HomeMy WebLinkAbout2004-03-11T13 3 -1 1 -04
TOWN OF DRYDEN
TOWN BOARD MEETING
March 11, 2004
Present: Supv Steven Trumbull. Cl Stephen Stelick, Jr., CI Marlin
Christofferson, Cl Christopher Michaels, Cl Michr:rel Flattery
Elected Officials: Bambi L. Hollenbeck. Town Clerlc
Jack Bush, Highway Superintendent
Other Town Staff: Mahlon li. Perkins, 'town Attorney
Henry Slater, Zoning Officer
Jennifer Glaab, ftecroation Coordinator
Debbie Gross, Environmental Planner
Dove Putnam, TG Millers, Engineering
NO
Supv Trumbull said he was not: feeling well and his voice was not strong so Cl Stelick,
Deputy Supervisor, would be running the meeting.
PUBLIC HEARING
LOCAL LAW CONVERTING CONSERVATION ADVISORY COUNCIL
TO CONSERVATION BOARD
Cl Stelick opened the public hearing at 7:05 p.m. and Town Clerk read the notice
published in The Ithaca Journal on March 1, 2004. Cl St:elick :asked if there was anyone
present who wished to comment: on the proposed local law. Charles Smith of the CAC stated
he thought it was a good law and asked that it be passed.
There were no other comments and the public hearing was left open.
CITIZENS PRIVILEGE
Fred Apker commented on the proposed annexation. He staid he thought it was
inappropriate, that it shows poor planning by the gown to just take one sliver of land out of a
parcel that could either be geographically or politically divided. if the entire Cortland Road
Sewer District were to be annexed or if there were roads or something that divided t:he parcel
he thinks that: would be appropriate. He said as fax as the DOT going in with site plan review,
he realizes we are not talking about that, but it certainly seems it is the sole usage of that
property. He can't see with the kids walking by the school and the school district, having all
those tractor trailers going by the school. He feels that particular parcel is inappropriate and
that with excellent planning, somewhere around Hanshaw Road where there are a lot: of
accidents and plows and sanders would be more centrally located. He said as far as his
property being located next to it, it is probably one of the better uses as far as he's concerned.
But he is looking at it as an entire community,
Cl Stelick asked Mr Apker if he was interested in annexing his property. Fie replied if
that piece only went, no. It: would probably help him, though he has good well water. He went
along with the sewer when that came through and he suggested then that the property be
annexed. They wanted water and sewer and wanted it done right the first time. He would like
to see it done right this time too.
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Peggy Walbridge, 123 [-hint: Hill Road, said she was wondering how the plans for Hunt
Hill Road and Genung Road are coming and a time frame for starting. She cvas told there were
no plans ready and there would be no work started before the next town board meeting. J
Bush said a retired NYSEG engineer who now works for the Highway Department was working
with him to come up with some options and costs. Those will be reviewed by the Town
Engineer and there are no plans to do any work there this month.
Jamie Arnold, 129 Beam Hill Road, said as a life -long resident of Dryden and NYS DOT'
employee, he can see both sides of the fence and can understand the pros and cons of the
issue. He looks forward to having a DOT building here for the reason that his wife and
children will have cleaner roads to drive on on the way out of Dryden. The ability of the NIYS
DOT to take care of the roads tivith a newer, cleaner facility in a nice area like this is second to
none. He said he thinks we are really missing the boat if we are worrying about things like
traffic when there are so many things that can be dealt with by re- routing traffic and !Waking
sure any heavy truck traffic for the DOT gains access from the Route 13 side of the area. There
are simple answers to the things that everyone is upset :and worried about that haven't been
discussed. There are a lot of people that work. for the DOT that don't: live in this immediate
area (Spencer, Homer, Tully, Preble) that will most: likely relocate here. That. will do a lot for
the bedroom community and tax base. When you're at work and need something done on a
motor vehicle, you drop it off on your way in and pick it up on your way back. That will be
done in Town now, as well as getting gas, etc. There would be an increase in activity at all the
local stores and markets. He hopes the board can understand that }Musses that will come with
this,
Cl Stelick said the next item, added to the agenda, was the vote for annexation. Cl
Hat:tery introduced a resolution, read it for the public and briefly covered the findings.
Findings include affirmations that this proceeding meets the requirements of state law and a ,
series of comments regarding why the fmdings are positive, including the extension of water
infrastructure into this territory at no cost to the 'Town or Village, that this annexation
continues a pattern of relationships for the extension of water into the Town outside the Village
areas that has been done in past decisions including the last extension in 1962 south of the
Village for residential development. He said there is also potential for improved inter-
governmental cooperation with three highway departments in close proximity. This is also
consistent with current Town zoning on the site and with the comprehensive pianni.ng goals
that are currently in place.
Cl Stelick seconded the motion. Cl Michaels said he had voiced his opinions and heard
the findings cited. Many people spoke that the extension of the water is a benefit, but is not
the method that would be used to get water to a wager district in that area. There have been
comments by citizens tonight about lack of planning and that basically it is spot annexation.
They are completely accurate. He said unless there is a plan to address the concerns for water
from many of the residents and business owners in that area that would like to have water, we
have worked backwards. He will be voting against these findings.
Cl Christofferson said he agrees with Cl Michaels and will also be voting against the
findings. Sitting on the Planning Board for many years and trying to understand long range
planning and how it affects lots of folks in the town is important to him.
This is surgical
annexation. It is one piece of property that has asked to be annexed for a specific purpose. He
said there are lots of things the board could be doing in a more broad - brushed picture. If it
was done that way he might not be against this. But since it is _just once small piece of an
entire problem that he thinks the Board should be looking at, he will be voting against it also.
Cl Michaels said he would like to clarify his comments. He said he is not opposed to
annexation in general, just this particular annexation. He is hopeful that the Village and the
Town can work together, not just on water and sewer issues that are on the table, but the
Page 2 of 25
Town is working toward developing its
involved in the ramifications of what is
also noteworthy that the two members
are opposed to the annexation. Cl Hat.
Board.
TB 3-11-04
master plan and obviously the Village is going to be
adopted in response to that master plan. He said it is
on this board that carne off the Town's Planning Board
tery noted he is a former member of the Town Planning
Cl Stelick thanked everyone who gave him input on this matter. He said it has been a
long haul and he has listened to a lot of people on both sides of this issue. The Town spent
money on a study to come up with alternative solutions for the waiver situation. He has spent
his entire life in the 'Town of Dryden, a lot of that time spent on Lewis Street, near the spot of
the proposed annexation. That area was pretty much the same then as it is now. PIC stated in
a recent newspaper article that he truly believes that i.f water crosses Route 38, something
might happen, and without water crossing Route 38, he doesn't see anything happening. He
knows what it will cost for a waiver district. He doesn't disagree that it is a surgical annexation,
but unfortunately we are: pressed for time with this. There is State money available that
Senator Seward has obtained for us. This is not a long term answer to the whole project there.
He said if landowners are interested in annexation, the Town cannot solicit it, but landowners
can petition the beard. He is prepared to vote, is comfortable with his vote, and will be voting
for the annexation.
RESOLUTION 046 - FINDINGS, DETERMINATION, RESOLUTION & ORDER -
ANNEXATION PETITION OF KONSTANTINOS KATSIROUMBAS
Cl Hattery offered the following resolution and asked for its adoption:
A petition for annexation of part of the Town of Dryden to the Village of Dryden was filed
on behalf of Konstantinos Katsiroumb:a.s. A joint public hearing was held thereon by the Town
Board of the Town of Dryden and the Village Board of Trustees of the Village of Dryden on
December 18, 2003. Pursuant to the requirements of the New York General Municipal Law, the
Town Board of the Town of Dryden hereby finds, determines, resolves and orders as follows:
Findi M
11 The Petition was filed October 28, 2003.
2. The heading of the petition refers to 'l'owrn of Dryden Tax Parcel 38. -1- 30.12.
Paragraph 1 of the petition describes the territory as Tax Parcel 38.1 -1- 30.12. 'There is no TzLY
Parcel 38.1-1- 30.12. Attached to the petition are a map of survey of the territory and a
surveyors description, and based on those it is determined that the Tax Parcel number which
describes the territory is 38. -1- 30.12.
