HomeMy WebLinkAbout2004-05-1340
1413 5 -13 -04
TO WN OF DRYDEN
TOWN BOARD MEETING
May 13, 2004
Presento Supv Steven Tulnbti I1. CI Steplicn Ste] ick, Jr.. Cl Martin
Iiristoffcmon, CI ChrisLopher X- Iichaa Il , C I Michael Napery
Flcctud Officiak Bomhi I:.. HoIIonhock, TO Clerk
Other Town Slaffi. Mahlon It. Perkins, Town Attorriev
HenrvSIater, LaningOflicer
Debbie Gross. Lnvironnicntal Plainer
Dane 1'4imarn, TG Miller, Ian i nee nn47
Supv Trurnbitll opened the rne,(,ting ai: 7:07 p, m, and led board ineinbers and the
audic;nee in the pledge of allegiance,
PUBLIC HEARING
PROPOSED LOCAL LAW AMENDING THE TOWN OF DRYDEYS
LOCAL LAW RE ULATINCY THE SITING OF TELECOMMUNICATIONS
TOWERS AND ANTENNAE
UpV Trurrtt)LI11 opened the public hearing at 7 =08 p.ra. and Town Clerk read the notice
published in 'fire ft.h.crca Journal. This proposed 10001 law revises the clefin1tion or PA F,
Envi-omuental Assessrncnf. Form, in the case of an applioo.ti0n to co- locate and revise% liability
insurance and indemnification requireinont.s in the case of non -town ow1-ied property, Supv
Truoibull rend the text of the }proposed local lave for thc}se present. There were no questions
fratn board me tubers or the public and the1 hearing was left open at: 7:1.2 p,rn.
PUBLIC HEARING
APPLICATION OF MCHOLAS BELLASARIO, d {b /a PRO -LAWN
TO ESTABLISH A SELF - STORAGE FACILITY
AT f OAKBROOK DRIVE
upv Truinbull opened the public hearing at 7:13 p.m- and Town Clerk read the notice
published in 7'he f h,,ca Jour�izat_ `C hc; project as proposed will consist of four {4J 2Q' x 120' pre -
engineered structurc,s_ ZO Slater said tha( on April 26 the position of the Tompkins Co unty
f fanning Dc_pa.rtment was that. the project dick have a negative impact on inter- corn rnu ni ty and
count} i��terests, citing several reasons supporting that opinion. Today they reversed their
opinion and st -ated that it doesn't: havve any negative impact as proposed and the suggestions
they still retain fro En April 26 are m ere ky suggestions. COPies of 1:he letter from the CO Ll11ty were
given [.o board inejnbers- The County also sent examples of aesthetically pleasing storage
facilities that might be suggested for this site. The OU]JtV WaS a .90„cerned that 1:he project have
a l itched roof and it doe: �_ There are sevor�l colors that c o,u1d be chosen for the build ings_ O
Deter said they only just received some engi]ieering d0(9LA nentation, though. it is limitc;d and
was oily just delivered to the TOWTI Ellgilleet', so it. makes it dili`ie~uIt for Dave Putnam to form
an opinion as to whether it sa6sFies the Towrk'q requirement; with respect, to a 25 year storm
event.
Applicant. Nick Bella sario said because the shape: of the lot rapers the buildings would
have to be clanged and krill be 2W x 140', slowing going dokvn. Her desciibed for the board tl,e
4B- way the water would draill, going backwards into a su+ale and coming back ground Belong the
road right. of way. He said lie has no probfem wi1:l, .fencing or screening the property- He said
page I eel 25
'fli S -I�)-C4
he had raised 1,he driveway several feet a year or sty op. and people can see back of the
neighbor's house. He offered to pull a stockade fence along her p»operCy. N Bellasarlo reviewed
the site plan ��-rith board members,
Cl Hattery awRcd whether the facility } }could be lighted- N Bellasario said the .facility
would oily be open during daylight bourn and so lighting would not be a.n. ie�uc-
D Ponam said the board had a lcti:er from him ikvith respect: to what lie had received
prior to today, and lhal' he needed to do addilaonal review, ZO Slater said th[} board could
approve the special permit on the condition that engineering concerns be addressed and a
consEMCd01-1 permit WOLLId not be issued un(il that time.
D Gross said a 1) EC permit may not hr.L required, it would depend on the annaunt of
ground surface that wouId ai;tually be disturbed, but there is a question a.bo0t r.hat at this
point- N Bellasario said his engineer -had filled out the Notice of Intent in the event it is needed.
Supv TT- unibuII asked if there was :kriyone present woo wis],ed to comment on the
application. Susan Boutros, who owns property ad.jactlnnt to the project, identified her property.
for 11 he board, She said N Beilia4sario l,od brought in quite a bit of soil and widened the road in
the ptms1:.y ax s and that ha Ls sMrted to kill ti -cc s in the area. When there is a heavy storm she
has occasianalJ.y l]Ci ii flooded. he paid the board nr}ccls Lo address the issue of the 25 year
flood, end said we seeni r.n hake 2 5 rear rains; ever,}F other year.
13outros said i :be contotLr n-Laps ma.y be inaccurate. They were prepared in 19$9 and
don't shoo' regrading since then- She said the way they plan to drain the project may be
inappropri;�te- Many trees have died over the years. Flog p;� der ns have been changed aid her
ba ",ernLnt fLood.s. She is concerned with deterioration of the vegetation.
S Boutros said that her 1-imise is situated verb+ close to the drive av and kvl,Af. is now
accessed iTli'CTMIttent]y wiII now by the owncrs estimation have four or five cars a day passing
bv- She said she had talked to owners of some storage areas and they said that most of the
tr•l.ffic is in the suman(.,r on the weekcrnds, and that is exactly the time she will 1000nC io utilize
her yard. She wi1.1 now have a lack of privacy in her l ckyard. She said her house has a
deceDt a5se�5ged value and she is not !3LLTC if she 45rere W try and se11 it whether she mriould be
able to realize the assessed value because ofth(. storage area.. She said she does not want
lighting at night, and daces not {h-t�n.t a lot of trriftic %ri the area, fMe said the pljcci needs #o be
looked at more clo %eiy.
Cl J•latte.ry asked her how s }3e felt about a screening rence. SMe said the fence} WO LLId
have to be put on the road ii:selif because of the heighi: of the ruad- The road is just about equal
with. tbt second door of the ]louse, two bedre }ems tuzd thf: major bathroom being along the
ruad. She said jutting the fence on the road would probably mean widening the road, which
will Id 11 inure or the trees, that already the nloven,erti of the soil has started to kill the trcties that
are thc;re, both on r3ellasario's property and on hers. C1 14attery said those issues aside, wouA
o fence add mss her cancerns and she said it depends on what it looks life,
Ed Neutron, S Boutros' son, said t.hcy also okvn the property above her house Arid he
thiks the key poi
n nt is .no 1: to make the driveway into a public thorc}ughfare which it will be on
the weckends. H said he tai kccl with N Sellasario earlier toda}+, and hr uFati#s tQ put storage
in front of the house where he C:Urrently has his mulch business - Fie said business and
residfnces aLTe int'erining'l#;d in the area an.d he_ felt it }would be a bcl.ter deal to put the si'orage
facility in front of the Bellac :ario propty rty and move the in aIch business to the proposed site.
This would cut down on traaftic. 100 storage units means 106 different people accessing the
prop[_rty when chfLy need to, especially an } rcekends.
144 5 -13 -013
Cl Stelick asked if there was a map newer than the one submitted. After discussion it
was determined that there was not, and N Bellasario said the property hadn't changed much at
all. D Putnam said for their review, they need more topographic information than they have.
S Boutros said she is concerned whether a fence will solve the problem. She doesn't
want to say yes and then end up with something that: is not acceptable and she is concerned
about the privacy of her property. She also doesn't believe the drainage plan as it is will be
able to carry the water, because it hasn't in the past prevented the water from entering her
property.
Kathleen Doerge said she works for Environmental Associates and is also Ed Boutros,
Jr's significant other. She asked how the project could be so far along in the process without
them recei%dng notification and having opportunity for public cornment. ZO Slater explained
that the Town proceeded according to the provisions of New York General Municipal Law and
explained the provisions for public notification. He said the project has to be developed before
it can be reviewed. He pointed out that the letter sent to adjacent property owners explained
they could come to his office and review the project. prior to the hearing. K Doerge asked what
the conditions made the County reverse its position and ZO Slater said he did not. know.
K Doerge said the Boutros have a deck on the back of their house that protrudes to
within 20 feet of this driveway. She doesn't believe anyone would like a road build within 20
feet of their bedrooms and their bathroom. She said it doesn't appear anyone is applying
common sense, because their property xvill be devasted. She said ProL.awn has a mulch and
stone business in front of the Boutros' house and when this project is approved, it will be
behind their house, plus a road that is heavily traveled by heavy trucks on the third side. She
asked who would ever want to buy a house that is bordered by two commercial properties and
• a busy road. She said someone has to have some oversight on this area. of the township and
the degradation of t:he area that is occurring and has occurred over the past several years is
making the transition to fully commercial. She suggested that N Bellasario should buy the
Boutros property and said they are going to have a house that they are unable to sell for their
retirement.
