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HomeMy WebLinkAbout2004-09-24TB 9 -24 -04 ® TOWN OF DRYDEN SPECIAL TOWN BOARD MEETING September 24, 2004 Present: Supv Steven Trumbull, Cl Stephen Stelick, Jr, Cl Christopher Michaels, Cl Michael Hattery Elected Officials: Bambi I... Hollenbeck, Town Clerk Other Town Staff: Mahlon R. Perkins, Town Attorney Supv Trumbull opened the meeting at 13:43 a.m. He noted the first item on the agenda was the appointment of a new Recreation Coordinator. More than sixty applications were -� received cold reviewed and narrowed down to eight applicants. One of them withdrew and the +�• remaining seven were interviewed by three members of the Recreation Commission, Cl Stelick and Supv Trumbull. The consensus was to appoint Jennifer Staton who is moving to the area from Lynchburg, Virginia. The plan is to keep Jennifer Gla.ab on for a few weeks to aid in the transition. Cl Stelick said this position has been successful and is worth continuing, particularly in light of whatever happens with the Recreation Partnership. The Rec Partnership meets next: Tuesday and Cl Stelick will attend. He said the biggest item of concern for the outlying Towns is the cost of the Ithaca Youth Bureau. They are looking for more information on costs of specific programs and the cost per person. Cl Michaels said the cost to the Town ($13,000) is a pretty good use of our resources, but the cost to ' participants is greater than the programs run by the Town, which theoretically should be more expensive and less efficient. He is also concerned with the very specific, centered nature of the programs and that they don't use other resources in the Town. Cl Stelick said that is what the Town and other municipalities are looking to accomplish. Cl Michaels said he feels very strongly that if something is created with the other towns that a structure be created that is not reliant on county funding. He does not agree with their priorities and does not want a program continually at risk because of their priorities. Cl Stelick said he thinks the majority of the people in the rec partnership are of that agreement. RESOLUTION #140 - APPOINT RECREATION COORDINATOR Cl Stelick offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby appoints Jennifer Stanton to the position of Recreation Coordinator effective October 11, 2004, at a starting salary of $31,500, with $500 bonus to be paid after six months, pending board review, this being a probationary appointment until April 10, 2005. 2114 Supv Trumbull Roll Call Vote Cl Stelick Yes Supv Trumbull Yes Cl Michaels Yes Cl Flattery Yes Atty Perkins distributed two proposed resolutions that contain the form of the proposition to appear on the ballot for the special election for the proposed Royal Road Water District and Royal Road Sewer District. This is a special town election because it is not held on Paae I of 5 Tm 9 -24 -04 ® a biennial year on election day. Town elections are only held on odd number years, and any other election is a special election. The Town Board, if it decides to, can pass a resolution requiring personal registration for special gown elections. Past boards have elected not to do that because of the administrative nightmare that is involved and the limited number of people who will be voting. The Town Clerk and Atty Perkins thought that it would be easiest to hold the special town election on election day and the Board can appoint the same election inspector that you have already there and would not incur any additional expense. Special elections typically have more limited votuig hours, but you can expand them to coincide with the general election hours and it seems to work best that way. Atty Perkins' recommendation is that given the limited nature and scope of the project and the voters and so forth that the board not get into personal registration which will be very time consuming for the Town Clerk and that we use paper ballots and that you also appoint the same ballot clerks and election inspectors that are appointed for the general election. The Town Clerk and Atty Perkins have talked about the form of the ballot and B Hollenbeck believes she can produce them and save the printing expenses. There are about seven potential voters and it doesn't: make sense to spend a few hundred dollars for set up and printing expenses. RESOLUTION #141 - SPECIAL TOWN ELECTION - ROYAL ROAD WATER DISTRICT Cl Michaels offered the following resolution and asked for its adoption: WHEREAS, the Town Board adopted Resolution No. 122 on July 22, 2004, approving the establishment of the Royal Road Water District:, which resolution was adopted ® subject: to a permissive referendum, and WHEREAS, Notice of Adoption of said resolution was duly posted on the Town signboard and published in The Ithaca Journal as required by law, and WHEREAS, the Town Clerk received a petition requesting that the proposition be put to a vote of