Loading...
HomeMy WebLinkAbout2003-08-13T6 8 -13 -03 TOWN OF DRYDEN TOWN BOARD MEETING August 13, 2003 Board Members Present: Supv Mark Varvayanis, Cl Charles Hatfield, Cl Stephen Stelick, Jr., Cl Christopher Michaels Absent: Cl Deborah Grantham Other Elected Officials: Bambi Hollenbeck, Town Clerk Jack Bush, Highway Superintendent: Other Town Staff: Mahlon Perkins, Town Attorney Henry Slater, Zoning Officer David Herrick (TG Millers), Town Engineer Supv Varvayanis opened the meeting at 7:05 p.m. RECREATION DEPARTMENT Jennifer Glaab provided the board with a financial report. Dryden Old Homes days _ went well and those who attended enjoyed themselves. Boat rentals were free to the public for the weekend, ($75 /day paid by Dryden Old Home Days). Music in the Park concerts are going �0 well. Over 500 people attended the Steve Southworth & the Rockabilly Rays concert. Tink 1 Bennett &. Tailor Made are scheduled for August 20, and August 27 will be Ruben Everidge and the SanAntones. Boat rentals are going well, but were closed last week due to a death in the family of Kristi Gallerani, the boat rental agent. Her last day will be August 24, and they are looking for (% someone to take her place. A double kayak will be available this week. Summer baseball and softball is over. Dryden held their first annual tournament, with Dryden taking first at the "13" level and second at the "A" level. Football and cheerleading will begin next week. 63 are registered for junior and senior football, 16 for flag football, and 75 for cheerleading. A Pepsi Punt, Pass & Kick competition will be held September 6 at 10:00 a.m. at the Middle /High School, and is open to girls and boys ages 8 -15. Winners will be eligible to compete in sectionals and possibly at the team championship level. The Recreation Partnership Board voted on July 22 for a zero percent increase, meaning the total municipal contribution for 2004 would be $190,552, the same as 2003. This will include facility operation costs, program funding targets, elimination or partial elimination of eight programs, a reduction in staff hours and an increase in the recreation coordinators hours. The cost sharing formula was changed to enable the County to fulfil its 1/4 contribution by appropriating $38,110 and paying the balance of $9,528 with un-kind staff support to the partnership. The balance of $9,528 will be reallocated among the remaining municipalities based on the original cost sharing formula. The Health and Human Services committee voted 4 -1 to recommend the same and will be discussed by the County Legislature on August 19. Dryden's 2004 contribution is $11,238 (a$910 increase from last year). page 1 of 16 TB 8 -134)3 COUNTY BRIEFING lqq° Michael Lane reported that a tropic of discussion at the Planning Committee meeting last week was the aquifer study. Dryden and Caroline have already commenced work on studying the aquifer. The County has looked at the aquifers and evaluated and ranked thew, with the Dryden project coming out on top. There is a limited amount of money for assistance in funding. There has been discussion whether to put money into the Towns that have already started, or look at some of the other Towns. The consensus of the committee was that no Town should be penalized because it started ahead of the County. He said in the near future the Town should hear from the planning commissioner regarding how the County may assist with the study. The situation with the County budget is pretty grim. They have had preliminary projections and know they have a serious problem. They have to meet medicaid, pension and health insurance costs, together with other state mandates. There will be a reduction in local spending. At. the last meeting, the legislature directed the County Administrator to give them a proposal, in addition to his regular budget review, that would show what would happen if they demanded no more than a 50/o tax increase last year. M Lane said he does not believe they will get down to a 5 %) increase and still be able to maintain their level of essential services. CITIZENS PRIVILEGE David Stotz of 172 Hunt Hill Road presented petitions signed by residents for the repair of Hunt Hill Road. He said he understood that at the last meeting the subject came up and there was some resolution to the matter, but: he still wanted to present the petitions. He said the petitions represent 5a" /> of the residents of :Hunt Hill Road and they are asking that immediate action be taken in remedying the dangerous condition of the road. He said it is a 19 mess, there are large potholes, and extensive sections have become delaminated with blacktop pieces scattered about. Patched surfaces are extremely uneven and bumpy. The petitioners consider the road to be unsafe. Two examples are that recently his wife was almost hit head on because of a car swerving into her lane to avoid a large section of delaminated surface, and on other occasion another a. piece of pavement kicked up by a passing car missed his head by inches while he was getting his mail. He said he realizes this past winter was hard on roads and the Highway Department has backlogs of work, but it is mid - August and nothing has been done. It almost appears that the Town has through conscious or benign neglect abandoned them. They are all afraid that another winter such as the one just experienced might: render the road impassable. They know about the law suit brought against the town concerning certain improvements to town roads and understand there are even court injunctions against going ahead with any such improvements. He said the existence of such legal action does not absolve the town from responsibility for maintaining Hunt HM Road in a good static of repair as the road presently exists. It appears the Dryden Highway Department has chosen not to fulfill. this responsibility. If such neglect is in retribution for lawsuits or threats of lawsuits against the Town or the Highway Superintendent, then such tit for tat behavior is most reprehensible because it places the safety of people and property in jeopardy simply to make a point and he hopes this is not the case. The residents of Hunt Hill Road use the street every day and do not wish to risk their safety and the safety of others in doing so. He said they are placing the Town on notice that unsafe conditions exist on this road because of the present deteriorated state of the road surface and the Town will be held responsible if death, injury or property damage occurs. The petitioners demand that the To%cm properly repair Hunt: Hill road