3. The territory adjoins the Village of Dryden.
4. Paragraph 8 of the petition contains inconsistent suitement:s about the. number
of inhabivants in the territory. The first sentence states there arc; no inhabitvits in the territory
other than petitioner. The second sentence of this paragraph states that petitioner resides at 9
Brookside Drive, which is not in the territory. Although petitioner did not speak at the joint:
public hearing, and offered no explanation of the apparent inconsistency, the Town Board
hereby resolves any question about the number of inhabitants in the territory in favor of the
petitioner. For the purposes of this petition only, there are no inhabitants in "the territory.
OS. The petition is signed by the owner of a majority in assessed valuation of the real
property in the territory.
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Ti3 3.1 1 -04
6. A certification from the Tompkins County Department: of Assessment the O
1
assessor responsible for the preparation of the assessment roll) is attached to the petition
attesting to the fact that the petitioner is the owner of a majority of the assessed valuation of
the real property in the territory on the last preceding assessment roll.
7. The petition is authenticated as to the signature of petitioner in a form
substantially in compliance with the requirements of General Municipal Law § 703(2).
8.
A legal
notice of the
joint: public hearing was
posted November 17,
2003 on the
signboard
maintained
by the `Town
pursuant to Town Law §
30(6).
9. A legal notice of the joint public hearing was published on November 17, 2003 in
The Ithaca Journal, the official newspaper of the 'town.
10. The legal notices so posted and published were done so not less than 20 nor
more than 40 days prior to the date of the joint public hearing.
11. A copy of the legal notice of such public hearing was mailed to the petitioner on
December 6, 2003.
12. A copy of the legal notice of such public hearing was mailed to the school
authorities of the Dryden Central School District not less than 1.0 days prior to the date of the
joint public hearing.
13. No objections to the petition which are required by General Municipal haw §
705(1) to be in writing were filed with the Town Clerk. 40
14. Conunents were received from various members of the public in attendance at the
joint public hearing, including individuals on behalf of the Petitioner, county board members and
other representatives of Tompkins County, a representative of the Dryden Central School District
Board, and other interested parties, all as set forth in the stenographic record of the proceedings.
A letter from the Superintendent of the Dryden Central School District was read into the record.
The letter requested that the School Board be listed as an interested agency during any
environmental review. Some of the individuals %.,ho spoke indicated that they h::►d also spoken at
the joint public hearing held on August: 13, 2003 in conjunction with an earlier and similar
petition for annexation submitted by the Petitioner (which earlier petition was subsequently
withdrawn), and requested that their comments at such previous public hearing be included in
the record of the proceedings of the December 18, 2003 public hearing.
l �. ]rd Marx, the Tompkins County Commissioner of Planning, reviewed the history
Of the County's efforts to assist the New York State Department of Transportation (DOT) to
identify a site for the consolidation of the Ithaca and Cortland DOT facilities. He also spoke at
the first joint public hearing. He summarized his comments by saying that the public benetit
included an opportunity to place a [JOT facility in the territory, the extension of water
infrastructure, contributions to the tat base ultimately and the local economy.
• Extension of water infrastructure into the territory would be
accomplished at no direct cost to the Town or the Village. A waterline
would be extended as far as the DOT project site. if annexation were
approved, the Village would sell water to the DOT facility, providing water
Supply to other portions of the proposed annexed land. This extension
would decrease the cost of extending public water supply to other parcels
and existing structures near the proposed annexation as well.
Page 4 of 25
TB 3 -11 -04
SContribution to the tax base. The construction of a DOT facility in part of
the territory will result in an initial decrease in tax revenue for the Town.
Property tax proceeds from the clevelopment of other portions of the
annexed parcel with public water and other nearby parcels could easily
compensate for this initial loss of taxes from the undeveloped parcel that
will go off the tax role under NYSDOT ownership. Given the town tax
structure, there is no reduction in tax revenues for property annexed to
the Village of Dryden. Only that portion of the annexed land taken off
the tax role because of state ownership will result in a reduction for
county, town, village, and school district taxing entities.
16. Annexation of this parcel continues t
extension of public water supply between the Town
areas directly adjacent to the village. Most recently,
South of Ferguson Road was annexed to permit put
development.
:he
of
in
flit
pattern/ relationship regarding the
Dryden and the Village of Dryden in
January of 1962 a parcel of Town land
water supply for residential
17. The presence of the DOT facility in close proximity to the Town of Dryden Highway
Garage and the Village of Dryden Public Works Facility holds the potential for
intergovernmental cooperation in the provision of highway and other public services. This is a
direct public benefit. For example, there is a potential opportunity for the t:owrn to share in the
use of NYSDOT storage facilities for de -icing materials leading to a decrease in future gown
construction costs.
l$, The proposed annexation and probable development of the site by NIIYSDOT is
consistent with current town zoning on the site and with the comprehensive planning goals
expressed in the current effort to update the town's comprehensive plan. These goals call for
more intensive development in areas adjacent to existing built areas (villages and hamlets).
While a more extensive initiative in the area north of the Village of Dryden would be desirable,
the proposed annexation helps make an initial step toward the intended development pattern
and the extension of public water supply in this area.
19. There is no indebtedness attributable to that part of the territory that is in the
Cortland Road Sewer District,
DETERMINATION
The Town Board of the Town of Dryden, having participated in a joint public hearing
with t :he Village of Dryden Board of Trustees, and having heard testimony and received
evidence and information presented concerning the petition and the question of whether the
annexation is in the over -all public interest, determines as follows:
1. The petition substiantiatly complies in form with the provisions of General
Municipal Law Article 17.
2. With respect to the Village of Dryden (the local government to which the territory
is proposed to be annexed) the proposers annexation would result in: a) increased sales of
water; b) the partial extension of a water line into the territory; c) tar revemre to the Village for
that portion of the territory not part of the DOT facility.
3. With respect; to the remaining area of the Town of Dryden the proposed
annexation and site development by NYSDOT is consistent with existing land use goals and
O plans. The proposed annexation and extension of public water supply will decrease the cost of
providing such water to other nearby parcels, enhancing their development potential. Further
the NYSDOT facility and its operation with approximately 35 -45 employees will likely have a
PaLy.e 5 of 25
1'13 3 -1 1 -l)4
positive effect on the economy of the immediate area in the Town and a potential improvement: O
and cost savings in public services through enhanced intergovernmental cooperation.
NOW, THEREFORE, it is:
RESOLVED that the Town Board of the Town of Dryden consents to the proposed
annexation and the petition for the proposed annexation is hereby approved, and it is further
ORDERED that copies of these Endings, determination, resolution and order, and the
petition, legal notice, affidavits of posting, publication and mailing, and transcript of the
testimony and minutes of the proceedings taken and kept on the hearing, be filed in the Offices
of the Clerks of the Village of Dryden and Town of Dryden, the affected local governments.
2rid Cl Stelick
Roll Call Vote Cl
C1
Si
Cl
Cl.
Michaels No
Christofferson No
ipv Trumbull Yes
Stelick Yes
Ha tier y Yes
HIGHWAY SUPERINTENDENT & DPW
J Rush told the Board he is currently working on the new snow and ice agreement with
the County for 2004 through 2006 and presented the board with information regarding some 40
proposed changes. They also have a letter regarding the snowplow turnaround on Brooktree
Lane which has been a problem for years. There were some changes last year and there has
always been an issue with the way the snow %vas dumped. The board was given a picture of
the plan for correcting it, extending the right side of the turnaround (still on rown property).
With respect to the intersection of Gerrung Road and .Ellis Hollow Creek Road, there had
been some e -mails from the property owner on the corner. 'There have been several accidents
and residents tried unsuccessfully to get the speed lowered. Apparentay because tlae
intersection is so wide, motorists don't. slow down sufficiently for the turn and end up off the
road. After evaluating the situation, they have placed barricades on the road, effectively
narrowing the travel lane. Cl Christofferson said the a -mails he has received indicate this is
working well. Cl Michaels said he had received positive feed -back as well.
J Bush reported he had attended a meeting at the Varna Community Center
regarding speed control on rural roads. While the speaker indicated there isn't much that can
be done with rural roads, the main focus of the meeting seemed to be on Route 366 through
Varna. The residents would like sorne changes there and that would involve the state. The
Town could be a part of some changes, including extending the trail through Varna, and an off -
site parking lot for Cornell University to help keep traffic from passing through Varna_
Cl Stelick closed the public hearing on the proposed local law at 7:30 p.m.