the qualified voters of the proposed Royal Road Water ]district at a special town election, and WHEREAS, there are sufficient: signatures on said petition and the same was filed in the time required by law and is otherwise legally sufficient to require such special town election, NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. That: a special town election to vote on the proposition on the establishment of the Royal Road Water District shall be held November 2, 2004 at the Town Hall, 65 East Main Street in the Town of Dryden, County of Tompkins and State of New York with the hours of voting from 6:00 a.m. until 9:00 p.m., prevailing time. 2. The proposition to be voted on by the qualified voters at the special election shall be as follows: PROPOSITION NO.1 ® "Shall Resolution No. 122 adopted by the Town Board of the Town of Dryden on July 221 2004 establishing the Royal Road Water District: and providing for the improvement Page 2 of 5 therefore consisting of the purchase and installation of water main, (1) gate valve, relocation of (1) fire hydi system, land or rights -in -land, original furnishings, improvements and expenses in connection therewith proposed water district of $57,500 be approved ?" TB 9 -24 -04 approximately 180 linear feet of 8 -inch -ant, connection to the existing water equipment, machinery and incidental at a maximum estimated cost to the 3. The Town Clerk is authorized and directed to publish and post the required Notices of the special election according to law. 211d Cl Stelick Roll Call Vote Cl Stelick Yes Supv Trumbull Yes Cl Michaels Yes CI Hattery Yes RESOLUTION #142 - SPECIAL TOWN ELECTION - ROYAL ROAD SEWER DISTRICT Cl Michaels offered the following resolution and asked for its adoption: WHEREAS, the Town Board adopted Resolution No. 123 on July 22, 2004, approving the establishment of the Royal Road Sewer District, which resolution was adopted subject to a permissive referendum, and WHEREAS, Notice of Adoption of said resolution was duly posted on the 'Town signboard and published in The fthuca Journal as required by law, and ® WHEREAS the Town Clerk received a petition requesting that the proposition be put to a vote of the qualified voters of the proposed Royal Road Sewer District at a special town election, and WHEREAS, there are sufficient signatures on said petition and the same was filed in the time required by law and is otherwise legally sufficient to require such special town election, NOW, THEREFORE, BE iT RESOLVED AS HOLLOWS: 1. That a special town election to vote on the proposition on the establishment of the Royal Road Sewer District shall be held November 2, 2004 at the Town Hall, 65 East Main Street in the Town of Dryden, County of Tompkins and State of New York with the hours of voting from 6:00 a.m. until 9:00 p.m., prevailing time. 2. The proposition to be voted on by the qualified voters at the special election shall be as follows: PROPOSITION NO. 2 "Shall Resolution No. 123 adopted by the Town Board of the Town of Dryden on July 22, 2004 establishing the Royal Road Sewer District, providing for the improvement: therefore consisting of the acquisition, construction and installation of sewer transmission mains and ® lines, equipment, machinery or apparatus required in connection therewith including the acquisition of a 2" acqu and 1.5" force main, the installation of 370 linear feet of 1.5" .force main and 90 linear feet of 1.25" force main, two valve manholes, connections to the existing gravity Page 3 of 5 1'13 9 -24414 ® sewer, land or rights -in -land, incidental improvements and expenses therewith, at a maximum estimated cost to the proposed sewer district of $47,500 be approved ?" 3. The Town Clerk is authorized and directed to publish and post the required Notices of the special election according to laws. 2114 Cl Stelick Roll Call Vote Cl Stelick Yes Supv Trumbull Yes Cl Michaels Yes Cl Hattery Yes Atty Perkins said the Town has a local Law adopted in 1998 regulating the construction of telecommunications towers. There is a tower in the gown that was constructed prior to that date and it: has several carriers on it. The Zoning Office is in receipt of an application from one carrier to replace the existing antenna with an updated antenna array. A question has arisen as to whether this carrier has to go though the special permit process. He said there is no real answer to that question. He has spoken with Mr. Burgdorf, attorney for Verizon, looked at our local law and looked at the authority cited by Mr. Burgdorf which doesn't: make it clear, though there is some discussion in at least one lower Supreme; Court case that says every time technology changes and you want to upgrade the antenna, as long as it doesn't affect the integrity of the tower you shouldn't have to go through the special permit process. The carrier in this case is proposing to remove the whip antennas and put in some directional panel