Minutes of December 11, 2002

TOWN OF DRYDEN

TOWN BOARD MEETING
December 11, 2002

Board Members Present: Supv Mark Varvayanis, Cl Charles Hatfield, Cl Stephen Stelick, Jr., Cl Christopher Michaels

Absent: Cl Deborah Grantham

Other Elected Officials: Bambi L. Hollenbeck, Town Clerk

Jack Bush, Highway Superintendent

Other Town Staff: Mahlon R. Perkins, Town Attorney

Henry Slater, Zoning Officer

David Putnam (TG Millers), Town Engineer

Supv Varvayanis opened the meeting at 7:10 p.m. and led board members and audience in the pledge of allegiance.

RESOLUTION #226 – APPROVE ABSTRACT #112

Cl Michaels offered the following resolution and asked for its adoption:

RESOLVED, that this Town Board hereby approves Abstract #112, as audited, vouchers #978 through #1052, totaling $502,903.43.

2nd Cl Stelick

Roll Call Vote Cl Hatfield Yes

Cl Stelick Yes

Supv Varvayanis Yes

Cl Michaels Yes

CITIZENS PRIVILEGE

Terri Allen of Dryden Ambulance, Inc. provided the Board with their monthly report. The adjusted deposits for the month of November were $21,931.48. Year to date total is $215,741.81. They answered a total of 92 calls in November. Future reports will include the street and block number responded to (ie 800 block of Midline Road).

COUNTY BRIEFING

None.

COUNCIL PRIVILEGE

None.

HIGHWAY DEPARTMENT

The Tompkins County Public Works Committee held a meeting on December 5, 2002, regarding the Red Mill Road bridge that was attended by the Highway Superintendent, Cl Hatfield, Supv Varvayanis and members of the County Board. It became apparent at the meeting that Option D2 seemed to be the only option that would provide state and federal funding assistance. There is a question about who will maintain the old bridge should it remain. J Bush said the board should decide whether that is a concern and whether they want to make a motion to support the D2 option to move the process forward. Supv Varvayanis said that it would probably not be possible to move the old bridge to a walking trail. Dave Putnam said it seems foolish to maintain a bridge that goes no place (if it was left in place) and there is great expense in removing or covering the lead paint and keeping paint chips from falling into the trout stream. He suggested before the Town committed to maintaining the old bridge that the cost be more closely investigated. There may be additional funding available in February and the board considered waiting until then to make a decision. Cl Michaels said it seemed the board could choose any of the options, so long as it was D2. Cl Hatfield said that was basically what they had been told, and that it might be years before any plan was approved, and the old bridge would have to be taken care of in order to get federal funding. The County would like the board to pass a resolution tonight.

Cl Michaels asked what the Town’s portion of the expense involved would be. J Bush said that if the Town went with the D2 option the County would request more money from the T21 funds. Originally the Town’s share of expense was estimated at approximately $9,000, but could be as much as $59,750 (that figure may include $50,000 for road work). The cost of maintenance of the old bridge to the Town should also be considered.

Cl Michaels stated the board had no objection to the bridge going in the location identified, no objection to allowing the existing bridge to fall into the stream, or maintain it, pending costs to the town. He is uncomfortable with committing funds without knowing a firm figure.

RESOLUTION #227 – RED MILL BRIDGE

Cl Michaels offered the following resolution and asked for its adoption:

WHEREAS, it has been determined that Red Mill Road Bridge over Fall Creek in the Town of Dryden is in need of repair or replacement, and

WHEREAS, the Town of Dryden has met and/or consulted with representatives of Tompkins County Public Works, Tompkins County Board of Representatives, New York State Department of Transportation, and New York State Office of Historic Preservation, and examined the options for repair or replacement, now therefore, be it

RESOLVED, that the Town Board of Town of Dryden would like to go on record as being in favor of Option D2, pending funding.

2nd Cl Stelick

Roll Call Vote Cl Hatfield Yes

Cl Stelick Yes

Supv Varvayanis Yes

Cl Michaels Yes

Cl Hatfield asked Mike Lane if he knew what the time limit for funds was. He said he didn’t think there was a date when the funds run out, but there was a chance the money could be used for other projects. Last Fall the some County projects got pushed back because of reductions at the State DOT. He stated no one likes the predicament that the State Office of Historic Preservation and Department of Interior seem to be putting us under. He thinks the bridge could be reused in a very effective way some where else and he is troubled to hear that the only way they say there is no adverse impact on the historic structure is to leave it in place. This puts the County and Town in an awkward position of who will maintain the old bridge after a new one is built. He stated there could be appeal, which could set the process back from ten months to a few years.

