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HomeMy WebLinkAbout1998-06-096 -9 -98 TOWN OF DRYDEN PUBLIC HEARING ZONING ORDINANCE AMENDMENT JUNE 99 1998 Supv Schug opened the public hearing at 7:30 p.m. and explained that the amendment to the Zoning Ordinance was necessitated by the adoption of the Local Law regulating telecommunication towers. It will make the public aware and put them on notice that there is a local law with respect to siting of telecommunication towers. No comments were made by the public. The meeting was left open. Supv Schug asked for public comment again at 7:45 p.m. and 8:12 p.m. There were no comments and the public hearing was closed at 8:12 p.m. Page 1 of 5. 6 -9 -98 TOWN OF DRYDEN SPECIAL PERMIT REARM June 9, 1998 PATRICK KENNEDY This Special Permit hearing was opened by Supv Schug at 7:35 p.m. This special permit involves the transfer of an existing business (under special permit), Lake Country Sales, from the previous owner, James Shippey, to Patrick Kennedy. Patrick Kennedy - He purchased the business and real property from Mr. Shippey after having run thebusiness for the previous year and a half. He has made site improvements in an effort to make it a real showplace for manufactured housing. Supv Schug - inquired whether there would be any changes. P Kennedy - The only change is that they would like a complementary business adjacent to the manufactured homes area. They would like to operate a nursery there and be able to offer shrubs, etc. to buyers of manufactured housing. The public had no comment. Cl T Hatfield - Inquired if the proposed nursery would be operated the same hours as the existing business and use the same means of ingress and egress and was informed that was the case. Supv Schug -There will be no change in the lighting? • P Kennedy - No change. Supv Schug - Well close the public hearing (7:35 p.m.) and take it up again in regular board session (7:35 p.m.) Inquired again of any questions with respect to the zoning change. Page 2 of 5 • 6 -9 -98 TOWN OF DRYDEN SPECIAL PERMIT HEARING June 9, 1998 SUSAN BOUTROS Supv Schug opened the public hearing at 7:40 p.m. He explained that this is an application for conversion of a house on Oak Brook Drive, originally built and lived in by Mark Stevens. The house is connected to the sewer and can be connected to the water. This is a private home, not zoned for business, and Mrs. Boutros is proposing to have a business there. It is an allowed use by special permit. S Boutros - Explained that for ten years she has operated an environmental and consulting firm. She is presently sited at the Langmuir Lab and it does not provide the type of space she requires for her lab and offices and it is too expensive. The floor space is not laid out in a manner suitable to her needs. Harry Kesten, 35 Turkey Hill Rd - Inquired about what that laboratory work would entail and whether there would be chemicals going down the drain. S Boutros - No, they abide by the law. This is a microbiological laboratory and they do not discard anything hazardous. They do not use a lot of chemicals. They are an environmental laboratory so the organisms they deal with are the kind you find in your potable water supply. Cl D Grantham - Asked if Ms. Boutros was now expanding to testing sewer sludge. S Boutros - Yes. Cl D Grantham - The EPA regulations govern the drinking water testing, but not the sewer sludge testing, right? S Boutros - You must be very cognizant of the rules and regulations in operating a laboratory such as this. They are very careful about disposal. Their approval is liked to the drinking water. They have done unregulated work in the past and are at the cutting edge of providing new services that are not mass produced. Cl D Grantham - What disinfection is done prior to disposal of drinking water samples? S Boutros - They work with sediment more than water and the samples come in on filters. They are sampling the water because the water has gone through the filter. They work with the dirty filter. What is residual water would not be pathogen prone. Materials with any risk are either autoclaved or sterilized by chlorine bleach prior to being discarded. Cl D Grantham - You will have an autoclave? S Boutros - Yes. What do we dispose of? We have filtering materials that are sterilized before disposal in the trash. What goes down the drain contains less pathogenic material than what goes down the ordinary household toilet. colors. Mr. Boutros - We have been inspected 4 times by EPA and each time passed with flying Page 3 of 5 6 -9 -98 Supv Schug - There is a lot of work to be done in the house, it needs to be handicapped accessible, among other things. If she puts municipal water in the house, shell have to comply with Bolton Point's backflow preventers so that the water doesn't get contaminated. Shell have to have a sewer testing area, because we belong to the Ithaca Wastewater Treatment Plant. She must comply like every business in the area with the discharge permit. I'm sure if she's doing this over on Brown Road it is ending up in the same place anyway and there should be no problem. Dairy Herd Improvement dumps stuff that is much worse than what Susan will be dumping down her drain when she is hooked up to public sewer. Nancy Connelly, 1149 Dryden Road - Inquired about storage of chemicals that might somehow end up in the environment. S Boutros - They generally handle a very small volume of chemicals. They have alcohol and chlorine bleach. There are a few other things that are contained in glass jars. They have never had a chemical spill that would damage the environment. time? Supv Schug - As an example, how much alcohol would you have in the building at one S Boutros - About a gallon drum. Supv Schug - And some of the other stuff? S Boutros - One pound, five pounds. These are common salts used to make up saline solutions. We really don't work with toxic chemicals. We have minute quantities of things that might be toxic. ZO Slater - How would you compare the amount, quantity and quality of chemicals on the premises with what someone has who has a swimming pools and the chemicals used to treat that? Would they be similar? S Boutros - Less than. ZO Slater - So you have less of a harmful situation than a person who has a swimming pool and keeps it in good order. S Boutros - Yes. Marshall Taylor, 61 Turkey Hill Road - Are you currently planning expansion of the building? S Boutros - Not right now. M Taylor - You're not looking at expanding to 16 acres? S Boutros - No. Cl D Grantham - On the short environmental form it says that the amount of land that will be affected will be ultimately 16 acres. Donna Wilde, Real Estate Agent - If any of you have been there, you know that it is very vertical land. Cl D Grantham - How much acreage is the project going to cover? Page 4 of 5 • S Boutros - We're only planning to use the house. If a few years down the road we are able to expand the business, the logical thing to do would be to build an addition on the house. The size of the land to be purchased is 16 acres but the amount affected by the business would be the size of the house. Cl D Grantham - And parking and driveways. Henry, can you answer my question. How much acreage is going to be covered by the project? ZO Slater - Maybe a half -acre. The only thing new is the parking lot which is to the northwest of the home. There is a flat spot northwest of the structure, downhill slightly, tucked into the trees. That's the only flat spot on the property. Jack Ford - Southwest, Henry. ZO Slater - If Jack says its southwest, well go with that. H Kesten - Would the expansion need a new permit? Supv Schug - Normally what we do is that it can be permitted to be there now, but if there is any expansion or change, or if the business is sold to someone else, they would have to come before the Board for approval. E Evans - Inquired if Ms. Boutros intended to live there. S Boutros - Indicated that they do not intend to live there now, but that may change. David Weinstein - Inquired about runoff. Does Ms. Boutros have any plans for correcting runoff problems. S Boutros - She comes to this area with 15 years experience in watershed management, and is cognizant of these matters and they are important to her. She understands the need for reforestation. Meg Agerblade, 1141 Dryden Road - Concerned about samples that don't meet the criteria for sanitary sewer disposal or landfill and what happens to those samples after they have been evaluated. S Boutros - They will archived and if it gets to the point where they have too many, they will make use of a hazardous waste hauler to take them to an appropriate disposal site. Supv Schug - With respect to the project in general, there is not a lot of traffic. If she does desire to add to the building, she will come back for another hearing. I'm sure Susan will be a good neighbor. Inquired if there was any more comment from neighbors and when no one responded, the public hearing was closed at 8:10 p.m. Page 5 of 5 TB 6 -9 -98 • TOWN OF DRYDEN TOWN BOARD MEETING JUNE 9, 1998 Supv Schug called the meeting to order at 8:15 p.m. Board members and guests participated in a moment of silence, followed by the pledge of allegiance. Roll call attendance was by Town Clerk Bambi Hollenbeck. Present were Cl R Beck, Cl T Hatfield, Cl C Hatfield, Cl D Grantham, Supv Schug and Attorney Perkins. Upon motion of Cl C Hatfield and seconded by Cl T Hatfield the minutes of the meetings of May 4, May 12 and May 21, 1998, were unanimously approved. CITIZENS PRIVILEGE OF THE FLOOR Supv Schug - There are two people who would like to speak. One of them is Janet Morgan. She has sent a letter to the Board members regarding the Lucente project. The letter is entered by reference into the record, the original kept in the Lucente project file. Janet Morgan - Representing the Varna Community Association, she has sent the letter stating concern basically about the stability of the soil on the property. The VCA owns property immediately downhill from the Lucente project. They would hope that a complete investigation of the site will be done. They are requesting that the full environmental assessment form be completed by Lucente and that the Board do as complete an investigation as possible prior to the granting of any special permit. • Robin Seeley, 332 Hurd Road - Has sent Board members copies of three different letters addressing different aspects of the Lucente project. Emphasized points of those letters as follows: 1) With respect to the special zoning permit, noted that false information is on application. Mr. Lucente does not own parcel #56 -5 -19.31 2) Believes Town reviewed this application prematurely in light of the fact that all the information was not in. 3) Believes the parking analysis is in error. The most reasonable assumption would be one -half occupation by families and one -half by students. The calculation would then be 238 parking places just for the apartments. She is not sure how many would be required for the office. 