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HomeMy WebLinkAbout1999-06-08TS 6-8 -99 TOWN OF DRYDEN TOWN BOARD 11?EETJNG June A 1999 The meeting was called to order at 6:38 p.m. by Supervisor Schug. Members and guests participated in a moment of silence followed by the pledge of allegiance. Roll call by Town Clerk Bambi L. Hollenbeck proved the following in attendance: C1 C Hatfield, Cl Grantham, Attorney Perkins, Supervisor Schug. Cl Beck and C1 T Hatfield arrived late. CITIZENS PRIVILEGE OF THE FLOOR Peggy Walbridge - Distributed notes from the meeting that Jack Bush, Cl Beck, and Supv Schug had with her and her neighbors. She has e- mailed copies to various people. She thanked Jack for coming and starting the dialog and thanked Supv Schug and Cl Beck for coming. She is hoping that there will be more talk before any road work is done and inquired about the update on the agenda. Supv Schug - Jack can give you that update now. Jack Bush - Basically I was just going to let the Board know what you already told them. What I am going to do is going to be kind of an experiment. I got a copy of a map from the County and what I am going to attempt to do is actually drive over Hunt Hill Road and identify all the areas that I want to do the work in and address specifically the homeowners of those parcels and write a letter to them. Hopefully that will help clear things up as to what I specifically want to do on the road and then give them the opportunity to respond to that. P Walbridge - What kind of time frame do you see for the work? J Bush - It's going to be in Fall. Well get some preliminary work done. The way things are going it is getting pushed back further. We have plenty of other work to do while we go through this process. If we have to well patch up those bad areas for now. As far as tree work and the drainage, I want to take Dave up there and get some input from him and see if he has any suggestions. I'll let everybody know from there. P Walbridge wondered what the lines marked on the road were and was told they were UFPO's ordered by someone, that the Town had nothing to do with those. It was not related to town work. P Walbridge - The section of road with the potholes is the section that Don Gilbert about 10 years ago put a huge sum of money into, trying to stabilize the road. P's neighbor - One of the things about that stretch is that it is pretty well drained and it pitches down hill consistently, the ditches are pretty open there and I've never seen in seven years much water there. The soil map indicates that it is mud and clay. J Bush - Has taken soil samples for the whole road. They do core samples at so many different intervals all across the road and then find out exactly what it is in the ground. This will aid in the stabilization process. P's neighbor - Thanked Jack, Cl Beck & Supv Schug for coming out to meet with the neighbors. • Page Ioft8 J J TB 6-8 -99 Supv Schug - Glad to do it. It's a pretty road, but it could also be dangerous the way it is laid out. Joyce Gerbasi, Dryden's representative to the Environmental Management Council - The DEC is drawing up new rules for all the NYS Forests. Hammond Hill falls into that category. There are rumors that they are trying to make the new rules be "one size fits all ". These new rules will involve what kind of vehicles, people, horses, llamas, snowmobiles, etc are allowed to use the forest; whether they will share the same trails; whether there will be fishing, hunting, etc. If there is hunting, will the type of hunting or times be different than they are now. If anyone has any thoughts on this they should contact the DEC. The EMC is doing a resolution to forward to the County and to the DEC which will contain wording to the effect that any town that has state forests within its borders should have direct input into what goes in there. The DEC has not contacted the municipalities, so the municipalities will need to contact them. Supv Schug - We have cross country skiers that work up there, we have trail hikers there, runners, motor bikes, horses. They have all tried to work together along with DEC. Just about everything you can think of happens up on that hill. Part of it is the Finger Lakes Trail where the hikers are going through summer and winter. There is a lean -to up there and we have helped Cayuga Nature Center by levelling some of the field for parking in the winter time and they've built a nice spot up there, a lean-to and a small cabin where people can warm up. They have classes up there. J Gerbasi - Some people feel that 4- wheelers or bikes and motor bikes should not be allowed because of the trail destruction that they cause. Supv Schug - We'd like to be kept advised of what is going on, but it's a little hard to be opposed to or in favor of something that you don't know anything about. • J Gerbasi - And they have not drawn up a draft yet. They are looking for input at this point. The other thing we need to revisit is the method of how people join the EMC. When the EMC was first started it was state funded and each municipality was expected to appoint at least a three member conservation advisory committee and out of that CAC they were supposed to appoint one member to go to the County for Environmental Management Council. The CAC was supposed to advise their own municipality and the EMC was composed of every municipality plus some at large members. Over the years most of the CACs have fallen apart. We now have on the EMC municipal appointees (one from each municipality, 16), plus some at large members, plus associate members, plus ex- officio members and has grown to 42 members at this point. The state funding has been withdrawn and it is now all county funded. There is a committee of the county which has been investigating all the advisory boards and simply feels the EMC is too big for them to continue. The postage alone is expensive. They also have stated, though no specifics have been given, that there has been an occasional complaint from a municipality that their representative is not representing them at the EMC. What the County committee has suggested is that instead of each municipality appointing a member to the EMC, unless they still have a CAC or choose to appoint three people to a CAC, that the municipality representation should be dropped and that the County Board would appoint 16 at large delegates, minus the number appointed in the old way. This would mean the County Board of Representatives would be appointing the entire environmental management council with no say from the majority of municipalities. They would also eliminate some of the ex- officio positions and some of associate members. This would bring membership to 28, and they