HomeMy WebLinkAbout2003-06-11TB 6 -11 -03
TOWN OF DRYDE
TOWN BOARD MEE TD
June 11, 2003
Board Members Present: Supervisor Mark Varvayanis, C1 Charles Hatfield, C1 Stepb.en
telick, Jr., Cl Christopher Michaels �
Absent.; C1 Deborah Grantham
I
Other Elected Officials: Barnbi L. Hallenbeck, Town Clerk
Jack bush, .Highway Superintendent
Other Town Staff Mahlon F2- Perldns, Town Attorney
Henry Slatcr, Zoniing Officer
Kevin Emll, Zoning Officer
Supv Varvayanis opened the meeting at 7:15 p.m. Board members and guests
participated in the ple W of allegna nce-
A public hean,ng had hen scheduled for Max Rigsby, $13 Farms, to establish and
operate a vegetable crops sales site at 14 18 Dryden Road. Applicant was not present and
hearing was not held-
RECREATION DEPARTMENT
Jennifer Glaab introduced Marry Christofferson. who spoke to the board about the
lacrosse program. There were 50 children who participated in the program this year - The
prograrn did some fundraising, including sales of T shirts and clothing, to go toward next year's
program, They purchased T shirts, goalie sticks, helmets, jerseys, and had a. pizza party. With
registrations and fundraisers, minus expenses, the programs made about $194. He said he was
happy to run the program is year and appreciated ated the boaxd's support- They hope to get a
lacrosse program into the high school in the future.
Christofferson said the money from fundraising should be run through an account so
that it can be accounted far. He had given J Glaab all the registrations, orders, money, etc to
reconcile, and understands that someone at the Town did not want to tape the money in that
had been earned from fundraising. His goal and intention with the fundraising is to help the
program. He asked hove this could be handled, Supv Varvayarus said that there had been
some confusion. The Town cannot do fundraising, and fundraising can not be done in the
name of the Town or by 'town personnel. Atty Pcrkins said that the fundraising money could
be made a gift to the Town. The funds were given to Lives Brong. M Christofferson said the
raoney included payments for clothing orders and a check w-.1 have to be cut to the vendor for
that. He wants to be sure that dues riot come from the recreation budgetr He said that giving
it all to the Tawas is a good way to show that the program doesn't really cost the taxpayers any
money. M ChristoNerson said he appreciated Ilie support for the program and nnted that
whenever he needed anything Jeruxifer Glaab was very helpful-
.J< Glaab presented the board with a report showing anticipated income and expenses for
the recreation department for the year. Supv Varvayco s said that with other departments any
money brought in goes toward next year's budget. J Glaab said that if an individual program
does a fundraiser, they want to be able to pay the expenses of the fundraiser, so that the
department is not actually fundraistirxg-
Pagc L of 14
TB 6 -11 -03
® The first concert in �7'
m
Mont g oe Park will be held this Wednesday. A schedule of the
concerts for the summer was given to the board. This information is also available on the
website and will be sent to the news media. Everything has been worked out with the Village
and there am i
re ssues.
She presented a draft agreement with respect to the boat rentals on Dryden Lake. Atty
Perkins will work with her on fine tuning the agreement. J Glaab has advertised for someone
to work at the lake and received one application from someone who is certified for first aid and
cpr. She recommends that this individual be hired.
RESOLUTION #90 - APPOINT J GLAAB TO RECREATION PARTNERSHIP
Cl Michaels offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby appoints Jennifer Glaab to serve as its
representative to the Recreation Partnership for a term to expire December 31, 2003.
2nd Cl Hatfield
Roll Call Vote Cl Hatfield Yes
Cl Stelick Yes
Supv Varvayanis Yes
Cl Michaels Yes
J Glaab presented the board with information on the Recreation Partnership's financial
structure for the upcoming year. They are looking for two different increases for the involved
® municipalities to commit early on. The first increase for Dryden is $767, representing its share
to cover increases for facility use, salary and fringe increases, and the County & State funding
decreases, as shown on Schedule A. Schedule B shows the town's share of increased subsidy
anticipated for 2004 as $2,154. J Glaab's recommendation is to not make an early
commitment and possibly considering withdrawing from the partnership due to the creation of
the recreation department. She has done a comparison of the programs offered by the
Recreation Partnership and what is offered by the Town or another organization in the Town,
and said that if the Town picked up the difference for a non- member fee, the total expense to
the Town would be approximately $457.
Martha Robertson said that: speaking for the western side of the Town, most of the
students are part of the Ithaca School District, and use of recreation programs and facilities
seems to go with school districts and she thought the western side of the town would be
disenfranchised if the Town pulled out of the Recreation Partnership. Cl Stelick said that 23%
of the student population in the Town goes to Ithaca and 77'%) goes to Dryden schools, and
asked why the County was considering pulling out of the partnership. She responded that the
County has serious budget problems, but has not decided whether they will pull out.
