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HomeMy WebLinkAbout2002-08-07t TS 08 -074)2 TOWN OF DRYDEN TOWN BOARD MEETING August 7, 2002 Board Members Present: Supv Mark Varvayanis, C1 Charles Hatfield, Cl Stephen Stelick, Jr., Cl Deborah Grantham, Cl Christopher Michaels Other Elected Officials: Bambi L. Hollenbeck, Town Clerk Jack Bush, Highway Superintendent Other Town Staff, Mahlon R. Perkins, Town Attorney Henry Slater, Zoning Officer David Putnam (TG Millers), Town Engineer Supv Varvayanis led the board and audience in the pledge of allegiance. PUBLIC HEARING �l SPECIAL PERMIT APPLICATION OF DAVID W. FOX, TO OPERATE AN AUTOMOTIVE REPAIR SHOP AT 293 GEORGE ROAD 00 Supv Varvayanis opened the public hearing at 7:05 p.m. and Town Clerk read the public notice published in The Ithaca Journal and the letter from Tompkins County Department of Planning regarding their GML §239 (1)(m) and (n) review stating that they found no negative inter - community or countywide impact. Supv Varvayanis noted that the Town's engineers had no comments on the application. Board members have previously received information relative to the application. Cl Grantham asked whether there were floor drains in the building and Mr. Fox said there is a floor trap and fluids do not leave the building. Shirley Price, who has resided next to site for over 30 years, expressed concern because Mr. Fox would not be living at the site and people may be dropping off cars at all hours and coming to her house thinking that the business owner lived there. She stated that Mr. Fox has done a great job of cleaning the property up, but she is concerned that it may not stay so neat and tidy, and doesn't want to see automobile parts and pieces laying outside the building. There is no fence between the two properties, although there is line of trimmed pine trees on the Price property. There will also be a trail along the old railroad bed in the future, and she stated that people walking the trail would not want to look at parts behind the building. She would like a fence between the properties and along the back of the Fox property, stating a fence would keep people out, where they could walk through a line of trees. D Fox stated that the current tree line separates the properties and that his property can barely be seen from where the walking trail will be. S Price said that it was possible that headlights from vehicles entering the Fox property would shine into their bedroom windows. D Fox said the way the drive was it was unlikely that would be problem. He does not expect much activity at night, and does not want people there at night. S Price asked if the Foxes had considered putting a house there and they replied they had. She would feel more comfortable if there was a home on the property. D Fox explained the site to the board, stating there are currently three entrances to property and that he had removed the driveway that used to circle the building. There is a right of sway reserved to Warren VanPelt across the property, but Mr. Fox does not: use it. The Pagc 1 of 21 T8 08=07 -02 tree line on the price property was located on the map (approximately 20' from the boundary line), as well as the Price's garage. S Price said that they are also concerned that their property will decrease in value with a repair shop next door. 4 Gerry Estelle, 348 George Road, stated he has two concerns. One is the amount of traffic on George Road and the other is the speed of traffic. He said since the road was repaved last year, traffic has increased. Cl Grantham asked what the standards for line of sight with respect to the driveways were. ZO Slater said at a speed of 55 mph it was roughly 840 and 800 feet. He said that for a left turn sight distance they want you to have 520 feet for exit from the road, and that is not a problem at this site. Board reviewed the tax map shouing the applicant's property in relation to other properties on the road. Site distance from the driveways on the site to the north is smaller than the recommended distance. D Putnam stated that while the site distance is still less than desirable, the Town did improve the site distance on the road. Supv Varvayanis asked if there were other comments. There were none and the public hearing was closed at 7:33 p.m. PUBLIC HEARING SITE PLAN REVIEW APPLICATION OF WALK ON WOOD HARDWOOD FLOORING SALES AND SERVICE TO OPERATE WHOLESALE AND RETAIL BUSINESS AT 1808 HANSHAW ROAD Supv Varvayanis opened the public hearing at 7:34 p.m. and Town Clerk read the public notice published in The Ithaca Journal and the letter from Tompkins County Department of Planning regarding their GML §239 (1)(m) and (n) review stating that they found no negative inter - community or countywide impact. Atty Perkins said that the Board should determine . that: the application is complete and whether the site plan is sufficient and noted that they are not proposing to make any changes. Kurt: Scrudato of Walk on Wood stated that they are not planning to make any changes at this time. They don't need any additional space at this time. ZO Slater noted that in the past there have been as many as three businesses operating at that location and now there would only be one which would lessen any traffic impact. Cl Grantham said that the application states that ultimately Walk on Wood desires to either renovate or demolish and rebuild and asked if a firm decision had been made to renovate the building. K Scrudato said the building is very rough, kind of a "cob job" of people adding things to it. Eventually they would like to do something and it may turn out that they may decide not to remodel, but to start over. That decision will be made down the road, and the building would probably be the same footprint. Cl Grantham said there was mention of finishes and chemicals and asked if the finishing and varnishing was done at the site. K Scrudato said they do not provide any labor, but are simply a materials provider. They do handle finish as a product for sale but will not be using it at the premises. ZO Slater stated that most finishes now are water - based. Supv Varvayanis asked if there were any other comments or questions. There were none and the hearing was closed at 7:40 p.m. PUBLIC HEARING APPLICATION BY RALPH CRANDALL FOR MODIFICATION OF SITE PLAN APPROVAL TO INCLUDE USED CAR SALES AT 1410 DRYDEN ROAD is {'age 2 of 21 TB 08 -0702 upv Varvayanis opened the public hearing at 7:41 p.m. and Town Clerk read the public notice published in The irthaca Journal and the letter from Tormpk7ns County Department of Planning regarding their OML §239 a) (m) and (n) review stating that they found no negative inter-community or countywide impact. Ralph Craji dall staked thaf he would expect to sell about ten cars a year and would never have more than ten cars for sale at any one time, and probably not Foxe than two at a time- There would be no repai.T g;rork dvzle on site Vehicles u*ould he repaired by a registered repair shop and be leak -free before being placed on the site. The Board reviewed the site plan from 1986 which slows an area for possible future development. The car sales area would be that area de%4nateal for future development- The area is grass/lawn now. There wi31 be no site work done and no building construction, 5upv Varvayanis asked if there were other questions or comments and there were none. The hearing was left open. TOWN BOARD MEETING Supv Vanrayanis called the Town Board meeting to order at 7;45 p -m- The Board discussed the Fox application and the site distances from the driveuwa (s) . D Fox said that this will be a part time business and he estimates there will not be more than 10 em—s entering and exiting the property a day. He has spent a lot of time and money cleaning the property tip in intends to keep it that wa }F. 1�e will not store anydhit� outside the shop with the exception of waste tires and those will be kept out back and out of sight. D Fux currently works at Action Auto m Cortland and Cl Stelick said chat he drives past there every day and that site is very clean. Cl Grantham asked that waste tires be covered so that they do not get any watex in them, D Fox said he could 1 do