feel that is more manageable. Some of those would still be associate members. Now there are 16 municipality members, 10 at large, 6 ex- officio, 8 Page 2of18 TB -8 -99 associate and two student. There frequently are times when all muxuicipalities are not represented. She requested that the town pass a resolution either suggesting that they continue to appoint a municipal representative on their own and that this should continue to be the way the EMC is set up, or allow the County Board to appoint everyone at large. Cl Grantham I think we need municipal representation. Supv Schug - I agree, and wish th,c County Board was here to hear this. This group does a good job with the soils, wetlands, etc_ Maybe we don't need quite as big a group, but we should appoint our own representative, otherwise the County will have agroup of people that will do whatever the County wants them to and it will fall by the wayside_ J GerbaSi - Feels that part of this has to do with the Lake Source Cooling issue. The EMC has been treated consistently in the Journal as opposing it_ They were not ahle to confirm or appose it, because they had 6ifficulty getting the information they required to make a decision. The County ended up being the loaning agency instead of the student dormitory, which gave the County $2 5 0,000. Some members of the board were not happy because the EMC was trying to stall approval until more information came in. The County is suggesting 5 at large voting members, 15 municipal representatives, I ex-officio who would be the liaison between the Conaty Board and the EMC, about 8 associate non- voting members and 2 non-voting student members. The EMC is suggesting 16 reps (1 from each municipality) plus some at large merabem, who bring same very special knowledge. RESOLUTION # 13 - MUNICIPAL REPRESENTATION ON ENVIRONMENTAL MANAGEMENT COUNCIL Cl Grantham offered the fnliowing resolution and asked for its adoption; RESOLVED, that this Town Board hereby urges the Tompkins County Board of Representatives to maintain municipal representation on the County's Environmental Management Council, and that each muni ipahry shall appoint its representative to said Environmental Max Bement Council without need of a local Conservation Advisory Council, and f a-ther that a number of at large members should be maintained. Did Cl C Hatfield Roll Call Note Cl Beck Yes Cl C Hatfield Yes Cl Grantham Yes Supv Schug - Well send a copy of that resolution to the Chair of the County Board and to all three of our representatives. Upon motion by Cl C Hatfield, seconded by Cl Grantham, and unanimously carried, the Zni nil tes of the meetings of May 11, 1999 and May 18, 1999 were approved- COUNCIL PRIVILEGE OF THE FLOOR Supv Schug asked if there was any comment regarding the Code of Ethics. Cl Granthatra asked if it had been distributed to all employees and was told that it had been. Supv Schug doesn't feel that there is anything that needs to be changed. Page3of18 TB 6=8 -99 ATTORNEY Snyder Hill Court - Would Tike Jack Bush present for this discussion. 0 Youth Recreation - No change, no report. Telew - No report, I have started working on it today. Supv $chug - I sent Mahlon a notice we received from Coluxabia Natural Resources about some well drilling, and grit you all a copy. This is a, courtesy that they sent to the Town, Atty Perkins - Actually it is in Ag llrnent of a statutory obligation. n, Schug - Is there anything we could do or shou14 with this information? Atty Perkxas - Only if they cove up with marketable product on the second snap there because it seems like the bottom of the hole is right underaeath Gulf Hill Road, which I drink is a town road. Cl C Hatfield - They are drilling at an angle and it will be 7000' underground. upv Schug - If they find oil or gas, they'll have to pay a royalty to the Town. So we need no action? Atty Perkins - No. With respect to the Zoning Orclinance, I have spoken with Kevin about what we need for a map and he is wor]dng on that. 13 Hollenbeck - Received a PAX from Suzanne Etherington of SARA and she has requested that we pass a, resolution {distributed} and forward it to our legislators because the organization that funds our records grants has a surxset of December 3 1, 2000 and they would Eke it eliminated altogether. RESOLUTION # 13,5 - RES DLUTION OF SUPPORT FOR THE ELIMINATION OF THE SUNSET PROVISION OF THE LOCAL GOVERNMENT RECORDS MANAGEMENT IMPROVEMENT FUND ( GRMW) C1 Granftam offered the following resolution and asked for its adoption= Whereas, the Local Government Records ManaWment Improvement Fund was created in 1989 to provide technical assistance and grants to establish, improve or enhance records management programs in New York's more than 43 local governments, and Whereas, a sunset date for the LGRWRF was established ixi the original legislation to permit is operation as a five year experiment, and Whereas, the LGRMlF upexated successfully and supported essential advisement and grants projects to improve the rpaiiagement of records and information in local governments, and Whereas, the New York State Legislature in 1995 extended the sunset date to December 31, 2000, and Nge4of19 TO 6 =8 -99 Whereas, the Lt: RNUF and the programs it supports continue to operate at a. high standasrl i3f excellence and provide dixect and significant benefit to local governments at no cost to the taxpayers, and Whereas, the Town of Dryden has benefited from technical assistance_, training, publications and grants totalling $14,781 supported by the LGRMF, and Whereas, the LORNOF continues to be critcally i octant in the fulfillment of the many Records and information related resporisibilWes of the Town of Dryden, therefore BE TT RESOLVED that the Town of Dryden supports the elimination of stud sunset provision of December 31, 2000 in artier to make the LGRA11F permanent. 