HomeMy WebLinkAbout2001-05-09TS 5-9-01
TOWN OF DRYDEN
TOWNEOARD MELTLVr
May 90. 2001
Board Members Present: Supv Mark Varvayanis, Cl T Har field, Cl Ronald Beck,
Cl C Hatfield, Cl Deborah Grantham
Other Elected Officials; 13arabi L_ Hollenbeck, Town Clerk
Jack Bush, Highway Superintendent
Other Town Staff, Mallon Rr Perkins, Town Attorney
Henry Slater, Zoning Officer
David Putnam (TG Millers), Town LET &ei er
5upv Varvayanis opened the town board meeting at 7,07 p_nu, Board menxhers and
guests participated its the pledge of allegiance followed by a moment of silence.
RESOLUTION #129 - APPROVE ABSTRACT #105
Cl T Hatfield offered the following resolution and asked for its adoption:
P6SOLVED, that this Town Board hereby approves Abstract # 105, as audited, vouchers
#322 through 399, totaling $326,194,17_
2nd Cl Grantham
Roll Call Mote
Cl Beck Yes
Cl T Hatfield Yes
Supv Varvayanis Yes
C1 C Hatfield Yes
C1 Grantham Yes
CITIZENS PRIVILEGE OF THE FLOOR
John Bailey, Bailey Insurance, presented board members with a proposal for renewal of
the Town's insurance program 6 f 1 f 01 through 6 f l f 02, He ,stated that the M' surance industry
has entered into a hard market which means availability of in ante is tightening up.
Premiums are ris`i. in all classes of business due to a variety of reasons. Companies have
been competing aggressively lbe past ten years for premium dollars to invest in the stack
Tnarket. The market has not done well and companies of gone away from the underwriting
practices -to attract premiums, which means they have not collected enough premiums to mover
the losses they have irrmxurrecl. Companies are now charging the right premiuxxt for the
exposure. In the Labor Law there is absolute Liability where if a contractor working for the
Town falls from a height of any kind, the Town could be held absolutely liable for that inj
ki ury.
These things all impart the price of insurance. Reinsurance costs have also risen.
The proposal includes,
Property coverage for value of $1,696,940 ($1,000 deductible)
General liability
Occurrence limit $2,0+70,000.
Personal & Adverti sing Lnju*y $13040,000.
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T8 5 -9-01
General Aggregate $3,0010,000.
Products & Completed Operations $1)0001000
Automobile
Combined single unit $1,000,000
Supplemental Uninsured f Underinsured cov_ $50,000
Personal Injury 1''eatecti.on $75,000
Mired & Non mowned liability $1,000,000
(vehicles covered have been reviewed with H ghvr4y Supt,}
When comhined with the. umbrella the auto Eab lity would be $6,000,000
Contractor's equipment floater f backhoes, etc): For a $250.00 deductible, the premium
would lie $8,077, for a $1,000 deductible the premium would be $51164 (recommended). Due
to losses by the Town the last three yeam (last year's claims were $95,000)1 the company has
ofi'ered an increased deductible ibis year),
Public Employees blanket Bond
Public Employee Dishonesty
Excess Limit of Insurance for
Town upervimi-
Tax Collector
Umbrella: f increa�ed coverage)
Boiler & Machine Ty
Owners & Contractors Protective Liability
Public Officials Liability
$3(0001
$30,000 _
$750,576.
$550001000_
$11000,000,
$11000,0100.
The premium for this coverage is $48,873,00, an increase of $7,689.
A summary
of premiums paid
since 1993 was
presented that showed how the market
has fluctuated over
tirfie_ In 1994=95
Ihe'fown paid
$65,889.
Mr. Dailey offered to meet with the insu-taxlce comxixittee and 1:hariked I;he'Cown for
working with them for the past 40 plus years.
Erica Evans, 49 Turkey Hill Road - I have several non - related items I'd like bring up.
Thu firsr one is brush plickup, We've alwrays been told that we have such a lame. district it can't
be done, and yet Lansmg does this. So I'm wondering if we can think about drying this- The
�;ecnnd one is a trailer ordinance_ C�n Route 366 we have gotten a huge accumulation of
storage t.railess and it's begu,ning to look like a junk yard_ J thix�,k the Town Board owes us
that they think about it and maybe do something about it. I also feel that we tend to approve
new developments_ It's true we can't stop everything, but perhaps the Town Board needs to be
a little mom careful in trati-ic planning because DOLT certainly doesn't do it We can have a
huge bighway like Highway 17 on 366 or Turkey Hill Road unless you give it more though: as
to where developments should be. The last thing is I wonder hour wc; could go about having a
no parking on the shoulders at night time on Turkey Hill Road from 066 to Mt Pleasant. This
winter it's been a real dangerous thing for plows and it's lucky we didn't have ar3 acc-idenL And
what do we do to pass such a law?
Jack Bush stared he was unsure about restrictions on overrii&t parking, but that he
had received a phone call from Ward Bungerfcwr L asking for his opialy? on that particular
situation- The snow plow operators who plow thit road didn't seem to feel th.�kll there was any
issue with the parking and to Jack's knowledge Mr. Hu;ngerford didn't feel three was a deed to
pursue the matter.
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6 Evans stated that it makes driving on the hill citfficult in the winter. There is a pile of
snow in the read after plowing after the cars move- This occurs at an apartment house where
there are more than parking spaces.
upv Varvayanis - Well, you won't' get a law drafted tonight, but we'll thin about it-
E Evans - Maybe you can do more than think. Maybe you can do something about
some of these things. It would really be nice.
Jack Bush - To be honest, the last two years I've debated about trying to do a pickup
along the curbside, and I just don't feel that we have the manpower or the time to do that.
What I wanted to do this year, rather than offer one location, I wanted to offer three different
locations. One would be , John n Road. We are hoping possibly the Eths Hollow Community
Center and possibly a site here at the Town Hall. I haven't got an answer from the 'k Uis Follow
Community Center, If they aren't willing to do this, there is aplace on Came Farm road that
belongs to Cornell where the County has stockpiled gravel. I'll find out if we can do it there -
E Evans stated that it is still difficult for those who don't have trucks to move greW big
things, and that is not a solution.
John Tottey, 292 Seam Hill road - 24 year employee of the Town of Dryden. I 've been
in receipt of a decision from an Article 75, Civil Service Dearing, and I'm here to find out when
I'm gnir to be reinstated to my jab as recommended by the hearing officer. The only reason
that I aye here at all is because of a political witch hunt against me by certain elected officials
ui the Town of Dryden who have an animus against me. It's the use of tax dollars to fund this
witch hunt I abject to and there's other consequences of it. I believe tonight I will probably be
fired, discharged from my position at the Town of Dryden. Some of the consequences are lire in
.1999 the 2911, of April, my 2011' wedding anniversary, my wife had open heart surgery. 1 will
lose my health insurance if I'm discharged. She still has medical needs, The Town is opening
itself up to huge liabilities and again, this is noffrr but a witch hunt against me and it's
against my mining for Highway Superintendent. I've rust twice- It's against my union activity -
I'm the shop steward - The Teattisters that are the Union that represents the highway
employees. We don't have a contract. We've been without a ran"ct For four years. We first
orgamwd in December of 19979 We haven't even received letters back. Since January we've
been sending to the Town on dates for negotiation- We haven't received one word. Two
different letters with lots of different dates on it. That's what I have to say and I'm here. I'd
also like to ask CounWuaan Beck, the last meeting, last Wednesday, before you omit into
executive session, you made some sort of statement, well this has been going on far three
Years, I'd .like to know what you meant - What's been going on for three years?
C1 beck - What did. I say?
.3 Tottey - You said that this has been going on for three years, sometbi g, before you
%W-nt into executive session after I got up and spoke last week-
t'1 Beck - I'd guess I'd have to see what you're refcn g to John before I comment on
that. The only thing that comes to mind is the negotiations that' you mentioned.
J Tottey - C didn't mention the n 7otiations last week. , . -
C1 Beck - Which you mentioned tonight.
J Tottey=
What did
that have to do with
what I talked about last week?
C1 beck
I guess I'd
have to refer to the
minutes.
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TB 5 -9 -01
J Tottey - I only requested I wouCed to he reinstated last week. I didn'll bring up....
Supv Varvayatuis - Does anyone else have anything they want to says
Dawn Potter, 1 892 SlaterviRe Road - 1 vwa�ote a letter to the Supervisor arx� I requested it
be read. If you would please read it into the mirmtes. Also Art Berkey, z�i, citizen who also wrote
a letter, has asked that ids Letter also he read unto the minutes.
Town Clerk read Arthur Berkey's letter dated May 7, 2001, as follows:
An open letter to members of the Dryden Town Board:
As a taxpayer in the Town of Dryden 1 am angry and appalled with your waste orb
thousands of taxpayer money from your delay and mismanagement of the case ofthe suspension
of 22 year Town employee John Tottey by Town Highway Superintendent Jack Bush -- who
John Tan against twice for superintendent and who is the head of the newly formed union of
highway employees. Apparently you are unable to learn front the mistakes ofthe City ofIthaca
regarding the Eekstrom case where almost one million dollars of tax dollars were wasted on
hearing officers, court fees and lawyers.
A hearing before an officer selected by the Town of Jack Bush's allegations found Tottey
innocent except for use of a tire changer lent by an employee to the Town for use by the Town
and employees (past practice). The employee ov4rning the changer has since removed it from the
Town following Bush's allegations which means the Town must now either purchase one or
continue to pay for tire changing at askys_
The Town has already spent some three thousand on hearing fees, and Mh Tottey is in his
ninth week of paid leave ($500 /week plus benefits) for a total of approximately $8,000_ I
attended the May 2" d Town meeting where a decision of reinstating Mr_ Tottey was postponed
with the excuse that Board members need to read the entire transcript. Gi Ven the hearing
Officer's decision on arch 12'h, why was this not done earlier during the eight interveni
pl ng
weeks If you are questioning or unwi11 ing to accept, the hearing officer's decisions?
