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HomeMy WebLinkAbout2003-02-12TB 2 -12 -03 TOWN OF DRYDEN TOWN BOARD MEETING Febrttacry 12, 2003 Board Members Present: Supv Mark Varvayanis, Cl Stephen Stelick, Jr., Cl Christopher Michaels, Cl Grantham Absent: Cl Charles Hatfield Other Elected Officials: Bambi L. Hollenbeck, Town Clerk Jack Bush, Highway Superintendent Other Town Staff'. Mahlon R. Perkins, Toxvn Attorney I Henry Slater, Zoning Officer David Putnam (TO Millers), Town Engineer �}• t Supv Va.rvayanis opened the meeting at 8:45 p.m. after the board had toured the (A SA Dryden Fire Department. Board members and guests participated in the pledge of allegiance. CITIZENS PRIVILEGE None, COUNTY BRIEFING 1W Michael Lane reported that the first meeting of the Tax Policy Committee was held today. This was started by Tim Joseph in an effort to bring together Towns, County, Villages and Cities, and School Boards to see what can be done about the increasing problem of shifting State expenses through mandates onto the real property tax base and away from the general revenues of the state through income and sales taxes. He said in Tompkins County we are affected not only because tax rates are going up, but because a very strong real estate market is pressuring the values of real property upward. He said the recent reassessments are probably accurately .reflecting talus, but if someone feels they have not been properly assessed they should make arrangements to meet with the Assessment Department and have it reviewed. M Lane reported the economy in Tompkins County remains in flux. There has been an increase in sales tax which they believe is due to the number of new big box stores and other shopping opportunities. They are beginning to see that there are empire development zones surrounding Tompkins County where tax incentives, job credits and other State rates for businesses are superior to what is offered in Tompkins County. The 1DA is beginning to look at more extensive tax abatements in order to make some of the incentives more attractive for business looking to expand or relocate here. They believe other Counties are soliciting businesses from Tompkins County and some of the authorizing statutes may prohibit 1hat. The County is concerned about what is going to happen with the State budget. There is a resolution coming before the Association of Towns that is asking the State to stop putting so much pressure on local real estate taxes through Medicaid mandates, and asking them to either cap or take over Medicaid. He asked anyone present at the Association of Towns meeting to support that resolution. Pagelof12 TB 2 -12 -03 Martha Robertson distributed postcards that have been printed and ready to be mailed to state representatives asking them to cap the stage share of Medicaid. She said at the local level case loads are increasing. She said the Counties and school districts need to be considered in state deliberations. There is a local group called STORM - Southern Tier Organization for the Reform of Medicaid. Tim Joseph has been to a couple of their meetings. She said that citizens are realizing the shift from state income tax to property tax and there has already been a good deal of public outcry regarding this. The governor has about 90"/o of the actual power in determining what the budget is going to be. The legislature cannot add any items to the budget, they can only subtract. M Robertson said school district, towns and counties need to get together with the message that if the state is going to mandate services at whatever level, the state needs to accept the responsibility to pay for them. Senator Kuhl is going to be at Common Council Chambers on February 27 at 6:00 p.m. and she encouraged people to attend. M Robertson is chairing the Health and Human Services Committee this year. They will be analyzing what the governor's budget means for the Department of Social Services, Health Department and Mental Health, this year and what is projected for the future. They will be looking at programs and what the appropriate functions for county government are down the road. She is also serving on the space needs committee that is looking at facilities for County Departments and the Public Safety Committee. There was a miscommunication in news media suggesting that the County had stopped examining the question of a new jail, and M Robertson said that is not true. That function has been folded into the Public Safety Committee. They have started to work on analyzing what the needs are and the possible ways of meeting those needs. She said there is a definite need for renovations of the administrative side and they are hoping that they can keep the population in IS the jail down so that they do not have to build new cells. Supv Varvayan.is asked if they thought they would be able to keep the waivers from the state, and Steve Whicher said that the Commissioners have said as long as the County continues to keep moving ahead, they will probably keep the waivers. M