211d C1 Beck Roll CaU Vote Cl Beck Yes Cl C HatEeld Yes Cl Grantham Yes $ Hallenbeck - Deputy Clerk/ Tax Collector Liada Woodin who works Saturdays has rued. Suggested that the, Board examuw the need, for the Clerk's Office to be open on Saturday moraing. The offiae is open *ova 9 a.mn to 4:30 p.m. through the week. Essentially it is open at 8;00 a, m., because Nita takes care of anyone who comes in prier fa 3:00 a.m, the feels it may be necessary to be open at least some Saturdays in January for tax collection, but otherwise looking at it from a businessperspective there isn't enough mi come generated on a Saturday morning to pay Linda's wages, upv Schug - She also didn't like working alone on Saturdays. Even though the paramedics may be in the bade, it is a long way from the front. If you think it is worthwhile to opts, the Clerk's Office on Saturday, we could advertise and do it the same weekend that the Zoning Officer is open (the 2nd Saturday of each raonth)_ Pta not sure that we should have to keep it open, B Hallenbeck - Most thing that we do you cart take care of by mail, We need both people to come in for a arri ol age license and when I've offered to meet them after hours because they claim they cant come in, they usually make time to come in during office hours. Supv Schug Why don't you get some information together before the next board meeting and well decide what we are going tD do. EN INEEM G upv Schug - Dave, I had you clown for the new well for >i kigerilakes Aquacultme_ Mahlon has that and I just sighted it. He says its okay, so that is set, We bid out the painting for the old water tars behind NY EG axid opeged them yesterday. The range was from $965000 to $159,000, D PLktnam - I have checked out the low bidder, and no one had anything bad to say about them_ They have been in business a long time. I feel we should award the bid. Banc when this all started, iv September of 1995, I wrote a letter that said if we can get the tank Painted for $120,000 plus a few design modifications, speci9caltions and preparation of the documents for total 140,O00 that a should do it and the tank would be well worth saving for that amount of money. If it was any more than that that we should lank at just Jetting it disintegrate. So were way under that_ Page 5 of 18 TB 6=8=99 Supv Schug - Is there anything about radio signals . , .. D Putnam - No that's hal&my down the hill, balfimy down to I'IY E , and I still working on that- We met with Motorola a week and a half ago trying to came up with another solution to the telephone problem therer upv S chug - I 1cxo you haven't had the information long, but we started tallang about this two years ago, The morxey has been in the bxxdgat, shared between the fDur watex districts that use the tanks, The money is there. CI C Hatfield - When are they going to be doing this? D Putnam - We told them they had to start after the first of July and be done by the first of September, RESOLUTION #136 - ACCEPT LOW BID FOR PAINTING OF NYBEG WATER TANKS Cl Grantham offered the following resolution and asked for its adoption: WHEREAS, an invitation to bid was properly published in The Ithaca Journal on May 21, 1999, and buds were received and opened on June 7, 1999 at 4:00 p.m. as follows: R. DeVincentis 965132.00 Blasatco, Inc. 118,135.00 AMSTAR 1 25,9 20.00 Corrosion Control 1267920.00 Global Contracting 130,063.00 Atlas Painting 140,800.00 RM bill 154,120.00 Allied Painting, Inc 1540200.00 Marine Steel Painting 1590000,00 AND WHEREAS, after exanyi,nwion it appears that R- DeVincentis is the lowest bidd -er meeting specifications, NOW, THEREFORE, BE IT RESOLVED, that this Town Board hereby awards the bid for painting the NY SEG water tanks to R DeVincenbs in the amount of $96,132.00, 2nd C1 C Hatfield Roll Call Vote C1 Beck Yes C 1 C Hatfield Yes Cl Grantham Yes Cl Grantham gave Dave Putnam itxfbrmation about a workshop to be held on June 2%5 on stream bank restoration, There is no charge for the workshop itself. 1 Grantham - inquired about the raw wvell for Fingerlakes Aquaculture. Supv Schug -The well has been drilled, They came in and we lc w about that prior, Dave h,ad talked to them and they were tales about chax ing the size of the pipes under the road. He wanted to change some things in the contract that Mahlon had given him- Mah1an just reviewed the contract that the guy signed so that they can get water because tine well is Page 6 of 18 TB 6 8 -99 really across the road. We approved it a while back and did a resolution, and I just signed the agreement. 17 Putnam - His question to me was whed3er he could downsi the pipe ar�d where I got the pipe size. I said I gat it from his drawing and told him downsize it if you want to, I just don't want to go through the process again, Cl C Hatfield asked how much water they gat and D Putnam said he guessed about 25 or 30 gallons per minute. ZONING Olj`FI ER ,O Slater - You have the monthly report_ I checked on Advanced Moving and Storage and as of today they have not begun to physically work on the driveway to AbbGtt Road. I know that ,Tack and Dave and John Surress met and have a game plan and he was just waiting to award a contract. June 30 is the deadline for completion, otherwise they've got to come back and talk to you about an extMsion. I will remind them, I visited Mr, Ottenschot's and it appears that they are watering and caring for the trees that they have.pLmted in conformance with the plan. In fact they planted more trees than required. I measured the trees and they are 4 to 6 feet in height and were pled S to 10 feet apart_ The gate is locked and kept secured and the fence is in place. C1 D Hatfield - Did they trove the fence? O Slater - i'lo, not that part. I donut know if Dave has had any contact from x'_ Ottenschot as directed. I did tally to hixa about it and notify him in writing, both byF normal mail and registered mail. As usual the registered mail came back because he doesn't claim registered mail, it is not his policy. I visited Mark Bell's place because they advised me yesterday that they ha,d.preity.much completed everyt}-+ing. The only thing they haven't done is plant t1leir berm plantir . They are trying to get some species of plantings that conform to what DOT will allow them to put there (anything that will give war if a car hits it) and is resistant to salt and road dirt. Jon Bradley from the village of Dryden is workLng on that and he used to own and operate a nursery, so he should come up with a solution. The parking lot is all striped out and consistent with the variance. The planters are filled and_planted. The V A put the_glantings in. The V A building is sort of at stand still although they seem to be doing some work on the parking lot. They have a base in. They are startEng to cut forward to Route 366 from Mark's side of the driveway, but to my knowledge they still don't have a permit from DOT to cut to the mad_ I have -no clue where that is going, i understand they are having a grand re- opening this weekend. They need to do some stuff with me if they really want to do that. I tried to look up Mr. Skaley today, but was not successful. Project Impact, though I think it is moving slaw, the State Emergency Management Organization tells me we are way ahead of the other three municipalities that were selected for these programs. On May 12 we p2irdeipated in a computeriedzprogram that the State Emergency Management has and came up with a. priority list for emergency situations that need premezcergency mitigation that would help deflect a flood or keep a flood from damaging certain