that on the back side of the building. upv Varvayanis noted that the tWo current drives are about 190 feet apart and asked if one drive would be adequate for the applicants needs- D .''ox said he felt that the two drives would make it safer fur customers to pull in and drive out and would prefer to keep two. Cl Grantham said that only having the southe nmost driveway would mean that less traffic close to the Price house, and ZO Slater said that if the lower driveway were used then the lights of vehicles entering at night would be aimed right at the neighbor'e house, D Fox said that the lights do not hit the Prices' house and noted that Vanpelt's right of way was on the upper driveway. There is also a third culvert near the creek that is used. After further cliseussion. it was decided that site distance may not be improved by using a different driveway, Cl Grantham ,said that she would like to avoid a. situation such as what arose with Ithaca Produoe by doing whatever could be clone for the neighbors now, such as landscaping to block sound and light. D Fax said with the current tree line and the locadon of the Prices' garage con %truction of a fence would be a waste of money. The board discussed conditions for approval and agreed that all work should be done ID doors, all storm of parts and pieces would be indoors, all tires would be stored under a roof or othe vnise protected from rain. A fence between the Mvo properties was discussed, Cl Grantham stating that a fence between the two properties would make sense. Board reviewed the location of Fox's gage and the prices' tree line and garage. The 7xee line rums escentially the length of the property, except where a driveway coiner through it. 9 Price %aid they would like the option ofrequ7ri g a fence if they decided it was necessary. The board did not believe that was a workable situation and a decision on requiting a fence needed to be made snow. upv Varvayanis and Cl Grantham said they had no problem with a fence- Cl Michaels stated that as much h4rm could be done as good with a fence- D Fox suggested the ncighbors could Nagc 3 of 21 TB 08 -07d]2 put a fence on their property if They felt the need for one and they do intend to build a home on the property in the future. 0 Supv Vanrayanis asked how many employees they expected to have and D Fox said it would only be him worJdng there itiliaally and tyro building was not large enough Co accommodate a large number of employees. The board discussed putting a restriction on the number of employees and D Fox stated he would have to expand the building if he had more employees and would have to come betare the board for approval. Atty Perkins pointed out that is really limited by the size of the building and hours of operation. The board decided not to put a restriction on the number of employees. Cl Grantham asked if the applicant intended to have a sign and he stated he would contact O $later and ccrxfarm with the ordinance with respect to any sign, Board rtnriewed the Mort form envirorimer tal assessment form, noting that there i% some concern from a neighbor and that applicant needed to obtain special permit approval and the appropriate motor vehicle repair license. RESOLUTION #169 - NEG SEAR DEC � FOX SPECIAL PERMIT A.PPL16ATION C1 Grantham offered the following resolution and asked for it's adoption: RESOLVED that this Town Board issue a negative declaration based on the SEAR review for the special permit application of David Fox to establish a motor vehicle repair shop at Q93 George Road in the Town of Dryden. This is an unlisted action and the Town of Dryden is the lead agency in uncoordinated review. The Supervisor %s authorized I rx sign all necessary docurnemts- 21Li1 C1 Michaels Roll Call Vote Cl plaffield Yes C1 Stelick Yes Supv Vmvvayanis Yes Cl Nfichaels Yes C1 Grantham yep RESOLUTION # 170 - APPROVE FOX SPECIAL PERMIT C1 Hatfiel(l offered the following resolution and asked for its adoptdon: RESOLVED, that this Town Board does hereby approve the special permit of application of David Fox to operate an automobile repair ga.z�Et a at 293 George Road lin 11-ie Town of Dryden subject to the following conditions: 1) S1iandaxd Conditions of Approval (7- 12 -00); 2) All repair work will be formed mbgde the building; ) All storage of parts and pieces shall be inside the building; 4) All tires shall be stored under cover and protected. from rain; 5} All brash wffl be stored inside; b} Hours of operation shall be 5 :00 a.m. to 5:00 p -m- Monday through Pxiday and 8:C)() a. -ut- to noon on Saturday- A C1 Michaels Roll call Vote C1 Hat'f'ield Yes Cl stelic Yes Page 4 of 21 TB 021- 07-02 Supv Varvayanis Yes ® Cl Michaels Yes Cl Grantham No Supv Varvayanis asked if there were any other comments on the Crandall application. There were none and the hearing was closed at 8:25 p.m. The Board discussed the Walk on Wood application and noted that this is a pre - existing non - conforming lot and therefore no variance was required. Supv Varvayanis stated that because there are no changes in the building there is no need for a more elaborate plan. The board then reviewed the short form Environmental Assessment Form. RESOLUTION # 171 - NEG SEQR DEC - WALK ON WOOD Cl Grantham 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 site plan review application of Walk on Wood Hardwood Flooring Sales and Service to establish a retail and wholesale facility at 1808 I-Ianshaw Road 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. 21"id Cl Michaels Roll Call Vote Cl Hatfield Yes C1 Stelick Yes Supv Varvayanis Yes Cl Michaels Yes Cl Grantham Yes RESOLUTION # 172 - APPROVE WALK ON WOOD SITE PLAN APPLICATION Cl Grantham offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the application of Talk on Wood Hardwood Flooring Sales and Service to establish a retail and wholesale facility at 1808 Hanshaw Road in the Town of Dryden, subject to the Standard Conditions of Approval (7 -12- 00). 2nd Cl Stelick Roll Call Vote C1 Hatfield Yes Cl Stelick Yes Supv Varvayanis Yes Cl Michaels Yes Cl Grantham Yes The Board discussed the application of Ralph Crandall to add automobile sales to his existing business, Locke Wood Interiors, at 1410 Dryden Road, and reviewed the short environmental assessment form. RESOLUTION # 173 - NEG SEQR DEC - RALPH CRANDALL C1 Grantham offered the following resolution and asked for its adoption: Image 5 of 21 TB 08 -07 -02 RESOLVED, that this'rovwn Board issue a negative declaration based on the SEQR review for the site plan review application of Ralph Crandall to modify his site plan approval to • add automobile sales at 1410 Dryden Road 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 CI Michaels Roll Call Vote Cl Hatfield Yes Cl Stelick Yes Supv Varvayanis Yes Cl Michaels Yes Cl Grantham Yes RESOLUTION # 174 - APPROVAL R CRANDALL SITE PLAN MODIFICATION Cl Grantham offered the following resolution and asked for its adoption: RESOLVED, that this Town Board does hereby approves the site plan modification application of Ralph Crandall to add automobile sales at 1410 Dryden Road, subject to the Standard Conditions of Approval (7- 12 -00). 