COUNTY BRIEFING
M Robertson said the Strategic Tourism Advisory Board gives out money derived from o
the room tax for community beautification grants and the deadline for applying for that money
Page 6 of ?5
TB .1-11-04
• is April 30, 1004. Matching grants of up to $5500 are available. Applications can be obtained
from the Cooperative Extension Websit.e.
She has spoken to the Varna Community Association about a park and ride lot. Most.
interest was expressed in having a park and ride in the vicinity of NYSEG, where Route 366
and 13 intersect. They would like it to be port of Cornell's parking system. There is also space
available at the Boxcar parking lot. She has begun conversations with TCAT about
establishing a lot.
Information gathered by the Community Founding and the Chamber of Cominerce
about housing in Tompkins County was distributed to board members.
M Robertson said a lot of things are going on behind the scenes with respect, to the
county budget: in trying to understand what the state budget will look like and trying to analyze
the Governor's proposals and their impact on the County. The County is looking at: the
function of each Department and looking for ways to streamline. There is some consideration
of consolidation of a number of departments and a proposal to possibly transfer the functions
of the County Mental Health Department to a non -profit organization, with the County
contracting for the services. Some other Counties have saved money in that way. They are
hoping to be in a bitter position going into the budget process.
COUNCIL PRIVILEGE
Cl Stelick attended a recent meeting of Fire Chiefs where mutual aid dispatch problems
were discussed as well as Firefighters .Assist and Search 'reams. Those present discussed
needed supplies and Freeville said they had some $18,000 worth of rope that could be shared
® with other departments.
Ron Flynn explained the accountability system required by OSHA for fire fighters,
basically for accountability of every fire fighter of the scene of an incident with it be fire, motor
vehicle accident, or something else. It involves identification tags that gives the fire fighter's
status or qualifications, by color codes. Dryden, Freeville and Varna. several years ago agreed
on the same color codes and are trying to implement that as a standard for the departments
that operate within the Town of Dryden. It has also been discussed on the County level and
there are presently several versions used. Cl Stelick noted Neptune has a laminating system
for the tags and they are going to share that with McLean, Varna and Freeville.
Cl Stelick said another thing discussed that will also be brought up at the board
meeting in April (to be held at Neptune Fire Department) is an incentive for a retirement plan
for volunteer firemen. There will be a representative from Emergency Services Insurance
Program to detail the program.
Cl Stelick and Supv Trumbull rnet with Carl Haynes and two of the deans at TC3 this
week to discuss a number of Town /TC3 issues, including the possible large renovation and
building at the TC3 campus, water and sewer and a number of other things. He said it was a
very productive meeting and he appreciated the opportunity to talk with those individuals.
They expect to have future meetings.
Cl Stelick and Cl Michaels have met with Neptune and Varna Pire Departments in the
last few weeks discussing the fire contract and Cl Stelick said he felt those were very
successful.
O Cl .Stelick said he attended the Recreation Partnership annual meeting. There were
several community members and groups involved in that. 'rhe biggest discussion involved fear
of the Country pulling their share of funding for the partnership. lie said it is a very productive
Page 7 of 25
TB 3- I 1 -04
situation and hopefully the County will listen to the municipalities involved and come to a O
satisfactory solution.
D Putnam said items have been ordered to replace the Freese Road pump station. They
had a problem last week with the bigger pump station and it took a few days to get that fixed
correctly. J Bush mentioned they are starting some work for the Freese Road repair. He has
spoken with the property owner who owns the land surrounding the location of the pump.
They have had to clear some trees in order to get in to make the repairs. The approach to the
bridge will look a little different.
Cl Stelick asked about flow testing and painting the hydrants in Varna. D Putnam said
Balton Point can do that and charge the Town their labor rate, or perhaps the Town's DPW can
paint the hydrants. J Bush noted that painting the hydrants is perhaps something that could
be done by the youth conservation corps this summer. D Putnam noted that all hydrants were
tested and painted in 1.989 or 1990. He will contact Bolton Point about the flow testing.
RECREATION
Jennifer Glaab presented the board with her monthly report. Upcoming events include
Contra Dancing on March 14, March 21, April 4, and April 11 at various locations around
town, a classic rock concert on April 3, Annual Egg Hunt on April 1.1 and Pepsi Pitch Hit & Run
competition on April 24. Details are available on the Town website (www.dryrden.ny.us). The
youth wrestling tournament is scheduled for March 13 ", at the High School. Boy's basketball
is complete and girl's basketball will end with a tournament on March 13111 at Spencer -
VanEtten. The After School Ice Skating Program began March 3rd with 72 registered
participants and is run in connection with the Dryden School Age After School Program at the
elementary school. Lacrosse registrations are available now with the program scheduled to
begin March 23. A modified program was approved by the school, to be funded by the Town,
with the goal being the participants will fundraise for the expenses. As a club this will be open
to all residents of the Town, regardless of whether they go to Dryden Schools. Cl Christofferson
said it was nice to be able to partner with the school. They've had 21 kids sign up who came
from the youth program and would have had no where to play if the school had not agreed to
this partnership. Kiwanis baseball and softball registration forms are now available, with
practices beginning after April 15. The Rec Dept will be co- sponsoring an eight week after -
school youth archery program with Klein's Archery beginning April 13'h for children in grades 1
through 6. Students can participate one or two days per week, cost being $80 for one day and
$150 for two days. The Rec Dept will assist with transportation between the school and Klein's
if necessary. Klein's will pay the Rec Dept $200, of which the Rec Dept will offer a maximum of
4 partial scholarships. J Glaab noted that archery was one of the top items of interest in the
recent survey. Monthly financial report was presented to the board.
Cl Stelick thanked J Glaab for using the community centers in the Town and getting
out to Bethel Grove and the Varna Community Center for the contra dancing. She noted that
once the survey results were compiled, classes will be scheduled throughout the Town. Cl
Stelick noted that this one report indicates a lot of examples of working together. He
commended Cl Christofferson for his part in helping get the modified lacrosse program under
way. The Rec Dept has been working with the community centers, schools, service groups
(Kiwanis), commercial business, fire departments, snowmobile club, etc. Cl Stelick said he
really appreciates the efforts of Jennifer Glaab and without a Rec Coordinator we would not be
in this position. 0
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TI3 3 -1 1 -04
ZONING OFFICER
No report.
Cl
Stelick advised those present.
that ZO Slater had been out for an extended
period of time due
to
severe illness but is now hack
at work.
ENVIRONMENTAL PLANNER
1] Gross has provided board members a proposal to establish a volunteer monitoring
program for Six Mile Creek, and since it. was mailed to i:hem, three pages have been added to
the proposal (intended to strengthen the quality of the data collected). The CAC had some
suggestions about how the data is collected, etc. Cl Christofferson asked for an overview of the
proposal. D Gross said the Six Mile Creek Watershed encompasses four municipalities, the
Towns of 17ryden, Caroline, Ithaca and the Cite of Ithaca. There is a growing movement to have
volunteers working in watershed, There is presently a volunteer monitoring program for the
Nall Creek Watershed and has developed a partnership with the Soil & Water Conservation
District and a local non - profit called the Community Science Institute. The Community
Science Institute has a certified water tasting lab. The idea is to involve interested volunteers
and community members to go out and do some sampling of surface water quality.
D Gross said part of the r
participation about water quality
supporting volunteer monitoring
one of things the Town would do
Watershed.
iew stormwater
issues. This is
programs. The
was support vo
regulations encourage public, education and
a way for local governments to get. involved in
Notice of Intent filed by the Town states that
lunteer programs such as in the Fall Creek
® The Town of Dryden's share of the cost of the program f'or the first year is $1,350, with
the total for the first year being $19,119. Cl Stelick asked if there was enough money in D
Gross's budget for this. She replied that it could be covered with a portion of the money
received from the Town of Caroline ($7,500) under the agreement for environmental planning
services, if that was approved. There was brief discussion about where the funding for the
proposal should come from,
Charlie Srnith, CAC member, said the CAC had reviewed the proposal, and asked some
very hard questions and they have supported. The CAC is supportive of this. Fie said he
believes it is something the Town should undertake with the condition that the leaders of the
project report: at least verbally to the CAC quarterly to assure them ftt.t the quality control
measures are in place and they understand the potential statistical validity of the work. The
three additional pages to the agreement are in response to the CAC's requests. The board is in
favor of the concept and after discussion decided to approve the agreement subject to some
conditions.
