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HomeMy WebLinkAbout2014-08-21TB 8-21-14 D R A F T Page 1 of 15 TOWN OF DRYDEN TOWN BOARD MEETING August 21, 2014 Present: Supervisor Mary Ann Sumner, Cl Gregory Sloan, Cl Jason Leifer, Cl Linda Lavine Absent: Cl Joseph Solomon Elected Officials: Bambi L. Avery, Town Clerk Richard Young, Highway Superintendent Other Town Staff: Jane Nicholson, Director of Planning Mahlon Perkins, Town Attorney Supv Sumner opened the meeting at 7:02 pm and board members and audience participated in the pledge of allegiance. CITIZENS PRIVILEGE Roger Yonkin, 26 German Cross Road, said he and Phyllis Smith-Hanson are here representing residents of German Cross regarding the work that has been done and is ongoing on German Cross Road. The first problem has to do with the right of way. He is surprised that towns and counties still believe they have 3 rods. The Coddington Road residents sued the county because the county was going to widen the road and the county lost. The county then appealed and lost the appeal. Towns own by use. Back in the day where there is no ditch they owned to edge of shoulder and where there was no shoulder they owned to be the back side of the ditch. Now the town has come in and widened those ditches, essentially on to private property. They’ve gone to what they consider 3 rods which is 49.5 feet over all. Because of that we have deep ditches where a vehicle out of control could overturn or impact the back side of the ditch. Or it could proceed down the ditch and impact the side of the new drives they’ve put in. The rules and laws of the highway say if you put in a new ditch, sign, guiderail, or whatever it is, it has to go into the current standards. In most cases the town doesn’t have enough space to put in a ditch that carries a lot of water. He talked about installation of a reasonable ditch and pipe under a driveway. The problem the town should be concerned about is that the town will be sued if there is an accident because the ditches were not built to current standards. The three rod or highway by use goes back many years and it is very easy to read the opinions of the state attorney general. It easy to see that towns only own by use and now we have a local decision by the courts. One of the first things he heard was that the town has nothing to do with the highway superintendent. The town will be sued, not the highway superintendent. The town should have known it because board members all signed the same piece of paper. NYSEG is now going to replace all the gas lines into all the houses and will to have to dig up German Cross Road. Obviously it wasn’t coordinated. If you dig it up before they pave it, then you’ll have a settlement everyplace it is dug up, and obviously if you dig it up afterwards, that isn’t a very good situation. Phyllis Smith-Hanson – presented the board with 200 photos of the current state of affairs on German cross Road and case law on six very similar situations in which the courts adjudicated in favor of the residents. She has presented an outline of the case on Coddington Road. She read from NYS Highway Law Section 284: The moneys levied and collected for the TB 8-21-14 D R A F T Page 2 of 15 repair and improvement of highways, including sluices, culverts and bridges having a span of less than five feet and boardwalks or renewals thereof, the monies received from the state, as provided by sections two hundred seventy-nine and two hundred eighty-two, and such other moneys as the town board, by resolution, shall have transferred pursuant to section one hundred thirteen of the town law or pursuant to section two hundred ei ghty-five-a of this chapter shall be expended for the repair and improvement of such highways, sluices, culverts, and bridges and walks, at such places and in such manner as may be agreed upon by the town board and the town superintendent of highways. Such agreement shall be written and signed in duplicate by a majority of the town board, and by the town superintendent, before the same shall take effect. One of such duplicates shall be filed in the office of the town clerk and one in the office of the county superintendent. P Smith-Hanson asked the board if there was a signed 284 agreement and was told there was. She said a capital expenditure requires a 284, so if a 284 has been properly documented, that means this town board knew what was going to happen to German Cross Road. None of them asked the highway superintendent if it had been discussed with the residents of the road. Cl Leifer said the 284 is not specific as to which culverts will be repaired, and Ms Smith-Hanson replied that something that did not exist is not a repair. Attorney General Opinion #95-31 states “…by widening the roadway, constructing ditches, or removing trees, the town should obtain the permission of the fee holder or pay just compensation.” P Smith-Hanson said the residents feel like the town has taken their property, has taken their trees, and has made it unsafe for them to travel on their