2nd Cl Michaels Roll Call Vote Cl Hatfield Yes Cl Stelick Yes Supv Varvayanis Yes Cl Michaels Yes Cl Grantham Yes Judge Valentinelli inquired as to the progress of the building committee in moving ahead with plans for a new building. Supv Varvayanis and Cl Grantham informed him that the design architect had been chosen and was working on the project. COUNTY BRIEFING Martha Robertson presented a proposed resolution that the County would like the Town to pass in support of its application to create an Empire Zone in the County, parts of which would be in the Torn of Dryden. Cl Grantham and Cl Stelick attended a meeting last week where sites to be included in the Empire Zone were chosen. Areas discussed in the Town of Dryden were the MA Zone north of the Village of Dryden and part of the Village of Dryden, part of the Village of Freeville, the Varna area and the MA Zone in the Abbott Road area. M Robertson said that the reality is that it will be a long shot to get the Empire Zone, but that the criteria for choosing them may change and so it was worthwhile to apply. Cl Grantham said that if an Empire Zone was approved, the actual areas could be amended. RESOLUTION #175 - RESOLUTION SUPPORTING AND CONCURRING WITH TOMPKINS COUNTY AREA DEVELOPMENT'S APPLICATION FOR DESIGNATION OF CERTAIN AREAS WITHIN TOMPKINS COUNTY AS AN EMPIRE ZONE Cl Grantham offered the following resolution and asked for its adoption: WHEREAS, Section 961 of Article 18 -B of NYS General Municipal Law authorizes application by Tompkins County Area Development for designation of Tompkins County as an Empire Zone within the meaning of said statute, and 0 Page 6 or 21 TB 084)74)2 WHEREAS, such designation could greatly benefit Tompkins County in that new businesses would be encouraged to locate in the zone area, and existing businesses would be encouraged to expand in the zone area and such new and expanded businesses would generate new employment opportunities for Tompkins County residents; and WHEREAS, Tompkins County intends to authorize submission of an application for designation of areas within Tompkins County as an Empire Zone, and WHEREAS, Tompkins County Area. Development, in consultation with the Town of Dryden wishes to designate certain areas within the Town of Dryden as part of the proposed Empire Zone, and WHEREAS, the Town of Dryden is desirous of working with Tompkins County Area Development through the Empire Zones Program to provide enhanced employment opportunities for its residents, now therefore BE IT RESOLVED, by the Town Board of the Town of Dryden, that it fully supports and concurs in the Tompkins County Area Development actions to authorize and submit an application for an Empire Zone designation within the Town of Dryden and other areas of Tompkins County. 211d CI Stelick Roll Call Vote Cl Hatfield Yes Cl Stelick Yes Supv Varvayanis Yes Cl Michaels Yes Cl Grantham Yes The County's Charter Review Committee has reviewed the process for replacing a county board member who leaves prior to the expiration of their term. Currently the replacement is chosen by the municipality(s) represented and the recommendation of the committee is that the people residing in the district should vote in a special election. There will be a referendum on the ballot this November about making this change. With respect to the Public Safety Communications System, the responses to the request for proposals are due back August: 19. The County has been encouraged that: the State will partner with them on this project. M Robertson said that the State does not want to get into battles with communities about additional towers and would want to use the towers the County uses. M Robertson explained that there has been a project in the works for a while to move the NYS DOT facility on Third Street to another location. Senator Seward has secured $3,000,000 toward the project and the NYS DOT has secured $700,000 and might be able to find more money. A site has been identified on Ellis Drive, north of the Village of Dryden. - The site previously identified on Hanshaw Road has been abandoned. The County Board last night established a capital project and the next step for them is to establish a capital account for the project and begin negotiations for an option on the land. M Robertson has prepared a proposed resolution for the Town Board to adopt: in support of the project. Cl Michaels asked what had happened to the Hanshaw Road site and M Robertson said ® that it was more expensive, needed a zoning variance, and the Ellis Drive site has advantages that the Hanshaw Road doesn't have. Cl Hatfield said that M Robertson had stated that Page 7 of 21 TB U8 -07 -02 "everybody was on board" and this was a done deal, but this week was the first that members of the Town Board had heard about it. Supv Varvayanis said it had been discussed for the • past two years and Cl Hatfield said other board members hadn't heard anything in a long time. Cl Stelick said he had spoken recently uAth Cl Grantham and with Barbara Blanchard and other than a passing conversation with Mike Lane at a school event, he was not aware of this as being the prime spot. He received three phone calls that seemed to pressing this and he was not aware of it. M Robertson said they didn't know about the money until June and weren't sure what was going to happen until then. M Robertson said that Alike Lane was the only one who had been pushing the Hanshaxv Road site and she is very happy with .Ellis Drive. Supv Varvayanis said those were the two sites that had been talked about for the past two years. Supv Varvayanis said unless there is a sewer agreement, which seems unlikely, there is no way to get sewer to the Hanshaw Road site and the DOT won't go there without sewer. Cl Stelick said that it's obvious things have been going in the background even though there was not money because a site has been selected, and the reason Mike Lane didn't want it on Ellis Drive is because he's a Village of Dryden. resident and is concerned about the location. CI Stelick said he grew up down the road from the Ellis Drive site and has some real concerns that he needs to have addressed. He's looking for .something in writing before he's on board with it. M Robertson said the resolution does not commit the town to that particular site, and there are at least three other possibilities in MA zones along Route 13. They are zoned appropriately and Hanshaw Road is not. She said that whenever she has heard Mike Lane talk in favor of the Hanshaw Road site it has to do with getting water and sewer facilities to the trailer park. She has told him that the Town and Matt Shulman are working on a grant for the trailer park, and she believes that if you have a problem, you fix it, you don't put a transportation facility near it so that you can try to fix the trailer park problem. She said you'd be carving up green space there and it is not zoned appropriately. Two of the principles ID adopted in the Vital Communities Initiative would be contradicted by siting it on Hanshaw Road. Siting it on Ellis Drive would encourage business activity in the Village and preserves the green space on Hanshaw Road, Supv Varvayanis said that Gordon Reimels of NYSOOT stated two years ago that he preferred the Ellis .Drive site. He also said unless there is a sewer agreement, and it appears there won't be, the facility can't go on Hanshaw Road. The money from the State is not sufficient: to put it there. Cl Michaels asked what the other locations looked al: were. M Robertson said the other locations hadn't actually been visited and the acreage wasn't checked. Those sites were Hanshaw Road south of Route 13 and west of Hanshaw, and Lower Creek Road and Route 13 (which may have been too small) and another that may have been too small. Supv Varvayanis said that he was not sure why the DOT wanted so much land. M Robertson said there may be sites in the vicinity of NYSEG. Supv Vwvayanis said he has been talking with Reba Taylor, Mayor of the Village of Dryden, and Barbara Blanchard (County Rep). He talked with Pat Archambault (Dryden School Superintendent) in March and she didn't have any concerns at that time and has never gotten back to him with any. M Robertson said the County is aware that the school has some questions and there will be a meeting. The County wants to involve everyone to help make the best decision. They are not going to do anything that is going to hurt the school traffic patterns or hurts neighbors. They needed to set up a capital account so they could bring the money in so they could hire a consultant and get: a budget on this. The City has been working with a non -profit group callers Pagc 8 of 21 TB 08 -07.02 the National Development Council. They work on projects such as this and are currently is working on the Cayuga Green project. They will do some of the work on this project under their contract with the City and according to them they have the time now so they can get going without any expense. M Robertson said that she fixmly believes in a group process approach and would like to see all concerns worked out. The current resolution doesn't lock us into anything specific and there are exit clauses, but the County needs a place to start, Cl