RESOLUTION #47 - APPROVE PROPOSAL FOR VOLUNTEER MONITORING
PROGRAM IN SIX MILE CREEK WATERSHED
Cl Stelick offered the following resolution and asked for its adoption:
RESOLVFD, that this Town Board hereby approves t]ie proposal for Volunteer
Monitoring Program in the Six Mile Creek Watershed, subject to approval by the Town
Attorney, and the Supervisor is hereby authorized to execute the same after assurance that
funding is available in the appropriate account.
271d Cl Christofferson
40 Roll Call Vote Cl Michaels Yes
Cl Christofferson Yes
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TB 3 -1 1 -04
Supv Trumbull Yes O
Cl Stelick Yes
Cl Hattery Yes
D Gross has provided the board with a summary of the progress on the Virgil Creek
Aquifer Study. She said it looks like the bulk of the data collection will happen this Spring.
There is a strearn gauge on Virgil Creek and data has been collected from DEC on recent well
drillings and some mapping has begun. The County has come up with funding to help with
aquifer studies in the County. They have the funding to cover half of Dryden's cost, and the
County is trying to determine when to disburse the funds over the remaining years of the
study. They would like to set up a conference all with USGS and someone from the Town of
Dryden. CI Stelick will do that:.
l) Gross presented the board with a proposed agreement with the Town of Caroline to
provide environmental planning. The agreement is the result of efforts of Cl Hattery and Todd
Schmitt. of the Caroline Town Board. It has been reviewed by the 'Town Attorney and the
Caroline Town Board. D Gross said she felt comfortable that she would be able to complete her
work for Dryden as well as provide-, service-: to Caroline. Cl Flattery scud he believes the
agreement provides for the Town of Dryden pulling out. if it seems that D Gross's workload
becomes unreasonable for doing both things. He said one of the nice things was that for
certain things, such as monitoring meetings, she will be able: to serve two Lmards.
RESOLUTION #48 - APPROVE CONTRACT WITH CAROLINE FOR
ENVIRONMENTAL PLANNER SERVICES
Cl Stelick offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves the contract with the Town of
Caroline for Environmental Planner Services and authorizes the Supervisor to sign the same.
21141 Cl Christofferson
Roll Call Vote Cl Michaels Yes
C1 Christofferson Yes
Supv Trumbull Yes
Cl Stelick Yes
Cl Hattei v Yes
RESOLUTION #49 - APPOINT D GROSS TO ITCTC PLANNING COMMITTEE AND
CAYUGA LAKE INTERMUNICIPAL WATERSHED INTERMUNICIPAL ORGANIZATION
Cl Hatter, offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby appoints Deborah Gross as its representative
to the ITCTC Planning Committee and as an alternate to the Cayuga Lake lntermunicipal
Watershed Inter-municipal Organization.
2nd Cl Stelick
Roll Call Vote Cl Michaels Yes
Cl Christofferson Yes
Supv Trumbull Yes
Cl Stelick Yes
Cl Hattery Yes
Pate 10 of �5
TB 3 -1 1 -04
D Gross noted that the 'Town had two positions on the fTCTC Planning Committee and
she wasn't sure if the other person was going to continue, but she would get any resignation in
writing.
Cl Stelick. thanked D Gross for the effort she has put forth since, coming to work for the
Town. She didn't have a lot: of direction in the beginning and has done an outstanding job and
he is very impressed. He said the Town of Dryden is very fortunate to have Jennifer Glaab and
Deb Gross on board. They have accomplished a lot in the past year and the town is moving
forward.
TOWN CLERK
B Hollenbeck has provided the board with her monthly report and asked that minutes
of previous meetings be approved.
RESOLUTION #50 - APPROVE MINUTES
Cl Christofferson offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves the minutes of the following
meetings: January 5, 2004, January 15, 2004, January 27, 2004 and February 12, 2004 (as
amended.
2nrl CI Michaels
Roll Call Vote
DISCUSSION
Cl Michaels Yes
Cl Christofferson Yes
Supv Trumbull Yes
Ci Stelick Yes
Cl Flattery Yes
Lighting for the Meadow Drive /I.,eisurc i..ane area was discussed. 'This is a lighting
district and there had been a request frorn some residents for lighting to an area that was
previously undeveloped, but now has residences. The Supervisor sent a survey to property
ovniers and received 14 yes's and 12 no's. There has been some concern that the benefit is
figured according to assessment, with some feeling that it should be evenly distributed among
the properties. The board reviewed the district and where lights are situated. NYSEG will
install the lights and they will be charged back to the district. Cl Stelick said everyone should
be charged an equal amount instead of it being distributed according to assessment. Cl
Michaels said he thought that people reasonably expected that: lights would go in that area of
the development, and even if it was a significant number saying they didn't want the lights, he
wasn't sure that: a correct way to make the decision. Cl Hatter said the board functioned as
the governing board for the special districts so they can authorize the expenditure of funds
against the district to install more lights, and the cost will be paid for by an increased
assessment in the district.
RESOLUTION #51 - INSTALL LIGHTS IN MEADOW DRIVE /LEISURE LANE
LIGHTING DISTRICT
CI Christofferson offered the following resolution and asked for its adoption:
RESOLVEDD, that this Town Board hereby approves the installation of additional lights
in the Meadow Drive /Leisure Lane Lighting District.
2nd Cl lulatter-v
Pace i I of 25
TLS 3 -I 1-01
Roll Call Vote Cl Michaels Yes
Cl Christofferson Yes
Supv Trumbull Yes
Cl Stelick Yes
Cl Hattery Yes
C1 Stelick said the next item for discussion was health insur~a,nce for elected officials. B
Hollenbeck gathered information from other communities on theirs practices. Cl Christofferson
said it looked to him like Dryden was kind of unique and he would like a see a resolution
drafted and would be interested in hearing Atty, Perkins' thoughts on it. He is said he agrees
that. full -time elected officials should be treated like full -time employees and is in favor of
moving forward with it. Cl Hattery said he would like to see a cost estimate and know what;
account the funds would come. Cl Michaels said he is fortunate to be able to purchase it
through the'Town. Any proposed resolution should include an effective date. The board will
ask Atty Perkins to draft a resolution. CI Hattery said he would like to vote on this next
meeting assuming we have the cost of the total benefit and what account it is coming from.
The board indicated it. would like to have more discussion in the future on things such
as employees paying a percentage of premium.
C1 Flattery introduced the following proposed local law to change the Cortland Sewer
District Sewer Rent Law and the board set the public hearing for April 8, 2004, at 7:00
p.m., at the Dryden Fire Department.
SECTION 1. TITi..E. This local law shall be known as the Town of Dryden Cortland
Road Sewer District Sewer Rent Law.
SECTION 2, AUTHORITY. This sever rent law is enacted pursuant to Article 14 -F of
the New York General Municipal Law.
SECTION 3. APPLICATION. This sewer rent law shall apply to the Cortland Road Sewer
District, any future sewer district extensions or sewer districts established by the Town Board
of the Town of Orvden which collect and transport., in whole or in part, wastewater from its
origin via any such sewer system to the Village of Dryden Wastewater Treatment > acil_ity.
SECTION
h.
BASIS
OF
THE CHARGE
OF SEWER
RENTS.
The basis
of
the charge for
sever rents shall
be
on the consumption of water on the premises
connected
with and served
by the sewer system.
Water shall be measured by means of a water
meter and
shall include all
water furnished
the
premises. in the event that there is no water meter connected to the
premises served
by
the sewer system then a minimum sewer rent shall
be charged and
collected as hereinafter provided.
SECTION 5. PAYMENT DATES; PENALTIES; AND ENFORCEMENT.
(1) Billing of sever rents shall be quarterly with bills due on January 1; April 1.; July 1;
and October 1. Each bill shall be for the preceding quarter.
(2) Payment of the sever rents shall be made within 20 days of billing without penalty.
(3) Any payment received after 20 days of billing shall include a 10 % penal.ty of the
amount due.
Pace 12 of 25
TB 3-11-04
(4) On October 1 of each year, t:he amounts of all past due bills, plus penalties, shall be
certified by the Town Clerk and shall be collected and enforced in the same manner and at the
same time as provided by laws for the collection and enforcement of Town taxes.
