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HomeMy WebLinkAbout2015-07-16TB 7-16-15 Page 1 of 12 TOWN OF DRYDEN TOWN BOARD MEETING July 16, 2015 Present: Supervisor Mary Ann Sumner, Cl Gregory Sloan, Cl Joseph Solomon, Cl Jason Leifer, Cl Linda Lavine Elected Officials: Bambi L. Avery, Town Clerk Other Town Staff: Ray Burger, Director of Planning Jennifer Jones, Director of Recreation Supv Sumner opened the meeting at 7:10 p.m. Board members and guests participated in the pledge of allegiance. The public hearing that had been scheduled will not be held. CITIZENS PRIVILEGE David Weinstein read the attached statement asking the board to consider an ordinance to regulate dumping of fill on property. Cl Sloan said that the board has heard of similar concerns in other areas and once the town attorney position has been filled the town should move forward with this. Supv Sumner said the board needs to define the problem they want an ordinance to address. The Planning Board has discussed this in the past and not moved the matter forward. DRYDEN LAKE FESTIVAL will be held Saturday, July 25. Supv Sumner said it is a wonderful event with music, food and activities and recommends people visit. There is a Rotary Dash (5K and 10K) prior to the festival. TOWN CLERK RESOLUTION #106 (2015) – APPROVE MINUTES Supv Sumner offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the meeting minutes of June 11, and June 18, 2015. 2nd Cl Leifer Roll Call Vote Cl Sloan Yes Cl Solomon Yes Supv Sumner Yes Cl Leifer Yes Cl Lavine Yes Town Clerk B Avery reported that she has just completed her sixth year at Cornell’s Municipal Clerk Institute operated in conjunction with International Institute of Municipal Clerks. She has completed the requirements for certification as a Master Municipal Clerk and will be submitting the application as soon as she receives the transcript. TB 7-16-15 Page 2 of 12 HIGHWAY DEPARTMENT/DPW Highway Superintendent Rick Young reported they have been getting roads ready for paving and doing emergency repairs because of the amount of rain we’ve had. All the meters have been installed in the Yellow Barn Water District. They have two operators on board and will be ready to take over after the closing. Bridges on the Schug Trail have been stained and they have replaced some of the fencing in the parks. Cl Lavine said she had been told that in June the grass got cut in the meadow by the lake and that was supposed to happen in August because of the nesting birds. She was told it was trimmed in an effort to be ready for the Dryden Lake Festival. R Young said they were not aware that the meadow wasn’t to be cut until August, but now that they are they will take care of it in the future. It’s important to work around the nesting schedules. Cl Sloan suggested that information be obtained from the DEC Website and the Conservation Board and that some policies and procedures could be put in place. R Young would like the board to authorize: o The use of the $69,000 from the sale of truck #9 toward a new truck cab and chassis. Adding that to the budget will give them enough money to make the purchase. They would like to have the new truck prior to the onset of winter. Supv Sumner said there used to be a replacement schedule and procedure for budgeting for purchase and sale of equipment, with any excess funds being transferred to the equipment reserve fund that was established. She would like to see all the numbers in one place. o The purchase of a self-powered spreader unit. o The purchase of two trailers – one for DPW and one for highway. He will have more information at the next meeting. Cl Lavine asked whether the town had adequate access to a hydroseeder and R Young responded that we do not own one, but are able to use the one the County has. COUNTY BRIEFING Mike Lane said the County is troubled by the state sales tax reports for first half of the year. Most counties in our region are down in the 2% range from where they were excepting Seneca County which is up about 3.4%. Lower gas prices at the fuel pump also mean less tax is collected. They are hoping that the cold winter slowed things down in retail and noted that GAP stores have just announced several closings. The administrator’s budget will be put together in August and they try to be con- servative in estimates of revenue. They had been thinking that sales tax will be flat, but it may not and could mean several hundred thousand dollars difference in their budget projections. Supv Sumner asked if anyone in the county had looked into allocation of sales tax