4) Route 366 access is unclear. The engineering report shows the Route 366 entrance goes through Mrs. Case's house. The architect's plan show the Route 336 entrance going through Mr. Marchell's property. If Mr. Lucente's project requires the use of other properties, shouldn't he be required to include that in his application. Thus, his application is incomplete. 5) Drainage is a problem. Should the Town rely on Mr. Lucente's word that he will fix the water problems? Please take the concerns of the neighbors with respect to this seriously. 6) With respect to the SEQR law, please designate this action under the SEQR law as a Type 1 action so that the full EAF form, parts 1, 2 and 3 will be completed and we can get more information on this project. She spoke with a SEQR expert with the DEC in Albany this Page 1 of 30 TB 6 -9 -98 morning, and apparently, because this 12 acre lot is located next to a railroad bed which is • intended as Town hiking trail (recreational space) that would likely make this project Type 1. The proximity of this project to the Varna Community Center, which is also recreational space, would also make this a Type 1 project. See 617.4 Section 3 Section 10, 7) She and others have submitted letters to the Board stating that there is a clear potential for negative environmental effects if this project goes forward. If the Board agrees that these potential effects need to be looked into further and that we need more information about this site, then please make the finding under the SEQR of significant environment effects so that information can be gathered. they? Ms. Seeley suggested the following information is still needed: 1) Qualities of the soil on the site. How subject to erosion are they? How stable are 2) What is the depth of the water table? 3) How is the drainage on the site complicated by the fact that Mr. Marchell filled in the creek running across the property? 4) How many parking places will there have to be? 5) Will disturbed areas be reclaimed? The site is covered nearly 100% by gravel on top of unknown materials used as fill. Known materials there include tires, asphalt chunks, fencing, old cars, bricks. Does the Town want to take responsibility for 170 living units built on top of this junk? We need to know what is under the surface. What is leaching into the retention pond and thus into Fall Creek? We won't know unless we get more information. 6) The traffic analysis paid for by Mr. Lucente is incorrect as it assumes 170 cars for 170 living units, or one car per unit. This estimate is incorrect and only holds true if no students rent the apartments. 7) The project will affect the drainage of the site. This needs to be studied very carefully. The study does not take into account that a stream has been filled and the rest of the site is entirely covered by fill which has very little drainage capability. The fill put there by Mr. Marchell has altered the site so much that water drains off the site and onto the properties below. The models prepared by Mr. Lucente's engineers are incorrect and appear to have been prepared without the engineers having seen the site. The architect's plans contain contours that are different than the site and appear to have been prepared from a topo map prepared prior to the time the site was filled. She is asking to Town to make a positive declaration which will help the Town get more information on Mr. Lucente's project. Supv Schug - Your letters are be made part of the record and will be contained in the Lucente file. The more we have in writing the easier it will be to address your concerns. Dave Weinstein has some comments to make. Dave Weinstein - Submitted a letter asking the Board to find that Mr. Lucente's project will have a significant environmental impact. He is concerned about the fill on the site and indicates that it needs intensive study. We need to find out what is there. Supv Schug - I don't believe the Town has any idea what is there. Page 2 of 30 TB 6 -9 -98 • D Weinstein - The second thing is the soil survey about Hudson soils, it says very explicitly that if structures are contemplated, soil should be thoroughly investigated. The information Mr. Lucente has presented doesn't begin to answer this question. We need a full environmental impact statement to be done. The survey goes on to say that the soil has very poor stability for dikes and levees and he's talking about building a major pond up there. Under the Hudson survey it states average ground water conditions may require extensive measures. We need to know to what kind of extensive measures they are willing to go. This site is very steep. They say on their form that 60% of the site is on a greater than 10% slope. There are places on the existing environmental assessment form that are inadequate in terms of the information given. There is no mention of the fact that this water will feed into Fall Creek. Water and oils from cars in the parking lots can be shunted into Fall Creek in a big rain storm. There is a popular swimmn g area downstream from that area There are numerous discrepancies in the EAF, such as in one place it says that 24 new jobs will be created and in another place it says no jobs. In one place it says there is no fill on the site, but elsewhere they make it clear there is plenty of fill. There has been a lot of sloppiness in creating this form and we have to wonder about all the information and we need a total environmental impact statement so we can accurately assess the problems. The most important thing is that we have got to recognize that a project like this costs the town more money than they get in revenue. We have obtained reports on this and have more coming in through the mail. One of these reports, done in Dryden, identifies that every dollar that a residential development in Dryden brings in, in tax revenue, costs the Town $1.21. This is not a money making operation. The environmental impact statement should address this problem. We shouldn't think we're going to get a big financial boon from a project like this. It doesn't adequately address the fact that there are visual impacts, in fact it says there will be no visual impact. I guarantee you we'll be able to see lights and things on that hill. Lucente fails to address that all these kids will funnel into the Cayuga Heights school which is right now jammed full. Will another school need to be built to accommodate these kids? We need to address this. Given all this, you should find that a full environmental impact statement be prepared. Supv Schug - your letter will be made part of the minutes by reference and placed in the Lucente file. Ken Finklestein, 922 Dryden Road - We have previously discussed the traffic situation in Varna, and I am presenting a petition signed by approximately 50 residents request traffic modifications in Varna. It requests a lower speed limit through Varna and east of Varna, together with appropriate children at play or school bus signs. Supv Schug - advised Mr Finklestein that the board would act on this tonight, and if approved, will forward the request on to the County for approval. Reminded him that one problem that had been mentioned was the Saunders cement trucks racing through Town and wondered if they had been keeping track of that. • K Finklestein - They have been watching but have not established a clear trend. Page 3 of 30 TB 6 -9 -98 Supv Schug - But if you see a specific truck, identified by number, and notify • Saunders, I'm sure they will speak with the driver. I'm sure you'll make out alright.. Would anyone else like to speak? Mark Bell, 945 Dryden Road - A requirement of his special permit for 945 Dryden Road was that he provide the Board with a design for screening and defining the entrances at the site. He presented a sketch (copy in his file) and asked the Board for approval to open for business. The plan calls for flower planters approximately 3' feet high and 3' wide placed stragetically to define the entrance. He will try to provide constant color in the planters. Supv Schug inquired whether the Varna Community Association members had reviewed it, was informed they had not, and offered a copy to Dawn Potter to look at. Janet Morgan - stated that she and Jim Skaley had written a letter of approval as property owners, not in connection with the VCA. The VCA Board has not had an opportunity to look at those. There was discussion between Mark Bell and members of the Varna Community Association about plans that the VCA has for a parking lot and driveway. The flower boxes need to be set so that they do not interfere with the line of sight for vehicles exiting that driveway. Supv Schug suggested that Mark Bell and the VCA get together and share their plans. Supv Schug stated that the placement of the flower boxes will define the entrance to the shop and satisfy the state's requirement. He also pointed out that there will be two driveways, side by side on the property. After much discussion, the Board decided to give Mark Bell approval to open his • business. He will have a temporary permit issued by ZO Slater to operate for 60 days without putting the planters in place. The VCA and Mark Bell will come to a mutual agreement with respect to the exact placement of the planters. Janet Morgan - As Chairman of the Varna Community Association, she invited the Town Board members and Supervisor to a ground breaking ceremony at the Varna Community Association to initiate their projects of renovation and renewal for the property on July 9 at noon. Mike Saroka, 63 Yellow Barn Road - Inquired about the drainage project planned for Yellow Barn Road and what kind of time frame was anticipated. Dave Putnam - Has presented a letter to the Board tonight with respect to the result of the survey. While the majority of the respondents have indicated problems with the stream, only 50% may consider participating financially. Based on these results, we would like to continue on. Supv Schug - The tough part is the money, they want to be sure of the amount expected to be spent to fix the problems. This will have to go a referendum. Jody Saroka - How will you determine a homeowners share of the expense? Supv Schug - Assessments are done in all different forms, this may be done according to frontage on the creek. The Board will come up with some sort of a formula and we