properties, keep a fire from spreading, earthquakes_ We looked at everything you could think of including pl%rae and drought. The findings were that the list that the computer came up with was nearly identical to the list selected by hand by the group of people participating. We are meeting aga next Wednesday and Shope to start mitigation plannin in g, Page 7 of 18 TB 6 -8 -99 Cl Grantham asked if ZO Slater had received anything new on Lucente and was told that he believes that he has everything now that is necessary to tuna this back to the various boards and he is assembling a package to go to the Planning Board and the Town Boaxrl, The Plannmg Board will review the S EQ.R and the general project on June 17 9with the idea of Ong a recommendation to the Town Board on where to go, Cl Grantham — Will you have a list of everydii g that was submitted in support of this application because presumably you won't send out stuff you have already sent out, O Slater- We will take those prior lists and make them attachments so that you know that you should have these already in your inventory and now what I will be having is one more comment from the County Pla=� Board and primarily correspondence from Dave Putnam and DOT from Syracuse. There is aixrut six different inclusions. There is a Tww project report from Bob Harney of Delta Engineering, new site map which is primarily the same as the site map you saw on March 9. It really hasn't changed a lot in all honesty, CL Grantham- Did the DOT see their entire tx3ffic analysis? O dater - Yes, there is a, correspondence that asks for a revision, and as are sponse to that a March 23TdEdition of the new and dal traffic analysis was sent to DOT. I have a letter dated June 2 that says that they are satisfied with that and that they donxt feel that the project vnU have any impact on a sting conditions of Route 366. That's what DOT's bottoin line analysis IS, a s. It's going to take some time to put that together, but I will have it done this week_ I took the May 21, 1998 public hewing and went t}xrough it and underlined a, lot of stuff in the minutes and aketched notes as to the issue, problem, or whatever so that you won't have to read every word, but will be able to read what's important and find the issues and then see what the response should be. The DOT and MC, there is a SPEDES permit necessary, County PlanrAxig, the Town Board and the Planning Board are mi volved, The Army Carps said they have no interest in the project, Cl Grantham - DEC is for the pond? O Slater - I am riot totally prepared to comment who the player for the creek is, DEC has same involvement, but very little, Supv Schug - When the Plan,� Board Wives us a recommendation, and we move forward, chances are what we'll do is have that hearing ifl Varna. PUBLIC HEARING RMS GRAVEL, INCa PROPOSED FRANCHISE Supv Schug opened the public hearing ail 7;40 p_ra. Arid explained that RMS gavel, I-ne, would like to put a 12 foot culvert under Mott load with a conveyor in order to move material from one side of the road to the other without the necessity of heavy equipment on the road. A franchise agreement will be necessary betweela WS and the Town. Supt/ $chug - What we will probably do is shut down Mott Road between Cady Lane and Hart Road- There are no homes in that stretch_ Well notify the fire. companies and schools. J Bush - I'll do that. As a matter of fact when (hey do that, there is another pipe that we want removed and we take care of it all at the same time_ 0 Page 8 of 19 TB 6 -8 -99 Michael Lane - Does the agreement provide for what happens when the operations are ® completed and is there any way to insure if, for example, the company went bankrupt, that there were funds to rebuild it? Supv Schug - There will be cash put in a bank account. Atty Perkins - There is a requirement that the franchisee deposit with the Town a.sum of money equal to one half of one percent of its annual gross revenue until there is $40,000 in an account to be held for that specific purpose. Supv Schug - What we figure is the $40,000 within a few years based on what Roy has been doing that the interest will keep piling up over the years and if he goes out of business or someone else buys it or whatever happens, there should be more than enough money. The bank account is in the Town's name, but if Roy decides to close up and puts the road back the way it was, then he gets the money back. Atty Perkins - I just have a few very minor technical comments just so that it is clear. The hearing really is on a draft of December 2, 1996, if you want to give this thing some historical perspective. So it should be dated today, because if the Board approves it after the public hearing it will be effective today. It was originally intended that it would be issued coincidental with the mining permit for the south mine which he already has. So it should say that it begins today following the issuance of the permit, or tomorrow. In paragraph 4 we'll have to insert that a public hearing was held on June 8, 1999. In paragraph 6A Mr. Reeves has requested that the language be reworded slightly. When mining permits expire DEC isn't always quick to renew them because of administrative backlogs and delays and so forth, so they let you operate under your existing permit, unless they tell you that they are not going to renew it or they are going to renew it with significant modifications. Following that discussion I ® came up with the following language which well use if its satisfactory to Mr. Reeves: 'The miningpermit issued by DEC expires and DEC notifies R.MS or the Town that such permit will not be continued pending renewal by DEC" That in other words would be that which triggers the expiration of the franchise, the notice that the permit is not going to be continued or that it is expired and not renewable. It is just a change in wording, the same intent. If in fact there is a larger culvert to be installed, Dave will redo the plans and we'll have different date under paragraph 5B. Currently we are operating under a plan profile dated June 24, 1996. Under paragraph 8, Legal Performance Guarantee, subparagraph C, the first payment would commence on April 15, 2000 instead of April 15, 1997. Of course it needs to be signed by the Town by the Supervisor and the Deputy Highway Superintendent. Those will be the only changes from the December 2, 1996 draft. It can be signed as soon as Dave has plan and profile dates. Supv Schug inquired if anyone had any questions and there was no response. Supv Schug - To the right hand side of Hart Road as you face the road is where Roy is going to start mining, on George Junior property. Mike Lane commented that the conveyor is a good idea as