SECTION 6. CALCULA'T'ION OF SEWER RENT. The district: shall charge and collect for
the use of the sewer system the sewer rent rates as provided in this local law. in computing
the sewer rent, the following shall apply:
(a) The water meter for the premises connected to the sewer system shall he read and
the water consumption computed for each billing period.
(b) Based upon the water usage, the calculation of the sewer rent shall be made by
multiplying the number of gallons consumed in the billing period by the rates set forth herein.
The product shall be the sewer rent for the billing period.
AMOUNT OF WATER USAGE
RATE
First
1250 gallons
$
37.00
(minimum bill)
Next
13750
gallons
S
2.35
per
thousand
or
part
thereof
Nett
25000
gallons
$
2.75
per
thousand
or
part
thereof
Nest
20000
gallons
$
2.95
per
thousand
or
part
thereof
Next
40000
gallons
$
3.15
per
thousand
or
part
thereof
Thereafter
$
3.35
per
thousand
or
part
thereof
(c) In the event that the product computed according to sub - section (b) above is less
than $37.00 then the bill shall be rounded up to $37.00 which shall be a minimum bill for
each billing period. In the event the premises are not connected to a water meter, then a
nunimum bill as set forth herein shall be imposed for each billing period, until such time as a
waiver meter is installed. All premises served by the sewer system shall have a water meter
installed within three (3) moni :hs of connection of the premises to the sewer system.
SECTION 7. SEW ER RENT FUND.
(A) Revenues derived from sewer rents, including penalties, shall be credited to a special
fund for the sewer district, to he known as the "Cortland Road Sewer District Sewer Rent
Fund." eMo.nies in such fund shall be used in the following order:
(1) For the payment of the costs of operation, maintenance, and repairs of the
sewer system or such part or parts thereof for which sewer rents have been established and
imposed.
(2) For the payment of the interest on and a.mort:i7�ation of, or payment of,
indebtedness which has been or shall be incurred for the construction of sewage treatment and
disposal works with necessauy appurtenances including pumping stations, or for the extension,
enlargement, or replacement of, or addition to, such sewer system, or part: or parts thereof.
Page 13 01'25
TB 3 -1 1 -04
(3) For transportation charges imposed by any other municipality or entity for
the transport of sewage via such other municipalities sewer mains, interceptors or lines.
(B) Such revenues from sewer rents shall not: be used (1) to finance the cost of any
extension or any part of a sewer system (other than any sewage treatment or disposal works
with necessary appurtenances including pumping stations) to serve unsewered areas if such
part has been constructed wholly or partly at the expense of the real property especially
benefitt:ed, or (2) for the payment of the interest on, and the amortization or payment of,
indebtedness which is to be paid in the first instance from assessments upon the benefitted
real property.
SECTION 8, REPEALER, Local Law No. 4 of the year 1983 :adopted by the Town Board
on June 29, 1983 and filed iNlth the Secretary of State on July 18, 1983 is hereby repealed,
except that such repeal shall not effect any sewer rents accrued as of March 31, 2004.
SECTION 9, EFFECI11VE DA'L'E. This local Law shall take effect upon filing with the
Secretary of State and the compliance with the provisions of the New York General Municipal
Law, and for all billing periods which begin on and after April 1, 2004.
Cl Stelick introduced the following proposed resolution increasing the income limits
for senior citizen tax exemption, it was seconded by Cl Hatter y, and the public hearing set
for April 8, 2004, at 7:15 p.m. at the Dryden Fire Department.
WHEREAS, Real Property Tax Law §467 permits the Town Board to adopt a resolution
partially exempting from taxation by the Town certain real property within the 'I10%vn owned by
persons sixty-five (65) years of age or over, and
WIAERIIAS, the Real Property Tax Law provides an option for the Town to set: the
income eligibility levels,
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD AS FOLLOWS:
1. Real property owned by one or more persons each of whom is 65 years of age or
over, or real property owned by a husband and wife, one of whom is 65 years of age or over,
shall be exempt by taxation by the Town of Dryden to the extent set forth in the following
formula:
ANNUAL INCOME
Not more than $'24,000
percent
45
More
than
$24,000
but
less
than $25,000
More
than
$25,000
but
less
than $26,000
More
than
$26,000
but
less
than $27,000
More
than
$27,000
but
less
than $27,900
More
than
$27,900
but
less
than $28,800
More
than
$28,800
but
less
than $29,700
More
than
$29,700
but
less
than $30,600
More
than
$30,600
but
less
than $31,500
More
than
$31 500
but
less
than $32,400
More
than
$32,400
PCRCENTAGE ASSESSED
VALUATION EXEMPT
FROM TAXATION
50
percent
45
percent
40
percent
35
percent
30
percent
25
percent
20
percent
15
percent
10
percent
5
percent.
0
percent
Page 14 of 25
Tai 3 -1 I -114
• 2. Any exemption provided in this resolution shall be computed after all other partial
exemptions allowed by law have been subtracted from the total amount assessed.
3. The real property tax exemption on real property ow-iied by a husband and wife, one
of whom is 65 years of age or over, once granted, shall not be rescinded solely because of the
death of the older spouse so long as the surviving spouse is at: least 62 years of age.
4. No exemption shall be granted:
(a) If the income of the owner or the combined income of the owners of the property
for the income tax year immediately preceding the date of making application for exemption
exceeds the amounts set forth in the formula in this resolution. Income tax year shall mean
the twelve month period for which the owner or owners filed a federal personal income tax
return, or if no such return is filed, the calendar year. Where title is vested in either the
husband or the wife, their combined income may not exceed such sum. Such income shall
include social security and retirement benefits, interest, dividends, total gain from the sale; or
exchange of a capital asset which may be offset by a loss from the sale or exchange of a capital
asset in the same income tax year, net rental income, salary or earnings, and net income from
self- employment:, but shall not include a return of capital, gifts or inheritances. In computing
net rental income and net income from self - employment no depreciation shall be allowed for
tare; exhaustion, wear and tear of real or personal property held for the production of income;
(b) Unless the title of the property shall have been vested in the owner or
one of the owners of the property for at least twelve (12) consecutive months prior to the date of
making application for exemption, provided, however, that in the event of the death of either a
husband or wife in whose name title of the property shall have been vested at the time of death
® and then becomes vested solely in the survivor by virtue of devise by or descent from the
deceased husband or wife, the time of ownership of the property by the deceased husband or
wife shall be deemed also a time of ownership by the survivor and such ownership shall be
deemed continuous for the purposes of computing such period of twelve (12) consecutive
months. In the event of a transfer by either a husband or wife to the other spouse of all or part.
of the tittle to the property, the time of ownership of the property by the transferor spouse shall
be deemed also a time Of ownership by the transferee spouse and such ownership shall be
deemed continuous for the purposes of computing such period of twelve (12) consecutive
months. Where property of the owner or owners has been acquired to replace property
formerly owned by such owner or owners and taken by= eminent domain or other involuntary
proceedings, except a tax sale, the period of ownership of the former property shall be
combined with the period of ownership of the property for which application is .made for
exemption and such periods of ownership shall be deemed to be consecutive for purpose of this
section. Where a residence is sold and replaced with another within one (1) year and both
residences are within the state, the period of ownership of both properties shall be deemed
consecutive for purposes of this resolution. Where the owner or owners transfer tittle to
property which as of the date of transfer was exempt from taxation under the provision of this
resolution, the reacquisition of title by such owner or owners within nine (9) months of the date
of transfer shall be deemed to satisfy the requirement of this paragraph that the title of the
property shall have been vested in the owner or one of the owners for such period of twelve (12)
consecutive months. Where, upon or subsequent to the death of an owner or owners, tittle to
property which as of the elate of such death was exempt from taxation tinder such provisions,
becomes vested, by virtue of devise or descent from the deceased owner or owners, or by
transfer by any other means within nine (9) months after such death, solely in a person or
persons who, at the time of such death, maintained such property as a primary residence, the
requirement of this paragraph that the title of the property shall have been vested in the owner
or one of the owners for such period of twelve (12) consecutive months shall be deemed
satisfied;
Page 15 of 25
I'll 3 -1 1 -04
(c) Unless the property is used exclusively for residential purposes, O
provided, however, that in the event any portion of such property is not so used exclusively for
residential purposes but is used for other purposes, such portion shall be subject to taxation
and the remaining portion only shall be entitled to the exemption provided by this section;
(d) Unless the real property is the legal residence of and is occupied in whole
or in part by the owner or by all of the owners of the property, provided that an owner who is
absent %voile receiving health- related care as sin inpatient of a residential health care facility, as
defnted in Section 2801 of the Public Health L. iw, sha11 be deemed to remain a legal resident
and an occupant of the property while so confined and income accruing to that person shall be
income only to the extent that it exceeds the amount paid by such owner, spouse, or co -owner
for care in the facility; and provided further, that during such confinement such property is not
occupied by other than the spouse or co -owner of such owner.