before winter weather arrives, repair all delaminated surfaces, repair all loose pieces of pavement, repair the road margins, fill and pave all potholes, remove existing bumpy and deteriorating patches and replace with ® smooth pavement. They are confident the Town Board and Town Highway Superintendent will abide by their obligations to maintain the welfare and safety of the town's residents. Page 2 of 16 TB 8 -13 -03 ® Ron Gorewit, 68 I•Iunt Hill Road, said he has lived there since 1986 and has never seen the road as bad as it is noun. He talked with the Highway Superintendent in November a year ago and discussed his driveway which is mostly sand. He has spent $5,000 on his driveway. The Superintendent said if they bought the culvert pipe he would install it and make sure he ( Gorewit) would not have to shovel any more sand. He said he has a heart condition and should not be shoveling sand and gravel. Then the Highway Superintendent called and said he could not do the work because of the injunction. Mr Gorewit said they have lost power on Hunt Hill [toad at least fifteen times in the past ten years or so and one of the principal .reasons is the fact that the trees fall on the power lines. The trees are dead or dying and fall on the power lines. A lot of this occurs in the winter months and they are sometimes days without power. 'There trees that are dead and dying and are a hazard. They have also have had people slide in the gravel and hit trees and end up in the gully. He has a daughter with a ne%v car and have had to put a wheel bearing in the car and he believes it is because of the condition of Hunt Hill Road. He said his assessment has increased by $35,000; they say it is a $270,000 home, but to him it isn't worth more than a log cabin on a dirt road. If he was to put his house on the market., he could get more money if the street was repaired and his driveway was clean. Pictures of his driveway were presented to the board. Jack Bush, Highway Superintendent, said he is very concerned about: Hunt Hill Road and has been since 1999. The interesting thing is that each person who lives on the road has a different scenario and they are trying to come up with a way to help each one, from cutting trees to water and shoulder issues. He did not want to put a lot of money into the road for ® temporary work. What he is proposing to do to get through the winter will cost at least $10,000 to $20,000. He had been hoping to put that money toward the actual work that needs to be done to the road to repair the distresses that are causing the problems. What has happened since 1999 is a continuing process of the road breaking down and starting to fall apart. It does not make sense to pave the whole road in its current condition because of the distresses under the blacktop. There is water under the road causing the problems and that needs to be drained. That work should have already been done. At this point it is too late in the season. In the beginning of the year he had hoped to have this road put on the 284 Agreement (the agreement between the Highway Superintendent and the Town Board). Because of the law suit and people at the board meetings voicing their concerns, and he commended the board for trying to come up with a solution with him to make residents happy and move forward with repairing the road, they decided to have a fly over done of Hunt Hill Road. That would create a map showing the ditch lines, etc and would give people something to look at that would show where right of ways were because that was one of the issues in the law suit. From that map the Town Engineer would develop a plan that could be taken to residents to show the work that was proposed and how it would affect their property and whether it would be necessary to enter onto private property (he does not believe that will be necessary in most places). He said that even after the decision of the Judge in the law suit there was still a gray area. There was no clarification of exactly where the right of way was in some areas. There are 162 town roads and J Bush said he is constantly talking to residents and trying to resolve issues and it is amazing what they get done. Unfortunately, this is the current situation with Hunt Hill Road. He is ashamed of it. A good example of the kind of work they do is Hurd Road. I-Ie does not feel that anything was done on that road that should not have been done and that that road is in great condition. At this point there is no way to repair Hunt Hill Road without major work. There needs to be work done on the ditches. INIr Gorewitz has a unique situation where the water drops off the shoulder and there is no backslope to a ditch, so in that case they need to make a ditch to trap the water and send it into a pipe, underneath Page 3 of 16 TB 8 -13 -03 ® his driveway and down the road. However, the property that borders his is a person that is on the lawsuit and that prevents the work from being done. He said he does not want to create a panic in the town, though there are people that have done that by misleading or whatever. The worst thing he could do is go up there and upset certain people. They have had to plow snow and remove trees from the road, etc. With respect to what is going to be done now, J Bush has met with the County because they have equipment the Town doesn't. to box out the bad spots and help get through the season until the work can be done next _year. The County has advised that is too much labor and too expensive, but have a paver they can bring up neat: Wednesday to "bandaid" over the bad spots. It will provide a smooth surface to drive on, but is simply temporary. The water under the road will continue to cause the pavement to break up and will be a problem until the drainage can be properly addressed. He would like to repair the road properly next year. J Bush noted that he had asked people who called to complain about the condition of Hunt Hill Road to come to the Board and make it known that they support work being done on the road. He would like the Board to know that the resident.. not only want the temporary work done, but the real work done next year (installation of drain tile, ditching and correction of the drainage problems). Cl Michaels explained that there was a public hearing scheduled for 7:30 p.m., and they are already ten minutes late, and he proposed that the Citizens Privilege and discussion of Hunt Hill Road could resume after the public hearing. Dan Strawbridge said he had lived on Hunt Hill Road since 1979 and he has never seen the road this bad, He asked