HomeMy WebLinkAbout1999-09-07TB 94499
TOWN OF DRYDEN
TOWN BOARD MEETING
SEPTEMBER 7, 1999
Supv Schug
opened the
meeting at
6:40 p.m. Members and guests participated in a
moment of silenced
followed by
the pledge
of allegiance.
Roll call by Town Clerk Bambi L. Hollenbeck proved the following in attendance: Cl
Beck, Cl T Hatfield, Cl C Hatfield, Cl Grantham, Supv Schug, Attorney Perkins.
CITIZENS PRIVILEGE OF THE FLOOR
Mike Hovanec, owner of Bailey Homes - Wanted to update the board and have the final
hearing tonight and get the road dedicated and accepted and so forth. It is the first time he
has done this in the Town of Dryden and is not sure of the procedure. The road for all practical
purposes in the subdivision is complete. The water system is in and the sewer system is in, all
the laterals and so forth. They did have a couple of bad loads of gravel that had to be rem
excavated. The road is now pretty much done. There is about a half day of stone and oil work
to be done. They are hoping to not have to wait another five weeks for a meeting to get this
road accepted. He would like the board to entertain a request to accept the road subject to
final review by Jack Bush and Dave Putnam, and their letters stating that the work is done and
conforms to specifications. They stand to lose some special finance rates if the road is not
dedicated by the 15tb of September.
Cl T Hatfield - I looked the area over yesterday. You've done a nice job and I can see
where the problems were in that one area.
M Hovanec - There was some sponginess and Jack and 1 watched it for four or five
weeks. It didn't go away, so we took it out. We went way beyond just to make sure that
section was repaired properly.
Supv Schug - Asked Dave Putnam if he had inspected the water and sewer and Dave
replied that it was satisfactory, but that there was a little bit left to do on the road in one
section.
J Bush - Agrees with D Putnam, and suggested that the ditches be seeded for erosion
control.
M Hovanec - Can plant some rye grass now for quick growth. The seeding is usually
done after construction.
Atty Perkins - The road was designed as part of a subdivision, which the Planning
Board has approved. The plats are ready to be filed, but he can't offer any housing until the
road is complete and dedicated. The filing of the plat, or the preparation for filing the plat, is
an offer of dedication. It continues as an offer until it is formally accepted. Traditionally, the
position of the Town Board has been that we will accept the roads on the plat once they have
unconditional sign -off letters from Dave Putnam and from Jack Bush and from the Town
Attorney with respect to the sufficiency of the title. It is not a problem to go over the title and
so forth. The bigger problems are that these two fellows have to be satisfied.
Cl T Hatfield - So what he is asking us to do is a reasonable request and we could adopt
a resolution subject to the final acceptance by Mr. Bush, Mr. Putnam and yourself, and the
' Supervisor could be authorized to execute whatever deeds are required to be filed.
Pagc 1 of 26
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TB 9m7 -99
Atty Perkins - The only documents that are required to be executed by the Town are a
capital gains tax affidavit and credit line mortgage certificate and the real property transfer
report. Traditionally, offers of acceptance like this are made subject to acceptance of the final
completion by Jack and Dave, and on the condition that the developer pays all the expenses.
There is a warranty on the road for a period of a year. Sufficiency of the title as determined by
the Town Attorney is at the cost of the developer, not a taxpayer expense. The Town can accept
the offer subject to these things.
Cl Grantham - Inquired if the storm drain had been cleaned out since the July storm
and was informed that it had been.
Cl Grantham -,And what about the damage to the shoulder all the way down to the
parking area at the bottom of the hill.
J Bush - It's still there.
M Hovanec
- We can smooth that out. I
think
be fine to
accept it conditionally, but I'd like part of the
that is going to reoccur even if
that drain
continues to work
perfectly because there
is really no
ditch on that side of the road.
Any run
off after a heavy rain will continue to wash
that out
Has that been a problem in the
past?
J Bush - I don't believe so.
M Hovanec - That's definitely a lot of water.
J Bush - This summer there was surface water there, but I think the grate was covered
over so the water went over. I think the volume of water was caused by lack of erosion control.
The water backed up and ended up breaking through. 4
M Hovanec - You had in mind seeding the ditches on the new road?
J Bush - Yes.
Cl
Grantham - I think
it would
be fine to
accept it conditionally, but I'd like part of the
condition
to be just fixing
that cut and
then the
seeding.
Supv Schug - You two guys take a look at it and see what needs to be done to get it
back into shape. Is the railroad site lot 14?
Atty Perkins - What is it that is being dedicated to the Town besides the road?
M Hovanec - Lot # 14, which is the old railroad bed, for a recreation trail.
RESOLUTION # 167 - ACCEPT OFFER OF DEDICATION OF OBSERVATORY CIRCLE
Cl T Hatfield offered the following resolution and asked for its adoption:
0
0
WHEREAS, the Town of Dryden Planning Board has approved a subdivision for Bailey
Homes of Ithaca, Inc. of certain property on Mt.. Pleasant Road which subdivision is known as
the `Pleasant Mountain Subdivision" in said Town, and
WHEREAS, the approval of the subdivision requires the construction and dedication of I
a new town highway shown on the subdivision plat as Anna Circle or Observatory Drive and
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the installation of certain water and sewer improvements to be constructed according to Town
of Dryden specifications for such highway and specifications of the Ithaca Area Wastewater
Treatment Plant and Bolton Point Water System for the sewer and water improvements, and
WHEREAS, the ruad shown on said plat has been partially constructed according to
Town specifications and such construction to date has been inspected by the Towvt of Dryden
Deputy Highway Superintendent anal - )y the Town Engineer and such inspection has shown
certain work yet to be completed and approved. and
WHEREAS, the sewer and water improvements have been constructed according to the
applicable specifications and standards and such construction has been accepted and
approved by the Town Engineer, and
WHEREAS, Bailey Hoaxes of Ithaca, Inc, has offered to dedicate said road to the Town of
Dryden as and for a Town road,
0
Now, THEREFORE, be it resolved by the Town Board that the road shown on the
subdivision plat entitled 'FINAL PLAT PLEASANT MOUNTAIN SiJBDIVISION DEVELOPER:
BAILEY HOMES OF ITHA A, INC. made by Michael J. Reagan, L.S. #449892 dated 8/26/97
which map is incorporated herein by reference, be and hereby is (subject to the completion of
the ounditions hereinafter set forth) accepted as a Town road and the same is to be added to
the official Town reap and the Tawas Highway Superintendent is authorized tc) place the
appropriate road signs thereon and to take any and all steps necessary to maintain said road
as a Town road from the date the conditions hereirnafter set forth are fulfilled, said road to be
known as `Observatory Circle ".
This resolution and acmptance of the road are specifically conditioned and contingent
upon the follnwir>g:
0
1. The developer is to pay ail costs necessary in connection with fling of the map,
deed and other df)cu>ments including all abstract and related costs and reasonable fees of the
Town Attorney in reviewing said documents for the sufficiency thereof and for their compliance
with Town of Dryden requirements,
.
That
until such
time as the taxable status with respect to
said road is changed
to retleCt its
use as
a road, the
developer pay all reW estate tars assessed
on said road.
3. That prior to acceptance the developer will remove from Mt. P1eant Road or the
Pit_ Pleasant load ditch, the dirt, gravel and other material that eroded from the area near the
proposed read and plugged the catch basin, and that during the warranty period the developer
shall maintain erosion controls in the new ditches along Observatory Circle including seeding
and re- seeming the same as necessary.
4. That the developer warrant materials and workmanship in the construction of
said road for a period of one (1) year from the date of delivery of a deed and the other necessary
title documents to convey the carne to the Town and Payment of aR expenses as herein
provided.
5. That such acceptance shall not be effective uxiless and until the developer has
fig, - iished to the Town Attorney the necessary abstract of title, survey, road profile and all
required documentation to tunvey the same to the Tawas of Dryden, AU of which shall
demonstrate good and sufficient marketable title to the road and all of which is to be the
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sat fa,ctiort of the Town Attorney, and such acceptance shall not be effective urdess and until
the developer has completed the road to the Town of Dryden specifications_
6, That the offer of dedication and acceptance of s4id road in dudes all sewer and
avatar improvements including pipes, manholes, valves and other appurtenances in connection
thereto and the permanent drainage easements shown on the map entitled ° PLEA ANT
MOUNTAIN SUBI]MSION PROFILE 8& ACCEPTANCE MAP" made by L.a recce Peter )i abbroni,
L. S, #49682 dated July 2 3, 1999 and revised eptembex 2 3, 1999,
2nd CI C Hatfield
Roll cam Vats C1 Beck Yes
1 T Hatfield Yes
Cl C Hatfield Yes
1 Grantham Ices
M Hovance � Thank you for your reasonableness,
Margie Maclepe - Read the following letter to the Board:
My Heine is Margie Malepe and my husband George and I fine at 25 W. Malloryville Road in Fre ville. I'd like to
start by apologizing for what may be seem as my ignorance_ I have not up until this point in roy life paid much
attention to local politics. 1 did try to educate myself bit pnerto this meeting but I quickly realized that I s mply
couldn't afford to_ I thought that I could start by reading the minutes from the fast f r meetings but when I w•as told
that there was a charge of .2.5 per page Iwhich would be 513,50 for the August 10th meeting) , 1 decided it simply
was not economically feasible.
I have come here to learn and I hope that you %Rill oduCate me. I have a couple of proposals that I would like
eonsidercd and a variety of comments: concerns and questions, I don't expect an immodiate response but I do expect
that the board wil l consider them and respond to me as appropriate.
I . I propose that the bard make the meeting minutes available free of charge and etisily accessible to the taxpayers
of our community,
Why is a taxpayer roquircd to pay money to access public inforniation''
economically accessible? Havert't 1 and the other taxpayers i n this room
paper" Why is that Kinko's {a profit making business), outy char s .08
and if so why are the minutes not posted there? Couldn't the minutes be
enaruragc riot discourage the education and pwrticipation of our commu
Shouldn't this inforntiition be easily and
already paid for the photocopier and the
per page? Doesn't a WEB site already exist
available via a -mail Shouldn't the board
nit -?
2. I propose that the board reconsider our request for assistance from the town for our flood Harnrd Mitigation
Program project.
i was very disappointed v�rith the lack of assistance from the toym from the beginning, When vve began our pursuit to
correct the flooding problem on our property this past spring, I called Mr. Shuges office for information, guidance
and/or assistance_ When 1 callod.W, Shugg he referred me to the Tompkins County Soil and Water Conservation
District. He explained briefly that i t was the county's responsibility and that i should contact than HC made rt0
mention at that time or at anytime in our lager oonversations in June, July and August, ftt there was "or niaation
within the town that i could or should contact for help,
After receh inn the application materials from the county, I again contacted Mr_ Shugg by phone and in wri Ling for
assistance in processing our application (as is indicated as proper procedure in the application itself). He explained
to me that he basically knew little about the program and that I should request assistance from the county.
For these red sons. L am eery confused and disturbed by the convemation arit occurred at the August 10th meting in
regards to the Flood Kamp MitigWr ort Progam and our request for assistance_ Mr. Shugg was obviously uAl aware
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of the program (before our app]ication was submitted), the fact that we were applying for aid and that we Brere
working directly with couuty. We were forced to do so #cause the town refused to help. Fortunately, the counh'
was, as Mr. Sbugg put it, out puldl ing this program sl4 ed tlus infonmtioil with us and assisted us in the
application process. it's unforttwate that the town wasn't.
I was told that the town had not budgeted For this_ well. iieither did we. Flooding has been a problem in our area that
has retrained unsolyod for many years. The loss of a tree and an additional 20' of property came as a surprise to us
this } =r.
Why weren't we informed of the "proper procedure" by the town prior to andVor during the application process`?
Why were the applications submitted by the individual taxpayers and meeting the criteria, supportod by the county
but rejected by the town? Why hasn't the flooding problem in our area been addressed? What does the town plan on
doing in the future to help us and the other trsidents of WV Mal lorrn le Road who baw been flooded on a regular
basis for at least the last 18 years?
We are grateful to Paul Long and Craig Schutt from the Tompkins County Soil and Water Conservation District for
their continued help and support_
I thank you for the opportunity to speak and I look fonvard to herring from you in the near future_ I have additional
copies of this document available for you if you'd like, free orcharge_
Please contact me at: 274 -1167
B Hollenbeck - explained that the public was wr lcome to read the minutes, to sit for
hours if they like, in the office_
M Malepe - Because sbe works that is not convenient, >a eels that $-25 per page is
excessive. Would like to see the minutes on the web.
Atty Perkins - Mzuiicipalities charge for copies so as not to make it a burden on the
other taxpayers who don't want copies and to save waste, therefore people are encour2 d to
copy only what they need_
C1 Grantham — We 've been asked to put mingates on the web page before, and I think
that it is a goad idea_
Malepe — Half the problerat i,% the financial aspect and half the problem is the time
needed to take off work,
$upv Sehug - If you really need souaething or want to co-me in and read the Minutes,
whether it is in the evening after work or otherwise, 13ambi has agreed to accommodate
anybody who can't get here from 9 to 5 because thait has always been a problem-
Cl T Hatfield - One of the things that hopefully will come to fndtion in the next few
months would be the taping of these meetings and the tapes being broadcast. We have some
thuigs going on in that venue that will allow that to take place, perhaps within a year from
now. That may be better than putting it on the web page because that takes time and space.
You did get copies of the pages you anew interested in?
M Malepe - Four pages from the August 1() meeting. I haven't seen the meeting
uunuttes from August 26. I was concerned, based 1Dn what I read, that it looked as if my
husband and I sort of passed the Town to get to the County. We didn't know who to call at
first, and we tried to get all the right help, because trying to fill out d-iis application is not an
Is easy task for someone who had viewer heard the word rip rap. I want everyone to know that we
went through the proper channels and are disappointed that we are not getting the help we
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need because over the years our property is eroding- Last year we lost a tree and a huge
chunk of land, 0
1 T Hatfield , August 26 was when this issue was presented to us and basically I
thought we had a pretty healthy discussion of the issues around mitigadr�g flood water
damages. This board has already pursued the development of a special district in the Yellow
Barn area, but it tus out that the cost of doing it properly, is prohibitive to people. The i
rn ssue
that we were faced with on the 26th was that the County proposed, using their money, your
money and the 'd'own's money, to do something on a piece meal basis that did not address, the
overall issue, We asked the County to reconsider their proposal and come back, and well work
with the County and any citizen in the community that is interested in being part of a solution.
We want it to be a propel solution so that we don't do additional damage to the watershed.