Municipalities need to decide by October if they will pull out of the partnership. M Robertson
urged the Town, as a resident, to not pull out of the partnership. She reminded the board that
the partnership has not in the past had to make any payment to the City of Ithaca for use of
their facilities. That: will be a continuing discussion with the City and she said she felt it: was
right for the Rec Partnership to include the costs of the actual use of the facilities. Supv
Varvayanis said that if the Town were to withdraw from the partnership, he assumed that
programs would still be provided on that end of Town, at the Ellis Hollow Community Center,
the Varna Community Center or other locations. The board reviewed the information provided
and no action was taken,
O
Page 2 of 14
TB 6 -11 -03
® AMBULANCE REPORT
Terri Allen presented the monthly reports for ambulance service. 'There were 78 calls in
May, including 35 A.LS calls and 20 BLS calls. Collections in May for 2003 were $1.5,512.22
and $1,632.20 for 2002 services. Year to date collections: $58,427.98 for 2003 services and
$43,571.14 for 2002 services.
CITIZENS PRIVILEGE
Mike Lane reminded that board that prior to the Dairy Day festivities on Saturday, June
15, at 9:00 a.m. there will be a dedication of the new 'Time Square" park at the four comers of
the Village. The Dairy Day Parade will begin at 9:30 a.m. with festivities following in
Montgomery Park.
COUNTY BRIEFING
Martha Robertson said that she will gather more information regarding the Recreation
Partnership, that the County hadn't taken the matter lightly when they decided to cut the
County subsidy for this year, and they will have further discussion regarding the matter for
next year.
The Water Resources Council has completed its study on prioritization for studying the
aquifers in the County. fall Creek is at the top of the list. Kate Hackett will send copies of the
report to the Towns. They will be approaching the Towns to talk about how to come together to
fund the aquifer studies. The Towns of Caroline and Dryden have already committed funds for
® this purpose.
The Country Planning Department has completed its work on the Vital Communities
Principals and that is the basis for the comprehensive plan that the County is working on.
There is a vital communities toolbox on the County's website for further information.
On June 19,
from 9:00
to
11:00 a.m. the Health and Human Services Committee will be
focusing on housing
issues in
the
Country.
Mike Lane
reported that Tompkins County Area Development had held its annual
breald'ast recently
at the new
PRI Museum of the
Earth building which will be open in late
September. They
are hoping
it will draw tourists
to Tompkins County and at the meeting they
learned how local
attractions
(Jolmson Museum,
PRI, Cornell Plantations, etc) are working
together to promote the area
as a cultural center.
They are concerned about workforce development in Tompkins County mainly because
of the funding stream at the federal level. The workforce development agency (a partnership of
11 agencies) is centralized in Center Ithaca. The grants are failing to provide any
administrative money. They are concerned because they have come a long way with workforce
development in Tompkins County. People receive assistance with job searches, resumes, day
care, transportation, etc. and it has enabled people to get off welfare and into the work force.
Steve Whicher has told the County Board that there will be federal money that will help
with the Medicaid shortage. The figure reported by the media was about a million dollars, but
apparently is only about $600,000 for Tompkins County. This will be about one -third of the
projected shortfall. The budget year continues to look bad. They have established a fringe rate
(which is the money that is charged to each department to pay for the benefits on its payroll)
O for next year of 39 %, up from 27%, because of the increases in New York State pension costs
and health insurance. This will be a major cut in all departments,
Page 3 of 14
T13 b -11 =03
® The money for new voting machines does not appear to be. immediately forthcoming.
tlpparently the legislation to require centralization of the voting machines went through but the
money to accomplish it did not, although the Federal deadline of wanting it done before the
presidential primary is still in place.
There is a court case from the New York State Court of Appeals out of Erie County
where the City of Buffalo was suing the IDA of the Town of Amherst: for cannibalizing industry,
luring them from the City into the Town by giving them tax abatements and other incentives.
The Court of Appeals found it improper and imposed penalties. This is important because
Tompkins County is in the midst of a number of Counties that have Empire Zones which can
give better tax abatements, etc than is available in Tompkins County. Developers and realtors
in adjoining Counties have been soliciting businesses from "Tompkins County.
COUNCIL PRIVILEGE
Cl Michaels reported that he and Cl Stelick and Atty Perkins had met with Neptune
Hose and their attorney yesterday. He said that the meeting did not go well and their attorney
was uncooperative. They did make some headway with some of the contractual terms. Two
issues that were unresolved were the idea of the quarterly payments and they are asking for
$10,000 to be added to the offered contract. price. There is a question about whether it is
possible for the Town to do that for the 2003 year. The attorney for Neptune said it is possible,
and Cl Stelick and Cl Michaels said they would recommend it to the Town Board subject to
their attorney providing undisputed case law, statutory or regulatory support for such an
action. They have not received that information _yet. Atty Perkins said the Town did advertise a
specific amount for the contract, and it could after a public hearing increase that amount
provided that it had either unappropriated funds or surplus funds in the district funds, and he
® has been advised that the Town does not have those funds. Furthermore, it is unlawful to
transfer from general fund to a fire protection district fund. There is a State Comptroller's
opinion that speaks to that: matter. Cl Michaels said he had been unprepared to discuss this
at the meeting because he had been told the agenda would be the items numerated in Mr.