K Doerge said that over the years N Bellasario has never honored property lines,
constantly dumping on their property, constantly using heavy trucks, and knocking down trees
and making a parking lot for his employees on the Boutros' property. N Bellasario said his
employees park at: his business. K Doerge said that N Bellasario never discusses changes with
his neighbors. Supv Trumbull said he understood what she was trying to say, but it was
properly part of this hearing. K Doerge said she does not expect him to observe property lines
in this situation and never makes an attempt to restore anything to it:s original condition. She
said she has just had it, and it is almost unlivable at this point, and this project could put the
death nil on their property. She said it is sort of a lawless situation there, and the Tow n
should decide if they want: this to go to commercia completely, let him. buy the Boutros' house
and use it. She doesn't like seeing the plans presented without input; and Cl Hattery said the
reason for the hearing was to provide input, and this is not a done deal.
Margaret Ackerblade said they own property below where the project is proposed, She
said that some trees have died, but she believes it is a situation that N Bellasario inherited and
believes he has tried to mitigate some the problems. She said when they bought their home, it
was all trees behind them, and there was an interim owner who did the development there. In
their experience N Bellasario has been a good neighbor and has responded to their concerns.
She said they lost their driveway when the previous owner had the property and now they get
little or no runoff and have had no damage. Bellasario has done things to improve the property
is including the drainage swale, arid has also improved the visual impact. She said they live on
Route 366 and will not. be impacted by an additional five or six cars. They have found him to
be a good neighbor. She said there are a lot. of rules and regulations that have to be satisfied
Pa%;P s of 25
T13 5 -13 -04
in order for this to move forward. She is kind of excited because he has the landscaping
business and thinks that over the years he will probably reforest the area. There haven't been 40
any more trees dicing from anyi:hing that he has done in the areas they look at that wasn't
already started by the previous o%%rner. She said the drainage seems a. better way of doing
things and may actually improve what goes into Fall Creek. She said they will hear the cars
and if there is lighting they will be affected by that, but there are ways of dealing with it. She
said the area has a lot of businesses, including the Antlers, Pro Lawn, and the business before
it, Staley's business, and they are completely surrounded by businesses and they have found
them to be good neighbors in working through problems.
D Cross said the current DEC storm water regulations were implemented to prevent
exactly the sort of problem that happened with the previous owners. She said according to the
letter of the law, unless the current project disturbs more than one acre, the DEC permit will
not apply, but because there is a previous disturbance and concerns about drainage, going
through the DEC process may be a really good way of addressing the drainage concern. If the
project is very close to disturbing one acre, it would be a good idea for the engineers t:o look at
the storm water procedure.
Cl Michaels confirmed with the applicant that: the property had not been surveyed in its
Current condition for topographical content. He said looking at the current maps they are
seeing very flat areas and very contoured areas on the very same piece of land. it would be
appropriate before a decision is made to identify and address what. the current contours are. N
Bellasario stated they are also draining a town road because there is no culvert crossing. Cl
Michaels said looking at. a storm water management plan and just: looking at. the contours for
the dii:ch and ignoring what is either a flat plateau above it or 1.00' or 200' of slope is not the
way to proceed. Before the engineers evaluate it they need to know what: they are planning for.
Cl Michaels said what they need is a survey of where the water is going to collect from. Both
the County and the neighbors are concerned about. the water. Cl Michaels said in addition to
the contour reap, the board will be verve interested in seeing what: the fence is going to look like
and what the screening options are.
ZO Slater suggested that the applicant's engineer work directly with Miller Engineering.
Atty Perkins suggested the board continue the public hearing and outline for the applicant
what the board is looking for. Cl Michaels said he would like to see a current: contour map and
for the engineers to be able to detern'rine what will happen to the water, the specifics in terms
of a plan for a screen, and the specifics for plan% for the buildings. Applicant confirmed the
driveway will rerrcain gravel. Cl Hattery asked that it. be clear in the application that this is for
a day only facility.
Cl Michaels disclosed that his law firm, Brown 8& Michaels, has represented
Environmental Associates and the Boutros individually in the past, and that ProLawn cuts his
lawn, but he doesn't believe either of those things is a conflict: of interest.
At 8:10 p.m. Supv Trumbull closed the public hearing on the local law, and continued
the Pro Lawn hearing to a future date.
PUBLIC HEARING
APPLICATION OF RICHARD & LIiLIANE JORGENSEN
TO OPERATE A BED & BREAKFAST BUSINESS
AT 125 YELLOW BARN ROAD
Supv Trumbull opened the public hearing at 8:10 p.m. and Town Clerk read the notice
published in The Ithaca Journal. R Jorgensen explained that for the past nine years they have
been building a bed and breakfast that looks like a yellow barn. There are four guest rooms on
the second floor to be offered as a bed & breakfast. This is a. two family residence.
Page 4 of 25
• Deb Seigert., a neighbor at 121 Yellow Barn Road, said she and her husband are
supportive of the project. The Jorgensens have been good neighbors and she doesn't anticipate
any problems with the business.
ZO Slater said there had been a question about whether the country store was an
accessory to the bed & breakfast or whether it was a store, because sales in that: particular
district are not permitted under any circumstances, though a 10' x 10' area seems quite
proprietary to the business. Mr Jorgensen said he hadn't been aware of that, but they would
riot put anything on the sign regarding the store-,, and ZO Slater said that was a suggesti
a on.
There were no other questions or comments, and Supv Trumbull left the hearing open
at 8:14 p.m.
PUBLIC HEARING
REVIEW OF ANNUAL REPORT TO DEC
FOR STORMWATER MANAGEMENT PLAN
Debbie Gross explained that she was working for the Town as an Environmental
Planner and this presentation is being made because on March 1.0, 2003, Dryden became one
of a number of communities in New York State required by NYS Department of Environmental
Conservation to have a stormmwater management plan. Part of the requirement is to have
public involvement in the plan and to provide an annual report at the end of each year. She
gave a summary of the report: to be filed (approximately 45 pages). Copies are available at the
Town Clerk's Office, or it can be e- mailed to int:c rested parties.
is Communities that have been required to do this over the last year or so have been
concerned that it is basically an unfunded mandate by the State, but the State did make
available certain funds that communities could apply for and encouraged comrntrnities to
collaborate in that application. There is a group in Tompkins County called the Stormwater
Working Group that got together and made an application to the environmental protection fund
for money to help with the requirements of the stormwater regulations. They just: heard on
Tuesday they were funded for around $173,,000 for the County as a whole. 'Phis will be shared
by the municipalities in the county that have to follow these requirements,
D Gross explained that stormwater runoff is a natural process. When it rains wat:er
runs across the landscape and there is nothing wrong with that, but the problem is if there is a
change to they landscape you can get a greatly increased amount of runoff. A dramatic change
such as impervious surfaces Like parking lots or roads, rooftops, etc. you could actually cause
a 4.5% increase in runoff. This could cause increased erosion and sedimentation. Stormwater
can carry pollutants, including fertilizer and car products, and can end up in local water
bodies, affecting use of those resources for humans and wildlife. It can also get into
groundwater and contaminate wells. Because of these concerns, the EPA at the national level
enacted stricter regulations for stormwater, Phase, 11 Stormwater Regulations. DEC in New
York State has enacted those regulations, which currently specifically apply to municipalities
called MS4's (municipal separate storm sewer systems), according to population density based
on census data,
Affected municipalities are required to implement six minimum measures: public
education and outreach, public involvement and participation, illicit discharge detection and
elimination, construction site stormwater control, post - construction stormwater management,
and pollution prevention /good housekeeping.
Page 5 of 25
TB i -13 -04
DEC also has regulations that affect new construction, not only in MS4 communities.
MS4 communities are required to keep an eye on new construction projects and make sure is
project applicants Iciow about these new requirements.
D Gross explained some of what Dryden has done so far, and what they anticipate
doing in the future. The Virgil Crock project is a stream restoration project in which Dryden
ha.s been a pioneer in testing stream restoration strategies. in public; education and outreach
Drvden is not alone. 'There are a lot of partners working on that including the Stormwat:er
Working Group and other Towns and Villages as well as Tompkins County Soil 8; Water,
Cornell Cooperative Extension, Tompkins County Planning, the Cayuga lake Watershed
network and others. They are working to make sure the public knows a little bit more about
what can be done. Stornnvater management is also about what people do on their own private
property including how you manage your laums, where you dump motor oil, etc.
A project for next; year that just received funding as part of the grant previously
mentioned is a project called a floating classroom which is a boat on Cayuga. Lake. There have
been programs developed for young people, elementary, middle and. high school students, to go
on the boat and learn about lake water quality and watershed management. Hopefully D Gross
will be able to help organize school groups from Dryden being able to utilize that boat.
Another project is called Locally Led Education and Action for Protecting the
Environment (LEAPS). There is a software program that has been developed by Cornell
Cooperative Extension. D Gross w =ould like to have that installed at the library in the Village so
that people can use it.
D Gross will be incorporating any public: comments into the report which is due to the
DEC by ,June I. is
Another forth of public involve is monitoring and there are some volunteer monitoring
groups now monitoring the water quality in Tall Creek, one of the main watersheds in Dryden.
A newv group is starting next year to monitor water quality in the Six Mile Creek watershed.
Storm drain labeling could be done in the future. In the Town of Caroline some people
from the Youth Commission went out; and made signs for the storm drains indicating people
should be careful what they dump in there because it drains to the lake.