opposed to trucking across the road. Cl Beck - Inquired what the time frame was. R Reeves- They will install the culvert this year and the conveyor in the Spring. The first area they will mine will be on the other side of the woods. ® Public hearing closed at 7:55 p.m. Page 9 of 18 TB 6 -8 -99 Supv Schug - III entertain a motion to approve the franchise with the changes reviewed • by Mahlon. RESOLUTION #137 - APPROVE RMS GRAVEL, INC. FRANCHISE Cl Beck offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the Franchise for Under Highway Culvert and Conveyor for RMS Gravel, Inc., as amended, and the Supervisor is authorized to sign the same. 2nd Cl C Hatfield Roll Call Vote Cl Beck Yes Cl C Hatfield Yes Cl Grantham Yes DEPARTMENT OF PUBLIC WORKS Town Hall Air Conditioning update - 2 quotes have been obtained, one for around $10,000 and the other is over $20,000. Atty Perkins - Have we had an engineer spec out what the requirements should be or are these just proposals made by people that sell the stuff? Supv Schug - We haven't had the specs done. We have explained that the equipment needs to be capable of being transferred. Asked Jack to bring the information over so he could • get it out to the Board. Town Hall PA System update - has been delivered and Larry will install it. Supv Schug - Jack, Mahlon wanted to talk about Snyder Hill Court, but wanted you here, so let's talk about it now. Atty Perkins -Last summer when the Highway Department was paving Snyder Hill Court they wanted to complete the realignment. of the turn around at the end. It was a circle and we wanted to make it more of a T shape. To do that we need cooperation from the neighbors Carroll and Skipper. Jack and his representatives met with them and they sketched out a proposed turn around. Their agreement had a restriction that the town would not pave more than 31' from the centerline of Snyder Hill Court. Before the work was completed and the paving was done we presented Carroll and Skipper with a letter agreement on August 26. They accepted that, but made some modifications which you previously discussed and found were unacceptable. We then revised that agreement slightly. On September 10, 1998 we sent them a letter with a sketch and the changes that the Town could live with. They accepted that on September 11, 1998 and in fact the _paving was done according to the agreement that was reached. Following that a formal survey was completed and the documents were prepared for Carroll & Skipper to the Town and in fact public hearings were held by the Town authorizing the Town to convey property from the former turn around to them. The Town has completed all of its obligations under the agreements reached with Carroll & Skipper and we have been trying to get them to a closing table. Recently we received correspondence from Mrs. Skipper who expressed a desire to change the agreement that had been reached. I explained it was too late, that the Town had relied upon their agreements, we had had the property surveyed, we had done the tree moving that they had requested, we had not paved closer than 31 feet and so forth. They were out in the field when the stakes were actually driven. The surveyors simply Page 10 of 18 TB S -S -93 created a map from what everyone had agrreed upon in the field. They are now balking at going forward. I'm here for your advice on what you would like me to do, My recommendation is that the Town commence an action to rewire them to specUfically perform their agreement. Cl Grantham - What action? Atty Perkins F A lawsuit to compel them to convey to the town this property. It is +eery different from eminent domain because here we actually had an agreement with them. 'There was consideration that transferred hack and forth. Jacl[ did it right. He dida t proceed until it was all done and signed and agreed and everybody was happy and signed off. Now these people have cold feet. I wrote to them on May 17 and said if we don't hear from you I'm going to take it to the Town Board and ask for their advice, but clearly the Town has the ngbt to insist that you complete their agreement. It was months before I could get a response from them and then finally I did hear from Mm- Skipper. She basically said well, we want to do it differently now_ G1 Beck - There was very little property mi volved. Cl G Hatfield � What do they want to do different? Cl Grantham - I donut think they should he allowed to do anythu different. The work is dome, the trees have been trimmed. The road looks better than it ever dial. It's back to where it should be in width and everytlii ag else. Atty Perkins - Read a letter dated May 12, 1999 from Nancy r. Skipper. 'I apologize for not responding sooner to your letter of March 10, 1993 in which you ouWrwd the terms of the land transfer between our property at 16 Snyder HE Court and the 'Town of Dryden_ I have been struggling with fguring haw to respond appropriately and constructively. I realize that quite a bit of work has already gone into this plan by several different people include the Town Board, so I truly regret that I find the plan as nutUned on the survey to he unacceptable." Understand that this is a survey that they agreed to on September 11, 'At no time Until l saw the map you enclosed dial I realize that the jatention was to extend the parcel to be conveyed to the Town of Dryden to actually include and encompass the two white pines on our property. And its fact it looks like the survey lines were extended in an add jog to the west with the express intention of including those trees_" That is not the case at all_ The survey follows the sketch that was made and the sketch was made from an existing survey. "In previous Communications with aU parUes involved we expressed serious concern about having the property lute be even close to those trees because we understand that the highway department has the right to prune or cut them down if the3F are within a certain praxi ±tv of the road, regardless of whose properly they are on_ Given the unwarranted and unapproved damage that was done to the trees on the Kraft property next to ours by the Highway Departgoerlt, I believe my Concerns are justified.' she then goes on to outline how she wants to move the line now. Understand also that in the agreement reached with the Town there is a specific provision in the deed that reads: This deed is given and accepted on the condition that except in the case of exigent circumstances the party of the second part (Town of Dryden) wit] give the part y of the fort Bart prior notice of the need to trim or remove trues growing or encroaching on the move described premises and agree to consult with the party of the first part (Carroll & Sldpper) about