Your comments are und- erstandable based on the information you had access to, and whim you
get the rest of the information you'll find a lot of the answers to some of your questions and
concerns,
M Malepe � If you can't reconsider this, then I need some guidance on which way I can
go to mare this a pl�kiority. For eighteen years this property has been flooded, as have our
neighbors,
°upv $chug - At least one of your neighbors in the last five years has asked the Tower
for help in building up the bank of their property, It would mewl our equipment going off the
road and goirz up in back and I understand that the highway Supervisor some twenty years
ago did take material dawn along the creek and build a mound. Over the years we've had
problems with our trucks going off the road. If we do it for you, we have to do it for everybody
in Town. The problem we had with the County is that they never told us they were going to
give this to individual lxomeowners. That whale section of creek should be rip rapped to keep it
out of everybody's backyard, yours especially because of the turn in the creek. We'd like to
help, but it's tough to help one neighbor and then have to turn down uthers-
M Malepe - My argument to that would be that I applied for it. I'm going to put up one -
third of this money- I can encourage my neighbors to do the same.
1 T Hatfield - One of the problems, and Deb is more of an expert in this area than most
of us I would guess. My understanding is that if you fix a portion of the creek hank here, you
are aggravating the problem on this end, and kicking it across and aggravatir3g a problem over
there. $o while you may be protecting your property, you are creating two problems an either
side of you. It just make the problems bigger. That is why we sent the County a, message
saying "This board did not reject this because of the cost, it was the process that the County
pursued by going out and soliciting these applicaizans and not having come with any Idnd of
format that we could follow where they had plans that made sense to address the problem.' It
Haight have solved your immediate problem, but it looked to be very short term and it looked to
create two other problems-
M Malepe - The County or the Town should work on that whole area., Ian sure the
reoords have indicated that it gets extremely flooded.
1 Grantham - We have a representative orl the County Water Resources Council, and
one of the th p that they are planning to du in the next couple of months, I hope, is start a
subcommittee that will look at the 'whole Fall Creek watershed and begirt to develop ,solutions
for those kinds of problems. The solutions are not necessarily rip rap, though- I don't think
that is the way to go in most streams. You have to look at the whole streambed and consider a
lot of different solutions. But one of the things that may result is a good, thorough scientific
study that takes into account the whole watershed is external funding from the State or
Federal, government, which would help with the cost problem. If you would like me to give your
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°rB 9 -7 -99
® name to Marshall Taylor, who is working on forming that committee, I will do that. We need
citizen participation to make that work and to get any kind of funding. It is not a quick fix. It
takes time to look at something like that and then to get money to do any kind of
implementation. I have seen so many places in my work where people fix one little stretch of
the bank and it causes problems up or down stream, and it is a very temporary fix for the
places where the work was done. I don't think it is a good way to spend money. I think you'll
end up spending the money again on the same thing in the future.
M Malepe - That is something that my husband and I have to struggle with because we
have a tree line. One went down and there is about five more. I would appreciate it if you gave
them my name, but how long will it take? Is $7,000 worth the investment to not lose the next
five or six trees? Are we within our rights if we go ahead with our plan that we currently have?
Or am I going to be responsible for causing damage down the creek or up the creek?
Supv Schug - We can't tell you what to do with your property.
M Malepe - So if my permits are approved I can do it.
Cl Grantham - Yes. You just need a DEC permit to work in the stream.
Mark Varvayanis - Even if you get the videotapes, I would like to see the minutes on the
web page.
COUNCIL PRIVILEGE OF THE FLOOR
Cl Grantham - After the last board meeting on my way home I went up Quarry Road at
40 11:15 p.m. and the quarry was operating. I called Mahlon the next day and left a message for
Jack Bush. I wrote up notes (distributed to Board). I think we need to do something about
this. Mahlon have you had a chance to look at it. I think the hours are limited to daytime
hours and even if it is automatic operation, it shouldn't be running at night. They often have a
canvas hose where they take water from the pond down below and bring it up to the pond on
the quarry property. They bring it up alongside the road, and then across the road. This last
time they had a wooden box that they sort of framed that they built to protect the hose. There
were nails sticking out and at some point it fell apart and there was a piece laying there with
the nails sticking up so that any car could drive over it. It makes the road difficult to navigate
for anyone who is supposed to be using the road. I think that some of these things need to be
addressed. We always seem to have a reason for not doing anything about it.
Atty Perkins - At Deb's request I looked at the circumstances surrounding Finger Lakes
Stones' operation there. It turns out they are there pursuant to a variance which was granted
by the Zoning Board of Appeals and the ZBA specifically reserved jurisdiction there to rescind
the use variance hereby granted upon a violation of or default in any terms or conditions or
requirements of said permit. The permit which that refers to the permit under the
Environmental Conservation Law the DEC gave them to have a quarry in there. I looked at
that permit and I didn't find any hours of operation in that permit. However, I went back
further and I did find in the environmental review representations made by Finger Lakes Stone
that they would operate from 7 or 8 a.m. to 4 p.m. or something like that, and some limited
hours on Saturday. I think that the proper place to refer this is to the ZBA which specifically
reserved jurisdiction over it. I haven't seen Deb's notes, but from what she described to me
certainly it is something which the ZBA might entertain as a violation of the terms of the
conditions they attached to the variance. The other thing that Deb brought up was the use of
the road and that clearly is an unlawful activity, whether the hose is protected by a box or
anything else, you don't have a right to run the hose across a town road. We have made others
• go through a franchising procedure and have gotten concessions from them, and so forth. I
think we need to get in touch with Finger Lakes Stone saying you just can't do this, if you want
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to get a franchise to run your water across the road, then carne to us with a plan which is
something other than running a hose across a public highway. You sake others put their
water lines through metal sleeves undemea#h the road and make sure they have insurance
and things like that_ You don't let them work within the road right of way. Certainly there are
ways they can accomplish that and be treated the same as others,
Cl Grantham -They continue to damage the road. It gets worse and worse all the time,
J Bush - I haven't seen the hose across the road, but I took pictures of the hose along
the road, in the right of way, and the wooden thing. I took pictures of the damaged part of tie
road, which we have done in the past. There does appear to be more daunage. By the end of
the week I will send a letter to r- Dolph and my first suggest to him will be to eliminate any
driveways that he possibly could eliminate. There are six driveway entrances and at least one
of those could be removed. mother suggestion would be to redo each Ten ahupg driveway
according to the plan submitted by N velli Engineers, which basically consists of paving back
from the edge of the pavement about 10 feet. The grade would slope away from the road so
that any water would go to that paint and then, fall off the driveway before it gets to the road
surface itself. I'll also request a driveway culvert on the first driveway on the right going up the
road. On any of the other driveways on that same side of the road, right now I can't see where
the voter is being restricted, even though there is no pipe, men if it locos, that rmtur
waterway is off the right of way_ I think I would put some sort of contingency in the letter
stating that if there was a future problem it would have to be readdressed as far as water
buildup becoming a problem,
Cl Grantham � I think that sounds fine as far as erosion goes, but he still is causing
damage with his vehicles,
J Bush - The engineers seem to think that by paving back from the edge 10 feet it
would allow the voear an that apron section instead of the road itself. They think that the
damage happens when they move from the gravel to the pavement, causing the tracks to spur.
Atty Perms - He is not supposed to be operating a tracked vehicle across the road at
any time,
J Bush - The condition I believe was that he was allowed to put rubber tires across the
road and drive over those tires-
1 Grantham - I have not seen him drive a tracked vehicle there, but I have seer marks
in the pavement that could orxly be from atraelced vehicle. The other part of the damage is
when he drives his big trucks off, they have bid chunks of gravel stuck in the tread and you
can see scores all the way dawn the road. I'd be surprised if he wasn't dziving tracked vehicles
across the road,
Cl T Hatfield - It seem we have two problems. The Town Board is suggesting we need to
cor=unicate with this fellow, the problem is do we have jurisdiction.
Gl Grantham - We do on
the
road. The road is our issue.
The hours of operation
sounds like its ZBA and we can
put
them on notice-
G1 T Hat$eld - We can send it to ZBA and ask them to cheek out why they didWt put
hours of operation in it as a condition. Jack can deal with the road, and we ought to deal with
him like we did some of the others.
Cl Grantham - Yes, I drink so. 0
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TB 9 -749
® Supv Schug - He does have a tire mat that lays on the edge of the upper driveway. I
don't know if he ever puts it across the road.
J Bush - I'll also in the letter ask him to remove the hose from the right of way. It is
creating an unsafe condition. My other suggestion is going to be that he create some kind of a
plan for addressing that problem, similar to what Fingerlakes Aquaculture on Johnson Road
did.
Supv Schug - Let's send the first portion of it on to the ZBA, who gave them permission
in the first place and gave them the permit and the variance to work in there. The other thing
Jack is up to you, and I guess what you should do is call whoever is available when you see
something going on there.
Cl Grantham - I have two things about the Cayuga Lake Watershed Municipal
Organization. One is just a request that we put $900 in the year 2000 budget for work of the
Intermunicipal Organization. We got a letter from Sylvia Hurlbut from the Town of Ledyard
(copies distributed to Board). I have a request for some information if you have anything to
add to what I already have here. We are doing some public education on the watershed
characterization and they ask for some places to do outreach and education. I listed some
things and sent it in, but I wanted to give you all an opportunity to do the same thing. The
Planning Board asked for some suggested workshop topics and this is my list (distributed to
Board). I contacted County Public Works to ask for some sample engineering qualifications
from them, and John Lampman is putting some together to send to me. I'll pass them on when
I get them, but could we get copies of the attorney and engineer contracts so that we can have
those to work from?
Supv Schug - I don't think
we have a contract. We
pay them to do each job.
We have
material from the end of the year,
®
is that what you want?
I don't believe we signed a
contract.
Cl
Grantham
- So what
kinds of notice do we give? Mahlon and Dave, what kind of
notice do
you expect
on getting
a contract or getting
appointment?
Atty Perkins - I don't know of any notice except that I'm notified that I have been
reappointed. There is a 1989 memorandum which outlines the scope of services of the Town
Attorney, but as far as I know, there is no written contract other than the resolution which
appoints the Town Attorney at the organizational meeting.
Supv Schug - The same with the engineer. Most engineering projects are done on a
case by case basis. Of course, being a professional service we don't have to have competitive
bids, but if it was a. big job we could.
C1 Grantham - Okay, I guess the memo that outlines the scope of services would be
useful. Is there anyone on the board who retains Mahlon for any work? To do their own legal
work.
Cl Beck - We have. We don't have a retainer, but he has worked for us on a. jab basis.
Atty Perkins - I have done some work for Beck Farms and for Ron and Carol.
Cl Grantham - Well, maybe it would be better if you worked on the engineer specs then.
I would feel a lot more comfortable. I had two other questions. Joe Lalley mentioned to me
that he was planning to put the master plan and zoning on the web for access by this class at
Cornell who are working on the Master Plan, and he said that he was asked to not make it
• available to anyone but the class. I think that it would be good to have it on the web so that
people can see it so that they can make comments when we have these public meetings.
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ZO Slater - Dianne did not want it on there because it was a draft that she had
prepared and she didn't feel that it was grammatically correct and it had other flaws in it and
she didn't feel it represented the Town in a proper light, so she asked that: he remove it except
to the class, which he did.
Supv Schug - The old plan?
ZO Slater - Yes, we don't have it in a formalized program. It was only a draft copy that
was made under one of the first computer programs that we ever had. We don't have a formal
electronic version, only a draft copy that had been modified as we went along with amendments
and it was full of grammatical errors and misspellings.
Cl Grantham
- I think
that if there
is an electronic version of it that says the same thing
as the paper version
that it
ought to be on
the web.
Atty Perkins - Perhaps someone could go through and proofread it.
Supv Schug - Well take that under advisement. Dianne gave a copy to Joe to be used
by the class?
ZO Slater - Correct.
Cl Grantham - What is the NESTS process at this point? They have a full report out
now, so now what happens?
Supv Schug - Last week I was able to obtain for the Town Hall a complete set of
working documents. They are in Bambi's office for anyone who wants to come in and look
them over. The public library also has a copy. If they want a copy of the executive report they
can get that by calling the Planning Department. Now the NESTS program goes to the
Planning Board on Tuesday, September 28, for their formal acceptance. If they accept it,
nothing can happen in Town without us saying it's alright and the people having the
opportunity to look at it and consider what we want as far as the Town is concerned. We've
promised people in Ellis Hollow and the 8 Square School district that we would sit down and
have some preliminary meetings and get some of the people who were on the working
committee to discuss what the report says and how it can affect Dryden and whether there is
an alternative resolution the Town can offer.
PUBLIC HEARING
APPLICATION OF ITHACA PRODUCE CO.
FOR SPECIAL PERMIT MODIFICATION
Supv Schug opened the public hearing at 7:40 p.m. and explained that this was an
application to amend the Special Permit granted in 1988 by adding a 6000 square feet
building.
Mr. Cutia - New lines have added to fill the trucks and they need more space for storage
of the items. Plans are to erect a new building effectively doubling the size of the warehouse.
At this point there are no plans to hire additional people, but if that should happen there is
adequate parking space available. There will not be any additional routes added.
Page 10 of 26
TB 9 -7 -99
® ZO Slater - Has been there on a couple of occasions. The formula for parking for
warehousing is one parking space for each two employees under current zoning. There is
plenty of room for that. If you should choose to approve the request, there are three
contingencies I would like to suggest.
future.
Cl Beck - There are no additional trucks involved now, but you may need some in the
Mr. Cutia - In five or ten years I hope so, but immediately, no.
Cl Beck - Would he have to come back in to get permission for additional trucks?
ZO Slater - There are no conditions on their existing permit other than that one truck is
allowed to leave at 4:00 am. and the rest at 6:00 am. or after. You may want to consider that
a condition.
Cl Grantham - is there any storm water control?
ZO Slater - That would be one of my contingencies. I am guessing there is going to be
approximately 7000 square feet of disturbed area, including the 6,000 square feet of building
and about 1,000 square feet of additional docking space for trucks, so it definitely needs to be
looked at and I told the applicant that.
Cl Grantham - How close is the stream?
ZO Slater - It's quite
a ways.
He owns
to the other
side
of
the stream.
Cl T Hatfield - Henry
said he
had three
conditions,
and
I'd
like to know what they are.
ZO Slater - One of them would be drainage and runoff analysis. I know Dave has not
had time to even consider this. The other one would be, County Planning called today and they
said they basically agreed with what I had to say, but they weren't going to have time to get
that in writing, so I'd like it to be contingent upon their recommendations. Also, either relocate
their existing dumpsters or screen them. They stick out like a sore thumb and I talked to the
applicants and they are willing to do either of those things. The terms of the prior special
permit should remain in place. I would also update the standard conditions of approval to
those of September 1998, which covers all of our basic concerns.
