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HomeMy WebLinkAbout2012-04-12 TD 4- I2- l2 • TOWN OF DRYDEN TOWN BOARD MEETING April 12, 2012 Presen t: Supervisor Mary Ann Sumner, Cl Stephen Stelick , CI Joseph Solomon , Cl Jason Leifer , CI Linda Lavine Elected Officials: Banibi L. Avery , Town Clerk Other Town Staff: Dan Kwasnowski , Director of Planning Jennifer Case , Bookkeeper Sup' Sumner opened the meeting at 7 : 35 p . m . RESOLUTION #77 (2012 ) - APPROVE ABSTRACT #4 Supv Sumner offered the following resolution and asked for its adoption : RESOLVED , that this Town Board hereby approves Abstract #4, as audited , vouchers #250 through #355 , totaling $344 , 983 . 02 . 2^" Cl Leifer Roll Call Vote Cl Stelick Yes S Cl Solomon Yes Supv Sumner Yes Cl Keifer Yes Cl Lavine Abstain CI Lavine abstained from the vote because she had not had an opportunity to review all the vouchers _ She said she is appalled by the bills that have been submitted by the 'town Attorney and previously approved . Lupe Sumner said there is one final budget mod for 201 I . RESOLUTION 178 (2012 ) - APPROVE BUDGET MODIFICATION Supv Sumner offered the following resolution and asked for its adoption: RESOLVED , that this Town Board hereby approves a budget modification as tel From To Amount ' A8020 . 406 A8020 . 407 . $ 106 . 65 2nd Cl Leifer Roll Call Vote Cl Sthlick Yes Cl Solomon Yes Supv Sumner Yes 0 Cl Leifer Yes Cl Lavine her rage Iof7 To 4- t2- 12 • Ag committee - CI Leifer said he attended a meeting of the farming community last night and they talked about the committee as mentioned in the Comprehensive Plan . Some- time in the next 60 days folks will approach the board with a proposal for the the of the committee and its purpose . They have people willing to serve. The group will meet again May 2 at the town hall and will advertise the meeting mom widely . Cl Leifer said the group has a vision of how the committee will be farmed and function . The Town Board may draft a local law to form the committee, and has the ultimate decision . He said the group expects that it will inform the board on as issues coming from state and federal governments because the Town Board is not in the business of farming. They will engage in things that promote the farming businesses in the town and agri- tourism . They will be proactive in addition to working on things assigned to them by the Town board . Conservation Board applicants - Supv Sumner said 7 applications were received and reviewed by the Conservation Board (Town Board also has copies) . The Conservation Board has made a recommendation and a back up recommendation _ This will be on next week 's spends . Unsafe structures . &tiny Sumner said she visited Ellen Ross , who explained a plan far clearing out the house, but that was weeks ago, and nothing has been moved . Cl Lavine said she doesn 't understand the Town 's liability here . The town is spending money and we are not clear with the Town 's liability . Until it is clear to her that we have liability, it should. not be on our agenda. It is not clear that we should be doing anything, Supv Sumner said the building was condemned last year; the woman cannot live in it and needs a safe place to live . CI Lavine said she is not sure it is our job to save the woman from her house. Supv Sumner said h is our job to protect the neighborhood . Job Descriptions for Deputy Town Clerk and IT support services have been amended and reviewed by the personnel committee , and will be on the agenda next meek Health Insurance Opt Out Policy - Cl Stelick said the personnel comrriittee has been looking into a policy to offer employees the option of declining health insurance . There would be an incentive payment if they wish to decline the insurance. The Town would save money and share the savings with the employee. This would be for non- bargaining employees only initially, and addressed with the union in negotiations. Payout would be based on the premium for individual coverage and paid at the end et the year, An individual would not be able to opt out of health insurance coverage and take advantage of ancillary benefits like vision and dental . There was discussion about whether the town would require proof of other coverage . Supv Sunaner said she does not want 10 allow town employees to be uninsured or under uninsured. There are some questions about pm-existing conditions that they are checking on . hl telick said there would be one enrollment time per year with exceptions for the changing events , Dryden Lake Festival - h h asnowski reported the DEC is issuing the permit for camping and the Team doesn 't seem to have any say in the matter. • Supv Sumner said the has a proposed resolution