Minutes of December 10, 2003

TOWN OF DRYDEN

TOWN BOARD MEETING
December 10, 2003

Present: Supv Mark Varvayanis, Cl Charles Hatfield, Cl Stephen Stelick, Jr., Cl Christopher Michaels, Cl Deborah Grantham

Elected Officials: Bambi L. Hollenbeck, Town Clerk

Jack Bush, Highway Superintendent

Other Town Staff: Kristin Strickland, Deputy Clerk

Henry Slater, Zoning Officer

Mahlon R. Perkins, Town Attorney

Debbie Gross, Environmental Planner

Supv Varvayanis called the meeting to order at 7:05 p.m.

CITIZENS PRIVILEGE

Terri Allen of Dryden Ambulance, Inc. presented the monthly report. There were 96 calls for the month of November, bringing the year to date total to 1,017. $412.47 was collected for 2002 transports ($47,025.14 year to date). $27,903.90 has been collected for 2003 transports ($174,313.52 year to date). For 2003 transports there is an outstanding balance of $13,488.00.

COUNTY BRIEFING

Mike Lane reported the County has passed the budget and hopes that next year’s will not be such a difficult process. He said it was always tough when members of a board are in transition. He said there is nothing more honorable a person can do than serve in local government, whether it is as an elected official, an employee or someone who serves on a board or agency. The time that you serve in local government is appreciated by the electorate. He said he thinks Deb and Mark and Charlie have done a terrific service to the people of the Town of Dryden and beyond, and he wants to thank all three of them and wishes that in the future they will still be involved.

COUNCIL PRIVILEGE

Cl Hatfield, as a board member and resident of the Town, thanked Supv Varvayanis and Cl Grantham for their time and effort put into serving the Town of Dryden. Cl Grantham thanked Cl Hatfield. Cl Stelick thanked Cl Hatfield for his time served and said that he was very helpful when Cl Stelick started as a board member. He said that Cl Grantham’s service to the Town had been outstanding and he appreciates the time they spent together because she taught him a lot. He told Supv Varvayanis he has learned a lot from him, and while they haven’t always agreed on things, he appreciates the time spent together, that he has really been schooled on a couple of things and appreciates the effort and time spent. Supv Varvayanis thanked Cl Grantham and Cl Hatfield for their time spent serving the Town.

Cl Grantham said that the Town of Caroline put some money into their budget for 2004 for contracting for environmental services. They are talking to the County and to the Cayuga Lake Watershed Intermunicipal Organization and are interested in talking to the Town of Dryden about contracting for some of Debbie Gross’s time. This would help the Town’s budget. Cl Grantham said that the projects Caroline has in mind would make sense for D Gross to work on, such as their aquifer study, possible comprehensive plan development, development and implementation of the County All-Hazard Mitigation Plan, and the Phase II Stormwater Planning and Implementation. These things would dovetail which what is already being done in the Town of Dryden. This is something the next board would have to act on, but Cl Grantham would like to take a sense of this board back to Todd Schmitt of Caroline. The board agreed this would be something to investigate.

HIGHWAY DEPARTMENT

Highway Supt Jack Bush told Cl Grantham that there is no doubt in his mind that she is very dedicated and believes in what she is doing and in spite of what some people may have said in the past, he thinks the Highway Superintendent has worked very well with this Town Board and 99% of the time they didn’t have any differences. He appreciates what she has done for the Town and what she has done to help him with what he is trying to do with the Highway Department in moving it forward. J Bush told Supv Varvayanis that in spite of some differences they have had, he thinks the Supervisor has done a good job for the Town of Dryden, that he is fiscally responsible and has tried to do what he thought was right for the town, and that he appreciates the support received. To Cl Hatfield, J Bush said he appreciates the support he has received, and that he is glad that Cl Hatfield will be able to spend more time with his family because he has done his share for the Town and done it well.

The board has received a memo from J Bush describing a defensive driving course he would like highway employees to participate in. The course will be held at the Dryden Village Hall and maximum expense to the Town will be $510.00.

RESOLUTION #168 – APPROVE DEFENSIVE DRIVING COURSE

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

RESOLVED, that this Town Board hereby authorizes the expense of up to $510.00 to cover the cost of highway employees participating in a defensive driving course.

2nd Cl Stelick

Roll Call Vote Cl Hatfield Yes

Cl Stelick Yes

Supv Varvayanis Yes

Cl Michaels Yes

Cl Grantham Yes

With respect to the fly-over to be done for Hunt Hill Road and Genung Road, J Bush said that has been completed and the board needs to decide whether to proceed with the mapping. D Putnam said the board had authorized $6,000 last March for the fly-over and ground control. The fly-over has been completed, ground control will be done shortly and the mapping will be produced after the board has authorized the additional $15,600 to complete the project.

RESOLUTION #169 – AUTHORIZING EXPENSE FOR MAPPING FOR

HUNT HILL AND GENUNG ROADS

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

RESOLVED, that this Town Board hereby approves the expenditure of up to $15,600 to complete the mapping for Hunt Hill and Genung Roads.

2nd Cl Michaels

Roll Call Vote Cl Hatfield Yes

Cl Stelick Yes

Supv Varvayanis Yes

Cl Michaels Yes

Cl Grantham Yes

RECREATION DEPARTMENT

Jennifer Glaab presented the Board with her monthly report. There will be caroling in the Village of Dryden on December 19 and in the Village of Freeville on December 20. This is free and open to the public. Turnout for the orienteering meet on November 16 was low, probably due in part to poor weather. They will try again in a warmer month and will advertise more. In-house basketball will end on Saturday (program had 105 participants) and travel basketball will begin the end of the month. Registrations are currently being accepted for that together with wrestling and volleyball. Indoor soccer will be co-sponsored with the Dryden Soccer Club (grades k-12) and will start in January. There is also an adult soccer program available to residents that runs year round.