haven't done that yet. We don't know what the cost is going to be. You have the right to know what it ®) is going to cost. We can apply for and get some help from the County. We can apply to the Page 4 of 30 TB 6 -9 -98 • State and Federal governments. We aren't sure how much help we can get. Once we know what it will cost to do the job, you will know what that is. That will be your total exposure, based on the frontage you have on the creek. We did ask in the questionnaire about easements. We have to have a way to get to the creek if we are going to maintain. Elizabeth Case - Here on behalf of her grandmother, Martha. Before Ms. Seeley left she asked Ms Case to request that the Board set the next Lucente hearing at the Varna Community Center, if possible. Supv Schug - Has already spoken with Dawn Potter about that. They are both on hold for now as we have not received any further information. We will try to have it in Varna. Supv Schug informed the Board and public that Friday, June 12, Dr. Robert Penna, who is doing the study for the Town with respect to adult entertainment, will be on the Casey Stevens show, WHCU, 870 am. He asked that those who are able please phone in and give him your opinion with respect to these adult entertainment facililties. Cl D Grantham- presented a package from Zorika Henderson, 7 Sunny Knoll Drive. It is a letter addressing the economic impact of the Lucente project. It contains reports about costs of community services, etc. Supv Schug - Well do with this same as the others, make it a part of the record and put it in the Lucente file. Any other questions? Marshall Taylor - Inquired when there would be a reviewable draft of the Adult Entertainment Law and was advised there should be something available by the end of June. • Supv Schug - We'll have a hearing on June 23 for public comment, and another public hearing for the proposed local law. We want to keep moving so we can stay within the time frame of the moratorium. COUNTY BRIEFING Michael Lane - You ll be getting some mortgage tax this year. This year it is up, last year it was down. In 1996 the town received around $113,000, in 1997 it was $97,102. So far this year it amounts to $63,000. The Household Hazardous Waste Facility - We now have a time line for it and anticipate opening in the summer of 1999. We are about to ask for proposals from firms who would be willing to operate this for us, similar to the way we contracted for someone to operate the waste management facility. He feels a lot of people will take advantage of being able to safely dispose of paint, pesticides and batteries. The Planning and Intermunicipal Coordination Committee meets Thursday morning at 9:00 am. They would be glad to have someone present from the Town. Bob Johnston of Cornell University will give a presentation. He is doing the aquatic vegetation research in Dryden Lake. This program is sponsored by a grant which is received annually from New York State. Some Board members are questioning whether using the money to fund research at Cornell University is the best usage of that money. This project has importance in Dryden and if you have an opinion on it, we'd be glad to have someone come and speak to us. 0 Cl Grantham - Stated she felt that the research was important. Page 5 of 30 TB 6 -9 -98 Mike Lane - We hope to adopt a snow emergency plan at this meeting for coordination • of roadway transportation. A number of employers and municipalities have been working on ways to better coordinate what happens when we get a snowstorm in the middle of the day and employees are released early. Unfortunately, this often makes matters worse because they are then on the road when the highway departments need to be out there clearing the roads. In the protocol they say that places that intend to close should do so before or after the weather emergency, not during it. This will take some coordination, but we've been working a long time toward this. The public hearing for the Northeast Subarea Transit Study was poorly attended although the quality of the comments was good. There will be two more public hearings before the study concludes and people are urged to take advantage of that. The Intermunicipal Cable Commission meets again next week. I wonder where the town stands with participation in the consultant's study. Supv Schug - We have not passed that resolution. We've talked about it and its on tonight's agenda for discussion. Mike Lane - Please consider it favorably. Cl T Hatfield - Can you give us some reasons why we should do that, what the positives are? Mike Lane - The positives are that it gives an opportunity to have a stronger voice in the negotiations with Time Warner Cable. Time Warner fought very strongly against the Intermunicipal Cable Commission joining with the City in its negotiations. We have worked • out a document with the City of Ithaca which specifically requires a number of concerns we have in outlying areas be addressed. For example, the number of houses required in density for line extension and rates. The City will have four representatives on the negotiating committee, the consultant will be the lead negotiator, and the Intermunicipal Cable Commission will have three voting members and an Electronics Futures person will also serve on that committee. Cl T Hatfield - So the City will call the shots. M Lane - You can bail out if you don't like it and your ultimate protection is the fact that this is your franchise when we get done and this Board approves it for the Town of Dryden. We expect that the Towns will have some modifications. What we negotiate is not binding. It will be a recommendation to you. The County has tried to be a facilitator in this all along, it does not have a franchise, although a lot of the rights of way which you get a franchise fee for are County rights of way. There is no income to the County at this point from any franchises. Supv Schug - Mike and Charlie, received got the letter regarding the Tompkins County distribution of celebration funds. Very nice. Mike Lane - The Innkeepers Association is unhappy about that. We took a very, very small part of the room tax money and determined that local celebrations have an impact on tourism and that we should recognize that. We collect upwards of $450,000 and we are distributing about $15,000.00 total here. Supv Schug - I wanted you and Charlie to know they didn't break it out for any of the Villages, it comes to the town. What I propose to do this year, and I am going to talk with the Page 6 of 30 TB b -9 -98 • Board about it, is to use that money for the dedication of the dam program. Well use some of that money and call it a celebration, which it will be to finally get the Dr. Crispell dam. Well put some more money with it and have a dedication ceremony. Mike bane - Let me just say where it came from. The Community Arts Committee was charged with distributing this money and they initially did a survey of all of the celebrations in the County, the Freeville Harvest Festival, Ellis Hollow Community Fair, Dryden Dairy Days, Trumansburg Fair, etc. They tried to come up with a scheme to distribute that to these festivals and decided it was much too controversial and would instead allocate on a population basis this money to the towns and city. You folks are to allocate it and I do think that they intended it be allocated among the festivals. I just wanted to let you know how the thinking was at the County. Supv Schug - And my thinking is that this year the one big thing that happens that benefits the Town and the Villages is going to be that dam. Well use it for that this year and than let each festival ask for it. It wouldn't be fair at this point because Dairy Days will be Saturday and they didn't even know it was available. Next year we'll notify all the organaations that have programs and let them ask for it. Cl R Beck - Will this be on going? M Lane - Not if the innkeepers have their way, but the majority of the board is in favor of it. It is matching money and we purposely did not make it a very difficult match. Charlie Evans - In the Government Operations Committee, the County approved the County Mission Statement. It gives Departments a measure against which to look at how they are performing and whether they are meeting the mission of the County and if not, why not. The vision statement will be modified with each new board. In the Health Committee, the Board passed the tobacco control law. It will require on September 1 the removal of most public vending machines and will require merchants to keep tobacco products behind the counter where it is less likely to be shoplifted. The Board of health will contact all tobacco vendors prior to that time and review that they are in compliance. In the Work Force and Economic Development Committee today the committee approved a new welfare program called the Child Assistance Program. What it does is allow a family or single parent, if they will sign a contract with the County to work toward becoming independent of public assistance, to be able to earn up to 130% above the poverty level without losing all of their benefits. Its an important issue because in public assistance up until now in many cases it paid to stay there, you couldn't afford to get off and lose your medicaid and so on. This is a program that slowly weans a family from public assistance. It is completely paid for by state and federal funds the first year. The cost to the County goes up over the next four years by 5% until like most welfare programs, the County pays for 25% of it. The down side of it is that it requires five new public assistance employees. As required by the State they will not allow you to take employees from the current staff and put them in this program. I have a concern about that, the case load has dropped 30% in the last three or four years and we have removed four of the 170 employees in the Welfare Department. The report that we were given today suggests that it's a total of 14 because the others have been shifted to other parts of the department. We really must look at the staffing in the Public Assistance Department to really determine how those employees are being used at this time and whether the changes that are taking place will require that kind of staffing. • Page 7 of 30 TB 6 -9 -98 Supv Schug - Congratulated the County Board for setting aside the minimum wage • deal until you got into what really was happening. If you're going to subsidize people who work for agencies that work for the County, why wouldn't you do the same thing for people who own a plant or a business. C Evans - That is an alternative because its pretty clear that one way or another