encouraging the governor to establish a tax structure for gas drilling and win bring it to next week's meeting. In the past the Town Page 2 of 7 TB 4- 12- U • has said it will not opine on things that don 't affect the town . Cl Leifer said he thinks this is important Dryden Lake Park vandalism - J Bush has reported recent incidents of vandalism at the park , Supv Sumner has emailed Chief Ryan of the Village Police Department . The Town could ask the Sheriff and Troopers to patrol the park occasionally or they could contract with the village, There has been a suggestion to establish park hours. It was pointed out that there are fishermen on the lake at night. CI Lavine said she is concerned with the out of control legal expenses for Aoschutz . Atty Perkins has a $2 ,000 charge this month , and he shouldn't be involved in and charging no at this point_ _ There is $ 11 , 000 charge for work on the subdivision law . She doesn 't understand how it happens and why we dont contain it. She wants an agenda item for this at some point . Other towns have more controlled cosh, This needs to be explained to her because she is a board member . We need to stop talking and start planning_ She will share Guy Krogh 's agreement_ Supv Sumner said she would like an update on the Clarity Connect towers for next week. It is time to nail down the public hotspots and other things they are responsible for under their contract . D Kwasnowski said he has information for next week , Critical Environmental Areas - D Kwasnoski said the Conservation Board has agreed to a process for finishing the Critical Environmental Areas_ They will move two per meeting to the Town Hoard for approval , They will take the evidence used to identify the areas and put it into an expanded report and property owners will he notified _ He will elaborate next week. Subdivision Law - D hwaeoarmhi said there will be some adjustments to the tuning amendment because of the provisions in the subdivision law. Both will he introduced at the same time . He suggested there he a public information meeting before the public hearing to explain how the two mesh . On agenda for next week. Data for public hearing and public information meeting. Industrial land use suitability - ]7 hwasnowski said the Planning hoard has been working on this and he expects to have something soon.. The Planning Board is also meeting next Thursday . traMart Site Plan Review - will be on next weeks agenda and h Kwasnoslu distributed packets to board members . The packet includes his recommendations and a sample resolution. Anschutz Law Suit - Sur bummer and Cl Leifer both distributed proposed resolutions_ Supv Bummer said Mahlon Perkins will continue to represent the town regardless of who is chosen to represent the town in the appeal . Her document presents a reasoned approach and describes the qualifications of Earth Justice and Whiteman , Osterman 86 Hanna and leaves the decision of which firm to retain to the board . • al Lavine said she is appalled at Mahlon Perkins ' bill , This is not his town ; he is a loyal servant . Deborah Goldberg has offered an extraordinary service for free. We didn 't need to pay Page eof7 TB 4- 12- Li • Ally Perkins to find out what Dave Everett's bill was . This is not about Dryden, but about the gas industry . There is a ' uuch bigger picture - We don 't need to defend Dryden 's law. The judges never asked about our law ; they asked about pre-emption . This is way bigger than us . The Town has done a commendable job of putting forth this effort and protecting our resources- But this is not about Dryden . S$ other towns have passed bans and moratoriums . This is a very large question and the taxpayers of Dryden should not bear this burden . We should expect but bono help. Mahlon Perkins has a conflict of interest. Very little of this is about Dryden . It is about conflicting laws on the state level . It behooves us not to burden the taxpayers of Dryden - We won't be able to control the costs in Albany. Our opponent has a limitless budget and money speaks in court . There is no reason to assume that they will fall short of pulling every trick in the book. That will not happen if Earth Justice is representing us . This is a choice between one of the best lawyers in the country or a perfectly good f"non in Albany . The $25 , 000 quote is a lowball estimate . The other team has no limits , and you can multiply by two because there will likely be a second appeal. There is no question that Mahlon will have a role , but not a whole lot. It is not about us. It is a legal chess game . Ti Leifer 's resolution is written to retain Goldberg and Earth Justice. He said it looks like we are talking about equals. Both ran provide