Supv Schug - If any of the neighbors would like to speak, please give your name and
address so we know the proximity to the site.
Don Ordway, 30 Yellow Barn Road - We don't seem to have available a copy of the
building plans so we can get an idea of the visual impact. We look right at the building at the
moment, and you ll double. We have the storage sheds on the other corner and we are now
looking at another visual impact. It would help if we had some kind of idea of what it was
going to look like.
ZO Slater - Part of the approval conditions of the existing special permit was to install
and maintain bufl'er trees. The trees along the east boundary will have to be relocated, so you
should consider that.
Mr. Ordway was invited to look at the plan.
• D Ordway - Consideration should be given to the visual impact. This is a residential
area of 100 houses. I live and work in the area, so I appreciate what he would like to do, but
Page I 1 of 26
TB 9 -7 -99
would like to avoid what we have with the storage sheds. They really are an eyesore. That was •
contested a great deal at the time it was proposed, and it went ahead and the visual effect is
not good. They put up the prison fence and that was so important to be there and it lasted a
period of a couple of months. The gate is never locked. It doesn't look like you are coming into
a nice residential area. My primary concern is that something is done that serves his purposes
and minimizes the visual impact.
Supv Schug - Have you ( Cutia) considered doing some buffering behind the building?
R Cutia - There are existing trees. They are probably 20' tall. They were about 5' tall
when planted and were requested by the Board when we applied initially. To totally cover the
building will take awhile.
Cl T Hatfield - Unless you berm.
R Cutia - We have 11 acres. We could push some of the top dirt down and build it up I
guess.
D Ordway - Wilcox Press is an excellent example. It is a pleasant approach when you
approach that building, it is not objectionable.
Cl T Hatfield - Suggested a berm with trees and wildflowers on the residential side of
the building.
R Cutia - would like to build in the spring, a wood frame construction with steel skin.
Cl T Hatfield - If we were to impose conditions that required you to come back in with a •
landscape plan, drainage plan ...
Atty Perkins - The landscape plan is an administrative function, and should come back
to this board.
Cl Beck - I'd like to see an area plan too, please, showing where the roads are and
distances to other properties.
R Cutia -1 live in the area, too, and would like it to look nice too. We used the existing
plans and drew on what we intend to do. The plan was to move the existing trees back. They
are about 20' tall and well use Murdock to move them back.
Robert Cox, 2024 Dryden Road - Is concerned about the tractor trailers making left
hand turns into the property. This often causes problems now and will be complicated by
additional trucks. Feels provisions should be made for a second driveway. One truck leaving
the premises now chokes the driveway. There should be another driveway on the far side near
the dock. It would be a good time to ask DOT for another road cut with the working being done
on Route 13. Believes that there are people working on the premises in the early hours of the
morning.
ZO Slater - I believe DOT previously denied Mr. Cutia's request for a second road cut.
R Cox - Over the years this stretch of road and the Yellow Barn intersection has become
more dangerous and strongly urges Mr. Cutia to apply again for a road cut for a second
driveway.
R Cutia - The initial plans called for a second driveway and that was denied. •
Page 12 of 26
TB 9 -7 -99
Shana Affalat, 32 Spring Run Rd - Was notified on Friday of this hearing and has had
no time to adequately prepare or research what the impact on the environment would be, what
the impact on the neighborhood would be. Has concerns with the traffic. They are doubling
the size of their business, so will be doubling the size of their trash. Is concerned about rats in
the neighborhood. She has not had time to contact the Department of Environmental
Conservation. She was told when she purchased the house that the Cutias would not be able
to expand because the property would not pass the perk tests, that those were wetlands.
R Cutia - You were misinformed.
Mary Gilbert, Virgil Road - Has there been an environmental impact study done?
R Cutia - I don't know that there are wetlands.
S Affalat - There are three springs there. Again, I've had no time to prepare. I was
given the notice on Labor Day weekend. I have a full time job, and I got one business day's
notice. I would like time to look into what this does entail, look at the plans closely and
contact DEC. I called some of my neighbors who aren't too far away and they never got any
notification.
ZO Slater - There were three pages of notifications.
R Cox - Received his notice on Thursday.
Supv Schug - When we were having our discussion before we talked to young Mr.
Cutia. He is a neighbor around the corner on Bear Circle and he would like to make it look
® nice too. We're talked about making a berm, putting some trees up so that you can't see the
back of the buildings. Now, he's going to have to do that., or come back to us with a plan. He
will also see if he can get a road cut from the DOT. So we'll have another meeting. If you'd like
to see the material when it is submitted, you can. Talk with the Cutias. They are your
neighbors. Let them know what your ideas are and what you would like to see.
S Affalat - Is not just concerned about what it will look like from her house. Is
concerned about the impact on the environment. As you double the size of a business, and
needing to have more access to that business, they have road frontage next to her property. It
is not used currently for their trucks, but do use it personally to get in and out. Spring Run,
Corn Crib and Yellow Barn are not high traffic routes. Would like some assurance that they
will never be used for the trucks to come in and out.
R Cutia
- They will never be used.
That would make no sense
to go out
that way with a
truck and then
back
on Yellow
Barn.
He
uses that
route to avoid
the
Route 13
traffic.
S Affalat - Traffic is her other concern. He works there and doesn't want to use Route
13. There are sometimes trucks stopped waiting to make the turn in and there is a huge
backlog of traffic.
Supv Schug - Well bring this up again when Cutias get their material together for the
board. The next meeting is October 12. Hopefully by that time they will have the drainage
plan, applied to DOT for a road cut, and have a landscape plan and area plan. Does anyone
have any more questions?
D Ordway - What is the normal requirement regarding announcements of these
hearings.
Page 13 of 26
TS 9 -7 -99
ZO Slater - People have complained that the announcements come too late or too early. •
We try to send them out somewhere in the neighborhood of seven to ten days before a hearing.
In this particular case they probably didn't make it out because of work loads that we've had
until probably Tuesday. Everyone within 500 feet of an affected parcel is notified. In this case
with them having 11 acres, there were some 60 different notifications that had to be prepared
and sent out. Preparation takes time and that was not the only job going on in the office. It
was done as best it could be for this particular meeting.
D Ordway - But there are no standard requirements? It's just the best you can do?
ZO Slater - That's right. We have tried to respond to what the general public has asked
us.
Supv Schug - Notice of the hearings is also advertised in the paper. We always try to
notify the neighbors. We think it is important.
Public hearing adjourned at 8:15 p.m.
COUNCIL PRIVILEGE (continued)
Cl T Hatfield - .Ron and I met regarding our assignment regarding the legal services that
the Town requires on an annual basis. We looked at two things, Town Law which sort of
determines professional services and how those are to be addressed, and we looked at the
Toren procurement policy. Both of those suggest in concert "General Municipal Law recognizes
circumstances when, in the sole discretion of the purchaser, the solicitation of alternative
proposals or quotations will not be in the best interests of the Town. Those types of
procurements include (a) professional services requiring special or technical skills, training, or •
expertise. The individual or company then must be chosen based on accountability, reliability,
responsibility, skill, education, training, judgement, integrity and moral worth. These services
are such that they do not readily lend themselves to competitive procurement procedures." In
other words you are not buying a loaf of bread or a ton of gravel. "In determining whether a
service fits into this category, the Town Board shall take into consideration the following
guidelines: (a) Whether the services are subject to State licensing or testing requirements; (b)
Whether substantial formal education or training is a necessary prerequisite for the
performance of the services, and (c) Whether the services require a personal re lationship
between the individual and municipal officials. Professional services shall include" and it lists
several including the services of an attorney. I refer you to pages 2 and 3 of the Town of
Dryden Procurement Policy. Based on what we learned in looking at our assignment and those
two references, we came to the conclusion that this committee would best serve the Town of
Dryden if, with each members input, we were to solicit qualifications from a few attorneys as
opposed to broadcasting this. There is a list of information we would like to request from each
attorney. The committee will then review the qualifications submitted and on completion of our
review we suggest that we recommend three attorneys who in our opinion best meet the
qualifications required to provide legal services to the Town. The entire Board will then be
asked to review each of these attorney's credentials and then we suggest that the Board set a
time for the entire Board to interview each finalist. Ron and I have a little difficulty with having
the assignment be up to us to recommend a purveyor, so we are laying this out as a suggested
procedure.
We suggest that each of these attorneys respond to us about their training (education,
licenses held, and continuing legal education) and their experience. We want them to provide a
list of their three most recent municipal cases and up to ten additional significant municipal
law cases that they were personally involved in or responsible for. For each case cited we want
them to include the dates of the action, who the plaintiff and defendant was, who they •
represented, a brief description of the legal issues in the case, and the outcome. Additionally,
Page 14 of 26
TB 9 -7 -99
® we want them to give us an estimate of a percentage of time that their law practice dedicates to
the practice of municipal law. We also want them to provide the name and address of each
municipality (references) that they have provided legal services to. We want to know the level of
the professional liability insurance. We want them to provide us with the limits and the carrier.
Additionally, we want them to list professional organizations of which they are members and
any committee or leadership rolls they have assumed as a member of that organization.
Finally, we want them to provide details of any professional disciplinary action taken against
them, including a complete description and report of the resolution of such action.
We would like to request referrals from Town Board members, which is the purpose of
the handout we gave you so that all of us have that opportunity to select three people that you
believe may be qualified that you know or are aware of through other contacts. If these can be
received back by the 17th, we propose on the 2011, to put the requests out to the appropriate
parties and give them 30 days to respond. On October 12, at the regular meeting, well provide
some additional background information, and will provide everyone with a list of the attorneys
being solicited, you are all part of the process. Responses at that point will be due back to
committee by October 2. At the November 9 Town Board meeting we will submit a list of
finalists to the Town Board, what we think are the top three, and the Board can do with that as
they wish as a body. We recommend setting a date for interviews. Given our assignment, we
though this was the way to go. We are now asking you to respond with referrals. That is
potentially 12 to 15 different attorneys that we can send a request for qualifications to.
Cl Grantham - Could we get a copy of your action plan and your list of qualifications
and the questions you'll be asking?
Cl T Hatfield - I have to draft that yet. I have my original notes for tonight, but Ill be
® glad to forward that to everybody within the next couple of days. We're looking for feedback,
comments, if you think we missed something. We're got until the 200 of September to refine
whatever the request for qualifications letter itself is going to state. I'll take a shot at drafting
that and send that along too.
Cl Grantham - We don't meet again until October 12.
Cl T Hatfield - There's mail.
Cl Grantham - So we-1l make changes in this by mail? It just seems like...
Cl T Hatfield - You 've got a fax machine?
Cl Grantham - I have a fax machine, but then everybody has to get faxed everything so
that everybody sees and...
Cl T Hatfield - Well, I guess it depends on your vision of a committee. We were given an
assignment to get this process going. We are proposing a course of action based on what weive
been able to determine to date. Or we can wait until the next meeting to start the process
going, or you can come back October 12 with your list of names.
Cl Grantham - You are referring to our procurement policy as one reference and the
other reference is General Municipal Law. I'd like to see a copy of what you are looking at and
your write up there. If we could get that by mail, we could bring our comments on that and
our list to the next board meeting. I would much prefer that.
Cl T Hatfield - Does anybody else have anything?
Page 15 of 26
TB 9 -7 -99
Cl Beck - I guess, Deb, regarding your comments earlier, are you asking that I don't •
add any activity on this committee, or just don't participate in the interview with Mahlon,
whom I have some personal dealings with.
Cl Grantham - Well...
Cl C Hatfield - Some of these other lawyers have come up that we're had personal
dealings with, haven't they?
Cl Beck - I would not recommend anybody that I had not known in at least some
capacity, or preferably used. That would put everyone on the board in a similar situation. I
don't know how that reads in our conflict of interest policy.
Cl T Hatfield - It requires disclosure and if it involves something that involves them, you
have to abstain. I understand it. That's pretty normal in an environment like this.
Cl Beck - Tom has done most of this. We're conferred a couple of times.
Cl C Hatfield - The final say is by the whole board.
Cl T Hatfield - Absolutely. This request was very fair. I felt that we could figure out a
way to bring it back to the table tonight and let's get going. Otherwise a delay at this point
doesn't do us an awful lot of good, but I don't know that it hurts us to wait until the 12Lh of
October either. We always appoint in the organizational meeting in January, so the work has
got to be done by December 31.
Cl Grantham - I'd
just like to
spend more
time on it, and I already asked for the memo
that Mahlon mentioned
to help with
that thinking,
too. 0
Cl T Hatfield - I won't try to draft a model letter then. I'll just give you this list of 5
items which come right out of the policy. If you go to the references, it pretty much gives you a
road map of how to go about requesting this kind of a review. So I'll get everyone a memo or
letter with the data requested by Deb. On October 12 you can hand in your list of prospects
and in the meantime youll get a letter about what we are proposing to do.
Cl Beck - Would like to request a guided tour of the Varna 11 site by the developer or his
agent for the board and probably Henry.
Cl Grantham - That's a good idea.
C1 Beck - It's posted property and you can drive by and gawk at people's yards and
wonder where that road is coming out, between which two houses. You can drive up on top of
the hill, which I've done a couple of occasions and walked around. I didn't get shot yet. It's
posted property.
C1 T Hatfield - Monday I spent most of the morning doing the same thing. I drove
around and around that place looking at all the houses. I drove around the Varna Community
Association twice or three times.
Cl Beck -
I want
to see
where that access road
comes down
and
where
it is going to
enter 366, the so
called
creek
that needs cleaning out,
and I'd just
like
a little
more...
Cl T Hatfield - Did you find it?
Page 16 of 26
TB 9-7 -99
Cl Beck - No, I haven't been in that far. I'd like a little more personal feel about what
we are acting on.
Supv Schug - We will get in touch with the applicant and see if he can set up a tour.
Board members indicated toward the end of the month would be a good time.
Cl T Hatfield - It's a big decision and a big project proposal and I'd like to have that
opportunity.
Supv Schug - We have some time because he hasn't come back to us. I guess he
should understand that if we are going to talk about the road or whatever we would have to
talk about where ...
notice.
Cl T Hatfield - If we do this, do we need to do a public notice?
Cl Beck - I don't think it should be a public thing.
Cl Grantham - It would have to be if we're calling it.
Supv Schug - It's an informational meeting.
Cl Grantham - If we are convening and the whole board is going then we have to give
Cl T Hatfield - Unless we do it executive session, if that qualifies.
® Cl Grantham - I don't think that qualifies.
Cl T Hatfield - The only way to do it otherwise is do two or three different trips with two
board members at a time. That's the sunshine law.
Cl Grantham - It is town business.
Cl T Hatfield - I don't know, I think you have to address this issue, but I would very
much like to go see this property.