from internet sales. M Lane said there is a lot of room for error there. Supv Sumner believes that internet merchants don’t always report it accurately. J Mareane has drafted a report on how much of state expenditures are based on local revenues and how much the state mandates that localities raise on real property tax items. TB 7-16-15 Page 3 of 12 About 15% of state revenues come from localities. The next largest of the 49 states is 4%. Medicaid is a huge part of that in New York. M Lane heard on TV they will start talking about the vote on the constitutional convention coming up in 2017. In his opinion, we need a constitutional convention and to discuss how the state does or doesn’t run. It doesn’t work with an autocrat or with gridlock. We need to find ways to get things done more efficiently. PLANNING DEPARTMENT Ray Burger reported there is a request from the Planning Board that they be assigned to evaluate the infrastructure guidelines and report on any recommended changes to those guidelines. Our telecommunications regulations (a local law) are an example of an infrastructure guideline. Supv Sumner said she did not understand the resolution from the Planning Board and so did not put it on the agenda. The board decided that the Planning Board liaison should go to the next Planning Board meeting for clarification and report at the August agenda meeting. Sketch Plan presentation for 902 Dryden Road Noah Demarest of Stream Collaborative (architects and landscape architects) and Charlie O’Connor of Modern Living Rentals presented a proposed housing project for 902 Dryden Road based on Varna Hamlet design guidelines. They did a sketch plan presentation with the Planning Board and are here to do a sketch plan in preparation for a special use permit application. The project is at the intersection of Dryden Road and Forest Home Drive and will consist of town homes with a mix of 2, 3 and 4 bedrooms as well as utilizing the two homes that currently exist on the property. There are 42 parking spaces. Floor plans for the town homes were displayed. Cl Sloan expressed concern with the driveway on Forest Home Drive being very close to 366 and potential accidents resulting from people turning right onto Forest Home Drive. It was noted that there is a wide shoulder there. Applicant will look at the view sheds there. The parking lot has been modified to allow a fire truck to come in and be able to do a T- turn around and reach all units. The flood plain area will remain meadow and mowing will be limited to the area immediately around the buildings and parking area. They are working with Taitum Engineering for a ground mounted solar installation that will hopefully power entire project. Units utilize air source heat pumps. These will be market rate, middle market units, not targeted just for students, but anyone who likes a nice quality of life. Rents are expected to be $1200 for a 2 bedroom, $1500 for a 3 bedroom and $1800 for 4 bedrooms. There are also amenities for pets, etc. They may be able to develop parking spaces as needed. Stormwater regulations will be met for the parking lot. The basic strategy is to use bio swales along the perimeter. D Weinstein said he appreciates that the intent is to not have much activity at the back of property. There is a unique natural area there and they should keep as far away as possible. The houses on the east side have back doors and there is some concern because they are so close to the property line. N Demarest said the existing hedgerow along the border will be enhanced. There is a common green area between the town homes and the parking lot that could have picnic tables and a grill area to encourage gatherings in that area as opposed to the back of the town homes. TB 7-16-15 Page 4 of 12 There was concern about access to the back of the structures by fire apparatus. N Demarest stated the project meets all requirements with respect to that and that fire hoses will reach the back side of the buildings. The board scheduled a public hearing on the special use permit for August 20 at 7:05 p.m. and will not be waiving full site plan review. They will accept public comments and do the SEQR review. RECREATION DEPARTMENT The board has the report submitted by Jennifer Jones (attached). Supv Sumner commented that the parks & trails inventory is interesting. J Jones can send it electronically so that the board can see the comments in the spreadsheet. DRYC is working on a trail guide to help promote all the trails in Dryden. DRYC – Stephanie Mulinos said the DRYC is entirely new membership. They