County government supports a living wage in some sense, because if you don't make enough money you are eligible for public assistance. The down side of that is that there a considerable stigma to being on public assistance. I'll give you what I said at the County Board meeting: I chaired HOMES, Inc for five years at two different times. The problem we had there was that we were paying close to minimum wage to a lot of college graduates who thought it would be wonderful to work in this area. The problem is that to make the program work for developmentally disabled people and the mentally ill is that you need to have people around long enough that could bond with these people and when they find out after six months they're starving and quit, you can't run a program that's effective that way. It is a catch 22. I don't have an answer for you. Supv Schug - There are questions about the library moving into the Woolworth's building. They are talking about the County paying the City tax, and its up to the Town Board to help you guys make a decision, but ... C Evans - The County has offered to make up the balance of what the City would lose. I don't think there is a high probability that that will happen. There are a number of issues here. Obviously the City and County will lose sales tax revenue, but there isn't any sales tax revenue coming from that building anyway, it's empty. With some proper planning a library in that site could draw a lot of people to downtown Ithaca. For example if they willing to validate the parking ticket and went to two merchants on the commons and you got free parking, you • might be able to draw people to the commons and give them additional business. It would be as beneficial and maybe more beneficial than a business in there. There is a lot of opportunity to enhance downtown Ithaca by having a library there and drawing those people there. Parking is available there and isn't at the current site. Supv Schug - Doesn't feel the County should have to pay any taxes. M Lane - I agree. In fact based on our experience with the recycling center, I don't think the county can make a payment in lieu of taxes. A payment is being made to the City with respect to the recycling center based on a settlement of potential litigation and it is treated as a contract fee. Supv Schug - I wanted to have you guys give your opinion and let the board give you their opinion. C Evans - There are clearly a number of issues involving the library. I support the library being in Ithaca as the center of the County. Ithaca certainly needs some rejuvenation and the library can be a major help for that. On the other hand, we also have Town libraries that have to be considered in the context of a total county library system and that needs to be looked at as well. I'll also point out that the Woolworth site would cost the County five million dollars less than either building another library somewhere else in the city or renovating the one we have. Added to that we have an anonymous offer of a gift for two and a half million dollars that is site definitive to the Woolworth site that would save a total cost of seven and a half million dollars over any other site or repairing the existing library. 6.4 million dollars is still a lot a money, but it beats 11.6 as an alternative. My guess is that when its all said and done it will be at the Woolworth site. If the City wants it somewhere else, they should cough ®� up the seven and a half million dollars to put it somewhere else. Page 8 of 30 More discussion was had regarding not cost effective, however it is not falling a is full to capacity. The Woolworth building 17.3 years. There are savings to be had by multi- .story building. The current building with respect to its value. TB 6 -9 -98 the library and what kind of .state it was in, It is part as written in The Ithaca Journal. The library is large enough to meet expansion for the next operating out of a single story building versus a would be sold, and estimates are being obtained Cl D Grantham - Inquired about the transportation study and whether people could still submit comments. She was informed that comments could be forwarded to Barbara Caldwell, Cl T Hatfield - Inquired about Town libraries. C Evans -Not everyone in the county is happy about .spending tax doilars on a City library. The solution would be to tie into Town libraries so they are satellites of the County library, Cl T Hatfield - A lot of the resources could be circulated better among the smaller libraries. COUNCIL PRIVILEGE OF THE FLOOR Cl D Grantham - I have a memo from the people at Dryden School talking about personal safety. They are putting it off until Fall. I have a memo from Ithaca Rape Crisis and Task Force for Battered Women with an outline of what they would do as their part of a • personal safety program. (copies distributed) It's about a two hour program and its $50 per hour for each agency, With respect to the part of the personal safety from the school, I said that I thought that the Town might be interested in funding parts that the community could join into and they are talking about a parent workshop some evening that would be open to all the communities, but not necessarily for every grade from what they've got here. They haven't gotten back to me with an amount either, Cl R Beck - Last month we received information that Etna Volunteer Fire Department had been out of compliance with several items in their building, problems with life safety and fire insurance. The fire controller called me a few days ago and told me he was instructed by the State Insurance to not tone out Etna for any services, that they were illegal and couldn't operate. He wanted to know what we knew about it. It told him that we'd had this information and he was going to call you (Supv Schug) . Supv Schug - They had a meeting and sat around and said they didn't have any Workers Compensation and if someone gets hurt in a fire, they weren't covered, They didn't check with anybody to see if they had the insurance and if it was paid. They called the fire dispatcher and said don't tone us out ". They do have insurance, the Town pays for it, The new fire chief came into our office and I told him that if they get a call out to a fire, they had better be there, Cl R Beck - So this is unrelated to the letter we received from them? Supv Schug - Correct, They know and Jack Miller knows. They've had problems over there. We send out copies of the insurance certificates and they got one, but apparently it has been misplaced. Page 9 of 30 TB 6 -9 -98 ATTORNEY • Supv Schug - Baker Hill Rd Outside User: Mahlon did a lot of work with respect to the outside user on Baker Hill Road. The lady who owns the property has learned of the possibility of Lucente's project and she would like to not go ahead with this now. She has three or four months to decide, but the Town will be reimbursed regardless. Atty Perkins - Burial Site: No action is necessary. Supv Schug has the authority to sign the agreement when it comes back properly executed. The Town as you know is a part owner of the Ithaca Wastewater Treatment Facility. We have on our books two local laws which have to do with pollutant discharges. One of these local laws establishes sewer use requirements which is the process that someone has to go through to certify what they are discharging into the system. The second local law establishes local pollutant limitations. Those local laws were passed in 1992 and it took EPA six years to finally approve them and they weren't to go into effect until they were approved by EPA. In March of this year the EPA requested minor changes. In light of that counsel for the special joint subcommittee came up with draft amendments and has circulated them. I have revised them to reflect the Town of Dryden's interest in the plant. Copies of the resolutions introducing the proposed amendments have been distributed to Board members and may be introduced tonight if you so choose. There doesn't appear to be any substantive changes. Cl T Hatfield - They are just tightening things up and doing a little window dressing. Supv Schug - Some of our restrictions were a little more stringent than necessary according to EPA. • RESOLUTION # 139 - INTRODUCE PROPOSED AMENDMENT TO LOCAL LAW #5 -1992 Cl T Hatfield offered the following resolution and asked for its adoption: WHEREAS, the Town Board passed Local Law #5 entitled "A local law establishing local pollutant limitations for Town of Dryden Users of the Ithaca Area Wastewater Treatment Facility" on November 10, 1992; and WHEREAS, Local Law #5 of 1992 stated it would become effective upon approval by the U.S. Environmental Protection Agency; and WHEREAS, the U.S. Environmental Protection Agency has required certain changes to Local Law #5 of 1992 by letter of March 19, 1998 in order to approve such local law, NOW, THEREFORE, BE IT RESOLVED that Local Law #5 of 1992 also known as "Local Pollutant Limitations" is hereby amended as follows: Section 1. Subsection A of Section 1 entitled "Purpose and Applicability" is hereby amended to read as follows: 0' Page 10 of 30 TB 6 -9 -98 A. The purposes of this law are to set forth specific discharge limitations (hereafter referred to as local limits) to prevent Pass Through and Interference, to protect the safety and health of workers at the Ithaca Area Wastewater Treatment Facility (POTW) and to improve opportunities to recycle and reclaims municipal and industrial wastewaters and sludges. Section 2. Section 2 entitled "Definitions" is hereby amended to read as follows: The definitions set forth in Local Law No. 6 (1992), Section 3, as they may be revised from time to time, shall apply to the words in this chapter. Section 3, Section 3 entitled "Specific Pollutant Limitations is hereby amended to read as follows: The local limits shall apply at each point of discharge to the sewerage system. In no case shall a User's discharge to the POTW violate the following specific limitations: POLLUTANT Arsenic Barium Cadmium Chromium, total Chromium, hexavalent Copper Cyanide Iron Lead Manganese Mercury Nickel Silver Zinc POLLUTANT Oil & Grease (petroleum based) MAXIMUM CONCENTRATION 30 -DAY AVERAGE (mg /1) DISCHARGE LIMIT INSTANTANEOUS (Pm) 24 3 6 10 18 MAXIMUM CONCENTRATION 24 -HOUR AVERAGE L=L1 0.6 240 7.5 0.6 540 20 24 4.5 35 Section 4. Section 4 entitled "Applicability of Other Requirements and Prohibitions" is hereby amended to read as follows: Page 11 of 30 80 2.5 1 2 0.2 180 1.5 6 20 DISCHARGE LIMIT INSTANTANEOUS (Pm) 24 3 6 10 18 MAXIMUM CONCENTRATION 24 -HOUR AVERAGE L=L1 0.6 240 7.5 0.6 540 20 24 4.5 35 Section 4. Section 4 entitled "Applicability of Other Requirements and