Atty Perkins - I'm not sure
that
would qualify
as a town board meeting. I'd want to
make sure by checking, but its
not for
the purpose of
transacting business.
Cl Beck -
We'd
be
gathering
information. Why
don't you check it out and if we can't do
it as a board I'm
going
to
find a way
to do it otherwise.
I'l1 ask the man personally.
ZO Slater - Actually, I think Steve offered to take any one of you or all of you if you
wanted to.
Cl T
Hatfield -
I'd like
to have Mr. Bush join us too because I have a couple of questions
on the road
cuts and
some of
the things that have been raised.
Supv Schug - As soon as we hear from Mahlon, well try to set it up.
Supv Schug - You have a package that came from Mahlon personally concerning the
appropriation by Tompkins County of his property for the dam site. Mahlon is just trying make
it clear and has requested that we make this part of the record.
Page 17 of 26
TB 9 -7 -99
Atty Perkins - You should note the receipt of it and it should be part of the file. 0
ATTORNEY
Youth Recreation Committee - the local law has been drafted and it will be forwarded to
Jim and Tom who are most familiar with the recreation functions of the Town to see if this is
what they had intended. After their comments it will be forwarded to other board members.
Telergy - We are still waiting on a copy of the franchise agreement from NYS Electric
and Gas Corporation. We could not locate this document in Ithaca and a request had to go to
Binghamton. We have had several phone calls from the counsel's office down there. As of last
week he said we would it in a few days, and we still don't have it. We will be prepared to
conclude that matter when we get a copy of the franchise.
Peregrine Partners - No comment as no decision has been received on the motion
hearing.
Supv
Schug
- I checked
with Henry
and
had cause to
go up and
check the pump
station that is
being
painted. I
drove down
and
there are five
homes in
that area.
ZO Slater - There were two before the agreement and three after, and of course they
could go upwards to a total of ten, with payments of $5,500 each for CO's.
Zoning Ordinance - We are still waiting for the mapping.
Supv Schug - I got a phone call from Mark Kulik of Omnipoint. He informed me that •
they now have a signed agreement with Cell One. That is a feather in the Town Board's cap.
Nice job. I have received comments from other attorneys that they appreciate what the Town
did with that project because it sets a good precedent for other towns on how to administer
their tower law.
Cl Grantham - So they signed an agreement to colocate.
Supv Schug - We should be receiving a copy of a report showing all the high structures
throughout the entire county. That is in answer to comments made with 911 needing seven
new towers. This will help everyone colocate.
TOWN CLERK
Supv Schug - Has not had an opportunity to read the minutes of July 26.
Cl Grantham - On page 7 of those minutes there is a comment by Dave Weinstein and
then a comment by Doug Sutton. It seems like there is something missing.
B Hollenbeck - Will check on that.
Supv Schug - We don't have to approve them now, well leave those for next time.
B Hollenbeck - Has decided to go with Gestetner for a copy machine. When they
combine the service contracts for the three machines it will result in additional savings of
nearly $600 per year. The machine can be networked at some point in the future if we should
decided to do so.
Page 18 of 26
TB 9 -7-99
B Hollenbeck - I spoke with Roger Yonkin about the Bethel Grove polling place. They
is don't intend to make any changes. He claims that a person having difficulty getting in there
can drive to front door and that they %%U close the part of the driveway that has the big bump.
You may want to consider another place for next year's elections.
Cl Grantham - Can we help them out because it is a polling place?
Supv Schug - We normally don't do that. We did run the grader through the driveway
at Ellis Hollow, but I don't think we've ever paved the community center's parking lot. We can
go out and take a look at it.
Atty Perkins - It would be an unconstitutional gift unless it is part of a contract for
services. It has to be supported by adequate consideration.
Supv Schug - In other words, we do some paving for the fire companies. We do that
because of what they do for the Town, and we don't spend any Town funds. They pay for all
the blacktop, we provide the machinery and manpower. But we can take a look at it.
Cl Grantham - If we can't do this legally there is no point in looking at it.
Atty Perkins - If you were going to contract for the use of the community center for the
next ten years and the fair value of that equals the cost of repairs. If that was the agreement
and exchange you can do it. But you just can't go out and give taxpayers' money to a private
community association.
ENGINEERING
® D Putnam - With respect to the dry hydrant at NYSEG, I talked with the guy in charge
of the key and any weekday that you want a guided tour it can be done between 7 and 3:30. If
you want to go some other time you can have the key.
Cl C Hatfield, CI Grantham & Cl T Hatfield expressed an interest in going.
D Putnam - With respect to Town Hall air conditioning, we have talked with one person
and are waiting for a reply from a second on the proposal for that.
D Putnam - With respect to the NYSEG tank painting, I told you before that they were
requesting a time extension. They have made good progress. Some of the steel has been
shipped to the site and the rest should be there tomorrow. I recommend extending the
contract from October 1 to October 15. There is also a change order for a $2,515 credit for an
alternative method of paint removal. I authorized that and it has already been done. Larry has
scheduled a replacement of the valves. The two that feed the tank are leaking. We suspected
one was leaking and found out both were. They have no effect on the operation unless you
want to have the tank drained and dry for some reason. While we've got the tank empty is a
good time to do that. The Town is going to do that themselves.
RESOLUTION # 168 - EXTEND TANK PAINTING DEADLINE
AND ACCEPT $2,515 CREDIT
Cl Beck offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby extends the contract deadline for the painting
of the old NYSEG water tank to October 15, 1999, and it is
Page 19 of 26
TS 9 -7 -99
FURTHER RESOLVED, that this Town Board hereby accepts a credit in the amount of
$2,515.00 in connection with said contract.
21tri Cl T Hatfield
Roll Call Vote
ZONING OFFICER
C1 Beck Yes
C1 T Hatfield Yes
Cl C Hatfield Yes
Cl Grantham Yes
Supv Schug - You have a memo from Kevin in your packet regarding attending a GIS
Mapping Conference.
ZO Slater - You have the monthly report. It was a normal month. Project Impact is
moving along quite nicely. You'll note I asked you for another resolution tonight declaring the
25th of September Hazard Awareness Day in the Town of Dryden and we have also asked the
boards of the Villages of Dryden and Freeville to do the same. The reason for choosing that day
is that is the day of the Virgil Creek Flood Control Project tour. As part of Project Impact it is
our job to try to bring to the general public as much awareness as possible about hazard
mitigation. We have selected eight State Emergency Management Association and American
Red Cross brochures on how you can eliminate or somewhat mitigate hazards prior to their
occurrence around your home. We are trying to reach as many people as we can and we are
trying to do that on that day. We also have some good films that we would like to show
throughout the day, including footage of the January 1996 flood event. We will be meeting
next Monday at the Village Hall at 1:00 p.m. and will be reviewing the final draft of Final
Impact., our action plans. If our steering committee approves that it will be ready for the
general public. Two evening sessions will be held (one in Varna and one at the Town Hall)
where people can review it and make comments and criticisms. I need to get together with Cl
Grantham and Marshall Taylor in the near future because one of the projects I included in
Project Impact was the Fall Creek Watershed issue. I would like to get FEMA to give us some
funding for that project. Well set up a time that is convenient for all of us. I also included the
Yellow Barn Drainage project. The Fall Creek study could go clear across the Town and
probably benefit the whole population better than just the Yellow Barn one, though it is a
tributary of Fall Creek. I thought those were ideal prospects.
Cl Grantham offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board, believing it is in the best interest of its residents,
and to further protect the safety of its residents from the effects of natural and man-made
disasters, supports Project impact and hereby declares September 25, 1999, to be "Hazard
Awareness Day".
2ncl C1 T Hatfield
Roll Call Vote Cl Beck Yes
Cl T Hatfield Yes
Cl C Hatfield Yes
Cl Graham Yes
ZO Slater - I received a copy of a letter from the Director of SEMO of New York State
last week. It was a letter to FEMA and he had recommended a handful of communities to
Pagc 20 of 26
TB 9=7w99
is FEMA for consideration for funding and I'm proud to say that the Town of Dryden, based on
the work we have done so far, was one of those communities.
Cl Grantham - Ken Porter of Snyder Hill Road is very interested in helping out with
Project Impact if you need citizen help. He says he knows you, and he does emergency damage
assessment for the Red Cross, so he has expertise to offer.
ZO Slater - Thank you. Joe Lalley and I have met with the Cornell City & Regional
Planning Group. They will be holding two public information sessions, one on September 15 at
the Varna Community Center and one here on the 22nd. These will be similar to the efforts that
were made in the in 1989 effort when they tried to get public input as to what were the issues
and concerns of people living in the Town of Dryden.
With respect to Ottenschott and the Freese R,
modifications, part of that work was to be completed
the delivery of a large amount of wood chips, which I
project site, I have not seen any work. I wrote to Mr.
we were anticipating completion as scheduled. If he
operation,
gad matter. When you approved the
by 10/1/99 and 10/31/99. Other than
am told is for the final landscaping of the
Ottenschott last week advising him that
doesn't comply, well suspend his
K Ezell - Displayed some of the maps that have been generated to date and explained
some of the difficulties he has encountered. There is a NYS Graphics Information Systems
conference in Albany he would like to attend. Workshops will be held specifically designed for
local government. Part of this is so that he can more readily network with people who have the
expertise that he doesn't. He would like to stay two nights at a cost of $170, plus $55
registration and $20 banquet fee. There are two courses at TC3 on Microsoft Access. This
program will be used in formulating more reports, such as the end of the year report.
B Hollenbeck - Would also like to attend the Access classes.
RESOLUTION # 170 - AUTHORIZE EDUCATIONAL EXPENSES
Cl T Hatfield offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby authorizes the expenditure of an amount not
to exceed $400.00 in payment of Microsoft Access classes for Kevin Ezell and Bambi
Hollenbeck, and it is
FURTHER RESOLVED, that this Town Board hereby authorizes an amount not to
exceed $500.00 on a reimbursed basis, for registration and attendance at the NYS Graphics
Information Systems conference, including meals and mileage expenses.
2nd Cl Grantham
Roll Call Vote Cl Beck Yes
Cl T Hatfield Yes
Cl C Hatfield Yes
Cl Grantham Yes
K Ezell - This course will be useful in other things as well, two of which carne up
tonight. We will be able to pick a parcel and have a list generated of all parcels within 500' of
that parcel. We should be able to get the names and address and if we get real efficient and
put that into access to generate letters. There is a lot of versatility in this program.
Page 21 of 26
T8 9 -7 -99
HIGHWAY DEPARTMENT is
J Bush - No updates with respect to the mailbox policy and Hunt Hill. Quarry Road
has been discussed. The highway inventory was done and a draft given to Dianne. I thought
she was going to take care of it.
Cl Grantham - Relayed names and comments to Jack that she had received: Shirley
Jalso, 670 Snyder Hill Road, would lice the end of her driveway fixed (claims it was damaged
when work was done on Snyder Hill Road).
J Bush - Called her several times and told her it was something we would have to do
when we were doing another job. She's also called about someone else's driveway and the
water running into the road.
Hill,
Cl Grantham - She and other people also asked about: sweeping the stone on Snyder
J Bush - That was done today.
Cl Grantham - Can you paint stripes now?
J Bush -
I don't
have
a definite figure on the price. It may be very expensive and I'm in
hopes that we'll
call from Ward Hungerford the other
at least
that was one of the
get a
double
yellow
line.
they are having some trouble with it.
Cl Grantham - That would help for visibility.
J Bush - We never used to paint Town roads, but somewhere along the line we started
doing it. Now there are some here and there. Most are getting to the point where they have
faded pretty good.
Supv Schug -The dangerous, curvy roads we try to paint, like Freese Road. Ellis
Hollow Creek was striped because of the twists and turns.
J Bush - I plan on doing that
one and
again, I'm not sure
of the actual cost.
I missed a
call from Ward Hungerford the other
day and
that was one of the
things I wanted to
talk with
him about. He also suggested that we hold off on that Timberline program because
apparently
they are having some trouble with it.
I'm not
sure it would mean
anything to us because they
have other things that go along with
what we
are doing.
Supv
Schug - Years
ago when we
were striping
Don would do it at the same time some
other
Town or the County was
doing it in
order to save
some money.
Cl Grantham - Dru Wheelin on North Landon .Road had her driveway reconstructed and
they put a new culvert in and left the old one in (a little bit further down the road). She wants
to be helpful and cooperative in fixing the problem because her new culvert is causing washout
and she realizes that. She said she tried to talk to people in the Highway Department (she
doesn't know who). Whoever it was was not cooperative, pretty rude, and said we could sue
you for this. It seems to me there is something constructive we could do with that situation.
J Bush - I was the guy that was over there. I tried to be as nice as I could be. She
couldn't get it through her head that she created her own problem. What she had done was
put in a driveway and had a contractor do all the work and then expected us to come and
correct that problem. At that time I was the assistant, Randy was the deputy, and we both
talked it over and said that we felt we should not get involved because once we did any kind of
Page 22 of 26
T8 9 -7 -99
work there we would be right in the middle of an issue that really should be between her and
her contractor. She threatened to sue us and I said actually we could sue you.
Cl Grantham - The third one is a couple on Besemer Hill Road, Noel Kurtz and Laura
Hogan, who would like to convey that they would like Besemer Hill Road not to be widened and
the shoulders not to be widened because they are concerned about increased traffic and
increased traffic speeds.
J Bush - There are some trees at the top of the hill that will eventually have to come
down.
Cl Grantham - They didn't say anything about trees. They were talking about the
character of the road and concerns about traffic. I think it was because of shoulder work that
had been done recently.
J Bush - We haven't done anything on Besemer Hill other than stone and oil it last year
and do some trees down further.
Cl Grantham - I would also like you to explain to me, because I just don't really
understand about the August 10 Board meeting. We talked about putting equipment out to
auction and we approved a list of things to go out. One of them is this dump trailer and you
say that we use it and what we would do instead is contract out. I guess I don't understand
the reasoning for getting rid of it if we are going to contract out to use someone else's.
J Bush - It's cheaper.
41 Cl Grantham - It's cheaper to contract out than to keep it.
Supv Schug - There is a gentlemen who drove for us for 28 years. He recently moved
South. He used to run that truck, and Don thought it was a good idea, up into Homer and to
Skaneatles and draw stone with it. You can draw a lot of stone in a big hurry with that piece of
equipment and that is why it basically was bought.. Jack has found that since he is gone what
we really use that truck for is just for hauling the lowboy because we don't have somebody on
it full time. That is what Jack is trying to do with the highway department, cut down the
amount of equipment that is sitting around and not being used. By getting rid of that and
buying a bigger tractor the next time to haul the lowboy, one that will handle a snowplow, well
have a less expensive more sensible plan.