when residents would see maps, etc. and said he did not want: the Town to spend foolish money in a bandaid. He said it is always next year that the road will be fixed and he believes that the bandaid will be gone this Spring. He does not want the Town to foolishly spend money, but we need to get to the bottom of this. He would like to start with distributing the flyover map and then everyone on the hill would know what the intentions are and for certain residents that live on the hill that have tight quarters to the road maybe something can happen. He asked the board to take this seriously. Cl Michaels said the board is taking it seriously and would love to take this up, but the Village Board is joining the Town Board for a public hearing. He would love to continue the conversation, but in order as it is on the agenda. Supv Varvayanis asked David Herrick to give a summary of what. is going to happen. Mr Herrick explained that he represented TG Nliller, one of the engineering consultants that serve the board. The aerial photography will be taken in the Fall once the majority of the leaves have fallen from the trees so that they can get a. good resolution of the photo along the %% rhale corridor. The reason for going with the aerial mapping is that it does provide a less expensive process for getting the information on what the conditions are now *. It will be a historical document showing how things existed before the Town took action to modify ditch lines, tree lines, the center lines of the road. It's been given top priority by the company that is going to be doing the mapping. From that there will be a planmetric and a topographic representation of the existing conditions. Then they would be in a position to propose what would be modified. They would work with Jack Bush to understand where certain situations of less than safe conditions are. Some of the 90 degree curves in the road may require some super elevation for improved safety for vehicles coming around corners. They will be developing some typical cross- sections of the road; how it appears from the neighbor's property line across the street. Those would be available for the town to share with residents. That is the effort that would go into developing a program for whatever amount of modification and improvements can invest in. Page 4of16 TB 8 -13 -03 D Strawbridge asked if this was a result of the law suit or if it was typical of all roads, D H rick said it was ijFpical. D tsawliridgc said uraitirig untrU ball seemed a little late. Supv Varvaynnis said they were fifteen minutes overdue for the public hearing and would pro ueed with it, and get back to the matter of the road_ Floyd Ayers said that the board was well aware of the issue and that there would be many people at the meeting, and he thinks it is somewhat of a, travesty in holding public hearings and allowing this portion of the meeting to be suspended until later. There are a lot of people who carne specifically to talk about the I ssue, PUBLIC HEARING ANNEXATION PETITION OF KONSTANTINO I!wATSIROUMBAS upv Varvayanis opened the public hearixV for annexation, a. joint meeting with tl.7e. Village of Dryden, at 7;50 p,m. 7Y nscript of court reporter will be attached to minutes when received, The public heari e ng was closed ail 9:48 p.m. CITIZENS PRIVILEGE. (contiuued) upv Varvayanis asked if there were anymore comments about Hunt Hill Road, Liam Moses, 42 Hunt Hill Road, said he had driven the road for the last 31 years, and this is about) the worst he has ever seen it. Before it w',as resurfaced it was always solid; there was a cloud of dust but it was not as destructive as it is now to cars and pedestrians. What he vmLLId like to see happen is the Town put together a plum and circulate it to the people who live on the road so they know what the Town plans to do. If something has to be done for short term, he said the Town knows better than he how Far the nxarsey will ga. If any serious restructuring needs to be done like was done to Hurd Road, just let them know and they can consciously comment on it and try to assess it and get the ball rolling. It has been frustrating seeing this go on and on. He thinks it is obvious to the Board and the Highway Superintendent that something needs to be done and he would certainly like to see ii. If anything is going to be done with the ditches, he would like to rnuktc sure. that whoever is driving the backhoe is accountable for destroying private property. He had paid for a culvert and someone came along and cleaned the ditches and destroyed the uphil1 side of the culvert. The sand and stuff coming down can't get through and it is ruining his driveway. All those things need to be identiiEed, planned for, the residents told what is planned, and if no one complains, go do it. He said he appreciates the To ss's conmideration. Peggy Walbridge said that given some of the corarnents tonight' t' she wind ]%ke to reiterate than, the temporary injunction has not prevented the Highway Superintendent from working between the two ditches and also it only was related to abo u t' uigla t praperties on the roars so a lot of places where the road has collapsed arc not related to the temporary injunction. She also wanted to remind people of the 11i$t0ry. In 1999 when some of the citizens of Hunt Hill asked the board (Cl Hatfield and Cl Grantham were on the board at that time) and they convinced the Jack Rush to weet wish them. They asked for an engineering plan and they asked for input and they would like to go with it and do a sensible job. It has been four years before that was taken up. In 1999 they were told that it was one of the tvm worst roads in the Town and there has been a lot of foot dragging, upv Varvayatuis asked if there were citizens with comments regarding anything other than Hunt Hill Road_ Dan Tier presented the Town Board with fire contracts executed by Neptune Hose Company. He tneide the following statement, F'UgC 5 of I C� TB 8 -13 -03 When Neptune Hose Company was presented with the fire ec,ntract oeaX the end of 2002 for the year of 2003 some significant charges were made without discussion or input from the representatives of Neptune Hose Company. Needless to say, the changes were of some concern to our orgartizKt'ion becamw they reduced overall f ixiding, sec a different pay schedule, and added a certified audit. We felt these changes should have been discussed with our Board of Directors, A Tueedng was held with all the town Fire Departments and the Town of Dryden Public Safety to address the changes in the 2003 contract_ We had