Robertson said the population has remained relatively low, in the neighborhood of what they are certified for and they are hoping the longer they can maintain that level, the stronger their case will be that they don't need to build new cells. AMBULANCE REPORT Terri tlllen reported that in January Dryden Ambulance answered 116 calls for the month, the highest on record for the ambulance service to date. Call destinations now include the block number or area of the service. Total funds received in January were $24,315.19. T Allen presented the Supervisor with two checks, one for $30,000 representing a reimbursement of funds not used last year and one for the monthly payment. Dryden Ambulance will provide monthly payments by the second Wednesday of each month (these payments are collections for services rendered in 2002). COUNTY COMMUNICATIONS PROJECT UPDATE Mikel Shakarjian of Tompkins County Administration addressed the board regarding the County's communications project. They are moving forward with constructing a new 911 center. The building will be located on Brown Road in the Village of Lansing and will serve as a county -wide communications hub for dispatching and for a communications system. The building will be completed by the end of this year and they hope to make it operational for communications at the same time. The present communications system will Have to be upgraded. They will need an interim microwave link. This will take communication generated in the 911 center and allow it to enter into the existing communications network. They have investigated different ways to make this happen and have decided to move forward with an Page 2 of 12 M 2 -1z4)3 interim iicrowave link that will leave the Brown Road site and hit Mt Pleasant. The Mt Pleasant site has become critical in terms of propagation and county -wide needs for communications and will remain a viable site in the fijllure_ WHCU currently has a 350'tall tower on Mt Pleas;m t and a short distance from it, the County has a tourer about 140' tall, The County structure is old and they are m the process of evaluating whether that structure can hold another transmitter on it, The new system will require a microwave dish about tour feet wide and they don't; expect the current tower will be able to handle it, sea they are looking at putting up a new tower in that location, The County understands the Town has a rower ordinance and is working on its comprehensive plan. hakariian said that although the County is not subject to municipal juri iicri.nns they would like to move the tower process as if they are going through. the town's process and will go through all the motions with the exception of the issuance of the special perrrir._ She said ahe is nor sure how controversial a. new tower on Mt Pleasant is for the Town, but she mould like to o(fer a mechanism to allow them to move through a process where the County can put up the facility it needs for public safety and at the same time give due regard to the Town's ordinance. She is lould ng for a working group and would like someone Crum the 'Town to join that group. Cl Michaels asked if they were propos removing the old tower and putting one in it g °s place. 141 Shakaijlan said they have been told by a number of consultants that. the equipment on the present tower may not work after it has been takers apart_ She said the in is �h,at if a new tower goes up, it �xri11 sit side by side with the other Mower while the trans -r is made because they cannot be without service, The height of the near lower has not yet been definitively determined_ Cl Michaels asked about co- location on the WHCU Mower, There is commercial co- location on that tower presently. The County has contacted them about cow locating there and the Microwave dish would cause a tat of interference for them_ Cl Michaels said he would serve and would like. Natan Huff ann to also be a part of the warki.ng group. He expects that N Huffmartn will be bringing a propusw to the Town to put up some repeaters throughout the Town for some of the Town `s emergency service needs_ Cl Michaels asked M Shakarji an about the frequency the County is asking for and the recent approval of an extension of use on that. frequency received by Eric County. M hakarjian said they did receive an extension of their FCC license mdtbin the 800 megahertz band. Thi% is a similar set of frequencies and it is nearly unheard of to get an extension like that- They are working toward the same end Tompkins Cuunl�y is. The County is focusing on getting the new building functional and after this year the Colanty Board will have to make a decision on where they are going to go next. They are hopeful that the Mate will be moving forward with their systen, and the County has Tuned itself up so that if the Mate does come up moil], the money and move forward the County wily be ready. The State is aware of what. TampldnN County is doing. When the t,�ilie has determined what technology they are going to use, the County Baarrl