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HomeMy WebLinkAbout2003-08-06TE 08-06--03 TOWN OF DRYDEN TOWN BOARD MEE'1 hVG August 6, 2003 Board Members Present: Supv Marls Varvayanis, Cl Charles Hatfield, Cl Stephen StcTick, Jr., Cl Christopher Michaels, Cl Deborah Grantham Other Elected Officials: Bambi Hollenbeck, Town Clerk .lack Bush, Highway Superintendent Other Town Staff- Mahlon Perkins, Town Attorney Henry Slater, Zoning Officer David Putnam (TG Millers), Town Engineer Supv Varvayanis opened the meeting awl 7:10 p.m_ Board members and guests participated In the pledge of allegiance. O Slater reported that representatives of Crown Castle had contacted him lash week and asked to be taken off the agenda for this meeting. They will advise ZO $later when they are ready to proceed urfth their application. PUBLIC BEARING PROPOSED AMENDMENTS TO DOG CONTROL ORDINANCE Supv Varvaya.n.is opened the public hearing at 7:12 p.m. and Tawas Clerk read the notice published in The Ithaca Journal on July 25, 2003. There were no comments or questions from board -members or the audience and the public hearing was left open_ Town Board reviewed the long form SEAR document for The Virgil Creek Stabilization Project._ The length of the project has been increased by 1,000 feet and the SEQR document was revisited because the scope of the project had changed_ Ilse only change from the previous document was the length of the project and the acreage 3e eage acted. They 'had originally not planned to go snuth of the gas main crossing, but the frank protection around the gas maul is starting to fail and so they will W) .south of that and try to prevent further erosion_ There were no questions or mom menin from hoard members or the audience. Board members have the Town Clerk's monthly report. B Hollenbeck reported nothing out of the ordinary for the month. B Hollenbeck attended a meeting in the Town of Groton last evening about wrvices. provided by the SPCA. The Towns of Groton, .Dryden, Lansing std Ithaca were represented and met faith four members of the Board of Directors of the SPCA_ The SPCA was made aware of problems that the municipalities have had with enforcement of local ordinances. They will meet with the Executive Director of the SPCA as well as the enforcement. officers and Provide a preliminary course of action by August 12, 2003. Dryde-n's contract expires at the end of this year. The SPCA was made aware that there had been discussion among some of the municipalities about hiring a dog control officer and contracting for shelter services. Supv Varvayanis said most of the other Town's contracts expire next year and he would be willing g u} extend the Town's contract for up to a year while a new cerILTact was negotiated. Page I of 13 e .y T5 08m06 -03 Supv Varvayanis asked whether there were any questions or comments on the propcasnd changes to the dog control ordinance. There were none and the public hearing was closed at 7:30 p -m. RESOLUTION #1 18 - AMEND DOG CONTROL ORDINANCE Cl Grantham offered the fallowing resolution and asked for its adoption: RESOLVED, that this Town Board hereby amends the Town of Dryden Dog Control Ordinance (enacted June 13, 1978, and amended October 2, 1979, and December 11, 1984) as follows: 1- Secfiort .11 is hereby renumbered to be Section 10 to read as follows: "Section 10. License Fees. (A) Pursuant to the provisions of Agriculture and 11+1r,,rkets Law §110(4)(x) the additional fee to be collected by the town clerk, in a►d.dition to those set by Agriculture and Markets Law §110(1) shall be- (a) $9.50 for each unspayed or unneutered clog; and (U) $7.50 for each spayed or neutered dog- (l3) Pursuant to the provisions of Agriculture and Markets Law §110(a) the additional tee to be leollected by the town clerk, in addition to those sell by Agriculture and Markets Law § 110 (2) shall be $15.00 for each purebred license. " . A new Section 11 is hereby unaeted to read as follows: "Section 11- Irnpou- ndment Fees. Pursuant to the provisions of Agriculture and Markets Law §118(4) the impoundment fees to be paid by the owner of any dog in the Town of Dryden mixed by any Dog control Officer, police or peace officer shall be: A. Tweniy -five dollars ($25.00) for the first impoundment of any dog owned by that person, B. Fifty dollars ($50.00) far the first tuTenty -tour hours or part thereof and ten dollars ( 10 -00) for each additional twenty -four hours or part thereof for the second impoundment, within one year of the first impoundment, of any dog owned by that porsun- C. Seventy -five dollars ("75.00) for the first twenty -four hours or part thereof and ten dollars ($10,00) for each additional twenty -four hours ar part thereof for the third and subsequent impoundments, within one year of the first impoundment, 01 rany dug awned by that person." . Section 10 is hereby renumbered to be Section 12 to rlead as follu s: "Section 1. Effective Date- This ordinance shall take effect upon adop #on and publication as provided by law." 12"d Cl Hatfield Roll Call Vote Cl HaifL1d Yes Cl Stelick Yes Sapv Varvayanis Yes Pagc2of]1 TB 08 -06 -03 Cl Michaels Yes Cl Grantham Yes Cl Grantham said she thought the long SEQR form for the Virgil Creek Stabilization project looked fine. RESOLUTION # 119 - NEG SEQR DEC - VIRGIL CREEK STABILIZATION PROJECT Cl Grantham offered the following resolution and asked for its adoption: RESOLVED, that this Town board does hereby issue a negative declaration based on the SEQR review. This is an unlisted action and the Town of Dryden is the lead agency in uncoordinated review. The Supervisor is authorized to sign all necessary documents. 