looped to resolve the concerns with the 2003 contract changes. Town fire departments conceded to payment schedule changes to have future discussions of equipment fording in exchange for changes in the language coricer=' g the proposed audit. After this meeting, the contract language still reflected that Neptune Hose Company and ether Town fire departments would be responsible for the cast of an audit., even though we were assured at the meeting chat the language would charge to reflect t1:.e practice of the actual audit. Without the audit language changes, Neptune (lose Company refused to sign the contract that reflected the agreers upon concessions. The lack of willingness by the Town to work through these differences required Neptune Hose Company to hire legal counsel to address the 1anlruage in the contract and protect out orgz nmlzation. At considerable expense of time and money by Neptune Hose Company and the Town of Dryden, chimes of the language in the contract were instituted. The removal of set -aside hinds. for the ladder truck replacement continues to concern us. Our Town Supervisor has stated 'that Neptune had purchasers dae ladder truck and was no longer entitled to the set =aside money". -We strongly disagree with his posilion because the truck will need to be replaced in twenty years_ To start the process of fLmding the replacement of a truck that w111 potentially cost $800,000 to $1,000,000 when it is due for replacement is not only foolish but fiscally irresponsible. Neptune Hose Company has successfully managed its business for decades with a Board of Directors made up of respected community and department members_ Through that process our organization has kept our contract increases at M per year, which has been below the rate of inflation. We have done this with planting and forecasting for operational reeds and equipment' replacement. entsary to the current goverment philosophy of buy now and pay later at considerably higher cost, Neptune continually reviews its need% and sets aside capital project accounts and contingency funds to pay directly for needed equipment, such as a ladder truck that will need to be purchased in 20 years, or unforeseen emergencies, Finally, I want to make clear that contrary to the statements made by the Town Supervisor, Neptune Hose Company has never refused to comply with the certified audit. Our organization has maintained that it will participate full }r in the audit process once a contract has been agreed to and signed by all parties. At this juncture we are concerned that the audit w u ill provide a jmping -off place for the Town government to attempt to manage an emergency service #hall it neither understands nor is qualified to run, such as the fiscal disaster that resulted when the Town managed the financial aspects of the ambulance service, In the past, Neptune Nose Company has maintauied a trusting relationship with the Town of Dryden, This trust has been seriously breached. It is nur desire for the relationship to be restored to that level. Cl Michaels asked if the contract presented was the latest one discussed with Neptune's attorney and the Town's attorney and was told that it was_ Page 0 of 1 TB 8 -1303 upv Varvayanis asked thic Town Clerk to read a letter received from Che Varna Volunteer ire Co., Inc.: 'Dear Members of the Town Board and interested parties, The Varna Volimteer Fire Company (VVrC) is submitting is 2003 fire contract. With this letter, we wish to explain our objections to a -number of pravisions in the contract as written and request that this letter be read into the minutes of the Town Board meeting as public record. We have four major concerns with the con tract1, %Teeifically= (1) the isz"- duct'iaa of periodic payments, { } not recogn=g the funds required to address unanticipated mandates, (3) not rewriting the contract to accuraiEly express who wo Ldd pay for the annual audil:s, and (4) ignoring the VVFC stated financial needs for long -term planning for comraux ily safety. Additionallv, what had seemed to V[TFC i :o be fruitful discussions with members of the Town Board regarding the contract ultimately had no bearing on the outcome of the final contract as delivered, 1. We request to go on record opposing the periodic payrn eats, or anything except the one lump sum that has occurred over ibe past 49 years. Tax revenues for fire protectio -n are collected by January 131x'. with the exception of those few 1:axpayers who wish to defer half of their 1:axes until the end of Jun 3. June with a 0°fo A13R assessment. There is no logical reason. in our opimm, why rho se revenues collected for fire pTotecLioxn should not be distributed I mmediately for that purpose. If contract payments must be &52rresd, we would request a similar rate of assessment: to be added to the deferred payments. _ The contract does not provide sufficient funds Co cover unanticipated mandates. Provision 12 addresses compliance to all laws, statutes, codes, rules arod. regulations. The V fIC snakes every, effort to be compliant, but in doing so incurs unanticipated expenses which we all know as "unfLmded randates," For example, in 2002, we updated our Seffmcontained bread ing Apparatus to comply with NFPA regulations at a cost of $12,210. Just this month, our defibrillators became unacceptable by Board of health regulations and had to be replaced at s enst of just under $5,000 for used, revcoT)dilioned units. We malke two recommendations to the Town Board= • First, that the Town Board recognize that our requests for contract funds are n.ot "the sky's the limit" guesses, but rather our best effort attempts at estimating cosCs involwo5d in mainta,iuirXg and updating our equipment to meet code when necessary, for oLu members' safety and the safety, and vmEbeing of these we serve_ • Second, that in future c%antracts., the wording of the provis -ion is changed to, "Tire company shall wake every effort: to comply,_. ", or something si.rn ar. That's what use try to do, The Town Hoard refused to rewrite the section in the contract coacernisng who would actually pay for the audit. The fire compa -ny voted in Marsh to accept the contract for this year with hopes that these issues coti.ki be addressed in the 2004 contract negotiations with the Town Board. The one conditiun Co this vote was that the con iTact would be amended with a. Memorandum of Understanding for Provision 18 stating that the Town of Dryden would pay for the audit. In previous raced -ngs with Counctilmen SteHck and Michaels, it was geed that this would be done. Hnwvever, already ui