started with a planning retreat and are trying to be realistically goal oriented. Goals are listed as part of every agenda and they try to make progress across the board at every meeting. One goal is to have a community park and recreational facility. With grant funding Must Have Play did a plan for a community park. No one on the DRYC was part of the process and they have no background or attachment to that particular idea. They also don’t feel the plan is feasible. It is outdated and the price has likely gone up. It’s overwhelming to think about how to approach and tackle a three million dollar project. The group feels there must be something more accessible that can be short term, leading into long term, accomplishments. The DRYC is asking to go back to the drawing board on a community park. Cl Sloan said finances are limited and we have to prioritize. The initial choice might be between expanding the trails and building a facility and playing fields. S Mulinos said they aren’t even there yet, and the two are not mutually exclusive. It’s all part of a bigger picture of what’s available in the town for leisure and recreation. They are not asking for money, but would like permission to investigate other possibilities. This will be a multi-year discussion. The DRYC wants to know that the town board supports their efforts to look at this. There is documentation that supports that the need is everywhere. This group has lots of ideas and connections and momentum and would like to investigate. The Recreation Master Plan is not that outdated and will be a guiding document as will the comprehensive plan. They have a recent needs assessment that was pretty comprehensive and hit major stakeholder groups. Supv Sumner said Dryden is many communities. This won’t solve all the problems and there will be significant discussions. She will draft a directive to be considered at the August meeting. S Mulinos said they will also investigate ideas on funding. UNFINISHED BUSINESS None NEW BUSINESS Cl Leifer presented a series of resolutions that resulted discussions during the recent retirement and new hire process in the court. RESOLUTION #107 (2015) – WITHDRAW COMP TIME EXCEPTION FOR D. GALLAGHER Cl Solomon offered the following resolution and asked for its adoption: TB 7-16-15 Page 5 of 12 WHEREAS, In 2011, a special comp time exception was approved by the Town Board for Deborah Gallagher, and WHEREAS, upon retirement of the other Court Clerk on July 27, 2015, Deborah Gallagher will be receiving an adjustment to her annual wages, and WHEREAS, the Town Board wishes to have all Town employees follow the current comp time policy in the Personnel Manual, be it RESOLVED, that the Town of Dryden hereby withdraws the comp time exception that was put in place for Deborah Gallagher by Resolution #89 (2011). As of July 27, 2015, Deborah Gallagher will follow the comp time policy as written in the personnel manual. Comp time will be calculated on a weekly basis, in compliance with labor laws. As with other non- union Town employees, comp time is credited in lieu of overtime pay. The Department Head must approve any comp time accumulation in advance. Please see Section II, Part 1, Letter B on page 17 of the Personnel Manual for all other comp time policy details. 2nd Supv Sumner Roll Call Vote Cl Sloan Yes Cl Solomon Yes Supv Sumner Yes Cl Leifer Yes Cl Lavine Yes RESOLUTION #108 (2015) – COMP TIME POLICY REVISIT Supv Sumner offered the following resolution and asked for its adoption: WHEREAS, there has recently been some employee confusion and questions about details related to the comp time policy, and WHEREAS, the Town has new employees and Department Heads in place who need clarification, and WHEREAS, the Town Board wishes to review the comp time policy with all Department Heads and employees, be it RESOLVED, that the Town of Dryden Personnel Committee will send a memo to all Department Heads reiterating the importance of following the comp time policy as it is outlined in Section II, Part 1, Letter B on page 17 of the Personnel Manual. Topics of the memo will include: mandatory Department Head approval of comp time prior to its accumulation, discipline for employees and Department Heads who do not follow the policy, the use of accumulated comp time before other paid time off, appropriate reasons for accumulating comp time, and prevention of abuse of the policy. The Personnel Committee will revisit the policy and present to the Board any potential additions needed to clarify the details therein. 