2nd Cl Stellck Roll Call Vote Cl Hatfield Yes C1 Stelick Yes Supv Varvayanis Yes Cl Michaels Yes Cl Grantham Yes Cl Grantham explained that she had asked Atty Perkins to prepare a proposed local law changing the position of Highway Superintendent from elected to appointed. Atty Perkins said the proposed local law was exactly as it was prepared in 1998. In 1998 the Local Law was adopted by t:he Town Board and went to public referendum cohere it was not passed. Cl Grantham said citizens had requested again that they be given an opportunity to vote on an appointed Highway Superintendent, so she had asked Atty .Perkins to rewrite the local law for 2003. If the local lacy is introduced, a public hearing set and the local law passed by September 3, it would have to go to the Board of Elections by September 4 in order to get on the ballot for November. Cl Grantham would like to introduce the local law and set a public hearing. Atty Perkins provided board members with a copy of Town Law §20 which the board would be modifying if they adopted the local law. As written the local lace would be effective immediately if the referendum passed. Supv Varvayanis noted that the Highway Superintendent's term expires 12- 31 -05, and asked ghat the local law be amended to have an effective date of January 1, 2006, Cl Michaels asked what is hoped to be gained from this proposal. Cl Grantham said people who have spoken with her have talked about accountability to the Town Board and a better working relationship with the Town Board. She read an e-mail from Dawn Potter of 1892 Slaterville Road: I write to strongly endorse the effort to change the Town Highway Superintendent from an elected position to an appointed one. I believe that this change would be a positive action for the Town of Dryden, and would give the Town Board more authority to guide and manage t:he considerable sum of highway department funds that the taxpayers have entrusted our Town Board with. I am confident that should the position be an appointed one instead of an elected position, the "appointed" Town Highway Supervisor and the Town Board members could work more closely together and in a more harmonious fashion. This result could only be beneficial for everyone of the Town of Dryden. Cl Hatfield said he thought: the voters would like to choose the Highway Superintendent. Cl Grantham said the Board could pass the local law and it would go to residents for a vote and since they've been asked by residents in person at the last Town Board meeting she thinks they should go ahead and give them an opportunity. Cl Hatfield asked if O they were doing it for two or three people and Cl Grantham said if only two or three people vote for it then it won't get passed. Cl Hatfield said it seemed like a waste of time. Supv Varvayanis Rige 3 of l3 TB 08 -06 -03 said that right after the last time it came up, in 1998, the person who was elected Highway Superintendent: stropped showing up for work and didn't shoe* up for work again for two years. is He said the town residents may have learned something about what the Tourri Board can do with an elected official; that it is not just a theory that an elected official may not show up; it happened here and there was nothing the Board could do. Martha Robertson eked how the new Highway Superintendent: would serve and Supv Varvayanis responded it would be at the pleasure of the board. Peter Davies of the Snyder Hill Road urged the board to put the referendum on the ballot and said that the last time it was on the ballot he voted against it because the issues had not been brought to his attention. He has spoken to a lot of people who are in the same situation. He said they have been made aware of the fact: that this is a major expenditure for the Town and the board apparently has little oversight. He said the board should have oversight of the expense and the person who is responsible for spending the money. Supv Varvayanis said he had voted against: it: in 1998, that he did understand that it was physically possible that a guy would not show up, but he didn't think it: would happen. L Stelick asked if the local law passed, would there be a hiring process or would the person be hired by the Supervisor or Town Board. She asked if the law passed would the control of the funds be different than it is now. Supv Varva_yanis said they would not have more of a direct control on the way the Highway Superintendent spends the money, but they would have more control over his employment, so if they didn't like the way he spent th.e rnoney he would realize that his employment was in jeopardy. L Stelick asked what kind of protection the person employed would have. Cl Grantham said they would have to be dismissed for cause, the same as any