the Rebruary 12, 2003 meeting of the Town Board, Attorney Perkins stated, "...There is no need to amend 1'a [5 1c] the contracts," since the contract does specifically state that ",..the Company shall provide to the Town, at the Companys expense, an independent, audit or review of the financial affairs of the company...," the VV1FC Board of Directors deteimi ned that a rewriting of Provision 18 or a Memorandum of Undermtandirng morns d.ef rdtcly in order, The failure of the Town Boexd to comply with this simple request has reinforced our position that iC seems futile to spend additional time in the 2003 flee contract negotiations, Page 7 of 16 TB 8= 13-13 4, The Town Board ignored the VVFC stated financial needs for long -term planning for community safety, and this deficiency is reflected in the 2003 contract. Our financial sYgLtements, budget, replacement program history and furore schedule, as weJ1 as our request for contract funds, were all opened to Supervasvr Varvayanis and Councilman Stelick before the Supervisor's Contract was approved by the Tawas Board on December 4, 2002. Not only were our requests totally ignored, an additional $6,000 was gut from the contrast for 20031 During the failed negotiations of this past year, we have been a;idmonisiied by the Town Brand not to revisit the past or review our disagreements with the Town of Dryden. Unfortunately, ibe past is still the present. However, with the sin�C of this contract, we 1mU make every effort to put the past into the past. As we enter negotiations for the year 2004, we look forward to meaningful discussions with Councilmen Steve Stefick and Chris Michaels, and we ]tope that the results of these discussions will be considered by the Supervisor aad the rest of the Town Board. The letter was signed by Oliver S, Habicht, Board Chairman, Varna Volunteer Tire Company, Inc, Cl Stelick said he wanted it clear that it wo,5 the Board's intention tha.11 the fire contract as signed with Neptune Hose would also be offered to other fire cernpamies within the Town and they would be able to sign a revised oontra,ct or }seep the one they have. Cl Aichaels explained that there were what he would classify as relatively mirror modification% to the contract that was finally signed with Neptune. Varna's contract as originally proposed and delivered to the Town. Supervisor today- RESOLUTION #125 - OFFER REVISED CONTRACTS TO FIRE COMPANIES 0 Cl Michaels offered the following resolution and asked- for its adoption; RESOLVED, that this Town Board hereby offers to other fire companies within the Town of Dryden the opportunity to revise their contracts for 2003 to reflect similar terms as in the contract wiih Neptune Hose Company No. 1 of Dryden, Inc, as finally negotiated, su1 ecll to review by the Town Attorney and Town Supervisor, 210 Cl Stelick Roll Cali Vote C1 Hatfield Yes Cl Stelick Yes Supv Varvayanis Yes Cl Michaels Yes Cl Stelick said rbat one of the terms in the contract now is "the Tawas shall pay for the ,services, casts and di$bursemcnts of the auditor and the Company shall have no responsibility for any such items", upv Varvayanis said they claimed that the con liact had to be changed and they quoted part u a sentence, leaving out "if the Town required It" and the Town stated that they weren't requiring it. It was not the '.Gown Attorney's that the contract didn't have to be chat d, but that it was a moot point because the Town was not requn -mg it of the company and was paying for it.- RESOLU'T'ION # 126 - APPROVE ABS'TRAC'T` # 108 Cl Hatfield offered the following resolution and asked fc ;r its adoption: Page 8 of 16 TB 8 -11w03 'RESOLVED, that this Tolmm Board hereby appiuves abstract # 108, as audited, vouchers 9560 through #66 (excepihng 4661 & #663), totaling $319,955-66- 2rlrl Cl Stelick Roll Call Vote COUNCIL PRIVILEGE Cl Hatfield Yes C1 Stelick Yes Sulav Varvayaris Yes C11N'iit.haels Yes Cl Seliek thanked llama and Neptune fire companies for sia ' t g and returning their contra Cs, HIGHWAY DEPARTMENT Virgil Creek Project Update - Dave Herrick said the DEC permit had been received. They have had a request from the Army Corps representative for one additional piece of information which was sent out yesterday, They were led to believe that when it was received the Army Corps permit, would be issued. integrated River Sohitior4s has been a consultan t. to TG Miller and are the principal designer of the natural stream bank stabilization work and they have been. having problem in their area (Greene County) and are building a lot of the projects in that area for the New York City watershed. They have encountered problems because of water and are behind schedule. It was expected they would provide the Town with a certain level of layout services, but are now unable to be on site with the frequency they represented they would be, Because the limited window of construction, TG Miller is proposing an alternate method of getting the project laid out, It involves u sing a dfferent technology of laying out the new alig =cTit and new elevations and all the rock structures associated with the realer{ Arid stablized channel. There is a company in Lansing (LRS Excavating) that has a global positioning system layout equipment capability to stay ahead of the Town and County bulldozers and excavators. Mr Renick has faith in Erw system and recommends that the town entertain an anwndment to the agreement that will allow TG Miller to retain LRS to provide the stakeout service. The additional cost to the project, whicb he understands is still witbi.n the budget, would be $16,500 (not to exceed). This is based on five weeps of layout by a technician on a 30 hour work week. The services of the technician is an hourly basis, The Town would only pay for the hours actually incurred, and the total will riot exceed $16,500. ZO Slater and J Bush also recommend this, J Bush said that part of the project requires pumping the water in the creek and moving it away from the area to be worked in. This will require two 12 water pumps and there are only two companies in the area that can provide those, Depending on bow things go (weather, etc) il; could cost up to $50,000 to rent the two pumps. He asked how the procurement policy would affect this; it is a reins) not a purchase and the term is unknown. There are limited suppliers. Fart of the cast would be delivery, setup grid instruction on how to run the pumps, which will run all day and all night. Atty Perkins said he would work on this, but did not think it would be a problem. Atty Perkins said he has had some