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HomeMy WebLinkAbout2001-07-11TB 7- 11-(11 TOWN OF DRYDEN TOWN BOARD MEETING July 11, 2001 Board (`Members Present: Supv Mark Vavayanis, C1 Thomas Hatfield, Cl Ronald Beek, Cl Charles Hatfield, Cl Deborah Grantham Other Elected Officials: Bambi L. Hollenbeck, Town. Clerk Jack Bush, Highway Superintendent Other Town Staff Mahlon R. Perkins, 'Gown Attorney Kevin Ezell, Assistant Zoning Officer David Putnam (TG Millers), Town Engineer 1 PUBLIC HEARING (CONTINUATION) APPLICATION OF INDEPENDENT WIRELESS ONE TO CO- LOCATE A WIRELESS COMMUNICATION ANTENNA O° ON AN EXISTING TOWER AT 204 WALKER ROAD Supv Varvayanis opened the pubic hearing at: 7:10 p.m. and Town Clerk read the notice published in The Ithaca Journal. Dori Bakos, Walker Road, asked whether the cell companies would regularly check the emission from the antennas (annually). Supv Varvayanis told her that is done by the FCC. Mrs Bakos wondered if they were checked before and after installation of an antenna. Atty Perkins stated that the installer has to make certain certifications, and under Federal Law the Town is not permitted to even basically discuss whether or not the emissions meet the Federal guidelines. It is totally outside the jurisdiction of the Town in regulating the towers; it is a matter of Federal law. Emissions do need to be certified annually, and the FCC would be notified or the carrier would be notified, depending on who was conducting the test. Cl Grantham informed Ms Bakos that she can contact the FCC to see what the results of the inspections arc. Supv Varvayanis asked if there were other questions or comments and there were none. The hearing was left open. PUBLIC HEARING APPLICATION OF INDEPENDENT WIRELESS ONE TO CO- LOCATE A WIRELESS COMMUNICATION ANTENNA ON AN EXISTING SILO AT 523 CORTLAND ROAD Supv Varvayanis opened the public hearing at. 7:15 p.m. and Town Clerk read the notice published in The Ithaca Journal, Supv Varvayanis informed the applicant that the application was complete and a presentation was not necessary. Cl Beck asked if the antenna would extend above the silo and applicant stated that it would not. Necessary utilities will be underground. Supv Varvayanis stated he had seen pictures and heard of this type of thing being done elsewhere and he is happy to see it happening here. Page 1 of 26 TB 7- 11-01 Supv Varvayanis asked if there were other questions or comments and there were none. The hearing was left open. _ PUBLIC DARING (CONTINUATION) SPECIAL PERMIT APPLICATION OF RYSZARD WAWAK TO ERECT FOUR MULTI - FAMILY STRUCTURES CONTAINING 21 DWELLING UNITS AT 1062 DRYDEN ROAD Supv Varvayanis opened the public hearing at 7:20 p.m. and Town Clerk read the notice published in The Ithaca Journal, Town Clerk read into the record a letter received from Thomas R. Brown and Nancy Seimbor -Brown and comments received from Karen Flores, of Tompkins County Planning (attached to these minutes). Gary Wood, Engineer for Mr Wawak, stated he was available to answer any questions. Arthur Berkey (noted the public hearing started earlier than 7:30 p.m.) - First of all, I didn't get down to look at the latest documents, so I do have a series of questions that I would like to ask. The first question is has the Planning Board reviewed this application? Supv Varvayanis - The Planning Board has not. Arthur Berkey - Is there a reason they did not, that you didn't get input from them? Supv Varvayanis - They don't have an official function in this. A Berkey - Okay, thank you. Has all the documentation been received by the Town Board? Supv Varvayanis -Yes. 4 A Berkey - Has the DOT commercial highway permit been received? Kevin Ezell - The highway permit has not been received yet, is my understanding, but we have a commitment letter that it will be. A Berkey - Could you read it please? K Ezell - This is addressed to Mr. Slater regarding Rsy7ard Wawak, Route 366. This is to confirm that Nit. Wawak has applied for a highway work permit to build a commercial driveway and bus turnout lane. This department has done a preliminary review of the proposed work and is satisfied that with some modification a permit %%U be issued. Please feel free to contact us at 607 - 756 -7072 if you have any questions. Sincerely, Gordon Reimels. A Berkey - Let the record show that the modifications have not been specified or agreed to. Have you received a new revised environmental assessment? Supv Varvayanis - Yes. A Berkey - So that item 11 where it says no threatened plant or wildlife. On the original one it said no, and then it had a place where it: said source. May I ask where the source of the no came from, please, because there is a place for that on the application. G Wood - The answer is personal examination of the site. Page 2 of 20 T8 7 -I I -01 A Berkey - So the applicant is also a biolo &iet I assume. Also I note on the environmental assessment form., the one item that's not listed at all is where it says would the road take eaxe of the additional traffic, And that particular item on my original assessment' thing is neither checked yes nor no_ On the revised ane is it checked? Supv Varvayanis - While he's looking that up w�1 you continuo A Berkey - It was brought up at the last hears nom, that when the bulldozer went in there on the original structure, that there wad asbestos shing es on that particular house. And I'm personally aware of that because we own the property immediately adjacent. What has been done izz terms of detenuirung thaI_ vve don't have asbestos contamination at that particular site? I've watched carefLrlly and I 've seen no diggitng there at all. Wood - No investigation has been made , A Berkey - So we have a situation where we may have contaminated sail. Wood - r. Wawak doesn't owzz the property yet ,so wm haven't been able to do any of those ]rinds of physical things. I talked to the contractor who buried the house and he has told me where it is and what he thinke it would ccist to remove it. Now, if it is now removed as a commercial venture, does it have to have are asbestos survey prior to removal.? When it was originally buried it could Legally be dnrte by the homeowner without going through an asbestos survey, but now it's a different story and it has to be done. We understand. A Berkey - 1 would suggest that before a permit is awarded, thed, the condition be that the asbestos be checked. Supv Var,rayams - I think that's a legal requirement_ A Berkey - in terms of the drainage, I'm very concerned. We awn the gully and I'tn concerned about erosion in that particular gully and I would hope that you would ask the developer to post a bored so that if erosion does take pl.te in that gully on our property rhat there is a band to cover the cost of rem doing that particular thing. Again, my major concern is the safety when we add 40 parking spaces there of people coming out of that particular space and particularly the backup of traffic that's going to happen, People cQmi g from Cornell and turning left irtto there, that's going to back up traffic con$i ffi derably if you have 44 or even 20 or 30 cars there. Right now even the two or three cars that are on our four -unit apartment house, one person doesn't have a car, the rest only have one tar. And myself, my expezience is on the difficult high times it's very difficult even to get out. And if you have 20 people that need to gat nut and particularly early in the morning when you come down and the road is not yet salted, that's going to be a major, a. major, concern_ So I would hope that even though this is in large part the responsibility of the DOT since that's a state road, I hope that the Town Board would take the major concern, the safety of the residents of the Town of Dryden, in their considerations as to whether or not to grant this permit. Thank you very much_ upv Varvayanis, 12 Forest Lane w Any body else? Susan Ashdown -'The letter that went out said that the hearing was at 7:30, so if I don't know mat's gone on before, I'rn sorry. y 4�-Lnncern about this project is a safety concern. i'ro a bus taker on that road. I take the bus at the top of the h; 1, which is dangerous enough_ There was something about a bus pall out? -What ir> that? 5upv Varvayanis - At the last meeL7ng someone suggested it would be nice if he had a bus stop right. there and it was suggested that TOWTran be contacted and they were They gave Page 3 of 26 TB 7 -11 -01 some specifications. They wanted a bus to be abler to get off the road andDUW Mr. Wawak has agreed to build it and they have agreed to use it. Wood - And the DOT has agreed to accept it. Ashdown - That solves the problem going west bound. The other clirection is going to be a problem- Are the people goring to have to cross the road? O Wood - 1 would assume as much. S Ashdown - My other concern is on the other side of the property, the abandoned railroad right of %xmy, which is a highly used, highly valued community resource. Right now that stretch is very wild. There are no residences visible along that particular stretch and the addition of the seven apartment buildings would be very distressing. I know that they said they are going to try to mask that fi-ouk t_lz.e right of mmy, but I don1 see how that can possibly be done- Again, access to that trail for anyone who lives in those set of buildings would encourage