the extent to which any trees must be trimmed or removed. The party of the first pw agrees not to unreasonably object to such trin,v or removal." I think you 've extended yourselves as far as you really need to, but its your call, Atty Perkins explained how the survey was developed to Gl Grantham. He showed her a copy of the eXA J5UX9 survey (the survey that was made several years ago when we corrected the nurnaround on the opposite side of the road) which the parties drew on and made notes on and Page 11 or Is TB 6m8 =99 ITT, Carroll wrote on the back of. The subsequent survey shows with metes and bounds that sate pre=:ies that axe shown on that sketch. Following the public hearings and all the copies that went to theM and everything, no objection was raised for months. The white pines just lnsr de the west boundary line are the trees that are subject to this condition in the deed. J Bush w The trees are fine and can rem inn there_ That was part of the agreement. I brought Chem out and explained the whole thing_ We all were in agreernevt. 1 started the drawing and they made a few charges and came up with the angle and all that. Part of it had to do with the fact that their didnk want to have extend. their dxiveway out any furklter. They wasted us to pave back to what was already existing, It ad made sense at the time and I was quite shocked when Mahlon told me that she had changed her nVaid. Atty Perkins - Jack did with these folks exactly what the folks on Hunt Hill are asking him to do. The Town did everything that they had to do to make these people happy, Cl Beck - Suggested that we write a letter point out the agreement and mention the trees are fbe, It sounds like that is their big concern. End it with if you don't comply with the agreement waeT be forded to tare legal action. Petty Perkins - Basically, that letter event to them on the 17L1. If you want to pass a resolution autixoMing the Town to commence an action and give them a certain period of time to respond before we do it, that is sort of an intermediate step. Cl Grantham - We need to take that step and give them a deadline, Supv Schug - If we don't hear from them by June 30. ff Mahlon gets the letter right out and they have it by the 111h or 12th5 that gives them two and half weeks to decide if they want to agree to it or not. C1. Beck - We should point *at again that the trees will not he disturbed. But at some point if they die, yowl have to take them down, right? If they become a hazard they have to be dealt with. J Bush - I guess that's ayes, but I don't anticipate having a problem because it's a tu,m around. I did move one of their trees for them, a blue spruce, because I knew that would become a problem. RE190LUTION4 139 - AUTHORIZE E LETTER TO MPPER & CARROLL Cl Grantham offered the fbIlowivg resolution and asked for its adoption; RESOLVED, that this Town Board directs the Town Attorney to prepare and send a letter to Nancy Sue Slipper and Peter L. Carroll this week informing them that if they do not comply with the terms of their q'gree=nt and execute tl Le appropriate deed to the town for property at 16 Snyder Hill Court by June 30, 1999, a law suit will be commenced. Town Attorney is authorized to commence action on July 1, 1999, 210 Cl Beck Roll Call mote COUNTY BRIEFING Cl Beck Yes Cl T Hatfield Yes Cl Grantham Yes 1 C Hatfield Yes Page 12 of IS TB 6 -8 -99 Mike Lane Thanked the Town for a letter of support for Dryden Dau�y Day for the celebration funding. The County did appropriate $1500.00 for Dairy Day this year. At the last Facilities and Infrastructure Committee they authorised a change in the eng=erirxg contr t with the Malcolm Pernie Group regardir g the Caswell Road leachate. They will expand their study to look at the feasibility of delivenr3g that through a pipeUne to the Freeville sewer plant. The capacity of the plant will need to he investigated as weV as the cost, Freeville has agreed to listen to a proposal at tbis point. Told the board about recent court cases that have come out in favor of municipalities with respect to the siting of telecommunications. Explained to the Board the County Division of Assessments new policy on exemptions on real property taxes. Exemptions will not be carried over to a new owner. They will need to reapply for those exenxptietts, in the_pa t the exemption would stay with the_property until the tax roll was redone the followiiV M2weh. Only the STAR exemption to carry from owner to owner. Example, an exemption on a Village tax bill will not carry to the School tax bill if the property has changed ownership in between. The Assessment Department feels this will generate some more revenue. The statute says that exemptions do not carry fonva rd, but has not been enforced in the past_ Re- evaluation is on track for the year 2001. For the first time ever we may actually have areas that have a reduction in assessed value. Even though assessment& may go down there may be a tax increase on the individti l homeowner. This will be the last ten year re- evaluation. It will be a contLnuous process in the future, The County is still worldr on .its road shoulder- policy.. This was brought up because of areas like Ellis Hollow. A_preferred site for the centralized 911 location is Hanshaw Road in the Town of Dryden, It will include the NYS Department of Transportation facility. It will be ors property that has been offered by Cornell University. They are working with state legialators to funnel some money for this project to the Department of TT- anuportation. Word is that is held up because of the state budget impasse_ County committees have passed a resolution for $35,000 to begin some initial work on the site, and is expected to pass through the County Board. The County's total quality management ixriti2 ve_policy for employees and managers to provide better working structure and provide better services for taxpayers. A recent progress outlined some of the things that have happened in the last few years. The County Hi&way Department reports monetary savings on several projects as a result of this initiative. With respect to the cable matter, they are waiting for a response from Time Warner to their proposal and expect to set up a negotlaffin meeting. Cl Grantham - Can people submit suggestions for the road shoulder policy? M Lane - Yes, send them to me. Supv Schug - Joyce gave a report frora the EMC group and she asked us to do a resolution to keep municipal representation and we would like to appoint our own rep. well send copies to Barbera and to you and Charlie. M Lane - I would ask you to reconsider that at this point. We are looking at restructuring the EMC. The EMC is a county advisory board. It is an Advisory Board