other employee. L Stelick asked whether they would be protected by civil service or whether it would be at the whim of the board. Supv Varvayanis said he believed it would be under whim of the board. Atty Perkins said the board would have to have cause but he wasn't sure they would have to have a Civil Service Lau §75 hearing. It may be subject to review in an Article 78 proceeding by the employee. Martha Robertson said she had received a letter from a resident on the western side of Town who wrote, 1 am completely in favor of this proposed change. I see this as an opportunity for the people (taxpayers) through their elected representatives to exercise some reasonable control over these very important and costly issues, not to mention some protection from some of the questionable behavior demonstrated by the present Superintendent. People are generally very willing to listen to views, even painful ones, about change, but they need to have some outlet for this and some feeling of cooperation, rather than being dictated to. This change will go a long way toward that." M Robertson said that this would be a step toward professional.i.zation of the job. The Town of Ithaca previously had an elected Highway Superintendent and changed it to an appointed position. A job description and qualifications could be written that are known and. public, and it can go through an interview process. Like any other employee, they would be judged on their merit and experience. She said that the present Superintendent: could apply for the position and with his experience he may be the one most qualified for the job. She said that the current relationship is awkward; the Town Board can vote on the budget, but other than that the Board is in an awkward position with respect to citizen disagreements. Cl Michaels said that the tension that exists now in the law is intentional, much the same as the Federal government has a balance of power in terms of a legislative and an executive branch. That is how the power in these positions are divided. An elected official is responsible for executing and administering, and the Town Board, similar to Congress, has power of the purse. There is an agreement to be executed and agreed upon each year bet%veen the Highway Superintendent. and the Town Board in the funding process. He sees more detail Pagc 4 of 13 TB 0&06 -03 ® provided in that agreement now as a consequence of the Town Board executing it's job with greater attention to some of the issues that have come up. He said the concept of an appointed Superintendent makes him nervous because it would be basically throwing all of the power back into one place and he's not sure that's a good thing. The power to terminate is a pretty substantial power over the execution of somebody's position. M Robertson said it would be more accountable to the taxpayers because every two years three board members would be up for re- election, so taxpayers would not have to wait four years if there is a problem with the Highway Superintendent. She said this would bring it closer to the people and make it more professional, Peter Davies said that Cl Michaels was talking as if it were two legislative branches and it is not. He said they are dealing with a legislative branch and a technical position, and it is much more logical to have a technical person appointed because should there be in the future a change in the position, you could get applicants from a distance who have the appropriate qualifications and not necessarily right on the site at election time. Cl Grantham said she received a phone call from Bob McGuire on Whiffed Road who could not attend the meeting tonight to say that he and his wife are strongly in favor of an appointed .Highway Superintendent, She said the matter should be sent to the voters and let: them decide. Cl Stelick said that every name and address in favor of an appointed Superintendent seem to be coming from the west side of Town. He asked M Robertson to find some people on the east side of town that might have some complaints about the position, because he has not heard any personally. She said there was a. suit from a resident on Springhouse Road. Supv Varvayanis said he wanted to current Highway Superintendent. The law would not take effect until January of 200E Town Supervisor would have gone through by the law. He wants it clear that this is a about any individuals. make clear that they are not talking about the they are talking about as it is currently proposed i. The entire Town Board would be re- elected, the two elections. No one in the room may be affected theoretical discussion and they are not talking M Robertson said there may be people, even on the eastern side of town, who may be interested in having the position, but aren't interested in running for elective office. Running for an office is often a barrier, keeping qualified people from putting their name forward. It is also possible there may be interest from people who live outside the Town of Dryden. What they are looking for is somebody with technical qualifications that can be fairly judged, and she said elected officials. don't necessarily have to have qualifications. It's something that