people; to bike and encourage people to walk. Particularly to bike because that has the potential of being a prime biking path for commuting to Cornell . It's on grade practically to Cornell and again there's a lot of interest in developing that as a bike path- I' wouldn't want anything to stand in the way of that. upv Varvayanis - You certainly encourage bicycler use in your current apartment complex, Will you provide access to this trail should it be built? R Wawak Yes. I could rxtiaybe answer a few of those question€. First of all the trail is on part of the property. The right of way is ne}t in place. Ashdo vm - We understand. It is however a possible community resource. R Wawak stated that half of the trail i.s on this property and the other half is ark Cornell Urdversiity's property emd displayed a No Trespassi -ng sign on the trail. S Ashdown explained that the sign was there to preverkIN people from leaving the trail and going into an area that contains a utility shed- R Wawak shoved Ms. Ashdown a photograph of the accommodations he has maple for bicycle storage at his Baker Hill apartment complex. He noted that there is a sigh on Route 366 indicabng that it is a bike route and stated that he urould encourage tenants to use bicycles. Mr Wawak stated that the project meel's the DOT site 64,%tonce requirement's for the drive and that he proposes to build a bus turn off lane (conking* from NYSEG) and build a glass shelter and the bus will stop only when someone is in the shelter, G1 Beck asked whe lber the bus would step coming from the oilier direction and Mr. Wawak stated that they said they might since the mad is uid-e an that side and there is no problems going uphill with the visibility. Mr Wawak stated he has had the property surveyed by two independent surveyors and Arlin r Berkey does nut believe that the Sine i-s in the right place regarding the gully- Mr Wawak presented a puss showing the bus pull off area and bus shelter. A Berkey skated he is still puzzled as to wby Mr Wawak feels he is qualified as a Dialogist to say that there are no endangered species of plants or animals in that area and asked him to share his qualifications or if Borne one other than Mr Wawak made the determination, Mr Wawz* explained there is a map showing sites of endangered species- G Wood - C'm the one who made out the environmental asses. %moot form- f went over the property- I've been dosing this type of thing for something oat the order of 30 years noun. I think I'm generally qualified to see when there are conspicuous, unusual things. Last but not least, there is a whole notebook of critical environmental areas ill Tompkins bounty. As you probably know there is one somewhat near this %ite3, which I included in my report- Since it's Page 4 of 26 T..3 7wl 1 =01 not on the list of critical environmental. areas, I think it's reasonable to assume that there's not likely to be something there that's highly unusual or sensitive_ A Serkey - The reason I as'kcd the question was on the original report that was submitted there was no justfficatron at all. That's the reasonn 1 asked_ Supv Varvayanis asked if there were any other questions or comments on this or the previous applications. There were none and all hearings were closed at 7945 p,m, Supv Varvayanis called the Town Board meeting to order and asked Joyce Gerbasi to address the board_ Joyce Gerbasi, as the Town's representative to the Tompkins County EnvizonznentA Man Wment Council = Bate Hackett and Jon Anderssen have requested that the County Board of Representatives become involved in Funding an aquifer study for Tompkins County_ You will note from the map that most of the aquifers in Tompkins County are in the Town of Dryden. So This is perhaps mare important to us than other communities. What they are trying to do is understand the impact of ground contamination on these aquifers. They don't want another Jacksonville or any more MTBE contamination at,ion than we already have. We have sorae septic tank problems as you are already a.waYe on Hanshaw road. They also want to make sure we have adequate drinking water and if we don't Imow where the aquifers are and what shape they're in this can be a problem. The lake is usable, but it costs a lot to pump from it. The aquifer study can also be used for population development and a number of things. It is essential for planning in County and finding out what ae�a TB 7-1 1 d) ] Mike Lane told the Board that Joyce erbaai is one of the stalwarts on the Environmental Management Council, attends just about every meeting, reports back to the Town and does a good job, It is important to have a good representative like that and she deserves a pat on the back. 0 Mike Jane = This is an area that I think most people think that we should proceed with. Unfortunately, it's the dollars that's bur1xr , It could easily be a ten milli on dollar project County wide, Of course, each munieipaLity is going to want, i0s aquifer looked at, ,same perhaps wanting it dame tomorrow and some maybe in a couple of years. It comes in a difficult budget year for the County. I think what the County is looking for mare than anything etw, more than a figure, more than a percentage is In say yes, we could see this as a partnership, we would be willing to mark with you on something like thas_ Maybe the County Will work our a schedule with municipalities and if Dryden wmats its map first or Caroline does, we could look at it and look at what the borrowing would cost us. It's a little frustrating for us because the to &al enhty to hire 1'a do this i% the US ,which is who we contra.eted with before. So if the federal government is reducing it's commitment: for grant funding (it's noxv doom to 30" /o) and saying why don't you pay 701/o to 1eeep our office going and doing this work. I guess that's the way things work. Unfortunately there has been less money for soil and water conservation measures in the last ten years than there should be. But Tompkins County is behind other counties. We're behind Cortland in looking at aquifers. Cortland had the asmstknre of some private money there due ter sou,o spillage to help it. In rallying about the reach issue, one of the problems when you talk about reach is, especially with our aqu frrs, is they probably go into another County- Harford is frequently mentioned as a major recharge area for the aquifer that comes into Tompkins County from the southeast. So I think this idea of intermunicipal caoperafion more than anything else is what the County is looking for here_ Don't feel you've gat to put a immure a.n tonight, but we would like to see municipalities say they want to work on this and help_ I -have no doubt that the Co unlyr is 40 going to have to bear a larger share obviously than a municipality, but how that formula would work out, where we uvsuld go, how much these aquiferq would cast. Joyce said $150,000 each, I suspect the bigger ones are going to be more than that. The board agreed that such a ;tudy would benefit the Town and Tompkins County, but it would need to discus the amount of funding and after further discussion passed the fallowing resolution. RESOLUTION #162 = SUPPORT FOR FUNDING CONTINUED AQUIFER STUDIES Cl Grantham offered the fallowing resolution and asked for its adoption: WHEREAS. the public health and economic and environmental well -being of Tompkins County acid its residents are dependent on safe and dependable supplies of drinking water, and WHERBAS. water supplies in Tompkins County origi gte frnzn, ar mix with., underground water sources and aquifers, and WHEREAS EaA 5 it is possible to analyze these underground water supplies and aquifers to utter understand their quality, abundance, yield, and flaw characteristics, and WI4EREAs, public health will directly benefit from addidanal studies. and Pogo 6 of 26 'CIS 7 =114) l WHEREAS, this increased knowledge will help to guide fixture development and zolVoTiai2e its environmental impacts in this community and ui the County, now therefore be it RESOLVED, that the Town of ] yden requests that the Tompkins County board of Representatives approve funding for the advanced study of aU aquifers in Tompkins County, and it is further RESOLVED, that this Town board hereby autliorizes the Supervisor to forward a letter of support to the Tomplziis County Board of Representatives. 211r] Cl C Hatfield Ralf Call Vote Cl Beek Yes Cl T 14atlield Yes upv Varvayanis Yes C1 C Hatleld Yes Cl Grantham Yes The Board then reviewed the environmental assessment form for the co- location application for 2 04 WQ dker Road (contained in file). Slu pv Varvayanis noted that #1 1 regarding whether the site contains any endangered plant or animal species was no I, completed, Applicant explained that they have sent a request to Department of Environmental Conservation for a. response, The site has alzeady been disturbed by the Cower in place and they assume that there is nothing there. It is not in any critical environmental areas. The response was marked 'ho". RESOLUTION #163 = SEQR NEG DEC INDEPENDENT WIRELESS ONE CO-LO ATION AT 204 WALKER ROAD Cl Grantham offered the folloWM9 resolution and asked for its adoption; RESOLVED, that this Town Board issue a negative declaration based on the SEAR review for the special permit application of Independent Wireless One Co co- locate on an esting tower at 204 Walker road i xi n the Town of Dryden. This is an unlisted action and the Town of Dryden is the lead agerncy in uncoordinated review. The Supervisor is authorized to sign all riecessary documents. 