Prohibitions" is hereby amended to read as follows: Page 11 of 30 State. TB 6 -9 -98 All users further shall comply with all other requirements and prohibitions regarding discharges to the POTW set forth in all other local laws, including Local Law No. 6 (1992), as it may be revised from time to time. Section 5. This local law shall take effect immediately upon filing with the Secretary of AND IT IS FURTHER RESOLVED, that the public hearing for said local law shall be July 14, 1998, at 7:30 p.m. prevailing time at the Town Hall, 65 East Main Street, Dryden, New York, at which time all interested parties and citizens shall be heard. Seconded Cl C Hatfield. Roll Call Vote Cl R Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl D Grantham Yes RESOLUTION # 140 - INTRODUCE PROPOSED AMENDMENT TO LOCAL LAW #6 -1992 0 Cl T Hatfield offered the following resolution and asked for its adoption: WHEREAS, the Town Board passed Local Law #6 entitled "A local law establishing Sewer Use Requirements" on November 10, 1992; and WHEREAS, Local Law #6 of 1992 stated it would become effective upon approval by the U.S. Environmental Protection Agency; and WHEREAS, the U.S. Environmental Protection Agency has required certain changes to Local Law #6 of 1992 by letter of March 19, 1998 in order to approve such local law; NOW, THEREFORE, BE IT RESOLVED, that Local Law #6 of 1992 also known as "Sewer Use Requirements" is hereby amended as follows: Section 1. Subdivision (28) of Subsection A of Section 3 of Article 1 entitled "Pretreatment Requirement" is hereby amended to read as follows: (28) Pretreatment Requirement. Any substantive or procedural requirement related to Pretreatment, other than a National ®) Pretreatment Standard, imposed on an Industrial User. Page 12 of 30 TB 5 -9 -98 Section 2. Subsection (B) of Section 5, Article 11 entitled "Specific Discharge Prohibitions" is hereby amended to read as follows: (B) Any liquids, solids, or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause a fire or explosion hazard in the POTW or be injurious in any other way to the POTW, its operation, or the health or safety of the POTW's workers. At no time shall a User discharge a wastestream with a closed cup flashpoint of less than 140 degrees Fahrenheit or 50 degrees Centigrade using the test methods specified in 40 C.F.R. §251.21. Unless specifically authorized to do so by permit, no User shall discharge any quantity of the following materials: gasoline, kerosene, naphtha, benzene, toluene, xylene, fuel oil, ethers, ketones, aldehydes, chlorates, perchlorates, bromates, carbides, hydrides and sulfides, dry cleaning fluids, and any other substance which the Chief Operator, DEC, or the EPA has notified the User is fire hazard or explosive hazard to the system. The preceding list of substances is not a comprehensive list of prohibited substances, If a substance meets the general criteria set out in the first two sentences of this subparagraph, it is prohibited. Section 3. Subsection (J) of Section 5, Article II entitled "Specific Discharge Prohibitions" is hereby amnended to read as follows: (J) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40° C (104'F). Section 4. The first sentence of Section 7 of Article III entitled "Categorical Pretreatment Standards" is hereby amended by substituting two .sentences to read as follows: Categorical Pretreatment Standards which EPA has promulgated for specific industrial subcategories are hereby incorporated by reference. Where Categorical Pretreatment Standards are more stringent than the local limits, Industrial Users in those subcategories shall comply with the more stringent Categorical Pretreatment Standards in accordance with the compliance timetables for each Categorical Pretreatment Standard mandated by EPA. The rest of Section 7 remains unchanged. Page 13 of 30 TB 6 -9 -98 Section 5. Subsection (0) of Section 16, Article III entitled "Permit Application 0 Requirements" is hereby relettered to be subsection (P). Section 6. Section 16, Article III entitled "Permit Application Requirements" is hereby amended by adding thereto a new subsection (0) to read as follows: (0) A list of any environmental control permits held by or for the User. Section 7. Subsections A, B and C of Section 22, Article IV entitled "Reporting Requirements" are hereby amended to read as follows: A. Baseline monitoring reports, to be submitted by existing Industrial Users subject to Categorical Pretreatment Standards within one hundred eighty (180) days after the effective date of the Categorical Pretreatment Standard. These reports are to be submitted by New Sources and sources that become Industrial Users after the promulgation of an applicable Categorical Pretreatment Standard, at least ninety (90) days prior to commencement of discharge. These reports shall contain the information required in 40 C.F.R. §403.12(b), including a statement whether Pretreatment Standards are being met on a consistent basis, and, if not, whether additional O &M and /or additional pretreatment is required for the Industrial User to meet the Pretreatment Standards and Requirements. This statement shall be reviewed by an Authorized Representative of the Industrial User and certified to by a qualified professional. B. Report on compliance with Categorical Pretreatment Standards, to be submitted by existing sources within ninety (90) days following the date for final compliance with an applicable Categorical Pretreatment Standard, or in the case of a New Source, following commencement of the introduction of wastewater to the POTW. This report shall contain the information required in 40 C.F.R. §403.12(d), including the nature and concentration of all pollutants in the discharge from each regulated process, and the average and maximum daily flow for these process streams. This report further shall state whether Pretreatment Standards are being met on a consistent basis, and, if not, whether additional O &M and/or additional pretreatment is required for the Industrial User to meet the Pretreatment Standards and Requirements. This statement shall be reviewed by an Authorized Representative of the Industrial User and certified to by a qualified professional. C. Periodic reports on continued compliance, to be submitted by all permitted Industrial Users subject to Pretreatment Standards or Pretreatment Requirements after the Page 14 of 30 TB 6 -9 -98 compliance date of such Standard or Pretreatment Requirement, or, in the case of a New Source, after commencement of the discharge into the POTW. All such Industrial Users shall submit such reports to the Chief Operator during the months of June and December, unless required more frequently or at different times in the Pretreatment Standard, Pretreatment Requirement, or by the Wastewater Discharge Permit. All Industrial Users must include in such report all sampling results for pollutants limited by a Pretreatment Standard, Pretreatment Requirement, or Wastewater Discharge Permit; if the sampling and analyses were performed in accordance with X24 of this law, even if the sampling was performed more frequently than required by the Pretreatment Standard, Pretreatment Requirement, or Wastewater Discharge Permit. In addition, such reports shall include a record of measured or estimated average and maximum daily flows for the reporting period. Section 8. The first sentence of Section 42 of Article VI entitled "Legal Action" is hereby amended by substituting a new sentence to read as follow. If any person violates the provisions of this law, the Act, any applicable Pretreatment Standards or Pretreatment Requirements, the conditions and requirement of any Wastewater Discharge Permit issued hereunder, or any order of the Chief Operator, Special Joint Subcommittee, or municipality, counsel for the municipality where such person is located (or counsel for any of the municipalities, if such person is not located in any of the municipalities) may commence an action for appropriate legal and /or equitable relief, including, but not limited to, injunctive relief, penalties, and fines, in either state or federal court. The rest of Section 42 is unchanged. Section 9. Effective Date. This local law shall take effect immediately upon filing with the Secretary of State. AND IT IS FURTHER RESOLVED, that the public hearing for said local law shall be July 14, 1998, at 7:35 p.m. prevailing time at the Town Hall, 65 East Main Street, Dryden, New York, at which time all interested parties and citizens shall be heard. 2nd Cl C Hatfield. Roll Call Vote Cl R Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl D Grantham Yes Page 15 of 30 TB 6 -9 -98 Atty Perkins - Local Law #5 of the year 1989 created the Town of Dryden Department of Public Works. We have a proposed Amendment which would transfer the overseeing of the Department of Public Works from the Highway Superintendent to a Superintendent of Public Works to be appointed by the Town Board which is in fact consistent with the practice of the Town in the past. Cl D Grantham - Is there any written justification for it? When I was on the Highway Committee last year there was discussion about it and Randy brought it up to Tom and I one time. I asked for written justification of something like this. Has there been any? Supv Schug - I didn't realize you had asked for written justification. Part of the reason for having someone in charge and for doing it the way that we did eight years ago was the interchange of equipment people. The Highway Dept helps them out in an emergency and vice versa. Cl D Grantham - But that hasn't changed. Supv Schug - But you still need someone responsible for the Department. Cl D Grantham - The other question I have is can we do this given that we are in negotiations with the Highway Department about the Union. It seems to me that this is a change. Supv Schug - The Union has nothing to do with supervision and I checked with our attorney. This is a mistake that we didn't change the original law when we did the other change. We need to correct it. Cl D Grantham - What's the mistake? Supv Schug - That it was the Superintendent of Highways who was the head of the Department of Public Works. Cl D Grantham - It looked deliberate to me in the Local Law. Doesn't it say that in the Local Law? Atty Perkins - Yes, it does. But in fact in recent years someone other than the Superintendent has been appointed as the head of the Department of Public Works in your organizational meeting in January. And what this Local Law attempts to do is to conform the Local Law to actual practice. Supv Schug - When we find a mistake, we point it out and change it. Any further discussion? RESOLUTION # 141 - INTRODUCE AMENDMENT TO LOCAL LAW #5 OF 1989 Cl T Hatfield offered the following resolution and asked for it adoption: WHEREAS, the Town Board passed Local Law #5 on November 28, 1989; and WHEREAS, the Town Board has reviewed said Local Law and determined that certain changes need to be made in that law, Page 16 of 30 TB 6 -9 -98 • NOW, THEREFORE, BE IT RESOLVED, that Local Law #5 of 1989, entitled "A Local Law Establishing the Town of Dryden Department of Public Works ", is hereby amended to reflect changes as follows: 1. Section 3 of Local Law No. 5 of the year 1989 is hereby amended to read as follows: 3. The Department of Public Works shall be headed by a Superintendent of Public Works who shall be appointed by the Town Board. 