As with the $1,000 fine paid to the DEC without explanation, and the proposed $500,000
for a road into school property, you continue to waste taxpayer looney by 5500/week plus legal
fees of $180fhour delays, as well as being unfair to a long; time employee_ The refusal by
Councilmen and the two Hatfields to discuss the issues in open session as requested .by Mr.
Tottey and supported by Varvayanis and Grantham reflects a lack of support for open
government which is further indicated by scheduling public hearings on requests for special
permits when all documentation requ ired for the permit has not even been received by the Town.
Step wasting our tax dollars and make a decision to reinstate Mr. Tottey.
Arthur 1_,_ 'Berkey; Town of Dryden Taxpayer, 1205 Elli s Hollow Road, Ithaca, -.N1Y 14850
Town Clerk read letter front Cesffrey 8, Dawn Potter as follows.
Dear Elected Filends:
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TB 5-9-11
In early January John Tottey who is a 24 year employee at the Town of Dryden Highway
was arrested and charged with four felony counts, including theft and perjury, and suspended
from his job without pay for thirty days. Who made the charges against John? It was not the
Dryden Town Board. It was his supervisor at the Dryden Highway Department, Jack Bush,
Highway Superintendent. John Tottey was also Jack Bush's opponent in the last election for
Highway Superintendent. Tottey was also shop steward for the Highway Department union
which is still, after four years, negotiating with the Town of Dryden for a first contract. Based
on the charges from the Highway Superintendent, the Town of Dryden hired a labor attorney to
represent the Town. A hearing officer was appointed and last week Tottey was found innocent
of all charges against him except for the charge of lacking common sense, returning to Town
property to use friend's tool which was being stored at the Highway garage. Tottey has remained
suspended by the Town Highway Superintendent with pay since March 12. At its meeting on
May 2A the Town Board voted 3 -2 to discuss this matter in executive session even though Tottey
asked for a public discussion. The Town Board then failed to reinstate Tottey to his Highway
Department job. It is absurd that the Town has failed to reinstate Mr. IIottey after a hearing
officer appointed by the Town found that he is innocent of all theft and perjury charges. I am
outraged that my tax dollars have been used to prosecute a political opponent of the Town
Highway Superintendent and the shop steward of a union that the Highway Superintendent
opposes. 1 am disgusted that taxpayers have paid (1) for a second town attorney to prosecute this
case which apparently had no basis and (2) more than 8 weeks of salary and benefits for an
employee who was on suspension from his job. This situation appears to be nothing more than
® an attempt by Jack Bush to defeat the union and get rid of a former political opponent. 1 demand
that the Town Board do the right thing. Reinstate John Tottey and restore his pay lost during his
30 day suspension. 1 believe the Town also owes John Tottey and his family an apology.
Mary Basl - I do think the apology should be made public since the charges were made
public. The newspaper had everything in there and they should know that he has been found
innocent.
Robin Seeley, 332 Hurd Road, read letter addressed to Town Supervisor:
Dear Mark,
I am writing to request information on the recent Article 75 proceeding against John
Tottey, an employee of the Highway Department. First, who originally made the charges of
theft, perjury, and filing false statements against John Tottey? Second, did the Town Board vote
to support the charges against Tottey? Third, how much has the attorney for the Article 75
proceeding cost the Town and the taxpayers? hour, who hired the person who made the secret
videotapes of Mr. Tottey and will pay for the secret filming? Five, how much did the Town
spend on the hearing officer? Six, I request that Mr. Bush tell us whether he or any other Town
Highway Department member has worked on a personal vehicle on Town property. The report
of the hearing officer suggests that they have, If so, were Article 75 charges filed against other
employees and were they suspended without pay for thirty days? If not, why not? Seven.
Concerning the Town Board meeting on May 2, why did the Town Board not vote to follow the
hearing officer's recommendation to reinstate Mr. Tottey. Any action that does not involve
® reinstating Mr. Tottey seems to invite a lawsuit, and the citizens deserve an explanation of the
Page 5 of 30
TB 5 -9 -01
Town Board member's reasoning for this decision. If the Board decides to fire John Tottey, then
the citizens deserve an explanation for why the .Board is willing to risk a lawsuit against the
Town by going against the reasoned argument of the hearing officer. Citizens also deserve to
hear the legal justification for firing Tottey. If the Board decides to reinstate John Tottey but
withhold 30 days of his pay for working on a personal vehicle with personal equipment on his
own time on town premises, then the Town should explain the legal justification for this
decision. It seems that other members of the Highway Department may have worked on
personal projects with Town equipment on Town premises, some of them even on Town time, a
more serious offense, that these members were not charged with an Article 75 nor suspended
without pay. Why was John Tottey singled out with the Article 75 charges?
If you don't return John's back pay and reinstate him, your action takes on the appearance
of punishing one individual employee while protecting the others. Whether or not a'I °own Board
member has a personal dislike for.Mr. Tottey or distaste for his politics should have no bearing
on the decision to rehire or fire him. That decision must be based on evidence and the law. The
charges of theft, perjury, and filing false statements have been judged unsubstantiated by an
independent hearing officer. The Town Board should reinstate Mr. Tottey, return his 30 days
pay and offer him an apology for this whole sorry episode.
Peggy Walbridge, 123 Hunt Hill Road - I'd like to request that as soon as the attorney
comes into the room to immediately go into session so we as taxpayers do not have to pay for
his time sitting through other business. I request also that you not go into executive session. I
think a lot of people here want to hear what the issue that's going on here, however painful it
is, given that there's a lot of personal animosity. I would like to believe that various members
of the board believe that they're being responsible financially and yet you are causing us more
and more money down the drain. And the idea that you didn't get the verdict from the hearing
officer that you wanted to hear and you might be thinking of finding some other people and
hiring more people to try and find the verdict that you want:, is against American and English
law. It started back in about the 1680's that that kind of case got thrown out of Court. So 1
wouldn't like it if Dryden starts a bad trend, so I really request that you stay out in the open for
us all to hear so that no one feels anything is hidden and I strongly suggest that you support
the hearing officer's finding of Mr. Tottey of being innocent and publicly state this and get on
with this so you have other important business to do.
Lynn Griffin - I would like to know as John Tottey's sister if this is animosity against us
because he ran for Highway Superintendent and I ran for Town Board and also could it also be
for union activities which is entirely against the law. I'm not talking a state law, I'm talking
federal law, which I would think supercedes Town law. I would like those questions answered
for me please.
Supv Varvayanis - We'll be discussing things like that and we'll have a formal
explanation of things to come later.
Betty Marion, Irish Settlement Road - I was here for the opening of the meeting and we
all recited the pledge of allegiance, and what is the last sentence saying? And justice for all.
Lori Gardner - I always thought that in America a person was innocent until proven
guilty. The behavior of Misters Hatfield and Beek would be outrageous if they just simply
assumed guilt and passed sentence before trial. It is ludicrous and irresponsible behavior
because they have held a hearing with a hearing officer of their choice and the charges were •
rejected. There is no doubt that John was injured on the job, working for the Town of Dryden.
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I know. He spent months before and after surgery limping around in pain. There is no doubt
® about his disability. There is no doubt that Jack Bush would not allow him to stay on working
light duty. There is no doubt that John was forced to take disability rather than work. There
is no doubt that this is a vendetta against John for his political and union activities. There is
no doubt that these retaliatory actions are illegal. There is no doubt that slanderous
statements that cannot be substantiated were made by certain board members. There is no
doubt that this activity is un- American and irresponsible. This irresponsible behavior places
the Town in danger of a law suit and there is no doubt that the taxpayers will end up footing
the bill if certain members of this board continue in this irresponsible behavior.
Mike Lane - I've been listening to the crowd here tonight and it's been wrenching me.
What is happening to our Town? I'm not sure. There's been an issue here that's been dividing
our town for about three years, and I think the positions have hardened on both sides. I've sat
through Town Board meetings and Ibe heard them. It's not doing a service to the people of the
Town_ It's not doing a service to our employees or to the Town Board itself. We need to behave
in a statesmanlike manner and it's time that both sides begin to swallow some pride or this will
go on. And where does it go from here? Into the Courts? I urge the Town Board to say that
this is enough. I would urge the other side to compromise as well. We need to stop looking at
personalities. We need to think about the best interests of the Town of Dryden. I believe both
sides believe they are doing that, but until one side or the other or both sides blink, it's not
going to happen. Thank you.
Rob Hickey, 407 Etna Road - I recently moved to the Dryden area and I'm here tonight
because as a new resident it really strikes me that the way a County treats it's employees is
really the way a County treats it's citizens. Coming to Dryden and buying a home and wanting
to raise a family, I want to raise it in a good environment. Part of that environment means that
the people who clean my streets, the people who do the work for the city, are treated fairly and
is justly. Getting John his job back is just one step in my mind. It should be a step that should
have been taken long ago. But ultimately, gelling a contract for the employees is a must and
this is a clear example of why county employees must have a contract. Because under a good
union contract you must have just cause to make a determination and clearly just cause is not
prevalent here.
Tammy Lacher - I've got a
lot of Wednesdays open. We'll just.
fill this place up until we
get him a contract. You've
got to
negotiate in good faith, and I don't
see that.
Jack Kinsman - I'd like to hear comments from the Board on the situation.
Supv Varvayanis - I don't think we're going to comment at this time.
Linda Smiley, 410 Mt Pleasant Road - Not to take off from John's situation, but as a
family member of a Town employee, after four years without a contract the Highway
Department is not getting any raises or anything, and that affects the families. They're here to
represent you guys in the Town and if you don't care about them, how do you care about the
citizens?
Lynn Griffin - It's also amazing to me that I've come to many 'town Board meetings
where there's been 2, 3, 4, S people. This place is packed. I think maybe you should take
heed, all of you, not necessarily you Mark, that we're tired of it. We want to be heard and we're
tired of the injustice. You're ripping up families. You're denying families, you're denying them
a decent pay raise. These people are going on and on. You're denying a person a job. You're
causing so much grief and hate and distrust that it's going to take bO years for you people to
ever get the trust back from the Town of Dryden citizens again. I'm sorry it had to come to
® this, but maybe it will keep coming to this.