Illicit discharge is one of the most regulatory of the measures and the Storrnwater
Working Group at the County level has offered to help quite a bit and to use some of the
funding that has been received with a requirement: to map the drainage of the Town. D Gross
has been to some trainings on septic system management and hopes to research some ways of
trying to improve management of septic systems in the town, Public Works has been working
currently to maintain the sewer system in the Town.
There is a requirement. to have a local ordinance which relates to illicit discharges and
the need to find them and eliminate them. The Town of Dryden will .receive some help
developing that ordinance from a project called the Local I aws Project w =hich is organized by
the Genesee Finger Lakes Regional Planning Council. They have some model ordinances which
could be applied anywhere in the State and they will help the Town examine those and decide
what would work for the town.
Part of the stormwater report; is to track how many projects so far have needed to apply
for a. new construction stormwater permit and so far there have been four projects in the past
year and two are pending for next year. The Zoning Department has been doing a good job in
getting the word out about the new regulations. 0 Gross is working on a brochure to help
Page 6 of25
rl'B 5 -13 -04
provide more iniprrnat.ion- The Conservation Board can help with review of drainage for new
projects as well-
In teens of Most- CO3zStruCtien C;toT- rn9water ma.3:n agement therP care tWO ecaMP01- tents, One
is helping new construction project applicants aware that, depending on the size of the project,
determine what will happen to the rwioff 2-fter COnstrUCtton, both in terms of quantity and
quality. The other is assessing existing conditions is the Token, looking at existing snuroes of
pollution. There have L]Cert n loo: of projBClS Telta ing to that, including the aquifer study, the
Virgil Greek ]project, and next year Tompkins County will be fLl Lng a watershed asscL"weni: car
Fall crcek.
With respect to pollution prevc_ntiorn f good housekeeping, D Gross has talked With Jack
Bush to try and Icarn a.s much as possible about what the current practices in l:l-le Highway
f)cpartmernt. They are geared toward trying to elirnin lle erosion in roadside ditches, and trying
to control any spills in the highway fac;i1icy- There is a lot they are currently doing and wi11 be
doing in the ful'um- They have applied for funding for a Bali: w:oruge building.
The
tornusw
ater Working
Group is
tiing
y
to dexCIOp
a checklist for
all municipali Ili eS to
tale a look
at
their rrtanage men L
practices
anti
make sure those are good
practices.
Q Cross }hill accept comments prior to June 1 to be incorpor:f.t d into the plan.
Supv Trumbu11
asked if
there were
any Further
comments on
the Jorgensen
application.
Therc_ were none
and the public_
hearing xhas
closed at
8.35 p -m,
RESOLUTION #79 — ADOPT LOCAL LAW 04 -2004 AMENDING THE LOCAL LAW
REGULATING SITING OP TELECOMMUNICATIONS TOWERS AND ANTENNAE
Cl Hatter}- offered the following resoludan and a %kcr d For its adoption:
RESOLVED, that this Town Board hereby adopts Loral Ww No. 4 of 2004, amending
[,weal Law No- of 1`998, known as the Telecommunicatons Tower Silting Law for the Town of
Dr,}tderr, alid the Town CI(c rk is directed to EiIv the same with the Secretary of State of the StaW
of Nexh York:
1-
Local Lain No, 2 of the
year 1.998, known ais the
Telecom unacations 'rower
Siting Law for
the Town of Dr) den is
hereby amended as follows:
A. The definition of 01E?AF" round in nLirrtbcr 14 of Sec tican 4 Definitions is hereby
amended 1:�y adding to I:he definition al. I :be end therelof a new sentence to read as follou+s: "J or
an application for c:o- locadan, a s }tort .EAF (Appendix O to VYI: RR§617.20) including a vil3lual
EAF may be substituted for the Full EnviT -oni nental Assessment Form -"
5, Subsection (B) of Sec. ~Ilion 24, Liahilil:y Insurance -, is hereby amended to read as
fallouts: "WhLpn the Town is the Owner, Eessor or otherwise has a legal insurabic interest in the
site of the Tower, the Commercial General l.iabilit }F i n L4:irtrance policy shaIl spcCificall}t include
the Town aild its officers and empJoyees as additional insur(As,"
O, The first sentence of Section 25, Indemnification -, i�; hereby amended to read as
follou+a: "When the Town ie the owner, lessor oi- otherwise has a legal visurable interest in the
site of tht '['ox per, the Special Use Permit isslaed pUrsuallt to thiN Law shall con tain a provision
with respect to indemnification-"
TB 5 -13 -�4
D, The �c:conrl %entence of Section 25. lndenu3i5caticn,, is bereby amendr;d to FQald as
rollows, "Such provision shall require the holdt.Fr of the SpL'r:ial Use Permit, to the extent
permitted by the law, to at all tithes defend, indemnify, protect, save, hold harrniess, and
exempt i:he Town, its officers, and empioyc;c %, from any and all }penalties, damage, or charge;%
and including, but not lirr)iCcd 11o, reasonable attorney's fees and fees of consultants and expert
vNitnesses arising c ut of any clai.ins, suits, dernands, r;auscs of action, or award of damages,
Wh&hCr compernsatory or puniCivc,, or expenses arising therefrom, either ail Law or its equity,
� �Mict� mil;he riser out of, or are, caused by, the construction, erection, modification, 1oCatit]n,
products performance, operation, maintenance, repair, installation, replacement, removal, or
restoration of a TeIecomrn LLnication� Tower within the Tmvrn."
. T h i a Local Law shall be cffect.ive upon compliance i1.h the: provisions of the
19urkicipal I°lome Rule Law and for all applications filed on or after such effective
211ti Cl michecls
Roll Call Vote
Cl ste:lic;k Yes
Cl Christofferson YCL
Supv Trumbull Yes
l Michaels Yes
Cl Ha d:ery YUL
The: board reviewed the short envirourrkrLntal assessment form for the Jorgens�e:n bed
and breakfast applivation-
RESOLUTION #SO - 14EO SEI R DEC - JORGENSEN
1 Michaels Xcrrci the following resolution and asked for its adoption:
RESOLVED, th4l: this Town Roard does herd y issue a negal:iv e declaration bl;lsed on
1:he SEAR review in coni3ection with the :pedal permit application of Richard and Liliane.
Jor n %an to opera Le and bed and breakfast business at 125 Yellow Barn Road- This is an
unlisted action and the Town of Dryden is lead agency in uncooi khtc. d review, The
supervisor is authorized to sign al necessary (Ioru men t3,
211d Cl Christofferson
!toll Call Vote
Cl stelick. Yes
Cl hn'stoffersor, Yes
Supv Trumbull Yc%
Cl Michaels Yes
C1 Hattery Yes
Thr= board discussed conditions for approval of the Jorgensen application- Cl Flattery
said it was important to note for the record that it was stated in the public hearing that uhilQ
the applicant may bave used "country store_" in the appiicatiorn there is no intention of
advoh
rsing this as a courit.ry store and there will not be any signage related to i1: being a
coujitry wtoile. 'Chia would require a variance, All standard conditions of approval would apply
k il.h the exc�e_ption of 07 %vhich relates to drainage, br�cyause the sign is already developed and
wiil be unaffected-
RESOLUTION 0$1 - APPROVE JORGENSEN SPECIAL PERMIT
C3 [Michaels offered the following resolution and asked for ih adoption-
l'B 543 -04
• RESOLVED, that this Town Board hereby approve the special permit application of
Richard and Lilian Jorgensen to operate a bed and breakfast business at 125 Yellow Barn Road
with the following conditions:
1. Standard Conditions of Approval, excepting #7, shall apply.
2. Applicant will not use; the term "country store" in any of their advertising, not-
shall
there be any signage with reference to "country store ".
2r," Supv "Trumbull
Roll Call Vote
Cl Steliek Yes
Cl Christofferson Yes
Supv Trumbull Yes
Cl Michaels Yes
Cl Hattery Yes
INSURANCE PRESENTATION
John Bailey of Bailey Insurance presented with the board with a proposal for renewal of
the Town's insurance policies. The bulk of the package is with Selective Insurance and has
been for quite some time. They are one of the main writers in New York and New Jersey and
handle a lot of municipalities in New York State. Last year he obtained a proposal using the
New York Municipal Insurance Reciprocal. He did not get as proposal from them this year
because they are not that competitive right: now and Selective has remained competitive in the
market place.
There is a recommendation to increase the coverage for uninsured motorists to one
million dollars. There is currently $50,000 of coverage. That coverage protects folks using
municipal vehicles if they are struck by someone who does not have insurance or not enough
insurance to pay for the bodily injury done to a town employee. In the event the Town would
be able to collect up to $1,000,000. I•le also suggests that personal injury protection be
increased to $150,000 from $75,000. This would benefit employees of the gown if they were
involved in a motor vehicle accident and pay for medical expenses. I1: would work in
conjunction with workers comp to replace wages as well. There is not a large cost to increase
those and would like the board to consider this.
There is a public, employee's blanket bond. The Town has had a situation that would be
something this would provide protection for. J Bailey suggested it might: be good if he got
together with the insurance committee to review those figures and make sure that the proper
people are covered with the proper amount of insurance for the amount of dollars or property
handled by an employee.