will have more intbrmation to make a decision regarding its next step. Harlan Pudney from Dryden, Central Scho ols'fransportation Office asked if the school would be able to co- locate on the County's tower_ The school is using the 460 frequency bared and 141 Shak arjiaia said they void have good overage from the site, II Pudney said they rid been told Mt P1ensamt was the best place for a tower site for them, and the school would be interested in co- locating on that Mower. S WhiCher explained that there are two stages to the project, one is to improve the current 15ystem and the second is movi Ing to the $00 megahertz system_ G4 +hicher said the County is doing thus pretty informally and want, to be clear that they are following the same informal process that they have in place in the Village of Lansing. Atty Perkius said the Tolam's Loea1 Law regulates the siting of telecommunications towers and Page IoF12 T6 2w 1 2=03 contain% au exception regarding towers which arc used exrlu.Nively for dispatch for fire, police, etc. If the tnuwer is used for anything other than that_ if the County rents out space on it, then they will fall within the coverage of the local law. The County does have an interest in seeing that the Concerns expressed in the tocal law are addressed. S Wbicher said the tower is going to exist because of public safety issues and if they can reduce the overall cost by cu- locating private sector interests on the tower, that is to everyone's advantage Enancially and if the Town enibrees its. local law, that will drive up the cost to the taxpayers of Tompkins County. He saM they would design the tower to accommodate the needs of schools and local governments. Att Perkins said the key is °`dispatch" and renting space to cellular service providers was not dispatch. 9 Whicher said it is possible thzl: they will rent space to other service providers and the idea was to reduce cost acid reduce the proliferation of towers in Tompkins County. Three major goals of the overall program is to reduce the total number of towers, to improve the system . and to minimlze cost%_ o- location is an integral pait of reducing costs and reducing towers, He asked the Town Board to carefully look at whether they wanted to push the issue because it would cause probherus_ l N ichaels said they had talked about an informal process, and this was not something that the board could informally decide not to enforce. It is not the Town that can enforce the law and a private citizen could sue the County saying that had not properly foliowad the Town ordinance S Whicher asked if they built the tower and then after someone, applied for cramlocation would them be a problem, ditty Perkins %aid typically the Town has encouraged that, and the applicant would have to appear before the Board with an application. upv Vatvayani% said that following the local law should not be complicated. S Whicher said the tact they would take is that they would build a publie safely tower and at some point in the future if someone wanted to ca- locate they could then apply. ZQ SlateT said a good co-location application wuulri take 60 to 90 days_ 4D The tower will be located very near the old tower, which will eventually be torn down. The ma um height of the new lower will be 180'. It will be a. free - standing, lattice -work stsurt re. Barbara Blanchard and Ed Marx poke to the board regurding the relocation of the NY DOT facility. B Blanchard said they had been looked at the site behind the Tou*n Highway Barn as a possible site They did a site comparison, a meeting was held at the Village 14411 where opposition to the site was expressed, and there were other drawbacks to thU te, They have detennined that the site north of the Village on 61 Us/ Enterprise Drive is most appropriai;e_ The next step is to move fnrwaid )nth getting water to the site. Ed Marx said they are a little concerned about the state budget and the Funding for the project, They feel it is important to move forward With the project on Ellis Drive, and they are proceedirtg to try to secure the property. I'hey have met with the property owner and begun diseu%sions on securing a site for developing the facility. The need to have access to infrastructure_ Sewer is available, but water is not yet, The Village has indicated a willingness to bring water to the site if the site is annexed to the Village_ The property O%Mer has agreed that he will petition the Town and Village for annexation of his property. Al draft of the petition was distributed to bc)ard members_ The property i% about 21 acres extending from ]route 38 across to Dryden Mutual, Becsuse the property is under one ownership and there are no residents on the property, it would simplify any annexation proceedings_ According to the County Attorney there is no vote required. The petition would come to both the Town and the Village and the Town and the Village would have to set a public Rearing uriOrlin 20 days and then occur within 0 -49 clays after the date it was set, The County