2, Section 4 of Local Law No. 5 of the year 1989 is hereby amended to read as follows: 4. Such Superintendent shall be responsible for the supervision and maintenance of the Town Water Districts, Sewer Districts and other improvement districts, Town Parks and shall have such other duties as may be assigned to him by the Town Board by resolution. 3. Section 5 of Local Law No. 5 of the year 1989 is hereby amended to read as follows: 5. Expenses of supervision and maintenance of any such districts over which the Superintendent of Public Works has responsibility shall be charged back to the appropriate districts. Expenses of supervision and maintenance of Town Parks shall be charged back to the appropriate general fund account. 4. This local law is adopted subject to a mandatory referendum to be held at the next succeeding general election of State or local government officers and shall become effective if approved at such election by the affirmative vote of a majority of the qualified electors of the Town of Dryden voting upon the proposition and upon filing with the Secretary of State. AND IT IS FURTHER RESOLVED, that the public hearing for said local law shall be July 14, 1998, at 7:30 p.m. prevailing time at the Town Hall, 65 East Main Street, Dryden, New York, at which time all interested parties and citizens shall be heard. 2nd Cl R Beck Roll Call Vote Cl R Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl D Grantham Yes Supv Schug - I have the agreement here for the Ferguson Road Bridge. The Board has already given me permission to sign this, but I would like our attorney to review it before I • sign it and send it on the County. Also, I have the agreement with the Village for Zoning Page 17 of 30 TB 6 -9 -98 Enforcement and have permission to sign it, but again I would like the attorney to review it as • they have made changes. We have a discharge of mortgage for Mr. Newbury. Apparently he was able to borrow enough to pay us off and we have his check. I'll sign this discharge and put the matter behind us. TOWN CLERK Supv Schug - Congratulations to Bambi and her office on automating the dog licensing � B Hollenbeck - There are two big advantages. (1) We no longer have to send paper copies to NYS Dept of Agriculture & Markets and (2) Albany's records will be updated immediately and key punch errors should be eliminated. It is also easier to look up information for the SPCA when they call to inquire whether a particular dog is licensed. We need to designate the polling places within the town and have a resolution authorizing payment at the appropriate time. RESOLUTION #142 - DESIGNATE POLLING PLACES Cl D Grantham offered the following resolution and asked for its adoption: RESOLVED, that the following is the list of designated polling places in the Town of Dryden for the year 1998: District #I- Etna Fire Station District #2 - Freeville Fire Station District #3 - Dryden Fire Station District #4 - Varna Community Center District #5 - Etna Fire Station District #6 Dryden Village Hall District #7 - Dryden Fire Station District #8 - Bethel Grove Community Center District #9 - Ellis Hollow Community Center District # 10 - Dryden Baptist Church District # 11 - Dryden Town Hall 2nd Cl T Hatfield Roll Call Vote Cl R Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl D Grantham Yes RESOLUTION #143 - PAY POLLING PLACES Cl C Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board authorize the Supervisor to pay the following polling places $100.00 per district for the use of their facilities for 1998: Varna Community Center, ®; Bethel Grove Community Center, Ellis Hollow Community Center, Dryden Baptist Church, Page 18 of 30 TB 6 -9 -98 Dryden Fire Station for Districts #3 and #7, Etna Fire Station for Districts # 1 and #5. Freeville Fire Station has waived compensation for use of their facilities. 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 - Would like the permission of the Board to subscribe to the Dryden Courier and the Cortland Standard. They often have articles in them concerning Town matters. The Dryden Courier is $21.00 per year and the Cortland Standard is $109.20 per year. RESOLUTION # 144 - NEWSPAPER SUBSCRIPTIONS Cl R Beck offered the following resolution and asked for its adoption: RESOLVED, that the Town of Dryden subscribe to the Dryden Courier at the rate of $21.00 per year and to the Cortland Standard at the rate of $109.20 per year. 2nd Cl T Hatfield Roll Call Vote ENGINEERING Yellow Barn Drainage Cl R Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl D Grantham Yes D Putnam - We found out from the survey that the majority of the people who responded have a problem with the stream, but only 50% may be willing to participate financially. It is my opini fi on that we should continue on and determine the final dollar amount. After discussion by the Board, it was decided to move forward and complete the study. Sewer Manholes Supv Schug - In the Fall we budgeted to replace and repair the manholes on the sanitary sewers in the hamlet of Varna. It is a $14,000 program to get as many of these taken care of as we can. Over time they have sunk and shifted, ladders need replacing, etc. For safety they need to be examined and the necessary repairs made. Some of the manholes are out in Route 366 and we will need to supply a flagman and do the paving around them. Page 19 of 30 TB 6 -9 -98 RESOLUTION # 145 - REPAIR MANHOLES Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the repair and /or replacement of manholes in the hamlet of Varna sanitary system and the expenditure of a sum not to exceed $14,000, previously budgeted therefor. 2nd Cl R Beck Roll Call Vote ZONING OFFICER Cl R Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl D Grantham Yes ZO Slater - Board members have a copy of the monthly report. We have a issued a CO for the Loeven Barn on Route 38. It is completed and they have spent around $40,000 to do it. I was asked last Fall to be part of task force in connection with the First Annual New York State Barn Conference. I was involved in zoning and what has happened to barns. This is in the report and the Town may want to make a decision about the old barns as opposed to leaving them to fall down. This may be something you'd like to refer to the Planning Board to study. With respect to 629 Snyder Hill Road, the burnt out house, it now has another owner, a bank. I am informed that by the end of the month renovation work will begin on the house, but the property will be cleaned up and lawn mowed prior to that. Noted that the Dryden Courier reported that the Village had added a new clause to the proposed contract calling for quarterly reports to the Village Board. The Planning Board, as you know, was present at the Lucente hearing and will make a report to the Town Board for consideration in the project. The agreement with respect to the sewer meter pit at Peregrine Hollow will end in November and Peregrine Partners have been reminded of that. What happens in November when that agreement expires? Does the Town go in and do it? Supv Schug - Absolutely. That goes on their taxes. Well notify them in November that they haven't done it and the Town will get estimates and move on it. Atty Perkins You 've got three houses up there with no CO's right? Those three houses are in the process of foreclosure and my prediction is you'll get your money for the meter pit. They'll need to get CO's for those houses so they can be sold or resold. Cl D Grantham - While we're talking about Peregrine Hollow, I'd like to ask Randy a question or two. First of all, the people on Snyder Hill Road are pretty happy with their driveways. What's the story with the storm sewer, did you figure out what to do with that yet? R Riker - No, but something needs to be done with it. Cl D Grantham - Dave, when we gave the bond back to Varn we had several things I specifically asked you and Don Gilbert to look at. One was the storm sewer and there were a Page 20 of 30 TB 6 -9 -98 couple of other things. You said they were done and Don Gilbert said they were done and they weren't done and we gave the bond back. D Putnam - What was not done? Cl D Grantham - There was no grate on the storm sewer. There is now because the Highway Dept. put it on. There's a big hole around the thing, so even if you can't fall in the storm sewer itself, you can fall in the hole around it. It's not at all okay. D Putnam - I'll be glad to look at them. Cl D Grantham - The other thing is the driveway to the apartment on the back of Reed's house. That was part of what was supposed to have been done by the developer before getting the bond back and you said that was ok. We have spent Town money on fixing stuff that was supposed to be done before we gave the bond back. We probably spent a fair amount of money. With respect to the trees along the edge of Reed's property on Peregrine Hollow Road, the holes were dug and the trees were dropped into the holes. They were never backfilled. ZO Slater - That's not true, Mrs. Reed looked at them with me. Cl D Grantham - Well at the time we gave back the bond they weren't. The trees are fine now, but my point is that at the time we gave back the bond I asked Dave Putnam and Don Gilbert specific questions and they said yes, and actually those things were not done. Now it has cost the Town money because we had to go do it. The storm drain is still not right. Supv Schug - Asked the Board to take a look at the EAF for the Ottenschott matter so that we are fury prepared for the next meeting regarding this. Atty Perkins - Isn't he committed to a certain period of time? Supv Schug - We indicated we would have another hearing this month, but he has never come back or brought us any more information. Atty Perkins - What do you think that he is going to give to you? I didn't think that he was going to give you anything. Does he know you are waiting for anything? ZO Slater - I talked with his attorney's office. They called the other