Pinsky's letter of May 9, but was told that the meeting would not progress until the $10,000
was addressed. Cl Stelick said that Dana Abbey had advised him since the meeting that
quarterly payments would be acceptable.
Cl Michaels said that he would have supported the $10,000 if it were possible because
it is time to begin negotiating next year's contract, and whether it: was paid this year or it was
added next year seems to be a distinction without. a difference. He said because it is
anticipated that we will have a contract with them next year, it doesn't seem worth arguing
about if that is a real bone of contention for them.
With respect to any changes made to the contract with Neptune, Cl Michaels proposed
that fire departments be able to sign whichever version of the contract they prefer, the one
originally offered or the one as changed with Neptune. Varna. had similar concerns about the
amount in their contract, and he suggested that if this offer of additional money is made to
Dryden, that the board also offer the difference Varna had requested.
Cl Michaels said it seemed that everything was wrapped up, and although he ,sensed a
decent amount of cooperation from individuals at Neptune Hose and their board, he found it.
very difficult to work with and discuss the matter with their attorney. He said he left the
meeting very discouraged about how things went for the meeting, given all the work he and Cl
Stelick had put in trying to work toward developing a relationship with the chiefs of the
departments. He felt it was a step backwards.
1'ztge 4 of 14
TO 6.11 -03
® Atty Perkins said if the board was willing to offer this contract, a letter of explanation
should accompany it and go to their attorney first. It should state that the quarterly payment
schedule remains because it was subsequently agreed to and that the board has found that: it
was unable to increase the amount by $10,000 and see what happens. He said the board has
done everything it can and it seems the board has met them more than halfway on most
issues. Cl Michaels said to add that if they can find support to authorize the $10,000 increase,
then the board will give them the money. Cl Stelick said he would support that. Atty Perkins
said it really comes down to whether or not the transfer is permitted from general town funds
to the fire protection district. The limited authority he has found really relates to the highway
account and the general founds. Supv Varvayanis said that was also his understanding.
M Robertson asked what the $10,000 was for and Cl Michaels said that he had heard it
several different ways, but basically is was that there was a ladder thick purchased and at
some point $10,000 was added to the normal contractual amount that they had been receiving.
Some time period passed, and some people had the impression that the $10,000 should have
ended, but Neptune Hose says they still have a ladder truck and they still have plans to
purchase another one when it wears out. There is nothing in writing about and recollections
don't seem to match. The amount provided has been going up 2% per year for as long as
anyone can remember and the $10,000 doesn't seem relevant given the fact that the budget
amount has really no bearing on the actual expenses or requirements of the organization at
this point. This is what Cl Michaels and Cl Stelick have been trying to work out with the
Departments in an approach for the 2004 budget season. They have asked each of the
departments to educate them on their expenses. If a department doubles its membership it
can be a financial catastrophe because they have to buy equipment for each of the volunteers.
The Town could bear some of that and encourage volunteerism. This is limited by the current
contract and they are looking to try to tie the contract amount and the way the departments
® are reimbursed for their expenses.
M Robertson said that basically yesterday he had agreed to an undocumented
additional $10,000 and she applauds the difficult efforts to document and clean up the whole
process, but she can't resist making a connection to the $2,100 that was asked for in
additional recreation subsidy that was well- documented. Cl Michaels said his understanding
was that this was a "written in stone albeit not in writing" $10,000 that they would receive
forever specifically for the ladder truck fund. Supv Varvayanis said he has trouble with the
$10,000, but it doesn't matter because they probably can't do it, but if by chance they can he
suggests that an additional $10,000 be given to each of the four major contracting fire
departments. Cl Michaels said he and Cl Stelick had discussed that and would not be against
it. Cl Michaels said the companies have large reserves and are looking to buy very expensive
equipment on 20 year cycles and $10,000 going into their budget: this year versus next year
will work out in the wash. The largest share of the amount of funding that any of the
departments get goes to capital reserve accounts so they can buy their equipment. Supv
Varvayanis said that some of the equipment purchases are planned 25 years out, so when you
talk about the entire range that is being looked at, $40,000 is a fraction of one percent.
Duane Testut asked why the amount advertised for fire contracts was $499,496 and the
budget line for fire departments was $519,496. Supv Varvayanis explained that the $20,000
difference was money that the departments could apply for to be reimbursed for OSHA
training. He asked why the cost of workers compensation was so high and was told it was
based on population and the formula set by Stake law. D Testut said he appreciated the
meetings with Cl Stelick and Cl Michaels, that they had agreed to disagree a few times, but he
had come away basically feeling positive.
0 Cl Stelick said that the audits the Town was asking to have done would give them a
base line to start with.
Page 5of14
TB 6 -11 -03
Cl Stelick asked M Robertson if it was her recommendation that the County withdraw
the $38,000 it currently provides the Recreation Partnership. She said there is no specific
proposal at this point. She said she supports the efforts made to work out the fire contracts.