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Gary Shiffer - I'm the Zone Commander for the State Police, covering Tompkins, Tioga
and Cortland Counties. You might wonder why there are two uniformed State Police Officers
here tonight, and I can assure you it has nothing to do with this. We have an initiative, for lack
of a better word, where our supervisors go to Town Board meetings just to meet the people and
let the people, Town Board and Town Supervisor know that the State Police are interested in
what is happening in your township and to make ourselves available to any concerns that you
may have. I'm not going to take up your time tonight, you've got far more important business.
I'd like to introduce Mark Chaffee. He is the acting station commander for the barracks right
here in Dryden. He is soon to be permanently promoted to that: position and will be here in the
foreseeable future. We have this program where we visit. the Townships just to let you know
who we are. We are approachable. If there is anything we can do to improve our service to the
taxpayers, please feel free to contact us or stop by and see us. I find it very encouraging that
this is a well attended meeting and people of the Town of Dryden have taken such an active
interest in the affairs of their government That's good to see. Thank you very much for your
time.
Cheryl Wagner - As a long time Dryden resident, I don't particularly like paying my
taxes, but I pay my taxes. I don't like to see them being wasted where they are. You might
better take all these legal fees that have been spent fighting the union, fighting John and give
these people a decent wage. Give them a contract. Put the money to good use. Don't put it in
some lawyer's pocket. I belong to a union. There's nothing wrong with unions. I've got a
decent wage. I've got decent benefits. If I didn't have the union do you think I'd have that:?
No, I don't. I think these people need to be dealt with fairly. I'd like to see the money used a
whole lot better than it's being used right now.
COUNTY BRIEFING
Mike lane - I wanted to talk a little bit about the County redistaicting effort for the •
County Representative districts that we have. We held a workshop on Saturday morning for
municipal officials and I'm glad to see the Town had representation there. The next meeting
will be a public meeting to be held on May 21. At that time there will be a forum at the
Boynton Middle School which is co- sponsored by the County Public Information office, The
Ithaca Journal and the League of Women Offices. We will be discussing the various options
that were presented to the Town officials. The reason the reports are presented to Town
officials first is because whatever action the County Board takes in redistricting will affect you
in some way. Most likely as far as which representatives have a piece of Dryden and also how
you must shape your election districts for the November election. We showed several
scenarios/ maps (copies given to Town) and they are on the County web site. We looked at
three different scenarios which would mean a smaller board of representatives, a 13 member
board. Our Charter allows us to have anywhere from I 1 to 19 members. We looked at three
scenarios which would be 15 members and we looked at a scenario for 16 members and for 17
members. We took questions and talked about the fact that we have tried to coordinate as
much as possible with the Towns and City. We've had representatives from the Towns and the
City of Ithaca. at all of our Charter Review Committee meetings for input from them. We looked
very early on in January at what options we had, including should we look at a weighted voting
system, that they used in 1980, or should we look at: changing our own terms of office to
shorten the term to give us more time. One scenario would have been a two year term. The
problem with that if we were re- elected in the current districts, they would still be out of
population equality for the next two years. I think it would be very likely that we could have a
challenge to that such as happened in 1980 when a law suite was brought against the County
for failure to redistrict in a timely fashion. Not many people are very keen on the idea of a
weighted voting system in which each representative's vote is calculated according to its
population and one representative may have more say than another representative on the
board. It becomes particularly problematic with the committee system. Who do you appoint to
Page 8 of 30
TB 5=94)l
corntnittees? Who has a stronger voting voice on the committees, which are basically our work
horses for the County that run it,
We hope to be enable to enact new districts by the end of May and we would hope to
have any comments that you would lilac to make on any of the scenarios by Mat time. We
accepted some from various municipal members on Saturday. I would say probably at this
time M talking with colleagues on the Board, probably the idea of retain' a 15 member board
is probably favored. It has not been decided, but it has a lot of poWntial in the fact that it
keeps a lot of the districts very similar to what they are now, including many of the rural
districts. The population shift this year occurred mainly in the Lansing area and Town of
Ithaca, which is where tale faster growth is. All of the areas gew some.
The reason we are Enciving so quickly is i1bat we must have the districts established by
June 5, wWch is the first date allowed for candidates to begin circulating the petiti ns to get
signatures to run for office_
In the 15 scenarios, the City of Ithaca rcta,ns five seats, but because population -wise it
is only entitled to the equivalent of four and a half seats, the population them must be
expanded into the Town of Ithaca so that those scants are shared, and at that point it is not
ready fau ter say that they are a city seal because the representative could came from the Town.
It`s not a first for us, because we have districts which cross municipal boundaries already.
Dare in the Town of Dryden the northeast part of the Tawas is part of George Totman's district,
which is basically Groton. The'f own of Enfield is partially attached to Ulysses district which
Peter Pen hoar, represents and partially to the Newfield district which Dan Winch represents.
Danby and Caroline are wrnbined as one district and it's interestin to mote that this time even
with those two Towns they still do riot have population to entitle them to ore full
representative_ So it's necessary for additional population to be added to that district. Many of
the scenarios show a part of the Town of Ithaca being attached to that district.
Tom F Catfield asked if I could get a► map which would show the overlay of the school
districts because as you know, Dryden is split between two school districts, and several of the
Towns are split that way. I have brought tonight a map showing the school distriOs in
Tompkins County. I have braugbt a_ 15 %cenai io and 17 scenario with the school districts
overlaid.
Ideally if we take the population of Tompkins County, 9 6,50 1 according to the 2000
census figures, and we divide it by the number of districts we want to have, with a 15 member
district we should have 6,3 people in each district. We 3rno it's not possible to have exactly
that number, but we looked for what we call the deviation from average. Is a particular district
above or below that figures and if so by how much and we matte that izxto a pereeri ge, What
we've been trying to do is keep that spread one way or the other within 51/u. We don't want any
district to he much afore than 5% above or 5% below. Some of the scenarios do have a little
larger or a little lower spread, but generally we are trying to keep it approximately there_ Our
attorney tells us that because we are chartered county we aren't held to exactly 59/6. I think
we're wakLng a good faith effort trying to hold it as close to that as we cars. When we took the
average of the population in the e5dsfing 15 disL is is there were only two, one of them is mine
# 14. where the population wags within that Sofa spread one way or the other. That meant than at
least 13 distracts had to be reconfigured in some way so that the population spread was
reasonable_
Mr. Lane said that the redistricting is somewhat easier now than in 1990 because of the
Geographic Information System and the capability to combine that with information from the
census bureau. In the redistricdM process they have taken into account rnuxsicipal
boundaries, neighborhood af[;lialsorxs, natural ba rriers and other important dividing lines.
Page 9 of 30
TB 5 =9 -01
lr�fvrmation on redistricting is available through a link at the County's web address
VW- tornpkins- co.org. 0
Joe Lalley staffed that things ;tre fairly quiet zauw with respect to ComCap ax) d the
Cowers project, altliough them is a fair amount of effort on the part of staff to work with the
State ofpciaids on the proposed ,statewide project and pursue same alWM tives or possibil ties of
us' ig that system. The State has been delayed in announcing its preferred vendOT- because
there has been a Challenge to the selection. The challenge is expected to he resolved late this
wanth,
J Laney = There's been a. bit of scare ahoul', our licenses with the FCC, but we think we
have that resolved now and we AM have time before we actually have to get something up. i
know in one instance the fact 111-i at the staff is pursuing altematives has delayed the
deployment of a cell tower in the Town of Liu ;sing. So lots of things are beirng looked at, from
private ownership of the towers, with oo- locations, so there i.s a fairly broad perspective in
terms of towers in the County that are being explored, Things are quiet on that front at the
moment and riot much happening that we have a committee level to report on.
The propo d DOT facility on Hansha Road's status s.t the moment is that the County
is trying to work ou l' the funding arrangq ae.nts with the State and make sure that all the
dollars are going to be in the right place. I'm told that the togwm will see that as an involved
agency. They are do' a long form EAla and you should see that in the earning months. We
have a CoinCap committee meeting next week or the week after and there may be some more
action or news on that.
There Ore l',wo proposed projects for Han shaw road coming up this summer- One is
from the Village of Cayuga Heigh i's lisle to Lower Creek Road. That is federally funded. The
design is not settled yet and once it is, with federally funded projects lid this there is a
requirement far three public meetings. The guess at the moment is that there will probably be
ten to eleven foot driving lanes and a five to six foot shoulder,
The second project foTHanshaw Road is Route 13 north to Neiai Road, That will he Ve
rebuilding the road base and chipscali g the surface_ That's mare of a preve I ati
maintenance type of activity_ They're not going to do any further shoulder work because there
is the pending the DOT fac dty relocation proj
s ect that at the moment is proposed to have water
and sewer lines,
Ellis Hallow Road is wing to receive some temporary repairs to try to get it through
another year. The road has failed in a couple of places. The preliminary design is expected in
late July or early August. It appears that that project is not eligible for any land of state or
federal funding so it w:M be a fully County funded project_ The County has been practicing ti,e
ruodel required for federally funded highways and there will he at Least three public meetings
about that to get public input on the desire and perhaps do modifications if there are issues
that need to be addressed,
On the Ringwoorl Road bTldgeTepl4cement we are sdU waiting for State authorization to
initiate that project,
The Red Mill Road bridge replacement is a federally funded project and there is hope
that we can pull that bridge out and put it someplace else in the Town of Dryden, perhaps as a
trail bridge or sowetbiaag litre that.
One other thing that came up in ComCap last time is the National Weather Service in
Binghamton has asked the County and City to write letters requesting the installation of a
wcather broadcasting transmitter in. the County. This is for the spemal,ired radios that do
Page 10 of 30
TB 5 -9 -01
weather alerts. The
closest statiion right now is
Binghamton.
That will be a federally funded
project_ No lecabnn
has been determined, but I
expect it will
go on an existing tower structure
somewhere.