Grantham asked what the function of the resolution in front of the Town Board now is. Supv Varvayanis said he thinks the County wants to feel confident that the Town supports finding a site in Dryden and M Robertson agreed. M Robertson stated the Village is behind this although they have not yet adopted a formal resolution. Atty Perkins pointed out that if the facility is put in an MA Zone the potential is removed for other commercial or industrial development in exchange for a facility that is going to do nothing for the tax base. C1 Grantham said that site north of the Village is better than the other sites because there is no commercial development there because there is no water and sewer there and Supv Varvayanis said he was hoping this was something that encourage other development after the water and sewer was installed. Atty Perkins suggested that the Town Hall be placed on Ellis Drive and the DOT facility be located next to the Town Highway Department. It would be in keeping with the surrounding uses (Highway Department, School Bus Garage, Empire Livestock). M Robertson and the Board agreed that may be a workable solution. ® Cl Michaels asked what the rush was to select this site. He has heard that the school district is concerned and is shocked by a process that seems relatively far along in selecting the site on Ellis Drive, and asked what the process was for selecting the site. Cl Grantham said that the Board a few years ago suggested some sites and other than that the Town had had no input. Cl Hatfield said that he was upset that it was assumed that the Town Board was all on board with the idea when in fact they were not well informed. Cl Stelick said he would have liked to see why the Hanshaw Road site went: from a possibility to the Ellis Drive site being the primary site. He would like to understand the process. He understood from Barbara Blanchard that the Town had been active and now Cl Grantham has said that: the Town didn't have much say in it. He would like to know how and why the site(s) were selected. Cl Stelick would like to know wiry the Hanshaw Road site was abandoned. He said that Senator Seward must have had a plan before asking for the money and must have known where it was going to be sited. Supv Varvayanis said they asked for money. They were trying to get Hanshaw Road and this was how much they came up with. Cl Stelick said that was in June that the money became available, and now all of sudden Hanshaw Road is no longer available. Cl Grantham said there were objections all along to Hanshaw Road and some people thought it was okay, but one of the big problems is that in the current sewer contract we can't take sewer out there. Another reason is that it is in a low density residential zone. M Robertson - Ifyou want to talk about how sites are selected, I'll tell you, I think the selection 0 of Hanshaw Road was the most questionable idea I've ever heard of. So I don't think— Page 9 of 21 TB 08 -07 -02 -I think the advantages of Hanshaw Road are so remote, it is the least likely idea unless you have other agendas, which I don't really want to make accusations at this point, but I think ... • Cl Grantham - The trailer parks. Cl Hatfield - That's your personal opinion. M Robertson - Yeah, and I think that the process of selecting it was also very under the table. And the residents in that neighborhood found out about it so far down the line, you know later and were not involved in the early phases... Cl Michaels - I'm asking a very specific question which is, how is the site going to be selected? The final site, assuming the money is there. M Robertson - Barbara Blanchard has been - she thinks Ellis Drive is the site. I'm much happier to say yes, I'll sit down with you and figure out what's the best site. Is it, does Ellis Drive have an advantage in bringing commercial development that makes it with a disadvantage to the school district? This location, and it's the first time I've heard about it, sounds pretty good to me, but I'd be happy.... Supv Varvayanis - I assume the Town would be the lead agency in SEQR so I mean it would be a Town decision, correct? M Robertson - dell, 1 don't think so. It's a county project. B Hollenbeck - The county attorney has already been directed to pursue and secure an option on that piece of property, according to the resolution that the County passed. Atty Perkins - Why is it a County project? Supv Varvayanis - But to go up a level in government; you're going to have to claim that the environmental effects are not local, but regional. Do you want to start out by saying this is going to have regional negative impacts? M Robertson - I'm not. that familiar, I don't know.... Supv Varvayanis - I assume you would want to say it's only local impacts... Cl Michaels - I can't advocate... M Robertson - The fact that it's going to serve replacing a County facility and it's going to serve Cortland County as well, it doesn't.... Cl Hatfield & Cl Stelick - It's a state facility. M Robertson - Right, but it serves the whole County. Salt: trucks serve the whole county. The fact that the, and this facility will serve Cortland, that's why they want to do it out in this direction. It wouldn't make sense for it to be a'Cocvn project. Cl Grantham - Well one of the things that never happened when this was discussed before was there was never any open meeting cohere we had the Town Board, the Village Board, the School disstnet and the County and the DOT and Seward if he wishes to be here, or staff: We never had any kind of a meeting like that. M Robertson - I agree. Page 10 of 21 TB 084)7 -02 ® Cl Grantham - We had different lists of the criteria. The area changed. The size of the parcel that they needed changed as I understand it. So it's always been okay, we %vant to have it here and then they come talk about. Not we want to move it and we'd like it to be in the Town of Dryden for these reasons, and here's the kind of site we're looking for, let's talk about it. And I think that we should do that. I think it shouldn't be phone calls to this one and phone calls to that one, and make decisions by phone calls and all these individual board decisions because I think that the conversations that I've had with the Village have only been with Mike Hattery. He's all for it, and he also said that he went and talked to some of the residents immediately adjacent and they didn't have any problems with it. That sounds good to me, but we ought to be talking to the Village Board. B Hollenbeck - I got a phone call from a school board member yesterday or this morning, who is concerned about it and I was surprised they weren't here. Supv Varvayanis Well, I just talked to Pat about it, as I said I don't remember exactly, about March, so if she hasn't talked to her board about it... Cl Hatfield - This bothers me, Mark. You and Deb, you say you talked to them people. Why haven't you kept the board up to speed about what's been going on? Cl Grantham We did. This was last year. Cl Hatfield - You said March of this year you talked to them about it. We haven't heard you say a word about it, any of these people. I mean, it ,seems like you'd report about some of these things you're discussing with other people so we'd be on board with it. Supv Varvayanis - I thought you were on board. We talked about this site two years ago. You had no objection to it then. Cl Hatfield - These two fellas weren't on two years ago. Cl Stelick -And let me respond back to Martha as far as any hidden agenda. Martha, I have no hidden agenda. M Robertson - I'm not saying you do... Cl Stelick - I've got to have this on the record. There is no hidden agenda. I just feel that for some reason, I don't know why, I mean you talk about people not being notified down there. I know of a person who lives right down the road from this current site and I talked with both the Mayor plus Mike Hattery about this. Not everybody knows over there, and I'll tell you the reason why is because they're concerned just like when the cement plant was talked about being over there. They are concerned about mobs, about this mob coming in and questioning the siting of that facility. There is no hidden agenda. I want to know