Cl Stelick asked whether they planned to cut anything from the Alternatives to Incarceration
program (ATI) and she said they had not yet: discussed it. Probation is a significant department:
and a lot of what they do can be called alternatives to incarceration, and in fact an argument
was made at the last meeting that recreation programs can almost be part of the continuum of
helping to keep people out of the criminal justice system. Cl Stelick said that he recalled that
for each successful person in the program the cost was somewhere around $20,000 per
person. He said it would cost $18 per person based on the total number of registrants in the
Recreation Partnership ($47,000 divided by 2800 participants that are County residents), and
we are spending a million dollars or so on alternatives to incarceration that may help six to ten
people. M Robertson that: those people would also have cost the county money because they
had broken a law and are in jail. It: is her belief that the ATI programs are valuable in each
current year that someone is kept out jail, working at their job, paying taxes, etc. She urged
board members to attend drug court or graduation ceremonies, saying that those people don't
go back to jail. She said she expects recreation programs to be less expensive than getting
someone off of drugs. Cl Stelick said he has a problem with squeezing $47,000 money from
children and participants that haven't made mistakes, when they are paying $20,000 per
person on those who have already made several mistakes.
Cl Stelick asked M Robertson to put Jennifer Glaab in touch with the community
centers on her side of town; that he thought it was a good thing to mix the children from
different schools.
Supv Varvayanis said he had been told by the accountant that they had collected all the
data from the Varna Fire Department and he thought: their records were well kept and was
® appreciative of their efforts.
Cl Michaels said that at the meeting they spent nearly an hour arguing about the need
for an audit, the fire department wanted to know why they couldn't pick the auditor and pay
for it themselves. They are hopeful that Neptune will cooperate with an audit although they
seem to be saying they would not until a contract agreement was reached. He is worried about
the state of the law and their attorney's misunderstanding of it.
Supv Varvayanis said he had spoken to George Frantz who was ready to print 25 copies
of the comprehensive plan to pass out. Before that is done Supv Varvayanis would like
clarification on the traffic count information. Cl Michaels would like to see maps indicating
property values.
RESOLUTION #91 - APPROVE ABSTRACT # lq$
Cl Hatfield offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves Abstract #105, as audited, vouchers
#313 through #480 (except #406), totaling $130,619.92.
2nd Cl Stelick
Roll Call Vote
C1 Hatfield Yes
Cl Stelick Yes
Supv Varvayanis Yes
CI Michaels Yes
Page 6 of 14
T13 6 -I 1-03
HIGHWAY DEPARTMENT
J Bush reported that tree clean up f�om the winter storms is complete and they have
began paving_ Cl Michaels asked abcmt the work that was being none on Alt Pleasant Ruud
and was told it was completion of the storm sewer project that was Begun last ,year. The road
will be repaved next, year,
ATTORNEY
Board members have copies of a plan for expansion at Salton Point, together with a
proposed resolution calling a public hearing. This will be paid out of e3dstffig fiords and Bolton
Point has same reserve funds which will be -aced. A public hearing is necessary because
districts will be responsible for repayment in the event that there isn't €guff ejgent cash. In
addition to the public hearing there will be a separate agreement, an amendment to the
Agreement of Municipal Cooperation, whieb authorims the project, and there may be a second
ar,andment to the agreement which basically streamlines the process for new water- and sewer
districts being served by Bolton Point water. Atty Perkins hopes to have both of these well
before the July public hearing. With respect to the Town of Dryden's share there are suffk- Terri;
reserves in each of the distxict funds to pay the amount due.
RESOLUTION #92 - ORDER CALLING PUBLIC HYING IN THE MATTER OF THE
PROVIDING OF A PROPOSED TIM- STORY OFFICE. AND WORK SPACE ADDITION TO THE
SOUTHERN CAYU rA LAKE INTERMUNICIPAL WATER COMMISSION WATER TREATMENT
PLANT IN THE VILLAGE OF LANSING, TOMPKINS COUNTY, NEW YORK
Cl Michaels offered the following resolution and asked for its adoption;
WHEREA$, a plan, report and map has been duly prepared in such manner and in
such detail as this Board determines to be necessary, relalg to the construction and
equipping of a two -story office and work space addition to the Southern Cayugra Lake
InteTmanicipal Water Commi lion "("SCLIWC "I treatment plan C, pursuant to relevant
provisions of the Town Law, such project to be known and identified as the $ LI-WC 2003 Plant
Expansion Improvement, and hereinKfter also referred to as "Improvem.ent ", to provide
expanded space 'in the water treai;ment plant owned in common by the Tawas of Dryden, Ithaca
and Lansing. acid the Villages of Cayuga Heights and Lansing (collectively the "Muripalities"
and sometimes individually the "Municipality "), such improvement to be constructed and
owned by the Municipalities, and
W}TEREAS, said plaza, report and map have been prepared by Hunt Engineers,
Architects & Land Su rveyors, P.C., competent engineers duly licensed by the Mate of New fork
and have been filed in the office of the Town Clerk where they are aval7able for public
inspection, and
WHEREAS, the area of said Town determined to be beneEtted by said SCLrWC 2003
Plant Expanwon Improvement consists of the entire area of the Town Water Districts, said
water districts; being Dryden Water District # 1, Snyder Hill Water District, Monkey Run Water
District, Hall Road Water District, and Turkey Hill Water .district in said 'Gown; and
WHEREAS, the proposed SCLIWC 2003 Plant Exp2msi.on Improvement consists of the
improvenimts set forth below, and as more particularly shown and described in said crap, plan
and report presently on file in the Office of the urk' ality Clerk-
Construcl7on of a 7616 square foot, two store office and work space addition on the east
4D end of the SC LMIC water treatment facility at 1402 East Shore Drive in the Village of Lansing
and renovation of 43,3 square feet of em r� office spate to provide increased office space for
Page 7 of 14
TB G -1 l -03
is SCLIWC's Administration and Distribution personnel, workshops for SCLIWC's electrical and
technical technicians and production department personnel, handicapped accessibility, an
archive room for long term storage of SCLIWC's files land documents, an expansion of the
facilities laboratory to meet increased water duality monitoring requirements, and additional
fire suppression systems in the new and renovated areas of the facility; upgrading the HVAC
systems to bring them into compliance with current building codes; upgrading the north
entrance to the facility; and adding four additional parking spaces to accommodate the public.