5. The Town shall notify or cause to be notified, each person owning residential.
real property in t:he Town of the provisions of this resolution. This may be met by a notice or
legend set on or with each tax bill to such persons reading You may be eligible for senior
citizen tax exemptions. Senior citizens have until (month) (day) (year) to
apply for such exemptions. For information please call or write V 11 followed
by the name, telephone number and/or address of a person or department selected to explain
the provisions of this resolution. Failure to notify, or cause to be notified any person who is, in
fact, eligible to receive the exemption provided by this resolution or the failure of such person
to receive the same shall not prevent the levy, collection and enforcement of the payment: of the
taxes on property owned by such person.
h. Application for such exemption must be made by the owner, or all of the owners
of the property, on forms prescribed by the Office of Real Property Services and shall furnish
the information and be executed in the manner required or prescribed in such forms, and shall
be filed in such assessors office on or before the taxable status date.
7. At least sixty (60) days prior to the taxable status date, there shall be mailed to
each person who was granted an aged exemption on the latest completed assessment roll a.n
application form and a notice that such application rnust be filed on or before the taxable
status date and be approved in order for the exemption to be granted. Within three (3) days of
the completion and filing of the tentative assessment roll, notice by mail shall be given to any
applicant who has included with his application at least one self- addressed, pre -paid envelope,
of the approval or denial of the application; provided, however, that upon the receipt and tiling
of the application there shall be sent by mail notification of receipt: of the same to any applicant
who has included two (2) of such envelopes with the application. Where an applicant is
entitled to a notice of denial such notice shall be on a form prescribed by the State Board of
Equalization and Assessment and shall state the reasons for such denial and shall further
state that the applicant may have such determination reviewed in the manner provided by law.
Failure to mail any such application form or notices or the failure of such person to receive any
of the same shall not prevent the levy, collection and enforcement of the payment of the taxes
on property owned by such person.
8. Any conviction of having
made any willful false statement
in the application for
such
excyTiption, shall
be punishable as
set forth in
Real Property Tax I�sw
Section 467(7).
Cl Michaels introduced the following proposed local law increasing the income limits
for persons with disabilities tax exemption, and set the public hearing for April 8, 2004,
at 7:30 p.m. at the Dryden Fire Department.
Pale I
0 of 25
TB 3 -1 1 -114
I , Section 2 of Local Law No. 2 of year 2000 of the Town of Dryden, entitled
"A Local Law providing for a partial tax exemption for real property owned by
persons writh disabilities whose incomes are limited by reason of such disability," as
amended by Local Law No_ 1. of the year 2001, is hereby further amended to read as
follows:
"2. Real property located i.n the Town of Dryden, owned by one or
more persons each of whom is disabled and whose income is limited by
reason of such disability or real property owned by husband and wife, or
siblings one of whom is disabled and whose income is limited by reason
of such disability shall be partially exempt from taxation by said Town
for the applicable taxes specified in Section 459 -c based upon the income
of the owner or combined income of the owners. Such partial exemption
shall be to the extent set forth in the schedule following.
ANNUAL INCOME
Not more than $24,000
percent
45
More
than
$24,000
but
less
than $25,000
More
than
$25,000
but
less
than $,26,000
More
than
$26,000
but
less
than $27,000
More
than
$27,000
but
less
than $27,900
More
than
$27,900
but
less
than $28,800
More
than
$28,800
but
less
thv-i $29,700
More
than
$29,700
but
less
than $30,600
More
than
$30,600
but:
less
than $31,500
More
than
$31,500
but
less
than $32,400
More
than
532,400
follows:
PERCENTAGE ASSESSED
VALUATION EXEMPT4
FROM TAXATION
50
percent
45
percent
40
percent
35
percent
30
percent
25
percent
20
percent
15
percent
10
percent
5
percent
0
percent"
2. Section 6 of said Local Law No. 1 of the year 2001, is hereby amended to read as
"This local law shall be applicable to the `l'o«si tax for assessment rolls based on
taxable status dates occurring on or after January= 1, 2004 and the provisions of said local
law shall govern the grviting of an exemption under Section 459 -c, notwithstanding any
contrary provisions of that. section."
3. This local law shall tu1ke effect upon filing with the Secretary of State.
It is necessary to have another public hearing on the phosphorus removal project
because of an increase in cost.
The board discussed the proposed local law converting the Conservation Advisory
Council to a Conservation Board and what kinds of projects would be referred to the new
board. Cl Christofferson is concerned that a simple :addition to A. building could trigger a
referral. Cl Hattery, said the referral comes to one of the other existing boards in the Town. ZO
Slates' could also encourage vi applicant for a project to seek advice from the new Conservation
Board. Cl Christofferson does not want to add another of laver of bureaucracy to simple
building applications, and Cl Hattery and Cl Stelick assured him that is not the case;. C Smith
of the CAC said this is a reasonable approach for reasonable people to work out details as we
go along and there is a measure of trust on both sides. The Conservation Board will respond to
requests to be of assistance.
Pa�.�e 17 of 25
T13 3 -1 1 -01
PT LAW OF 04 CONVERTING THE CONSERVATION
RESOLUTION #52 ADO LOCAL #1 20 CO O
ADVISORY COUNCIL TO A CONSERVATION BOARD
CI Michaels offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby adopts Local Law No. 1 of 2004 as follows
and the Town Clerk is directed to file the same with the Secretary of State of the State of New
Yo rlc :
Section 1. HISTORY. Local Law No. 4 of the year 2000 adopted by the Town Board of
the Town of Dryden created the Town of Dryden Conservation Advisory Council (CAC). The
CAC prepared and tiled with the Town Board the Open Space Inventory of the Town of Dryden
dated May 15, 2003. Fay 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
§239 -y permits the Tower Board to designate the CAC as a Conservation Board.
Section 2. i12E1DFSIGN'ATION. The CAC established by Local Law ho. 4 of the year
2000 is hereby designated the Town of Dryden Conservation Board ( "Conservation Board ").
Section 3. PURPOSE. (A) 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 referred to it by the Town Board, Building
and Zoning Department, Planning Board, Zoning Board of Appeals, or other administrative
body, including the Site Plan Review Board. The Town Board anticipates that the Conservation
Board will serve as an advisory board, especially for actions designated as Type I under the
New York Environmental Quality Review Act (Environmental Conservation Law Article 8) and
the regulations promulgated thereunder (6NTYCRR fart 617), or unlisted actions which are
likely to trigger a positive declaration of significant adverse environmental impact.
(B) The Conservation Board shall submit a written report to the referring body within
such time as the body referring the same shall specify.
(C) Devc;lopers and /or applicants are strongly encouraged to present their proposals to
the Conservation Board for review and comment prior to formally submitting their application.
There shall be no fee to submit proposals to the Conservation Board. The Town Board strongly
encourages such early review and comment. by the Conservation Board in order that projects
will identify areas of significant environment concern early in the planing process and take
appropriate; steps to eliminate or mitigate the same to the maximum extent: possible.
(D) All such reports shall, in addition to review and comment on environmental
concerns, include evaluation of the proposed use or development on 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 also 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 conservation. A copy of every report shall be filed
with the Town Board. All such reports shall be available for public inspection.
(E) Nothing contained herein shall be deemed to extend the time limits contained in
any ordinance, local law, statute or regulation.
Section 4. ADDITIONAL DUTIES. The Conservation Board shall perform such
additional duties as may be assigned to it: by resolution of the Town Board.
Page 13 of 25
TI3 3-11-04
Section 5. CONTINUATION. The Conservation Board shall continue to exercise the
functions and responsibilities heretofore granted to the CAC.