people on the west side are aware of because of actions that have happened during this term. Cl Grantham said the local law needs to be introduced, and that is the vote on the floor now. Then a public hearing will be set and the vote on passing the local law has to happen by September 3 in order to put it on the ballot in November. Cl Hatfield asked for the vote to be called. RESOLUTION # 120 - INTRODUCE PROPOSED LOCAL LAW CHANGING THE POSITION OF HIGHWAY SUPERINTENDENT FROM ELECTED TO APPOINTED Cl Grantham offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby introduces the following proposed local lal%v: Section 1. The town superintendent of highways shall be appointed by the town board. This local law supersedes the provisions of Town law §20(1)(a). P.jge 5 of 13 TB 08 -066 03 Section 2. A superintendent of highways appointed by the town board shall serve at the pleasure of the town board. Section 3. This local law* is adopted subject to a mandatory referendum to be held at the next succeeding general election of State or local government officers and shall become effective if approved at such election by the affirmative vote of a majority of the qualified electors of the Town of Dryden voting upon the proposition and upon filing with the Secretary and shall take effect January 1, 2006. 2nd Supv Varvayanis Roll Call Vote Cl Hatfield No Cl Stelick No Supv Varvayanis Yes Cl Michaels No Cl Grantham Yes Supv Varvayanis said that Cl Hatfield had voted yes in 1998 and asked him what had changed. Cl Natfield replied that was how he felt today. Cl Grantham said she thought: it: was a shame that it would not go to the voters for their decision. Peter Davies said he found it rather ridiculous that when citizens come and ask for an item to be decided by a general referendum, the majority of the Town Board tell them they can't do it. 'Phis is a not a situation where they are asking the Board to make a decision, they were asking for the citizens to decide. To the three who voted against it, he said "shame on you." Zorika Henderson said that Cl Stelick made it: sound as if the west side of town were second class citizens or something. She said the town hall is on the east side and people know each other well, and they feel as they matter at tax time, but don't: matter at other times. Cl Stelick said everyone has an opinion, and just because he lives on the east: side doesn't mean that he represents just the people on that side of Dryden. He has been involved with issues for two years and listened to the opinions and read the e- mails, and his vote is based on what he thinks is best for the people of Dryden. People vote every four years, and he would rather have 1,000 people vote for some person than five elected officials make the appointment. He has talked with a few people about the matter who tend to agree, and he is not saying it is the best opinion, but that is what his vote is based on. It has nothing to do with cast or west. He said it has nothing to do with who is in the position, he believes it needs to be an elected position. He said the Town Board can shut down the funding for the Highway Department if there is a need to, and he x%U make his decisions on what is best for the Town of Dryden and the majority of the population regardless of where they live. He said he is hearing a vocal minority. M Robertson asked how he lmew it was a minority, the purpose of this was to bring it to a vote, and he replied it was because he hadn't seen anything differently, Supv Varvayanis said that M Robertson's point was that if all five members of the board approved this, as they did in 1998, it goes to a referendum and if it is a minority, nothing happens. Cl Stelick .said if it passed in a referendum, the position of H.ighwTay Superintendent would be decided by five people and he disagrees with that. He does not believe five people should make that decision. M Robertson said that he could then campaign against it at referendum tithe, but the point is this is an opportunity for citizens to actually think about the issues and express their opinion. She said the three citizens who voted against introducing the local law didn't trust. the judgment of the citizens. Cl Stelick said the people did vote, that when you have someone run against an incumbent that is the choice of the Democrats or Republicans. If you don't have someone run, then "shame on you ", you need to have someone available. Page 6 of 13 TB 08 -06 -03 ® Peter Davis asked when you have an election, who are you going to get to stand who is a qualified highway engineer beyond the current person in the position. He said you won't: have qualified person, but by appointment if there is a search you can get a qualified person. He said an election is not an appropriate place to find a qualified person. Cl Grantham said that introducing the local law would have led to a public hearing where a lot of this discussion would have taken place and we may have heard from other people who wanted the position to remain elected, but now the public hearing will not be held and there will be no vote; that five people just made a decision. Milo Richmond said all they were asking for was an opportunity to let