own road. They want a cease and desist until a time comes when the town has looked over the situation and made a wise decision. They definitely want compensation for the damage done to their property. Joe Osmeloski, member of the Ag Advisory Committee, said he would like to discuss his personal opinion and impression of the meeting with Dr Somers on August 13. It was informative, educational, and he learned a lot. Dr Somers is good speaker. It was well run and well attended. The question and answer session was respectful. His overall impression was an A for Dr Somers and an A for town of Dryden. The negative is that prior to the meeting there was an email exchange between a member of one of the volunteer boards and Dr Somers. The final email from Somers ended with: “I also thought that this meeting was an opportunity to discuss issues. It sounds like I will be providing a deposition. Has this meeting progressed to the point of becoming testimony and treated as a sworn statement?” As part of the Ag Committee that set up this meeting, he is very disappointed that this type of exchange elicited such a response from Dr Somers. He would hope that any volunteer board member would conduct themselves in a professional manner when dealing with an invited speaker. He hopes that the town can assure that invited speakers will be treated with respect and dignity. If we wanted to invite them again, he would hope they would be more than willing. He wouldn’t blame Dr Somers if he didn’t want to come back. He is wondering if there is a policy about how speakers are treated, or if there is a misconduct code. He hopes that, like him, the board feels this behavior was unacceptable. Joe Wilson – 75 Hunt Hill Road – The issue of roads by use and the rules that apply to them have obviously percolated to the surface. He requests that the board, to its ability and within reason, post a map or some indication of which roads in town are roads by use, and what the town understands it can do without consulting with the property owners adjacent to the roads by use. He sent an email to the board and asserted rights that he understands to TB 8-21-14 D R A F T Page 3 of 15 exist, and it would be helpful to have a response to his email about what the town understands it can do without consulting property owners. With regard to the gas pipeline proposed in Dryden, there are a number of unanswered questions. He thanked Cl Leifer and Cl Sloan who sought out information and facts from NYSEG. Unanswered questions that include: what the right of way actually will be, what the proposed route is, is there a map, how much land do they propose to seek through eminent domain or agreement with owners. What is the necessity of natural gas being the fuel that is the supposed to support the development in Lansing? Why not some kind of renewable energy consistent with the town’s approach to sustainability? He is concerned with the notion that the only way to bring economic development to our town or to Lansing has to be driven by fossil fuel. Renewables are almost as economic or more economic now and will spawn many more jobs. Chris Jensen, 63 German Cross Rd, said it is a travesty what has happened to the road especially since what he has learned at the meeting on Sunday. It seems clear to him that the law was violated. He urged the board to visit the German Cross Road as soon as possible or look at photos provided by Phyllis Smith-Hansen. Cl Sloan said he has visited the road and the ditch would make any WWI trench engineer proud. C Jensen said he is very disturbed by the lack of communication between residents and highway department. He asked why was it done, how did we get here, and said people don’t want it. Last fall the subject was the truck traffic on the road. Last April for two days he was home and counted the trucks that went down German Cross Road in front of his house. There were 60 each day two days in a row. That is 120 passes, rumbling, brakes, and dust. The trucks continue to this day. He asked if this major widening of German Cross Road was done to accommodate the trucks. People don’t want that. Deborah Cipolla Dennis, 964 W Dryden Road, said she also appreciates that Cl Sloan and Cl Leifer have contacted NYSEG. Some of the information they received does conflict with information provided to them in January. They still have questions and are meeting with their neighbors and talking about this. Putting a pipeline through West Dryden Road is not acceptable to her or a bunch of her neighbors. She understands NYSEG will use eminent domain to take property if necessary. Bob Pass and Doug Bogey both confirmed they have that ability and will use it if they don’t get their right of way. Bob Pass told them it would be 50’ on each side of the pipeline for an easement and told Cl Sloan it would be on the shoulder of the road. Dave Bogey told them an easement of 25’ to 50’ would be required. He is the project manager and works out of Rochester office. The last information from B Pass is that they don’t quite