233r' C1 T Hatfield ]doll Call Vote Cl Beck Yes C1 T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Ye RESOLUTION 0 i54 - APPROVE INDEPENDENT WIRELESS ONE APPLICATION FOR COmLOCATION AT 204 WALKER ROAD Cl T Hatfield offered the following resolution and asked for its adoption: WE F�'REA , Independent Wireless One has selected the Town's number 1 priority for location; and Page 7 of 26 TS 7=1 1 mOl WHEREAS, Independent Wireless One has requested certain relief from the Town's Ordinance based on co4ocating on an existing facility and the Town's consultant recommends granting the relief as requested in the applicalH n; and WHEREAS, the Town's consultant has determined that [rid opendenI, Wireless One has complied with the requirements of the Town's Ordinance fora co- located wireless telecomrnunicatioi] facility; NOW; '1`J-l.ER -Ela ORE, BE FT RESOLVED, that the Town Hoard of the Town of Dryden, New York issue a Special Use Permit to Independent' Wireless One to co- locate a wireless telecommunications facility on z�in e.�dsting tower located on Walker Road in the Tn %vn of Dryden, New York to provide service essentially ixithin the Tnlom of Dryden with the following conditions: 1. That a $25,000 removal band be irL place with the ToTam prior to the issuance of the building permit and the start of construction, _ That Corrii Telecommunication Services, with the assistance of IWO complete a review of the structural integrity of the tower, found436uns and soil at the Site, and certify to such, prior to the issuance of the building pemii: and the start of any con struictionI 9_ That the Town receive from independent Wireless One a certificate of insurance demonstrating the existence of the requirod insurance, prior tD the issuance of the building permit and to the start of any construction. 2nd C1 Grantham Roll Call Fate Cl Bock Tres Cl T Hatfield Yes Supv Varvaayanais Yes C1 C Hatfield Yes Cl Grantham Yes The board reviewed the enviroz mental assessment form in connection with application of Independent Wireless One Cra co- locate an antenna on an emisling silo at 523 Cortland Road, RESOLUTION if 165 - SEQR NEG DEC INDEPENDENT WIRELESS ONE Cl Grantham offere LMO Vi e&alu onOan arc fo its adoption: RESOLVED, that this Town Board issue a negative declaration based on the SEQR review for the special gerrrnit application of Independent Wireless One to co =locate on an eidsting silo at 525 Cortland road in the Town of Dryden_ This is an unlisted action and the Town of Dryden is the lead agency in uncoordinated revieur_ The Supervisor is authorized to sign all necessary docum.eni's_ 2]]11 Cl C I•Iatfield Roll Call Vote Cl }seek Yes Cl T Hatfield Yes upv Varvayamis Yes Cl C Hatfield Yes C1 Grantham Yew Page 8 of 26 TB 7-11 -01 0 RESOLUTION # 166 - APPROVE INDEPENDENT WIRELESS ONE APPLICATION FOR CO- LOCATION AT 523 CORTLAND ROAD Cl T Hatfield offered the following resolution and asked for its adoption: WHEREAS, Independent Wireless One has selected the Town's number 1 priority for location; and WHEREAS, Independent Wireless One has requested certain relief from the Town's Ordinance based on co - locating on an existing facility and the Town's consultant recommends granting the relief as requested in the application; and WHEREAS, the Town's consultant has determined that Independent: Wireless One has complied with the requirements of the Town's Ordinance for a co- located wireless telecommunications facility; NOW, THEREFORE, BE IT RESOLVFD, that the Town Board of the Town of Dryden, New York issue a Special Use Permit to Independent Wireless One to co- locate a wireless telecommunications facility on an e.�sdsting silo at 523 Cortland Road in the Town of Dryden, New York to provide service essentially within the Town of Dryden with the following conditions: 1. That a $25,000 removal bond be in place with the Town prior to the issuance of the building permit and the start of construction. 2. That Independent Wireless One deliver to the Town's consultant the necessary ® topographic and geomorphologic study and analysis and certification by a New York State licensed Professional Engineer that the silo is adequate to assure the stability of the proposed facilities and that the Town's consultant, with the assistance of Independent Wireless One, complete a review of the structural integrity of the facility, foundations and soil, and certify to such, prior to the issuance of the building permit and the start of any construction. 3. That the Town receive from Independent Wireless One a certificate of insurance demonstrating the a dstence of the required insurance, prior to the issuance of the building perout and to the start of any construction. 211d Cl C Hatfield Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes The board discussed the application of Mr. Wawak. Supv Varvayanis stated that he had felt the sight distance was limited, but that both DOT and TomTran support it. Cl T Hatfield noted that Mr Wawak was willing to work out easements for the trail and Supv Varvayanis said that could not be required as part of the permit. Cl T Hatfield asked if it could be addressed in any way at all and Atty Perkins replied that the approval could be conditioned upon his assurance that he will do that, making it an assurance and not a condition. Mr Wawak stated that the trail would be beneficial to his tenants and so it would be in his best interests to have it there. Pagc 9 of 26 TB 7-114)l Cl Beck stated his biggest concern was the traffic and the information provided in the traffic study and the grouping of cars seems to provide for pretty easy access into the traffic flow. Susan Ashdown noted that it was during bad weather that the traffic backup was the worst. Supv Varvayanis stated that a concern mentioned was a maintenance plan for the drainage system and asked Dave Putnam for comments. D Putnam - If they can't establish a good grass cover, they'll have to replace it with a stone riprap spillway to prevent the erosion of it. With a grass spillway if it's mowed all they have to do is keep the trees out of it. G Wood stated that he believed the person who made the comment might be concerned with the long term plan. It is private property and the developer's responsibility. Atty Perkins said that it could be made a condition of the approval. Atty Perkins - I think it would be helpful if you went through each of the items in Section 1303, subdivision 2, and use ghat as kind of a checklist in your deliberations and where you are coming out on this. Those are the findings you have to make when you consider whether or not to grant the special permit.. You will also of course need to address the SEQR. Cl Grantham stated she had some questions about the drainage plan. She urould like to see the water not have to travel across the parking lot, picking up possible contamination, before it reached the retention pond. G Wood said he would try to make some adjustments. The board reviewed the environmental assessment form (contained in filed) changing "Cortland" County Planning Department to "Tompkins County Planning Department. RESOLUTION #167 - SEQR NEG DEC APPLICATION OF RYSZARD WAWAK TO ERECT FOUR MULT- FAMILY STRUCTURES CONTAINING 21 DWELLING UNITS AT 1062 DRYDEN ROAD Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board issue a. negative declaration based on the SEQR review for the special permit application of Ryszard Wavvak to erect four multi - family structures containing 21 dwelling units at 1062 Dryden (load in the Town of Dryden. This is an unlisted action and the Town of Dryden is the lead agency in uncoordinated review. The Supervisor is authorized to sign all necessary documents. 2nd Cl C Hatfield Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes Cl Beck asked whether the gas lines that went through the property were a large transmission. Dave Putnam stated that the one runs from the railroad to Route 366 is a service line to the buildings across the street. The one that runs through the other way is the main Ithaca-Dryden gas main. R Wa%vak stated that NYSEG said they may replace the little one. It is about 20 feet from the proposed buildings. The Board reviewed the Section 1.302(2) requirements. Page 10 of 26 TA 7 -11 -0 1 (a) Whether Section 1303.1 requirements have been met. Board determined that the application was complete based on submittals and discussion. (b) Whether the location, the use, and the nature and intensity of operation will be in conflict with the allowed uses of the zone or neighborhood_ Cl T Hatfield stated the project is within the allowed use of the zone and seems to fit the immediate use of the properties around it, so (b) has been met. (c) Whether the use will be more objectionable or depreciating to adjacent and nearby properties (by reason of traffic, noise, vibration, dust, fumes, smoke, odor, fire, hazard, glare, flashing lights or disposal of waste or sewage) than the operation of the allowed uses of the zone. Atty Perkins - Remember that 1303 pertains to all special permits. It already assumes that it's a use allowed by special permit, so what you have to do is analyze whether or not