Cl T Hatfield - Suggested that we have a road cut permit procedure.
J Bush - Has started the process. We could then approve the location of road cut
because of line of sight issues.
Supv Schug - Deb, it might have been quicker to answer those questions if you had
given Jack a call ahead of time. I think they ought to be brought up here so the whole board
understands them, but I think it would be quicker for him to try to figure out what house you
are talking about ahead of time.
You have a copy of the August paramedics report. The Etna Fire Department has sent
us a copy of their newsletter. They had some problems in the past, but are working with an
attorney and getting an accountant.
There will be a TCMOA meeting Tuesday, September 21. They will be talking about
some Tompkins County Budget items that could be important to some municipalities. They
are going to talk about Tompkins County Watershed Funding for local municipalities. Well try
Page 23 of 26
TB 9 -7-99
to find out where the County is coming from and what they are doing and who is telling people
that they can have the Town's share. Every other Town has the same problem so we are not 40
alone.
We have the lease for the tank site with NYSEG. I believe you already did a resolution
on this. It is for $400.00 per year for ten years to rent the space the NYSEG tanks are on.
Mahlon has suggested that as soon as I send those out, well write them a letter letting them
know that well want to reopen it ten years from now.
RESOLUTION # 171 - NYSEG LEASE FOR WATER TANKS
Cl C Hatfield offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby authorizes the Supervisor to enter into a
lease agreement with New York State Electric and Gas Corp. for the space for town water
tanks, said lease agreement to provide for a ten year term and annual rental of $400.00.
2n6 Cl Beck
Roll Call Vote Cl Beck Yes
Cl T Hatfield Yes
Cl C Hatfield Yes
Cl Grantham Yes
Supv Schug - Mahlon was kind enough to do a resolution. The City asked us to work
together with them. I sent copies out to all of our partners in the water district. It protects the
Town and should be in your packet. The resolution is in connection with the Clean Water
Clean Air Bond Act. We have agreed to sit down and talk about regional planning with the six is
municipalities involved. It will be a two person representation to the Town. Until it gets going I
would like to be the representative until the meetings get started and 1'd like to ask Barbara
Caldwell. She has a lot of experience with the Plaruii.ng Board. If she is unable to do it, I'd like
to ask Henry to be on it. It has to be one elected official.
RESOLUTION # 172 - INTERMUNICIPAL COOPERATION FOR REGIONAL PLANNING AND
FORMATION OF COMMITTEE
C1 Grantham offered the following resolution and asked for its adoption:
WHEREAS, the City of Ithaca, the Towns of Ithaca, Dryden and Lansing, and the
Villages of Cayuga Heights and Lansing have submitted a joint application for state grant
funding under the New York State Clean Water /Clean Air Bond act of 1996 for municipal
wastewater collection and treatment (sewer) system improvements, and
WHEREAS, the Town of Dryden is committed to upgrading the condition of the Ithaca
Area Wastewater Treatment Facility and reducing phosphorous levels in Cayuga Lake, and
WHEREAS, the Town Board of the Town of Dryden believes that every municipality
needs to make its own decisions regarding the future use of the land within its borders, and
that growth issues in a region can have financial impacts on such matters as roads, bridges,
and public transit in many areas, and
WHEREAS, an Environmental Impact Statement will be undertaken as part of the
decision - making process involved in the grant application process, and 0
Page 24 of 26
TB 9-7 -99
WHEREAS, the Environmental Impact Statement can provide information about any
® growth- inducing effects of a proposed sewer agreement extending sewer to areas not presently
served by public sewers and the impacts associated with the extension of public sewers, now
therefore be it
RESOLVED, that the Town Board of the Town of Dryden resolves to work cooperatively
with the other municipalities on the Environmental Impact Statement and on a sewer
agreement that will provide mutual benefits to all parties, with an understanding that growth
and planning issues will be identified in the Environmental Impact Statement and discussed
prior to the signing of a joint sewer agreement among the sax possible partners, and be it
further
RESOLVED, that an inter - municipal group with representation from all municipalities
be formed in order to discuss regional planning issues that emerge as a result of the proposed
sewer agreement concurrently with the Environmental Impact Statement process.
2nd Cl T Hatfield
Roll Call Vote Cl Beck Yes
Cl T Hatfield Yes
Cl C Hatfield Yes
C1 Grantham Yes
Supv Schug - We have set the first meeting for Monday, September 27, 1999, at Cayuga
Heights to get things started. There's a new MOU that just came in from the County answering
some questions by Cornell University. I have forwarded a copy of it to Mahlon for his review.
We just got it this morning. We are still moving forward with the NYS DOT application and
hopefully Dave is moving forward with the water and sewer portion of it.
RESOLUTION # 173 - APPROVE ABSTRACT # 109
Cl C Hatfield offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves Abstract # 109 as audited, vouchers
#641 through 703, totaling $149,609.87.
2nd Cl Grantham
Roll Call Vote Cl Beck Yes
Cl T Hatfield Yes
Cl C Hatfield Yes
Cl Grantham Yes
Supv Schug - You can take a look at the payroll report.
Cl Grantham - Is this a budget workshop scheduled for October 21?
Supv Schug - Yes, do any of you have any problems with doing it then at noon?
Board indicated that would be fine.
Supv Schug - Hazard Awareness Day is also the open house that we didn't have when
we dedicated the Virgil Creek Dam project because it was so wet then. It is being mowed and
we are awaiting recommendations from Soil and Water in Syracuse on how to fix where the
leaks are and so forth. We will be meeting at the village hall on that day, probably around
10:00 a.m. There is a meeting tomorrow to firm up plans.
Page 25 of 26
TB 9 -7 -99
1 have not heard back from the Union _yet on the letter I sent in the middle of August, •
and that is where we stand with that.
On motion made, seconded and unanimously carried, the meeting was adjourned at
10:05 p.m.
Respectfully submitted,
' Bambi L. Wollenbeck
Town Clerk
Pagc 26 of 26
t
RUN DATE 09 -23 -1999 AT 14:54:15 PAGE 1
INVENTORY OF HIGHWAY MACHINERY, TOOLS AND EQUIPTMENT
�WN OF DRYDEN COUNTY OF TOMPKINS
DATE OF INVENTORY 09 -30 -1999
-------------------------------------------------------------------------------
YEAR PURCHASE
DESCRIPTION MANUFACTURED PRICE COND ID #
-
----------------------------------------- --- ------ ------- --- --------- --- - -
- - --
1 PICKUP TRUCK - #1 W /PLOW OPT 1998 $ 20,647.00 1GCGK24R1W21367
2 TRUCK #3 1 TON 1990 $ 16,498.00 GO 1GBHC34K7LE19878
3 TRUCK #4 - SNOW EQUIP 1985 $ 81,678.00 GO 1GDT9E4JOFV50390
4 TRUCK #5 - TANDEM 1991 $ 86,705.00 GO 4V2JCBDF5M809322
5 TRUCK #6 - SNOW EQUIP 1988 $ 79,115.00 GO 1GDT9E4JXJV60101
6 TRUCK #7 W /FRINK ONE WAY PLO 1995 $ 119,614.00 4V5JCBJF6TR84525
7 TRUCK #9 - DUMP W /VIKING 1991 $ 90,611.00 GO BNM00109OG
8 TANDEM #10 CAB & CHASSIS 1999 $ 67,479.00 4V5JC2UFOYN86932
9 TRUCK #11 - 4 x 4 W /SNOW EQ 1989 $ 100,194.00 GO 2M2S141C5KC00108
10 TRUCK #12 - SINGLE AXLE W /SN 1989 $ 74,590.00 GO 1M2P197Y7KWO0581
o11 TRUCK #13 DUMP 1 TON 4X4 1993 $ 20,016.00 GO 1GBHK34F3PE24493
12 WING #13A 1995 $ 8,549.00
13 TANDEM #14 CAB & CHASSIS 1999 $ 67,479.00 4V5JC2UF9YN86933
14 DUMP TRUCK #15 W /SNOWPLOW 1997 $ 29,879.99 IGBJK34PS055213
15 TRUCK #16 W /SNOW EQUIP 1997 $ 96,829.00 1HTGLAHT8VH44674
16 PICK UP #17 1996 $ 17,326.84 187HF16YSTS68900
17 TRUCK #18 - SNOW & BODY 1988 $ 81,490.00 GO 4V2SCBCF3JU50145
18 SWEEPER #19 8 1/2' 1990 $ 21775.00 GO 9034T9
19 PICKUP TRUCK #20 1992 $ 8,092.47 GO 1GTDC14Z7NE54091
20 BULLDOZER - #21 1972 $ 32,698.00 GO 96J2788
21 GRADER ##22 1984 $ 57,969.00 GO 27V7473
22 TRUCK #23 - TRACTOR 1986 $ 60,994.00 GO 1GDT9F4R7GV5383'7
23 TRUCK #24 W /DUMP BOX,PLOW EQ 1993 $ 97,645.00 1M2AMO8C4RM00246
04 SPREADER #24 TRUCK 1994 _
$ 2 92 0.00 125 OP10a
RUN DATE 09 -23 -1999 AT 14:54:15 PAGE 2
INVENTORY OF HIGHWAY MACHINERY, TOOLS AND EQUIPTMENT
�WN OF DRYDEN COUNTY OF TOMPKINS
DATE OF INVENTORY 09 -30 -1999
-------------------------------------------------------------------------------
YEAR PURCHASE
DESCRIPTION MANUFACTURED PRICE COND ID #
-------------------------------------------------------------------------------
25 LOADER #25 1986 $ 82,554.00 GO 99YO4463
26 LOADER #26 1991 $ 142,123.00 GO 4YGO0820
27 EXCAVATOR #28 1995 $ 166,509.88 86438
28 TRACTOR 431 W /AC 4WD 1998 $ 26,139.00 1147747
29 TRAILER #32 1994 $ 32,888.00 1E9N2204RE111112
30 TRUCK #35 - DUMP TRUCK 1991 $ 29,264.30 GO 1GBM7H1J108894
31 TRAILER #36 - SEMI 1964 $ 21950.00 FA 900125
32 CHIPPER #40 - ORANGE 1998 $ 15,527.00 012420
33 TRACTOR #41 1994 $ 22,815.00 BD87885
034 SNOWBLOWER #41A 84 -INCH F 1996 $ 3,450.00 21 -G -69
35 FLAIL MOWER #41B 1997 $ 9,875.00 TGER -0529
36 SWEEPER #41C 6 FOOT FRONT M 1994 $ 51290.00 945453
37 AIR CONDITIONER #41D 1997 $ 41494.41
38 ROLLER - ##42 1997 $ 87,480.00 A215C1594V
39 ROLLER ##43 1978 $ 331200.00 GO 1812- 137874
40 CHIPPER #44 1986 $ 13,497.35 GO 502
41 SHOULDER MACHINE 445 1995 $ 39,120.00 10020 -10
42 SANDER #46 10 -FT W /GRIDS FO 1997 $ 4,444.00 AFH10
43 SANDER #47 8 -FT STAINLESS ST 1998 $ 3,775.00 12612
44 SPREADER #48 MATERIAL 1986 $ 41740.00 GO 1255
45 SPREADER #49 - MATERIAL 1989 $ 2,248.40
46 SANDER #51 13 -FT 1998 $ 5,250.00 7965
47 SPREADER #52 - MATERIAL 1992 $ 2,900.00 8934
•48 SPREADER #53 - MATERIAL 1994 $ 3,107.00 BMS
RUN DATE 09 -23 -1999 AT 14:54:15 PAGE 3
INVENTORY OF HIGHWAY MACHINERY, TOOLS AND EQUIPTMENT
�WN OF DRYDEN COUNTY OF TOMPKINS
DATE OF INVENTORY 09 -30 -1999
-------------------------------------------------------------------------------
YEAR PURCHASE
DESCRIPTION MANUFACTURED PRICE COND ID #
------------------------------------------------------------------------- - - - - --
49 SPREADER #54 - ELECTRIC FOR 1995
50 SPREADER #56 1995
51 SANDER #58 10 -FT 1998
52 TRUCK ##62 PICKUP 1988
53 FORKLIFT #63 1997
54 PICKUP TRUCK #64 1992
55 ROLLER 465 RUBBER TIRED 1967
56 SPREADER #96 - 13 FT W/0 GRI 1991
57 TWO WAY RADIO #01 COMMUNICAT 1977
58 RADIO UNIT #02 - MAXTRAC 1989
X59 RADIO UNIT #03 1988
60 RADIO 404 1989
61 RADIO #05 1989
62 RADIO #06 W /EXTERNAL SPEAKER 1990
63 RADIO #07 W /EXTERNAL SPEAKER 1990
64 RADIO #08 (1988) 1988
65 RADIO #09 W /EXTERNAL SPEAKER 1,993
66 RADIO #10 W /EXTERNAL SPEAKER 1992
67 RADIO #11 W /EXTERNAL SPEAKER 1993
68 RADIO #12 W /EXTERNAL SPEAKER 1993
69 RADIO #13 BASE STATION 1994
70 RADIO #14 1994
71 RADIO #15 - 16 CHANNEL W/A 1996
h2 RADIO #16 - 16 CHANNEL W /AN 1996
$ 3,000.00
$ 61062.00 101382
$ 41280.00 9000
$ 81974.00 GO 1B7HD14YlJS75660
$ 16,338.00 A5878K -A
$ 81092.47 1GTDC14Z4NE54175
$ 11000.00 GC431023
$ 4,990.00 GO 125- AFHI3SS
$ 26,306.50 GO
$ 452.00 GO 428FPA2741
$ 482.50 GO 475FMS2447
$ 659.50 GO 428PPU2207
$ 659.50 GO 428FPU2208
$ 416.00 GO 428HQL1192
$ 416.00 GO 428HQL1193
$ 482.50 428FPA2741
$ 916.00 428ATJ2235
$ 394.00 428ASY4533
$ 486.00 D43MJA77A3CK
$ 486.00 428ASY4533
$ 759.98 428AUED863
$ 540.00 428TUW3581
$ 518.00 694 -A7678
$ 518.00 694 -A7684
RUN DATE 09 -23 -1999 AT 14:54:15 PAGE 4
INVENTORY OF HIGHWAY MACHINERY, TOOLS AND EQUIPTMENT
�WN OF DRYDEN COUNTY OF TOMPKINS
DATE OF INVENTORY 09 -30 -1999
-------------------------------------------------------------------------------
YEAR PURCHASE
DESCRIPTION MANUFACTURED PRICE COND ID #
------------------------------------------------------------------------- - - - - --
73
RADIO #19 - W /ANTENNA IN NEW
1997
$
518.00
G94- 40009753
74
RADIO W /ANTENNA
1998
$
513.00
827- A0001481
75
POST HOLE DIGGER
1980
$
554.54
GO
00031- 008939GH
76
PUMP - 2 INCH TRASH
1989
$
937.50
GO
HJ2770018
77
PUMP - 2 -INCH TRASH
1999
$
450.00
W2BE- 1195666
78
CHAIN SAW W/33 -INCH BAR
1995
$
850.00
33021
79
CHAIN SAW W /EXTENSION
1995
$
775.00
036591
80
CHAIN SAW W/33 -INCH BAR
1995
$
850.00
80EV006590TY
81
CHAIN SAW 16 -IN
1998
$
299.00
8140443
82
CHAINSAW 18 -INCH
1998
$
329.95
8142762
083
CHAIN SAW - 18 -INCH
1998
$
239.95
97322N100513
84
CHAINSAW - 14 -IN
1998
$
245.00
95750825
85
WELDER - PORTABLE
1960
$
749.50
FA
86
WELDER - ELECTRIC
1960
$
319.20
GO
87
WELDER
1995
$
21322.00
KF792446
88
SIcsNMAKER
1960
$
575.00
GO
89
BATTERY CHARGER
1982
$
200.00
GO
A102037
90
BATTERY CHARGER
1983
$
225.00
GO
HC1231
91
LAWNMOWER - 21 INCH PUSH
1986
$
275.00
GO
54035793
92
PORTA POWER
1965
$
279.60
FA
93
JACK - FLOOR,AIR 7 TON
:1.961
$
123.60
GO
94
JACK - HYDRAULIC, AIR, 20 TO
1969
$
585.00
GO
95
JACK - HYDRAULIC, FLOOR, AIR
1969
$
585.00
GO
06
JACK - FLOOR, 20 TON
1977
$
49.95
GO