the people decide how they feel about this particular position. He said he feels there are good points to be made for having this an appointed position, and there may be good reasons at other places and other times for an elected official. They feel there ought to be an opportunity for the people to decide whether they want to change it or not. To Cl Stelick he said you are saying you would prefer to have the five people sitting here tonight make that decision and it is interesting how he can use the argument for his way and not use it for their way. Cl Stelick said the people voted for an elected official. M Richmond said that the board some years from now attempting to choose a person for the job, may choose the current Superintendent. He said it is a question of what would be an appropriate thing to do, what would be a possible resolution to this that the people could have a voice in. M Robertson said she felt it was unfortunate that Cl Stelick made a point that the letter she read came froze, Ellis Hollow. Cl Stelick said that he knows she represents a certain area. M Robertson said let's have a public hearing. The Supervisor lives on the eastern side of Town and he voted for it, and Cl Michaels lives on the western side and he voted against it. ® Sharon Anderson, representing the Cayuga Lake Watershed Network, said she had received a grant through the Tompkins County Foundation to offer some programs to municipalities in Tompkins County. She presented an overview of the program, called "LEAPE", Locally Led Education and Action for Protecting the Environment. The program was developed through Cooperative Extension. The intent of the program is support local government because local government has a lot of responsibilities that are involved with environmental management, and affect water quality. The program provides background information on non- point source pollution, introduces paper and electronic resources and offers management options. This will assist in road construction and maintenance, dealing with erosion issues, ditching, protecting bridges, etc., and protecting drinking water. The program will do an introduction on non - point source pollution and talk about management options. They look at an indepth, browser -based system to look at particular topics and look at paper maps and other resources such as a soil survey. They will do a series of workshops in Tompkins County over a three year period. They have worked with Lansing, Caroline, Newfield, Ulysses, the Village of Trumansburg, and Enfield. The intent is to do a 4 hour workshop at the Town's convenience. It is targeted toward Planning Board members, Town Board members, the Conservation Advisory Committee, and can be open to interested citizens. There is a lot of hands-on training, with maps and laptop computers. They would like to combine the Town of Dryden's training with the Village of Freeville, and they would like a liason from the board to assist with setting up the training, etc. They would like to do the training in the early Fall. Cl Michaels said he would like members of the Planning Board and Zoning Board of Appeals to attend if they were interested. B Caldwell, Planning Board Chair, said she thought this would be an excellent addition to their training. Supv Varvayanis will serve as liason. Slater said there was a vacancy on the Zoning Board of Appeals due to the death of Nick Lamotte who had served for 19 years, 0 Z and he has received a resume/ application from Page 7 of 13 TB 08 -06-03 Paul Lutwak who is interested in serving on the ZBA. His interest was sparked after an appearance before the ZBA recently. 0 RESOLUTION #121= APPOINT ZBA MEMBER - LUTWAK Cl Michaels offered the following resolution and asked for its adoption: RESOLVE, D, that this Town Board hereby appoints Paul Lutwak to serve as member of the Zoning Board of Appeals to fill the unexpired term of Nick LaMotte (term expires December 31, 2003). 2nd Cl Grantham Roll Call Vote Cl Hatfield Yes Cl Stelick Yes Supv Varvayanis Yes Cl Michaels Yes Cl Grantham Yes Cl Grantham said Town Board had accepted the Open Space Inventory prepared by the Conservation Advisory Council, and the Board now has the option of converting the Conservation Advisory Council to a Conservation Board. This Board could do environmental review for the Town Board, Planning Board and Zoning Board of Appeals. Atty Perkins has prepared the local law that would, if passed, convert the CAC to a Conservation Board. Cl Michaels asked if they would have decision making power, and Atty Perkins said it would be strictly a reporting function and would be limited to when there is an application to be acted upon that involves one of the open areas listed on the Open Space Inventory, so it: would not be every application that comes to the Town, but only when the application affects an open area listed on the Inventory. Cl Michaels the local law provides for a 45 day review period in which the board will submit a written report which isn't necessarily binding, but: is for consideration by the decision making body. Cl Grantham said she thought if they made recommendations it could only bedisregarded by a two- thirds vote. Atty Perkins