would Like the Town to consider whatever action is possible to expedite the process in the interest of moving the Pugc 4 of 12 Whicher announced that the Deputy County Administrator is leaving, and he has asked Ed Marx to take on additional responsibilities as deputy County A ministrator. Barbara Blanchard and Ed Marx poke to the board regurding the relocation of the NY DOT facility. B Blanchard said they had been looked at the site behind the Tou*n Highway Barn as a possible site They did a site comparison, a meeting was held at the Village 14411 where opposition to the site was expressed, and there were other drawbacks to thU te, They have detennined that the site north of the Village on 61 Us/ Enterprise Drive is most appropriai;e_ The next step is to move fnrwaid )nth getting water to the site. Ed Marx said they are a little concerned about the state budget and the Funding for the project, They feel it is important to move forward With the project on Ellis Drive, and they are proceedirtg to try to secure the property. I'hey have met with the property owner and begun diseu%sions on securing a site for developing the facility. The need to have access to infrastructure_ Sewer is available, but water is not yet, The Village has indicated a willingness to bring water to the site if the site is annexed to the Village_ The property O%Mer has agreed that he will petition the Town and Village for annexation of his property. Al draft of the petition was distributed to bc)ard members_ The property i% about 21 acres extending from ]route 38 across to Dryden Mutual, Becsuse the property is under one ownership and there are no residents on the property, it would simplify any annexation proceedings_ According to the County Attorney there is no vote required. The petition would come to both the Town and the Village and the Town and the Village would have to set a public Rearing uriOrlin 20 days and then occur within 0 -49 clays after the date it was set, The County would Like the Town to consider whatever action is possible to expedite the process in the interest of moving the Pugc 4 of 12 TB 2 -12 -03 }project forward and keeping the funding that is currently set aside for the project:_ 1'he State says there needs to be evidence of progrress_ The County is requesting that the Board autk�orize the Supervisor upon receipt the petition (which they anticipate happening Wiihi.n the next 30 days) , to work with the Village to set the hearing_ They will be risking the Village to do the same thing next week, ft. is anticipated that the DOT U require 10-12 acres, north of Route 38, and there %vi11 be a parcel left ( -3 acres) on route 38. They will be meeting uith DM' staff next week along with a consulting architect to rnort� precisely deter . ne the amount of land requ ire d_ Supv Varvayanis said he would like to see the facility as far north as possible. The property owner is negotiating to sell a parcel of property to Dryden Mutual. C1 Grantham said that when the hearing is held the public will grant to know %6ti'hat is going to be happening on the parcel. Ed Marx said he undemilovd the issue for annexation is the overall public benefit, and whether it is iznprnved or increased by the annexation_ Supv Varvayanis said people will want to know what the DOT is going* to do and Ed Marx said that by that time they will probably have a sketch plan, but DOT is not the peti tioner, the property owner is- Cl Michaels asked when they expected to have a plan and know how much space will be needed and Ed Marx said they will be meeting with DOT next Tuesday, but he was not sure how much would be resolved at that. meeting. They are trying to move forward aggressively, Supv Varvayanis said there will be two mare Town Board meetings within the next 2 8 days. Cl Grantl am said it was one thing if the landowner comes and says he wants to he annexed because he wants water and sewer to develop his land, but it another 1hing when it is 14wown that there is a parlacular project planned and there is n plan for it for the hearing. Ed Marx said it was doubtful there would be much of a project, plan (other than a sketch plan) ih time for the hearing, The County will not gut money into it unless the pn}perty is annexed and access to water is assured, they wan 't have authority to spend money to develop detailed plans. B Blanchard said she understand the Uoz} ird is feeling pressured, but they are too. She has received a call from Senator Seward's office and they are concerned about the availability of the funds unless there is some progress. She said i mua the governor's office standpoint, the money committed I:r) this project could easily be used elsewhere if them is no indication that the project is going to move forward. She said they need something to demonstrare that the project is moving forward; that $3,000,000 is K lot of money in Albany night now and probably ]rooks like an eligible candidate for some other purpow- Supv Varvay nis said that in connection with SE R this seems a lot like