know yet; that it depends on the pushback from neighbors and whether they have to criss-cross the road. They are getting conflicting information. She is not sure what power the town has, if any. They can’t seem to find the answer to that. She would like the board to support them by drafting and passing a resolution to oppose the pipeline. This is not consistent with Dryden’s push to renewable energy and away from fossil fuels. Investing in infrastructure that keeps us in fossil fuels is not where they want to go. There is a meeting at the Freeville Fire Hall from 4 to 8 on August 26. This is an informational meeting where they will keep people separated so as to not answer questions in a group format. Residents are trying to stand firm and keep it from coming to the neighborhood. Kathy Elliott thanked the town board and employees for organizing and attending the ag meeting with Dr. Somers. She said this is communication as it should be, and thanked people for attending. TB 8-21-14 D R A F T Page 4 of 15 Community Science Institute presentation by David Weinstein D Weinstein said he is currently serving as President of the Board of the Community Science Institute (CSI). He asked to provide a quick report tonight on the kinds of things the Institute and its army of volunteers are doing to monitor the health of Fall Creek and its tributaries. The biggest and possibly one of the most expensive problems facing the town is the state’s effort (over a $2 million project) to set total maximum daily loads of phosphorous coming out of the watersheds to Cayuga Lake. Fall Creek is the biggest watershed, and if TMDLs get accepted, there will be an accompanying mandate to reduce the amount of phosphorous. Fall Creek is the one of the largest tributaries to Cayuga Lake and produces 16% of the total load each year. The total amount of phosphorous in terms of pounds per year from Dryden is about is 13,000 lbs. Usually the amount of mandated reduction in TMDLs is 20% to 40%. The cost of this reduction could amount to $200 per pound. This means Dryden would be responsible for up to half a million a year. The method of reduction and expense is up to communities to figure out and there is no financial assistance from the state. CSI is a nonprofit organization founded in 2000. Their mission is to empower citizens to become stewards of the local environment by participating in volunteer water monitoring programs. They have been monitoring since 2002. The data collected can be used to make decisions and question conclusions coming down from the State. They focus on local issues and helping local government work through some of the issues they face. The samples collected go to their laboratory which is a EPA and DEC certified laboratory so any of the results from it would stand up in any court should it ever come to that . They are funded through local government and donations with a $195,000 annual budget. They have been monitoring Virgil Creek and Fall Creek all the way up to the headwaters. The state is basing their TMDL estimate on one year of data, the CSI and its volunteers have been monitoring since 2002 so they have a longer track record of data and a better understanding of the trajectory of the streams. All the data is available on their website. Other issues on the health of Fall Creek: e-coli levels – about half the time readings are above the recommended level. Most high levels are during big storm events. Chl oride levels - are getting higher because of increased amount of salt use, but not at a dangerous level. Biological monitoring indicates long term health of the creek. Fall Creek in general is healthy and improving in its health. CSI also does oversight on sewage treatment plants. The Freeville plant is operating very well. In Trumansburg they once found raw sewage being deposited into the creek. With respect to fracking, if it should ever come here, CSI and its volunteers will help people take samples of their water before and after. CSI’s model of building partnerships between their lab and teams of volunteers provides data that empowers us all to make better decisions. The data can be used in all kinds of ways to be sure that our streams and tributaries stay healthy. TB 8-21-14 D R A F T Page 5 of 15 TOWN CLERK RESOLUTION #131 (2014) – APPROVE MINUTES Supv Sumner offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby adopts the meeting minutes of July 10, 2014, and July 17, 2014. 