said was not the case, and in adopting this local law they have some discretion such as snaking the review period 60 days or requirir, a super majority. Atty Perkins said this local law would cover each application received by the Town Board (special permits), Planning Board, ZBA and even the issuance of building permits if it involves an area shown on the Open Space Inventory. Cl Grantham asked M Richmond if 45 days Nvas a reasonable amount of time to produce a report and he replied that he couldn't speak for the entire CAC, but he thought that 45 days would be fine and 60 days seemed to be too much time. RESOLUTION # 12#►- INTRODUCE LOCAL LAW DESIGNATING THE CONSERVATION ADVISORY COUNCIL AS THE CONSERVATION BOARD Cl Grantham offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby introduces the following local law and sets the public hearing for the same for September 3, 2003, at 7:00 p.m.: A local law designating the Conservation Advisory Council as the Conservation Board Section 1. HISTORY. Local Law No 4 of the year 2000 adopted by the Town Board of the Town of Dryden created the Toum of Dryden Conservation Advisory Counsel (CAC). The Rage 8 of 13 T 3 08 -06-03 ® CAC prepared and filed with the Town Board the Open Space Inventory of the Town of Dryden dated May 15, 2003, By Resolution No. 92 (2003), the Town Board accepted and approved the open space inventory as the conservation open area inventory and open space index of the Town of Dryden. Following such acceptance and approval, General Municipal Law Section 289 -y permits the Town Board to designate the CAC as a Conservation Board. Section 2. REDESIGNATION. The CAC established by Local Low No. 4 of the year 2000 is hereby designated the Town of Dryden Conservation Board ( "Conservation Board "). Section 3. .PURPOSE. To further assist the Town in the development of sound open area planning and assure preservation of natural and scenic resources on the local level, the Conservation Board shall review each application received by the Town Board, Building and Zoning Department, Planning Board, Zoning Board of Appeals, or other administrative body, including the Site Plan Review Board, when an application seeks approval for the use or development of any open area listed in the open space index. The Conservation Board shall submit a written report to the referring body within forth -five (45) days of receipt of such application. Such report shall evaluate the proposed use or development of the open area in terms of the open area planning objectives of the Town and shall include the effect of such use or development on the open space index. The report shall make recommendations as to the most appropriate use or development of the open area and may include preferable alternative use proposals consistent with open areas conversation. A copy of every report shall be filed with the Town Board. All such reports shall be available for public inspection. Section 4. ADDITIONAL DUTIES. The Conservation Board shall perform such additional duties as may be assigned to it by resolution of the Town Board. Section 5. CONTINUATION. The Conservation Board shall continue to exercise the functions and responsibilities heretofore granted to the CAC. Section 6. EFFECTIVE DATE. This local law shall take effect upon filing with the Secretary of State. 2nd Cl Michaels Roll Call Vote Cl Heatfield Yes Cl Stelick Yes Supv Varvayanis Yes Cl Michaels Yes Cl Grantham Yes Atty Perkins explained this would allow the Board to refer to the Conservation board environmental impact statements and long environmental assessment forms and have them comment on them prior to a board meeting and the Town Board could then refer to their comments and adopt them. Cl Grantham has sent an e-mail and proposed resolution to board members having to do with the Phase II Stormwater Regulations which the Town is subject to. A Notice of Intent was sent to Albany. All the municipalities in Tompkins County (10 including the County) are subject to these regulations. The DEC has funding and authority to say whether municipalities are meeting their obligations and one of their criteria for funding and approval of actions taken for managing stormwater is whether there is cooperation with other municipalities in the area. 'Mere was a. meeting July 26 and one of things they agreed to do was write another application for funding from the Environmental Protection Fund to pay for some of the activities necessary under the regulation. Each municipality has to sign on to that and include a resolution in the application for funding. Page 9 of 13 TS 08 -05 -03 RESOLUTION # 123 - MUNICIPAL COOPERATION FOR PHASE II STORMWATER REGULATIONS FUNDING APPLICATION 0 Cl Grantham offered the following resolution and asked for its adoption: WHEREAS, Phase II Stormwater Regulations have been promulgated by the US Environmental Protection Agency and the New York State Department of Environmental Conservation; and WHEREAS, the Town of Dryden is part of the. urbanized area of Tompkins County and is a Municipal Separate Storm Sewer System (MS4) as defined by the Phase 11 Stormwater Regulations; and WHEREAS, the Phase 11 Stormwater Regulations require that all MS4s implement: a Storm Water Management Plan (SWMP); and WHEREAS, the MS4's are strongly encouraged by the New York State Department of Environmental Conservation to collaborate in SWN? implementation, including applications for funding; and WHEREAS, the New York State Department of Environmental Conservation has issued a Call for Applications for funding that may be used toward SWMP implementation, NOW, THEREFORE, BE IT RESOLVED, that the Town of Dryden will cooperate with other municipalities and school districts in the urbanized area of Tompkins County in seeking funding and implementing SWMPs and other activities relating to the control of storm water impacts on water bodies. 