2nd Cl Solomon Roll Call Vote Cl Sloan Yes Cl Solomon Yes Supv Sumner Yes Cl Leifer Yes Cl Lavine Yes TB 7-16-15 Page 6 of 12 RESOLUTION #108 (2015) – PETITION NY STATE TO CLASSIFY SENIOR COURT CLERK POSITION AS EXEMPT Supv Sumner offered the following resolution and asked for its adoption: WHEREAS, The Town Board has created a new Senior Court Clerk position, and WHEREAS, the Senior Court Clerk position is currently a competitive position through Civil Service, and WHEREAS, the Town Justices have requested that the job title of Senior Court Clerk be an exempt position, and WHEREAS, the Town must authorize Tompkins County Civil Service to petition the New York State Civil Service Commission in order to change the classification of a position, be it RESOLVED, that the Town of Dryden hereby authorizes the Tompkins County Civil Service Department to petition the New York State Civil Service Commission to change the classification of the Senior Court Clerk position for the Town of Dryden from competitive to exempt. The Town of Dryden Justices will assist in creating a justification for this request, as part of the petition process. 2nd Cl Solomon Roll Call Vote Cl Sloan Yes Cl Solomon Yes Supv Sumner Yes Cl Leifer Yes Cl Lavine Yes RESOLUTION #109 (2015) – REVISE POLICY AND EFFECTIVE DATE FOR BOARD MEMBER CONTRIBUTION TO INSURANCE COSTS Supv Sumner offered the following resolution and asked for its adoption: WHEREAS, The Town Board passed a resolution in 2014 regarding insurance coverage costs for Board Members, and WHEREAS, the resolution was intended to be effective July 1, 2015, and WHEREAS, the details of the resolution need clarification in order for the change to take place, be it RESOLVED, that the Town of Dryden hereby revises resolution #172 (2014) and revises the Town’s policy with respect to the insurance coverage package for Town Board Members. Effective January 1, 2016, the Town will pay 45% of premiums for individual coverage (Health, Dental, Vision, and all other ancillary benefits) for Board Members. Board Members will be responsible for the other 55% of the premium costs. Board Members may choose family coverage by paying 100% of the premium difference between an individual and family policy 2nd Cl Leifer Roll Call Vote Cl Sloan Yes Cl Solomon Abstain Supv Sumner Yes Cl Leifer Yes TB 7-16-15 Page 7 of 12 Cl Lavine Yes RESOLUTION #110 (2015) – PROVISIONALLY APPOINT D. GALLAGHER AS SENIOR COURT CLERK Supv Sumner offered the following resolution and asked for its adoption: WHEREAS, On July 27, 2015, Deb Smiley will be retiring, and WHEREAS, at the request of the Town Justices, the Town Board approved a new Senior Clerk position, and WHEREAS, the Town Justices have requested that Deborah Gallagher be given the Senior Court Clerk title as of July 27, 2015, be it RESOLVED, that the Town of Dryden hereby provisionally appoints Deborah Gallagher to the position of Senior Court Clerk. This position is governed by the rules of Civil Service and currently is a competitive position. Deborah Gallagher will need to follow Civil Service regulations in order to be appointed permanently to the position of Senior Court Clerk. If the Town Board shall decide to petition the New York State Civil Service Commission to change the classification of the position to exempt, Deborah Gallagher will need to follow the appropriate Civil Service procedures to be appointed to an exempt position. 2nd Cl Solomon Roll Call Vote Cl Sloan Yes Cl Solomon Yes Supv Sumner Yes Cl Leifer Yes Cl Lavine Yes RESOLUTION #111 (2015) – AUTHORIZE YBWD CLOSING Cl Solomon offered the following resolution and asked for its adoption: RESOLVED, that the Town Supervisor or Deputy Supervisor is hereby authorized to appear at and sign closing documents for the transfer of assets from the Yellow Barn Water Company to the Yellow Barn Water District. 2nd Supv Sumner Roll Call Vote Cl Sloan Yes Cl Solomon Yes Supv Sumner Yes Cl Leifer Yes Cl Lavine Yes Supv Sumner explained there is a need to approve payment outside the abstract for three things: • To replace a lost check to NYS Recreation & Parks Society in the amount of $150.00 • To Bailey Place Insurance for $61,418.38 for liability insurance (the bill was clipped to other insurance correspondence) • To W2Operator Training Group in the amount of $2200.00 for water operator training for four town employees TB 7-16-15 Page 8 of 12 RESOLUTION #112 (2015) – AUTHORIZE PAYMENTS OUTSIDE ABSTRACT Cl Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the following payments outside the abstract: W2Operator Training Group - $2,200; Bailey Place Insurance - $61,418.38; and NYS Recreation & Parks Society - $150.00. 