day and wanted to know if they had to have anything prepared for this meeting and I told her it was too late, that I couldn't advertise. She said that they hoped to have new plans by the end of the month. Larry (Fraboni) indicated that they would address the sedimentation issue, for one thing, at Varna Board members - There was also the security issue, screening, etc. ZO Slater - With respect to the EAF, the applicant has to prepare a part one, either in a long form or short form. With this one, there is no question that he has to have a long form. From that you have to determine if you have to do a part two analysis or whether you want to issue a negative declaration. From there you determine if you have to do an environmental impact and have a positive or negative there. It is a long process. Cl D Grantham - This is dated January 15th ZO Slater - That is the original they submitted. Page 21 of 30 TB 6 -9 -98 Cl D Grantham - And they gave us a new one. 0 ZO Slater - No. Jim asked me to copy it and distribute it again tonight so that you all could have it to look at if it was a slow night, but it obviously is not. Supv Schug - We would like to make sure that we are putting forth proper effort and proper time to either grant Mr. Ottenschott permission to use the property as a materials storage yard or deny his application to use the property as a materials storage yard. Do they owe us anything? ZO Slater - If they want to address the issues that were brought up at the Varna session, then they owe us stuff. If they want you to make a decision, then we will. Atty Perkins - Somebody should find out if they are going to submit additional things and this Board ought to set a time to set down and deliberate this thing and make a decision. Cl R Beck - Can we have Henry inform them that based on information we now have we aren't going to grant it, or is that an illegal procedure? Atty Perkins - That's a decision. You can give them the sense of the Board, that this Board really wants to see the following. Cl R Beck - My guess is that he will come to the next meeting and just like the last one, say well, we thought we addressed that. We have to be very iron clad in saying what needs to be addressed. Cl T Hatfield - This guy has made it abundantly clear that he'll see us in Court one • way or the other. We might as well move forward. I thought we would be there today and now he has used this as excuse to delay that proceeding. We all have been sued before, let's get on with it. These decisions aren't difficult to go forward with. We need to sit down and deliberate and go through the same process we do with every other permit that is requested. I think its pretty clear that there are some holes in what they gave us before. I agree with Mahlon, we need to set a date, deliberate, make a decision, and if they want to bring more information to the table to help us in the review process, then fine. If they can't show anything more well go forward with what we've got. How much time do we need? ZO Slater - I need at least nine days lead time to publish and do any business. Atty Perkins - Set a date, advertise, and tell them that if they want to submit additional information, you have to have it by such and such a date. They don't have to have the stuff to you prior to the date you advertise. They have to be notified when we are going to continue the public hearing. ZO Slater - I think we'd all like to have a week to review it. Cl T Hatfield - And its fair to give them a sense of the board. Cl R Beck - That's what I'd like to see. Atty Perkins - My concern is that even if you continue it for example on June 23rd, if they submit a lot more material, you may not be in a position to make a decision that night and it may be put over another two weeks. lei Page 22 of 30 TB 6 -9 -98 Supv Schug - Tell them that if they are going to present anything different to have it to us by the 16th. Cl D Grantham - I will be gone the week of the 22nd and 29th, and if possible I'd like to put it off until the first full week of July. ZO Slater - I will not be in Town the first week of July. After discussion, it was decided to have the Adult Entertainment meeting on June 23, 1998, and hear the Ottenschott matter in Varna on July 7, 1998, and introduce the proposed Local Law on adult entertainment. A public hearing on the Local Law could be had on the July 14 Board Meeting, adopt the Local Law and have it filed with the Secretary of State by July 20. Atty Perkins - Let's get back to Ottenschott. If you hold a continuation of the public hearing and deliberative session on July 7, that hopefully will give us time to prepare findings for you to adopt and make a decision on the 14th. ZO Slater - presented a SEQR for the Zoning Ordinance Amendment which was heard tonight and it was reviewed by the Board and discussed. RESOLUTION # 146 - SEQR NEGATIVE DECLARATION OF ZONING ORDINANCE AMENDMENT RE: TELECOMMUNICATION TOWERS Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board issue a negative declaration based on the SEQR review. This is an unlisted action and the Town of Dryden is the lead agency in uncoordinated review. The supervisor is authorized to sign all necessary documents. 2nd Cl R Beck Roll Call Vote Cl R Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl D Grantham Yes RESOLUTION # 147 - ADOPT ZONING ORDINANCE AMENDMENT REGARDING TELECOMMUNICATION TOWERS Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that the amendment to the Town of Dryden Zoning Ordinance regarding telecommunications towers and known as Subsection 5 of Section 500 as presented and published is hereby adopted by this Town Board and the Town Clerk is directed to publish and post the appropriate Notice of Adoption. 2nd Cl D Grantham Roll Call Vote Cl R Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl D Grantham Yes Page 23 of 30 TB 6 -9 -98 Supv Schug - With respect to the transfer of the existing business for Patrick Kennedy, there were no comments and nothing has changed and Henry has recommended that it be approved with the same pre - existing conditions continued. Cl D Grantham - We should add something about unobtrusive lighting and trash. RESOLUTION # 148 - APPROVE TRANSFER OF BUSINESS TO PATRICK KENNEDY Cl C Hatfield offered the following resolution and asked for its adoption: RESOLVED, that the application for transfer of an existing business by Patrick Kennedy is hereby approved, the conditions of the previous permit shall apply to applicant and in addition, lighting shall be unobtrusive and appropriate provisions made for trash removal. 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 - I was pleased to see so many of the neighbors here for the Boutros matter and that they seemed more agreeable. We need to make it clear that she will have to supply whatever testing is necessary for the sanitary sewer check and comply with all rules and regulations by Bolton Point. We know shed have to comply with the handicapped accessible rules and all that. ZO Slater - The boiler plate covers all that. You have to abide by all rules and regulations applicable to the site and the project. Cl D Grantham - I think we should be more specific with this. When you send a notification to the County Planning Dept. do they make a decision for all the agencies that might have an interest or should you be sending a notification to Bolton Point and so on? ZO Slater - 239 L & M states that in a case like this you send it to the County Planning Dept and it is up to them to poll any other person unless we specifically identify an agency. Supv Schug - There is no sign proposed. If there is one obviously it's a right if she conforms to regulations. Cl D Grantham - One of things mentioned is that her proposed driveway is on the highway turnaround. ZO Slater - Her parking lot would be off that spur. Randy Riker viewed plan. Cl D Grantham - The autoclave should be a condition. The drinking water samples can be sufficiently disinfected with chlorine bleach, but I don't believe that either the filters or the sewer sludge can be sufficiently disinfected with bleach. They need to be autoclaved because they are solids. Page 24 of 30 TB 6 -9 -98 is Cl R Beck - Is this something that is regulated by someone else or are we responsible for it? If they are licensed by EPA is that all covered? Cl D Grantham - No, only the drinking water testing is covered by EPA and that's why I brought up the sewer sludge. I don't believe that's licensed by anyone and I am concerned that that get sufficiently sterilized. I think they're looking at some new kind of testing and I'm concerned that it get sufficiently sterilized. I'm told autoclave takes care of that, the microbiological stuff. ZO Slater - We need to make it a condition that any archival samples when disposed of are done by a licensed hazardous waste hauler. Stormwater is an issue and she has to demonstrate that she doesn't increase runoff after the parking lot the rate of discharge beyond what it was prior to the installation of the parking lot. Item #7 in our boiler plate. It is covered there. The Environmental Assessment Form as submitted was reviewed by the Board item by item. It was determined that the amount of land affected was 1/2 acre, not 16 as stated on the form, and that was corrected. RESOLUTION # 149 - SEQR NEGATIVE DECLARATION - BOUTROS Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board issue a negative declaration based on the SEQR review. This is an unlisted action and the Town of Dryden is the lead agency in uncoordinated review. The supervisor is authorized to sign all necessary documents. 2nd Cl C Hatfield Roll Call Vote Cl R Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl D Grantham Yes RESOLUTION # 150 - APPROVE BOUTROS SPECIAL PERMIT Cl D Grantham offered the following resolution and asked its adoption: RESOLVED, that this Town Board approve the special permit application of Susan Boutros for a microbiology laboratory at 24 Oakbrook Drive with the 1 -98 boiler plate conditions" and further subject to the following conditions: 1. Lighting be unobtrusive; 2. Contact the Chief Operating Officer at the Ithaca Wastewater Treatment Plant and discuss with him the nature of her operation and determine whether she needs to meet any special requirements of the Local Laws applying to discharge of wastewater and provide the Zoning Officer with a copy of the response of the Chief Operating Officer; 3. Comply with regulations of Bolton Point; 41 Use an autoclave for sterilization of those items not sufficient sterilizled by chlorine bleach. • 5. Hazardous waste /archived samples be removed only by a licensed hazardous waste hauler. Page 25 of 30 TB 6 -9 -98 6. Address the stormwater runoff. • 7. Come back to the Board for any proposed changes. 