2nd Cl Leifer Roll Call Vote Cl Sloan Yes Supv Sumner Yes Cl Leifer Yes Cl Lavine Yes COUNTY BRIEFING Mike Lane said he has seen so many articles about fracking issues around the country that it makes him think that what we did here was the right thing to do. There have been problems in Colorado, Ohio, and Pennsylvania. There was a 4.2 earthquake in Oklahoma this week. The County is working on its budget. The County Administrator will hold the budget to a 2.36% increase in the levy. They are waiting to hear from the NYS Comptroller as to what the actual percentage figure will be for contributions from municipal employers to the retirement fund. That has gone to astronomical heights in the years since 2008. The Farm to Bistro program at TC3 is moving ahead. They are installing equipment in the bistro in downtown Ithaca. They’ve had over 100 applications for the food science program and around 20 are interested in the farm program. They are renovating the barn on the property and have purchased equipment. It seems the students are excited about both of the programs and it will be a good thing for both counties. The construction at the college is proceeding as expected. The County is working on an addition to the human services building to house the day reporting program, then old library building will be freed up. They asked the public for comment on the proposals for the site and about 70 people came in, and 28 spoke. Many stressed condominiums; some thought it best to rebuild the existing building. The proposals are on the county website. County offices were closed yesterday because they had no power due to a lightning strike. The County will be holding a public hearing on a local law to add e-cigs to the current tobacco law that bans tobacco usage in places of employment, businesses and taverns . The Health Dept has urged this addition. NYSEG is having public meeting on 8/26 at Freeville fire station to discuss the proposed distribution along West Dryden Road. Supv Sumner said this meeting is set up in such a way to make it possible to have one on one conversations. NEW BUSINESS TB 8-21-14 D R A F T Page 6 of 15 Supv Sumner explained that somehow the board had failed to reappoint Stephanie Mulinos to the Recreation & Youth Commission and asked the board to do that. RESOLUTION #132 (2014) – APPOINT S MULINOS TO RECREATION & YOUTH COMMISSION Supv Sumner offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby appoints Stephanie Mulinos to the Dryden Recreation and Youth Commission for a term to expire December 31, 2015. 2nd Cl Lavine Roll Call Vote Cl Sloan Yes Supv Sumner Yes Cl Leifer Yes Cl Lavine Yes DEPARTMENT REPORTS Planning, Zoning & Code Enforcement – Kevin Ezell explained that he is a member of three organizations that he believes are important and would like the board to understand a bit about them. Southern Tier Building Officials Association (STBOA) – This is a chapter of a statewide building officials association. He is serving as First Vice President of the local chapter, and a delegate to the state organization, which is called New York State Building Officials Conference (NYSBOC). Their main purpose is to make sure there is enough training (24 hours inservice training per year) offered for code officials to maintain their certifications. There is time spent with other code officials to learn about their struggles and their victories. STBOA covers eight counties and they try to offer the training opportunities across those counties. Business meetings are held quarterly in conjunction with the trainings. NYSBOC has a similar purpose but works more directly with NYS Dept of State Building Standards and Codes. NYSBOC works with the legislature and has a lobbyist. They have secured funding for ICC memberships for the next three years and code books. This is significant because the books cost about $480 and every municipality will get a membership (based on population). K Ezell has been a part of the NYS Residential Technical Subcommittee since its inception in 2001. They meet as needed, typically with the three year update cycle. Fire separation is something that they visit regularly. ICC only requires a 20 minute fire separation, so ours is more stringent. NYS allows a rise on steps of 8.25”. ICC only allows a max of 7.35”. A higher rise shortens distance required for stairs. These are examples of what they’ve discussed. International Code Council (ICC) – makes the code that 47 states use. K Ezell was on the residential committee for the code that just came out. It involved his time after hours and time at the committee with 200 plus code change proposals reviewed. Expenses were all paid by ICC. The town only pays for his time. This involvement keeps us in the forefront of what is going on with the code and gives us an opportunity for direct input. His involvement has increased his understanding and helped him become a better code official. He feels it is important that he stay involved as much as he can, as long as it doesn’t take away from his responsibilities here. TB 8-21-14 D R A F T Page 7 of 15 The annual meeting is this September and because he is first vice-president he was able to get the registration fee of $600 waived and received a scholarship of half of his expenses up to $1,000. He may only need $150 from the town because STBOA and NYSBOC are also contributing toward his expenses. He believes it will be time well spent for the town. He also receives credit toward in-service training for attending. K Ezell said he would be happy to talk with anyone about his involvement with these organizations and codes in general. Supv Sumner