2nd Cl Solomon Roll Call Vote Cl Sloan Yes Cl Solomon Yes Supv Sumner Yes Cl Leifer Yes Cl Lavine Yes Supv Sumner has two budget mods increasing revenue and a corresponding increase in expenditure for the sale of the truck and the insurance recovery. The board will discuss this at the next abstract and agenda meeting. There are two resolutions the board needs to pass for the most recent IAWWTP project. RESOLUTION #113 (2015) - Influent Building and Dewatering Equipment Project Funding Resolution Supv Sumner offered the following resolution and asked for its adoption: WHEREAS, the Ithaca Area Wastewater Treatment Plant’s Special Joint Committee at its June 10, 2015 regular meeting selected the three lowest qualified bids for General Construction, Electrical and Heating Ventilation and Air Conditioning, for the renovation of the Influent Building, including bar screen replacement, and the installation of new dewatering equipment to complement the existing belt filter press, and WHEREAS, the lowest qualified bid for Contract #15-001 for General Construction submitted by M.A. Bongiovanni, Inc. in the amount of $2,640,000, and WHEREAS, the lowest qualified bid for Contract #15-002 for Electrical Construction submitted by Matco Electrical in the amount of $181,530, and WHEREAS, the lowest qualified bid for Contract #15-003 for Heating Ventilating and Air Conditioning Construction by JW Danforth Co. in the amount of $398,800, and WHEREAS, the cost for these contracts shall be borne by the Town of Dryden, Town of Ithaca and the City of Ithaca based on the percentage of ownership assigned to each municipality. now, therefore be it RESOLVED, That the partners hereby authorizes the Ithaca Area Wastewater Treatment Facility Influent Building and Dewatering Equipment upgrades in the amount not to exceed $3,542,363 which includes the contract values plus a 10% contingency, and be it further RESOLVED, That the Ithaca Area Wastewater Treatment Facility is hereby authorized to negotiate a final contract based on this resolution, and be it further RESOLVED, That the City of Ithaca Mayor, the Town of Ithaca Supervisor and the Town of Dryden Supervisor be authorized to sign the contracts, and be it further TB 7-16-15 Page 9 of 12 RESOLVED, That in accordance with the final contracts to be negotiated between the partners and the three qualified lowest bidders, funding for said project shall be acquired thru the issuance of Serial Bonds based on the following schedule which are to include interest rates as stipulated by the City of Ithaca Controller, and be it Municipality Percentage Project Cost City of Ithaca 57.14 $ 2,024,106.22 Town of Ithaca 40.88 $ 1,448,117.99 Town of Dryden 1.98 $ 3,542,363.00 $ 70,138.79 RESOLVED, That approved funding be directed to Joint Activity Capital Project 419J Influent Building and Dewatering Project in the amount not to exceed $3,542,363, and be it further RESOLVED, That funding for said project is contingent on the approval of the City of Ithaca, Town of Ithaca and the Town of Dryden. 2nd Cl Leifer Roll Call Vote Cl Sloan Yes Cl Solomon Yes Supv Sumner Yes Cl Leifer Yes Cl Lavine Yes RESOLUTION #113 (2015) - Request Funding for Engineering Services Agreement for Amendment No. 2 for construction services during Bar Screen and Biosolids Dewatering Equipment and other miscellaneous improvements to the Influent Building Construction Supv Sumner offered the following resolution and asked for its adoption: WHEREAS, the Ithaca Area Wastewater Treatment Plant is in need of certain Capital Improvements, and WHEREAS, GHD Engineers completed an Engineering Report entitled “Ithaca Area WWTF Influent Building and Dewatering System Improvements Study” as the final project funded by Capital Project 416J, and WHEREAS, in order for the staff to maintain its goals as embodied in its five year capital plan, this agreement provides engineering services for the next set of proposed capital improvements, and WHEREAS, by separate resolution the SJC will recommend the approval of construction contracts, and WHEREAS, the Special Joint Committee (SJC) approved said professional services contract with GHD at its meeting of October 9, 2013 and approved Amendment No. 1 on July 9, 2014 contingent on fund availability and attorney approval of the agreement, and WHEREAS, the funding supplied by this resolution will be placed in accounts for Capital Project 419J, and WHEREAS GHD has submitted a proposal entitled Amendment No. 2 for services to complete the