Section h. EFFECTIVE IRATE. This local law shall take effect upon filing with the
Secretary of State.
2nd Cl Hattery
Roll Call Vote Cl
Cl
St
Cl
Cl
Michaels Yes
Christofferson Yes
ipv Trumbull Yes
Stelick Yes
Hattery Yes
The board has copies of the proposed fire contracts for each department. Cl Michaels
said the only change made to the contracts from last year were the amounts and a provision
was added to standard terms: "Paragraph l$. The Company agrees to establish a capital
equipment reserve account to purchase capital equipment. The Company agrees that
$ of the first payment made under this contract shall be deposited into said
account and the use of such funds shall be restricted by the Company to capital equipment
purchases." Fie said they had talked with Varna and Neptune and those departments thought
it was fine. The concern expressed by all the departments was that we were paving 50% of the
contract price in the first: payment and the remaining 50% would be divided by three and paid
over the next three quarters of the year. The proposal of the Town Board was that we would
pay the entirety of the capital equipment expenditure in the first payment, take the remaining
portion and pay 50% of that in the first payment, and divide the remaining balance by three to
be paid the next three quarters. Cl Michaels said generally speaking, it is really not an issue
for three of the departments. He is recommending that Etna's contract not be approved tonight
until they can meet: with them and resolve some outstanding issues.
RESOLUTION #53 - AUTHORIZE FIRE CONTRACT WITH NEPTUNE
CI Michaels offered t:he following resolution and asked for its adoption:
RESOLVED, ghat this Town Board hereby approves the fire contract: i ?Oth Neptune Hose
Company No. 1 of Dryden, Inc. and authorizes the Town Supervisor to execute the same.
2nd Cl Stelick
Roll Call Vote
Cl Michaels Yes
Cl Christofferson Yes
Supv Trumbull Yes
Cl Stelick Yes
Cl Hattery Yes
RESOLUTION #54 - AUTHORIZE FIRE CONTRACT WITH WB STRONG
Cl Michaels offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves the fire; contract % ith W.B. Strong
Fire Company of Freeville, Inc. and authorizes the Town Supervisor to execute the satne.
21141 Cl Stelick
Roll Call Vote
Cl Michaels Yes
Cl Christofferson Yes
Supv Trumbull Yeti
Cl Stelick Yes
Page 19 of 25
T13 3-11-04
Cl Hattery
Yes
RESOLUTION #55 - AUTHORIZE FIRE CONTRACT WITH VARNA
Cl Michaels offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves the fire contract. with Varna
Volunteer Dire Company, inc. and authorizes the Town Supervisor to execute the same.
2,A Cl Stelick
Roll Call Vote
Cl Michaels Yes
Cl Christofferson Yes
Supv Trumbull Yes
Cl Stelick Yes
Cl Hattery Yes
C1 Michaels noted the previous discussion does not apply to Brooletondale as their
contract is for $15,000.
RESOLUTION #56 - AUTHORIZE FIRE CONTRACT WITH BROOKTONDALE
Cl Michaels offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves the fire contract; with 13rooktondale
Fire District and authorizes the Town Supervisor to execute the same.
231d Cl Stelick
Roll Call Vote Cl
Cl
St
Cl
Cl
Michaels Yes
Christofferson Yes
ipv Trumbull Yes
Stelick Yes
Hattery Yes
Cl Michaels said he and Cl Stelick had met with the boards of Neptune and Varna and
they feel the departments are working very well together on compatibility of their equipment,
and they are satisfied that this is getting a great deal of attention from the departments in the
town and even beyond. One area that is of concern, noted mainly from the call logs, is that
Etna is one of the lower departments in terms of volunteers at certain times of the day and
when they get toned out for a call it is often necessary to tone one of the other departments.
One of the topics of discussion is an automatic mutual aid for Neptune, Varna or Freeville to
help cover, potentially adjusting some covered by them. All the departments are looking at
automatic mutual aid for certain types of calls. Once they know what they are looking for, the
Suggestion is that town board members go with them to make those requests from the County.
They have asked for records of instances in which Etna was unable to respond. C1 Michaels
said there are lots of opinions about what is going on, but the reality is that even the healthy
departments are going to be dealing with a lack of volunteers at some point. The core group of
volunteers is not. being regenerated. They are going to be exploring with the departments ways
LO increase volunteers. Dana Abbey stated Neptune did have an insert: in The Shopper this
week asking for volunteers.
Cl Stelick stated that all the fire departments in the town, with the exception of Etna,
have been through an audit. Final copies of the audits frorrt Sciarabba Walker have been
received and were distributed to board members.
Page 20 of 25
T13 3 -11 -W
Supv Trumbull said he has been approached by an ad hoc committee who are in favor
of saving the Dryden Lake Golf Course. They come up with the names of three compa lies that
do feasibility studies on golf courses. The National Golf Foundation in Florida would charge
$141000 plus airfare, etc. and that was quickly dismissed as too expensive. Another is Jordan
Designs near Syracuse, New York, who would charge $$,000 to $35,000. The other is Tallman
and Demarest in Ithaca, connected with Cornell University. They met with the conirnittee and
will charge $5,000 to do the same; work, looking at the history, marketability of golf in the area,
competitive facility overview, existing facility and course, including management, clubhouse,
membership, etc. They will make recommendations on the existing course could be improved
:and snake financial projections. Their fee is $4,000 with a contingence of $1,000 so the total
fee would not exceed $5,000. C1 Stelick said this would be a snore in depth analysis than
originally received. Cl Hattery asked why we would do this unless we were ready to be engaged
with an offer. Supv Trumbull said he has heard they are presently in receivership and it will
probably be sold in June or July. Cl Stelick said this was part of what the board was looking
for when they made an offer with a 90 clay window to gather more information. 114 Robertson
asked when the public comment period would be and Supv Trumbull said after we 1-rad
received a feasibility study. Cl Flattery said he is not interested. Cl Michaels said he was
somewhat torn and sees some potential for it. Supv TrUlnbUII said the study could be
completed by the middle of Mae, prior to the time the course would go up for sale. Cl
Christofferson said he was also torn. Supv Trumbull said he would like to the land preserved,
not necessarily for a golf course. Cl Christofferson said it was a great opportunity to do some
really interesting things for the town as long as the price and what we are able to do with it
makes sense, and he doesn't know how to make that judgement without someone looking at it.
It: is good open space, has great: potential for recreation, great: potential for the town to be able
to help control the chemicals that are going into the 11ke.
Cl Michaels asked Cl Hattery what his olZiection to it: was. He replied the only reason he
could see to get involved would be as an intermediary in order to put some restrictions on what
happens so that the lake cluality isn't deteriorated because he thinks the current use and
current management practices for golf courses is going to exacerbate what has happened to the
lake. He personally is not anxious to see the Town operating a golf course and would not
support that.
Cl Michaels said his concern is that his frequent criticism of municipalities when it:
comes to planning issues is they see this vacant land that someone wants to build up, and the
municipality comes up with all sort's of ways to throw hurdles at developers. He said if you
really feel this should be preserved as open space, then in the public interest buy the land for
public welfare, and said the Town is finding itself in this position. This is one our best natural
resource assets and we could own. half of the lake front. C1 Hattery said he is riot sure it is our
best natural resource asset; there are a lot in this Town.
C Smith said this seems to be something the new Conservation Board could look at. He
has heard some very positive things. This is news to him and he said there seems to be an
opportunity, here to improve the water quality or to see it worsen.
M Robertson if you have clone a survey and said we really need recreation, open space
and this is the place to put it then that makes sense.. it seems right now tick Board is reacting
to something that happens to be on the market and this is where it: happens to be. She said
from a town -vide perspective they have identified what the need is and the best location. She
said as Cl Hattery said the Town could take control temporarily and if public lake front access
is an issue say that any future development might be required to have a walkway or a buffer.
® Cl Stelick said he thinks the need is there and his concern is if this goes away, it's not
coming back. He said he has a problem with twenty more houses going around the lake and
remembers when it was a wild area. He has seen too many lakes disappear behind growth. C
Page 21 of 25
TB 3 -1 1 -U4
Smith said the contiguity of the existing recreational area on the state; side argues for its
position being important and it is an option that we don't always have. It could be a real
opportunity.
C1 Christofferson asked C Smith what: kind of time the Conservation Board would need
to look at this. C Smith said lie .would ask the Chair if they could have a special meeting.