why, and I'm not saying it's not the best site, but in my personal opinion, you're asking me to vote on something or decide on something, I don't know if it's the best site. There's probably a good chance that it is. But I'm not aware of Hanshaw Road and when you talk about politics, and somebody without naming a name, gold me that there was blood on the ground because of that site, that bothers me. Why all of a sudden there was a problem with that site, and now we've got this site and I wasn't made aware of it. It really bothers me. And I talked to Deb about this. I'm not saying it's not a good site and I don't want it there, but I want to know. I'm somebody that needs information and right now there is no information, there's very little information and I'm not saying it's intentional, but it feels to me as though it's gone through the back door. When Barb ® Blanchard called me and said we don't want to offend Jim Seward on this, I feel that that is not a good way to be involved in something like this. That means that I didn't know a lot about Page 11 of 21 TB 08 =07=02 this and know we've come to this point. Obviously there's 3.7 million dollars out there. You've approved it. Wha.t's going to happen if we don't? 0 M Robertson - I'm hopeful we can approve, change the wording and fund something that.... Supv Varvayanis - Do you remember last month when we met with Tom Hatfield, uve talked about maybe if we used this site we could use it as leverage for getting an Empire Zone? Cl Stelick - Right, but it's just these glancing things. There's never been something showing we've got eight sites, or three sites.... M Robertson - Steve, you're absolutely right. I have asked about that. Cl Stelick - And what's the answer? M Robertson - Barb Blanchard's been making these phone calls and I eventually asked her can we have a meeting and all sit down about this? Supv Varvayanis - Okay, so that can be part of this resolution, that we like to request a meeting, that we think this is an important thing, that we want to see action, we want to see it move forward. Let's get all the parties in a room and move it. Cl Grantham - Does everyone have the resolution that they propose we pass? So Mahlon suggested some wording changes. M Robertson -1 offered to draft something that you can start with. Cl Grantham - So in the second whereas, Mahlon is suggesting that we say staff from Tompkins County and TCAD have agreed to meet with municipal leaders from the Town and Village of Dryden to identify locations. Strike the third Whereas. Go to the fifth Whereas. Whereas it will be the Country's responsibility to effect the development of a site and facility to meet DOT and the host community's requirements. I think that's a good phrase because it's not just: Town, it's the whole community. The next whereas, the County has made a. budget adjustment for 2002 to secure consulting and design services and possibly secure an option on an acceptable site to the host community. Got that? And the resolved, that the Town of Dryden agrees to participate in the selection of a preferred location, etc. And then the rest is the same. Supv Vaivayanis - I think very clearly what's coming out of this meeting, and we don't have it in here, this is something I wanted three years ago, too, getting all the players in a room together with community members. Isn't that what we want to ask for? Cl Grantham - Yeah, and I think the second whereas we should say Dryden Central School District and New York State DOT. C1 Hatfield - You want to add that in the second paragraph? Cl Grantham - Yeah, the second whereas. We could say staff from Tompkins County, TCAD and New York State DOT have agreed to meet with municipal leaders from the Town and Village of Dryden and with the Dryden Central School District. M Robertson - Mold on. I don't know that the DOT has agreed to anything, to meet with us. I assume, but to say they've agreed to meet. Cl Grantham - We can say if they agree. But the point is... Pagc 12 of 21 TB 08417 -02 isM Robertson - This is assuming though.... C1 Grantham - Well Barbara was talking to me last week about a public meeting with all these players. M Robertson - Oh, she did, okay. Cl Grantham - I think it's perfectly reasonable to ask for a meeting with these groups. Cl Michaels - What is the County asking for? Supv Varvayanis - The County's a bunch of nervous people. Send them a letter saying yeah, we're serious, we're dying to see something happen. Cl Michaels - I'm not going to worry anymore about the County. My feeling on this is that we're asking for something very straight forward, a public hearing that has open discussion of possible sites. We've heard six so far, also anywhere else that they can come up with. And what I'm not interested in is a public meeting where were presented with the Ellis Road site and this is what's going to happen and this is what's going to be. I'm also not interested in a watered down resolution that somebody can say is ambiguous enough that it's actually supporting the County's resolution. And I guess I just don't know where we are on this. I have very little information. What I'm hearing Martha say is that Barbara, although she's now in her districting asking us, saying that she would support a public hearing, what we're actually hearing is that Barbara is pushing this site regardless. She thinks it's a done thing, fait accompli. And 1.... M Robertson - No, I really don't think she does. I•Ier style is she likes to move ahead and not thoroughly collect everybody along with her. Cl Grantham -Then let's just do a resolution saying.... I think the point of a resolution is that it comes from the full board and there's a vote and it's not just a letter from Mark. And we ask for a meeting with all these players in it. Cl Michaels - Yes. Whereas we are considering a site in the Town of Dryden and we are asking for a public meeting to discuss possible sites. M Robertson - How about this? I think that something might be more proactive and useful if you could say something like a number of locations in the Town of Dryden have been raised that may meet the criteria and we all agree that ... I think the point is that we have to be. It needs to say that you all agree that there's a good chance that one of these sites can work. Cl Grantham - I guess what you're saying is that we say that we don't object to it being in the Town of Dryden somewhere. Well, I don't object to it being somewhere in the Town of Dryden. Cl Stelick - Do we actually have to put that somewhere in the resolution? I mean I'm looking at this resolution you approved last night, and you specifically said in there property north of the Village of Dryden. I don't know Martha, that looks like straight ahead right now. It's really disappointing... 40 M Robertson - I understand. I asked therm specifically if it's not this particular site that's okay, right? We can walk away from that site. Page 13 of 21 TB 08=07 -02 C1 Stelick - Then why don't we put in the resolution that we would Eke to meet with all the players involved discussing the possibility of placing the DOT facility in the Town of • Dryden. Period. Do we need to have all this rigmarole in here, Mahlon? Do we need to make it.... Supv Vaivayanis - That's the resolution we ah&cady passed. two years ago isn't it? Atiy Perkins - As I recall, 1 think the board was on record as favoring the location of the facility in the Town of Dryden. Cl Grantham - Yeah. Cl Stelick - Okay. Cl Grantham - We said the Town of Dryden is okay, or a mutually acceptable site. Supv Varvayanis - Do you want just to get a. copy of ghat? Cl Stelick - So do we need a further resolution. M Robertson - The thing is, do you want to take I-ianshaw Road off of that? If you think Hanshaw is not acceptable.... Cl Michaels - This is the crux of the point, is that I have no idea whether or not Hanshaw Road is an acceptable site, or not. Nor do I have any idea whether or not Ellis Drive is an acceptable site or not. What I would support is a resolution that simply says we support the idea of meeting with the County to select a site. I think if we are looking at modifying this resolution I would strike the second