experience with LRS E cavatizxg and it was uncharacteristicaUy awful. D lierrick has said that TG Miler would be responsible for the performance of LR because they would be a subcontractor. Atty Perkins said he would not recommend LRS, but if somenne else is being respomsible, than may be different, He was upset with the job they did for another wunicipality, and said if anyone had any questions they could contact the Town of Virgil, Regource Associates in Cortland or Tom Hatfield of Greek Peak, In that case they were the general contractor and 'n this case they would be providing somewhat different services. Pagc 9 of 16 B -13 -03 1) Herrick said I.RS would be providing the stakeout tecInaology, no construction ,services. It would be technical service and TO Miller would be responAsible for the information given to LRS. He has worked with the technici<7n and the technology before and was impressed with how fl, worked. They are hoping to begin the work next week_ Cl Michaels asked if there would be a reduction in the cost of the conlraCt with Integrated River Solutions and D Herrick said dzere would be a reduction of $4,000. He said with LIDS they would have a better understanding of how the project will get done_ With a better system of laying out the work they will have a better level of control and a better understanding for the operators who have to create and shape this product. ZO Stater pointed out that because they have to complete the work in the creek prior to October 1, they don't have time to wait for Integrated River Solutions to get here_ RESOLUTION #127 - AUTHORIZE INCREASE IN CONTRACT WITH TQ MILLER FOR VIRGIL CREEK STABILIZATION PROTECT Cl Michaels offered the follu ing resolution and asked for its adoption: RESOLVED, that this Town Roard does hereby authonzc an increase in the Agreement with TG Miller and approves subcontracts with LRS Excavaling for a sutra not to exceed $167500 for stakeout services, 2nd Cl SteliCk Roll Gail Mote ATTORNEY C1I•IatMd Yes Cl Steli.ck Yes Supv Varvayants Yes Cl Michaels Yes Atty Perkins said that the board had previously agreed an agreement whereby the town would subordinate its mortgage ($7,633 awed) to a new mortgage to be given to The First National Bank of Dryden for one of its Community Developmeu t Block Grant recipitrats. It turns out that all the facts had not come out yet, and briefly in 1995 when the loan was made to Charlene Sovncool, the First. National Bank had a mortgage for $20,000 and the Town advanced just over $19,000. She apparently did not disclose a Departruent of Social Services Medicaid lien, at the tune $1,500, axid such other and f u her sums as shall he expended. In 2003 it is now up to $18,000. The Town would have to take the position of third (behind D S) or second. The total owed with the three liens would total about $55,600 and the property is assessed for $51,000_ After discussion, the hoard decided that it would not subordinate and would like the amount due paid off, Atty Perkins said the transcript of tonight's annexation hearing should be ready in approxim ely two weeks. When he receives it, 13e will distribute copies to board members. Supv Varrvayanis said that Stale Law the Town and Village would share the expense. C1 Hatfield asked about the status of the TenKate mortgage lien and subordination agreement. Atty Perkins said that the batik would not sign the ,suburdiztation agreement as it was written and it would be redrafted and the documents held in escrow until the Town could be paid, C1 Michaels asked when the objections with respect to the petitions had to be :submitted_ My Perkins said the objections must be submitted in writing and placed on fife with the Page 10 of 16 TB 5 -13-}3 bnards holding the hearing and made a part of the record. The findings and the resolution on whether doe petition will be granted have to be in wrung. But the statute requires that the objections that Atty Perkins set forth and read into the record bave to be in writing- The rest of it will be conclusions and findings of fact, but the objections must be apecilied and put in wril; ng and made part of the record- C I Michaels asked Atty Perldiis to review the objections. Atty Perkins - The petition is signed o n behalf of an en ti that i s not an owner. The statute says only owners or electors (voters). It is sued by the County of Tompkins. It is signed by Gus (Konstantirms Katsiroumbas) as -id Steve Whicher. T.he authentication attached to the petilion refers to one signature and it cannot be determined whether the authenticaLtion is for are authorized or unauthorized signer. If you look at the next page of the Petition, it says "I know each of the person whose names are subscribed to the above sheet have one Signature; and each of them was subscribed m my presence" - Well, which one? Was it the authorized shier, who was G u Or was it the unauthorized signer? He's the County Attorney. There is a requirement to have an authentication. The statute ae is forth the farm of it and its supposed. to say how matey signatures there are i cant tell whether -.. CI Michaels - Whit about the certificate of the assessor? Atty Perkins - The statute ways that if it's a petition based on the petition of the owners of more than half the assessed valuaticm of the property, there shall be attached a certificate of the assessor attesting to those facts. Well, that's not a certificate of anything- That's a little memorandum from the Assistant Director of Assessment- It doesn't certify anytbing. Any definition of a oeTtdficate that I could find anywhere says it doesn't look anything lilac that. 0 Cl Steak - Su that's something lhey could tastily correct. upv Varvayanis - But thev would have to do an entire Mig and another hearing. Cl Michaels - What would happen if we didn't make these objections and a neighboring hmdownY.er was objecting to the aruiexation? Would they have atanding? Or one of the taxpayers inside what would now be the Ville and didn't want to? Atty Perkins - Well, nobody else raised the objections- 'They can do it and make it part of the record I suppose, But they didn't make the objections, 1 Mir haelS - What happens if it gets annexed and one of the taxpayers that wasn't making the the petition contests these issues? is there a jurisdiebon issue? upv VarvayRkn.is - What happens if nobody raises the issue, we do it, it's illegal and then somebody I guess files an Article 78? I assume we'd be told to have the hearing all over again and do it right the second firne. Atty Perkins - There are two times that you get to an Article 78. One