this proposed use, which is allowed by a special permit will be more objectionable or depreciating to adjacent and nearby properties than those which are allowed without a special permit. Supv Vaivayanis - It will generate more traffic than a single family home would. G Wood - May I address that issue for a minute? The State DOT's official traffic count is 6300 cars a day. So if you take the ultimate 2 cars per unit twice a day, 80 trips, it's really a relatively small percentage. Supv Varvayanis - I'll agree to that as far as the significance is concerned, but the ® specific question we're looking at now is not how significant is it, but does it exist. And it would be more traffic generated from this than. a single family. CI '1' Hatfield - I don't think it rises to the level of being more objectionable. This use is acceptable. (d) Whether the use will discourage or hinder the appropriate development and use of adjacent properties or neighborhood. Cl T Hatfield - It will probably encourage the development of that trail and therefore the use of it. Cl Grantham - I don't: know that there are other properties that are undeveloped now other than that one in the immediate vicinity. Cl T Hatfield - Right, because the others around it are already developed, right? Cl Grantham - Yeah. The difference is the single homes on Forest Lane, Cl C Hatfield - There's an apartment house right next to him. R Wawak - The closest homes are the homes across 366 and we have letters of support from those home owners. Cl Grantham - It's a difference in use from this area. Pagc 1 l of 26 TB 7 -11 -01 (e) Whether a non - residential use adjacent to an existing residential use shall be screened by a landscaped buffer ship or suitable fencing. Supv Varvayanis - I don't really think it's applicable because it says non - residential use • and this is residential. You can request screening. Atty Perkins - One of the things you should keep in mind too, the reason a special permit is triggered here is that the site is over two acres. Multiple family dwellings are allowed as a right. If the right was under two acres we wouldn't even be having this discussion. So the zoning ordinance does contemplate multiple family dwellings in the RC Zone. Cl T Hatfield - With respect to (e), you're right, Mark, it's not a non - residential use and in this instance it's not applicable, but we could take the landscaping, buffer strip, or screening for a special condition. Ms Mueller of 11 Forest Lane stated she has a two unit home and does not want people in her yard and would appreciate a buffer between her property and the complex. Mr. Wawak introduced a neighbor of his Baker Hill complex who confirmed that residents of the complex do not travel into his yard. permit. Cl Grantham - I think we can talk about: a buffer as part of the conditions of a special Supv Varvayanis - We'll talk about a buffer when we do our special permit. 09 Whether health, safety and general welfare of the community may be adversely affected. Supv Varvayanis - I don't think we have any question with the safety and site plan. Again I think the only question was the safety and site plan and the DOT and TomTran both approve and it's hard to argue with ghat. Cl T Hatfield - I agree. What do you want to do about screening? Supv Varvayanis - What do you propose to do about the buffering? R Wawak stated that the buildings will be far away from the trail and they don't intend to remove the existing vegetation. He will plant additional trees if it is not sufficient. Atty Perkins suggested that the board could consider a condition that no vegetation will be removed or disturbed within the set back areas from the side yard, and leave it in its natural state. Site plan was examined by board members and residents of the area. Atty Perkins stated that it would be difficult to replace a 10 foot shrub or bush and the idea is take out as little as necessary as the natural condition is what provides the screening now. G Mood stated they would like to agree not to remove any vegetation beyond the limits of the contour changes shown on the drawing. That does go close to the lot line in one instance. After discussion, it was agreed that vegetation would not be removed if possible within the set back areas, and if it was necessary in the course of erecting the buildings or contour work, the vegetation would be replaced. Residents indicated that would be acceptable. Atty Perkins stated the special permit could be issued conditioned upon the, developer presenting a proposed replacement schedule for anything disturbed wvithin the 15' area, and it would be helpful if some kind of inventory were taken before the area was disturbed to get an idea of what's there. Cl Grantham (to Mr. Wawvak) - But where you don't have to remove it, then don't. And in the setback area, if you have to remove in order to regrade, then we want you to put Page 12 of 26 TB 7 -11-01 something back. We'll have a condition that says something like get a replacement schedule and replacement vegetation plan approved by the Town., R Wawak - I think the nicest way to solve the problem would be to put nice 6 -7' trees along the border. C1 Grantham - And that would just have to be approved by Henry. You wouldn't have to come back to the Town Board. Dave Putnam - We had some suggestions in our letter of June 29. Cl Grantham read from TG Miller 6/29/01 letter: Drainage analysis conforms to the criteria of Standard Condition #7. Grass spillway is acceptable in concept, but if appropriate ground cover is not established in a timely manner or if erosion persists after the ground cover is established the spillway shall be rock lined. Culvert under the old railroad bed is not the responsibility of Mr. Wawak and is not critical to his development plans. This culvert will be important for the Town's future trail and maintenance easement should be acquired from Mr. Wawak. As a condition of any approval the Town should require verification by Mr. Wood of the "as- constructed" basin volume and grading. Cl Grantham - And then there is a condition about the town water main. Once the water main is located in the field minor modifications in the building layout or grading may be required. Once the buildings and water main have been staked, and we will make a site visit to determine if any adjustments are necessary prior to construction. Supv Varvayanis - You don't have a problem with that, do you? I guess while we're discussing it, if erosion continues it has to be rock lined. Mr. Berkey brought up about the bonding in case of erosion. Is that something we've ever done before? ® Atty Perkins - No, but we've got power to revoke the special permit. We don't have any actual provisions in place with respect to requiring a letter of credit or a guarantee from a private developer except where the Town's going to be owning something. D Putnam. - We'll know before they occupy the buildings whether or not: it's going to work. Cl Beck - It's pretty difficult to determine if erosion is a result of construction or a natural cause. You'd have a hard time determining that in that gully wouldn't you? D Putnam - This is what they're constructing, not what's in the gully. Cl Beck - But the bonding was in reference to the gully on somebody else's property. D Putnam - The majority of the water that goes through that gully comes from underneath Route 366. It doesn't come off from this site. Cl Grantham - I don't think it needs to be made a condition, but you'll try diverting collecting some of that water and keeping it from all washing across the parking lot. G Wood - Okay, agreed. RESOLUTION #168 - APPROVE WAWAK SPECIAL PERMIT Cl C Hatfield offered the following resolution and asked for its adoption: Page 13 of 20 TS 7 -11 -01 RESOLVED, that this Town Board hereby approves the special permit application of R_yszard Wawak to erect four multi - fancily structures containing 21 dwelling units at 1062 Dryden Road, subject to the following conditions: 1. Standard Conditions of Approval (7- 12 -00) shall apply; 2. Applicant shall minimize vegetation removal and replant if removal or grading is necessary within the setback areas. 3. If appropriate ground cover is not established in a timely manner or if erosion persists in grass spillway after ground cover is established the spillway shall be rock lined. 4. Applicant shall give the Town an easement across his property to the culvert under the old railroad bed for maintenance purposes in connection with future development of the trail. 5. Verification by Gary Wood of the "as- constructed" basin volume and grading. 