J Lalley exhibited an aerial view of the work expected to be done at the Tompkins
County Airport. Federal regulations require that the parallel twdwayw be farther away from the
runway. There will be a rehabilitation of the old terminal ramp and also some analysis of the
runway safety zone. The FAA has changed the regulations for clearances on either side of the
runway, The County's share of expenses is expected to be 5°10 of the total. That "o does not
come from local tax money. It comes from facility charges and passenger charges. Mike Lane
stated that one part of the project is the construction of another passenger boarding bridge
that will be able io attach to the smaller planes.
J Ladley -Them is a three year project on Irish Settlement Road that is expected Co
begLn thi,% year. It will start at Ferguson .Road and work its wary to Midline load. That will be a
full depth recycling of the road surface to base a;nd replacement. It will be done in three
phases, this summer, 2002 and 2005, The plan is there won't be any special shoulder
replamment. They believe 19hat to be a low pedestrian area.
M Robertson with respect to the work on Hanshaw Ri3ad from Cayuga Heights to Lower
Creek Road - It seems like a comment period at some point later down the road is not exactly
intensive citizen input. Ward HiLingerford and probably half the municipal officers in the
County met regarding Ellis Hollow load last year and promised that there would be intensive
citizen involvement in the redesign of that road. It seems to the that we heard a lot about bad
road designs. We're trying to keep speeds down. The idea is not to widen these roadways to 17
feet on each side. There was an attempt tin Ellis Hollow Road. from Game Farm down to the
shopping center by painting the shoulders greed_ I think it should have been an evert mare
distinct color. The reasoning is by the shoulders being green it gives the driver the visual sense
that the road isn't quite as wide and really makes a difference. You accomplish a safe
shoulder, but at the same tune you don't have the effect of increasing speed. If you simply
widen the shoulder, drivers think its a highway and go faster which elia,inates the benefit of
having a safe shoulder. I wwonder if the County co uld start out from nave on saying we're going
to take comment from the community. This is a great idea. It serves several purposes at once.
J Lalley - In the case of the shoulders that were painted green, I think that was an
experiment and the feedback that the Highway Department's been getting is that people see
that as a good thing. You're right, when you smooth out roadway surfa.s you run the risk of
having speeds to up on those road, I talked %Oh Ward about that, particularly Ellis Hallow
Road, and whether or not we could perhaps have afour -way stop sign one or two places along
the road, and Ward has suggested that perhaps stricter enforcement by the Sheriffs office
works better_ It seems to have done the trick on Warren Road when they redid the surface. All
it took was a few people getting a stiff tickets. The Sheriff has purchased a speed box and is
interested in placing that in various parts of the County. Based on the comments we're heard,
I think that if it makes sense we're going to press to have those kinds of mitigations Like
painted shoulders. or colored asphalt, The paint eventuaHy wears off. With regard to the public
comment period, the design isn't done for either Hanshaw Road or Ellis Hollow_ We are
required by the Federal government and will have the thzee meetings for Ellis 14ollow Road and
will do nur best to make sure that they are timed right so that people are around, Alike sits un
Public Works, I sit on PubUc Works_ You can a "mail us or call us and we'll listen to what you
have to say and see if we can address those issues in the project_
M Robertson asked if any other site was being considered for the DOT facility and J
Lalley replied that there is not at this point and it is the selected site as far as he knows.
Page 11 of 30
TTY 5 -9 -01
Robertson, regarding the towers project, asked whether the County considered the
fact that co- locating with commercial users might affect the legal issues and whether the
County has to follow local To %vn Zoning Ordinances, and doesn't that change the legal balance_
J Lalley responded that there has been discussion regarding that, and he doesn't know the
answers at the moment.
J Lalley - With regard vo the towers project, the whole gamut is Using discussed,
whether the Co -unty owns the towers, whether 1},e State mig t own the towers or whether a
Private firm. TnighI. come in and own all the towers and then offer sites available to lots of users,
including the County and State. Depending upon which of those scenarios, the County's belief
is that it fully involves the'roums and if they are privately owned towers and the County leases
space as does other vendors, that's cerudnly the way I read it and I believe the way the County
is reading it, is that that would certainly subject those tower placeroen.ts to local ordinances,
We did have a meeting with the Town officials about ten days ago, last Monday. It's the first
time together to discuss issues and there was certainly some desire on the part of the some to
see if we can't work through the Home rule iwsue and avoid going to litigation. Not Taurh has
happened since tben, but we have had a talk and we're stM talking.
Pew}' Walbridge wondered about Irish Settlement Road being worked so extensively and
stated that road is in far better shape than a lot of other roads and asked what the purpose
was.
P Walbridge - Is it a huge traffic corridor that we don't know about and has there been a
pLLbUe session for input as it is federally funded?
J Lalley - i don't know if lrish Settlement is federally funded. I can look it up. For Irish
Settlement road the project includes full depth recycling to slaengthen the road base_ The
roadway base is relatively poor and pavement repairs will only be short term unless base
improvements are implemented first. That means drainage or other prep work are either
planned or underway. The roadway will be replaced with cold mix and chip sealed for wearing
surface. Shoulders will be gTavel and the same width as they are now. Paved shoulders are
deferred at this time because of budget and the rural nature and without a. lot of pedestrian
use. Again the project will start on the north end at Ferguson axed work south to Midline. I
m€spoke, Ws not federally funded.
A resident stated that: a few years ago the County rebuilt a portion of West Dryden }toad
snd put in a beautiful bridge between Caswell and Toad Roark and repaved fzom the bridge on
up to the Community Cenl'er. Dips have developed in the road, and mith the speedeTs on the
road it presents a dangerous situation, The road has deteriorated very quickly.
Robin Seeley asked whether there hid been discussion on the ComCap committee. of
postponing SEER until they actually had EL project description_
.I Colley - We had a discussion alaoui_ the SEAR process and there is some discamfarr
among sane of the coramittee members about how we are doing it. We're doing it a little bit
unusual. I thinR I.ypically people are used to having a project brought forward that has a
description and all kinds of definition to it. The way we are doing it is trying l'o use it as a
pL nriing tool, which I believe is what it was meant to do. We don't have a lot of deluiition right
now, but we are trying to work within those constraints, and I think that we are going to have
to come back and revisit the scope and all those thingta once we have a better defMition. That's
my personal opinion, but at the moment it's a very fuzzy project,
R Seelcy - In the meantime the 60 day clack is running_ What's going to happen at the
end of 60 days? 0
Page 12 Or 30
TB 5-9-01
J Lalley - I know that we talked about it last time �ind we have some discomfort. I think
when we begin to know some answers_..I just don't know the answer to that right at the
moment. But we are doing it differently than if you were sitting on the planning board and
somebody brought you a defined project. What we are trying to do is use SEQR as the
plarmi„g tool and address that issue. I think w'e're going to come back, this is my personal
Opinion, a couple of times,
COUNCIL PRWILEOE OF THE FLOOR
None.
::rte
Atty Perkins - I can report just briefly on the status of the large parcel in the Snyder Hill
$ewer District which is going to be sold by the County as a foreclosed tax parcel on May 19. I
spoke with Valera Coggm, who is the actin head of the Assessment Department, and she
acknowledges that the parcel should not have been assessed as one parcel. It should have
been separately as%es.sed according to the approved lots and when I asked her about the 2001
Roll she said it didn't get done, although they had promised lawt August that it would get done.
Sao they are going to be correcting that for the 2001 Roll and that's a change that can be made
xiow because it's not final_ But with respect to the auction which is oaming up on the 19th, I
thinly we have agreed in consultation with Steve Whicher and Valeria and myself, that the
potential purchaser should he aware thail this is in q sewer district and although it's a large
parcel it really should be separately assessed and if they want to abandon the subdivision
approval, there is a procedure in the real property tax law where they can do that_ Howuver,
that abandonment will not mean that they are not going to be subject to the benefit
assessment. So right now I just don't know how to tell you to approach your budget
deliberations next Fall when you have to come up with a benefit assessment. I think we'll have
to wait until the nuejon and find out whether Or not the purchaser wants it as lots or as one
parcel. We'll have to wait until f.)at happens. The purchaser will have notice sa there won't he
any whining and complaining that they didn't know. Next I, all we can adjust the forrmula
based on what happens.
TOWN CLERK
B Hollenheck - We had a Recreation Partnership meeting yesterday. You might recaU
that there was a lot of interest by Newfield and debate about whether or not to join. Where were
a few articles 1P The Ithaca Journal. What The Ithaca Journal has failed to report is that
Newfield did vote and joined the Recreation Partnership last month. Theyve joined on trial
t nl it the end of 2002 acid the PTA is paying their portion the fees, The other thing is that the
by -laws distributed last month creed to be ratified by the Town Board.
RESOLU'T'ION #180 - RATIFY RECREA'T'ION PARTNERSHCP BY -LAWS
Cl T Hatfield offiered the following resolution and asked for its adoptian:
RESOLVED, that the Town Hoard of the Town of Dryden does hereby ratify the By -laws
of the Recreation Partnership as presented.
2nd Cl Grantham
Roll Call Note
Cl Beck Yes
Cl T Hatfield Yes
upv Va vayanis Yes
Cl C Hatfield Yes
Cl Granthayn Yes
Page 13 o0o
TB 5 -9 -(11
6 Hollenbeck - I distributed proposed resolutions to designate the polling places for thi.9
year and pay them the same as we've done the past several years. Nothing's been changed, but
I don't ] aiow if it will end up si kbjert to change in any redistricting, $Lit it needs to be seat to
Board of EieiJions now.