to the Nge13of18 B 6-8-99 County Board of Representatives. You have a representative like Jooe, who does a terrific job_ Other towns don't have that kind of quality representation. We haire had difficulties with some municipalities having chronically empty seats. The towns, villages and cities do not appoint their representative, they recommend someone to the County to be appointed. In some uses there has not been good communication between the representative and the county and the town, There axe times when the representative has been known to tale positiorxs opposite of the municipality and that has caused difficulties_ If you feel strongly about this go ahead, but there are a number of issues here, 1 have requested input ors the issue. When we started talking to the EMC about floss there were some representatives who felt very 6uvatened by these actions although we made it clear that they would be eligible for reappointment as at Large members. It is a huge board and one of the thin that we are trying to do is reduce Lbe size of it. The Zavironmental Management Council under state legislation, at the County level was orWinally set up to be a council of representatives from local conservation advisory committees (CAC). The theory was that each municipality would have a CAC. At present there are two fUrictionizig OACs in the County. upv Schug - We tried to form one in the Town of Dryden. Other than Joyce there as no one else interested_ The EMC did a good jab years back with setting aside the wetlands and all that. Lane - Most counties have dome away with their E11+1Cs. Mate funding for these has steadily diminished until there is uorie_ Some municipalities have kept them. We think we have a gourd, functioning EMC although there are some difficulties. There is no intention to do away with it. It's the most expensive advisory board we have because of the level of stafl"ing through the planning department, It is not an independent body, it's an advisory body, and sometimes that distinction gets blurred in the press. No decision has been made, we'll continue to discuss it. All the terns expire the end of tkris year. If any structural changes are to be made it will be done after the terms expire. If all the towns feel the same as you, maybe it won't happen. Cl Oranthaum - If you reduce the size you will reduce postage and copying expense, but you will still have a staff person supporting that committee and you'll still have a certain number of people on it. M Lane - Recommendations are being made for restructuring and well consider your views, One suggestion was is keep the municipal representative and impose a strict requirement for reportuig between the towns and the FINK. Another re mxnendation was to appoint an elected official or planning board member to the EMC, but they might not be exavixozunexxtt53ly oneiated people. Some good suggestions have come from discussion of this restructuring. Cl Grantham - Suggested giving each intuiicipalit six months to fill the position and if they don't, the County can fill it. HIGHWAY DEPARTMENT J Bush - No update on mailbox policy or Quarry Roars, O Slater - There was a complaint about trucks going over Snyder Hill Road that apparently were 9" � from some unknown source to the quarry rather than a more direct route. I found that Haines Blacktop Trucking, Mix Brothers, Paolangeli Trucking, and another truck (8 trucks) were hauling dirt out of Cornell. They were using Ellzs Hollow & Snyder Hill Road to access the western section of the Quarry which is under reclamation_ They are hauling dirt for seeding. One of the problems with Quarry load is mud and dirt on the road. Some of the trucks used covers and the trucks were not over weight limit, nothing was blowing Page 14 of 18 TB 6 8 -99 out of trucks. My conclusion was the complaint of dust and curt being stirred up was due to the dry weather and wind. .O dater will check with DEC on the reclamation matter and schedule, J Bush y Ellie Reed has requested a stop sign at Mt Pleasant and Baker Hill Road, She feels that people come too fast dawn Mt Pleasant Road and will hit a milk track or have some other accident. Jack doesn't feel this is warranted, that perhaps appropriate signage would wark. He will advise her to bring a petitL n to the Board. J Bush -Parks Park is co m; along very wwell. 'flee con#acto hiss widened the ro2i. Cayuga LandscRPU1 is working right along and it looks lice they are rte rly done, Uhen they are, the Town wiU Erxish it's section, With respect to the Mt Pleasant Subdivision road, the contractor is a little behind schedule. The gravel they proposed to use didn't meet Town specs and they ended up getting their gravel from Sultana. They have installed the crossover pipe at the mouth of the driveway and have started putting fabric dawn and the first layer of sub -base material. They are movLng right along. Everything looks like it is being done properly, SUPERVISOR The paramedics report has not beerx prepared, J 5chug - Deb and I had our first meeting with the Communlity Development Block Grant over sight comxmittee on our second grant and approved 2 projects. The are working on an old project from the first grant as there is money left over. 0 The County Board is looking to have a public information advisory board. Interested persons should contact Wendy Skinner, PIC Coordinator at the County. J Schug - With respect to Jim Ray's trailer park and his request for relief on his sewer bill because of a water leak, we have previously granted relief to M rel Westerling. We did not give ruoney back, but didnl charge for sewer until a credit was used up, We have also done it for Jim Ray in the past. Nothirng sags we have to do this. He is asking for seweer relief for 3,313,500 gaUons, If you are so inclined to give him someth -o , we can do €r third or a quarter. It would just be for the sewer portion of the bill, The Board felt that Mr, lay has enough documentation to support his effort, however it was not very effective. Supv $chug will End out what the dollar amount w1l be, We would not issue a check, but in3tea.d credit his account. J Schug - The Court has sent you documentation to support their request for a new copier for the court room, The copier they are requesting, under state contract, is $1,380.00, The document feeder is extra. RESOLUTION #139 - AUTHORIZE COPIER FOR COURT Cl Beck offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the purchase of a copy machine for the court roam under state contract at $1,380.00, the document feeder to be at the discretion of the Supervisor, 3sd Cl T Hatfield Ngc 15 of 18 TB 6-83 9 9 Roll Call Vote C1 Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl Grantham Yes Cl Grantham - suggested the old copier could be given to the Science Center to self if the alternative is IS it in the dumpsten With respect to the Abstract, Cl Granth wondered if Mahlon's raontWy fee was $1,800 or $1,850, and was told it was $1,850. Cl Grantham also wandered about the voucher fora checkrwriter in the amount of 4,Q 15_ 'Supv Schug - That is a machine that puts my name on the checks and counts the number of checks and vms recommended by the state auditors. We have one that does continuous farms, but they do:a't have the continuous forms anymore. The checks are I ndividuals, so we had to }guy another one. The checkwriter is to comply With the state auditor's request, Cl Grantham offered the fallowing resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves Abstract # 106 as audited, vouchers 0424 through 4487, totalling $87,169,14. 