segmentation. Atty Perlirks said it is and he thinks what the board is being asked to d is authorize the Supervisor to set a hearing before the validity of the petition has been examined. There are some issue% which need to be looked at and there is a resident of that area, the owner resides there. Atty Perkins said he believes the owner has urAawfiilly converted a structure there into a residence and is living there. There is also an issue about whether part of what is proposed to be annexed is adjacent to the Village. Ed Marx said it is separated by a road, but it is one parcel, and he asked the 13oard to contact the County Attorney. Atty Perkins said there are issues to be examined and he encouraged the board to look at those things i'irst and then set the hearing. if the Petition is received in the ncxl: QO days, a hearing could be set at the Board's first March meeting. Once a valid peti #ion is received, a joint bearing with the Village will need to be set within 20 days of receipt, and certain not ms have to be given within the 20 day period_ The hearing itself can't be held sooner than 20 days after you give the notice, nor Later than 40 days_ Page 5 of 12 TB 2 -12 -03 B Blanchard asked if there were some kind of action the hoard could tare tonight that they could use to demonstrHte that all other things falling into place, that the Town is supportive of this activity. They aced something; to demonstrate this. Supv Varvayanis pointed out the resolutions previously passed, including one passed December 7, 2002 appointing Supv Varvayanis and C1 Stelick to work with representatives of the Village of T)r den as a steering committee to obtain water for the selected site on Ellis Drive, Atty Perkins said the only thing the board could address is the process, because if they said anything else they would be prejudgLng the determination they are required to make under 711 of the Municipal Annexation Law. They can only say they'll follow along and hold the hearing- They will stall have to wait for the outcome of the hearing. Cl Kchaels said he had eal.ked with the Mayor about annexation and he feels it's up to the property owners, but what he doesn't want to see the 'Town do is look at annexation parcel by parcel- Dryden Mutual has come to the Town and said they needed water. The Village has written a letter saying un der no circumstances will they provide the Town with water unless they can annex. He said the Town is looking into ways to bring water to that area and the Town is -proceeding as it can with the options that have been made available to it He does not waist to salve the iswue of water just for the LSD']' when a number of other residents have come to the Town asking for assistance with that issue, and they are split on whether or not they are willing to accept annexation, Eel Marx said that when everyone met a few months ago everyone agreed that: the County would be responsible only for advancing the anmexation of the BUT SLIiUq It would not be feasible far them to go through a process that rccluires more than one for EL single owner would. He also said that does not preclude a later discussion with other property owners that can take more time, and it Tnay make sense to deal with other infrastructure issues- By doing this the Tovm gets a no cash to anyone except the State, the water line, at a cost of approximately $100,000, tltty Perkins asked what the benefit to the Town of havirig the water line was. Ed Marx said that was a judgment the 'Town would have to snake- Atty Perkins pointed out that there have been indications that no more out of Village hookups would be allowed, and there is no benefit if the water line gas by other Toxvn properties and the people can't rormect to it. Cl ltilichael said his major concerti with the petition is that he is concerned about the other people who have approached the Town abou t obtaining water- Ed Marx said that the question that has to be answered uncles law is whether there is an overall benefit for the annexation, not whether it serves other people outside the annexed asi�a- Atty Perldns said the standard is whether i1: is in the overall public interest Whei_her there is annexatic)n- upv Varvayanis suggested that the Petition be delivered 110 the 'Town prior to March 5 so that Atty l rkins could review, and the board could then act on 1t March 5 Ed Marx asked the board to review the drag and get any coramemts to him as soon as possible. Ul Michaels said thaI: paragraph S slates no one resides on the property and that should be addressed- He is also concerned :bout doing the annexation in a piece meat, fashion, Cl Michaels asked Atty Perlflns, assuming the Town had a water source, how long would 1t take tip get a water district created ar4 Atty Pesldns responded it would probably take 75 to 90 days (without r- cm struction)- Barbara Blanchard asked for some indication thri,t the Town islAkill.ing to move forward, and Atty Perkins suggested the Board could authority the Supervisor, upon presentalian of what appears