WHEREAS, the maximum proposed to be expended for the aforesaid improvement is
$2,310,835.00; and
WHEREAS, the proposed method of financing to be employed for the aforesaid
improvement is issuance by the Municipalities of joint and several serial bonds not to exceed
$1,000,000 and payment of the balance of the costs of said improvement by the expenditure of
current revenues and surplus funds held by SCLIWC.
WHEREAS, it is now desired to call a public hearing for the purpose of considering said
plan, report and map, the providing of said SCLIWC 2003 Plant Expansion Improvement, the
authorization of serial bonds for payment of part of the costs of the Improvement, the
expenditure of current revenues and surplus funds for the balance of the costs of the
Improvement, and the amendment of the existing Agreement of Intermunicipal Cooperation
between the Municipalities in relation to such Improvement, and to hear all persons interested
in the subject thereof, all in accordance with applicable provisions of General Municipal Law,
Local Finance Law, Town Law and Village Law;
NOW, THEREFORE, IT IS I•IEREBY ORDERED, by the Town Board of the Town of
Dryden, Tompkins County, New York, as follows:
Section 1. A public hearing will be held at the Town Hall, 65 East Main Street, Dryden,
New York, on the 9Lh day of July, 2003, at 7:00 o'clock p.m., to consider the aforesaid plan,
report and map and the questions of the providing of said SCLIWC 2003 Plan Expansion
Improvement., the authorization of joint and several serial bonds for payment of part: of the
costs of the Improvement, the expenditure of current revenues and surplus funds for the
balance of the costs of the Improvement, and the amendment of the existing Agreement of
lntermunicipal Cooperation between the Municipalities to authorize such improvement,
bonding, and other activities, to delegate to the Treasurer of SCLIWC certain authority to issue
such bonds on behalf of the Municipalities, and to grant: SCLIWC certain other powers and
authority, and to hear all persons interested in the subject thereof and concerning the same
and to take such action thereon as is required by law.
Section 2. The Town Cleric of the Town of Dryden, Tompkins County, New York, is
hereby authorized and directed to cause a. copy of this order to be published once in the official
newspaper of the Municipality, and also to post a copy thereof on the Town signboard
maintained by the Clerk, not less than ten nor more than twenty days before the day
designated for the hearing as aforesaid.
Section 3. This order shall take effect immediately.
2nd Cl Stelick
Roll Call Vote
Cl Hatfield Yes
Cl St:elick Yes
Supv Vzrvayanis Yes
Cl Michaels Yes
Page 8 of 14
TB 6 -1I -03
Atty Perkins has provided board members with a draft resolution a.cceptirxg the Open
Space Inventory. Dan Karr wa,% present if board members had any quesLion%, Cl Michaels
has not yet finished reading the Open Space Inventory_
RESOLUTION # 93 - ACCEPT OPEN ,SPACE INVENTORY
Supv Varvayanis offered the following resolution and asked for its adoption.
WHEREAS, by local law No- 4 of the year 2000 the town board established the Town of
Dryden Conservation Advisory Council (CAC); and
WHEREAS, said local law directed the CAC tc conduct and maintain an m' vcntory and
map of the natural resolarces within the 1:own and maintain a current index of aU open areas in
the town; and
WHEREAS, the CAC has prepared the aforesaid inventory, map and index (Open Space
Inventory - May 15, 2003) and has filed the same with the town clerk and has held two public
iriformation sessions on such inventory, map and index; and
WHEREAS the to9mm board has had an oppormnity to review the Open Space Inventory
for its substantive content as is satisfied with respect to the accuracy, coruplei:eness and
format; now, therefore,
BE IT RESOLVED by the town board as follows:
l . The Open Space Inventory
accepted and approved by
. The town board expresses
I
n preparing the Open Spa
°11 Cl Stelick
of the Town of Dryden dated May 15, 2003 is hereby
the town board
its thanks and appreciation for the w riz of the CAC
ce Inventory,
Roll Call Note Cl Hatfield Yes
Cl Stelick Yes
upv Varvayanis Yes
Cl Michaels Abstain
Dan Karig said that the only complete paper copy of the Open Space Inventory is a
preliminary one that George Frantz prepared for the CAC. He suggested that the Town make a
number of paper copies for the public, Tovm Clerk will have some copies made.