ATTORNEY

Atty Perkins said the ambulance contract matter still needed to be settled. Cl Michaels said what they had been discussing over the last week was a proposal for Dryden Ambulance to provide service, they would keep all the revenue, and the Town’s fiscal responsibility would be a set annual amount, but that amount had not been agreed upon, but he thought it would be $250,000. Atty Perkins said they would like the funds to be paid the same as the fire departments: half in February, and half in three equal payments to be made quarterly. He said there is an issue in that they want the language regarding complying with the Freedom of Information Law and Open Meetings Law stricken from the contract. It was in the agreement last year. Cl Michaels asked if it needed to be included if they are subject to it. Atty Perkins said they really are an agent of either the Village or the Town. He said the fire department is clearly an agent of the Village and subject to the Open Meetings Law and the ambulance company is clearly an agent of the Town in this instance since the Town of Dryden Ambulance District contracts with them and no one else for that service and it is a governmental function that they are providing. The current state of the opinions from the Committee on Open Government is that they are subject to both. Atty Perkins is not certain why they do not want to comply.

Atty Perkins asked who would set the rates for service and the billing policies. Teri Allen said they had no objection to the Town doing that. Atty Perkins has made it clear that the reports from the ambulance service are important and the board would like to get them timely and in usable format, and the board is not concerned about the names of patients. The Committee on Open Government says there is no expectation of privacy when you call for an ambulance or the fire department, but Atty Perkins recommends that the board accept a block number of a road instead of an actual address. Cl Michaels said he has been very happy with the reports received from Dryden Ambulance each month and would be happy if they continue, adding the block address.

Atty Perkins asked if the board would like the provisions about open meetings and freedom of information left in the contract, noting that it is in all the fire contracts. Whether it is in the contract or not won’t change whether they are subject to it as a matter of law, but if it is in the contract it is absolutely clear because they have agreed to comply with it. Cl Michaels asked whether there was any potential liability to the Town if they didn’t comply and were contracted with the Town. Atty Perkins said he wasn’t sure other than being named in a declaratory judgment action as a respondent. After further discussion it was decided to leave the clause in the contract.

RESOLUTION #228 – AUTHORIZE AMBULANCE CONTRACT

Cl Michaels offered the following resolution and asked for its adoption:

RESOLVED, that this Town Board does hereby authorize the Supervisor to sign a contract with Dryden Ambulance, Inc., providing for payment of $250,000 per year, payment to be made one half in February and the balance in quarterly payments, for a term of two years, together with other standard terms of contract, subject to approval of the Town Attorney.

2nd Cl Stelick

Roll Call Vote Cl Hatfield Yes

Cl Stelick Yes

Supv Varvayanis Yes

Cl Michaels Yes

Teri Allen asked if the Town still wanted reports on what was billed and what was collected and the board said they did and the report from Multi-Med would be fine. Cl Michaels said he was pleased with the reports they were receiving now.

T Allen said Dana Abbey had asked when they would receive the fire contracts. Supv Varvayanis said they had been signed and mailed out.

Cl Michaels asked what information had been received about the $6,000 Varna had been receiving. Supv Varvayanis said it was the $6,000 that had been in the contract for years and had been removed, as had the $10,000 that Neptune previously received. They had been receiving it without the 2% increase for a number of years. Supv Varvayanis said he had talked with Chris Easton about it and he had thought it was to stop when the new fire station was built.

COUNTY BRIEFING

M Lane asked whether the Board had any comments on the proposed pesticide notification law that was coming before the County Board. They have had a few public hearings on the matter and are being asked to consider a law that would require notification to adjoining property owners when a pesticide is to be sprayed on a residential property by a commercial applicator. If a property owner wanted to do that they would have to put out flags the way a commercial applicator does not. This does not apply to granulized pesticides, only sprayed pesticides. The County Board has been lobbied heavily by both sides on the issue. He believes the legislation is very poor and a good example the State passing responsibility on to the Counties. The Counties will be responsible for costs of enforcement. The State exempted most major users of pesticides, such as farming operations. The County Health Department is presently under a lot of pressure and will have a difficult time enforcing this. There are members of the public who say they deserve notice so they have an opportunity to avoid areas being sprayed and becoming sick from it. He said he is undecided on the matter. The State has made it clear that the Counties can adopt its law or not, but cannot make any changes to the proposed law. He has concerns about liability issues.

Cl Hatfield asked how the County would fund and enforce the law. M Lane said they have been informed that Counties that have adopted it have not experienced heavy associated costs. It has been adopted by five counties thus far. Cl Hatfield noted that the USDA had approved the pesticides. Supv Varvayanis noted that a letter to neighbors stating an intention to spray was not that expensive. After discussion by the Board, Cl Michaels noted that there did not seem to be a lot of support on the board for the proposed law.

DISCUSSION

Cl Hatfield asked about a letter received from a Yellow Barn resident regarding the work done by Tompkins County Soil and Water. Supv Varvayanis said the engineer had signed off on the work done and he had walked the stream, noting that it didn’t look much like he remembered the design, but since the engineer had signed off saying the work met the specifications, he wasn’t sure what the Town could do. The contract was administered by Tompkins County Soil & Water and they are happy with the work done. The board decided to take no action.

