week in June. I have not heard from Roger Hatfield that he has a permit or from Laura Hathaway. I gave them, pursuant to your direction, until April 1 to move it. She informed me that they had made an • application to move it to Harford, but Harford was without a Code Enforcement Officer at the present time, and requested some extra time. The Board had previously authorized Page 11 of 19 TB 4 -14 -98 commencement of suit if compliance was not had. The date has passed and Atty Perkins asked • for direction from the Board. It was decided to give them some more time. Pinckney Road For the larger study it would be $4,000 for sewer and $5,000 for water. Expenditure would be subject to permissive referendum. This would be the side of the creek including the Hall Road area that's not currently served, Seneca Supply, Marchell, the green house, not the east side of Pinckney Road. Supv Schug would like to see the west side of Pinckney Road included. The suggestion for the study is spurred by the needs of a new company locating in the Hall Road area, bring about 25 new jobs. This will include only commercial properties at this time, residential properties can be added later. TOWN CLERK Informed the Board that an error was made in the minutes of the Ottenschott public hearing held on February 10, 1998, in that the minutes reflect that the hearing was closed when in fact it was adjourned and requested a resolution to amend those minutes. RESOLUTION #99 - AMEND MINUTES OF FEBRUARY 10, 1998 PUBLIC HEARING Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that the minutes of the Public Hearing held February 10, 1998, regarding Martin Ottenschott are hereby amended to reflect that the meeting was adjourned instead of closed. 2nd Cl C Hatfield • Roll Call Vote Cl R Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl D Grantham Yes Supv Schug instructed the Clerk to forward a certified copy of this resolution to Mr. Ottenschott and to his attorney. ENGINEERING D. Putnam has provided information with respect to future water consumption needs from Bolton Point. There is concern about with what may happen if Bolton Point contracts with the City of Ithaca for water. Their dam is full of silt and they have had trouble with their water plant. ZONING OFFICER ZO Slater - presented his monthly report, a copy of which is filed in the Town Clerk's Office. He noted the addition of subdivisions and zoning board decisions to his report. We have negotiated a contract which the Village that is reasonably sensible. Supv. Schug - The term is for one year, it can be cancelled within six months in writing (30 days notice). It will probably take a year or two to get everything figured out so that the Village gets a decent service and we get paid for Henry and Kevin's time. Page 12 of 19 TB 4 -14 -98 • Atty Perkins - There are two things which are of some concern to me. One is the requirement that our CEO is acting as a consultant to the Village Site Plan Review Board for Site Plan Reviews. Keep in mind this is not an agreement between the Village and Henry, but the Village and the Town. It seems to me that it's awfully open- ended. That same function is repeated under responsibility of the Zoning Officer - that they will act as a consultant to the Village Site Plan Review Board for Site Plan Reviews. I don't know what that means. It seems to me that could mean a lot of time and perhaps a lot of additional expense. I'd like that spelled out. The other thing that is not clear to me is under the paragraph labeled "Technical Assistance ". It says the Town shall provide technical assistance in connection with the issuances of orders to remedy any condition found to exist in, on or about any buildings ". I'm not sure what's contemplated by that. ZO Slater - And that the Town Engineer is not their Engineer. Atty Perkins - And it should be clear that the Town will have no responsibility for their codes or local laws as far as any prosecution. That would be their attorney's responsibility. Cl Grantham - There is no limit on the hours. Supv Schug - That's part of the reason for doing it for a year at a fined rate. I would prefer to do it by each individual process. Because there was no history to go by, we couldn't do that. This is the best alternative and we can get out of it if we have to. RESOLUTION #100 - AUTHORIZE SUPERVISOR TO SIGN AGREEMENT WITH VILLAGE OF DRYDEN FOR CODE ENFORCEMENT Cl T Hatfield offered the following resolution and asked for its adoption: • RESOLVED, that the Supervisor is hereby authorized to sign an Agreement with the Village of Dryden to provide Code Enforcement services, after such Agreement has been revised and approved by the Town Attorney. 2nd Cl D Grantham Roll Call Vote Cl R Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl D Grantham Yes ZO Slater - reported that he had visited a government class at the Dryden High School and that went very well. The Loeven Barn is all but finished. The burned house on Snyder Hill Road has been closed up. I received a call from Mr. Ottenschott's attorney. I advised her that we need their material by April 24 in order to be on the May agenda. DEPARTMENT OF PUBLIC WORKS The DPW would like to repair or replace the roof on the Town Highway Barn. Cl C Hatfield - Ron and I checked on that and went up on the roof. My perspective of the roof is that it looks real good, but it leaks. Ron and I thought perhaps we should coat it before we put a new roof on. Cl R Beck - We'd sure try it before we spent money to put a new roof on it, but its pretty • shallow, not much pitch. The new end looks good, but apparently it gets under the seams. We Page 13 of 19 TB 4 -14 -98 discussed with Larry the possibility of coating it. Perhaps we should get prices on what their proposal is and include estimates on coating materials. RESOLUTION # 101 - AUTHORIZE DPW TO OBTAIN ESTIMATES FOR ROOF REPAIR AND /OR REPLACEMENT Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that the Department of Public Works obtain estimates to repair and /or replace the roof of the Town Highway barn and include a variety of alternative means of accomplishing such repair and /or replacement. 