legal advice and have resources and expertise to do this. He is in favor of the pro Bono offer. They did good work in Middlefield and what. they prepared for Dryden . He doesn 't think Mahlon would have any trouble working with them , and we wouldn 't have a problem with control - If the concern is that they wont focus on us because we are small , that is not so . They will come up to discuss this with us, It will play out at the lower court level first. West is trying to expand the record and will bring a motion to expand for new evidence . That's about the only chess game that will happen , With respect to Ma.hlon 's bill , there is charge to review the Middlefield filing. He has plenty of reason to revise' that . There is a role for him to play when talking about our zoning amendment, And that is • something the justices at the Appellate Division could decide to take up on their own . We may want that point to be discussed , Deborah Goldberg would consult with Mahlon, He has not said how many hours he contemplated if he were working with D Everett. Mahlon would still be involved , but we would save a boatload of money going with Earth Justice . bade Sumner said that DRAT has appealed Rumsey's Decision on their intervention as well. upv Sumner said she has known Dave Everett a long time . We are lucky to have someone committed to the town like Mahlon is, She thinks Whiteman Osterman 's appellate and zoning experience is greater than Deborah Goldberg's. Dave Everett is worth the difference in price . 1 Solomon said he has been trying to keep an open wind and let alternatives come, He would like everything on the table before making a decision . Everett and oldberg seem on equal par- He wants to keep Mahlon involved and keep the board informed and filter things as - used be, All things being equal , because of the cost he will choose Earth Justice . This is taxpayer money . CI Stelick thanked Supv Sumner for her effort to compare apples to apples and said he respects everybody's opinion . He and Cl Solomon see eye to eve on this . He still thinks they are equal and the town will win in either case - He respects Mahlon and wants him in place- This is contentious , but he will have to go with the cost Factor as well . CI Lavine said Mahlon will be co -counsel in either ease . • After discussion of each proposed resolution , the board adopted the one drafted by Cl Leifer, with points from the one drafted by Supv Sumner added as an attachment. I've 4 of 7 =nada TT3 4- 12- 12 410 RESOLUTION #79 (20121 - RETAIN EARTH JUSTICE: AS APPELLATE COUNSEL Cl Leifer offered the following resolution and asked for its adoption; Whereas , Anschutz Exploration Corporation has filed a Notice of Appeal in the matter of Anschutz v. Town of Dryden , appealing the February 21 , 2012 , decision of Hon . Philip J . Rurnsey that upheld the Town of Dryden's right to prohibit natural gas exploration and extraction activities through the use of its zoning authority ; and Whereas, the Town Board of the Town of Dryden believes that it is in the Town's best interests to defend the decision of Appeal ; and Whereas, after careful consideration and review the Town Board of the Town of Dryden has decided to cheese its appellate counsel from two law firms - Whiteman , Osterman A Hanna, Albany , Bk, lead counsel David Everett, C d _ , and Earth Justice, lead counsel Deborah Goldberg, Esq. ; and Whereas, the Town Board of the Town of Dryden believes that both Earth Justice and Whiteman, Osterman 8r. Fianna have the necessary experience , resources, and expertise to provide the Town of Dryden with high quality appellate representation ; and Whereas , the Town Board of the Town of Dryden understands that town attorney Mahlon Perkins will provide assistance to appellate counsel and will bill the Town for this assistance at his hourly rate of $200 per hour; and Whereas , Whiteman , Oserman fik Hanna has provided an estimate of legal fees and expenses for the initial appeal to the Appellate Division , Third Department, of $25 , 000 , which includes the hourly charges to the Town from Attorney Perkins; and Whereas, Earth Justice has offered to represent the Town of Dryden on the appeal for no cost, with expenses estimated at $ 1 , 500 . 