RUN DATE 09 -23 -1999 AT 14:54:15 PAGE 5
INVENTORY OF HIGHWAY MACHINERY, TOOLS AND EQUIPTMENT
�WN OF DRYDEN COUNTY OF TOMPKINS
DATE OF INVENTORY 09 -30 -1999
YEAR PURCHASE
DESCRIPTION MANUFACTURED PRICE COND ID #
97 JACK 20 TON
98 JACK - AIR /HYDRAULIC
99 JACK HYDRAULIC 22 -TON
100 DRILL PRESS
101 DRILL PRESS
102 CHAIN FALL HOIST - MANUAL OP
103 VISE - BENCH 8 INCH
104 VISE - BENCH, 18 INCH
105 COMPRESSOR - AIR
106
COMPRESSOR - AIR
007
COMPRESSOR - AIR
108
LEVEL - TRANSIT
109
LEVEL - MINI -G TRANSIT
110
TOOL CHEST - MECHANICS WITH
111
TOOLS - SHOP MISC
112
TOOLS - SMALL, GREASE BAY
1998
$
835.00
113
GRINDER - PORTABLE WITH ACCE
114
GRINDER - BENCH
115
HIGH PRESSURE WASHER
116
SNOWBLOWER - USED
117
TRIMMER - STRING
118
TRIMMER - STRING
119 GROUND POUNDER
1020 POST PULLER
1997
$
639.00
LCN 93731
1998
$
835.00
50- 013449
1998
$
835.00
50013466
1996
$
229.99
011337
1983
$
299.00
GO
089206
1960
$
99.75
GO
1960
$
59.85
FA
1960
$
159.60
FA
1979
$
11551.00
GO
30T44119
1969
$
350.00
FA
1995
$
1,272.00
771421
1974
$
283.50
GO
1985
$
295.00
GO
1P -2373
1960
$
3,000.00
GO
1992
$
21000.00
1996
$
1,500.00
1978
$
346.40
GO
1984
$
338.89
GO
1BD -0127
1989
$
31895.00
GO
H14936
1976
$
200.00
FA
1988
$
110.00
GO
M0110GA117583
1993
$
394.51
M0030SX012464
1992
$
1,550.00
GO
1997
$
114.00
RUN DATE 09 -23 -1999 AT 14:54:15 PAGE 6
INVENTORY OF HIGHWAY MACHINERY, TOOLS AND EQUIPTMENT
�WN OF DRYDEN COUNTY OF TOMPKINS
DATE OF INVENTORY 09 -30 -1999
-------------------------------------------------------------------------------
YEAR PURCHASE
DESCRIPTION MANUFACTURED PRICE COND ID #
-
-------------- ----- ------- ----- ------- ------------------ ------- --------- ---- --
121 JUMPING JACK TAMP 1997 $ 11900.00 2714384
122 CAR CASSETTE TRUCK #20 1994 $ 119.99 01216811
123 SAW - CIRCULAR 1996 $ 159.99 347236
124 ROAD SAW - 13HP 1997 $ 11850.00 4496060
125 SAND BLASTER PUMP AND HELMET 1998 $ 11015.00 6094000355 &02288
DESCRIPTION ESTIMATED COST
-
-------------------- --- ---- ------------------------------ -----
----------------
EXCAVATOR $225000 & LOADER $110000 335,000.00
10 WHEEL TRACTOR 85,000.00
(2) 1 1/2 TON DUMP TRUCKS 85,000.00
3/4 TON PICKUP 251000.00
TOTAL 530,000.00
- - - - -= a- .? - - - - --
DEPUTY HIGHWAY SUPERINTENDENT
MA_HI.,ON R. PERKINS
477 I.Ae Road
P.O. Box 27
Dryden, New York 1.3053
607 - 844 -9999
September 7, 1999
James F. Schug
Town Supervisor
Town of Dryden
65 East Main Street
Dryden, New York 13053
RD: Appropriation by County of Tompkins
Dear Jim:
DRYDEN TOWN CLERK
Following your public explanation on August 26 of the status of the matter
involving me, Tompkins County, the Village of Dryden and the Town of Dryden I
felt I should write this letter to make sure that the record is clear and to
answer any potential lingering questions.
® When the
dam project started to
come to fruition you discussed with me the
sponsors desire to have Phil Winn
represent the County, Village and Town in the
acquisition of parcels from the affected
owners. You felt it
would be a conflict
if I were
to be involved since I
had previously represented
some of the affected
owners.
I agreed with you and
Phil Winn took over all
responsibilitiy for
acquiring
the property necessary
for the project and the
flooding easements.
This took
place before I learned
that Sib Stewart intended
to sell his farm..
I bought my farm on Lake Road from Sib Stewart in November, 1992. At the time
of closing the dam had been designed, appropriation maps had been prepared and
the sponsors were negotiating with the affected owners for the acquisition of
their property. Sib Stewart dealt directly with the sponsors. He did not convey
to me that portion of his farm which had been determined was necessary for the
dam project and depicted on the appropriation map. He conveyed the part of the
farm he retained directly to the sponsors.
In February, 1994 I heard from you and Jim Skaley that some of my farm was going
to be required for the project because of a change in the design of the dam.
That was the first notice I had that additional property was needed. The second
appropriation represented 23% of my farm and all of the property on both sides
of Virgil Creek cutting off all my water rights to the creek. (The importance
of the water rights has been made acutely important because of the drought.)
The sponsors' offer to me for compensation was unsatisfactory.. It was
unsatisfactory for a number of reasons, including the fact that the offer was not
® based on an appraisal; did not recognize the value of the property which was
appropriated for recreational purposes; did not recognize the. loss of water
rights; and it did not address the diminution in value to the rest of the farm
by reducing its size by 23%0
® James F. Schug, Town Supervisor
September 7, 1999
Page 2
Since I was not satisfied with the offer, the only choice I had was to file a
claim in court for compensation for the appropriation. I hired an appraiser who
appraised the damages. I did what any other person in the same situation would
have done, I sought the protection of the Eminent Domain Procedure Law which
protects all citizens when government takes their property from them.
This matter was decided by Supreme Court Justice William F. O'Brien, III from
Madison County. After a two day trial in April, Judge O'Brien rendered his
decision this July. I am enclosing a copy of Judge O'Brien's decision which
speaks for itself.
Throughout the entire dam project I have not undertaken any representation of the
Town in this matter. This was at your specific request. I did not represent any
of the landowners who negotiated with the sponsors or conveyed property to the
sponsors. I received payment for a flooding easement at the same rate it was
paid to all other owners whose property was to be flooded.
I attempted to insulate myself from this matter completely by relying upon
experts engaged by me. I relied upon their advice as to the damages suffered and
the court agreed with them.
® At absolutely no time did I ever seek intervention from or discuss this matter
with any elected official on my behalf. I waited over 5 years to have my day in
court which finally occurred this last April.
I don't want
there to
be any lingering
questions or issues with
respect to this
matter. I
have at
all times tried
to completely insulate
myself from any
conflict of
interest.
be put to
rest.
If you
or any of
the
board members
have
any questions
about this, please feel
free to
ask them
now
so this matter
can
be put to
rest.
Very truly yours,
"k4�
Mahlon R. Perkins
MRP /ld
pc w /enc:
Charles Hatfield
Deborah Grantham
Ronald Beck
Thomas Hatfield
Bambi Hollenbeck,
Town Clerk
e►
SPATE OF NEW YORK
SUPREME COURT
COUNTY OF TOMPKINS
MAHLON R
PERKINS,
Claimant,
V.
THE COUNTY OF TOMPKINS,
Respondent.
------------------------------------- - - - - --
Index 497 -846
* * * * * * * * * * * * * * * * * * * * * * * * * * * * **
RESERVED DECISION
Hearing Held: April 27, 1999
April 28, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * **
HON. WILLIAM F. O'BRIEN, III
JUSTICE PRESIDING
RAYMOND M. SCHLATHER, ESQ.
LoPinto, Schlather, Solomon & Salk
200 East Buffalo Street, Box 353
Ithaca, New York 14851
HENRY W.,THEISEN, ESQ.
Tompkins County Attorney
125 East Court Street
Ithaca, New York 14850
For Claimant
Fo.r Respondent
}
STATE OF NEW YORK
SUPREME COURT COUNTY OF TOMPKINS
KMLON R- PERKINS
VA
THE COUNTY OF TOMPI INS ,
Claimant,
Respondent.
Index #97 -846
RESERVED DECISION
This action was commenced by claimant pursuant to Article
of the Eminent Domain Procedure Law to detexzaine the amount of
compensation to be paid to him for land appropriated by
respondent on October .17, 1995 for use in the Virgil Creek Darn
Project. Thereafter, claimant filed a claim for permanent
appropriation on January 2, 1997 seeking therein direct damages
of $33,000 for the loss of land and consequential damages of
$520000 for loss and value of the remaining land and buildings.
Claima t later, an May 8, 1997, filed an amended claim, the
amendment of which involved making a claim for direct damages
(the loss otl borrow). This Court, by written decision dated July
9, 1998, granted respondent's motion dismissing so much of
claimant's amended complaint as sought damages for the
appropriation of borrow. After engaging appraisers, these
2
r 0
0 parties exchanged appraisals and filed the same pursuant to §508
of the Eminent Domain Procedure Law.
A non -jury trial was thereafter held on April 27 and 28,
1999. On the eve of the trial, this Court, pursuant to §510 of
the Eminent Domain Procedure Law, viewed the property. The Court
was accompanied by the claimant, claimant's counsel and counsel
for respondent. The Court examined the entire parcel, walking
over and through a substantial portion of the property including
the area known as Virgil Creek and the dam itself (Dry Dam).
Upon the conclusion of the non -jury trial and after hearing
all the witnesses and upon the receipt of various exhibits from
both P arties, this Court reserved its decision and now decides
and finds as follows.
Proposed Findings of Fact and Conclusions of Law were
submitted by the parties (respondent's submission was entitled
"Brief of Respondent ")
STATEMENT OF FACTS
Claimant, a member of the New York State Bar, on November
30, 1992 purchased the subject property which is located in the
Town of Dryden, New York (Tompkins County). This property is a
10 parcel of land of approximately 88.35 acres consisting of a
3
0 renovated two -story home and several out buildings. The subject
parcel is located in a rural area on the outskirts of the Village
of Dryden, New York.
The property is an irregularly shaped-parcel with 929 feet
of road frontage on the northeasterly side of East Lake Road in
the Town of Dryden. The property is bounded on the south by East
Lake Road, on the east by Carpenter Hill (an uninhabited mountain
that straddles the Cortland County /Tompkins County border), on
the north by Virgil Creek and on the west by scattered housing.
The property is also located directly across the street from the
Lakeview
Golf
Course (formerly known
as Dryden Lake
Golf
Course).
The
land
characteristics of this
parcel include
open
land
used for agricultural purposes and wooded acreage. The subject
parcel has approximately 524 feet of frontage on Virgil Creek,
its north boundary. Although a power line easement bisects the
subject parcel in an east /west direction, the same does not
interfere with the use of the property.
When claimant purchased the subject property in November
1992, the house on the property was a modest farm house in fair
to average condition with an out of code electrical system,
antiquated plumbing, low ceilings and similarly sparse or
deteriorating features (see claimant's Exhibits 9, 14 and 15).
49
Claimant, at the time of his purchase of this parcel, was aware
of the Virgil Creek Darn Project, including the intended
acquisition of a flooding easement on the property he was
acquiring and being.satisfied that this flooding easement would
not otherwise affect his ability to use the property as a
recreational resource and country estate, including the access to
Virgil Creek, proceeded to acquire the subject property. The
purchase price for this property was the sum of $175,000 which
Claimant allocated $100,000 for the 85 acres of vacant land,
$42,000 for the approximately 3- acre -sized homesite and house and
® $28,000 for the out buildings.
After acquiring the property and on March 16, 1993, claimant
granted a flooding easement for the Dam Project to Tompkins
County covering the 10.2 acres as originally planned by the
project (see claimant's Exhibit 8). For this easement, claimant
received the sum of $3,107.
Claimant, after purchasing the subject property, commenced a
major renovation of the home and out buildings on the property.
Between the years 1993 and 1995, prior to the appropriation
herein, claimant spent over $280,000 to improve these buildings
(Exhibit 17). The home has been described by these parties as
"an executive home ". Claimant's Exhibits 18 through 28 reflect
\� the extensive renovation project undertaken by claimant. The
renovated home features a variety of modern amenities and
customized touches including, but not limited to,.two large field
stone fireplaces made from stone taken from the property's field;
cherry wood flooring, staircases, cabinetry and wainscoting;
spacious windows; granite counter tops; high ceilings; master
bedroom suite with*one of the fireplaces, walk -in closet,
separate bath with shower stall and jacuzzi; and state -of- the -art
mechanical systems. Out buildings were improved with a new roof
on one, new doors and windows on all and the installation of
® electricity and water to all (see claimant's Exhibit 13). Other
improvements made to the homesite included the rearrangement of
the driveways and roads, removal of a utility pole and the
installation of underground utilities.