to be a prima facia valid petition. to discuss with 19 -ie Mayor avai.table dates for a hearing and bring them back to l],e Board on the 51PI. Supv Varvayanis said there was a meeting of the Village of Dryden Public Wnrks tomorrow morning at 'x.00 a.m. Rd ¢e 6 of 12 TB 2 -12 -03 RESOLUTION #37 - AUTHORIZE SUPERVISOR TO DISCUSS DATE FOR 4) ANNEXATION PUBLIC HEARING Cl Michaels offered the following resolul3ian and asked for its adoption= nSOLVED, that this'Vown Board hereby authorises t1 a Supervisor, upon receipt of a prima facia valid petition for annexation for the; parcel of property on Which the i+FYS DOT proposes to place a facility, to discuss with the Mayor of the Village of Dryden av4ab]e dates for a hearing on such arinexation and bring them back to the Board on March 5, 2003. 211d C1 Steliek Roll Call Vote C1 telick Yes Supv Varvayanis Yes Cl Michaels Yes C1 Grantham Yes Cl Grantriam asked how the board was supposed to evaluate the public benefit for they purpose of annexation when projects on the land are the reason for the annexation request, but there are na plans available for the projects. For example, if one of the benefits is salt storage, but the fa.ciliities have not yet been designed and there is no written agreement for sharing. The project is subject to 3 EQ IS, but nn plans are available to evaluate in connection with that. Supv Varvayanis introduced Lives Brong, who has been hired as Assistant Bookkeeper and sec7etary to the Supervisor. RESOLU'T`ION #SS - APPROVE ABSTRACT # 102 Cl Grantham offered the following resolution and asked ibr its adoption, RESOLV],,1.7, that this Toum 13oard hereby approves Abstract # 102, as audited, vouchers #71 through 138, totaling $245,582.24, 211d Cl Ste-lick Roll Call Vote Gf StArk Yes Supv Varvayanis Yes Cl Michaels Yes Cl Grantham Yes The Board further discussed the proposed annexation. Supv Varvayan%s said that he had told the County that we. did root want to act on some hypothetical propo sal _ The draft petition is for annexation of one property, not a draft proposal regarding the DOT facility. The County tonight said there would be no proposal until a hearing is field and annexation is approved. Cl Michaels asked whether the 'town would save any ?Honey by the annexation and Supv Varvayanis said the expense of road maintenance would move to the Village_ Atty Perkins said there are issues in part of the sewer district; is involved and whether the rest of the sewer district will now have I pay a transportation charge to the Valrage who will then awn the sewer lines in the Village= and pointed out there are issues than need to be addressed. Cl Michaels asked Atty Perkins to prepare a memo regarding the issues involved ui the annexation. Cl 144ichaels asked what issues would arise if the Town created its own water district. Atty Perkins said there would have to be a public water supply, there is already sewer in place Page 7 of 12 TB 2 -12.03 and they are in the district and ibere is capacity. He said there would probably be a greater is overall public benefit because more people would be served by water. Cl Grantham said that creating our own venter supply would be financially substantial, lltty Perkins said if a larger area is annexed into the Vil.ago, there is nothing to prevent 11he Village from creating its own water district to cower the cost of the improvements for that particular area, so the people would pay the costs no matter what- Cl Grantham said that in theory she does not object to annexation, she does not object to the DOT facility being located there, but the land€ wners have to agree to it, and ii, has to be done legally- Robin Seeley asked if the Town should apply the 'balancing of public interest" test in connection with the County's telecommunication tower - Supv arv%anis said that the Town's law specifically exempts emergency communication towers, so if they say it is just for that, they would be exempt. Cl Granthazn $aid that if it is built so that there can be ca- location on it, they are setting ill up, and that is segmentajion- Peggy Walbridge said that she hoped the Town wnuta make an effort to see thAt the County got a permit on the tower project and said that it maker stmw to set a precedent heTe- COUNCIL PRIVILEGE C1 Grantham said there are two video Confer rl.Ce by DEC on Storm ailer Phase Il, one is tomorrow (all day) for municipal storm water sewer systems at Cooperative Extension. The other is on February 28 on permits for construction activities. The Conservabim Advisory Council (CAC) is co- sponsoning with the Cayuga Lake Watershed Network a well workshop can !March 6 at the Dryden Village, Full, People who come to the work%hap will get a discount on having a bacteria rulTa.te test for their well water- The CAC has a draft of the Open Space Inventory for Lhe Town Board (a copy is available at the Town Clerks Office) TB 2 -l2 -Oa HIGHWAY DEPARTMENT J lush provided board members with a report from the Kigh9way Safety Committee meeting. The consen %us of the