In summary the various policies are in place to provide adequate protection for the
Town. In total there is $6,000,000 of liability protection, including general liability providing
bodily injury and properh, damage, liability protection for the operations of the Town, liability
coverage for the automobile insurance, public officials Liability totaling $6,000,000 to protect
officials for the activities in governance as well as other officials of the town. The premium
summary indicates a total premium of $71,941 with terrorism coverage, or $69,928 without
that coverage.
J Bailey said the insurance industry is
constriction of the market place, Supply is lin
stock market: not performing the best, interest
companies to go to the policyholders and seek
about 7 %, though there have been changes in
still in somewhat of a hard market, a
cited, demand is more, and the causes are the
rates that are historically low. `This causes the
premium increase. The increase to the Town is
such things as the autos insured.
Page 9 of 25
T13 5 -13 -04
Insurance companies each year have to offer terrorism insurance to its clients. Last
year the Town declined the coverage. This would cover an act approved by the Treasurer of the
United States as a terrorist event. The event would have to have a total of five million dollars in
damages. This will sunset: at the end of 2004 and the US Government will have to decide
whether to continue the act, and J Bailey expects they will because if they don't it will disrupt
the insurance market place. He will discuss with the insurance committee whether this is
appropriate for the Town to have.
CITIZENS PRIVILEGE
Peggy Walbridge said she had read in previous minutes that work has been progressing
on the engineering or plans for work on Hunt Hill Road and Genung Road and she wonders
that stands at this point. Dave Putnam said he and the Highway Superintendent have done
some sketches and are in the process of putting those sketches into a form that can be share(]
with the citizens of the roads. Cl Christofferson asked whether that: would be available by the
next board meeting and D Putnam said he would try and have it available by the next meeting,
but would need to talk with his boss. Cl Christofferson said this has been going on for months
and it is time to get something squared away.
Tracey Kurtz spoke on behalf of the Dry-•den Youth Commission. She distributed their
2003 annual report and thanked the board for its support. She also distributed information on
their new summer programs. She thanked the board for appointing her as a Town
representative to the Commission, along with Walt Matyjas and Eric McConnell.
HIGHWAY DEPARTMENT & DPW
Dave Putnam said Jack Bush is not present because his daughter is competing in a
track meet: and asked him to speak in his stead. They would like to put an addition on the
highway facility and +will need to hire a subconsult:ant to design the structural modifications to
connect the two buildings because they will have a common well. They have obtained a
proposal from Peter Novelli for $5,500, who did the structural modifications for the new roof
when it was clone and will be able to use that information to tie in with this. They would Like to
extend the maintenance garage; back another 80'. One side aril] need to be either supported by
the existing building or they will nerd to figure out how to put a new foundation next to the
existing building. This project was discussed at budget time and funds were set aside.
Because this is in the budget it does not need board approval.
ENGINEERING
With respect to the Royal. Road wager and sewer extension for F & T Distributing, and a
water and sewwer district in that area D Putnarn said he has. talked with all but two property
owners and they are all interested in Lfie district, but need a cost before giving a definite
answer. F ti, T is running out of time and +will need water and sewer service before the district
can be completed. D Putnam said he proposes they continue +with designing a water and sewer
system for F &T as an out of district user, and put some language in the agreement that if the
district is ever formed the Town grill buy back the improvements. This is similar to what
happened with Wilcox Press. The Board previously approved funding for a map, plan and
report for the passible formation of a crater and sewer district on Royal Road and F & T would
like to be part of that district, but will need crater and sewer service t - fore the district is
formed. 17 Putnam is asking for permission to proceed +with a design for water and sewer for
F& T to be served as an out of district with language in the agreement that if a district is
formed the Town will purchase the infrastructure back.
Page 10 of 25
TB 5 -13 -04
• D Putnam explained that all the properties sit in a hole and they have to pump them up
to Hanshaw Road. The force main from Guthrie's pump station, as lie understands it is
probably not adaptable to other pump stations so they would have to run a parallel force main
for about 250' down the south side of Royal Road for the other people to use. They will both
discharge in the same place.
Atty Perkins further explained that originally F & T came; to the Town and wwnted to
connect to the Monkey Run Water District and Sewer District as an out: of district user. That
would establish a new precedent because in the past the Town has required out of district
customers to be adjacent to the district. F & T would not be adjacent to the District. The
previous'Towm Board adopted a resolution, subject to a permissive referendum, appropriating a
sum of money to have a general map, plan and report prepared for a district or an extension of
the Money Run District, which would include the three Royal Road properties and any number
of other properties out there. The first step in doing that was for the engineers to conduct an
informal survey to determine what interest there was before they proceeded with the map, plan
and report. It seems that: now we have a pre - preliminary report of the interest. It is a long way
from happening,
Atty Perkins said it seems that what is being proposed is to ask F &. T to build what
would become, if there was a district formed, a Town sewer tine with the agreement that if they
build it, the Towns will buy it back on a depreciated basis as part of the district to be formed.
Tony Prudence of F & T Distributing, said that he felt they should have been copied on
the process. To date, rhey are tar enough along in the process that they need to hook up to
water and they have no information. "Tonight was the first they learned what some of their
options are. He said if they are going to put in the infrastructure, he would ask for a dollar for
dollar reimbursement, because that would hold the Town to somewhat of a schedule for
creating the district. He's afraid the Town would keep putting it: off if there wasn't a time line.
He feels there needs to be some more in depth discussion regarding the fee and what the
process should be. There is no estimate of cost for hooking into the w,3t:er and sewer at this
point..
Atty Perkins said the Town has a number of out of district customer agreements where
the properties are adjacent to an existing water quid sewer district but weren't included in the
original formation. This would be an exception because it is not actually adjacent to the water
and sewer district, though it is quite close. This issue is whether the new district will be
formed, whether capital costs will be incurred and how they will be paid, and whether it can be
done on a cost effective basis.
Cl Michaels said that for any district that is formed, the costs will be distributed among
the benefited parties, so when they're talking about reimbursement for infrastructure, to the
extent that they get back more, they have to pay more as one of the beneficiaries of the district.
The costs are only going to spread out among the people who will actually be in the new
district. It is the board's duty to oversee these funds and costs, but it is only going to be the
people benefited by it that will be affected monetarily. He said he doesn't see a lot of downside
to a cost reimbursement. Atty Perkins said it is only a question of being able to negotiate the
terms of what will be acceptable to the Town for the future district: and to the people who build
this. He said you can't guarantee; a particular course of action because the district might not
get formed, It's a risk they have to be willing to take. Cl Michaels the worst case scenario is
that F & T front all the costs and continue to pay for them, and the best case scenario is that
they pay a portion of their costs and a portion of everyone else who will probably have similar
costs in the event the district is formed. T Prudence said they had met with Guthrie and is
® unsure if they want to be in the district. He said F & T needs precise options with respect to
sewer to weigh and decide which is the best course of action for them. if they put a sewer line
in he believes it should be drawn to Town specs by a Town engineer, so that if they put it in
Page 1 I of 25
TB -13 -04
and the Town takes it over it will be built to specs and there will be no recourse. They are
looking for some specific direction. OR
Cl Christofferson asked if when F 8&T began building there was some inference that this
would happen. Atty Perkins said they had always indicated they wanted to be on public water
and sewer if at all possible, and only as a backup did they want: to do something else. T
Prudence said they are looking for a best case scenario.
The appropriation of funds was made, but the follow up work has not been completed.
D Putnam is asking that they proceed with an out of user agreement, negotiating with F &T for
a buy -back agreement. Atty Perkins said part of the problem is that without an actual map,
plan and report, it will be very difficult for F &, T to know what their projected costs are in the
future. They will need to weigh whether they do this with just going with a "box in the ground"
and Atty Perkins said what we really need at the same; time that the design of the private line
(out of district user line) is the map, plan and report because that will have projected costs for
the district and projected annual expenses, etc.
Atty Perkins explained that a map, plan and report is a preliminary map and plan and a
general estimate of costs (not to exceed). A public hearing is then held and it triggers the
procedural aspects of Article 12A of Town Law. He said as long as the board is aware of what
is going on, D Putnam can get the work done :n d come back to the board. The board agrees.
F th; T said indicated that was acceptable, but noted they need to be operational by mid July.
Supv Trumbull introduced the Town's new bookkeeper, Dawn Bogdan, and said she is
doing a great job, working really hard, and the Town is fortunate to have her.
RECREATION DEPARTMENT
Tracy Kurtz said that the Dryden Recreation Commission would like to have the Dryden
School Athletic Director member slot (a permanent position) removed and instead make it
another termed position. They would like to retain membership for the Athletic Director n.s an
ex- officio member. Cl Stelick has drafted proposed changes to the local law creating the
Recreation Commission and asked for comments. Atty Perkins said he thought there should
be some conceptual discussion before it is reduced to writing. Cl Stelick said discussion was
held within the Recreation Commission and the draft: comes from that discussion. There had
been changes in the commission with the hiring of the recreation coordinator. He said the
Athletic Director is important, but almost never carne to a meeting, and when they didn't have
a quorum they were unable to vote. The Athletic Director does work with the Rec Coordinator,
but does not have to be a voting member. Cl Christofferson said perhaps it doesn't need to be
the Athletic Director, but they need someone from the school system to sit on the Commission
in some capacity. Cl Stelick said they had had discussions with the School Superintendent,
but no one else was offered as substitute.