said she may ask for a presentation about the necessity of codes. IAWWTP Amendment – Supv Sumner explained that the Ithaca Area Wastewater Treatment Facility had made an agreement with GHD Engineers in 2013 for analysis and design for improvements to the influent building at the plant. That agreement has been submitted and a report submitted and reviewed. The facility has asked for another small bit of engineering, so this amendment to the original agreement is necessary extending the agreement to July 31, 2015. RESOLUTION #133 (2014) – AUTHORIZING AMENDMENT 1 TO THE AGREEMENT AMONG CITY OF ITHACA, TOWN OF ITHACA, AND TOWN OF DRYDEN AND GHD CONSULTING SERVICES, INC. (CAPITAL PROJECT 419J) Cl Leifer offered the following resolution and asked for its adoption: Whereas, the Agreement Among City of Ithaca, Town of Ithaca, and Town of Dryden and GHD Consulting Services Inc. (GHD) for engineering services relating to Capital Project 419J: Improvement of the Influent Building and Solids Dewatering Process for the Ithaca Area Wastewater Treatment Facility (IAWWTF) was approved by the Special Joint Committee (SJC) on October 9, 2013, and by the Town Board on November 21, 2013; and Whereas, GHD has submitted and IAWWTF staff has reviewed the final report required by the 2013 agreement; and Whereas, IAWWTF staff has solicited and GHD has submitted a proposal (Amendment 1) extending the term of the agreement to 7/31/15 and providing for additional services related to final design of HVAC in the influent building, preparation of bid specifications oversight of the bidding process for Capital Project 419J; and Whereas, on August 13, 2014 SJC recommended funding Amendment 1 not to exceed $29,200; therefore Resolved, that the Dryden Town Board approves Amendment 1 to the October 9, 2013 Agreement Among City of Ithaca, Town of Ithaca and Town of Dryden and GHD Consulting Services Inc., not to exceed $29,200 apportioned as follows: Municipality Percentage Project cost City of Ithaca 57.1 $16,584.88 Town of Ithaca 40.88 11,936.96 Town of Dryden 1.98 578.16 $29,200.00 2nd Supv Sumner Roll Call Vote Cl Sloan Yes Supv Sumner Yes Cl Leifer Yes TB 8-21-14 D R A F T Page 8 of 15 Cl Lavine Yes The agreement was signed by board members. Bolton point water rate – Board will discuss this next month. Building permit fee schedule – Supv Sumner would like to introduce the fee schedule and set a public hearing. She said there is still a chance they may modify the fee for prebuilt sheds and asked Atty Perkins if the fees could be changed after introduction. He responded that if it is less than advertised it is probably okay, but it would be preferable to not change them once advertised. Supv Sumner said the building permit fee for prebuilt sheds works out to $60 in the proposed schedule and there was a suggestion from some board members that that be reduced to around $40. That is still an open question. Cl Sloan recommended that every place on the fee schedule where the current fee is $25, the new fee will be no more than $40. That would include sheds of all kinds, lean -tos, decks and solar. He wants to keep the historical perspective and not give the residents of the Town of Dryden sticker shock. Going from $25 to $60 would be a 240% increase in the fee and he doesn’t think it is right to require citizens to go through the process and then charge t hem that much more than we did in the past. It sends a wrong message. J Nicholson said solar panels were not included in the past. We only started doing permits for them in the past year. TC3 will be paying about $300 for the building permit for their solar project. In the Town of Lansing it would have cost $18,000. She explained that her department had compared data to determine whether it made more sense to charge fees according to value or size, and they are proposing a scheduled based on square footage. They want this fee schedule to be straightforward and easy to interpret. They have made the categories very clear. She pointed out that sheds are grouped with items that are similar with respect to the number and types of inspections required and the processing of the paperwork. Smaller sheds (under 144 sq ft) that are portable are not charged a fee. If they become permanent structures there will be a fee. Supv Sumner said the goal was to make the fees proportionate to the cost of administering the permit and performing the inspections. We are moving in that direction with this proposal. K Ezell said the last changes in building fees were made in 2007 and were minimal. RESOLUTION #134 (2014) – INTRODUCE BUILDING FEE SCHEDULE AND SCHEDULE PUBLIC HEARING Supv Sumner offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby introduces the following fee schedule and schedules a public hearing on the same for September 18, 2014, at 7:00 p.m. PROPOSED FEE SCHEDULE: SQUARE FOOTAGE DRAFT DATE: 8/8/14 TB 8-21-14 D R A F T Page 9 of 15 Activity or Permit Basic Fee Plus $/SF $/Building Acre Residential New Construction Dwelling, Single Family Home $25 0.15 x