paragraph, I would strike the fifth paragraph, the sixth paragraph, and rewrite the resolved section. Basically it's cutting the whole thing out. I would add a whereas clause that says Whereas there are several sites that would be acceptable in the Town of Dryden and modify the resolved part. I can give you the exact language. Cl Grantham - Well I don't think we can say just a meeting with the Town and the County, I think we have to list out... Cl Michaels - Great. I'm all for a long list and... B Hollenbeck - Do you have to do this tonight? M Robertson - If we can, I'd like... Cl Hatfield - If you want to scrap the whole thing and draw our own up, I think that would be the best idea. It'd come from us, not the County. M Robertson - Chris, you said keep the first paragraph, right? Keep the fourth paragraph. Cl Michaels -Add one right underneath it: Whereas, there are several sites that would be acceptable in the Town of Dryden. And then just Resolved that the Town of Dryden supports meeting with and just put right now the interested parties then well go back and name them, to select a location for the NYS DOT maintenance facility. Fai•? At:ty Perkins - Editorial comment. In that language about several sites in the Town of Dryden, why don't you put may be acceptable. 9 Padc 14 of 21 TB 08=07-02 Supv Varvayanis - I was going to make a comment about that too, calling all of them ® acceptable right off the bat, then... Cl Michaels - You're right. Cl Grantham - So the interested parties are Town and Village of Dryden, Dryden Central School District, the County, and the DOT. Supv Varvayanis - And it should be an open public meeting. Lisa Stelick -That was my question. We lived on Lewis Street when the cement plant was being talked about on Ellis Drive. We got a letter because we were a resident. No one has gotten a letter. We saw old acquaintances on Lewis Street and no one knows anything about this. M Robertson - Alright, I'm going to suggest. What if among these groups we work on what we think is preferred and then have the public here when we have a site. Cl Stelick - That would be fine, but who decides what was preferred in the first place? Cl Grantham - Well, that's one of the DOT have, and for sure what: are the have certain criteria apparently, such as be close to 13. So they want to turn off c at one time some acreage and then I thin know what the other criteria are. I think the things we have to ask is what are the criteria that criteria. Because they've changed at times. The DOT they don't want to be on Route 13, but they want to nto some road that goes very directly to 13. They said k it went up, but I don't know why it went up. I don't we need to look at their criteria.... 0 Supv Varvayanis - That's what I mean. Last time I talked to Gordon Reimels. He's not even there any more. I don't know who the decision maker is at this point. Cl Grantham -So I think that's part of the question, Steve, is what criteria is the DOT using and where would we think it would be acceptable, and I think we have to look at our own zoning and benefits to the Town. M Robertson ............for example, isn't for sale, or doesnt.......... Cl Stelick - And I have no problem with us making that decision, but up to this point, Martha, it really is discouraging that it's gotten to the point where the money has been approved, the site had been selected according to your own resolution, and this Board has only had peripheral information. But I lived 25 years on Lewis Street, and again, I'm somebody that loves information and other than little glancing blows on stuff, I'm not that familiar with this. And I'm not saying again, back to the site, I'd love to see which is the best site, and if that is, there's a lot of advantages to that. But, like I told Barb, there's also some concerns that she was not able to answer. 1'hose things really concern me. Boom. We've gone ahead with 3.7 million dollars, which is a sizeable chunk of change, and .... M Robertson - You say you asked Barb... Supv Varvayanis - I was going to ask what those concerns are. Cl Stelick - Traffic, just coming off of Ellis Drive there without a light and those salt trucks, taking a right, going down into the Village of Dryden. Trying to take a. right at those four comers since they put that sidewalk in, you can't make a right on red there. I just sat ® there today because I wanted to feel what it was like coming from Ithaca going toward my house. I sat eight minutes in line past the Dryden Hotel waiting to take a left on Route 13 at Page 15 of 21 TB 08 -07=02 4:00. So now we're talking trucks between 8:30 and 5:00 are going to be on Route 13 because that's their job. Somebody tried to tell me that there's not going to be a lot of salt trucks, then what are we doing? They're closing the 281 facility, consolidating in Dryden, so there's a lot of 40 questions that I could not get adequately answered in a short period of time. Yet I was being asked to s*i on to this. M Robertson - Alright, let me tell. You may think that I I....... position of the County...... Cl Stelick - But you signed on for this thing. You said you approved it. M Robertson - I have been working to get this done and off of Hanshaw Road, so in my mind, moving it off of Hanshaw Road, I got a verbal agreement that there's going to be discussions and negotiations and trying to make everybody happy. I'm very comfortable and prefer an open site selection process. So everybody knows what we did and everybody knows ..... I agree with you absolutely. And I feel awkward to be in a position of defending a process I didn't have a part in. So on a personal level I want you to know. That was all along my idea, to get DOT's criteria... Cl Hatfield - But your name was on this thing today... Cl Stelick - You said it was almost unanimous. There was only one person that voted against that. Cl Hatfield And that wasn't you. Cl Stelick - And that was Mike, right? O M Robertson - Against the County C3oard resolution last night? And... Cl Stelick - But you just admitted to me what I wanted to hear. That you were instrumental in getting it moved from Hanshaw Road. You just said that. And that's fine, and that's what I wanted to hear though, because I needed to know why. Now I have an idea why. But 1 needed to know that because again - - because basically, the vision hasn't been there; it's been peripheral, and now I know a portion why and... M Robertson - If you'll just bear with me another 30 seconds, I have some more history you may not care about. But long before I thought about running for the board, when it first came to the public's attention, Jim Schug had drawings........ it was all stamped. Talk about .... And the residents there as well as people on the whole western side of Dryden were very worried that to expand water and sewer in that neighborhood was going to ....... Because in fact there are not a lot of homes and to create a very large water and sewer district that came all the way down by bower Creek. And so many residents were really worried that this was just going to be one.....and that north south connector, was even more a way to, you know, we've got these businesses up here on this section of Route 13 and now we need a foUT lane highway down to Slaterville Road. Now, maybe that sounds like people being paranoid. On the other hand, we've seen that kind of stuff happen. And when it first got started Tompkins and Cortland Counties were talking about a jail and they were talking about the E911 center possibly going up there. So were seeing all sorts of negative construction happening on a green field. That's what the plan was and it slowly got pared away and it's just: a DOT facility. But even just a DOT facility doesn't belong there. Supv Varvayanis - I don't want to take credit: away from you, but you know you're taking credit for stopping, I mean the point is the money isn't there to put it on Hanshaw Road. The sewer agreement isn't there. One of the things I said 1 wanted two years ago was a soil Page 16 of 21 Ts 084)7 -02 boring because where they were talking about putting it was a swamp. Well they arranged to ® hire a truck to come out and do soil borings. The truck couldn't get