Cl Michaels said his concern is not having the information they need to make a decision
and lie will support having the study done. [lis fear is that the board won't hear a lot: about it,
it will go up for sale, and then the community will be upset when they see building lots there.
He said as interested as he is now in preserving the open space, he will be very resistant to
putting roadblocks in the way of someone who paid good, hard cash for the property.
RESOLUTION #57 - AUTHORIZE CONTRACT WITH TALLMAN & DEMAREST
Cl Michaels offered the fallowing resolution and asked for its adoption;
RESOLVED, that this Town Board does hereby authorize the Supervisor to execute a
contract on behalf of the Town with Tallman & Demarest to do a feasibility study of the Dryden
Lake golf course, at a cost not to exceed $5,000, subject to approval of the Town Attorney.
2114 Cl Stelick
Roll Call Vote Cl Michaels Yes
Cl Christofferson, Yes
Supv Trumbull Yes
Cl Stelick Yes
Cl H.attery Yes
19
RESOLUTION #58 - AUTHORIZE ABSTRACT # 103
Cl Michaels offered the following resolution and asked for its adoption:
RESOLVED, that this 'Town Board does hereby approve Abstract #103, as audited,
vouchers # 176 through #282, totaling $242,61.5.54.
211' Cl Stelick
Roll Call Vote Cl Michaels Yes
Cl Christofferson Yes
Supv Trumbull Yes
CI Stelick Yes
C1 Hat:tery Yes
Because of the increased cost of the phosphorus removal project: for the jointly owned
sewage plant, there needs to be another public hearing.
RESOLUTION #59 - ORDER CALLING PUBLIC HEARING
IN THE MATTER OF THE PROPOSED PHOSPHOROUS REMOVAL PROJECT FOR THE
SEWAGE TREATMENT PLANT iN THEW CITY OF rmACA SERVING THE TOWN OF DRYDEN TO
BE KNOWN AS THE JOINT SEWAGE TREATMENT PLANT PHOSPHORUS REMOVAL
IMPROVEMENT PROJECT PURSUANT TO TOWN LAW §202 -b 40
Pttge 22 of 25
T13 3 -1 1 -04
• WHEREAS, a plan, report and map have been duly prepared in such manner and in
such detail as heretofore has been determined by the Town Board of the Town of Dryden,
'Tompkins County, New York, relating to the construction, pursuant to Towel l.aw § 202 -b of
sewer system improvements to be known and identified as the Joint Sewage Treatment: Plant
Phosphorus Removal Improvement Project, and hereinafter also referred to as "improvement,"
to provide such sewer improvement to the present sewage treatment plant in the City of Ithaca
managed jointly with the Towns of Ithaca and Dryden and providing sewage treatment services
for the Town sewer districts served by such sewage treatment plant, such sewer system
improvement to be constructed and owned by the '1'owril of Ithaca, Town of Dryden, and the City
of Ithaca, and
WHEREAS, said plan, report and map have been prepared by Stearns and Wheler,
Professional Engineers, duly licensed by the State of New York and have been filed in the office
of the Town Clerk where they are available for public inspection, and
WHEREAS, the area of said Town determined to be benefitted
by said Joint
Sewage.
Treatment Plant Phosphorus Removal Improvement
Project consists of
the entire area
of said
Towtt sewer districts seared by the sewage treatment:
plant in the Cite of
Ithaca, and
WHEREAS, the proposed Joint Sewage Treatment Plant. Phosphorus Removal
Improvement Project consists of the sewer improvements set forth below, as more particularly
shown and described in said map, plan and report presently on file in the Office of the Town
Clerk:
Construction and installation
associated reinforced concrete
process stream, adjacent: to th
sewage treatment plant located
with associated controls, piping,
of a teritary high rage settling process and
structure on piles at the end of the current
F
nal effluent channel at the jointly operated
at 525 'Chird Street, Ithaca, New York, together
and other structures, arid
WHEREAS, a public hearing on said plan, report and map was held by the Town Board
of the Town of Dryden on July 9, 2003 at which hearing all interested persons in the subject
were heard on the questions of providing of said Joint: Sewage Treatment Phosphorous Removal
Improvement Project, and the question of executing any related agreement, and
WI- MPREAS, following said public hearing the Town Board of the Town of Dryden
adopted a Public Interest Order on July 9, 2003, approving the improvement with a maximum
proposed amount to be expended of $4,115,000 of which the Town of Dryden's share was not
to exceed $81,477.00, and
WHEREAS, following
the construction bid opening
for the improvement,
the
lowest
responsible bids exceeded
the
project budget resulting in a revised total project cost,
and
WHEREAS, the Town Board of the Town of Dryden adopted an order on September 11,
2003, calling a further public hearing upon said plan, report: and map including a revised
estimate of cost and the question of providing of said Joint Sewage Treatment: Plant
Phosphorous Removal Improvement Project, and the question of executing viv related
agreement, and to hear all persons interested in the subject thereof, all in accordance with the
provisions of Town Law § 202 -b and applicable provisions of the General Mtulicipal Law and
Local Finance Law, and
WHERLAS, the Town [hoard of the Town of Dryden held a public hearing on Octobcr 1,
2003 to further consider the aforesaid plan, report and map, a-nd the question of providing said
joint improvement: project and the question of executing the related agreement, and
Pace 23 of 25
TB 3 -1 1 -04
WHEREAS, following said public hearing the Town Board of the Town of Dryden
adopted a Public Interest Order on October 1, 2003 which approved the joint improvement with
a maximum proposed amount to be expanded of $4,448,500.00 of which the Town of Dryden's
share is not to exceed $88,070.41., and approved a plan for payment of the `I'ourn of Dryden's
share, and
WHEREAS, due to delays in receiving a satisfactory commitment from New York State
for its anticipated funding share, the time in which the bidders on the project could be held to
their bids expired and such bidders will no longer honor the amounts of their previous bids,
and
WHEREAS, newly revised estimates of the total project cost result in a higher estimated
maximum amount proposed to be expended, and
WHEREAS, it is now necessary to consider approving a revised maximum amount to be
expended by the Town of Dryden for the aforesaid improvement, and
WHEREAS, the revised maximum proposed to be expended for the aforesaid
improvement is now $4,9757000,00 of which the 'Town of Dryden's share is not to exceed
$98,505.00, and the proposed method of payment of the Town's share consists of payment of
said Town's share out of the SUrplus funds and current revenues in they Town of Dryden Sewer
Districts, and
WHEREAS, the implementation of this project will be through a joint agreement with
the City of Ithaca and the Town of Ithaca.
NOW, THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town of
Dryden, Tompkins County, New York, as follows:
Section 1. A public hearing will be held at. the Dryden Fire Hall, Neptune Drive,
Dryden in said Town, on the 8th day of April, 2004 at 7:45 o'clock P.M., to consider the
aforesaid) plan, .report and map and the questions of the providing of said .,Joint Sewage
Treatment Phosphorous Removal Improvement project, and to hear all persons interested in
the subject thereof, all in accordance with the provisions of Town Law §202 -b and applicable
provisions of the General Municipal Law and Local Finance Law.
Section 2. The Town Clerk is hereby authorized and directed to cause a copy of this
order to be published once in the official newspaper of the Municipality, and also to post a copy
thereof on the Town signboard maintained by the Clerk, not less than ten nor more than
twenty days before the day designated for the hearing as aforesaid.
Section 3. This order shall u3ke effect immediately.
2 %ld Supv Trumbull
Roll Call Vote
Cl Michaels Yes
Cl Christofferson Yes
Supv Trumbull Yes
Cl Stelick Yes
Cl Michaels Yes
M Robertson asked whether an appointment would. be made to the Planning Board
tonight. Cl Stelick said he and CI Ha.ttery had discussed that tonight and they would like to
wait until next month.
Page 24 c)f25
O
TB 3-11-04
On motion of Cl Stelick, seconded by Supv Trumbull, the board moved into executive
session at 9:45 p.rn_ to discussion the possible acquisition of real property, and th.e
employment history of a particular individual. No action was taken and the meeting was
adjourned at 10:15 p.m.
Respectfully submitted,
� IbI AM(Tt�L'l�,�e -a~iJC
Barnbi L_ Hollenbeck
Town Clerk
a
Page 25 of 25