Atty Perkfi-js has provided the: board with copies of the EnviTen- mental Assessment Farm
prepared by the Town of Ithaca engineer far the phosphorus removal project. He said that the
Town should consider approving Amendment # 1 to the contract between Sterns & Wheler for
engmeeiarig services during the bidding and construction phase of the project. DEC approval is
expected this month.
RESOLUTION #94 - AIJTHORIZE AMENDMENT # 1 TO STERNS 6 WMELER CONTRACT
Supv arvayanis offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board does hereby approve Amendment # 1 to the Sterns 8s
19 Wheler contract for enjineering serVices,
2nd Cl Hatfield
Page 9 of l4
TB 6 -11-03
® Roll Call Vote Cl Hatfield Yes
Cl St:elick Yes
Supv Varvayanis Yes
Cl ( Mchaels Yes
Atty Perkins said that before the phosphorus removal project could be approved there
would need to be another public hearing on the plan, report and map and the estimate of cost
that has been prepared. The total project cost: is $4,115,000. Some of that is expected to be
paid from the bond fund available to the project. The Town of Dryden's share without any
bond fund monies would be $81,477. The Town's share would be paid from surplus funds and
current revenues of the Town of Dryden Sewer Districts.
RESOLUTION 1195 - ORDER CALLING PUBLIC HEARING IN THE MATTER OF THE
PROPOSED PHOSPHORUS REMOVAL PROJECT FOR THE SEWAGE TREATMENT PLANT
IN THE CITY OF ITHACA SERVING THE TOWN OF DRYDEN TO BE KNOWN AS THE JOINT
SEWAGE TREATMENT PLANT PHOSPHORUS REMOVAL IMPROVEMENT PROJECT
PURSUANT TO TOWN LAW §202 -13
C1 Michaels offered the following resolution and asked for its adoption:
WHEREAS, a plan, report and map has been duly prepared in such manner and in
such detail as heretofore has been determined by the Town Board of the Town of Dryden,
Tompkins County, New York, relating to the construction, pursuant to Town Law § 202 -b of
sewer system improvements to be known and identified as the Joint Sewage Treatment Plant
® Phosphorus Removal Improvement Project, and hereinafter also referred to as "improvement ",
to provide such sewer improvement, to the present sewage treatment plant in the City of Ithaca
managed jointly with the Towns of Ithaca and Dryden providing sewage treatment services for
the Town sewer districts served by such sewage treatment plant, such sewer system
improvement to be constructed and owned by the Town of Ithaca, Town of Dryden, and the City
of Ithaca, and
WHEREAS, said plan, report and map have been prepared by Stearns and Wheler,
Professional Engineers, competent engineers duly licensed by the State of New York and have
been filed in the office of the Town Clerk where they are available for public inspection, and
WHEREAS, the area of said Town determined to be benefitted by said Joint Sewage
Treatment Plant Phosphorus Removal Improvement Project consists of the entire area of said
Town sewer districts served by the sewage treatment plant in the City of Ithaca, and
WHEREAS, the proposed Joint. Sewage 'Treatment Plant Phosphorus Removal
Improvement Project consists of the sewer improvements set forth below, as more particularly
shown and described in said map, plan and report presently on file in the Office of the Town
Clerk:
Construction and installation of a tertiary high rate settling process and
associated reinforced concrete stricture on piles at the end of the current
process stream, adjacent to the final effluent channel at the jointly operated
sewage treatment plant located at 525 Third Street, Ithaca, New York, together
with associated controls, piping, and other structures.
WHEREAS, the maximum proposed to be expended for the aforesaid improvement is
O $4,115,000 of which the Town of Dryden's share is not to exceed $81,477.00. The proposed
method of financing the Town's share to be employed by said Town of Dryden consists of
Page 10 of 14
TB 6 -11-03
payment of said Town's share out: of the surplus funds and current revenues in the Town of
Dryden Sewer Districts; and
WHEREAS, the implementation of this project: will be through a joint agreement with
the City of Ithaca and the Town of Ithaca.
NOW, THEREFORE, IT IS HERE13Y ORDERED, by the Town Board of the Town of
Dryden, Tompkins County, New York, as follows:
Section 1. A public hearing will be held at the town hall, 65 East Main Street, Dryden,
in said Town, on the 91:h day of July, 2003 at 7:1.5 o'clock P.M., to consider the aforesaid plan,
report. and map and the questions of the providing of said Joint Sewage Treatment
Phosphorous Removal Improvement project, and the question of executing any related
agreement, and to hear all persons interested in the subject thereof, all in accordance with the
provisions of Town Law § 202 -b and applicable provisions of the General Municipal Law and
Local Finance Law.