RESOLUTION # 131 - DESIGNATE AND PAY POLLING PLACES
Cl Grantham offered the following resolution and asked for its adoption=
PESO LVEI ,that the f
onowing is the list of designated polling plods an the Town of
Dryden for the year 2001;
District #I - E t;na lire Station
District #2 Freeville Fire Station
District 0 3 - Dryden Fire Station
District #4 - Varna Community Center
District 05 - Etna Fire Station
District #6 - Dryden Village Hall
District 07 - Dryden lire Station
District #8 - Bethel Grove Community Center
District 09 Ellis Hollow Cormi unity Center
District # 10 - Dryden Baptist Church
District #11 - Dryden Town Hall
And is, fUrthor
RESOLVED, that this Town Board authorize the Supervisor to pay the following polling
places $100.00 per district for the use of their facilities for 2001, VamaCommunity Center,
Bethel. Grove Coiz=unity Center, Ellis I•Iollow Community Center, Dryden Baptist Church,
Dryden Fire Station for Districts #3 and 07, Etna Fire Station for Districts #1 and #5_ Freeville
)Fire Stabiain lz,;�s waived compensation for the use of their facilities_
"d Cl T Hatfield
Roll Call Vote
ZONING OFFICER
Cl Beck Yes
Cl T Hatfield Yes
Supv Varvayanis Yes
Cl C Hatfield Yes
Cl Grantham Yes
2550 Slater - You have ray written report. I'd like to talre. this opportunity tx� rersinci
everyone that this Friday is Project impact Community Day. at the Dryden Hiq)3 13chool
beghui ng at 1:45 p,Mr We expect to have a good time there and have a tat of people who are
attendiag from local, County, Stag and Federal governments, irncluding Assemblyman Marty
luster. State Senator Jim Seward. and US Congressman Mauxice Hinchey and they will all be
speaking about the Dryden eject Impact i 1iijtive_ Hopefully you'll all be able to attend.
DEPARTMENT OF PUBLIC WORKS
Jack Bush - I wunt to bring to the Board's attention something that we need to he
concerned about next year. The sewer pump station its Varna on Freese Road has had some
.Page 14 of 30
TB 5 -9 -01
problems. Right now they've got it temporarily going again. I've talked with the engineer and
we probably should look at a replacement for that.
Dave Putnam w I'll get numbers for replacement to you in the near future so you can
make some monetary decisions on how to fund that for the district. It wis installed in 1968
and it's approaching the end of its useful life. It's probably in the neighborhood of $60,000 or
$70,000. Tlaat original sewer system had two punnp stations when it was built in 1968 and the
other one was replaced about ten years ago. 'So youW gotten a few more years out of this u e.
C1 T Hadieid - Hopefully we 've gat some maintenance reserves to help with that
expense.
HIGHWAY DEPARTMENT
J Bush -
I'm asking
the
board to pass a resolution authorizing a $65 payment for me to
attend the June
2001
Highway
School at Ithaca College. (June 4, 5, 6)
RESOLUTION #132 - A13THORIZE 19GHWAY SUPERINTENDENT TO ATTEND HIGHWAY
SCHOOL
Cl T Hatfield offered the fallowing resolution and asked for its adoption:
RESOLVED, that thiw Town Board hereby authorizes the expenditure of $65-00 fnr the
Highway Superintendent to attend the June 2001 Highway School at Ithaca College.
2nd Cl C Hatfield
Roll Call Vote
Cl Beck Yea
Cl T Hatfield Yes
upv Vax,rayanis Yes
Cl C Hatfield Yes
Cl Grantham Yes
J Bush - I have an update on Livermore Road. As you all know, two 6-1/2 foot
diameter crossover pipes down in (he dip below Bahar Drive needed replacement. We decided
to do all the work ourselves instead of contracting that out. Right now we are at the bottom of
the trench. We've pulled out the damaged pipe and the new pipe arrived yesterday. Weather
permitting, within the next month we should have that passable. The new pipe is 9' in
diameter ley lOQ'_ each 20' section wchs 5 ton.
Cl T Hatfield asked Zo Slater to comment on the trailers on Route 366 that had been
referred to by Erica Evans,
D Slater - They are tractor trailer body trailers which typically have been appearing
around town for several ,years. The Town has discussed this in the past and there was some
talk afoul' making there a permitted storage unit. Currently they are not a motor vehicle,
they're not a building_ At most they are junk or trash or rubbish. I guess it's pretty hard to tell
sornebody who has their personal belongings stared in so-mething that it's junk, trash or
rubbish because it's kind of contradictory. At one time the former supervisor was going to try
to initiate some legislation to try io address them, but for one reason or another it never
happened. A few tines i was able to convince a business owner or two to fired a different
solution, which they voluntarily did. This is a riew situation Ln Mrs, Evans case. I think what
she is asking to do based on our conversations is to consider some legislation to specifically
address that Idnd of property storage.
Page 15 of 30
I'S 5 -9-U1
I T Ha Wield asked about the trailers that Mr Ottenwhot Waite d to move on to his -�
property i rn
n Vaa. O Slater replied that those were modular office structures and because
they were structures would require a variance, Mr. Ottenschut has not applied for a variance,
,SUPERVISOR
George Proutz stated that his proposed contract for master plan work had been
previously distributed. Atty Perkins had requested a change since the agreement slid not
specifically state that Mr. Frantz was committed to writing a comprehensive plan for the Town
of Dryden. After discussion on the following were made= Under I, Servi4ws to be
Performed, the language "the consultant agrees to provide the following services" with "the
consultant agrees to prepare a gown comprehensive to conform with the requirement suet forth
I
n Town Law Section 72(a) . As part of the preparation of said comprehensive plan, the
consultant agrees to Paragraph VI wa% amended to izlrlude the Town of Dryden }tight to
Farm law as one of the issues under deve ping a set of strategies, actions and programs. On
page 2 under # 10, regarding toznplying with 239 (m) of General Municipal Law and the State
Environmental Quality Review Act, Section 272(a) of Town law was added. CJ- Grantham
stated that the two things that she and Barbara Caldwell wanted to see 'n the contract that are
an increase over the nnj final $20,840 were #2 and 07
Cl C=ran.tham - This is
ra good,
complete
work plan and it's things that Barbara and
Mark and I talked about with
George,
so I was
satisfied with it,
Frantz - The time line is actually 9 to 1.2 m.onih5- what I would like to do and one of
the things I've done is actually set due dates for myself. For instance within 30 days of the
contract signing, meet with the Town Board and PlaTaiing Board; within 90 days of the
authorization to proceed and complete that stage of the town asses, wEmt and begin the public
input meetings. I'm pulling the oneness on myself. There may be lags in the time as the Town
digests the work that I do, but I think it's passible to h five a comprehensive plan done within
12 months.
Atty Perkins - George addressed the main concerns that I have. I just have a couple of
comments, Some of them aren't substantive and I can take them up with George when he
makes the other corrections. Some of these maps and things may already be done or be
capable of being done in house here if you talk to Henry and Kevin because of the mapping
program that they have, so make sure that you check with there. Under Section 1, num -ber 8, I
think you're going to have to make sure you are in touch With. the town engineers regarding the
feasibility of some of these things and recognizing what our limitations are under the joint
sewer agreemmt. and under the agreement we have with the Village of Dryden-
Fran Y - There would have to be a lot of convennation as I work with the town's
eng4wering star` and highway staff, The Town has a lot of information and maps, and rather
than reinvent the wheel I would much prefer to use that and the capabiEtr,' that I have also-
G Frantz stated that'' he intends to create a "land use luzld cover" map, It will show the
tax parcel lines, but you actually ,gee ibe land use as it shows up on the aerial photos. This is
different than a map showing parcels as they have been chased by County Assessment- He
will attend the Planning Board meeting tomorrow night.
Cl Grantham would like to approve the agreeernent with the additional work included (#
and #7), for a total of $24,115, Cl T Hatfield suggested thall the supervisor be authorized to
sign subject review by counsel.
RESOLUTION # 133 - APPROVE AGREE YMNT WITH GEORGE FRANTZ
FOR MASTER PLAN WORK{ 9
Page 16 oF30
191 5-9-01
Cl Grantham offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves the agreement with George Frantz
to perform specified work in connection with t1w master plan for the sum of $24,115, and
authorizes the Supervisor to sign the same, subject to review by the Town Attorney.
2nd Cl T Hatfield
Roll Call Vote
Cl Beck Yes
01 T Hatfield Yes
upv Varvayanis Yes
Cl C Hatfield Yes
Cl Grantham Yes
Supv Varvayanis - We have a SJS proposal that. is 26 pages that just arrived this
afternoon. I doubt anyone has read it and I don't know if you want to wait another month or if
there is interest in authorizing me to sign it once Dave and I and Mahlon all say it's in order,
Cl Grantham - This is for the EIS? (yes) So what would be our share?
Supv Vauvayanis - Last I heard x+28,000 +, in additioD to the $20,000 that was already
authorized. That would be coma.ng out of the SJS funds. The three current owners would all
take theirs out of the SJS fund,
Cl Beck - Mahlon, the letter you provided from 1999, was that addressing this issue?
Afty Perkins - It does, My concern here is that, and first of all I have reviewed this
is agieem.ent. Substantively I don't have any problem with the agreement, I reviewed it earlier in
April when I got it. I think there were three here tonight, two different ones and a memo from
Bill Gray. I 've looked at all those. It seems to me that you need to be satisfied you understand
where your share of the money is coming from and haw that's computed. There is an existing
cost sharing agreement_ The question is, does there need to be another one now that this
revised agreement is taking the place of amendment. #8, and the revised agreement has the
cost, I take it, divided between six parties, the original three owners plus the Village of Cayuga
Heights, the Villa V of Lansitsg and the Town of Lansing. I think there needs to be arxotl en cost
sharing agreement involving those other parties and it needs to be made clear as far as the
original existing owners, how they are paying for their share. You said it's coming out of the
SJS fund. Is that sort of a slush fund that's kept clown there, or the City has?
Supv VaTvayarus - Yes.
Atty Perkins - The other paint of my letter is that that cast sharing agreement divides
the cost equally between the parties rather than an apportionment. Apparently what the memo
from Bill Gray sloes is purports to do the same thin_ It seems to me that if you are going to
have new pazrdes to this who are going to be paying, there needs to be another cast sharing
agreement.
Cl Beck - And that should be drawn before we approve Ihis?