Virgil Creek Water Shed Plan
Tompkins County and other municipalities in cooperation with
State and Federal authorities had adopted the so- called Virgil
Creek Water'Shed Plan including construction of a dry dam at the
time claimant first purchased the subject property in 1992. This
plan,
in relevant
part,
included a provision
for the
acquisition
® of a
flooding easement
from claimant over
10.2
acres
of land
in
C
a
the northern end of the property adjacent to Virgil Creek. The
dam itself was to be built on lands located to the west of
claimant's parcel and involved disturbance of the stream bed on
such other lands, but no such disturbance of the Virgil Creek as
it passed through and bordered the claimant's property. Three
years after claimant purchased the subject parcel with knowledge
of the Virgil Creek Water Shed Plan including the 10.2 acre
easement, the respondent changed the design of the Virgil Creek
dam and implemented a second appropriation. This appropriation
was perfected by the filing of the appropriation map on October
40 17, 1995, in this appropriation, the respondent,.Tompkins
County, acquired 20.49 acres from claimant. This appropriated
parcel consisted of approximately 15 acres of productive
agricultural land and wooded acreage along Virgil Creek of
approximately 5 acres. This parcel is the northerly most 20.49
acres of
claimant's
signs"
were
land. As
a
result
of this
appropriation,
claimant
no
longer
and
has access
to
Virgil
Creek.
Any doubt
concerning the termination of claimant's access to Virgil Creek
is resolved by the respondent placing "posted signs" along its
boundary of the 20.5 acre parcel with claimant's land. These
"Posted
signs"
were
observed
by
the
Court during
its view of the
® premises
and
were
conspicuously
located
along
the
common boundary
Fri
n
between the claimant's land and the appropriated 20,5 acre
parcel. The 55po5ted sign' stated: POSTED. PRI VAT 2 PROPERTY.
HUNTING, FISHXNG, TRAPPING OR 'TRESPASSING FOR ANY PL POSE IS
STRICTLY FORBIDDEN,
Virgil Creek
VIOLATORS WIDE BE PROSECUTED_
As described by Witness Richard Grossman (claimant's
witness) , a college professor with yeas of experience as a
fisherman (all of his adult life) and who i.s a member of TroUt
Unlimited and the Board of Di-rectors of the local chapter, Virgil
Creek is a high quality trout fishing stream with an excellent
reputation with respect to its trout fishing qualities. Witness
Grossman, while familiar with Virgil Creek itself, also
£amilliarized himself with the portion of the stream located
within the 20.5 acte parcel appropriated by respondent from
claimant. Witness Grossman described the subject portion of
Virg 11 Creek to be unusually secluded, meandering and untouched
and otherwise ideal for trout fishing. He found the area to be
especially attractive because of its remoteness from roadways and
because of its.prietine running waters, its many pocl53 and its
shade -- all conducive to exceptional trout fishing, Thke
witness further described the characteristics of the hrown and
N
brook trout which are located in Virgil Creek_ These fish do not
migrate much and stay in small areas. For habitat, these fish
like cold water which is flowing (for oxygen) alQnq with deep
holes or pools for comfsrt in the Summer. -This habitat is
exactly what is found on that portion of Virgil Creek which
borders the northerly boundary of the claimant's former parcel.
Claimant, prior to the appropriation, had approximately 524
feet of frontage along T11rgil Creek at claimant's northerly
bo ndary
which provided unlimited access to the stream for,
fishing. Virgil Creek was readily accessible to the users of
claimant's property, in this regard, the topographer of the land
was entl sloping to a wooded area to a creek bed and accessible
� �' P 9
by way of a variety of paths and trails. Before the
appropriation, claimant and his family used the Virgil. Creek and
adjacent lands for fishing, camping, horseback riding, hunting
and tether recreational activities_ Subsequent to the
appropriation and due to the appropriation, plaintiff and his
family have no access to Virgil Creek.
The Court`s view of the subject premises included walking
over the subject property for a substantial distance prior to
reaching Virgil Creek and then walking along most of the 524 feet
0 of frontage that claimant previously had along the creek. I
9
0 observed the very same and identical topography of the land as it
approached Virgil Creek as Witness Grossman described and also
made the same ahservatzvns of Virgil Creek itself as described by
witness Grossman. i saw a quietr isolated; meandering stream.
The meandering stream could not only be seen, but the noise of
the rush of the water over the racks and boulders in the stream
could easily be heard. The attractiveness for recreational
purposes for this portion of Virgil Creek is quite apparent upon
simply viewing it. it zs easy to see how fisherman, like Witness
Grossman, find this particular area to be good qualxty fishing
0 and to give the fisherman a good fishing experience
Witness Vincent Bruno, a neighbor of claimant and who owns
property on the north side of Virgil Creek, appeared as a witness
for claimant. witness Bruno also had all of his Virgil Creek
access approprxaCed on the other side of the creek by respondent
for the dam project. He described such a taking as a real loss
to him, that he lost the pleasure of his land and that he later
purchased some 25 acres from another neighbor so that he would,
once again, have access to Virgil Creek so that he and his family
could resume the recreational activities previously enjoyed.
10
0
THE EXPERTS
Experts in the field of real estate appraisal, Kenneth V.
Gardner, XT, for claimant, of North East Appraisal. L Management
Co,, Inc. {hereinafter " Gardner"} and Jay J'_ Lesson, Eor
respondent, of Midland Appraisal Associates, Inc. (hereinafter
"Loson " ), conducted an investigation of the marketiiig area of the
subject parcel, completed an appraisal using the Sales Comparison
Method and then filed their appraisal reports. Thereafter, these
experts each testified extensively concerning their findings and
ultimate opinions on the mattex of the highest and best use of
the subject parcel both prior to the taking and subsequent -to the
taking.
Claimant's Expert, Kenneth V. Gardner, 11
Expert witness Gardner has been a professional real. estate
appraiser for twenty years. His business office is located in
Ithaca, New York, and in zelatxve close proximity to the nubject
parcel. He attended local schools and graduated from Ithaca
allege in 1979. He is an affiliate member of the Appraisal
institute artd has taken courses with such Xnstitute and acquired
a general certification as an appraiser with the State of New
York. He has participated in numerous appraisal education
II
courses (a list of qualifications may he found on page 67 of the
Gardner appraisal report). Additionally, he is an accredited
appraiser with the State of New York approved through the
Department of Transportation and, as such,, recognized by other
state agencies which allows him to do a variety of work for the
agencies. He has heen hired by the New YQTk State Department of
Environmental Conservation as well as several federal agencies
for appraisal work. He has represented New York State in
appropriations for highway purposes and also other
municipalitien. He is familiar with and has made appraisals for
properties that include water courses, as well as recreational
uses. He is familiar with the general ma3 eting area of the
subject parcel and, in particular, with the real estate market in
and about the County of Tompkins, New York. He is also familiar
with the population growth in and around the City of Ithaca and
in the County of Tompkins. He has testified often in proceedings
such as these, in the Court of Claims and the Supreme Court (some
sixty to eighty cases) as a representative of the condemnor as
well as the condemnee.
In early 1996, witness Gaxdner first hecame familiar with
the subject property at the invitation of claimant. At that
time, Witness Gardner physically inspected the subject property
1
r.
and toured the entire area of the appropriati-oz- Wetness Gardner
was later retained to complete an appraisal of the subject
property and, in that regard, he used the Sales Comparison
method.
The Sales Comparison Method is a process of investigating
and analyzing comparable properti c within the general marketing
area of the paarcel in question recognizing the trans£ers that
have occurred within that markeeting area which are as szmilaz as
nessibl� to that of the subject property and then, after
acquiring the data of those sales or transfers, making
appropriate adjustments to reflect the differences between the
subject property and comparable sales.
Witness Gardner's investigation and research in order to
determine the highest and best use of the subject property, both
prior to the taking, and after the taking, invcolved a thorough and
complete investi atiQn 'of sales and transfers of properties
within the general marketing area, a phyrsacal inspection of those
properties selected as comparables. as well as general discussions
with knowledgeable people in the real estate market, including
brokers, assessors and other property owners. witness Gardner is
the owner of North East Appraisal & Management Co -, Inc., and has
eithez prepared or personally supervised in the appraisal of over
13
0 18,000 properties in Tompkins County and a database has been
developed during this period of time coflcerninq theee sales which
Witness Gardner utilized in his appraisal work in this matter
The datahase actually included records of transfers and sales
going back into the 1950 "s and 1960 "5 as generated and maintained
by North East Appraisal & Management Co,, Inc.
Witness Gardner commenced his appraisal work by first
determining the marketing characteristics of the subject property
and of the general marketing area and found as key
characteristics of the subject property, before the
appropriation, the diverse acreage, the frontage on Virgil Creek,
the residence as a fine example of a nice home maintaining its
character in keeping with a farm setting along with barn
improvements and recreational activities such as the riding of
horses. Also, recognized was the fact that the claimant was
using the subject property as a hobby farm or gentleman farm.
Witness Gardner described the diversity of the subject
property as including frontage on Virgil Creek with woods and
brush area together with open land and a nice building site.
This type of property is not readily available in the general
marketing area_ This witness found it difficult to find property
with the same characteristics that was now available for sale and
14
was of the opinion that there is a7} active market for this type
of property among prospective purchasers,
witness Gardner, after completing his initial, investigation
and assessment of the subject panel, determined the highest and
best use of the subject property to be that of a country e53tate
with diverse recreational acreage. in reaching this conclusion,
whep asked how he arrived at such, witness Gardrner stated
"because that is what you see when you go to that property and
that is what the market activity led me to that conclusion; the
fact that this has so many attractive physical attributes, a very
high quality, large home, the barn improvements which. enhance
marry of those recreational attributes, you have the complete
package with this property which is not typical to most
properties that you find. There are other properties like this
in Tompkins County, but they are few and far between,`.
Once witness Gardner detei�-nined the highest and best use of
the 8ubjec7t parcel, h� then proceeded to arrive at the valuation
for the subject property by using a comparable sales analysis
(other methods i.e., cost approach and income approach were
considered but rejected as not likely to produce an accurate
result)
15
I
0 Witness Gardner selected twelve sales of property in the
general marketing area as representative of the market for
recreational land in Tompkins Comity (see page 21 o.f. Gardner
appraisal) . Fiore of these sales 031 #6, 410 411, and #12) of
the twelve sales had been selected by witness Gardner as the most
comparable to the subject property (sale 412 identified in the
appraisal report is the sale of the subject parcel to claimant in
November 1:92). Witness Gardner took into account sales of both
vacant land and improved property in reaching his conclusion.
Using the Sales Comparison Method with appropriate
Is adjustments when comparing the subject property with those
comparable sales, W -itness Gardner concluded that the subject
property had a value of $375,000 before the appropriation
(reference is made to the Gardner appraisal report for a more
detailed description of the comparable sales and corresponding
adjustments made for the subject parcel), The p'e- appropriation
value of $375,000 consists of acreage of 85.35 acres at $1,250
per acre or $107,000; the 3 -acre building site, $210000 for a
eotal land of $128,000 and the residence at $230,000, barns at
$17,000 or total buildings of $247,000.
Witness Gardner then proceeded to evaluate the appropriation
0 by respondent of the claimant`s 20.49 acres, The area of the
16
appropriation is the most northerly portion of the subject
property and included productive agricultural land and wooded
acreage adjacent to Virgil Creek. Witness Gardner investigated
the effect of the appropriation of the subject parcel both as to
direct damages and what lie describes as consequential damages.
The direct damages involve the taking cf some 20.49 acres of land
consisting of 15 acres of productive agricultural land and 5
wooded
acmes.
Additionally,
to Virgil
Creek were
frontage
and access
then considered
to Virgil Creek
as a fishing
by
stream
was
eliminated,
reaching his
Damages
as
value
a consequence of
the taking of the 20.49 acres and, in particular, the elimination
of
access
to Virgil
Creek were
investigated
and
then considered
by
this
witness
lzi
reaching his
post-
appropriation
value
of
the
subject }parcel. In regard to the so- called consequential
damages, Witness Gardner examined the physical characteristics of
the subject property and concluded that the area taken had
substantially enhanced the total property for its recreational
attributes. He further found that the area taken provided
diverse cover, included wooded acreage as well as frontage on
Virgil Creek. He also recognized that the claimant and family
members used the property for hunting, fishing, hiking and
horseback riding+ He recognized that the property was purchased
by the claimant for its recreational land characteristics which
ON
rovidec� a very desirable parcel to establish a country estate_
He also recognized that after the claimant purchased the property
in 1992, some $290,000 in renovations were mane to the residence
and barn apart from the claimant's own labor. Witness Gardner
also took i�ito account the claimant's stated intent in purchasing
the subject parcel as an investment recognizing the overall
duality of the land, including its agricultural potentials, its
diverse cover and its frontage on Virg 11 Creek.
In reaching his conclusion concerning Post- appropriation
value, Witn ,2ss Gardner researched and then concluded that
recreational characteristics of properties substantially enhance
the value of those properties. He found that properties with
recreational qualities enhance the value of the property by more
than 30 percent. Witness Gardner found that, as a result of this
taking and the corresponding loss of the recreational quality of
this parcel, the overall value of the property had been reduced.
The land that was left to the claimant after the taping was
simply open land suitable for agricultural purposes but having no
significant recreational characteristics. Witness Gardner also
took into account the loss of the agricultural potential as a
result of the taking. The agricultural acreage taken here (about
15 acres) had been used by the claimant for the production of hav
18
Eor claimant's horses ttlat were maintained qn the - subject
property and that was sold to other farms to generate additional
income and to qualify for agricultural tax exiernptions. Witness
Gardner took into account that the claimant now has made
arrangements to rent additional land in the area to offset his
loss of the agricultural acreage.
Witness Gardner recocnized that the subject property has
been adversely affected by the presence of functional
obsolescence prior to the appropriation. Th8 claimant improved
the property substantially, and these improvements extended well
beyond the market value of the subject property. While
functional obsolescence is not unexpected for this type of
property by an owner sE�,�ing something more than a real estate
investment, in Witness Gardner's opinion, the appropriation by
respondents here exacerbated the functional obsolescence of the
claimant's property by restricting the recreational potential of
the property. Witness Gardner found that some of the
recreational characteristics of the subject parcel that made it
an attractive asset and that served as the very hasis for the
claimant's decision to invest such substantial sums in the
renovation of the bui1dinas thereon had been eliminated, witness
Gardner furtheLr found that the elimination of the recreational
19
I J
characteristics of the subject parcel will increase the subject
parcels marketing tiTner reduce its marketability and its value
all as a result of increased functional obsolescence
Witness Gardner then uszng the comparable sales approach to
arrive at an estimate of the subject property after the
appropriation concluded that the total value of the remaining
property is $315,000 for a total loss to claimant of $60,000.