committee wow that the Town should pay for the safety shoes on an as- needed basis to be detemined by the Highway SupoTintendent, meaning that when an ezuployee felt the shoes were worn out, the I3ighway Superintendent would determine whether they should be replaced- Cl Grantham asked whether dae 'Town needed to adopt a policy regarding safety- lie ed. shoes and. Atty Perkins said it was covered by the collec live bargau nirg agreement because it says that the Town will provide safety equipment. and the I- Iighway Superintendent has determined that the shoes are safety equipment. J Bush suggested that to be fair the Town should initially provide each highway ernployee with a pair of safety -toed shoes. This would be, in addition to the clothing allow ace already provided. J Bush asked the board to approve his attending a one= day seminar and a series of Cornell Local Reads programs for highway employees, RESOLUTION #40 - AUTHORIZE SEMINAR FOR HIGHWAY SUPERINTENDENT Supv Varrvayanis offered the following resolutian and asked for its adoption= RESOLVED, that this Town Board does hereby authorize the 1lighway Superintendent to attend a one -day seminar on March 25, 2003, and payment of the $149.{30 fee in connection therewith. 2nd Cl Grantham Roll Call Vote Cl Steli.ck Yes Supv Varv;dyariis Yes Cl Michaels Yes Cl Grantham Yes RPSOLUTION #41 - AUTHORIZE WORKSHOPS FOR HIGHWAY EMPLOYEES Supv Varvayatiis offered the following resolution and asked for its adoption: RESOLVE D. ghat this Town Board does hereby authorise the expenditure of a sum not to exceed $600.00 for the purpose of Higlivray Departrrne?n t employees attending workshops offered by the Cornell Local loads Program - 2nd Gl Grantham Roll Gall Vote C1 Stelick Yes Supv Varvayanis Yes C1 h'fichaels Yes Cl Grantham Yes Revisions to the highway specifications have been i iveri. to the Town Cngineer for review, will be reviewed by the Town Attorney and then presera.ted to the Board. The 284 Agreement has not yet Lwen completed, but should be ready next mouth, Robin Seeley said that a year ago it was stated that Hurd Road would be worked on, but net widened: and some how over aye ar*s time it has gone from 18 to 20 feet 9w7de to now 2 5 ' feet wide. Snow plows are now piling snow 3 'A feet past the edge of the right of way, which Page 9 of 12 TB 2-1243 she says is basically her front yard. She asked that the snowplows go back to plowing where Che road is, and not plow Hurd Road 25 ' feet, wide. ATTORNEY CroT&m Castle has advised Atty Perki.ns that they hope to be back before the board in March, and in the meantime they have adjourned the re Ir. rn date for the Article 78 proceeding another 90 days_ 'Uiey have not received all the approval.& they need from NYSE G, but expect to have then all in place soon. At1y Perkins has provided. Board members with a. copy of letter he received from Hobart Sterne Dealers Inc regarding the Finger Lakes i,oae Quarry. The President of Finger Lakes Stone Company suggests that 1-,e would like to came to aerav l Board meeting and address the matter_ The Board asked that Atty Perkins contrj.ct them and ask them to come to the March 5 Board meeting. Supv VarvayFani.s asked if the increase 'in size of acreage had any bearing on the use and intensity of use. Cl Grantham said they say the activities have expanded, but they claim to be daing it on less land_ Atty Perkins said there are canes that support that that isn't a factor because mining by its very nature is subject to taking materials out and then reclaiming the land. So they usually dou7t apply those kinds of tests. Atty Perkins suggests that the Board meet with the owner on the 5th and then decide what they want to do, Atty Perkins said he has finally received an acceptable license agreement from Cornell which will allow the Town and ire Departments to use the hydrant at the Cornell Barns on ineah Road, and ask that the Supervisor be authorized to sigma the agreement, 10 1RESOLTION #l42 - AU'T`HORIZE SUPERVISOR TO EXECUTE AGREEMENT FOR MINEAR ROAD HYDRANT Cl Michaels offered the following resolution and asked fUT its adoption; RESOLVED, that this Town Bow -rl, does hereby author ;r& the Supervisor to execute a license agreement with Cornell University allowing the'Cown and Town Fire Departments to use the hydrant at the Cornell Barns on MiTicah Road. 211d Cl Stelick Roll Call Vote C'1 Stelick Yes Supv Varvayani& Yes Cl Michaels Yes Cl Grantham Yes Cl Grantham asked about the status nfth.e Moore property /subdivision. Attu Perkins said he had spoken whin the attorney for the Ithaca Board of Realtors ai3d ]i4+Ir. Moore, and explained hal: had happened and that the Town was ready 1.n file papers. He izli`ormed Atty Perkins that he thought they were going to withdraw the multiple listing and that he would not be advertising the lots for sale other than within The limits of what tine Town's subdivision regulations permit_ Margaret Walbridge informed the board that she had looked at the property at the Assessment Department, and they