TOWN CLERK

B Hollenbeck asked the board to approve minutes so they could be added to the minute book.

RESOLUTION #229 – APPROVE MINUTES

Cl Hatfield offered the following resolution and asked for its adoption:

RESOLVED, that this Town Board does hereby approve the minutes, as amended, for the following dates: May 1, 2002, May 8, 2002, May 10, 2002, June 5, 2002, June 12, 2002, July 10, 2002, August 7, 2002, August 14, 2002, August 21, 2002, September 4, 2002, September 11, 2002, October 2, 2002, and October 9, 2002.

2nd Cl Stelick

Roll Call Vote Cl Hatfield Yes

Cl Stelick Yes

Supv Varvayanis abstain

Cl Michaels Yes

B Hollenbeck has previously sent the Board a memo regarding recent developments with the Tompkins County SPCA. After discussion it was decided that the Town Clerk would write the tickets for unlicensed dogs and ask the SPCA officers to serve them, eliminating the SPCA sending reminder notices. This will provide a more accurate system and give the officers more time to deal with other dog issues.

She noted that the Clerks had been advised by Nathan Winograd that the SPCA will no longer deal with cats or take owner surrendered pets after the first of the year. They also will be unable to investigate cruelty cases because of reductions in funding by Tompkins County. M Lane noted that the SPCA had no notice of a second reduction in their funding, and he had voted against it because of rabies and the problems with feral cats. The budget reduction was a total of $24,000 and the cat contract with the County was about $20,000. The town contract does not provide for cat control, only dog control.

ENGINEER

No report.

ZONING OFFICER

ZO Slater noted that the board had his monthly report. There is a public hearing scheduled for January 8, 2003, for Laura Hathaway who would like to move her income tax preparation business to her home.

DISCUSSION

Supv Varvayanis explained that members of the Varna fire department would like a resolution from the board and read a draft resolution. After discussion by the board, the following resolution was passed.

RESOLUTION #230 – MEET WITH FIRE DEPARTMENTS

Cl Michaels offered the following resolution and asked for its adoption:

WHEREAS, the fire department payments have been raised 2% per year for several years, and

WHEREAS, the 2% figure does not reflect changing demographics, costs or needs, and

WHEREAS, there is an apparent need for improved communications, be it therefore

RESOLVED, that the Dryden Town Board would like to hold regular meetings with the board, chairs, treasurers and chiefs of all departments in order to establish a long range plan to insure that the fire departments in the Town are equitably supported and will remain viable.

2nd Cl Stelick

Roll Call Vote Cl Hatfield Yes

Cl Stelick Yes

Supv Varvayanis Yes

Cl Michaels Yes

Cl Michaels stated that he and Cl Stelick had already volunteered to do that and would like to start in February, and prior to that time they should come up with a list of items to discuss. Supv Varvayanis would like to contact the fire departments and arrange for a tour of each department for the board. Atty Perkins said there is split opinion on whether that would constitute a board meeting, and his opinion is that if the board does not intend to take any action but are merely there to observe then he doesn’t think it is a meeting. If, however, the board will be talking about Town business and making decisions, then it is a meeting and has to be advertised. Supv Varvayanis asked whether there would be any objection if a citizen also asked to be present. Ron Flynn and Cl Michaels said that it might be beneficial if some citizens were present.

Ron Flynn noted that was a good idea and informed the board that effective January 1, 2003, he would be the new Chief of Dryden Fire and Ambulance.

Board reviewed the budget transfers and passed the following resolution.

RESOLUTION #231 – BUDGET ADJUSTMENTS

Cl Michaels offered the following resolution and asked for its adoption:

RESOLVED, that this Town Board does hereby authorize the following transfers:

- $30,000 from A1990.4 (Contingency) to: A1010.4 (Town Board contractual) $350.00; A1110.4 (Justice Contractual) $650.00; A8745.401 (Lake Rd Project) $13,000; A8745.402 (Yellow Barn project) $5,000; A1420.4 (Legal contractual) $5,300; A7310.101 (Youth employment) $3,700; A5010.104 (Hwy Clerk vac/hol/sick) $2,000.

- $1,000 from B1990.4 (Contingency) to: B8010.SP.400 (Special Permit Contractual).

- $21,160 from unexpended fund balance to SF1-9040.8 (Fire Workers Comp).

- $100 from SM9040.8 (Ambulance Workers Comp) to SM9010.8 (Ambulance retirement).

2nd Cl Stelick

Roll Call Vote Cl Hatfield Yes

Cl Stelick Yes

Supv Varvayanis Yes

Cl Michaels Yes

Mary Ellen Bossock has resigned from the County Youth Board. The County has someone they believe is interested and will be in touch with Town regarding filling the vacancy.

On motion made, seconded and unanimously carried the board adjourned to executive session to discuss a matter of current litigation. No action was taken and the meeting was adjourned at 9:15 p.m.

Respectfully submitted,

Bambi L. Hollenbeck

Town Clerk