Cl Stelick said that when the Rec Commission was formed there was no Rec
Coordinator, so this Commission has evolved from a group that was going to be dictating a lot
of ideas coming to the Town as far as spending money, and that is now done; by the Rec
Coordinator. This is an advisory group, an enhancement to the Rec Coordinator, so we are not
hiring a lot of additional employees. He said there is a lot to be done, and things don't get done
when there is not enough people to vote. The people left are active members, and instead of
the Rec Coordinator being a person doing a lot of things, she is directing the Rec Commission
to get some enhancements done. T Kurtz said it is actually a stronger tie, because the Rec
Coordinator and the Athletic Director can meet more often, during the school day, when tlwigs
can get taken care of through the school. Cl Stelick said again when the local law was passed
there was no Rec Coordinator and that is a huge difference. He said we need an additional is
person who is going to be active. This proposal also :adds the Rec Coordinotor as a member of
Page 12 of 25
TB 5 -13 -04
the Commission. Cl Christofferson said he understands what they are trying to accomplish
and how frustrating these types of situations can fie, and it would be nice to have a good
relationship there and good involvement. Cl Hattery said there are a lot of changes
recommended and he'd like to take a look at it. The board will look at this again.
T Kurtz said the Recreation Commission supports the Rec Coordinator in hiring Eric
Hoffmann as a full time summer recreation assistant effective June 1 through August 24. The
funds are already in the budget and the Rec Coordinator will move forward with that.
Cl Stelick reviewed the Rec C000dinator's monthly report. The Sierra Mist Dribble, Pass
and Scoore Local Soccer Competition will be field May 22 at Dryden High School Fields at 9:00
a.m. Duke Erickson Co -ed Softball Leagues are currently forming with leagues on
Tuesday /Thursday and Saturday mornings.
Egg Hunt was held April 10 with over 150 participants (50% increase over 2003). Pepsi
Pitch; Hit &. Run competition was held April 24. 10 winners will move on to sectional
competition in Horseheads on May 22.
There are 44 participants currently registered for the youth Lacrosse program and the
modified prograrn is underway with 23 participants. Cl Christofferson said the modified team
had a game against Bath and won 2 to 1. They played. against Horseheads losing 8 -3 with
sevc,ral of their players attending a National Honor Society event, but he felt. this was good for a
first team playing against an experienced tearn with many more players.
Kiwanis Baseball/ Softball has 317 participants, with games beginning May 10.
Archery is under way in conjunction with Klein's Archery, having 16 participants, and
the program was highlighted in the May 5 issue of the Dryden Courier.
There is a proposal to lease space from the Boy Scouts, Baden - Powell Council, for the
Recreation Coordinator for $300 per month plus utilities. Atty Perkins has received part of a
lease agreement and is waiting for the balance of it.
RESOLUTION #82 - AUTHORIZE LEASE WITH BADEN - POWELL COUNCIL
Cl Michaels offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby authorizes the Supervisor to enter into a
lease agreement with Baden - Powell Council for space for the Recreation Coordinator in the
Baden - Powell building on Route 13 for the sum of $300.00 per month, plus utilities, subject to
approval of the Town Attorney.
2n11 Cl Stelick
Roll Call Vote
Cl Stelick Yes
Cl Christofferson Yes
Supv Trumbull Yes
Cl Michaels Yes
Cl Hattery Yes
Cl Stelick explained that the Rec Coordinator would like to expend funds to have boat
rentals at Dryden Lake. This prograrn was cut during the budget process last: fall. Some
things have changed. TC3 has donated the use of six canoes. 'There is no rack for them and to
construct one will cost about $2,000. She is asking for an amount not 1:0 exceed $8,000 to run
the boat rentals at the Lake this year. CI Michaels proposed that given that. the use of the
canoes is being donated, she reduce the number of days it is offered. Cl Stelick said that. he
Page 13 of'25
T13 5- I3 -04
didn't: feel the program was given a fair shot last year since it started late, the most use it
received was on Old Home Days. Cl Hattery, said he agreed with Cl Michaels and that they do a
very limited program. Cl Christofferson said most people who canoe have access to their own
canoe or kayak. Cl Stelick said he understands it is $8,000, but when we are trying to expand
available recreation opportunities in the Town of Dryden, he doesn't feel this was given a fair
shake. He is depending on Jennifer's expertise saying this can work and he supports it. Cl
Michaels said he thinks that people that are into canoeing will not spend their time canoeing
on Dryden lake, and people who are being exposed to it for the first time are not going to just
randomly rent a canoe without someone who can guide them. The board indicated it would
support a scaled down proposal. D Gross suggested that any plans be shared with the
Conservation Board,
COUNTY BRIEFING
Martha Robertson said there had been a number of meetings in recent months with the
County and municipal officials in an attempt to find cost savings and reorganizing how some
services are offered. There are three subcommittees, highways, insurance and unified courts.
On June 2 ... i at 10:00 a.m. at the Old Jail Conference Room those subcommittees will meet to
report on their findings.
Cl Michaels said a representative of the County Highway Department had met with his
wile this morning about cutting down trees and asserted numerous times that they had a 25'
right of way from the centerline of the road and they don't seem to be well- educated on current
case law. He said they are quite willing to grant limited access, but is bringing this to her
attention because he said almost all of the roads there are highway by user. M Robertson said
that it depends on deeds, and whoever it was on the highway crew probably hadn't looked at
his deed, and if he has :any questions he should call Pete Messmer. ,t®
COUNCIL PRIVILEGE
The board wishes to discuss the possible acquisition of a parcel of property for a new
town hall, but because the price might be affected by disclosure, will have that discussion in
executive session.
ATTORNEY
Attv Perkins said that in connection with the loan of canoes to the Town, TC3 has
requested that the Town agree: to indemnify them in case anyone should sue them for the use
of the canoes. That agreement has been reviewed by him and the insurance agent for the 'town
as well as the attorney and insurance agent for TC3 and everyone is ready to sign it. The board
will need to authorize this.
RESOLUTION #83 - AUTHORIZE AGREEMENT WITH TC3 - CANOES
Cl Stelick offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby authorize the Supervisor to enter into an
indemnification agreement with TC3 for the loan of canoes, subject to approval by the Town
Attorney,
2nd Cl Christofferson
Roll Call Vote Cl St.elick Yes
Cl Christofferson Yes
Supv Trumbull Yes
Cl Michaels Yes
Pace 14 of 25
Cl Hattery
Yes
TB 5 -13 -04
Atty Perkins has provided the board with a draft agreement between the Community.
Science Institute and the Town with respect to the volunteer monitoring of the Six Mile Creek
watershed. The agreement has been substantially revised adding Cornell Cooperative
Extension and Tompkins County Soil &5.. Water Consen:ation District as parties because they
are also providing funds and support for the project. The substance of the agreement has not
changed and the Town's payment responsibility is $2,350 to be paid up front. The Community
Science Institute has agreed to provide a written report at the end of the year and it is clear
that the Community Science Institute is the fiscal agent for all the other agencies. Atty Perkins
said the agreement is now in a form to be approved should the board desire to do so.
RESOLUTION #84 - AUTHORIZE AGREEMENT FOR SIX MILE CREEK MONITORING
Cl Christofferson offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby authorizes the Supervisor execute an
agreement: with the Community Science Institute, Cornell Cooperative Extension, and
Tompkins County Soil & Water for monitoring of Six Mile Creek.
2 11e Supv Trumbull
Roll Call Vote
Cl
Stelick
Yes
Cl
Christofferson
Yes
Supv
Trumbull
Yes
CI
Michaels
Yes
Cl
Flattery
Yes
Atty Perkins has ali amendment to the agreement between the Town and the USGS for
the aquifer study. This amendment lowers the payment to be made by the Town because of the
contribution made by Tompkins Country.
RESOLUTION #85 - AUTHORIZE AMENDMENT TO AGREEMENT WITH USGS
Cl Christofferson offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby authorizes the Supervisor to execute the
amendment to the Agreement with USGS for the Virgil Creek Aquifer Study, reducing the
amount to be paid by the Town of Dryden because of the contribution by Tompkins County.
2111, C1 Michaels
Roll Call Vote
ZONING OFFICER
Cl Stelick Yes
Cl Christofferson Yes
Supv Trumbull Yes
Cl Michaels Yes
Cl Hatters, Yes
ZO Slater explained that. the person who had been doing the minutes for the Zoning
Board of Appeals and Planning Board will no longer be doing that. He and the Town Clerk
have talked about making that a job requirement; when Airs Baldwin retires and that position is
filled. Meanwhile, they have spoken with Kelly Services about contracting with them for
someone to do those meetings as well as the Conservation Board. The person hired will attend
the meetings and then report to the Kelly office to do the actual transcription. Kelly Services
will waive the tour hour minimum for attendance at the meetings. The Town will be
Page 15 of 25
TB 5- 13 -(k1
responsible for paying the hourly rate to the employee times 1..573. B Hollenbeck said it seerns
.a good way to get the work done quickly and dependably. Kelly Services bills twice a month
and the Town pays once a month. Ally Perkins and Cl Christofferson said they believed that it
would not. be a problem to pay only once a month, The board agrees this is a good way to
proceed and decided they would not want to pay more than $15.00 per hour to Kelly Services.