8. Dumpster for trash to be hidden/ screened. 9. This permit is issued only to applicant and may only be transferred by approval of this Board. 2nd Cl C Hatfield Roll Call Vote Cl R Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl D Grantham Yes I Supv Schug - With respect to the roof pricing, the rubber sheet for the top is in the neighborhood of $90,000 and we can't find out what the weight would be on top of the existing roof. It looks like it would be cheaper to replace the roof - $70,000 to $80,000. After discussion, it was determined that specifications be prepared by our Town Engineers for removal of the roof on the highway barn and installation of a new roof and that the matter be put to bid. RESOLUTION # 151 - HIGHWAY ROOF REPAIR / REPLACEMENT Cl D Grantham offered the following resolution and asked for its adoption: RESOLVED, that the Town Engineer shall prepare bid specifications for the removal 1W and replacement of the roof of the Town Highway barn and after those specifications are prepared, bids be obtained for the work according to specifications. 2nd Cl T Hatfield Roll Call Vote Cl R Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl D Grantham Yes The petition presented by Ken Finklestein on behalf of residents of the hamlet of Varna was discussed. RESOLUTION # 152 - REQUEST LOWER SPEED LIMIT ON ROUTE 366 IN VARNA Cl D Grantham offered the following resolution and asked for its adoption: RESOLVED, that the Town of Dryden hereby requests that the speed limit on Route 366 currently posted at 40 miles per hour in the hamlet of Varna be lowered to 30 miles per hour, and that the 45 mile per hour section east of Varna to the State Police Headquarters be lowered to 35 miles per hour, and it is further RESOLVED, that in order to provide for the safety of children boarding buses along Route 366 between Game Farm Road and the State Police Barracks, the Town of Dryden hereby requests that appropriate signs be placed on that section of roadway, and it is further Page 26 of 30 TB 6 -9 -98 • RESOLVED, that the Town Clerk forward a certified copy of this resolution to the Tompkins County Highway Superintendent. 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 advised the Board that it was necessary for them to sign an agreement forwarded by the State to spend Town Highway funds. Town roads and the amount of funds to be expended for each is detailed in the agreement. The agreement was signed by the Board members. Supv Schug - Explained that the truck previously used by Don Gilbert is ready to be put out for bid and suggested a minimum bid of $14,500.00. The truck has 57,000+ miles on it, a 1996 Chevrolet pickup. RESOLUTION # 153 - SELL 1996 CHEVROLET PICKUP Cl R Beck offered the following resolution and asked for its adoption: RESOLVED, that Town shall offer for sale at a minimum bid of $14,500 a 1996 Chevrolet pickup truck, and take the appropriate action to complete the sale of the same. • 2nd Cl C Hatfield Cl C Hatfield Roll Call Vote Cl R Beck Yes Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl D Grantham Yes Supv Schug explained that the Town also has a 1988 Dodge Ram pickup truck, 6 cyl, that they would like to sell at a minimum bid of $1,000. RESOLUTION # 154 - SELL 1988 DODGE PICKUP TRUCK Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that Town shall offer for sale at a minimum bid of $1,000 a 1988 Dodge pickup truck, and take the appropriate action to complete the sale of the same. 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 - We have bid out the concrete pipe for Hile School Road and we would like to order the pipe so that it will be on scene when the permit opens up to work in the creek. The low bid was $27,495 by Lakeland Concrete Products. • Page 27 of 30 TB 6 -9 -98 RESOLUTION # 155 - ACCEPT BID FOR CONCRETE PIPE - HILE SCHOOL ROAD Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board accept the bid for concrete pipe by Lakeland Concrete Products in the amount of $27,495.00 and take the necessary steps to procure the product and pay for the same. 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 indicated that he had two letters from Deputy Highway Supt. Randy Riker, one with respect to the Highway Chain of Command, notifying you that James Schug is next in line to be Deputy Highway Supt and in the event of his absence then Charles Hatfield shall be next in line. In the second letter, which the Board members have copies of, Randy is asking for assistance in hiring an Assistant Deputy Highway Supt. He requests that two members of the Highway Committee, Ron Beck and Tom Hatfield, assist Randy in interviewing and hiring someone. The position will be advertised in the newspapers, and posted in the Town Hall and Town Garage. The salary will be $16,500.00 for the six month period ending December 31, 1998. Randy will assist with the job description. RESOLUTION # 156 - TRANSFER $16,500 TO PAY SALARY FOR ASSISTANT TO DEPUTY HIGHWAY SUPERVISOR Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the transfer of the sum not to exceed $16,500 to cover the salary for an assistant to the Deputy Highway Supervisor through the end of December, 1998. 2nd Cl R Beck Roll Call Vote Cl R Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl D Grantham Yes Supv Schug - You have the ambulance calls. You have a letter from Ms. Hibbard regarding the Ottenschott matter. That is made a part of the minutes by reference and the original will be placed in the appropriate file. We have previously requested that anyone interested in serving on the Tompkins County Water Resource Council. Marshall Taylor offered a great resume and the Board felt he would be a good person to serve in this capacity. Cl D Grantham - noted that this is not a voting position because we do not have a water resources council in our Town. She will talk with Marshall and bring a resolution to the board to form such a council. Page 28 of 30 TB 6 -9 -98 • RESOLUTION # 157 - APPOINT REPRESENTATIVE TO WATER RESOURCES TECHNICAL COMMITTEE Cl D Grantham offered the following resolution and asked for its adoption: RESOLVED, that this Town Board appoint Marshall Taylor as its representative to serve on the Water Resources Technical Committee for Tompkins County. 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 - With the respect to the proposed contract for joint cable negotiations we are talking about a cost of three or four thousand dollars. We can take another look at this before we vote on it. Cl D Grantham - Feels it is a good idea to join the group. Cl T Hatfield - Feels we should negotiate independently and that joining the commission would be a waste of money. Dryden will require different things than the City of Ithaca. Cl R Beck - If we can't manage what we want on our own, we can always join later. • Supv Schug - We don't have to make a decision tonight. Think about it and well address it at the next meeting. Board members have copies of the Justice Department Report. Budget to date expenditures are available for review. Abstracts were reviewed. RESOLUTION # 158 - APPROVE ABSTRACT # 106 Cl D Grantham offered the following resolution and asked for its adoption: RESOLVED, that this Town Board approve Abstract # 106 as audited, Voucher #532 through Voucher 621, for a total of $1522187.79. 2nd Cl C Hatfield Roll Call Vote Cl R Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl D Grantham Yes Cl D Grantham - wondered how we were doing obtaining easements for the trail from Dryden to Freeville. • Supv Schug - We lack one easement, and are working to obtain that. Page 29 of 30 TB 6 -9 -98 Janet Morgan - Inquired about the VCA's request for assstajtce with the parking lot . and the status of that. Supv Schug - Geoff came in and finally gave us a map. We need to determine the cost of digging it up, the required amount of stone, etc. Well get together the information and get back to you. Adjourned to executive session to discuss litigation and personnel at 12:05 am. Respectfully submitted, N4�'41 Bambi L. Hollenbeck Town Clerk Page 30 of 30 • • NOTICE OF ADOPTION PLEASE TAKE NOTICE that at a regular meeting of the Town Board of the Town of Dryden, Tompkins County, New York held on June 9, 1998, the Town of Dryden Zoning Ordinance was amended. The amendment is to Subsection 5 of Section 500 of such Ordinance which was amended to read as follows. "5.(A) Public utility 'facilities (other than buildings) including electric poles, lines and transformers, natural gas pipe lines, telephone poles and cable, cable television and their distribution facilities and necessary appurtenances thereto, shall be allowed uses in all zones. (B) Public utility buildings and substations shall be allowed uses in the M -A zone and shall be allowed uses by special permit in all other zones." r (C) Telecommunications towers and necessary appurtenances as defined in the "Telecommunications Tower Siting Law for the Town of Dryden" shall be sited as provided in such local law,** This amendment provided by law. DATED: June 10, 1998 shall take effect after publication and as Bambi L. 'Hollembeck Town Clerk c1 M NOTICE OF ADOPTION PLEASE TAKE NOTICE that at a regular meeting of the Town Board of the Town of Dryden, Tompkins County, New York held on June 9, 1998, the Town of Dryden Zoning Ordinance was amended. The amendment is to Subsection 5 of Section 500 of such Ordinance which was amended to read as follows. "5.(A) Public utility 'facilities (other than buildings) including electric poles, lines and transformers, natural gas pipe lines, telephone poles and cable, cable television and their distribution facilities and necessary appurtenances thereto, shall be allowed uses in all zones. (B) Public utility buildings and substations shall be allowed uses in the M -A zone and shall be allowed uses by special permit in all other zones." r (C) Telecommunications towers and necessary appurtenances as defined in the "Telecommunications Tower Siting Law for the Town of Dryden" shall be sited as provided in such local law,** This amendment provided by law. DATED: June 10, 1998 shall take effect after publication and as Bambi L. 'Hollembeck Town Clerk c1 PLEASE PRINT Name sctsan de� �J O>l J')9:5 k1 n TOWN OF DRYDEN Town Board Meeting June 9, 1998 Address wee: e�ef oe /y L!� `�e U �� ll 7 q / G .� e4L 414 ca Wa Uj IQu /NS � \1, E 6, . ..6 o x �IJ 7 '. 0 X. e/ 0 M 6� 6 � 4Q,� Ind_ 1� 7i l ;ff3 >0d /97-L&Jj O y / Y F S-D w4 e�& kle ck _ c4-c.t- /o% < YSJO ;1a . VI�1SL -_D�- tlzl v( T 17 Dry dam,,. d . a TOWN OF DRYDEN • Town Board Meeting PLEASE PRINT Name i.�tLl.dw+� Fw 541 lwel�l 0 June 9; 1998 Address