00 , not including any expenses incurred for services rendered by Attorney Perkins; and Whereas, Attorney Perkins has not provided the Board with a separate estimate of his legal To for services that he anticipates he will render on the appeal; now, therefore, be it RESOLVED , that the Town Board of the Town of Dryden hereby decides to retain Garth Justice as its appellate counsel for the case of Anschutz Exploration Corporation v . The Town of Dryden , and authorizes the 'Town Supervisor to execute a retainer agreement with Earth Justice. Attachment - paints from Supy Sumner's document: • Mahlon Perkins has seared the Town of Dryden as Town Attorney since 1979 and war reappointed Town Attorney on January 3 , 2012; and • Ar Perkins is the principal author of the zoning amendment challenged in the dotebetz case; and • Mr Perkins prepared the response and presented oral arguments at the November 2012 hearing of the Anschutx case in Suprerne Court, Tompkins County culminating in a decision upholding tone ' s zoning amendment; tart 5 of 7 'fit a- Lz- iz • Mr Perkins has successfully defended the town in several cases in Supreme Court, Appellate D ivision ; and • Deborah Goldberg, Managing Attorney of the Northeast Office of EarthJustice, on behalf of N atural Resources Defense, et . al . , prepared are am icus curiae brief in support of the Town of D ryden in the Anschutz Exploration Corporation v. Town of Dryden case; and • Ms Goldberg is an nationally recognized expert on the environmental impacts of natural gas development," and since 2008 has supervised and conducted legal advocacy and litigation related to global warming and environmental health with EarthJestice ; and • Ms Goldberg has expressed an interest in representing the Town of Dryden as lead attorney in the above named case, on a pro bore bases, charging only for "out-of- pocket costs including filing fees, electronic research costs and travel costs and the like" ; and • The town would incur expenses for the Town Attorney' s time working with Ms Goldberg and his contract rate of $ 200 per hour • Mr Everett an behalf of the Town of Ulysses, prepared an arnicns brief in support of the above named case; and • Mr Perkins has recommended retaining David Everett as co-counsel . and 11.1 * David Everett Partner in Whiteman Osterman li ' & Hanna ,a , LLP's works in the firm 's M unicipal, Environmental, and Zoning and Land Use and Practice Groups, and is willing to work in a co- counsel relationship with Town Attorney, Mahlon Perkins ; and ■ UUGH —Partner John Henry, former Appellate Court attorney, would assist Mr Everett; and ■ Mr Everett and Mr Perkins have offered an estimate of $25 ,000 to handle the appeal as co- counselors ; and • WOH = more zoning and appellate experience • WON ; wining to work as co-counsel . • OH and Perkins $25 ,000 v . Goldberg and Perkins $ 12, 000 • Despite many environmental concerns that led the town to ban gas drilling, the Anschutz a D ryden case is narrowly focused on the issue of preemption and home rule; and • Prior to joining Earth Justice , Ms Goldberg concentrated on cases involving environmental impact review, historic preservation, and hazardous waste issues and was lead counsel at the U . S . Supreme Court for the county intervenors in New York v. United $totes, 505 U .S. 144 ( 1992 } • (overturning portions of the Low Level Radioactive Waste Policy Amendments Act ) , ]age 6 of 7 T1R 4- 12- 12 • n, Cl Stelick I Roll Call Vote CI Stelick Yes CI Solomon Yes Supv Sumner No Cl Leifer Yes C1 Lavine Yes There being no further business, on motion made , seconded and unanimously carried ; the meeting was adjourned at 9 : 22 p . m . Re pectfuily su itted ,Xi I adAy • Bambi L. Avery Town Clerk 411 IIIii Page 7of ? Dryden Town Board Meeting _ Dryden Town Hall }f s ° East Main street o ' - n s- ' ir. Thursday, April 12 , 2012 at 7 : 30 PM —� 1 - Call Meeting to Order 2 . Roll Call 3 , Discussion Items a- Ag Committee Steve, Jason b . CB Applicants c . Unsafe structures d , 1 'I- Deputy Clerk job description e . Health Insurance opt-out policy f. DLI-" camping permit application g- Resolution rc , taxation of natural gas drilling h . Anschutz case i . Dryden Lace Park vandalism 4 , Proposed April 19 Agenda Items to Site Plan Review : Kira Mart • b. Minutes = March 1 , 8 and ] 5 5 . Unfinished Business 1 . Yellow Barn Road SI-JA . Y13M'D Board memo d . New Business 19 CB Appointment . Grant recommendations 3 . Settlement of IAMMJDf rave Hogan dispute 4 . Pair Housing Proclamation 5 . MEGA participation . rrl support proposal 7 . Introduce LL# of 2012 : Amendment to LAP of 2007 e- Committee Reports ] - Personnel Maternity Leave Policy. IF/Deputy Clerk job description , health insurance opt-out policy 5 . Abstract approval The Next Abstract and Agenda Meeting will be Thursday , May 10 , 2012 at 7 : 30 PM • 0 Tewn el nrygen Special Town Board Meeting ® April 12 , 2012 Name - {Please '; Print} Address or Board m a r - ,.. / e rye r" PoO s- ) b r d e r _ cI0tt rrn \ c , 44/ \ da Qk cicb-e___ oki McRhL14JFb-LCQJ q,99 .,, , .i ' / 3 4 . ,ZAL 4 , _ Jinn / 191 • if / +• ezcs l - t ow sLn,t1/4 . • 0 C 4 Lt S 9. N\jaLki4erd( PCI ' bAu b g D,c _ - ez C •