Dwelling, Duplex $25 0.30 x Dwelling, Multiple-Family $25 1.00 100.00 Multiple-Family Conversion $50 0.25 50.00 Multiple-Family Condominium/Townhouse $50 1.00 50.00 Manufactured Home (HUD) or Replacement MH $100 0.10 x Modular Home (DOS) $300 0.05 x Accessory Dwelling Unit $25 0.20 x Addition, Alteration, Renovation $25 0.20 x Commercial New Construction & Light Industrial Commercial New Construction $25 0.30 x Renovations causing a change in occupancy 300 or per sf* 0.15 x Renovations not causing a change in occupancy $200 0.15 x Additions $200 0.15 x Ag-related Business $25 0.30 x Accessory Structures Portable Shed up to 144 sqft x x x Workshop/Storage Building / Shed (Permanent)/ Garage / Recreational Cabin** $25 0.15 x Deck / Unheated Porch $50 x x Pool $50 x x Solar Array less than or equal to 1/2 acre $60 x x Solar Array > 1/2 acre $100 x 20.00 Fire and Safety Inspection $25 * Whichever amount is higher ** Recreational Cabin not a year-round dwelling unit 2nd Cl Leifer TB 8-21-14 D R A F T Page 10 of 15 Roll Call Vote Cl Sloan Yes Supv Sumner Yes Cl Leifer Yes Cl Lavine Yes Supv Sumner has a list of outdated computer equipment and asked the board for authorization to dispose of it. She added that the drives will be removed from any computers and shredded. Some of the equipment may be advertised for sale or may simply be sent to the recycle center. RESOLUTION #135 (2014) – DISPOSE OF OUTDATED EQUIPMENT Supv Sumner offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the disposition of the following outdated equipment by listing it for sale, delivering it to the recycle center, or otherwise disposing of it: Unused/Outdated Equipment: laptop Nexlink SN2CE1070FTK laptop *Apple Macbook W8030979AGU laptop *Apple Macbook Pro W881433ZYJZ/A1260 laptop Nexlink WBVDD-G3HGH-3HH84-K4RYG-7PD3M laptop Nexlink EL81 M24QV-6WT2Q-VKXWY-J9P93-TPW7M laptop Nexlink VQV96-MJRWV-K63GD-T9W2R-B4MWJ laptop Dell KFMYB=8DRVX-CQYJP-2FFJY-B9TCQ laptop Nexlink GG3Q7-VVRQR-7V2KG-PDYC2-B9YRJ desktop Nexlink HDWM3-64M28-GKG3V-QKCD6-DV4WQ desktop Nexlink 290216 desktop LG DJPGC-PQHCP-98V6X-GG3MY-V94MM desktop Nexlink 152002 desktop Nexlink pro08575 31790 desktop LG Nexlink BQSR41808317 desktop *Nexlink 36409 desktop LG-Black W683H-447HC-V3W3V-Q4FK9-QYDHJ desktop LG 52xmax KVX8H-8C9KK-XQPK2-W843R-322BJ desktop LG 52xmax XJWVR-H2FHB-36FQ8-JHB3C-THJMM desktop LG 52xmax T3V3Q-QJHCV-976XM-CR8YX-HYV63 desktop LG 52xmax TCHX6-QD3RY-VKPDB-XYBTG-MGC9B desktop Nexlink LG TT4T6-FBV8R-JX6DP-BVQVQ-FRPP tower Nexlink 586342 TB 8-21-14 D R A F T Page 11 of 15 tower Nexlink 95780 tower Nexlink LG QG363-XH8MK-3K3MK-46JXY-GXX9Y tower Nexlink 094626 monitor Acer AL1914 ETL230221354800E0BED41 monitor Acer AL1912 ETL230203342200049ED01 monitor Acer AL512 ET512050037308TD000265 monitor Acer AL1916 ETL4908370729069B04237 printer HP CNBJ240923 printer HP CNBJK43179 printer OKI B4600 N22106401 printer HP Laserjet P1006 VND4B00802 printer OKI B4400 N22105A 01 printer HP C8187A printer HP SG64A1617H laminator Fellowes PB2650E 2nd Cl Sloan Roll Call Vote Cl Sloan Yes Supv Sumner Yes Cl Leifer Yes Cl Lavine Yes Supv Sumner said she had been approached by members of the Planning Board regarding the continuing education requirements for the various boards and the possibility of allowing recent activities to satisfy a portion of those requirements. She suggested the board authorize an hour of training for the discussion with Atty Perkins at a recent meeting and 1.5 hours for attendance at the presentation by Dr Somers of NYS Ag and Markets. RESOLUTION #136 (2014) – AUTHORIZE CONTINUING EDUCATION POINTS Supv Sumner offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes continuing education credits for volunteer board members as follows: 1 hour for attendance at Atty Perkins’ presentation at the Planning Board meeting; and 1.5 hours for attendance at the program by Dr. Somers of NYS Ag and Markets. 2nd Cl Leifer Roll Call Vote Cl Sloan Yes Supv Sumner Yes Cl Leifer Yes Cl Lavine Yes TB 8-21-14 D R A F T Page 12 of 15 Jennifer Jones, Recreation Director, has requested a payment outside the abstract. Supv Sumner reminded the board that they had authorized a budget mod for the Recreation Department so that they could purchase a trailer for transporting and storing their equipment. J Jones located the ideal trailer and paid for it from her own funds. Supv Sumner would like to reimburse her prior to the next abstract meeting. RESOLUTION #137 (2014) – AUTHORIZE PAYMENT OUTSIDE THE ABSTRACT Supv Sumner offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes payment outside the abstract to Jennifer Jones in the amount of $2,500.00 2nd Cl Sloan Roll Call Vote Cl Sloan Yes Supv Sumner Yes Cl Leifer Yes Cl Lavine Yes Supv Sumner said the volunteer advisory board system is very working well since we got serious about recruitment and communication among boards. The new system of liaisons between boards has been very effective in helping them understand each other. The Conservation Board has passed two resolutions advising the Town Board and