RESOLUTION #86 - AUTHORIZE AGREEMENT WITH KELLY SERVICES
Cl Christofferson offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby authorizes the Supervisor to execute an
agreement with Kelly Services for a person to do the minutes for the Plannuig Board, Zoning
Board of Appeals and Conservation Board, at rate not to exceed $1.5.00 per hour.
21,11 Supv Trumbull
Roll Call Vote
Cl Stelick Yes
Cl Christofferson Yes
Supv Trumbull Yes
Cl Michaels Yes
Cl Flattery Yes
CI Hattery explained that: the ad hoc committee of he and Cl Stelick have reviewed
applications to fill the vacancy on the Zoning Board of Appeals and are recommending to the
Board that 'Thomas Quinn be appointed to the Zoning Board of Appeals. ZO Slater said that
Mr Quinn had built a home in the'rowm and visited his office several times indicating an
interest in serving the community, and he thought lie would do a good job.
RESOLUTION #87 - APPOINT ZBA
- T QUINN
Cl Hatt:c>ry offered the following resolution and asl(ed for its adoption:
RESOLVED, that this Town Board hereby appoints Thomas Quinn to serve on the Town
of Dryden Zoning Board of Appeals with a term to expire December 31, 2005.
Did CI Michaels
Roll Call Vote Cl
Cl
St
Cl
C1
Stelick Yes
Christofferson Yes
ipv Trumbull Yes
Michaels Yes
Hattery Ycs
ZO Slater explained his request to have the property at 4.83 Flunt Hill Road enjoined.
He said that last Fall the Tompkins County Health Department asked hiin for assistance with
an ongoing failed septic system problem at 483 Hunt Hill Road. They said they did not want
t:he property used until the septic system was repaired or replaced, and that they did not
liossess the ability to suspend occupancy on a prernises or structure, that only the building
department does. On January 13 the'row -n's Zoning Officer issued an order suspending
occupancy until such time as the septic system was repaired to the satisfaction of the Health
Department.. He said considering the fact that a septic system is external to the house and
could be subject to further damage to use of the prernises, they suslx:nded occupancy of the
premises and according to the code, that prevented persons from using the property lot, parcel
or structures, until that order was lifted. A few weeks ago it: became evident that the premises
were being used at least for the storage camper vehicles and also appeared according to some
witnesses that: people were living in those campers, The primary concern of the Health
Department is that the adjacent property at 730 Midline Road has had problems with e -coli
I'rtge 16 01`25
TI3 5-13-04
contamination of their well during the same time that the septic systern had been deemed unfit
for use and failed. There is no conclusive evidence that this is the problem with the well of the
adjacent property, but it was serious enough that the Health Department felt it warranted
replacement of the system. Because there is a violation of the Town's order to vacate the
premises, ZO Slater is asking the Board to authorize the Town Attorney to take the necessaiy,
steps to enjoin the use the property until such time as the Health Department requirements
are satisfied.
Atty Perkins explained this would mean commencing a proceeding in Supreme Court for
a mandatory injunction requiring there to get off the property and not use it. He said that the
gravamen of all this is a violation of the sanitary code, which is the County's responsibility. ZO
Slater is correct in issuing an order to cease living there because they don't. have proper
facilities, but the real problem is the County's. M Robertson said the County does not have
a.uthorit4- to remove people frorn the property. She said they could assess a line, but it is
fragmented in a very strange Nvay, they can't call the sheriff and have them taken off the
property. Atty Perkins said the County would have authority to bring an action for a violation
of the code. M Robertson said not from what they've told her, she's been told it's up to the
Town to bring an action.
Cynthia Basl of 730 Midline Road said this has been going on since last September and
there is a dispute over who actually owns the property at 483 Hunt Hill Road. There is a land
contract involved, and the people buying the property under the land contract: found out the
septic was bad. At one point they stated they had had trouble with the septic, we're very upset
with the sellers, and had buried a barrel in the ground to use. Since September the Health
Department has not even been able to confirm what is there. They have tried to dye test and
people move out which makes it impossible to test. Craig Bast said the sinks are not hooked
up to the septic system. Their family, especially their 7- year -old son, has gotten sick from this.
® They .want to have their well straightened out. They are not looking to blame anyone, but are
very frustrated and it is affecting their quality of life. They have to buy bottled water.
Casey Gaul said he is ptu-chasing the property tinder land contract, and while he
understands the Basl's problem, he doesn't really think the problem comes from his property,
but possibly from where the beaver's have made a dam. His well has also become
contaminated. Bast's said when no one is using the facilities at 483 Hunt Hill Road, they do
have clean water. C Gaul said his friend, Brian Clapper, has a camper on the property at this
point, but is not using the water or bathroom at the house. B Clapper said that Kevin Ezell,
Zoning Officer for the 'Town, had visited the property and B Clapper showed hire through the
property and that the toilet is broken and cannot be used, the wager pump is broken and
inoperable, and there is nothing used in the house. He stays in a completely self - contained
camper temporarily until he goes back to his regular job in Smithtown, long island.
Cynthia Basl asked what had been done to see if the septic tank is leaking. C Gaul said
there is a septic tank and that started the whole problem. When they bought the house they
had it: pumped because they were having problems, and there is no bottom in the tank. That's
when he began complaining to the previous owner. Everything Will have to be replaced
including the holding tank, and he said there is no leach field. When he found out where the
pipe came out, it came out into a barrel full of big rocks. W Armstrong said the problem could
be coming from up the hill where there is a cemetery and another house, though others did not
believe that was the problem-
ZO Slater said we weren't here to decide who was at fault, but rather to decide-, whether
his order was to be honored, and if not, whether the matter needed to go to a higher level, C
® Gaul said again they were not using the facilities in the house, and Craig Basl said it was not a
sealed tank and any water going in would force other things out. Cynthia Bast said there was
still a question of who actually owned the property, and C Gaul said they were in the process of
Page 17 of25
T13 5 -13 -04
going to court to get their money back from Armstrong, because they won't bring the septic
system up to code. 0
Cl Christofferson explained the reason for the meeting this evening was that the Zoning
Office, had directed that the premises not. be used, and they continue to be used. The septic
issue is a problem for the Basis and that needs to be worked out. ZO Slater said the reason
they used the "premises" in their order was because if you have a system that is damaged,
destroyed or disabled, to have traffic on it or bi the vicinity of it could cause further damage
and decay. C Gaul said the septic is on the side of the house, on a hill, and where B Clapper
has his cannper is in the front and all he has been doing is cleaning up. There is no water
being run through the system.
Cl Michaels said lie appreciated everyone's input, but it Breaks down simply for him.
The Zoning Office has issued an order for no one to enter onto those premises, defined by the
lot lines, and has his reasons for doing so, and he is not going to modify that order. He said
the question for the board is whether to support that order. I-1e has a. lot of confidence in
Flenry's office especially in an issue like this, and he is inclined to support it.
Atty Perkins said he did not believe the Town would win an action for an injunction
because the Town will not be able to demonstrate to the Court that there is irreparable injury
or harm to the Town of Dryden because a guy is living in a camper. If you want to talk about a
violation of the Zoning Ordinance or something like that, it's another issue. If someone is
lawfully living there and not doing anything to the property, he said he doesn't believe the
Court will listen very long. They say there is no one occupying the house, there is no water
going out of the house through the system.
Supv Trumbull asked what could be done to fix the Basl's problem. Atty Perkins said
he doesn't know what causes that problem and that's really for someone else to determine, but
he certainly has private; causes of action against anyone who might: be liable for that to enjoin a
nuisance. But lie is not sure that the 'Town has an interest legally in solving the Basl's
problem because it is not a municipal water supply. Cl Michaels said he respects that opinion,
but we have an office of the Towii telling the board that it wants its order upheld., and he
thinks the board has a strong interest in upholding those orders and. seeing that they are
honored. Fie said he appreciates the Town Attorney's opinion and if after having been through
it they determine that it is a difFICUlt burden, he would be open to discussion or leave it up to
Atty Perkins and ZO Slater to decide whether to proceed. Atty Perkins said he only has a
summary of events so far and can't comment on whether it will hold up.
M Robertson said that the Health Department has been to tyre site numerous times, but
they don't have the legal authority to enforce. Supv'Trumbull asked if there was any agency
that: could order this to be cleaned up. M Robertson said this is unfit to live in, but the Zoning
Officer has to say that the house is unfit to live in. ZO Slater cautioned the board. to remember
there is no absolute insurance they are helping these people, and Supv Trumbull said it may
be the first step. Cl Christofferson said everyone agrees that this is a problem and needs to be
fixed; whose responsibility it is seems to be a problem and that someone will have to figure that
out, but the Town's responsibility is to look out for other people.
RESOLUTION #88 - AUTHORIZE INJUNCTION
Cl Michaels offered the following resolution and asked for its adoption:
RLSOI..VL;D, that this Town Board hereby authorizes the Town Attorney to take the
necessary steps in filing an action to enforce the order of the Zoning Office regarding 483 Hunt
Hill Road.