to where they wanted to ® put the facility. It sank in the mud. That site's dead. Cl Stelick - And I'm not disagreeing with you. But the point is that where we're getting back to where we should be and that's where. Somebody should be... Supv Varvayanis - Let's have a public meeting... Cl Stelick - making a decision,... Supv Varvayanis - Martha even agrees. Let's have a public meeting. Cl Stelick - So let's do it. M Robertson - And I didn't by any stretch mean to take the credit for stopping it. The fact that you got elected was why that facility is not right there now... Supv Varvayanis - No. There is no sex%Ter agreement. I mean that was the thing. It's always depended on seiner. You tell them, you're neutral. How likely is it to get one? Cl Stelick - I'm not going to disagree with you. M Robertson - We've got the fourth whereas.... The Board further discussed the wording for the resolution and passed the following resolution: RESOLUTION #176 = SUPPORT NYSDOT RELOCATION Cl Michaels offered the following resolution and asked for its adoption: WHEREAS, Tompkins County Resolution No. 305 (dated December 19, 2000) established the County's interest in effecting the relocation of the New York State Department of Transportation ( NYSDOT) Maintenance Facility from its present location on the waterfront off Third Street Extension in the City of Ithaca, and WHEREAS, Senator James Seward has secured $3.0 million in the 2002 -2003 State Budget to support this project, supplemented by NYSDOT funds of approximately $700,000, with possible additional funding from the sale or lease of the existing property on Third Street, and WHEREAS, there are several sites that may be acceptable in the Town of Dryden, now therefore be it . RESOLVED, that the Town of Dryden supports meeting with the interested parties (the Village and Town of Dryden, the Village of Freeville, the County of Tompkins, the Dryden Central School District, and the New York State Department of Transportation) in an open public meeting forum, to select a location for the NYSDOT maintenance facility. 2nd Cl Grantham Roll Call Vote Cl Hatfield Yes Cl Stelick Yes Page 17 of 21 TB 084)7 -02 Supv Varvayanis Yes Cl Michaels Yes • Cl Grantham Yes With respect to the Red Mill Road bridge project, M Robertson reported that the County is trying to set up a meeting with the State Historic Preservation Office to discuss the project and John Lampman is planning to attend the Town Board meeting next month for an update. The Historic Preservation Office is now saying that the bridge should stay as it is and in its present location. There has been no consensus on a course of action by the County Public Works Committee. Terri Allen gave the board the monthly ambulance reports. Some were not available as they did not fax clearly from Multi -Med and she will provide the board with copies of those at a. later date. There were a. total of 84 calls in the month of July. A total of $18,229.34 was collected in July bring the year to date total to $110,057.77. Supv Varvayanis said he had heard rumors of three pretty active drivers quitting and there were 12 or more shifts uncovered and asked if there was a plan for that. T Allen replied that there had been some changes in the organizations and they are in the process of working it out. She doesn't know that: any drivers have quit though some have said they would like to take a little time away during the organization. There are no shifts left uncovered and if need be they will hire drivers. Zorika. Henderson asked what: progress had been made with respect: to the quarry. Atty Perkins said he had planned to talk about that next week and had not been able to get on their website. CI Grantham said they had taken it dourn, but she had copies she had printed off prior to that and copies were distributed to board members. Cl Michaels said there are sites where you can find old websites if necessary. Cl Michaels asked what. the status of hiring Darrell Harp was and Cl Grantham said he had sent a letter to the Town answering two questions that he said he could just do and didn't need to be paid for. The Supervisor's secretary said she sent that out, but Cl Grantham has not seen it. John Bailey is checking into insurance for Darrell Harp at the three million limit, so D Harp is not doing paid work for the To%%m yet. Cl Michaels said that his understanding when the matter was originally discussed %%ms that the residents in the community were in favor of working with Mr Harp and that Jack Bush was in favor of working with him. He said that about the only thing that caused him to vote in favor of working with Mr Harp was that he was under the impression that J Bush was on board with the idea. Cl Michaels spoke with J Bush this afternoon and it does not appear that he feels the need to work with D Harp. Cl Michaels says that now the only reason he had for hiring 1) Harp has evaporated and suggested that the board again look at the idea of hiring him or authorizing the resources to pay him. Z Henderson said that D Harp is the main New York State Highway expert., the primary person for the Cornell Local Roads Program., and is counsel to municipalities throughout the State. She said there is no one that can even compare to him. Supv Varvayanis asked J Bush to confirm that he did not: want to hire D Harp and he said that had stated before that he did not see the need for it. He has attended the course and knows what &Lr. Harp recommends. Cl Michaels stated that 17 Harp's materials have been widely distributed throughout the Town, but what a legal expert is going to say is not nearly as relevant as what Judge Mulvey is going to say. Cl Michaels is hopeful that we can get back to what the Town of Dryden wants for its roads and wants for the aesthetics of the Town and what it will take to get. there. His only hope was that D Harp could help the Town get to that, Page 18 of 21 TB 08 -07-02 but it does not seem that D Harp will be the facilitator of getting back to a constructive isdialogue so he does not see the sense in spending town resources. Z Henderson said that she had watched D Harp on Channel 7 and thought he was very knowledgeable and friendly and very much someone who could be a facilitator. Cl Michaels said the only reason he voted for this was because he thought the Highway Superintendent: was on board and it would be a good way to move forward, but he had misunderstood. Supv Varvayanis said as he understands it, J Bush thinks D Harp will come and give us good advice, but we already know what he's going to say so we don't need to spend the money, but if D Harp comes and gives us what the Highway Superintendent already thinks he's doing and that will convince the citizens that what we're doing is perfect, then Supv Varvayanis thinks it's money well spent. J Bush - The judge has already made his decision and has told us that we can do what we do. What more do the people need to know? Cl Michaels - I feel the need to know more, but I don't see this guy as helping get us there, especially at this price. I feel that more will be accomplished by... Frankly, if I want to know the answers to legal questions, it's probably quicker for me just to look it up than to ask for Darrel Harp's opinion on it. What I don't have the expertise for are some of the engineering and road design suggestions for traffic calming, or even some of the aesthetic issues that come up. In general I think we've heard a lot of opposition to wider roads, but we've also heard opposition to deep ditches which I also find disconcerting at a rnin;mum when I'm driving. In actuality Jack was explaining to me that by having wider ditches you can make them shallower, thereby safer and in a lot of ways more aesthetically pleasing. I didn't know that and that to me was education. It makes all the sense in the world once explained. I give that example as a very simplistic one to demonstrate where I feel that I would benefit personally. One of the things we've heard from citizens is wider and straighter isn't what they want. And we hear Jack saying I want it not necessarily wide and straight, but safe. If 1 understand Jack's position, his primary motivator is