antennas. There will be no changes to the tower itself. Atty Perkins said our local law is not clear about what happens in this situation and he suggested that as long as the ® Zoning Officer is satisfied that the tower will support: this change by appropriate certification by a structural engineer, then we let them do without: the special process. He suggested that we look at the local law and see if we need to amend it, because this comes down to a matter of interpretation. Cl Michaels said he would be in favor of saying that it only applies to changes in the structure itself. The board and the public are more concerned with rather or not: there is a Lower there at: all rather than what. kind of equipment they use. After further discussion, the board agreed it should be expressly addressed in the local law and a special permit should not be required for replacement of technology equipment. There has been some progress in locating a telecommunications consultant and the committee recently met with a Dryden resident who is interested. Supv Trumbull explained that the personnel committee recommended the town hall employees be given an additional four vacation days. RESOLUTION # 143 - ADDITIONAL VACATION DAYS Supv Trumbull offered the following resolution and asked for its adoption: WHEREAS, past practice has been to give the Town Hall employees four vacation days in addition to their regular vacation benefit, now be it therefore RESOLVED, that this Town Board hereby changes the vacation benefits for full time, permanent, non -union employees to include four additional vacation days for the calendar year ® 2004 only. 2nd Cl Stelick Page 4 of 5 TB 9 -24 -04 Rol] Call Vote Cl Stelick Yes Supv Trumbull Yes Cl Michaels Yes Cl Hattery Yes Supv Trumbull said that the County had been responsible for inspections of the Virgil Creek Dam for the past five years and now it is not being inspected. Cl Hattery suggested the Supervisor send a memo to Reba Taylor and Steve Whicher asking that the maintenance of the dam be revisited. Cl Michaels suggested that he request the County's inspection and maintenance records. Supv Trumbull said they had received a budget request from the Southworth Library, but the mayor has suggested they also get a financial statement. That has not been provided in the past, and Atty Perkins said it is not required, but could be requested. Cl Hattery said it would be good to see actual expenditures and revenues. Cl Stelick said he believed we had received that last year, and because they were having to take funds from their endowment, the Town increased the amount budgeted for them. Supv Trumbull said he had received an anonymous call from someone saying that three more houses had been constructed in the Leisure Lane area and they needed more lights. NYSEG has looked at it and said they didn't see where more lights were necessary. There is a. Town Board meeting scheduled for November 11, which is Veteran's Day, and Supv Trumbull asked whether it should be changed. The board indicated they would like to keep the meeting the same. It was noted that they may have to have an additional board meeting to comply with the law regarding the budget and they may have to meet the week before. The Town has been advised that it needs up to 4% capacity in the Ithaca plant under the joint sewer agreement. Supv Trumbull will need to negotiate with the Town of Ithaca for the additional capacity. Atty Perkins said this is a result of the diversion of now from parts of Ithaca and Dryden so that it doesn't: go into the Cayuga Heights plant, and noted there should be a commensurate reduction in what the Town pays Cayuga Heights. Atty Perkins asked to be involved in the discussion, noting that we have purchased additional capacity in the past and they need to check the history. Atty Perkins said the Town passed a resolution earlier this year accepting Scenic Way and Scout Lane. The developer posted a bond which is good through September 30, 2005. He was supposed to have the road and pond completed by September 30, 2004, and will be unable to do so because of the wet: weather. Atty Perkins said the bond is in place, and if the developer needs longer to get the work done, the Town is covered. Atty Perkins will talk with the Highway Superintendent about it, and said the Town should be looking ahead and making sure it is done by July 1 of next year, but riot take any formal action. On motion made, seconded and unanimously carried, the board moved into executive session at 9:22 a.m. to discuss a matter of potential litigation and the possible acquisition of real property which may be affected by public disclosure of the terms. No action was taken and the meeting was adjourned at 9:47 a.m. Respectfully submitted, Bambi L. Hollenbeck Town Clerk Page 5 of 5 Name - ,Please Print} 5,-i 0 1 00 P.eww- • • Town of nryden Town Board Meeting September'?, 2004 !Address E avl ;A�u CC4 +. "CK n a