2nd C1 Christofferson
Pace 18 of 2>
TB 5 -13 -04
Roll Call Vote
Cl
Stelick
Yes
Cl
Christofferson
Yes
Supv Trumbull
Yes
ClImichaels
Yes
Cl
Hattery
Yes
ENVIRONMENTAL PLANNER
D Cross asked that the bond pass a resolution accepting the stormwater report.
RESOLUTION #89 - ACCEPTANCE OF STORMWATER MANAGEMENT
PLAN ANNUAL REPORT
Cl Michaels offered the following resolution and asked for its adoption:
WHEREAS, the Town of Dryden was required by the, NYS Department. of Environment:a.l
Conservation (DEC) to apply for a SPDES General Permit for Stormwater Discharges form
Small Municipal Separate Storm Sewers (MS4sl, Permit No. CP- 02 -02, and
WHEREAS, Dryden completed a Notice of Intent (NOI) and Storm Water Management
Plan (SWiViP) in order to apply for this permit: by March 10, 2003, and
WHEREAS, this Permit was approved by DEC and Dryden was given SPDES Number
NYR20A231 and has until January 8111, 2008 to fully implement its Storm Water Management:
Plan, and
WHEREAS, DEC requires the Town of Dryden to submit a Storrn Water Management
Plan Annual Report (SWMPAR) by June 1°, 2004, which assesses progress for the first: year of
permit activity, outlines plans for next year, and includes public comment, and
WHEREAS, Legal Notice was made in The Ithaca Journal on May 411, about a .Public
information Meeting to be held May 13111, and press releases were sent to The Ithaca Journal,
the Cortland Standard, Eagle Broadcasting Pilot: Broadcasting, NewsCenter 10, and Dryden
Courier, and a copy of the Stormwater Report has been available at the Town Hall since May
01, and members of the Town Board, Planning Board, Conservation Board, and Town Staff
have had an opportunity to review the report, and
WHEREAS, this May 1311, Public Information Meeting has included a summary of the
report, and
WHEREAS, all public comments received on May 13th will be incorporated into the
Annual Report before submission to the DEC, and
WHEREAS, the report includes a Municipal Compliance Certification, which must be
signed by "a principal executive officer or, ranking elected official, or duly authorized
representative of that person as described in Part VI.I.2, of the permit",
NOW, 'THEREFORE, BE iT RESOLVED that:
1. The Town Board of the Town of Dryden accepts this Stormwater Management
Plan ,Mnua] Report, upon condition that all public comments and changes agreed to this 131h
daY of ivtay, 2004, are incorporated into the final report, and
Page 19 of 25
TB y -13 -04
21 The Town Board of the 'Town of Dryden authorizes the Town Supervisor, Steven
Trumbull, to sign the Municipal Compliance Certification and submit the report to DEC by
June 161, 2004,
2„d Cl Christofferson
Roll Call Vote
Cl Stelick Yes
Cl Christofferson Yes
Supv Trumbull Yes
Cl Michaels Yes
Cl 1•lattery Yes
The Board tole,! Debbie Gross that she had clone a good job in preparing the report.
D Gross said that she wanted to make the board aware ghat there was a grant received
in 2002 from FEMA through SEMO for predisaster mitigation education and outreach and the
structure of that funding was that the Town of Dryden was responsible for working with a
number of partners on 21 different projects. The `Ibwn was to front the initial money for those
partners to do their projects and then get reimbursed through SEMO. There was an agreernent
signed with SEMO the beginning of January. There is now a claim for $1,000 from the SPCA
for printing of some brochures educating pet owners and owners of faun animals how to
prepare for and care for their animals in the event, of a disaster. The problem is that in the
budget there is a line for this project, but no money in that line. The money expected from
FEM.A is $31,872, with $10,624 match (mostly in time from the other partners). She wanted
the board to be aware of this and make sure that the bookkeeper- can find a place to draw the
money from. The board agreed that the bookkeeper and the Supervisor should figure this out
and inform the board.
GOLF COURSE PRESENTATION
Noah Demarest of Tallman &. Demarest Architechts gave a summary report of the
feasibility= study prepared for the Dryden Lakeview Golf Club. He will send the final. copy when
it. is prepared. He displayed a map of the property. C1 Christofferson said that if they were
going to talk ;about numbers they would have to go into executive session, but he would be
interested in an overview.
N Demarest said what they were doing in their study was trying to assess the viability of
the golf course from a design point of view and ultimately the idea of whether or the not the
Town is interested in purchasing and operating the golf course. It was originally a nine hole
facility. The current: owner acquired additional property in ai attempt to develop it into an 18
hole course. In doing so, one of the findings is that that was done without enough acreage,
trying to squeeze: too many holes into not enough land. One of the things they looked at was
whether any of those holes were salvageable from a playability point of view and what they
found was that a number of them have some serious hazardous situations. For instance some
holes are too close together or greens and tees are sort of burnping into fairways.
N Demarest said he had sorne input from the Conservation Advisory Council in terms of
the Town's position on open space. This is considered a managed open space asset on the
Open Spruce: inventory, There is some; interest here to maintain it as an open space and a
buffer to Dryden Lake.
They had a study perforated by the National Golf foundation. They looked at the golf
demand in the area to determine if the area is in demand of new golf facilities or over supplied.
Some of the key findings is that the area is actually over - supplied with value fee golf courses
(Elrn Tree, Slone Hedges, etc), but there aren't any high, premium facilities. There is still some
demand for standard or middle fee courses, however there are two courses in development
Page 20 of 25
TB 5 -13-04
within a ten mile radius. It creates a difficult. situation for this course to operate as an 18 hole
facility because it has to compete with existing courses and potentially two more courses
corning in. It is certain that this current arrangement of holes will not function and will not
compete, but it's questionable whether improving it will make it. function better. Improving it
will require gaining additional land. He demonstrated on the map where additional property
might be obtained.
Part of the problem with the land that was acquired is that it is extremely hilly so it is
difficult to walk the course v-id the bottom line is there is just not enough land. it also poses
maintenance issues,
They compared this course with the City of it:haca course which is the only other
municipal course in the area. It is also one of two 9 hole facilities. The Ithaca course over the
last 15 years has averaged a $15,000 loss per year. They compared that to the Dryden course
when it was a 9 hole facility, and it was quite successful and profitable at that point. The profit
from the 9 hole facility was the manager's salary, so essentially it broke even. A 9 hole facility
would have trouble generating a significant amount of revenue, would be essentially a break
even situation. 18 hole facilities can be quite profitable, but with the two new facilities coming
in, it is questionable whether this would be successful as an 18 hole facility. 'There has also
been talk about developing housing, either completely or in combination with a 9 hole, facility.
Those recommendations are in the report.
N Demarest said in general the golf course is situated on a beautiful piece of property.
It is an ideal situation for a golf course with wonderful views of Dryden Lake. He has some
general recommendations, short term goals and long term goals assuming that the course is
acquired either by the Town or by another private individual. Those are contained in the
report. He asked for comments or questions.
Cl Michaels said assuming that it were turrrc;d back into a 9 hole course, what was the
recommendation for the extra property that was developed. N Demarest said the
recommendation would be to try and attempt to keep all the parcels together because there is
potential for developing it: into an 18 hole course eventually. 1.8 holes can be profitable, where
9 holes is basically a break even situation. The recommendation to retain it is because it
provides open space and a recreational asset to the community.
Cl Michaels asked what other opportunities the Town would have to have other
activities occur on the golf course, and what kinds of things would we need to be concerned
about. N Demarest; said that: would take some more investigation, but in general it should be
more of an environmental buffer rather than a park, with the exception of winter uses. There
is potential for winter uses such as a cross country skiing facility. 'There has also been some
talk about developing a grail system around the lake.
James Turner
said the owner took the course
from 9
holes to 18 holes because he
believed that 18 holes
would generate more play and
better income and it didn't happen for
several reasons: there
was a terrible dry spell, then last year
was so wet, and this year is so
wet. Trying to keep the course in control has been a
large task.
Then they have equipment
breakdowns.
Sarah
Osmoloski
said the course is now operating as
the original 9 hole course due to
restrictions on personnel
and equipment. They haven't been
able to maintain it as an 18 hole
course. They
are trying to maintain the additional 9 holes but they are not really playable.
Joe 0smoloski said the 9 hole course was definitely profitable, each year was very
profitable. He enjoys the original 9 hole course and says the new course has problems, and
those problems are the reasons some of the other golfers stopped playing there. He said a 9
Page ? 1 of 25
TB 5 -13 -04
hole course is less maintenance, so the cost of maintenance will be less, they will need less
staff and it lari.11 be easier on the equipment. N Demarest said there is no question a 9 hole
course can be profitable, but an 18 hole facility can be far more profitable. The course as a 9
hole facility would make perhaps $1.80,000 in revenue per year and perhaps $40,000 to
$50,000 was profit, basically the managers salary. When compared to the City of Ithaca, they
don't have any profit, but they have far greater salaries. But as an 18 hole facility, even depsite
poor weather and maintenance issues, you would think there would be more golfers and you
would make more money, but in this situation, they actually had less revenue_
Gerry Ryan said he has been a member of the course since 1963, and the problems
with the golf course have always been management. They had phenomena] play for years, but
never encouraged food. He said the income, could be inuch more if it was correctly managed.