safety. If there's a way to accommodate both those interests, that's great. When you're talking about design or design considerations, the first thought that goes through my head is not hire an attorney. Z Henderson said that D Harp was always working with engineers in his position with DOT. Given the number of confrontational meetings, and it doesn't seem it will get better any time soon, having everybody being able to give input would be a good process. Cl Michaels said he agrees with that. Supv Varvayanis said he would like to use D Harp as a facilitator and asked C1 Michaels if he would rather spend a few thousand dollars on Harp or spend $10,000 when the lawsuit is appealed. Cl Michaels said if he thought Harp would help us get to the end of the court case he would be for it, but he is not hearing a situation where that is going to happen, but rather hears something that is heading toward another confrontational meeting. Supv Varvayanis said D Harp would not be involved in the litigation, but rather involved in developing a long term policy, which if the Highway Superintendent does not agree with, goes nowhere. He said we had to have the Highway Superintendent on board and the citizens on board, and assumes that if the policy was in place the court case would go away. Cl Michaels said he would like to find a way to move forward and get total town buy -in and he will support a large expense to get there, but does not see this as the way to accomplish that. Cl Michaels reiterated that he would like to revisit the issue. is J Bush pointers out that each resident has a different situation and it would be difficult to have a consistent policy that addresses each situation. He stated the best way to deal with Page 19 of 21 TB 0 &07-02 it is talk to the property owners and if you have their permission, he doesn't see why you need more than that. 'there are not 1,000 people in the room complaining. This should be done and over with and the Town should not be led by a handful of people. 40 Cl Michaels said that his personal opinion is that the Town has been reacting to complaints in the community and when you are in a mode of reaction as opposed to planning decisions become difficult because things get clouded by lot..% of loud voices. I-Ie would like to get to an area of planning. He would like to learn about traffic calming measures, what types of vegetation can be used for safety, what: kinds of things are a problem. Cl Michaels also stated that he does not advocate potholes as a traffic calming measures and thinks that proper road maintenance as a minimum is what: we should be looking at. Supv Varvayanis asked J Bush if we hired an engineer and paid him a chunk of money and tells us hoer to sloe traffic down with not speed bumps, but speed humps, and having the road swing back and forth, would he want to put any of that in. J Bush - We can't afford to do that because you're talking probably highway by use roads. If you're talking about a. brand new road that you're going to be approving, that's the time. But to think that we're going to go and change roads that already exist and put curves in them, I can't believe we can afford to do that. The money that we have is for just maintenance, not rebuilding roads. Supv V zuvayanis - So what good is hiring an engineer who's going to tell us how to slow roads down if Jack's not willing to do that either. Cl Michaels - I'm not saying that an engineer would help, but I'm saying that the information that I do not already have is of that nature. Cl Hatfield - For instance, on Mt Pleasant Road you scraped the shoulders on a maintenance program, and those people said he was widening it, just because you scrape the shoulders. They should be maintained all the while anyway. He didn't widen the road surface. He just did what he should do to maintain the edges. Those people took that as he'd widened it 8 or 9 foot. People don't understand how these things work and they get all bent out of shape. L Stelick said that she sees Darrell Harp as a protector for the Highway Superintendent and for the Town and a facilitator to these people that have questions. Supv Varvayanis said the people don't believe what he says, the Highway Superintendent says or the council people say and he's been told that they'd believe Darrell Harp. Cl Hatfield said that if D Harp doesn't tell them what they want to hear, they won't believe him either. J Bush said he would like to have a list of all the cases similar to ours that D Harp has solved, because he's heard rumors that he hasn't solved a thing and made things more confusing and things have not been able to be finished. Cl Michaels made a resolution that Darrel Harp not be hired, and Cl Hatfield seconded it. Cl Michaels said that expressed significant reservations on motion to hire him, that the only reason he voted for it was because he thought there was support for it where there was not and he feels an obligation to come back to it because he made an assumption that was incorrect. He stated he has no idea whether the resolution will pass and has not polled anybody to see if it would. He is bringing it up again because he voted previously with false assumptions. Cl St:elick said that before he voted he needed an alternative. He doesn't believe in litigation and were spending lots of money. He asked Atty Perkins where the litigation stands now. Atty Perkins explained that some of the plaintiffs represented to the Court that the Page 20 of 21 TB 08407 -02 Highway Department was preparing to and had enlarged Mt Pleasant Road. The plaintiffs' attorney brought a motion to renew his prior argument, his prior application for a preliminary injunction to include all of the roads that Judge Mulvey had said his relief would not extend to originally. His opinion is that the plaintiffs that made the application materially misrepresented the facts to the Court. The motion was heard before Judge Mulvey and we are stall awaiting a decision from him. The delay in the matter is not due to the litigants; it's due to the fact that we can't get a decision from the Judge. Atty Perkins said he would discuss it further in executive session. On motion of Cl Grantham, seconded by Cl Stclick, the board moved into executive session to discuss current litigation, and the employment history of a current individual at 10:55 p.m. The board came back into regular session at 11:1$ p.m. Cl Michaels said that his understanding is that the Town will not hire Darrell Harp for anything until a decision is received from the Court on the current litigation. Cl Stelick said that we couldn't hire him until the insurance issue was worked out. Cl Michaels withdrew his previous motion. Cl Grantham offered to find someone with engineering expertise to consult with on highway matters. Cl Grantham will ask George Frantz and Barbara Caldwell to update the Board on the progress of the master plan work next week. Cl Grantham said that she attended the Planning Board meeting last month and they seemed to think they were close to having a draft for the board. Cl Hatfield asked about the progress of the new town hall building. The proposal says 0 they will kick off with a meeting with the building committee and that has not happened. Egner did do a report on using the West Dryden Community Center for the Court operations. Cl Grantham explained that The Historical Society has been looking for people to use the building. They are getting a report from someone else as well about whether it would work for our Court. Egner's report about it indicates it would cost about: a million dollars to use the building. Cl Grantham will contact Pam Kingsbury about a meeting. Cl Hatfield asked who was paying for the report by Egner and Supv Varvayanis said the Historical Society is, that he had not indicated the Town was going to pay for it. The estimate for a new building to include all town office and the court was around 1.6 million dollars. On motion made, seconded and unanimously carried, the meeting was adjourned at 11:25 p.m. Respectfully submitted, Bambi L. Holleinbeck Town Clerk Page 21 of 21 _® Name - tPlease Print) Town cf Dryden Town Board Meeting August 7, 2002 Address 60a,l � I