Section 2. The Town Clerk of the Town of Dryden, Tompkins County, New York, is
hereby authorized and directed to cause a copy of this order to be published once in the official
newspaper of the Municipality, and also to post a copy thereof on the Town signboard
maintained by the Clerk, not less than ten nor more than twenty days before the day
designated for the hearing as aforesaid.
Section 3. This order shall take effect immediately.
2" CSI Hatfield
® Roll Call Vote Cl Hatfield Yes
Cl Stelick Yes
Supv Varvavanis Yes
Cl ,Michaels Yes
With respect to the fire contract with Neptune Hose, Atty Perkins said the board should
discuss the request for the language to be added at the end of paragraph 1. of the standard fire
contract provisions. The way it: has read for many years is "the company will respond to any
call for the extinguishment of a tire, or to any call for its emergency rescue and first aid squad
occurring in the territory" (defined as the Town of Dryden Fire Protection District). The
proposal is to add after the word territory "for which the company is available to respond ". Cl
Michaels said he believed the fire department was concerned that if they were out on another
call that they are obligating themselves to respond even if they are somehow unable to respond.
He said that is not how he believes the contract reads and the proposed change doesn't
distinguish between them just deciding not to show up and being unavailable because they are
otherwise occupied in an emergency situation. He suggested that they add the words if not
otherwise occupied with emergency services. He said he is disappointed that this happened
after so many years and other departments being able to obligate themselves to emergency
calls. Supv Varvayanis said there is language in the contract already that would exempt them
if they were in the Village or fighting other fires. Atty Perkins said that is correct and the
former paragraph two did say that. However both sides had agreed to delete that. paragraph
because the substance of it is covered in the additional provisions paragraph two, which reads
'"The parties hereto recognize that the primary obligation of the company is for protection of
persons and property in the Village. In the event of a serious conflagration or other emergency
within the Village during which in the judgement of the Chief or other person in charge of the
company it shall be unwise to send men or equipment outside the Village, the Company shall
not be obligated while such emergency continues to answer calls from the Town of Dryden Fire
Protection District."
Page I1 of 14
`Cl3 6 -11 -03
0 Cl Michaels said that Mr Pinsky had made it clear during the meeting that when the
Mayor of Baldwinsville was not negotiating with the Fire Department, the Fire Department
stopped providing services to Baldwinsville. Cl Michaels asked if that meant that unless
Neptune got what they wanted under the contract they were going to stop providing services
and they said that was not at all what they were saying. He said that he did believe that was
what Mr. Pinsky was saying, but the members of Neptune said that was not at all what they
were saying, that they were a very dedicated group of people who want to volunteer their time.
Cl Michaels said that he believed Mr. Pinsky's reasoning for the language is that he wants them
to contractually be able to make themselves unavailable to provide services yet still get their
contract amounts, effectively creating a strike level position for the volunteer fire departments.
Cl Michaels said they didn't. spend a lot of time talking about it, but he said if they were really
adamant about it he would bring it to the board and see what they said, but he has some
strong concerns about it.
D Testut said he thought what Mr Pinsky had said was being misinterpreted. He
thought they meant that when Varna was at a structure fire, they could not respond to the
next structure fire and would have to call mutual aid. The way it is, Varna would be violating
their contract. if they didn't respond. They are trying to change it: so they can call another
department for a second call, trying to make the contract. flexible. Cl Michaels said he agrees
that is sort of the %vay Mr Pinsky is trying to state it, but the board has no objection to what Mr
Testut just stated. Atty Perkins said the territory is the district now, because Nir Pinsky
wanted all the Wiguage about territory removed (paragraph 2 that: was deleted in its entirety).
Cl Michaels said there are four departments that service the entire district, and obviously
respond to territory and have agreements as to who is going to respond where, and that makes
sense. He said he would support language that better covered the instance, but as written, he
has a problem with it. Atty Perkins said they could use some of the language from the
additional provisions (unless the company is prevented from doing so because of a. serious
conflagration or other emergency to which it has already responded). Board agrees.
Cl Stelick said he had received a call from Dana Abbey today and they had agreed to the
quarterly payments.
Atty Perkins said the other issue has to do with the language in paragraph 6(b) which
says in the event the company fails to furnish reasonably completed accurate reports in a
timely manner, the Town may withhold payments to the company until it: has complied with
such requirements. They wanted some kind of provision that if the Town didn't notify them
within 30 days that the Town had deemed to have accepted them and couldn't withhold
payments. He suggested that perhaps the paragraph could be deleted in its entirety saying the
Town had been receiving the reports and it didn't seem to be a problem for Neptune. If they
don't: submit the reports they would be in breach anyway. Cl Michaels said deleting it in its
entirety would probably be the easiest way to go. The board agreed it could be deleted, that the
contract itself provides enough protection.