2nd Cl T Hatfield Roll Call Vote C1 Beek Yes C1 T Hatfield Yes C1 C Hatfield Yes Cl GT0XJha= Yes C1 T Hatfield - presented board members with a format for additional information he wood like with respect to payroll ifl the future. Supt/ S chug - Walter Mat3jaswould like to serve on the Dryden Youth Commi,ssion� He has been in the town for a while and has a good background. He works at NYEG. He has also said he would serve on the Pl rm g Board or Zoning Board of Appeals, RESOLUTION #141 - APPOINT WALTER lkIATYJAS TO DRYDEN YOUTH COMMISSION C1 T Hat -field offered the following resolution and asked for its adoption. RESOLVED, that this Town Board hereby appoints Walter Matyjas to serve on the Dryden Youth Commisswrr, for a term to expire December 81, 2001. 211c' Cl C Hatfield Roll Gall Vote Cl Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl Grantham Yea Page 16 of l8 TB 6=f# -99 Supv Schu - We need a resolution with respect to development of the trail from Game Farm Read northeast to Route 38 in the pillage of Freeville a,rid obtai; � funds through the Federal ISTEA prograrxx_ RESOLUTION # 142 - SUPPORT DEVELOPMENT OF DRYDEN 'TRAIL Cl C Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board supports the development of a trail from Game Farm Road northeast to Route 38 in the Village of Freevf7le to be known as the Dryden Trail and authorizes the Supervisor to apply for funds through the Federal ISTEA prog;ratn. J Cl Grantham Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl Grantham Yes Cl Grantham - What I will do with this is take it bark to the intermumcipal Organization and ask them to endorse it for T- 2 1 and they might do that without any ltind of ranking, The ranking had a lot to do with the bond act applications, RESOLUTION # 143 - FINANCE LOCAL SHARE OF DRVDEN 'TRAIL Cl Grantham offered the following resolution and asked for its adoption; IfSOLVED, that this Town Board support the financial local share of the Federal I T1FA program for the Dryden Trail with the design portkm ($60,000} and farce account ($175,000). The balance of the local share will be from donation of labor and contribution of land, 23513 C1 T Hatfield Roll Call Vote Cl Beck ides 1 T Hatfield Yes Cl C Hatfield Yes Cl Grantham Ices Supv Schug - The Town of Ithaca has passed a resolution to support our trail and their Supervisor has contacted me anti asked that we in turn do a resolution to support their Dail efforts, It really does come close to serving the people on Snyder Hill and so forth and will connect up u*ith the East Ithaca Recreation flay, They have sent us a proposed resolution with the map showing their trail, RESOLUTION #144 - RESOLUTION OF SUPPORT —TOWN Olp ITHACA TRAIL GRANT APPLICATION Cl Grantham offered the fallowing resolution and asked for its adoption: WHEREAS, the Town of Ithaca is applying for a grant to develop the William & Hannah Pew Bikeway, and Page 17 of 19 TB 6 -8 -99 WHERA , the proposed WilR= & Hannah Pew Bikeway would serve as a safe and convenient off -road coanection to Cornell University, East Hill Plaza and the City of Ithaca for Town of Dryden residents in the Snyder Hill neighborhood, and WHEREAS, the proposed WAIiam & Hannah Few Bikeway would connect to the southern tnmmus of the East Ithaca Recreation Way, which in turd, at its eastern Wrmmus, would connect to the proposed Dryden Trail, resulting in a unified intermu- vdcipal system of bicycle and pedestrian paths extending nearly 11 miles westward a;ad southward from Freeville, and WHEREAS, the proposed William and Hannah Nw Bikeway is part of a proposed county -wide system of bicycle and pedestrian trails, now therefore be it RESOLVED, that the Town Board of the Town of Dryden does hereby support the efforts of the Town of Ithacan to develop the William & Hannah Pew Sikeway. 210 Cl T Hatfield Roll Call Vote C1 Beck Yes Cl T Hatfield Yes Cl CHatfield Yes Cl Grantham lies Cl T Hatfield - My thoughts on this request for payroll information is this: We spend a great deal of time every month going through the vouchers, which is an important piece, but we don't have any feedback other than at budget time with respect to the largest item in our budget, payroll. I thought it might be appropriate for us to have some feedback on an ongoing basis through the year as to what we are expending for payroll, upv $chug - WjU s ak with Dianne McFall about the format. M Lane - Inquired about the Dryden- Freeville Trail status. upv $chug - We are ot'kix oxa land acquisitions as we speak. I guess that's about it_ I'd like to go into executive session fora few minutes to talk about a law suit. Upon motion made, seconded and unanimously carried. the board moved into executive session at 9:20 p.m, No action was takers. Respectfully submitted, Bambi L. Hollenbeck Toum Clerk Page 18 of 18 r TCWN ur us YUIEN TmT Board Mo2ling JLlilc $. 1999 PLEASE PRf iNT Name � 041ti, � a JF Address TOWN OF DRYDEN NOTICE OF PUBLIC HEARING LEGAL NOTICE IS HEREBY GIVEN that the Town Board of the Town of Dryden will hold a public hearing at the Town Hall, 65 East Main Street, Dryden, New York, on the 8th day of June, 1999, at 7:30 o'clock P.M. prevailing time to hear all interested parties and citizens for or against a proposed Franchise Agreement with RMS Gravel, Inc. for the installation, maintenance, operation and removal of an underground crossing culvert under Mott Road and for a conveyor through the culvert to transport and convey aggregate from the RMS "south mine" to the existing processing plant north of Mott Road. The underground crossing culvert and conveyor will be installed and removed by RMS Gravel, Inc. at its sole expense. Provision is made for a monetary performance guarantee to cover the obligations of RMS Gravel, Inc. under the Franchise Agreement. Dated: May 190 1999 By Order of the Town Board of the Town of Dryden mbi L. Hollenbeck, Town Clerk