6. Minor modifications in building layout or grading, subject to location of water main. 211d Cl Grantham Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes Cl C Hatfield - I'd like to compliment Mr. Wood on about as complete an application as we've ever had. Nathan Winograd - I'm the new executive director of the Tompkins County SPCA. 1 was asked to be here by the Supervisor to discuss an incident that occurred on May 20 at the property of Mr. -Vaughn Sherman. I also wanted to take this opportunity to introduce myself. I'm a recovering lawyer from California I gave up my law license to move my wife, two kids and two dogs to Tompkins County and I'm a new resident of Dryden. Mr. Winograd explained that he received a letter from Supv Varvayanis indicating that there was an incident on the property of Mr. Sherman. Although the incident predates his arrival he did speak to the animal control officers who were involved in the incident. Mr. Sherman called the SPCA on a Sunday to report that. there were two stray dogs on his property. He was informed that the SPCA does not respond to stray dogs on the weekend except on an emergency basis. According to the SPCA there was no mention by Mr. Sherman that the dogs were attacking livestock. Subsequent to that the SPCA received a call from a dog control officer in Homer who responded to Mr. Sherman's and impounded the dogs. It: was then that the SPCA learned that the dogs had attacked Mr. Sherman's calves and one of the calves subsequently died. Vaughn Sherman read the following letter to the board: Dear Mr Varvayanis: 1'd like to express to you a very frustrating experience I had with the Tompkins County SPCA. On May 20, 2001 at approximately 1:00 p.m. we were notified by a. passerby that dogs were attacking our calves located near our heifer and dry cow facility on Simms Hill Road in the Town of Dryden. Ken Sherman, an employee at work on the property threw stones at the dogs and chased them away. They left and cross the road and lay down under a bush. I was called to the scene and immediately called the SPCA of Tompkins County. After explaining to the girl who answered the phone that the dogs were attacking calves the response from her was that Page 14 of 26 TB 7 -11-01 on Sunday there was no service available. I asked what about the dog warden and she again said that it was Sunday and no one was available. Becoming very frustrated and irritated I told her that I would shoot the dogs. Her response was do you want to be arrested. I told her if that's what I had to do to protect the animals then that's what 1 would do. Her response was well I don't know what the laws are. My response was never mind, I'll find someone who does know what they are talking about. I immediately called Paul Burhans, the Cortland County Dog Warden, who came up and by 4:00 he had the dogs captured. I lost one calf and it took a couple of weeks, but the other calf will make it. Supv Varvayanis - He made a comment that he thought the dog warden was a friend of yours. My understanding is that not only is he not a friend of yours, but he thought the farm was in Virgil and that's why he came out. V Sherman - No. I know Paul as an acquaintance. He was an Agway salesman. I told him it was in a different county and I couldn't get any help. He said he didn't care, he'd take care of it. N Winograd - I was asked to come to Tompkins County from San Francisco because there were, candidly, a lot of problems with the SPCA. I think I've spent more time in my first few weeks apologizing for an incident and people's view of the SPCA. I've been getting to know the operations. I'm not going to dispute that there are staff issues with the SPCA. There are operational policies that need to b, reviewed. Where there should be protocols, there are no protocols. All I can do is apologize to Mr. Sherman. I can work with him to make it right. I'm not here to dispute his recollection of events. I'm kind of caught between a rock and a hard place in trying to address an incident that occurred prior to my arrival. Supv Varvayanis - We're not really here to find out exactly what happened and who is to blame. We really want: to make sure that it won't happen again. \S N Winograd - I appreciate that. My job is to improve the reputation of the SPCA and to make sure that it serves the citizens of the County and serves the animals of the County and that doesn't mean just dogs, but chickens and calves and all the other animals that are in the County. I do think that regardless of whether the job here is to fund out: whether one party is in the wrong and the other is not, that it is my job to make it right. I want to assure the Town Board that I will do that prospectively and take responsibility for any incidents that occurred that predate my arrival. Cl C Hatfield explained that: before the Town contracted with the SPCA they had a individual who was the dog warden and the SPCA aggressively competed for the contract. They guaranteed emergency service and we got no emergency service on the day in question. The citizens are paying for emergency service. N Winograd responded that he understands that. He has spoken with the individual who took the phone call. Mr. Winograd is not disputing Mr. Sherman 's version, but when he spoke to the staff person involved, she stated they had informed Mr. Sherman that the SPCA did not do routine pick up of strays on Sundays, unless the dogs were aggressive toward people, pets or property. Her version of the events was that Mr. Sherman did not state that the dogs were attacking his calves. Mr Winograd apologized for past conduct and assured the Board that if any citizen calls, 24 hours 7 days /week, if an animal is injured or sick or being aggressive to people, pets or property, the SPCA officers will respond or they will not be working for the Tompkins County SPCA. Mr Winograd has explained to staff that they are responsible for obtaining the information necessary to determine whether an emergency exists. N Winograd explained that the job of the SPCA is basically to serve the people and the animals of Tompkins County, whether it's convenient or inconvenient, whether it's within the Page 15 of 26 TB 7 -1 1-01 letter of a contract or part of their ethical obligation to the animals and people of the community. He assured the Board that this type of incident will never happen again. If it does he guarantees that the people involved will not working for the SPCA. He acknowledged that he is the director and anything that happens with the SPCA is ultimately his responsibility. He asks that once this incident is reconciled the Board judge the SPCA on its conduct beginning June 11 forward. The Board thanked Mr. Winograd for introducing himself and addressing the matter. Supv Vwwayanis asked if anyone was present who wanted to discuss the petition received regarding highway work on Bone Plain Road and there was no one present. COUNTY BRIEFING Mike Lane said that the late state budget is beginning to affect some of the transportation issues in that funding that was expected for some of the County projects has not been received. It may be necessary to do the Hanshaw Road project in stages, one part this year and the rest later. They will break ground soon on the Bostwick Road addition to the DPW building. Some staff have already been combined there and they are beginning to see the benefits of having some department staff cover for others for absenteeism and that: is saving money. The Diggs A building is under contract sale. They are hopeful about it and the purchase offer does not contain a lot of contingencies and does not contain a financing contingency. They are hoping the deal will go through this time. The household hazardous waste facility at the recycling facility has been collecting paint and insecticides and such. They are pleased with the present system and are hopeful that eventually they will be able to ease out: of having appointments and have it set up so that on a particular day people can just come with their items. They can't have it every day because of the kind of treatment those items require. Center staff unload the items and they are immediately put into barrels segregated by the kind of product received. There is a recyclable is paint system and much of the paint ghat comes in gets turned into new paint. The Caswell Road leachate system continues to be worked on by the engineers and they hope to have a report later this year. The redistricting suit was back in front of Judge Mulvey today. He lifted the stay and that means that the candidates can now file their petitions for the County legislature and he has allowed some additional time to the plaintiffs to do some discovery proceeds. They want to depose some of the people involved in the redistricting effort. M Lane suspects that: stems from Judge Mulvey's desire to make sure that everybody has a chance to make whatever additional comments they want before he rules on the summary judgment which is before the Court:. COUNCIL PRIVILEGE OF THE FLOOR Cl Beck - The Planning Board got: a letter from Bob Keech regarding the information we had about rezoning Tracey White's property. Henry's letter says that maybe the Town Board should have referred it to the Planning Board. We should probably take some sort of action to get it going. Do we need to have them review it, or do we need to decide that that's what we should do? Cl Grantham - I thought we talked about referring it to them, but I guess we didn't. It wasn't in the minutes. Supv Varvayanis - I think they should weigh in with an opinion. That's what we have a planning board for. 0 Page 16 of 26 TB 7 -11-01 Cl Grantham - And especially with the master plan stuff going on, we should send it to them. I think it kind of got lost in the discussion about Varna's request. Cl Beck - We didn't make a formal request. Cl Grantham - We could refer it to them and ask them to get back to us for the August meeting. (Board agrees) Cl Grantham - I brought a resolution last month that I asked Mahlon to look at: for the Intermunicipal Organization (Cayuga Lake Watershed). He thought it was fine, and 1 don't have it with me. I was going to ask that we pass it tonight. Supv Varvayanis - If Mahlon approved it, and if he's looked at, can we do as we've done before? Pass it and get the actual wording to Bambi. Cl Grantham - What's happened is that we had three consecutive years of money for the IO from the Department of State. We've done the characterization of the watershed based on current knowledge and we're very close to have a. management plan for the watershed, which would give the IO a kind of a direction to go in getting fundi ng to do work and also give municipalities and Counties direction to help with that. So stuff like getting funding to do work on stream bank erosion control in the Fall Creek Watershed is really strengthened by having that management plan. We can say this work was done, we did a characterization of the water shed, we came up with a management plan based on that. It's a sound process; it's based on some science to the best of our knowledge. Some of the recommendations include more study. There's very little information about groundwater in the whole watershed, not just in Tompkins County. So basically that resolution says that the Town would continue working with the IO and participate in the 10 and work to improve and protect the watershed. Cl Beck - What about funding? Cl Grantham - That we would continue to pay the dues that we`ve been paying, which have been $900 a year. At some point the IO is going to come back and say we need more than that, but we're not doing that now. What we'd like to do is a formula that maybe the counties would pay more, villages would pay less, and towns would be in between. With state money there is usually a match. You can do it in kind, but some of it has to be cash, and that's why that comes up. Cl T Hatfield - So it was a resolution of support. Cl Grantham - Agreement to participate. Atty Perkins - Continue it. Supv Varvayanis - It's an actual membership and dues. Atty Perkins - It's to continue the membership in the 10. RESOLUTION 0 169 - SUPPORT FOR CAYUGA LAKE WATERSHED INTERMUNICIPAL AGREEMENT Cl Grantham offered the following resolution and asked for its adoption: 9 Page 17 pt' 26 TB 7 -11=0 I RESOLVED, that this Town Board recognizes the importance of the Cayuga lake Watershed Intermunirapal Agreement and supports its continued membership in the intermunicipal organization. 2 11a Cl Beck Roll Call Vote ATTORNEY Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes Atty Perkins - I sent you a memo on June 21 about the status of the Moore Woods Subdivision. For Kevin's information and Henry's I think you should consider that that subdivision was abandoned. That's certainly the opinion of John Andersson. I concur with that opinion. Those lots have not been separately assessed for some six years, so I think our position should be that we abandon that subdivision. If somebody comes in for a building permit for a single family residence, you're going to treat it just like any other application. If they come in for an application on a ten acre parcel you're going to treat that like you do any other application, but: if people think they are going to get several building permits there without subdividing, that's where we have to draw the line. Cl C Hatlield - After an owner makes a subdivision, he can go and cancel it? Atty Perkins - He can cancel it, that's right. He loses everything he's invested in it. Cl Grantham - He did it so that he didn't have to pay taxes on separate parcels. He's got a bunch of for sale signs up. Cl C Hatfield - But if he wants to subdivide the whole thing he's got to do it again. K Ezell - He can go through the subdivision regulations as they are in the law now. He could divide that into four lots if he kept one for himself within a five year period. Atty Perkins - Or as many ten acre parcels as he can. Cl Grantham - Do we need to do anything else about that? Do we need to send him a letter? Atty Perkins - It probably wouldn't be a bad idea so that he's on notice. If you want me to do that I will do that. Cl Grantham - Should it be copied to the county or anybody like that? I'm thinking about potential buyers. Atty Perkins - We can record a copy of that letter in the County Clerk's Office and index it against his deed to the property. The board felt this was a good idea and directed Atty Perkins to do that. Atty Perkins - I sent you a memo on potential administrators for our housing rehabilitation program. Basically the only person I came up with was Bernie Thoma. I did speak with George Frantz, but he's not really geared up for this kind of work. Mr. Thoma did send a proposal to Mark, so that awaits your action. Page I Hof 26 T8 7- 11-01 I'm reporting to you that the Town of Dryden /Cayuga Press loan closed on July 9. The money was disbursed that day. I've given the original documents to Mark and copies have gone to Bernie Thoma and he is ® doing the monitoring and so forth. On Sapsucker Woods Road and Cornell University, an agreement was signed finally yesterday. Everything that Cornell has been required to do up to this point has been done except for some confusion over the date on the letter of credit, and Jack is prepared to release a highway work permit upon confirmation that we've got a letter of credit with the correct date on it. So that's moving forward. Bambi sent me a notice of a bankruptcy by Daniel & Christine Crispell who owed the Town some money in connection with a special permit for property at 234 Johnson Road. 'Ibis is a no asset bankruptcy. You cannot even file a claim unless you're instructed to do so. With respect to the Peregrine Hollow Subdivision, the property was auctioned off' by the County who acquired the property under a tax foreclosure. The property was purchased by one individual who has combined lots 1 through 26 into one parcel and has abandoned the subdivision approval for that part of it. This will not affect phase one, which is where they're building right now. There are a number of lots there that have houses on them. There are some roads we've accepted, there's water and sewer in there and so forth. I think your policy should remain in place with respect to the $5,500 to be paid by each lot owner before they get a CO. That fund is designed to enable the Town to build a meter pit on the line between the Town of Ithaca and the Town of Dryden to install a meter. When we have sufficient funds do that we can do it, or if pressed earlier, we can always do it: and bond the costs and assess it: against the 26 lots using what funds we do have. Supv Varvayanis - If there are only going to be 26 units going in there will we still need to put: in a meter pit? Atty Perkins - I think that's something we can go to the Torn of Ithaca and say as long as we don't have any more flow than from 26 houses here, that's not much and do you really want us to spend this amount of money to do it. Probably they'd be willing to do it on an estimated basis based on average daily water consumption. All the water is metered. Supv Varvayanis - Kathy is on vacation. I71 talk to her when she gets back. Atty Perkins - It may be one of those things that's not worth discussing until you have to. On Woodland Park Subdivision, I have received from the attorney for Mr. Sutton the proposed declaration of covenants and easements based upon the directions given by the Town Board to make the respective property owners liable for the maintenance of the drainage easements. Mr. Sutton is prepared to do the work and I'm in the process of putting together an agreement for your approval and review having to do with implementing the drainage improvements as modified and as recommended by the engineers so these drainage structures are located on one lot instead of two lots and realigning them. Of course that will be subject to your review, probably at your August meeting. We'll get something out to you ahead of time. It looks like that's finally coming together and Mr. Sutton is ready to do the work. Supv Varvayanis advised the Board that the Cutias would like to give an update on the Ithaca Produce matter. Brent Maynard of Ithaca Produce thanked the Board for working closely with them and ® for its patience as they've worked through the issues in creating and implementing their Page 19 of 26 TB 7 -11-01 landscape plan. He also thanked Henry Slater who was instrumental in finding the right people to help them get the job done. He distributed pictures of the working being done and construction of the berm. They would like an extension of the June 30 date for project completion, a few more weeks to finish the project. The board examined the landscape plan and Cl T Hatfield said he was please with the plan and that the work is proceeding. Cl Beck said he was thrilled they were started, and he hoped they understood that the Board had to enforce the law. Cl Beck thanked Henry and Kevin and stated their report was very complete. Cl T Hatfield stated the board had last passed a, resolution leaving the matter in ZO Slater's hands and if everyone was satisfied, it could be left there. The board agreed to revisit the matter on August 1. ENGINEERING No report. DEPARTMENT OF PUBLIC WORKS Jack Bush explained that they had received no bids on the John Deere 425 lawn tractor (advertised at a minimum bid of $6,500) and he would like to readvertise it with no minimum bid requirement and a right to reject any and all bids. If it was sent to auction there would be a 100% fee to the auction service. After discussion, the board agreed. RESOLUTION #170 - SELL JOHN DEERE 425 Cl Beck offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the Highway Superintendent to readvertise the John Deere 425 with no minimum bid requirement, and the right to reject any and all bids. 0 211d Cl C Hatfield Roll Call Vote Cl _Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes J Bush - Earlier you mentioned the highway work on Bone Plain Road, and rather than get into any detail I'm just going to say that I'm pretty sure this is going to be resolved and everybody is going to be happy when it's all done. Cl C Hatfield - I came down the road today and I see the stone has separated. J Bush - All the road that were surface treated last year, basically stone and oil to protect the thickness that's there, the main investment, for some reason we've had 40 to 509/6 stone loss. We always have some, but nothing like that. I've talked with the vendor and they agreed to come back and warranty all the work at no cost to the Town. Several people on that road do not want to see it re- stoned and oiled. I've asked the vendor to offer a different method of surfacing treating and that's what we're going to do. Cl C Hatfield - For all the signatures, there's not a soul here. • Page 20 of 26 TB 7 =11-01 J Bush - There were over 60 signatures so I feel it's important. I think the people have spoken and my solution is to resolve it with a different method. 0 TOWN CLERK Town Clerk asked for approval of minutes of the May meeting. RESOLUTION # 171 - APPROVE MINUTES Cl Grantham offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the minutes of the town board meetings of May 2, 2001 and May 9, 2 00 1. 2nd Cl C Hatfield Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes B Hollenbeck reported that the Recreation Partnership had asked the Ithaca Youth Bureau as provider of recreation services for the partnership to present a budget for 2002 with no increase over the previous year and they did. In the past the City of Ithaca has covered any budget over runs but that is not the case now. The partnership would like each participating municipality to add 3% to their portion for the 2002 year to be designated as a contingency fund in case of emergency budget over runs. Dryden's contribution this year computed according to the formula and the added 3% would be less than last year. The partnership would like to know whether participating municipalities would be agreeable to the additional 3% and the sense of the board is that it would be. B Hollenbeck reported that a dog enumeration needs to be done in the Town and she will place an ad in the paper for someone to perform that task. An enumeration should be performed every two years. The SPCA performed the last enumeration (four years ago) for a considerable fee and will not do it: again. Clerk reminded the board that the licensing of dogs ensures they have been vaccinated for rabies. ZONING OFFICER Kevin Ezell presented a memo to the Board regarding the annual conference of ICBO to be held in Cincinnati, Ohio, from September 16 to September 20, 2001. He would like to attend and estimates the costs to be approximately $1,200.00. RESOLUTION #172 - AUTHORIZE K EZELL TO ATTEND ICBO CONFERENCE Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes Kevin Ezell to attend the annual conference of ICBO to be held in Cincinnati, Ohio, September 16 - 20, 2001, and the expenditure of a sum of not to exceed $1,200 to cover expenses in connection therewith. 2,vd Cl Grantham. Roll Call Vote Cl beck Yes Cl T Hatfield Yes ® Supv Varvayanis Yes Page 21 of 26 TB 7 -.11 -0 1 Cl C Hatfield Yes Cl Grantham Yes Kevin Ezell reported that Department: of Environmental Conservation is going to start resurveying of the Fall Creek area at Forest Home Drive within the next two to three weeks for the flood plain mapping. Grant work for that area will then be able to move ahead. They will do a fly over in October and November and claim the map will be accurate within seven centimeters. DISCUSSION Cl T Hatfield stated he may have misspoken regarding Road Runner being offered Gee to municipalities. Road Runner is a different division from Time Warner and what is offered free is the INET. He still feels that Road Runner would be better than modem access to the internet. He has received a proposed franchise renewal agreement and that was distributed to board members. He would like feedback regarding the proposed agreement.. Cl Grantham said with regard to the internet that we need to be pretty careful about having computers with official records networked. The website should be on a server that is not connected to any other computer in the building. The best: way to have computer security and protect records from corruption is to not have them networked. She will try to get a policy from other places in order to develop some guidelines. K Ezell stated that the new phone system had been installed. There were two additional phones added for the justices that had not been included in the original quote. He will contact the telephone company and cancel the Centres service from the telephone company. Cl Grantham stated that there had been a Better Housing Oversight meeting yesterday and the foreclosure was discussed. Better Housing is going through all the liens to make sure that addresses are correct and they will find out what has to be done to change it. Atty Perkins is stated that: if the address is incorrect on the lien at the courthouse it is a difficult procedure to correct it. Cl Grantham stated there is $60,000 in uncommitted fiends left on the grant. She felt that Bernie Thoma's price for administration is pretty high for that. Atty Perkins staged that Better Housing should also be making sure that insurance is in place, that the paper work is filled out correctly, as well as making sure the address is correct. Cl T Hatfield stated he felt B Thoma's cost was realistic for the type of work that really needs to be done. It was $1,000 to $2,000 per case for the existing cases, and $2,500 for new cases. Cl T Hatfield - That is a lot of dollars in administrative costs. On the other hand, we just saw a lot of dollars disappear. Cl Grantham -'There are six pending cases, so that's $6,000 to $12,000 to finish those, plus there is three to six more that we could do. We've been spending about $20,000 per home and $3,000 to $6,000 on a mobile home. So depending on what we do it's probably 3 to 6 cases. Cl T Hatfield - I was d inking of a two pronged approach. Maybe we could go back to Bernie and see if we can get that tightened up a little bit_ This was a broad brush sense of what it would be. I'm not quite sure why it would be what it is, but he's in that business. He's got a lot of experience in it and has done a lot of them for a lot of other communities. Cl Grantham - Jim Hanson is going to go find out why it happened, too, supposedly from the County. Cl T Hatfield - We don't have to take action tonight. Page 22 of 26 T13 7-11 =0 1 Supv Varvayanis - That's the thing too. We're blaming Better Housing quite a bit, but the County was the one we contracted. They subcontracted with Better Housing. Jim Hanson shares a lot of blame for this. They were paid $40,000 for what they did. Cl T Hatfield - Maybe we ought to find out some more information. We've already paid a big dollar for administration. Cl Grantham - We have, so I think we need to get them to do some legwork for us. Our next meeting is August 1.4, but I can check with them before then. I'll ask Jim if he can come to our next board meeting. Cl Grantham - On the building needs, we met on Monday as a committee and interviewed Pamela Kingsbury from Egner. We were pleased and the committee recommends that we hire that firm to do the needs assessment. They answered the RFP, they had a good scope of work, they included the cost of the work and they didn't decide ahead of time what we needed and what eve ought to do, whereas the Schickel application already had in it what was going to happen. It also didn't have a plan of work and it way exceeded the scope of the RFP. The Sear group didn't address the RFP at all, didn't have a plan of work and no cost estimate. So the recommended Egner and we had them fax a contract which Mahlon has looked at and we have a first meeting tentatively scheduled with them in anticipation. There were a couple of things that would be extra. If we wanted her to evaluate alternative sites, if we got to that point in the study and said it needs to be at a different site so look into that, it would be mi additional expense. I don't think we need to worry about that unless it happens. RESOLUTION #173 - AUTHORIZE CONTRACT WITH EGNER ASSOCIATES FOR FACILITIES/ NEEDS STUDY Cl T Hatfield offered the following; resolution and asked for its adoption: RESOLVED, that this Town Board hereby accepts the recommendation of the building committee to contract with Egner Associates for a facilities/ needs study, and the Supervisor is authorized to sign the contract upon approval of counsel. 