is if you make a decision aixd its ineffective by an error of law, in which case you don't even have to rely on wMI's in the General Munieipal Law. Secondly, revicvw under the General Mulucipal Law occurs only if one of the bodies, but riot both, rejects ill= Them the governing board of guy other affected local government may apply to the Appellnw Division for adjudication and determination on the law and the facts on the issue of whether the proposed annexation is in the overall public interest. So I think there is a possibility there could be an Article 78 IS proceeding, even if both modes approve it. Although the statute says its conclusive, l wouldn't rely on that. Or if Both sides reject it, the statute says that's conclusive, but f wouldn't rely on that either. Rage 1 J of 1 TS 8=1.3 -03 The caption refers to two 11�Lx parcels, and if you look at the caption it's got two parcel numbers. ff you look at the exhibit, it's proposed to annex this parcel also_ I mean the caption refers to that. The petition doesn't necessarily do that, bm it,'s confusing. The description attached, to the petition contains errors as to the point of beg mrig and Phil Whui agrees with that. There are errors in the deseripl on. I'm not certain that they're So insufficient that you don't know what they're ttAking about as far as the legal description goes_ Hmvever, the tax parcel cmitains property not oumed by the petitioner. (Atty Perkins idezndfie d. a portion of the property in the petition_) If you look at the survey zoap which was made part of the record tonight, you 11 see that a big chunk of ibis parcel, everything from this line extended south i.s owned by somebody else, the Slottje Family Trusi.. Supv Varvoyanis - Steve, Charlie and l were having a conversation right before the meeting Uying to xre out whaIN was and wasn't included_ O telick - And it looked like; this was in it and it's been sold_ Atly Perkins - If it's a question then, , . , . Cl Michaels - Why are the tax parcels still joined if it's been sold? When was the deed re =corded? Atty N rkin q - it seems to me it's been qui lie a. while. The date on the survey is 2401. I can check the need and find out_ Ct Stelick - So that take &s another two acres off. Atty Perkins - Well, you get into the question of whether the property is properly des e_ribed, 1 Michaels - Absolutely, and what would happen if there is another taxpayer in that parcel? Do they get to vote? Does it have to go to re=ferendum? Atty Perkins - They don't reside there. There's no improvements there_ And that gets to the other potential objectium,4_ 1 checked with the Boatel of Elections and they don't have anyone registared to vote on Ellis Drive right now. They did have satnerine re istered to vote on Ellis Drives, but that person was purged from their records in January of this year because they hadn't voted in the last two federal elections_ '[hat person is Iordanis M. garadolus, I don't know whether that-'s us's former partners, his wiFe, his wife's maiden nam=e, or what. I just point tliase out. Those are inaccuracies in the petition among other things. CI Michaels - I notice the Building isn't on the tax maps, Is it on the survey? Atty Perkins - Yes, it's on the survey. Cl I•Iatfield -'This is when the person voted from? Atty Perkins - I believe so, yes. upv Varvayanis - I should point out that when Kevui went with Parnela Kingsbury to look ac that site as a potential Town bail site, it looked like an occupie=d apartment there. Cl b ichaels - What is the effect of there being a resi&nt there? Does it make a difference? Page 12 of 16 TB 5 -13 -03 Atty PerkLns - I don't thfnJ< it makes a substantive difference. It's just one of many deficiencies, One of the things that you're supposed to determine is whether or not the petition sublstantially complies with the requirements of Article 17 of the General MunivVd Law. Cl Michaels - We had a town board meeting where we discussed whether there was anyone living there. Atty Perkins - That is ono of the specific determinations you are permitted to make. One of the objections that you need to make in writing is whether the petition does not otherwise substantially comply with the requirements of General Municipal Law. And you are required to state '21 the petition, the law says you have to determine how many inhabitants reside in the territory. Cl Hatfield asked if the parcel sold was included in the petition and Atty Perkins said that it had been a. while since he looked at the legal description, but he thought it did not include the part that was sold- But they have referred to and attached a copy of the tax map at that's at variance from wbat they are describing. And it all goes to the adequacy of the description- Cl Michaels said that could cause a problem with the Village as to where the boundary lines are in the future. Cl Michaels pointed out that in February they told the board this material would received very soon_ and Supv Varwaplmis said they were cancerned that the March meetings would not be soon enough to hold the hearing- Atty Perkins said they have 90 d; }ys to make a decision and his recommendation is that if they are considering at all the objections, to Ele the objections- They don't have to necessarily use any of them as a basis for the decision, or some or all of there could be used. Cl Michaels said he would make all of them, Atty 'Perkins said the Supervisor woLild have to sign the objections and it should be done after a resolution of the booatd- Cl Michaels said in fairness to allow thorn to refile the petition in a lamely way, the objections should be made soon, Atty Pt�rkins said one the objections were filed he would send them a copy. Cl Michaels - I think that the most sigruficant thing; on 1 e petition is that there is not a uniform description of what property is requested to be annexed. I do not see that as a reconcilable situation. There is no way, regardless of the feelings on annexation, that it could go tbxougli that way. I thin -k the other stuff is si riiricant, It's a big deal whether or not somebody is living there, and I think it's "id of silly that they don't have a certificate when it's so easily available, given they're getting so much help from the County Attorney, upv Varnpayanis - Is this or is this not a County pTcject? Cl Michaels - It's a County p"ect. Read the Mexaorandum of Underst nding, The County is the one that has the option to purchase the property. I thought they were strangely hedging on that, Su pv Vatvayanis I wondered if there's some legal loop that I'rn ruiss' Cl