This loss consists of direct damagcs of $26,000 {20949 acres X.
$1,250 per acre} and consequential damages of $34,000 ($17,000
for land and $17,000 fcf residence and barns). For further
detail and description reference is made to the Gardner
0 appraisal.
Respondent`s Expert Jay J. Loson
Witness Jay J. Loson, a professional real estate appraiser
for the past fourteen years, was reta -Ined by respondent to
conduct an appraisal of the subject parcel in conjunction with
the appropriation of a portion of it. Witness Loson has been
working as a real estate appraiser since November 1985 and has
been certified as a real estate appraiser in the State of New
York. He is associated with the firm of Midland Appraisal
Associates, Inc. of Rochester, New York, Witness Loson is a
20
graduate of the State University of New York Agricultural and
Technical College at Canton, New York, (1982) with a degree in
business banking, insurance and real estate and a graduate of the
University of Arizona (1985) with a degree in business and
finance. He is currently a member of the Board of Assessment
Review for the City of Rochester, New York, and an associate
member of the Appraisal Institute. He has completed real estate
appraisals for municipalities as well as financial and corporate
entities. He has completed a number of formal educational
courses in the field of real estate appraisal. (Reference is
made to a more detailed description of Witness Loson's
qualifications found on pages 80 and 81 of his appraisal report
filed herein) . His work has been concentrated primarily in the
Rochester area. He has also done a number of appraisals in the
Tompkins County area. Witness Loson has not testified as an
appraiser in any condemnation case; however, he has prepared
appraisals for such and has testified in tax certiorari
proceedings.
Witness Loson was retained by respondent to complete a fair
market value appraisal of the claimant's property to determine
such both prior to the taking and after the taking. Witness
Loson prepared himself for the subject appraisal by reviewing
21
various document's su!)mitted to him including a 1991 appraisal
report covering the darn project, a survey of the subject property
and other information in general concerning the market area of
the subject property as well as the characteristics of the County
of Tompkins and the area of Dryden, New York, in particular
Additionally, Witness Loson inspected the property on �Dctoher 10
1997 (although this inspection did not include the area of the
frontage on Virgil Creek) . AdditioTially, Witness Loson
familiarized himself with the neighborhood and the area in
general, measuring such things as distances of the subject parcel
from the Village of Dryden, New York, and the City of Ithaca. He
eseaached several sales in the irnmediate neighborhood as well as
in the Town of Dryden. He spoke with real estate professionals
concerning sales activity and array trends in the area. He spore
with the Tompkins County Assessment Department and received
I
nformation concerning land sales in the area.
Witness Loson described the subject property as being in an
area that was very scenic which includes Dryden Lake and which is
located opposite the golf course, alb. of which he found to be
positive dualities. He found the area to have scattered
development, including both old homes and new hcm�s and a mobile
home park about a mile from the property on Soiithforth Road. He
2
}
found the entire area to be primarily residential and
agricultural in use_
Witnass Loson described the subject parcel
and the improvements thereon generally in the same way as Witness
Gardner. In determining the highest and best use of the subject
property, Witness Loson ccn53idered an assortment of factors, all
of which are more particularly detailed in his appraisal report
(page 39 through 41) and concluded that the highest and best use
of the subject propert. is for a single famiXy residential
occupancy and agricultural purposes.
Witness Loson proceeded to conduct an investigation using
the comparable sales method to arrive at a land valuation. In
doing this he considered eleven sales of vacant land located
withi-a the general marketing area, and of those sales selected
four for direct comparison to the subject property with
comparative adjustments (reference to Loson appraisal for more
particular detail on these comparable sales at pages 42 through
54). Witness Loson reached a conclusion based on those
comparable sales that tie market ;slue aE the land of the subject
parcel as vacant land was $850 per acre or $75,000. Witness
Loson then proceeded to consider the value of the property,
I
ncluding impzovements, and considered eleven
residential/agricultural sales, and of those eleven, selected
0 23
four sales for direct comparison with adjustments (reference to
Loson appraisal at pages 56 through 67 for further detaill.
Fitness Loson concluded that the fair market value of the subject
property prior to its taking was $373,000 fa difference of $2,000
less than the fair market value appraisal opinion of claimant's
expert, Witness Gardner)
Witness Loson then proceeded to evaluate the subject
property after the taking of some 20.49 acres. Witness Loson
determined the value of the parcel taken base on the estimated
land value of $850 per acre fvr each acre taken (20.49 acres)
He cites, in particular, use of a comparably sale identified as
sale VL -4, a 34.10 acre parcel bordering Virgil Creek, located
within a mile of the subject property and in close proximity to a
trailer park.
Witness Loson found that although claimant's parcel had'been
reduced by some 20.49 acres as a result of the appropriation, the
site, nonetheless, had the same road frontage and a similar
proportion of open fields/pasture area. Witness Loson
acknowledged that the parcel taken was located along the
northwestern and north boundaries of the claimant's property
encompassing tillable land as well as a sloping recreational area
L
nclusive of woods and the Virgil Creek access frontage. He
24
A F
concluded that the overall effect of the taking had been a
reduction in the land axea as well as an increase in proportion
of open fields /pasture area.and a reduction iri recreational land
area. He concluded further that the buildings on the site
remained unaffected by the taking. He found that the parcel
remaining after the appropriation continues to have the highest
and best use for a single family residential occupancy and
agricultural purposes. Fe proceeded then to value the remaining
parcel after the taking and concluded that the property had a
fair market value after the appropriation of $356,000 (a
difference of $17,OGO less than prior to the appropriation) . It
was this amount that the respondent's offered to claimant-as fair
compensation for the 20.49 acre parcel of land condemned and
taken by respondents for the dam project.
Witness Loson, in reaching the fair market value of the
claimant's property after the taking, re- examined the eleven
comparable sales researched and analyzed in evaluating the
subject property before the taking and selected four of those
sales for direct comparison, placing the greatest emphasis on
sale R�3. (Reference is made to Loson appraisal for further
details at page 73 through 74).
I 25
RELEVANT LAW /ANALYSIS
The dispute here centers on whether or not, as a result of
the taking, claimant has sustained consequential damages related
to the loss of the recreational attributes of the claimant's
parcel prior to the taking. Claimant's expert not only
recognized that the parcel had such recreational attributes, but
proceeded to find that a substantial portion of such had been
lost with the appropriation of the 20.49 acres. Witness Gardner
found that while the property already suffered from functional
obsolescence, the loss of its recreational attributes further
contributed to its functional obsolescence resulting in total
damages of approximately $60,0006
Respondent's witness, on the other hand, neither recognized
the recreational attributes of the subject parcel nor took such
into account when arriving at the fair market value of the
subject property after the taking.
The result- here turns on the opinions of these experts.
Having heard the testimony of these experts, witnessed their
courtroom demeanor and the way in which they handled cross.
examination, having reviewed extensively the written appraisal
reports of these experts and having visited and inspected the
subject premises, including a walk along most, if not all, of the
26
subject parcel's frontage on Virgil Creek and throughout the area
is h Court is now equipped to determine the amount
appropriated, the
of compensation to be paid to claimant as a result of this
appropriation. The opinions of these experts have been presented
in this matter for the information of this Court and to aid this
Court in reaching its conclusion. As with any trier of fact
dealing with expert opinion evidence, careful examination of
their qualifications and of their skill and knowledge in the area
of their expertise, the comprehensiveness of their work as well
as their courtroom demeanor and the way in which they handled
themselves during extensive cross- examination are matters taken
0 into account by the Court in reaching its conclusion.
While both expert witnesses are professional real estate
appraisers, Expert Witness Gardner presented a much more complete
knowledge and understanding of the subject matter at hand then
did Witness Loson. While both spent a substantial amount of time
working on the project and each worked hard to arrive at what
each believed to be the fair market value of the subject parcel
after the appropriation, Witness Gardner located comparable
properties more closely reflective of the subject site than did
Witness Loson. For instance, Witness Loson relied on the sale of
VL -4, a 34.10 acre parcel bordering Virgil Creek. This parcel
Is 2 I
was very close if not across the street from a trailer park and
was landlocked. These factors were not taken an.o account by
Witness Loson when adjusting the per acre sal& price of that
parcel with the subject parcel. A negative adjustment should
have been reached after considering these characteristics of the
subject parcel..
Additionally, in considering sale VL -7, a vacant parcel
located along New York State Route 13, Witness Loson failed to
take into account that the parcel sold one year later minus some
5 acres which was subsequently developed as a residence for the
same price it had sold for as vacant land. Witness Loson also
Isgave the same force and effect to a utility easement on this
subject parcel as he did to the utility easement across the
claimant's property even though the utility easement for the
subject parcel eliminated 200 feet of road frontage from the
parcel which had originally 356 feet. I reject such as seriously
flawed.
Furthermore, a $250 adjustment (an addition to the per acre
price) for location and topography /coverage is substantially
insufficient. Additionally, Witness Loson did not take into
account that some of the sales.which he used as comparables came
about by reason of financial pressures on the owners and a
Is 28
divorce.
Witness
Loson, when relying
on
sale
B -5
as a comparable
and established
an
improved value
of
the
subject
r
property fai led
to take into account land sales of this parcel by the subject
owner after acquisition which, when taken into account, would
reflect some $1,150 per acre for that parcel. witness Loson,
when comparing sale VL -2, failed to deduct from the road frontage
of that parcel road frontage of a 5 -acre and 10 -acre parcel
previously sold of some 584 feet and then failed to take into
account that a utility right -of -way eliminated 300 or so feet
from the road frontage for building purposes. These factors were
not recognized when comparing this parcel with the subject
0 parcel. Witness Loson, furthermore, made no adjustments for
location when comparing the Bremmer parcel and the Bruno parcel
(VL -2 and VL -4). Failure to account for such left the comparable
comparison flawed.
Witness Gardner, by reason of his training, education and
experience (heavy concentration of local experience in the
general market area), was substantially more persuasive with his
investigation, analyses and findings than Witness Loson.
Additionally, Witness Gardner demonstrated an extraordinary grasp
and command of the subject matter at hand during his direct
testimony and, in particular, his cross - examination testimony.
® 29
Rarely, if ever, was it necessary for him to refer to a reading
of his report or any other notes to assist in answering questions
presented both on direct and on cross - examination. Additionally,
he was quick to admit several mistakes when confronted by the
cross - examiner with poise and a calm acknowledgment of the
mistake. Witness Gardner, too, made some mistakes in his use of
the comparable sales method. His comparable land sale $#11 did
not take into account that the deed of conveyance came as a
result of a mortgage foreclosure. Witness Gardner also
mistakenly computed the square footage of claimant's home (off by
some 800 feet). While other characteristics such as location and
size of some of the comparables used by Witness Gardner may be
said to impact on the opinions of Witness Gardner, if taken into
account, Witness Gardner did not so adjust in several comparables
and offered sufficient explanation for the same to support his
conclusion.
Witness Loson, a Rochester, New York, based expert, lacked
the local expertise and knowledge in the subject general market
area otherwise held by witness Gardner. This lack of local
expertise and knowledge in the general marketing area, which had
been acquired by witness Gardner after his some twenty years of
work in the area, is reflected in Witness Loson's selection of
30
comparable sales and those he used for direct comparison.
Furthermore, Witness Loson did not demonstrate the same command
of the subject matter during his direct testimony and, in
particular, his cross - examination testimony as demonstrated by
Witness Gardner. It was, in fact, necessary for Witness Loson to
often refer to his report or other notes to assist in answering
questions both on direct and on cross- examination; and he was not
quite so quick to admit mistakes when confronted by the cross-
examiner. All matters considered, Witness Loson's testimony was
not convincing nor impressive to the point that this Court should
accept his opinions and conclusions to the exclusion of those
offered by Witness Gardner.
Having visited the site and having seen firsthand the
location of the 20.49 -acre parcel appropriated by respondent and
its frontage on Virgil Creek, it is easy to appreciate claimant's
loss. Claimant did not just lose 20.49 acres but, rather, 20.49
acres which provided him some agricultural use and, more
importantly, recreational use and access to one of the finest
trout fishing streams in the State. This is a substantial loss
and a substantial dimunization of the use for which the claimant
made of his property. Real Estate Expert Appraiser Gardner
recognized this, took it into account and found comparable sales
31
which would reflect recreational use and concluded that the net
effect of this taking was a loss of $60,000 to claimant. The
opinions of witness Loson are rejected not only because of the
flaws and limitations found with his comparable sales, but also
because this Court substantially disagrees with his opinion and
rejects the opinion for failure to take into account the
recreational attributes of the claimant's parcel and the
consequential loss to what was left of the claimant's parcel
after the appropriation due to the elimination of these
recreational attributes.
Claimant has been consequentially damaged as a result of the
® appropriation. The value of what he has left has been diminished
and, as such, he is entitled to recover for the corresponding
loss. City of Yonkers v State of New York, 40 N.Y42d 408
(1976) . The claimant had a parcel of land which had recreational
attributes and, in particular, access to Virgil Creek. The
quality of fishing in that creek is undisputed in this
proceeding. These recreational qualities and the access to
Virgil Creek substantially enhanced the value of claimant's
property as it existed prior to the appropriation. It has long
been recognized in this Judicial Department that claimants in
condemnation proceedings are entitled to be compensated for the
0 32
loss of
enhancement
as a
result
of
an
imminent
domain
taking.
Purchase
Hills
Realty v.
State
of
New
York,
35
A.D.2d
78 (3rd
Dept. 1970) .
Accordingly, on the facts found herein and for the reasons
set forth, claimant has been damaged in the total sum of $60,000.
Claimant is entitled to a judgment against the County of Tompkins
for the sum of $45,690.50 together with interest at 9 percent per
annum from October 17, 1995 (respondent to receive credit for
$14,309.50 previously paid). No credit shall be given for the
sum paid for the flooding easement as that was a separate,
distinct matter from the complete appropriation. The judgment
granted herein is without prejudice to any proceedings commenced
by claimant pursuant to EDPL §701
Counsel for claimant shall submit an Order consistent with
this decision on notice within 30 days.
k
Dated: July J&, 1999
wampsville, NY
William F. O'Brien, III
Justice, Supreme Court
Papers filed with the Tompkins County Clerk:
1. Decision (dated July o«t', 1999)
2, Midland Appraisal Associates, Inc., Appraisal Report
(October 17, 1995)
3. North East Appraisals & Management Co., Inc., Appraisal
Report (October 18, 1995)
kK
TCW% cr uuyurs
l ,
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Town Board Meeting
September 7, 1999
Au
Address
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