211r] Cl C Hatfield Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Supv Varvayanis Yes C1 C Hatfield Yes Cl Grantham Yes Atty Perkins - Your approval I guess says you're satisfied with the space facilities study task, process and deliverables. Cl Grantham - Yes. Atty Perkins - What kind of a time for completion do you want to put in there? Supv Varvayanis - October 31? Cl Grantham - I'm thinking we should aim for October and she seemed to think that was reasonable. That would be more than 3 months. Page 23 of 26 Atty Perkins - The compensation provision appears unclear and I think to suggest is that when they think they are about half done, have them voucher we'll pay them 90% of whatever they figure is done at that point and then when draft final report, we'll pay them another 90`%) of the balance. Upon acceptance report we'll pay them whatever is due. If that's okay, that's what I suggest. Cl Grantham - That's okay. TS 7- 11-01 what we ought that work and they submit a of the final Atty Perkins - And I'1.1 just point out that they're going to get a multiple of 1.1 of their reimbursable expenses. Their insurance does not meet the current insurance standards. If you want to waive that requirement you should probably pass a resolution to the effect that you're willing to waive compliance with the standing town insurance requirements. It's probably enough for the study. It wouldn't be enough if they were going to go to the design phase. They've got a general aggregate and we require six. Supv Varvayanis - This is the third time this has come up this summer. Should we get our insurance requirements to start at a lower level? Atty Perkins - I don't know that %ve want to start at a lower level. You may want to consider making companies aware of what our insurance requirements are and ask them to tell us what their timits are and what the additional costs would be. I wouldn't suggest changing our limits necessarily, but on a case by case basis taking a look at. what they're doing. I think w *hen you go to the design phase, this isn't enough. Supv Varvayanis - In the previous two we decided we wanted to hold to it, and we paid each $1,000 and if we (lid it at this time it would be $1,000 presumably again. Atty Perkins - The point is we don't really know what it would be. Supv Varvayanis - I'm just saying that we already spent $2,000 on the other two. Atty Perkins - I'm just saying what they have on their certificate is not what you usually require, so you can waive that based on the amount of risk involved and tasks they are going to perform. C1 T Hatfield - We should waive that for this one. I think the point is well taken. We ought to look at that policy because we can buy insurance cheaper because of our size. Atty Perkins - I think it's incumbent upon the contractor of the Town to demonstrate the actual cost: of that additional coverage whether it be just an increase in the amounts of their excess liability, which is usually the way it's done because it's the cheapest way to do it. Cl Grantham - Shall we waive it? Cl T Hatfield - I'm willing to waive it on this one. It's a study. RESOLUTION ti 174 - WAIVE INSURANCE REQUIREMENT FOR SPACE STUDY Cl Grantham offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby waives the Town's normal insurance requirement for the contract, with Fgner Associates to perform a facilities/ space study. 211d Cl C Hatfield Roll Call Vote Cl Beck Yes Page 24 of 26 TB 7- 11411 CI T Hatfield Yes Supv Varvayanis Yes CI C Hatfield Yes C1 Grantham Yes RESOLUTION # 175 - APPROVE ABSTRACT # 107 Cl Grantham offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves Abstract # 107, Vouchers #480 through 557, as audited, totaling $142,066.38. 211d Cl C Hatfield Roll Call Vote NEW BUSINESS C1 Beck Yes Cur Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes Cl T Hatfield - Every once in a while the subject of turning the Clerk's term in office from two years to four years comes up. If I remember right, to do that takes voter approval via a referendum. I don't know if anyone's thought much about it, but the last time we made changes the clerk at that time wanted to stay at two years. It seems to me it makes sense to have that as a four year term. Atty Perkins - You'll have to pass a local law subject to a mandatory referendum. C1 Grantham - So in order to get on the ballot in November we have timing requirements. Atty Perkins - You'd have to check on the time, introduce a local law and then you'd have to have a, public hearing on it which you could have at your second August meeting. Assuming there's enough time it could be on the ballot in November. Cl T Hatfield - We'd like you to look at that and give us some guidance. Supv Varvayanis - Would you like to have a four year term? B Hollenbeck - Yes. Supv Varvayanis - It makes sense to me, so sure, see if we can get it done. C1 T Hatfield - The other thing that came to my attention from a citizen the other day is that a lot of folks are putting up these storage sheds that you can buy in the community for not a lot of money. If you are putting in the first one I think to have a building permit and zoning permit and such is fine, but when it falls apart in six years and you want to put a second one up, it seems like $50.00 to replace an existing shelter on an existing spot is a little excessive. Our permit rates haven't been looked at in a very long time and I don't think there's a lot of work that goes into issue that type of permit for a replacement of one of those units. K Ezell - No, and for inspection on that, what are you going to do? It's there, it's done. You go there and make sure it's within the set backs. Page 25 of 26 TB 7-11-01 Cl T Hatfield - I think we should ask Henry & Kevin to take a look at that. K Ezell - It still requires a zoning permit regardless of size. Under our law anything in excess of 140 square feet: requires a building permit in addition to a zoning permit. I don't see the requirement for having a building permit where it's a prebuilt issue. Cl T Hatfield - I started out defending; our fee structure and before I got very far into the argument I couldn't do it anymore. 1 said I'd bring it to the board and share the story and see if there is a way to modify it on some basis. K Ezell - I'll be glad to look into and talk to Henry. Supv Varvayanis - But you still have to drive out there and look at the structure and make sure it was as represented. Cl T Hatfield - I'm just: thinking maybe we need a fee structure for that type of a deal. Instead of $50, if you add it all up it's $25.00. I still think there's a lot of issues there. K Ezell - I think it's a zoning issue more than it's a building code issue and I think that the zoning permit: is applicable for that type of structure, but not necessarily a building permit. Cl T Hatfield - You can look into it and get back to us. Supv Varvayanis reminded the Board there will be a TCMOA meeting on July 17 and the Association of Towns will be represented. They will discus's what has to be done to turn the County back to a board of supervisors. On motion made, seconded acid unanimously carried, the meeting was adjourned at 11:00 P.M. 0 RespeclAilly submitted &,X,41 AWA & 4��—vorr Bambi L. Hollenbeck Town Clerk Paige 26 of 26 Town of Dryden Town Board Meeting ® July .1.1, 2001 Name - {Please Print} Ij A 4 �F, Ew AL ick�i`Y �QsJ Address P o, 6o, 3 new r III le A !: ej a f +-� c4�'j 5 k�c&"a-cu ( . 14 J ,S Dn V Au4�1v 5�.��anArJ ��i q �ee /-� // /� 4Aj LI ® To Dryden g den 1141 hway Superintendent and Dryden Town Hoard We, the taxpayers of the Town of Dryden and residents of oil Bone Plain Road, are against the.resurfacing with stone andles for the reasons of paint and windshield damage to automob and property damage. � V ED i It is a waste of taxpayers' money. 1� Name •1 �L G E,vY 71u. V dc avu( Dct v '*j rA All va alo r "6z & 1 Address JUL 2 Q01 Z400 TOWNS Ur�`ttf�C IF tj g oya q�p 6,41 rftrY, !;?k 1 o L, , Pant.?tQ-,h jo J6 lI le�' L7 To Dryden Highway Superintendent and Dryden Town Board We, the taxpayers of the Town of Dryden and residents of Bone Plain Road, are against the resurfacing with stone and oil for the reasons of paint and windshield damage to automobiles and property damage. It is a waste of taxpayers' money. Dame d./ . < G IJ �ft A�4 Z W- Address ai)i ,Pct . 3 y �� e �la ►� � - g "A Al L�n� ;$17, f. Pq 4. IAW •ci c `lot w A( /D G 16 wove fid (0 0 CL To Dryden Highway Superintendent and :Dryden Town :Board We, the taxpayers of the Town of Dryden and residents of Bone Plain Road, are against the resurfacing with stone and oil for the reasons of paint and windshield damage to automobiles and property damage. It is a waste of taxpayers' money. N me c 7/1 r. J Address 1 /3 Rd -5uLL At `{99 Cc�s�vell �d, eree%I fly N`j �S4 -;� Qcr, � n "t�c1 AXII i r or To Dryden I.liglhway Superintendent and Dryden Town Board We, the taxpayers of the Town of Dryden and residents of Bone Plain Road, are against the resurfacing with stone and oil for the reasons of Paint and windshield damage to automobiles and property damage. It is a waste of taxpayers' money. Name s 4)4 t i >� Address i 53 Gv�St �f( .��, �r �_r e_e II ZT cow�4- t FASL, r 4�) v �I V ' ., te� � V \ r r r \.,) h r� �•' I� 1 •� l� �r u 5' V� ' N I : i i i r I C S.. l� rez D 'Ar { c W r" ON Now r O O V wo M c d 4 NMI � C rr D ml D Pee, rA ow lVTf11 C fly "�„' �. �"►� f� C% E fe+ .. �• �. ON ow m o n od aA � O A� o � o'Q'� Z C. mame O� ommme