Michaels - Well the Mem mandum of Understanding as :pi ed yesterday and the day before, CI Stelick - And they were already plane kg to be here before that, Cl Michaels - Yeah, I guess I want to know the one that superceded this. Fyu sure they had one prior to tdxas and decided to duo anew one I don't know that this. is highly relevant to the motion, but - -, Pagc 13 of 16 TB 8 -13 -03 Atty Perkins - Acl&ually, all I have is a draft of June 26, 2003- That's all I was ever given, upv Varrayanis - Actually i have another question, wh{ch is only of interest, I guess not really germane. What would the purpose of Mr- Whicher signing g that have been? What were they trying to accomplish? Do you know? Atty Perkins - You know the statute is not that hard to comply with. It's like a recipe, You do this, you do this, you do this. I don't know- l cant answer your questiaz1- C1 Stelick - Do these objections get sent to the County Attorney to respond to quickly? Atty Perkins - We can do that if you want zne to. We should give a copy to the Village- I Stelick - I want to be able to make a decision on this based on no objections and then come to a conclusion by this Board and by The Village Board. I don't know. We can't decide this lased on what you're telling us, and Chris's feeling on iC- 1 Michaels - It's ludicrous that we would be discussing the annexation and not know the bozuidaries of the annexation. Cl Stelick - It changes substantially- He brought his ovm map in here and it just cuts two acres right off. Cl Hatfield � And Hezuy got a tax map ,lumber for us, so.,, 0 C I Michaels - I'm looking at a bunnh of different maps and all of bacm are drawn a little differently. People are trying to figure out what it says and reasonably competent people are,,. Atty Perkins � Len if you give hive the benefit of the doubt, and his description adequately describes what he intends and it is shown on the. survey, it's still at variance gwith what he's attached as far ajs the tax map, Cl Michaels - I would highly encourage them if they are worried about timing to resubmit the pec'tion and the only other comment I would make if they think that are not going to love enough time even then, is if they had filed 11-iis in March when they said they were going to we would have raised these objections and they would be stall five months ahead r)f ,where they are now- Supv Vatvayanis = When they first said the money was about to go and we had to work quickly we were still considering putting it back here and it was still pretty hat, that was in September. Atty Perkins - It's been a year. RESOLUTION #1$8 - FILE OBJECTIONS TO PETITION FOR ANNEXATION Cl Nfichaels offered the following resolution and asked for its adoption: RESOLVED, that the �zpeYVisor is directed to the file the objections to the PtAition for 16 Annexation by Konsta ntirnos Katsiroumbas, numbers I through 6, as read inter 11he record during the he aring - na Supv Varvayanis. page 14 of J 6 TB 8 -13 -03 Roll Call Vote Cl Hatfield Yes Cl Stelick Yes Supv Varvayanis Yes C1 Michaels Yes Supv Varvayanis - Procedurally, if they come in and have this wonderful new map, do we still go through a hearing similar to this one? Stmt all over? Atty Perkins - Yes. Cl Michaels - I wrote down every one of the benefits that they had for annexation. All of them were related to the DOT and water being provided to the site. And it seemed that all of them were cured if we provided water to the site. Atty Perkins - 1 think he admitted it. Supv Varvayanis - He admitted it, and then Barbara reminded him that he was supposed to say annexation was the only way it would work. Atty Perkins - The time frame. Supv Varvayanis explained that Dryden School had sent a SEQR form on the renovations to be done on the Elementary Schools and they had asked if the Town wanted to comment as an interested party. They are bringing the schools up to standards and there is no expansion. The board decided not to comment. TOWN CLERK No report. ZONING OFFICE ZO Slater gold the board that there is a lady who owns land adjolung the Town's access to the Virgil Creek dam. When trucks use the access road and turn around they damage her property. She would like to give the Town land for a turnaround in exchange for a right -of- -way. Atty Perkins pointed out the land was owned by three municipalities and it would be tough for the town to accomplish that. C1 Stelick and Atty Perkins suggested a fence could be put up to protect her property. ZO Slater presented information on Kevin h zell's desire to attend the ]C80 conference in Nashville, Tennessee. After discussion, the board authorized up to $1,500 toward necessary expenses. RESOLUTION # 129 - AUTHORIZE EXPENSE FOR ATTENDANCE AT ICBO CONFERENCE Cl Michaels offered the following resolution and asked for its adoption: RESOLVED, that this Town Board does hereby approve the expense of an amount not to exceed $1,500 in connection with the IC30 conference to be held in Nashville, Tennessee, in to September, 2003. 2nd Cl Hatfield Page 15 of 16 TB 8 -I 3-03 oRoll Call Vote Cl Hatfield Yes Cl Stelick Yes Supv Varvayanis Yes Cl Michaels Yes Supv Varvayanis said he had received a request. from Lincoln Young at 504 Lower Creek Road who would like to considered for an out of district: user for water. At:ty Perkins will analyze the hookup cost and provide him with that information. RESOLUTION # 130 - TRANSFER FUNDS Supv Varvayanis offered the following resolution and asked for its adoption: RESOLVED, that this Town Board does hereby authorize the transfer of $6500 from A1220.101 (bookkeeper payroll) to A1220.4 (contractual) and $2600 from A 1220.101. (bookkeeper payroll) to A1220.2 (equipment). 2n,i Cl Michaels Roll Call Vote Cl Hatfield Yes C1 Stelick Yes Supv Varvayanis Yes Cl Michaels Yes On motion of Cl Nlichaels, seconded by Cl Stelick, and unanimously carried, the board moved into executive session at 10.55 p.m. to discuss collective bargaining negotiations. No action was taken and on motion made, seconded, and unanimously carried, the board adjourned at 11:20 p.m. Respectfully submitted, Bambi L. Hollenbeck Town Clerk Page 16 of 16 Town Qf Umden Town Board Meeting ® August 13, 2003 Name - {Please Print} Address I.Dcr ��.��' % d `� Y 1►�� --�I oL11; l` 1)�,e oy �.,z1,00 ® ( 619f, 6,1, q ft. o I i4A "y c' j - 66 PI(I a-( ccito�, - Lk�VLe /43LC/S 14)wll of UFYden Town board Meeting OAugust 13, 2003 Name - {Please Print) Address 5 'k k C, e, , L56 41 110AVIf) (�sTk o 1,10. k(xse 10 /JT 1 ILL '� r O)L� \ SEW t>czyoG 0 `D.h. (tv 6 � r� cP fir L-L AIIp t , t= tF a i l-IiooI� r6.