the Ag Advisory Committee has also made one. From the Conservation Board in June: “In the absence of established guidelines, the Conservation Board will develop candidate guidelines for the management of the Town’s trails. The guidelines will define issues such as the width of the trail that is mowed and the preservation of natural and/or rare flora and fauna. Further the Conservation Board will work with the Dryden Recreation and Youth Commission to create guidelines that will eventually be incorporated into the Town’s Comprehensive Plan.” From the Conservation Board in July: “The Dryden Conservation Board advises the concerned parties to maintain the bridge across Fall Creek on West Malloryville Road in its current single-lane form. They further recommend the bridge on Red Mill Road be replaced with a two-lane structure, and the historical bridge there be preserved and moved to another location to be used as a pedestrian bridge.” Mike Lane said the Red Mill Road bridge is still on the radar to reopen. There are some on the county legislature who don’t think rural bridges need to be rebuilt. He suggested that the Town Board send a resolution stating its preferences to the County Legislature. The board will consider this at a future meeting. Supv Sumner said it is not necessary for the board to take action on these resolutions. They have been sent in an advisory capacity. Cl Lavine said she believes the board should follow the suggestion on trail maintenance. The board deferred discussion to the next agenda meeting. With respect to the Red Mill Road bridge, Supv Sumner said one of the reasons that we are advocating for replacement of the bridge is that since its closure, Beck Farms has had to use the Malloryville Road bridge which has led to its deterioration and also adds a number of miles to their farm-related trips. This uses more fuel and increases co2 emissions. Supv Sumner said a lot of the work has already been done, but if the County Legislature agreed to replace the bridge, it would probably take three years. Becks will update TB 8-21-14 D R A F T Page 13 of 15 their estimate for the increased expenses incurred because of its closure and the longer trips they must make. The Ag Committee at its May meeting passed the following resolution: The Dryden Agricultural Advisory Committee has determined that they are unable to accurately determine a definition of “Open Space” without knowing the context in which the term will be used. They therefore request additional information regarding the goal or reason for the Town Board’s charge to define Open Space as given to the Conservation Board. Supv Sumner said the reason for open space planning and the definition of open space has been a bit unclear for all boards. She will try to draft something for discussion next month. Supv Sumner said she applauds all the boards for their work and formal communications with Town Board. She gives credit to the advisory boards and to Erin Bieber, the clerk who works with those boards. German Cross Road – Supv Sumner said discussion of this is not a topic for executive session because there is no law suit. She added that Atty Perkins represented the Coddington Road residents in the suit against the County, so we know that he is competent in this area. Cl Lavine asked whether this work is maintenance or an improvement. She asked how this relates to the Coddington Road issue. Cl Sloan is concerned about liability now that there are huge ditches that didn’t exist before. Atty Perkins said he isn’t sure how the Coddington Road issue folds into this. Like most rural roads in upstate New York, town highways in large part are highways by use. Over a period of time and maintenance and improvement and travel, the public has an easement across property of other folks. Most of the deeds in the rural areas of upstate New York go to the centerline of road. You are not taxed to the centerline of the road; you are taxed short of that. Anyone who suggests they are paying taxes on the road is uninformed. The p ublic easement is as wide as the road is and has been used by public. That includes maintenance that has been done on the road, signage, snowplowing, ditches, shoulders, and so forth. It is not limited to just the paved portion or stoned and oiled portion. The Highway Superintendent has a statutory and a common law duty to make the roads safe for traveling public, which includes and authorizes him to remove obstructions from the road, including branches and trees and so forth. Maintenance of ditches, or the kind of work that I believe has been done over there, is not a major reconstruction project. There are cases on this and a major reconstruction project would involve extensive design work, extensive widening and underground drainage and repaving and rebuilding the road by tearing it up and fixing the bed of the road including drainage and so forth. It usually involves extensive plans and extensive planning. In those cases, when you go to that extent, you are required to design and rebuild to