Atty Perkins - You approve it subject to the agr ement being done. It actually won't be
a part of this because it word t be with Steams & Wheler. It i111� among the six parties who
are the three and existing and three pending municipalities_
Cl Grantham - is something like rbat being drawn up? Has anyone suggested that?
1'age 17 of 30
TB 5 -9 =>l.
Supv Varvayanis - No, I think the epumn of Susan Brack was if they just carne back
with resolutions authori�inc the expenditure of the money that would be sufficient. If Mahlon
doesn't tbink so maybe he should talk to Susan directly.
Atty l rkins � I'd be happy to-
Cl Grantharm - Are you suggesting thaL we not approve this tonight, but come back in
June and look at it again?
Atly Perkins - I think that you should approve it, and authurize the Supervisor to sign it
upon presentation of a satisfacto y agreement for cost sharing among the parties %vho are going
to he paying this $147,300. That way you don't hold the process up,
Cl Deck - You're not proposing any changes, it's just that there's no agreemeTit that
exists between die new parties and the eadsting garriem
Cl T Hatfield -This is really the first time the six are becoming party to one areennent
and it hasn't. been addressed yet.
Cl Deck - I'd make a motion to that effect.
Cl T Hatfield - I'd be glad to second it. I think we should do that-
C1 Grantharn -
So
we are authorizing Mark to sign this
contract after working with
Mahlon and Dave and
on
the condition of getting a new cost sharing
agreement.
Supv Varvayan.is - Or 1 assume chat iF Mahlon's satisfied with my aswu.xaptiou of
Susan's assumption that the resolution is goad enough. Just as long as it's legal,
Atty Perkins - You should understand ail sot l' you're sharing equally these costs
t.Alier than apportioning them- As long as you understand that.
Cl T Hatfield - That's in keeping with the existing agreement,
Atty PerkLns - The original agmement far the additional engineering work was an equal
cost sharing by all parties. And this proposal, not an nmendment but a new agreement, calls
for equal sharing by all pardes, rkat azi apportionment. You certainly are free to make that
determination if you want to, that you will share equally in these casts, however at some paint
those costa that you've paid to get the upgrades to the plant and maybe the new partners and
maybe the expanded capacity need to he taken into account. At some point there's gat to be a
reckoning that the origmal owners paid these d irrgs disproportionate to their capacity-
1 Beck - Are a going out on a limb?
Supv Varvayanis - The City of'lthacawould argue that they're not expanding awhole last
so why % hould they pay any, so this is kind of a compromiser
Cl Beck - And chances are if we demand that there's going to be a hold up-
C1 T IHat Seld - I think ahlon's point is exactly right, Sooner or later there wM be a time
divide these costs. But you're not going to get there until the engLneering study and
environmental study is completed,
Cl
Page 18 of 30
TB 3 -} -0 ]
Atty Perkins -Vie can certainly put some Wa 3ru a in there that the fact that the Town
has agreed to share equally the costs of there does not preclude the Town in the &tune from
lnriuging that point up when you talk about alloclxan of any additional rapacity or whatever,
Cl Beck - My motion still stands.
RESOLUTION 413+4 - AUTHORIZE SUPEMISOR TO SIGN SJS AGREEMENT
1 Beck offered the fallowing resolution and asked for its adoption:
RESOLVED, that this Town Board hereby authorizes the Supervisor to execute the
agreement to pay $28,000 (a total of $485000) from SJS funds upon presentation of a
satisfactory aWeement for cost sharing Among the parties.
rLd Cl T Hatfield
Roll Call VoW
Cl Beck Yes
C<1 T Hatfield Yes
Supv Varvayanis Yes
Cl C fatfield Yes
Cl Grantham Yes
Supv
Varvayanis stated that
we had
received a
request from
the
First National Bonk of
Dryden for are
solution regarding use
of the
check g
'ng machine
and
a facsimile signature,
RESOLUTION #135 - AUTHORIZE USE OF FACSIMIL1r; SIGNATURES
Cl T Hatfield offered the following resolution and asked for its. adoption:
RESOLVED, by the Town Board of the Town of Dryden that the First National Bank of
1]ryden be, and it hereby is, authorized azid directed to honor as gerxuine and authorized
irnstmunents of this corporation, arty and all checks, drafts and /or other orders for payment of
money drawn in the name of this municipality and signed with the facsimile signature of the
Town Supervisor, Mark VarvayaJs, and it is further
RESOLVED, that this municipality is authorized. to and hereby does assume full
responaibility for any and all payments made by said First National Bank of Dryden in reliance
upon the facsimile sigaature of any person or persons named in this resolution and agrees to
indemn and hold harmless the sai
ify d First Vational Bank of Dryden against any axed all loss,
cost_ msuffered darn or expense su or incurred by said First National Bank of Dryden arising out
of the misuse or unlawkd or unauthozized use by any person of such facsimue signature, and
it is flu ther
RESOLVED, that the Town Supervisor of this municipality be and is hereby authored
and directed to deliver to the said First National Bank of Dryden specitnem of the facsimile
signatures of the person above named, and it is Ri ther
RESOLVED, that in the absence of the Supervisor, the Deputy Supervisor is hereby
auth ized to operate the check sign ng machine using the Supervisor "5 signature.
2nd Cl C Hatfield
Roll Catl Note Cl Beck rtes
Cl T Ratfield Yes
Supv Varvayanis Yes
40 Cl C: ]Aaffield Yes
C1 C'rrantham `,des
Page 19 0- 30
TB 5 -9wOl
Supv Vwvayanis stated that the first Wednesday in July falls on July 4th and perhaps
the board would like to choose a different date for That meeting. After discussion, it was
decided to hold only one meeting in July, that being July 11th.
The Town has received a request to expand sewer district # 1 to accoramodate. the
Cornell University Lab of Ornithology on Sapsucker Woods }woad. Atty Perkins explained that
the Villages of Cayuga Heights would not approve anything without an amendment to the
current agreement. The question is what form should the ag;reement take. Atty Perkins will
call the attorney for Cayuga Heights and discuss it with him prior to the Town taking any
action.
Cl T Hatfield inquired 4s to the status of the road relocation for Correll at the
OrmtholoV Lab, Atty Perkims stated that it turns out that Cornell doesn't own all the property
th at they are proposing to convey to the Town of Th den and must buy it from New York State
before it can he conveyed to the 'flown. Atty Perkins and Supv Varvayanis had a Productive
meeting with Cornell and they have suggested a couple of revisions to the agreement which
Atty Perkins received Date yesterday. Cornell's contractor has been delayed J'or about ten clays
and Cornell representatives would like to ai.'tend the June 6 board mee En . ZO dater staled
he had received word that there were surveyors on the job today.
At 9:15 p.rn, the Board L'oalr a, recess.
9;40 p.m. the Board. re=turned and Cl Breck made a motion to move to executive session
to discuss a specific personnel matter.
J Tottey - What personnel matter is goirig to be discussed 4.
Cl C Hatfield w Second the motion.
RESOLUTION 41136 - MOVE TO EXECUT E SESSION
Cl Beck offered the following resolution and asked- for its adopt =
1hESOLVED, that this Town Board move to executive session to discuss the employment
history and f or appointment, employment, promotion, demotion, discipline, suspension,
dismissal err removal of a particular person.
2 ,,a Cl C Hatfield
Roll Call Vote
Cl Beck Yes
Cl T Hatfield yes
Supv Varvayards Yes
C1 C Hatfield Yes
Cl Grantham Yes
upv Varvayaniti - I suggest that we go into the code enforcement officer's office, (9 =42
Pm -)
J Tottey - l'cl like to remind the Town Board that. if this i-s aixout me, that I have no
Problem with this being in opera session.
At 10;50 p, m- on motion of C1 C'rranthum5 seconded by Cl 'T` Hatfield and unanimPusly
carried, the Board relmrncd to open session,
page 20 of 30
TB 5 -9-01
® Joseph Steflik read the following resolution (omitting the references in parenthesis)
which was moved by Cl C Hatfield and seconded by Cl Beck.
RESOLUTION # 137 - TERMINATE EMPLOYMENT OF JOHN TOTTEY
Cl C Hatfield offered the following resolution and asked for its adoption:
WHEREAS, a Notice of Discipline was served by the Town of Dryden Highway
Department upon an employee, John Tottey ('Tottey'') by letter dated February 8, 2001; and
WHEREAS, the hearing officer issued his recommendations pursuant to a decision
dated April 12, 2 00 1; and
WHEREAS, Tottey was suspended without pay for thirty (30) days from approximately
February 8, 2001 to March 7, 2001, and suspended with pay since approximately March 8,
2001; and
WHEREAS, Jack Bush ( "Bush'), Town of Dryden Highway Superintendent, has
delegated the final determination as to any disciplinary action against Tottey to the Town Board
of the Town of Dryden, and
WHEREAS, each member of the Town Board has reviewed the transcript of the hearing
and the decision of the hearing officer; it is
RESOLVED, that the following findings of fact are made:
® 1. Tottey is an employee of the Town of Dryden Highway Department who suffered
a hip injury during the course of his employment on February 8, 1999 (R.14);
2. Bush is the elected Town of Dryden Highway Superintendent and has held that
position since January 1, 2000. Prior to his election, he held the position of Deputy Highway
Superintendent.,
3.
The Public Employer Risk Management Association
( "PERMA ")
is
the
administrator
of the Self- Insured Workers' Compensation Program
for the Town
of Dryden.
4.
Tottey,
by letter from PERMA dated February 11,
1999, was notified of PERMA's
status and
advised to
contact PERMA if he had any concerns
(R. 15 -16).
5.
Except for approximately
two
(2) days in November, 1999, Tottey worked from
February 8,
1999 through April 3, 2000
(R.
106, 177).
6. During the period of February 8, 1999 through April 3, 2000, Tottey did not
receive any benefits pursuant to the Worker's Compensation Law ( "WCL" (R. 16).