2nd Cl C Hatfield Roll Call Vote Cl R Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl D Grantham Yes HIGHWAY DEPARTMENT RESOLUTION # 102 - AUTHORIZE HIGHWAY SUPERINTENDENT TO ATTEND HIGHWAY SCHOOL Cl R Beck offered the following resolution and asked for its adoption: RESOLVED, that the Highway Superintendent is hereby authorized to attend a highway school from June 6 to June 10, 1998, and the Town of Dryden will pay the $65.00 fee in connection therewith. 2nd Cl T Hatfield Roll Call Vote Cl R Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl D Grantham Yes RESOLUTION # 103 - AUTHORIZE HIGHWAY SUPERINTENDENT TO ATTEND HIGHWAY SUPERINTENDENTS SEMINAR Cl R Beck offered the following resolution and asked for its adoption: RESOLVED, that the Highway Superintendent is hereby authorized to attend the Highway Superintendents Seminar on duties and responsibilities on April 22, 1998, and the Town of Dryden will pay the $30.00 registration fee in connection therewith. 2nd Cl T Hatfield Roll Call Vote Cl R Beck Cl T Hatfield C1 C Hatfield Cl D Grantham Yes Yes Yes Yes Page 14 of 19 TB 4 -14 -98 • Supv Schug explained that the Highway Department would like to obtain bids for the concrete pipe to be used on Hile School Road. RESOLUTION # 104 - AUTHORIZE HIGHWAY DEPARTMENT TO OBTAIN BIDS FOR CONCETE PIPE FOR HILE SCHOOL ROAD Cl C Hatfield offered the following resolution and asked for its adoption: RESOLVED, that the Highway Department is hereby authorized to obtain bids for concrete pipe to be used at Hile School Road, 2nd Cl D Grantham Roll Call Vote Cl R Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl D Grantham Yes Supv Schug advised that with respect to the permit to do the Hile School Road work, it will have to be done after July 15, 1998 according to the Department of Environmental Conservation. Supv Schug asked for resolution to re -hire a part time roadside mower operator, D. Hanson, who worked for the Town last year. RESOLUTION # 105 - HIRE PART TIME ROADSIDE MOWER OPERATOR • Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that D. Hanson is hereby hired to serve as a part time roadside mower operator at the rate of $8.30 per hour. 2nd Cl Ronald Beck Roll Call Vote Cl R Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl D Grantham Yes Supv Schug remarked the George Road bridge is coming along well. The decking was removed March 30, 1998, and the County began work April 6, 1998. Work has been commenced on the Ferguson Road bridge. The Town has not yet signed the agreement with respect to the Ferguson Road Bridge, SUPERVISOR Advised board members of State Comptrollers Teleconference through Cooperative Extension to be held May 28, 1998. We have received a request to aid in the reduction of the speed limit on Etna Road to 30 mph with a no passing zone and asked a resolution to be made to that effect and forwarded to the County. Page 15 of 19 TB 4 -14 -98 RESOLUTION # 106 - REDUCTION OF SPEED LIMIT ON ETNA ROAD Cl C Hatfield offered the following resolution and asked for its adoption: RESOLVED, that the Town of Dryden hereby requests that the speed limit on Etna Road in said Town of Dryden be reduced to 30 miles per hour with a no passing zone, and it is further RESOLVED, that a copy of this Resolution be forwarded to the Tompkins County Highway Department. 2nd Cl D Grantham Roll Call Vote Cl R Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl D Grantham Yes Atty Perkins explained that the .Town of Dryden has received a request from Christopher Dilger for a private cemetery at 107 Niemi Road in the Town of Dryden for his father, William Dilger, who is the current owner of the property. The town has in the past entered into agreements with property owners for this purpose. The Town has a cemetery ordinance which restricts the establishment of cemeteries without following certain procedures to guarantee that care of such cemeteries will not become the responsibility of the Town. Previous agreements provide that the site is for burial of one individual only, that the site is a private cemetery and is not at any time to be construed as a public cemetery and in no event will the Town be responsible for it. RESOLUTION # 107 - AUTHORIZATION FOR PRIVATE BURIAL SITE AT 107 NEIMI ROAD After discussion, Cl C Hatfield offered the following resolution and asked for its adoption: RESOLVED, that the Town Attorney is hereby authorized to prepare and offer an agreement for a private burial site to Mr. Dilger and if said agreement is executed by Mr. Dilger, the Town Supervisor is hereby authorized to execute the same. 2nd Cl D Grantham Roll Call Vote Cl R Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl D Grantham Yes Supv Schug distributed information regarding the expenses of the Bicentennial Celebration. Supv Schug read a letter which he proposes to send to the County with respect to the elimination of the County's portion of sales tax on clothing and asked for a resolution to forward the letter. Page 16 of 19 TB 4 -14 -98 0 RESOLUTION #108 - LETTER TO COUNTY REGARDING ELIMINATION OF SALES TAX After discussion, Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that the Supervisor is hereby authorized to forward the letter composed by him regarding the elimination of the County's portion of sales tax on clothing to the County of Tompkins. 