2nd Cl Michaels 41 Roll Call Vote Cl Hatfield Yes Cl Stelick Yes Supv Varvayanis Yes Cl Michaels Yes Cl Grantham Yes There is 3.4 million. dollars available statewide and about 20 urbanized areas that have groups of MS4s in them. They will apply for about $250,000, to do among other things, mapping of all the drainage systems in the County (streams, roadside ditches, etc), to do education and develop educational programs, and they want to put in a demonstration project that is some sort of detention /retention device that would capture runoff from a hilly, rural road and use it as an educational device as well as a functional device. The application will be made through Tompkins County Soil &. Water. Milo Richmond offered to help with the application. Also in this application you can apply for funding for a salt storage shed, and Craig Schutt has offered to help with that. C1 Michaels said a form of petition had been received from residents of Hunt Hill Road. Twenty -three residents are requesting the following work be done on the Road: Remove all loose pieces of pavement, rock and dirt; repair all potholes and delaminated surfaces with smooth pavement; replace all current uneven patches with a smooth surface; restore and repair the road margins. Residents will present the signed petition next week. This road was on the 284 Agreement, and Jack Bush said that. does not preclude him fisting potholes and making general repairs. He said there is a lot: of distress there from drainage issues; any work done will only be a bandaid. Cl Stelick asked if he had planned to do the work before the residents brought the issues to the board and he replied that he had and had stated a few months ago that something would need to be done. He has been trying to coordinate with the Page 10 of 13 TB 08 -OG -03 work with County to use a piece of equipment they have that grinds up sections of road. They will box out the bad is sections and patch them. He hasn't heard from the County yet. Cl Michaels said that it was his understanding that we were conducting an engineering study of the whole road, and part of what was necessary for that was a fly over before the trees leaved out in the spring. That did not occur, so it will have to wait until fall before snow. Supv Varvayanis asked approximately how much it would cost to make repairs. J Bush said he would have to make some measurements before he could give a good estimate, but that it would be expensive. He does not like the idea of having to bandaid it, but at this point feels it is the only option. In the future drainage issues will have to be addressed, including drain tile in areas, and there are brush issues in areas. The granular base needs to be stabilized. Crossover pipes need to be replaced. He is hoping to be able to start repairs on August 18, but has not confirmed it with the County yet. I-Ie encouraged the residents to do a petition because he wanted the board to know there was support. for fixing the road. M Walbridge, Hunt Hill Road, that supported resurfacing and work mulching the trees. She said the pec current surface and the law suit has wants to be on record that they have years when they talked to Jack back said she brought a petition to the Town Board in 1999 on the road, just not widening the pavement and �ple in the lacy suit have never been against repaving the not prevented repaving between the two ditches. She not been against repaving the current surface for four in 1999. Cl Michaels said that the theory on how this road is to be done, getting an engineering report., having a very detailed spec on what work will be done well in advance, and lots of time for the public to comment. Unfortunately, the road had deteriorated faster than that could happen. Rather a simple entry on a 284 Agreement, this was going to have a very detailed scope of work. The attempt was to be able to provide more detailed information to the residents. He said the way the Town Board and the Highway Superintendent have been working on this project is an example of how it can work in a positive way, and hopefully when the project is complete the residents will agree. Supv Varvayanis again read the requests of the residents listed on the petition. He asked whether the residents present wanted to see those four this happen and Floyd Ayers said yes. Cl Stelick said that the recreation Commission had received a letter of resignation from Marty Wilson, and that they had an application from Russ Kowalski who would like to replace him. RESOLUTION # 124 - APPOINT RECREATION COMMISSION MEMBER - KOWALSKI Cl Stelick offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby appoints Russ Kowalski to the Recreation Commission to fill the unexpired term of Martin Wilson (term expires December 31, 2005). 