7. Tottey, on or about. November 17, 1999, advised the Town of Dryden that his
physician had further restricted his ability to perform work. He was advised by letter dated
November 18, 1999 that essential tasks had to be completed. The same day Dr. Scarpella
revised her restrictions to allow Tottey to return to work (R. 105, 177).
8. Tottey notified the Town of Dryden by letter dated March 23, 2000 that he was
scheduled for surgery on April 3, 2000 and would "be on Workers' Compensation until released
by my physician to return to work" (R. 18).
40 9. Tottey had out patient surgery on April 3, 2000 (R. 17).
Page 21 of 30
TB 5 -9-01
10. Tottey received medical authorization dated October 26, 2000 to return to work
on October 30, 2000 (R. 9).
11. Tottey returned to work on October 30, 2000 (R 19)4
12. During the period from April 3, 2000 through October 30, 2000, Tottey received
workers' compensation benefits totaling $11,234.50.
13. Tottey's average wage prior to the surgery was $561.23 per payroll. I•Ie received
workers' compensation benefits of $374.15 representing the maximum allowable for a
temporary total disability.
14.
During
t:he period from April
3, 2000
through October 30, 2000, Tottey never
attempted to
return to
work for the Town of
Dryden
(R. 32).
15. Tottey is the sole owner of a company named JT Quality Asphalt Maintenance
( "Quality Asphalt ") which performs driveway sealant services (R. 26).
16.
During the
period from April
3,
2000 through October 30, 2000, Tottey worked
for Quality
Asphalt on a .minimum
of seven
(7)
projects
(R. 33 -38).
the driveway (R. 35 -37, 41
17. Tottey normally did the following work during the period from April 3, 2000
through October 30, 2000 -- lifted objects up to thirty (30) pounds (r. 29), squeegeeing (R.29-
30), loading the company truck (R. 30), assisted loading the blower (R.30), picked up cones
(R.30), changed the oil in the truck and scaling machine (R. 31), and paperwork (R.31).
18. Tottey worked on the property of Dick Fagan on approximately July 7, 2000
where he drove the company truck, supervised the work, cleaned off the driveway, did 50% of
the sealant spraying, and loaded empty pails (R. 33, 97 -98, 129 -131).
19. Tottey worked on the property of Craig Adler where he drove the company truck,
sprayed sealant, poured the hot crack filler, and loaded buckets (R. 35, 37),
20. Tottey worked on the property of Dewitt Perkins where he drove the company
truck, sprayed sealant, and placed and removed pails. (R. 35, 37),
21.
Tottcy worked on the
property
of Catherine Cornell
(also known as the McElroy
project) on
October 13, 2000, where
he drove
the company truck,
spread out the sealer, and
squeegeed
the driveway (R. 35 -37, 41
-47, 84 -97,
131 -134).
22. Tottey worked on the property of Sinnigan where he drove the company truck
and sprayed the sealer on the driveway (R. 36 -67, 135),
23. Tottey worked on the property of Albert Sinnigan where he drove the truck and
supervised the operation.
24. Tottey worked on the Brown property where he drove the company truck and
sprayed the sealer (R. 38).
25. Tottey, from April 3, 2000 until a Worker's Compensation hearing on November
29, 2000, never advised the Town of Dryden, PERMA, or the Workers' Compensation Board
that he was working (R.32, 48, 61, 78).
Page 22 of 30
TB 5 -9-01
26. At the hearing on November 29, 2000, Tottey stated the only work he performed
was to drive a company truck:
"Q. Sir, between April 3rd, 2000, and October 30th, 2000, did you perform any
work anywhere?
A. I was out of work for my surgery. No, I didn't perform any work.
Q. Did you perform any work on behalf of this asphalt sealing business between
April 3rd, 2000, and October 30th, 2000?
A. I guess you could say so, yes. I drove my truck.
Q. And you didn't help your brother -in -law other than driving the truck?
A. That's it.
Q. You only drove the truck?
A. Just drive the truck." (R. 22 -26)
27. Tottey, from November 20, 2000 through the date of the hearing, never advised
the Town of Dryden, PERMA, or the WCB that he was working and never attempted to contact:
the Workers' Compensation Board to correct his answer (R. 81 -82).
28. Bush, since the time he was Deputy Highway Superintendent:, enforced a town
® policy that employees could not work on private projects on town premises without specific
authorization (R. 68, 106, 111 -113, 115 -116, 183).
29. Bush, on April 2, 1999, issued a verbal reprimand to John Sinnigen and Jim
Smiley for working on a private project without prior authorization.
30. Tottey was aware the town has such a rule (R. 68).
31. Tottey, on May 3, 2000, (approximately one month after his surgery), utilized
town equipment (air hose and bar) to change tires on Quality Asphalt equipment on town
property (R. 67 -68, 100 -102, 125),
32, The Town of Dryden, by letter dated May 30, 20000, reprimanded Tottey.
33. Tottey admitted that the testimony of H Reese, P. Reese, and D Reese, as to his
work on the Cornell home, was accurate (R. 178).
And it is further
RESOLVED, that the following conclusions are made:
1. Temporary total disability is the inability to perform any gainful employment.
Performance of any such employment may result in a diminished award.
2. It is uncontroverted that Tottey performed "work" during the time he was
receiving temporary total disability benefits - driving a truck, billing, loading and unloading,
spraying sealer, squeegeeing and cleaning.
Page 23 of 30
'm 5.9-01
3. Tottey, when asked, under oath at a workers' compensation hearing, if he
performed any work except driving a vehicle, specifically denied any other work. 'Tottey now
admits, when confronted with witnesses, that this statement was false.
4. Tottey clearly made false representations when questioned at Workers'
Compensation hearing on November 29, 2000. This was only (6) weeks after his work on the
property of Catherine Cornell. After the hearing he made no attempt to correct his testimony
until confronted with witnesses and pictures.
5. The misconduct of Tottey was serious and there is a substantial need to deter
and punish such misconduct where the impact is on a taxpayer funded workers' compensation
program.
and therefore,
WHEREAS, after a thorough review of the transcript and decision, after making specific
findings of fact and conclusions, it is
RESOLVED, the recommendation of the hearing officer is adopted in part and rejected
in part as follows:
1. Charge 1 - Filing False Statements: both specifications are sustained and the
recommendation of the hearing officer is rejected.
2. Charge 2 - Perjury: the specification is sustained and the recommendation of
the hearing officer is rejected.
3. Charge 3 - Theft/Larceny: the three specifications are sustained the
recommendation of the hearing officer is rejected.
4. Charge 4 - Improper Conduct: the first specification is sustained and
recommendation of the hearing officer is rejected; the second specification is sustained and the
recommendation of the hearing officer is adopted,
and it is further
RESOLVED, that due to the extremely serious nature of the conduct of John Tottey in
accepting workers' compensation benefits as temporarily totally disabled when, admittedly, he
was performing compensable labor, .john Tottey is terminated from employment with the Town
of Dryden Highway Department effective immediately.
2nd Cl Beck
Roll Call Vote
Cl Beck Yes
Cl T Hatfield Yes
Supv Varvayanis No
Cl C Hatfield Yes
Cl Grantham No
Cl Beck - I move the meeting be adjourned.
M Walbridge - I think it would be inexcusable for you to leave without answering some
Of our questions. It: Ps late and we've all been waiting here. I think that its only reasonable for
you to respond to some of our questions.
P ge24of30
B 5-9-0
Supv Varvayanis - I can't imagine anytb'ing we'd say that would help our legal position.
Maybe Mallon you could relr=d us of what some of those questions were,
114 Walbridge - I have this question of order. Obviously the lawyer was directed to do
certain things to prepare that report and yet, when you came out of the last executive session a
week ago yon Maid no action had been taken. That seems a contradiction to m-e. Could you
respond to that? Unless he typed it while he was in there-
Cl Beck - At the last meeting we got. the transcript. Is that correct?
M Walbridge - No. I'm asking for what the lawyer did, You must have directed him to
do something to bring back and yet you didn't tell us that you had directed, that you had made
an action,
SupPv Vz�irvayanis - We diet not take that action in executive scssion-
M Walbridge - Who directed the lawyer to make a report?
Supv atvayanis - Any ivdividuW board member can request the attorney to take an
action. It doesn't. require a meeting to do that.
Walbridge - And who did so? Sir, can you tell me who asked you to prepare that
report? (Directed to J Steflik)
J Steflik - It wasn't a report.
Walbridge -dell, that would have taken quite a hit of typing for me. I w
wondering, which individual hoard member, if it wasn't a board action, asked that this attorney
prepare a resolution?
1 T Hatheid - I know I was one of the ones that asked for it- l don't mind telling you,..
J Steflick - I checked with Mahlon.
Cl T Batfield -
I asked for
three different scenarios so
that
we could wc*h all sorts of
options. The number
of options
available to this board were
very
limited by law.
.] Steflik - There were three eboices. I drafted three resolutions.
M Walbridge "And who asked you to do so?
Cl T Hatfield - I think we collectively did it last dme-
J Steflik - I was asked to draft three different resolutians.
M Walhndge - Okay, so the Board did not come barn and tell us that they had directed
the lawyer to give us three options.
J Stefiik - That's all you had was three options,
M Walbridge - No, but aren't you supposed to came back and tell us what you had
directed-
40 Cl Beck - Clarify the statement, Mark.
Page 25 of 30
TB 5 -9 -01
Cl Grantham - Peggy,
we've been told that
when we direct an
attorney or
direct a staff
person to do something, it is
not an action, and we don't
have to come back into
open session
0
and vote on it. But it also wasn't done last week.
It was
done since
the meeting
last week.
M Walbridge - And I gather Tom and some other people asked for this?
Cl T Hatfield - I asked for it last week, last Wednesday,
M Walbridge - Mr Beck or Mr Charlie Hatfield did you ask?
Supv Varvayanis - I don't think we have to get into a debate on this.
Cl T Hatfield - I agree with you Mark. This is counterproductive.
D Potter - I think
earlier
in this meeting we asked several
questions in the form of a
letter. As a citizen I
think that we are entitled to
some answers.