the modern safety standards. You are not so required for simple maintenance including ditch cleaning, shoulder work, and repaving and guiderails and so forth. Cl Sloan said it would be helpful to clarify what happened here. Previously there was a one-foot cut for a ditch. There is now a four-foot deep ditch about four feet across where it didn’t previously exist. It is true that they did not plan this out in advance as near as he can tell, but that does not mean that they should have or should not have. He thinks the residents are under the impression that this qualifies as an improvement in the sense that there is this deep, deep ditch and new culverts where they didn’t exist before. He said if he understands it correctly, they’re going to have to pay to fill the ditch back in. TB 8-21-14 D R A F T Page 14 of 15 Cl Lavine asked if this is a gray area that falls between maintenance and improvement. Atty Perkins said he doesn’t think it is. To the extent that the Town has used land beyond the traditional ditch line, it has an obligation to compensate the landowner. The preferred method is to talk to the owner, to get an easement if there is a question about it, to get a survey if you have to. Certainly the preferred public relations method is to go and speak to the owners and explain what they are going to do and perhaps stake it out. Cl Lavine asked if this was all under the guideline of public safety, if in order to keep the roads clear and safe you need to do that to the ditches. Atty Perkins said ditches perform several functions. They carry water off the road, they carry water from upstream areas, they allow a place for vehicles that go off the road to end up. If you have a 4’ ditch you have a bigger problem than if you have a 1’ ditch. But if you have a 4’ ditch you aren’t likely to have a car end up in your house. To the extent that the work goes beyond the traditional ditch line, they would need permission. That could take several forms. You can obtain the consent of owner or appropriate the property. Supv Sumner recommended that board members read the decision in the Seeley vs. Bush matter. She found it very helpful. The board will continue to talk about this. Cl Sloan said he sympathizes with the people on German Cross Road. First they had the trucks, then their road gets trashed, and now from their perspective their property has been trespassed on and damaged. Cl Lavine said it is not clear that the Town is using best practices in the ditching, and that arguably we are making the flooding worse rather than better in terms of runoff. Cl Sloan said he wished the Highway Superintendent was pr esent to explain the thinking. He understands from the Superintendent in Caroline that when doing road maintenance, if you bring the road into state code, you can get reimbursement for the state for work that you’ve done. The Caroline Superintendent thinks perhaps they were actually attempting to bring things up to code so that they would qualify for the reimbursements. Supv Sumner said that the CHIPS money that we’re eligible for is much less than the work we do. If this particular project didn’t qualify for CHIPS funding, we have plenty of other projects that would. Cl Leifer said he has sent a message to the Highway Superintendent asking to meet with him next week. With respect to the 284 agreement, the only space where German Cross Road is mentioned is for paving. The road maintenance section that includes culvert work does not specifically mention any roads. He supposes the board would only know that if the Highway Superintendent told them where he intends to do this kind of work. Cl Lavine suggested that the Highway Department could put something on the website about what type of work is planned for where and when. People would then be forewarned. Cl Sloan said it should be up to the Highway Department to communicate that information. This may be a good learning experience. Cl Leifer said the next 284 Agreement will be more specific. Supv Sumner said the 284 serves a very specific function and in view of the Comptroller’s report about capital planning in the Highway Department that might be another path to take for next year’s planning purposes. Roads are a capital investment. The Highway Department can’t spend funds on a capital project without authorization via the 284 Agreement. Some board members would like more detail in the 284 Agreement. Supv Sumner said the 284 has a specific purpose, but the board TB 8-21-14 D R A F T Page 15 of 15 could ask for more detail in a different agreement and we should engage the Highway Superintendent in this kind of discussion. Cl Lavine said a lot of people were upset about other roads with respect to practices that were not good for water runoff and ditching, aside from being ugly and hurting trees that could have been left untouched and now will probably die. There being no further business, on motion made, seconded and unanimously carried, the meeting was adjourned at 9:10 p.m. Respectfully submitted, Bambi L. Avery Town Clerk