2nd Cl D Grantham Roll Call Vote Cl R Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl D Grantham Yes The meeting with the representatives of the Time Warner Cable is schedule for May 4, 1998. Cl C Hatfield will confirm this date with Time Warner. The Joint contract for Cable Consultant Services was discussed and it was decided to not take action with respect to this contract until we have met with Time Warner. With respect to the Freeville -Dryden Trail, Atty Perkins has suggested we obtain permanent easements across the property. Supv Schug has discussed with Mr. VanPelt the possibility of us building a bridge across the creek to allow him access to his land without having to cross Miller's property. Atty Perkins will proceed and keep the board advised of progress. Teeter and Newbury HUD mortgages are a matter for Executive Session. Supv Schug - You have an authorization sales request for bulk water sales agreement with the City. It's a draft. We don't have to do anything with that tonight. We have a request from Judge Clauson for some temporary part time help. You have a. resume from Cynthia Abbey. I would like the board's permission to advertise the position. Diane and Bambi can screen the applicants. It will be strictly part time help as needed, as a floater. RESOLUTION #109 - ADVERTISE FOR PART -TIME TEMPORARY OFFICE HELP After discussion, Cl D Grantham offered the following resolution and asked for its adoption: RESOLVED, the Town of Dryden shall advertise and screen applicants for the position of temporary part time help to be used throughout the Departments of the Town on an as needed. basis. 2nd Cl T Hatfield Roll Call Vote Cl R Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl D Grantham Yes • Supv Schug asked whether we had someone who would like to serve as a representative to the Tompkins County Water Resources Council. Cl D Grantham advised that she had spoken Page 17 of 19 TB 4 -14 -98 with Marshall Taylor about the position. He is interested but wondered if it would cause a conflict of interest as he has developed privately software for water resources and environmental planning for sate to water consultant engineers. He did suggest others who may be interested and will submit a resume for himself. RESOLUTION #110 - APPROVE ABSTRACT # 104 Cl C Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board approve abstract #104 as audited, Voucher 349 through 435, for a total of $108,023.32. 2nd CI T Hatfield Roll Call Vote Cl R Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl D Grantham Yes RESOLUTION # 111 - APPOINT MARY ELLEN BOSSACK TO TOMPKINS COUNTY YOUTH BOARD After discussion, Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board appoint Mary Ellen Bossack to continue to serve on the Tompkins County Youth Board, 2nd Cl C Hatfield Roll Call Vote Cl R Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl D Grantham Yes Copies of financial report and justice reports have been distributed to Board members. Next regular board meeting is scheduled for May 12, 1998, at 7:30 p.m., a Public Hearing is scheduled for May 4, 1998, at 7:00 p.m. regarding the telecommunications towers Local Law and Zoning Ordinance Amendment, and a Special Board Meeting will be held on May 7, 1998, at the Varna Community Association. Marshall Taylor - inquired as to the status of the Local Law regarding adult entertainment. He was advised that the we were having a little trouble with one of the towns in the joint study working as quickly as we would like, and if necessary we will extend the moratorium, but we will try to keep within the time frame. Atty Perkins - stated he has obtained studies done in other municipalities, both nationwide and in New York State. We have a number of samples of different regulations, including those which were upheld by the Court of Appeals this year. One of the Towns who had agreed to share in the study was a little slow getting going, but they're now geared up. In the meantime I have gathered this information. We don't have any adult businesses in the Town of Dryden that we know of so there isn't any real study, so we have to use anecdotal references. The only one we know of close by is in the Town of Groton. That hasn't been there a year yet so there isn't any real study. The only other one we know of in Tompkins County is in Enfield, which Page 18 of 19 TB 4 -14 -98 of course has no zoning or other regulations. We have gathered a number of representative • studies, we have the regulations. Stuart Stein has been good enough to make some inquiries of people in that field who might be willing to coordinate and produce a report for the partnering municipalities. I checked with Stu yesterday and he is still working on it. So, we're moving forward. Adjourned to Executive Session to discuss matters of litigation and personnel at 10:30 p.m. Respectfully submitted, /< '�x1, ��1�GGr - Bambi L. Ho enbeck Town Clerk • Page 19 of 19