We elected you to act on our
behalf. I think we're
entitled to
some answers to
our questions.
Cl Beck - I think all your questions regarding the labor negotiations we can't talk about
at all. And our information is different than your information. I think that's all we can say and
that's about half of what this meeting is about, is you think this is a witch hunt.
D Potter - I never said that.
Cl Beck - I don't you did, but it's in the letters and in some of the statements,
Cl T Hatfield
- It's on some of those signs there
in
the back.
J Tottey - It's
definitely a
witch hunt. Tom. Yes,
it
is. •
Cl T Hatfield - I respectfully disagree.
J Tottey - You're going against the recommendation of your own hearing officer that you
hired and was appointed by the Town of Dryden to hear this. You have gone against his
recommendation.
Cl T Hatfield - That's correct.
J Tottey - You hired him.
Robin Seeley - You said you had other information. Are you acting on information that
the hearing officer didn't have access to? And yet you come to a completely different
conclusion.
Cl Beck - Yes, we
did.
And that's
hard for all of
us. The evidence, we pretty much all
agree what
the evidence
says.
I shouldn't
speak for the
rest of the board.
Cl T Hatfield - The resolution's a matter of open record, and it spells it out.
Cl Grantham - I think what Ron just said about we have other information about the
negotiations. I think you need to clarity that statement.
Cl Beck -
The labor union
action,
there's
been several statements about that this
evening, and we
cannot comment
about
that. It's
illegal ... 0
111oage 26 of 30
L Griffin - We're not asking about that.
fethat you are not bringing out -
Supv Varvayanis - No,
Cl Beck - Nothing,
+1'B 5 -9 -01
We want to know what information you have
1 Grantham - He was referring to the labor negotiations when he said that- The only
information that I had was the transcript, the administrative hearing officer's tb i , facts about
some definitions that have to coo with Worker's Comp and the findlings and resolutions
prepared for us tonight-
Mark Keith On Executive Board of the Mid Stale Central Labor Council } - Just for my
awn piece of -Hind so that I don't walk out of here thinking that there's been a miscarriage of
justice, I know That there was a hearing officer who heard this case and l ]:now what their sorts
of backgrounds are, but 11m wondering if the three gentlemen who voted in favor of this motion
could give me a brief background of their experience in hearing cases like this,
C1 Beck - I don't pretend to be a lawyer,
Mark Keith - But you pretend to pass judgment.
Cl Beck -
I do what I believe is
right in my heart
and my mind,
and I wW stand
here in
front of al] of you
and tell you that I think
we are doing
the right tNx;g
for the Town of
Dryden.
Cl T Hatfield - I made one promise when k got elected and that was to use the talents
that I was blessed with to the best of my ability to sort through and balance competing
interests and I read this very differently than the fellow that made the recommendation. T'Ul
not a lawyer and I don't pretend to be, lout 111 stand by our action,
M Iteith - Just for my own information, Vyou guys could let me know what you guys do
for a, living I'd like to know so that 1 avoid your places of business.
Cl C Hatfield - I'm a dairy former and I'm not akraid to tell you that.
Keith - Good, I don't drink much rail lr-
Linda Smith, President of Mid Mate Central Labor Council - What part did this
independent counsel play if in fact you ignored it? %thy did you even use that in the first
Place'? And you have a right under the law to ignore the recummendation. Tbaf s what they do
for a living is going around and hearmg these kinds of cases and looking at the evidence. They
did and they carne irp with the conclusion they came up with and yet the three of you, who
admit you've -never heard any of these kinds of cases and don't have experience inn that, decide
to totally disregard their recamtvendations. Why did you do shat in the first place?
J Steflik - It was either him or Jack Bush. The one who should have heard it was Jack
Bush, but because of the conflict, he had to delegate it to someone. In other word qg, the normal
person to hear it would have been the Highway uperintendent-
L Smith - Okay, do they were brought in as a third party,
J Steflik - Somebody delegated- -.
L Smida - That's the purpose of this-
Page 27 o110
TB 5-9=01
J Stefhie - That's the purpose. They're not }gearing officers, it's just anybody you can
pick, But Mr- Bush would have been the normal one, but because of Ise allegations of conflict,
he recused himself. He w g would he making this decision rather than delegating it to the Tourn
Board,
L
Smith - Under
normal circumstances
if Ms. Bush had mode a decision, would that
decisions
have held, and
these guys could have
over ruled
the superintendent?
J S-te#lik - 1 don't think so,
L Smith - His decision would have held?
J Steilik - If Mr. Bush ha.d made it?
L Smith - Right..
J 8CeNc - Except the problem was that ivlr- 13 ush was accused of being - --
L Smith - I said, under different circumstance and there was no con Fliet and Mr. Bush...
J Steflik - Them he wouldn't have delegated and mane the decision himself.
Cl Gran tixam - My understanding is that Jack Bush as Highway Superintendent could
have held the hearing and made the decision. And what happened was that an administrative
lzesrin�; aver was chosen instead and Jack delegated the decision to the ']`c�v] Board and that
e did have a right to accept or no l: accept the recommendation of the hearing officer.
Supv Varvayanis - If Jack had run the 'hearing and made a decision and not delegated
the ra f t to make a decision, there wouldn't have been a role for u s-
L Smith
- And perhaps there vv rid
role for this
third
party, It doesn't seem as though
there was. You
delegate this neutral party to look at the
facts and make an informed,
professional decision but yet that ultimately
is ignored.
It seems strange to me.
'Pony Hall, Dryden Courier - Mark., 4de you and Deb vgaut to give your reasonings for
voting against thus?
1 G=rantham - I didn't feel like there was sufficient basis for going against the
recommendations by the ad=ministrative hearing offleer, ale hired the person, they -made
recommendations, and l thought at the most we should have followed those recommr_ndations.
Supv Varvayanis - it's about the same with me. I don't thin there was a lot of
disagreement on the facts. I don't tank Mr. Toney di&agx`ces with the facts that Came out in
the hearing officer's opiY on,
?? - Can we have the decision of the h.eaning officer read publicly?
Supv Varvayanis - That's a matter of public record, I don't lu- uw if we a got to go
through all that tonight-
?? - It's 12 pages. It wall read fast.
Supv Varvayanis - There was a motioii on the floor? 0
Pago 29 of 30
TB 5 -9 -01
Ron Powell, Mid State Labor Council - One of you mentioned there were three possible
scenarios as to the outcome of this sordid mess here. What were the other two options and
why were they rejected in favor of this unfortunate outcome?
Supv Varvayanis - He could have been hired or reappointed with all back pay. We
could have kept the 30 day suspension without pay. We could have given him an additional 30
days without pay and he could have been fined $100.
R Powell - Wouldn't options like that be more appropriate for a worker with 24 years on
the job? Someone who's shown a considerable amount of loyalty to the Town of Dryden
regardless of his political differences with certain individuals in this Town. 24 years counts for
a lot. Discharging someone for this degree of misconduct is just completely out of line for
someone with that kind of a record.
Cl C Hatfield - $11,000. Taking money that. doesn't belong to him? That's not
misconduct?
R Powell - I didn't say it wasn't misconduct, if indeed that was what happened.
J Tottey - Has the workers compensation board found that I took any money? Has
there been a decision from them that I have taken any money that wasn't awarded me? They
awarded me that money Charlie.
Cl C Hatfield - Why did they bring action against you then, John?
J Tottey - Who brought action against me?
0 Cl C Hatfield - PRRMA didn't they?
J Tottey - That's not the Workers Compensation Board. That's an insurance company.
The Workers Compensation Board made a judgment that said that 1 was entitled to ghat. I
haven't heard anything from them. That's the State of New York, that's not an insurance
company.
M Keith - I'd just like to reiterate a point that Ron made here. You sir are a dairy
farmer. I worked in agribusiness for about six years. I'm absolutely 100% certain that you
believe yourself to be an honorable man and a good farmer, and I am absolutely 100% certain
that I could spend a month nosing around your farm and I could find more illegalities that you
can shake a stick at. Absolutely certain of it. And they would all be as picayune and bullshit
(pardon my french) as what you've passed through here. The level of dedication that this man
has shown to the Town of Dryden through his years of service is not something that you should
slap away so readily. I think it's an insult to every voting citizen in Dryden.
R Powell - I think that every person in this room that's here for John would urge you to
reconsider.
D Potter - You know that this isn't the end of this, and you know that it's going to cost
this Town an awful lot of money. Tom, you know John as well as I do, and you know darn well
he's not going to stand and let you just do that without a lawsuit coming back against this
Town. Do you feel good about the fact that that's going to happen? It could cost this....
CI T Hatfield - I don't feel good about any of this.
® D Potter - Town a lot.
Page 29 of 30
TB 5 -9-01
J Tottey - I hope you sleep well tonight thinking about firing me. I really do. I hope you
think about my wife now who's had heart trouble. I haven't done anything wrong. Now there's
no health insurance for her. I Hope you all sleep well tonight. I really do. I really hope you all 0
have a good night's sleep.
Cl Beck - John, we feel real sorry for you, but you put yourself in this position.
J Tottey - I did not put myself in any position, Ron, and you know it. This is nothing
more than a witch hunt against me and I will keep using that word. That's all it is. Everybody
here knows it is. The public out there know it is, and they know who made this decision
tonight. It was Ron Beck, Tom Hatfield and Charlie Hatfield. that fired me.
Cl Beck - That's correct.
Supv Varvayanis - Mahlon, could you say anything about Cobra and health insurance.
Atty Perkins - 1 think it should come from personnel.
Supv Varvayanis - Okay. He gets help.
Atty Perkins - He gets it.
Supv Varvayanis - Okay there was a motion.
On motion made, seconded and unanimously approved, the meeting was adjourned at
11:19 P.M.
Respectftffly submitted,
L
Bambi L. Hollenbeck
"Town Clerk
Page 30 of 30
Town of Dryden
Town Board Meeting
May 9, 2001
Name - {Please Print)
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Town Board Meeting
® May 9, 2001
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Town of DMden
Town Board Meeting
May % 2001
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