You can't run a business and not be willing to serve the clientele.. Services were not available
to them when they wanted. The course layout and design is a major factor, without about four
holes being hazardous to players. He said it is not a major undertaking to correct the problems
on the course, and they could have 18 very playable holes if they acquired a. little land from Ted
Hulslander. This will take time and money, but he doesn't want to see it turned into housing
which will ruin a beautiful asset to the community. The high school team doesn't currently
play there, but it would nice to have them back, and more community members coming back
and playing there.
M Robertson said she was confused when N Dem
buffer between the course and the lake, but not a park.
encourage too much non - golfing traffic through a course;
traffic should be limited to a defined trail system around
buffer. She said as far as running it as a golf course, N
preservation of open space and protection of the lake. It
higher expense of running a golf course,
crest said the Town could have a
He said you don't necessarily want to
because it could be hazardous. Any
the lake through an environmental
Demarest had said the benefit is
could be run as a park without the
Mr Martin said there is a, big dam area near the golf course property which could be
used for cross - country skiing etc., and it doesn't seem to be used for that. Two years ago they
offered lessons at the golf course and there were lots of kids that took advantage of that. The
coach of the golf team at the high school said they would be interested in coming back to the
Dryden golf course. He said he has lived at the end of the lake since 1964 and you have to go a
long way to beat that scenery. Golfers have not impacted the traffic on the road.
Bob Larsen said he is a new resident of the community and carne to the area because of
the golf course and the people he met there, from every walk of life. He introduced Ed Witko
who runs the senior golf league, saying that was one of the most successful operations he has
belonged to.
Ed Witko said he appreciates that the board is interested in looking at this property. 1
came to the area in 1966 with his family. His oldest son found the golf course and played there
almost every day. There are 30 to 40 seniors who play the course, ranging in ages up to 90's.
Some of those players volunteer to work with the young people (8, 9 tab 10 year olds) and he
said that is a wonderful thing. He said he can see the course with 9 holes immediately without
any problem, and then consider the possibility of further development. It is a beautiful site
and if the Town can't do something, maybe, someone else will do something. He urged the
board not to let: it go saying this is a gem for this community, the Town and the County. It is
something that is a little different than you'll find almost any other place because it serves all
segments of the population.
G Ryan. said they are at a critical point. He and some others have been volunteering
their time to maintain the course as a golf course. The problem they are having is that
equipment failure is getting ahead of them. They have opened up the original 9 holes a.nd can't
Pige 22 of 25
T13 5 -13 -04
• maintain all 18 holes with part: time help and expect it to last much longer. There is some
degree of urgency for action, either by getting another individual involved, the Town involved,
or something because they are almost at the end of their rope.
The people that are maintaining the course are not. being paid to do so, but are
volunteering their time. J Osmoloski said it means a lot to them to rrlaintain the course for the
wonderful people that continue to play there and if the course were no longer available, they
would be absolutely devastated. He said it is the most enjoyable thing to see these people play
on Frio:lay mornings. He said it shows a lot about: the community that these people give of their
time. to keep the course going, and it would be a travesty to let it go.
Cl Christofferson said the
weren't interested in trying to figs
takes a particular skill and there
cost, but. if the town could break
board appreciates the input, and would not be here if they
are something out:. B Larson the management of the course
are programs to help with that. That would be an additional
even on the effort, they would have done their job.
Dan Hill said he has belonged to the course for the past ten years. The degree of
vollnteerism there is unbelievable and they do a. lot of things besides the mowing. The
potential is unbelievable and his whole heart and drive would be to support the Town or
whoever gets involved with the course to do whatever they can do to keep the course using the
volunteers. Without them the course would have been gone three years ago.
Supv Trumbull said this corps of people are incredible and ought to be on 60 Minutes.
S Osmoloski said today as golfers finished playing they were pulling weeds around the
clubhouse. The audience thanked the board for hearing; their concerns.
TOWN CLERK
B Hollenbeck asked the board to approve the minutes February 26, March 11, April 8,
and April 21, 2004. Atty Perkins has suggested some changes to the April 8 minutes and the
wording of the resolution for the SEQR Declaration for the annexation, which the board
accepted.
RESOLUTION #90 - APPROVE MINUTES
Supv Trumbull offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves the minutes of February 26, March
11, April 8 (as amended), and April 21, 2004,
2n,1 Cl Stelick
Roll Call Vote Cl Stelick Yes
Cl Clirist:offerson Yes
Supv Trumbull Yes
Cl Michaels Yes
Cl Hattery Ye
B Hollenbeck had distributed to the board a proposed resolution circulated by the NYS
Town Clerk's Association in support of elirnination of the sunset provision for the local
Government Records Management Improvement: Fund. The Town has previously benefited
from this in two grants totaling $41,962. Cl Hattery said he was in favor of the sunset because
the legislature has continued to reauthorize it and is in favor of things that cause public
ls funding to come up for reauthorization rather just continuing it. He said it has been healthy
for that program because it has led to some modifications in the review process. The board
took no action on this resolution.
Page 2j of 25
TB 5- 13-(14
B Hollenbeck explained that she has someone interested in performing a dog
enumeration and has pro\ided the board with the contract form previously approved.
RESOLUTION #91 - AUTHORIZE DOG ENUMERATION CONTRACT
Cl Islattery offered the following resolution and asked for its adoption:
WHEREAS, NeNNr York State Department of Agriculture and Markets recommends that
municipalities conduct a dog enumeration evcry other year to ensure that its dog population is
licensed and vaccinated against rabies, and
WHEREAS, the 'l'own of Dnioden has not conducted an enumeration since 1 .995, acid
WHEREAS, there is an
individual who
is willing to serve
as dog enumerator for the
Town of
Dryden, and conduct
an enumeration
under the germs
of a contract,
NOW, THEREFORE, BE IT RESOLVED, that: this Town Board hereby authorizes the
Supervisor to execute a contract with William Blinn to conduct an enumeration in the Town at
the cost of $1.75 per dog counted and mileage to be paid at the rate of $.37,5/mile.
2nd Cl Michaels
Roll Call Vote
DISCUSSION
Cl Stelick Yes
Cl Christofferson Yes
Supv Trumbull Yes
Cl Michaels Yes
Cl Hatter`s Yes
Cl Christofferson said the board has a copy of the report from the Computing Center
and their recommendations. hle is not ready to recommend all the things they would like to do.
There is a lot the t'o«rn can do that is cost effective, but he is not ready to go along with
everything they've recommended, He will talk with them again and get back to the board.
The board members have received a questionnaire from Thoma Consultants for the
grant writing services. Each board member will complete the questionnaire independently, and
they Xvould like, department heads and the chairs of the Planning Board and Zoning Board of
Appeals to do the same.
The Historical Society would like to have the t- shirts and sweatshirts that are left from
the i3icentennial Celebration. The board agrees they should have them.
Supv 'Trumbull said he has talked with Cl Michaels about his position with Bolton
Point.. Cl Michaels has been extremely busy and unable to attend. Steve Lipinski who
previously served is willing to serve again, and Supv Trumbull has appointed him to that
Position.
The
formula for changing the assessment for
the
Leisure 1,.anef Meadow Drive lighting
district will
be reviewed during the budget process in
the
fall.
There is a tax sharing agreement in the works with respect to the relocation of the
Department of Transportation facility, and the board will review that when it is available.
Page 24 of 25
T13 s- 13-04
The Town of ltha(;a Supen•-isor has asked whether the Town would consider giving one
quarter of our Recreation Coordinator's time to keeping the Recreation Partnership alive.
Other towns are willing to share their coordinator's time. The Board asked for more details.
The idea is to save the partnership for the benefit: of the Towns.
The audit of the Etna Fire Department ii proceeding and is expected to be completed in
the next month or so.
The Hire Service Awards Program ATvill be discussed at a future date.
RESOLUTION #92 - APPROVE ABSTRACT #105
Cl Michaels offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves Abstract #105, as audited., vouchers
#384 through #492, totaling $356,332.98.
2nd Supv 'Trumbull
Roll Call Vote
Cl St.elick Yes
Cl Christofferson Yes
Supv Trumbull Yes
C1 Michaels Yes
Cl 11att:ery Yes
On motion made, seconded and unanimously carried, the board moved into executive
session at 1.1.40 p.m. to discuss the employment history of a particular individual and the
proposed acquisition of real property (public disclosure of which might affect the value). No
action was taken and the meeting was adjourned at 11:50 p.m.
Respectfully submitted,
Bambi L. Hollenbeck
Town Clerk
P3�ue 25 of 25
•
•
l
TOWN OF DRYDEN
TOWN BOARD MEETING
June 1, 2004
Present: Supv Steven Trumbull, Cl Martin Christotlerson, Cl Christopher
Michaels, CI Michael Hattery
Elected Officials: Barnbi L. F-lollenbeck, Town Clerk
Supv Trumbull opened the meeting at 7:51 p.m. On motion of Cl Hattery, seconded by
Cl Michaels, and unanimously carried, the board moved into executive session to discuss the
proposed acquisition of a parcel of property, the value of which could be substantially affected
by public discussion.
No action was taken and the meeting was adjourned at 9:20 p.m.
Respectfully submitted,
Bambi L. Hollenbeck
Town Clerk
Town rf Dryden
• Town Board Meeting
May 13, 2004
Name - ,Please Print;
tL
..mw�
Jo
Address
co(AAl arcl
wk