2r,d C1 Michaels Roll Call Vote Cl Hatfield Yes Cl Stelick Yes Supv Varvayanis Yes Cl Michaels Yes Cl Grantham Yes Page I l of 13 TB 08 -06 -03 A first meeting was held with Hunt Engineers on the Cortland Road Water and Sewer Districts. They reviewed the boundaries of the proposed district and discussed options such as working with the Village of Freeville or Dryden or the George Junior Republic. Hunt will provide an update in a few ureeks and the final report is due in middle October. Supv Varvayanis said the contract with Hunt had been approved by the town attorney, but he wanted the board to be aware that they carry two million in liability insurance and the Town's policy has been to require three million. The board agreed to accept: two million limits, and Cl Grantham said the board needs to revisit that policy because they seem to waive the requirement 90% of the time, lt: should perhaps be reviewed on a case by ease basis. Martha Robertson reported that Steve Whicher, the County Administrator, has received all requests from County Departments, and if the budget went: through as requested, it: would mean a tax rate increase of 46 %. She said the mandates alone equal a 14.9% tax rate increase. These are things that have to be paid to recipients of benefits. She noted that over - target requests by Health & Human Services increased by about 16% and this was due to increases in payroll contracts, retirement and fringe. The Board of Reps directed Steve Whicher to review the budget and bring back a budget with a 50/o increase. This will mean very, very deep cuts in areas where the County has discretion. She said last year's tax levy reflected a cut of over $2,000,000 in the programs over which they have local control, and if it hadn't been for state mandates, the tax rate would have been cut last year. Supv Vaivayanis pointed out that the assessment went: up 71/o and asked whether they had directed S Whicher to come back Nvdth a 5)% tax rate increase or 5% levy increase. M Robertson replied they had asked for a 5% tax rate increase, and they iuiderstand that could mean a greater increase in the amount of property taxes for some people. They don't know the details of what will be cut, but it will mean very serious cuts in programs. M Robertson said that the Health and Human Services Committee had addressed the matter of the Recreation Partnership. There is a 15- 1110nt ;h exit clause in the agreement. The soonest. the County could pull out would be January 2005. After a long discussion, the committee voted 4 -1 to continue as a member of the partnership under the cost sharing formula that was approved by the Rec Partnership Board in July so that the County's cash payment will be $38,110 and in kind staff support (which next year will be about $11,000). In July the other partners agreed to share the $9,528 (a previous one -time funding by the County). Dryden's share of that will be $910. They had discussed giving notice and pulling out of the partnership, but there was a strong feeling that the County's role is important in keeping the partnership going. The recommendation of the Committee will be presented to the full legislature on August 20. Some feel that a case can be made that $38,000 is leveraging $170,000, that it maintains a hard - fought partnership among the municipalities and it: is important to keep it going. M Robertson said that the budget approved by the Recreation Partnership includes fee increases, program cuts, and star cuts, but they have maintained the most important programs and plan to do some serious fundraising. Cl Stelick said he appreciates Martha's efforts and will be supporting the partnership as long as the Town can afford to. Cl Stelick asked if the figure for public safety included the funding for boarding out of inmates once the temporary variance has expired. She said she thought it included about $300,000 for boarding out. There was a design meeting with the architects about renovating or expanding the jail. There are a lot of issues with existing space being inadequate. They looked at four options, eliminated one, and asked them to come back with figures on another option. They are trying to make this decision with a 20 -yeas horizon, and there are many ways to interpret the information on population and the projected jail population. They have been told Page 12 of 13 TB 08 -oG -03 that the variances will expire, but are in hopes that they can be continued if the County shows that it is working toward resolving the problem and redesigning or expanding the building. On motion of Supv Varvayanis, seconded by Cl Stelick, and unanimously carried, the board adjourned to executive session to discuss the employment history of a particular individual at 9:28 p.m. 'There was no action taken, and on motion made, seconded and unanimously carried, the meeting %vas adjourned at 10:10 p.m. Respectfully submitted, Bambi L. Hollenbeck Town Clerk Pagc 13 of 13