have information that Mr_ Moore has made changes within, the past month or so. Ati nnnev Perkins will check with Division of As4,4essment regarding any recent developments, and report back to the inu;�Lrd, Page J0 of 12 TB 2 =l2�03 TOWN CLERK 13 Hollenbeck asked that I:he board be prepared to approve minutes (froin November, 2002 to date) at the March meetiuig, Town Board bas received infarmatian regazding the 2003 NYS Town Clerics.Association con,E`erence to be held in BuftJo from April 27 through 0_ B Hollenbec,k would like to attend and asked the board for a resolution. RESOLUTION #4 - AUTHORIZE CLERK 'TO ATTEND CONFERENCE Cl { frantham. offered the fallowing resolution and asked for its adoption: RID OL ED, that this Town Board does hereby authorize the Town Clerk to attend the 2003 NYS Town Clerks Conference in Buffalo, New `fork, April 27 through 30, 200 and the expenditure of the sure of $513.00 registration and hotel fees, together with appropriate mileage, 2nd t Sitelick Roll Call Vote C1 atelick Yes upv Varvayanis Yea C1 Michaels Yes Cl Grantham Yes B Hallenbeck advised the $nand that she had not received a voucher from the Dryden Baptist Church for the Town's use of the facility as a pulling place in 2002. lifter checking with them they returned the voucher Lk ith a note that they were waiving the fee, 0 ENGINEERING D Putnam provided the board with an update on the status of the Virgil Creek Stabilization project. They have been unable to take the aerial photographs and complete the topographic mapping of the project site. Diver Solutions feel they can complete the deal, permits and conzoruction this season as long as they have the topographic mapping in early ApriJ _ TONING OFFICER Board members have the ruanthly report. ZO Slater has one project he is working on, a self - storm facility on Pinckney Road, which will probably be ready for board review i`1 April. On Pebruary 28 at the Village Hall ZO Slater will be distributing weather radios made available fbxouglh the former Project Impact: program. The National Atmospheric and Oceanic Weather service wt ]t online in Tompkins County in November. There are 32 radios to be distributed to the school district, emergency services, municipalities. Supv Varvayanis has distri buted copies of a wastewater agreement to lx)ard members_ The City of Ithaca did nut: like the idea of taking on Cayuga Heights' plant because of liability issues and proposed going back I a previous plan where the two plants operate as separate eni5 tie s, The Town of Ithaca diverts some flow to the Ci i_y plant which will open capa(9ilk at the Cayuga Heights plant wh.%ch the Tourn and Village of Lansing will take, This uril.l have no reed effect c the Town of Dryden. If 11b agreement. is approved ell municipalities will have to sign. 0 Supv Varvayanis said that the draft El S that had been prepared rnntained inaccurate Pagc I. L of 12 TS 2 -12-03 information in that. the Village of Lansing's population was counted twice, so the transportation numbers, etc. are wrong. Fernando de'Aragon is working to correct it. The Town has received a letter from the owner of tax map parcel #43 -1 -29.6 (on Royal Road) asking that the parcel be rezoned from RB3 I to MA. Board referred the matter to the Planning Board. Walter 144atyjas has agreed to serve as chair for the Zoning Board of Appeals RESOLUTION #44 - APPOINT W. MATYJAS ZBA CHAIR C1 Michaels offered the following resolution and asked for its adoption: RESOLVED, that this 'roan Board does hereby appoint Walter Matyjas to serve as Chairman of the Zoning Board of Appeals. 2nd Supv Varvayanis Roll Call Vote Cl Stelick Yes Supv Varvayanis Yes Cl Michaels Yes C1 Grantham Yes Supv Varvayanis said he had received a phone call from a representative of the Freeville Fire Department asking when they would receive an amended Fire Contract. `I'he only change would be that the departments would not pay for the audit. Supv Varvayanis and Atty Perkins had thought that when a contract is signed with Sciarabba Walker, they will notify the departments that the Town will pay for the audit. The fire contracts say if the Town requests the audit the departments will provide it. The Town is now saying it will pay for the audit and asking for the departments' cooperation. Cl Grantham said her understanding is the audit is being performed for all the departments so the gown can begin to determine a formula. for payment that is fair to all departments. Atty Perkins said that the Town should send a letter to the fire departments informing them that the Town is going to conduct an audit at the Town's expense without waiving any of the Town's rights for the future, provide them with a copy of what the audit will encompass and what the information is that the departments should provide to the auditors in timely fashion. There is no need to amend to the contracts. On motion made, seconded and unanimously carried, the meeting was adjourned at 11:45 p.m. Respectfully submitted, Bambi L. Hollenbeck Town Clerk Page 12 of 12