construction, and therefore be it TB 7-16-15 Page 10 of 12 RESOLVED, that the SJC hereby recommends an additional amount not to exceed $108,000 to fund the proposed agreement with GHD Engineers authorizing additional funds from the authorization for CP 419J and be it further RESOLVED, That SJC hereby recommends funding Amendment No. 2 contingent upon action by all wastewater partners committing their percentage of reimbursement shares to the Joint Activity Fund allocated per the Joint Sewer Agreement as follows: Municipality Percentage Project Cost City of Ithaca 57.14 $61,711.20 Town of Ithaca 40.88 44,150.40 Town of Dryden 1.98 $ 108,000.00 2,138.40 2nd Cl Leifer Roll Call Vote Cl Sloan Yes Cl Solomon Yes Supv Sumner Yes Cl Leifer Yes Cl Lavine Yes Board members signed the documents. The Village of Dryden has presented a proposed agreement to again provide code enforcement services to the Village. The terms are the same as last year. RESOLUTION #115 (2015) – AUTHORIZE AGREEMENT WITH VILLAGE OF DRYDEN FOR CODE ENFORCEMENT SERVICES Supv Sumner offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the Town Supervisor to execute an agreement with the Village of Dryden to provide code enforcements at a basic annual cost of $24,000 for the term June 1, 2015 through May 31, 2016. 2nd Cl Leifer Roll Call Vote Cl Sloan Yes Cl Solomon Yes Supv Sumner Yes Cl Leifer Yes Cl Lavine Yes Last week the board discussed a resolution requested by the Director of Planning because he is purchasing a home in the Town of Dryden and wants to avoid any possible conflict of interest. RESOLUTION #116 (2015) – AVOID CONFLICT OF INTEREST Cl Leifer offered the following resolution and asked for its adoption: Whereas Ray Burger is employed by the Town of Dryden as the Director of Planning; TB 7-16-15 Page 11 of 12 Whereas in the course of carrying out his job-related duties he is responsible for reviewing and resolving a variety of issues involving zoning, real estate subdivisions, building permits, site plan reviews, special use permits, and other permit requests as well as supervising staff addressing these questions; Whereas Mr. Burger seeks to follow high ethical standards in his personal and professional dealings; Whereas the Town of Dryden seeks to follow high ethical standards in carrying out its official acts and with respect to its expectations of employee conduct; Whereas Mr. Burger and his wife have entered into a contract to buy real property and reside in Dryden; Whereas in the course of fulfilling said contract and occupying the home there may arise a need in the normal course for the services of the Town of Dryden Planning Department; Be it resolved that in any matter involving Mr. Burger’s purchase or occupancy of real property in Dryden, Mr. Burger would like to abstain from participating in any decision-making or assuming any supervisory role in any Planning Department activity involving said real property; Be it further resolved that should any need arise for the services of the Planning Department, such requests and related questions should be directed to Town of Dryden planning staff, not Mr. Burger. Be it further resolved that said planning staff shall fulfill their normal roles and duties, and any approvals normally delegated to the Director of Planning shall be obtained directly from the Town Supervisor. If staff has any questions regarding any aspect of their work, they shall pose all questions directly to the Town Supervisor. 2nd Supv Sumner Roll Call Vote Cl Sloan Yes Cl Solomon Yes Supv Sumner Yes Cl Leifer Yes Cl Lavine Yes There will be is a training opportunity on September 18 at 11:30 a.m. relative to heated meetings. The cost is $50 and the board has money in its contractual line. Supv Sumner said board members and advisory board chairs should attend if possible. On motion made, seconded and unanimously carried, the board adjourned to executive session to discuss a particular employment contract at 9:10 p.m. and moved back into public session at 9:30 p.m. RESOLUTION #117 (2015) – OFFER CONTRACT FOR ATTORNEY SERVICES Cl Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby agrees to appoint Susan Brock and Mariette Geldenhuys as Town Attorneys for the remainder of 2015 and will initiate fee discussions with them. TB 7-16-15 Page 12 of 12 2nd Cl Lavine Roll Call Vote Cl Sloan Abstain Cl Solomon No Supv Sumner Yes Cl Leifer Yes Cl Lavine Yes There being no further business, on motion made, seconded and unanimously carried, the meeting was adjourned at 9:35 p.m. Respectfully submitted, Bambi L. Avery Town Clerk