Atty Perkins said the board should propose the alternative language for the end of
paragraph 1, delete 6(b), re- letter 6(c) to 6(b), and explain to them that our understanding is
that they can not do what they want with respect to the $10,000 for this budget year. Cl
Michaels said he would still leave it open to them to provide contradicting authority. Atty
Perkins said the other changes outlined in his memo, including the deletions, he does not
believe are substantive, that they add clarity where the fire department felt it %vas necessary.
Cl Michaels noted there were changes to the audit paragraph, that the Town was paying for it,
and the fire department would cooperate with the auditors.
Page 12 of 14
TB 6-114)3
is RESOLUTION #96 - AUTHORIZE CONTRACT WITH NEPTUNE HOSE
Cl Michaels offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby authorize the Supervisor to execute a
contract with Neptune Hose as outlined in a letter from Mahlon R. Perkins, Esq. and discussed
with the Town Board, including amending paragraph 1, deleting paragraph 6 (b) and amending
the language with respect to the audit, and when this contract is acceptable to Neptune and
their attorney, the other fire departments will be offered the opportunity to execute a similar
contract.
2nd Cl Stelick
Roll Call Vote Cl Hatfield Yes
Cl Stelick Yes
Supv Varvayanis Yes
Cl Michaels Yes
Atty Perkins said he had obtained copies of the Village of Dryden's contracts with
Neptune for 2002 -03 and 2003 -04 and there is a provision in them that states that any other
contract must contain a provision that they serve the Village first. He noted that the Village
increased their contract by the amount of 1 %.
TOWN CLERK
Board members have the Clerk's monthly report and 2003 tax collection reconciliation.
She noted that there was a sum of interest collected on the account and the County would
probably be looking for at least a, portion of that.
Cl Hatfield asked why the minutes in May were more condensed than normal. Those
were prepared by Deputy Clerk Kristin Strickland. B Hollenbeck asked whether there was
something he would like expanded and Cl Hatfield said that perhaps the discussion with Doug
Cotterill on May 7 should have been expanded. Board decided to approve them all with the
exception of May 7, 2003.
RESOLUTION #97 - APPROVE MINUTES
Cl Michaels offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves the minutes of the following
meetings: March 5, 2003, March 12, 2003, April 2, 2003, April 9, 2003, May 2, 2003 and May
14, 2003.
2jia Cl Stelick
Roll Call Vote C1 I•Iatfield Yes
Cl Stelick Yes
Supv Varvayanis Yes
Cl Michaels Yes
B Hollenbeck presented board members with information regarding fees charged by
other municipalities in Tompkins County for dog licenses and marriage licenses. The board
reviewed the information and after discussion decided that new fees will be: $20.00 for an
unaltered dog, $10.00 for an altered dog, and $25.00 for marriage licenses. Atty Perkins will
prepare the appropriate paperwork.
Page 13 of 14
TB 6 -11 -03
There was someone interested in doing a dog enumeration, and on investigation it was
discovered that for them to obtain the appropriate insurance the fee would be $1,674. John
Bailey of Bailey Insurance has advised that they could be added to the Town's policy as an
additional insured at: no additional charge to the Town. Atty Perkins will prepare a contract
which says that they are independent contracts and that they agree to defend, indemnify and
hold the Town harmless.
ZONING OFFICER
Board members have monthly report. Kevin Ezell reported that the intern hired to do
the scanning for the new zoning program is doing well. We should still look at purchasing a
snap server and backup. Estimates are $3,300 to $30500.
K Ezell would like to attend the ICC Code Hearing Council in Nashville in September.
The Code can now be changed by the regulators, by code officials discussing and then voting
on proposed changes. There are sixteen different changes being proposed by New York State,
two having to do with basements and clarification of that in residential situations. K Ezell
would like to speak on that issue. He would attend two days of the conference and is asking
the Town to reimburse a portion of the expense to attend. (A portion because he will combine
it with a family vacation.) Supv Varvayanis said he felt it was important for the Town to show
support for its employees when they want to broaden their horizons and be involved
inprofessional organizations. Cl Michaels said he was in support: for the same reasons. The
board asked that K Ezell and ZO Slater get some figures together and make a recommendation.
Cl Michaels said he would like to authorize an amount of money and allow the Zoning
Officers to purchase the snap server and backup.
RESOLUTION #98 - AUTHORIZE FUNDS FOR SNAP SERVER & BACKUP
Cl Michaels offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby authorizes the expenditure of up to $4,000
for the purpose of purchasing a snap server and backup system for the zoning program,
subject to approval of the Supervisor.
2nd Cl Stelick
Roll Call Vote Cl Hatfield Yes
Cl Stelick Yes
Supv Varvayanis Yes
Cl Michaels Yes
Cl Michaels
suggested that
they
look into getting a terminal
services license which
would allow employees to securely
sign
on to internal services from
home.
There being no further business, on motion made, seconded and unanimously carried,
the meeting was adjourned at 10:25 p.m.
Respectfully submitted,
Bambi L. Hollenbeck
Town Clerk
Pagc 14 of 14