J Glaab presented the board with a survey form that has been approved by the Recreation Commission. She would like to distribute this to different groups in the Town and perhaps put it as an insert in The Shopper. It seeks input from the community on what kind of classes and workshops they would like to see provided by the Recreation Department in 2004.

Financial report was distributed to board members. J Glaab said she has worked on the Town’s web site with Kevin Ezell and B Hollenbeck. She hopes to have it up some time in January.

ATTORNEY

Last week the board discussed appropriating a sum of money to prepare a Map, Plan and Report for a new water district and sewer district to be formed off Royal Road. Atty Perkins has provided the board with draft resolutions to appropriate $1,750 for each proposed district. The understanding with TG Millers is that if these resolutions pass and the 30 days go by and no petition for a permissive referendum is filed, that they will first do a feasibility study to determine if there is enough interest to proceed with the full Map, Plan and Report. The costs will not exceed the $1,750 each after the feasibility study is done and there is determined to be enough interest. The procedure is to adopt the resolutions, publish and post a notice of adoption and wait 30 days for it to become effective.

RESOLUTION #170 – RESOLUTION APPROPRIATING FUNDS FOR PREPARATION OF GENERAL MAP, PLAN AND REPORT FOR PROVIDING FACILITIES, IMPROVEMENTS AND SERVICES IN A PROPOSED WATER DISTRICT IN THE TOWN

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

WHEREAS, the Town Board of the Town of Dryden (the “Town”) proposes to establish a water district in the following described portion of the Town: that area which comprises parcels abutting Royal Road, but is not necessarily limited by such parcel boundaries; and

WHEREAS, the Town Board proposes to acquire, construct and install a water supply and distribution system in the proposed water district.

NOW, THEREFORE, BE IT RESOLVED, subject to permissive referendum, that the sum of One Thousand Seven Hundred Fifty Dollars ($1,750.00) is hereby appropriated to pay the cost of preparing a general map, plan and report for providing water system facilities, improvements and services in the above described portion of the Town, and be it

FURTHER, RESOLVED, that T.G. Miller, P.C. Engineers and Surveyors are hereby authorized and directed to prepare such map, plan and report within the limits of the amount appropriated therefor, and upon completion thereof to file the same in the office of the Town Clerk.

This resolution is subject to permissive referendum as provided in Town Law Section 209-b, in the manner provided in Article 7 of the Town Law.

2nd Cl Stelick

Roll Call Vote Cl Hatfield Yes

Cl Stelick Yes

Supv Varvayanis Yes

Cl Michaels Yes

Cl Grantham Yes

RESOLUTION #170 – RESOLUTION APPROPRIATING FUNDS FOR PREPARATION OF GENERAL MAP, PLAN AND REPORT FOR PROVIDING FACILITIES, IMPROVEMENTS AND SERVICES IN A PROPOSED SEWER DISTRICT IN THE TOWN

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

WHEREAS, the Town Board of the Town of Dryden (the “Town”) proposes to establish a sewer district in the following described portion of the Town: that area which comprises parcels abutting Royal Road, but is not necessarily limited by such parcel boundaries; and

WHEREAS, the Town Board proposes to acquire, construct and install a sewer system in the proposed sewer district.

NOW, THEREFORE, BE IT RESOLVED, subject to permissive referendum, that the sum of One Thousand Seven Hundred Fifty Dollars ($1,750.00) is hereby appropriated to pay the cost of preparing a general map, plan and report for providing sewer system facilities, improvements and services in the above described portion of the Town, and be it

FURTHER, RESOLVED, that T.G. Miller, P.C. Engineers and Surveyors are hereby authorized and directed to prepare such map, plan and report within the limits of the amount appropriated therefor, and upon completion thereof to file the same in the office of the Town Clerk.

This resolution is subject to permissive referendum as provided in Town Law Section 209-b, in the manner provided in Article 7 of the Town Law.

2nd Cl Stelick

Roll Call Vote Cl Hatfield Yes

Cl Stelick Yes

Supv Varvayanis Yes

Cl Michaels Yes

Cl Grantham Yes

Atty Perkins said that in November the board had discussed redrafting the proposed local law which would redesignate the Town of Dryden Conservation Advisory Council as a Conservation Board. The discussion was triggered by a request from the CAC that the previously discussed local law be revised to provide for their review and input principally in Type I SEQR actions. Those are actions which are likely to have one or more potential adverse environmental impacts. The proposal has been redrafted and it provides that the referral is discretionary rather than mandatory. This retains to the referring board (ZBA, Planning Board, Site Plan Review Board or Town Board) the discretion on whether particular things will be referred to the Conservation Board. It also expands the class of actions that might be referred to the CAC to include unlisted actions which have the potential for having one or more significant environmental impacts which might require a positive declaration of environmental significance. Atty Perkins said arguments can be made both ways about whether or not the referral should be mandatory. He is recommending that it be done on a discretionary basis that you can determine in each particular instance whether the input of the Conservation Board would be helpful, and allows the board to set the time frame in which a report would have to come back to the board. It seems to give the maximum amount of flexibility to the referring boards.

Cl Grantham said that would mean an applicant would have to come with a complete application to the board that would be hearing it, the board would have to look at it and then say they want to send it to the Conservation Board, so it would be adding steps to the process. Atty Perkins said there is included a paragraph that says developers and/or applicants are strongly encouraged to present their proposals to the Conservation Board for review and comment prior to formally submitting their application. There is no fee to submit proposals to the Conservation Board. Atty Perkins said from an administrative point of view when a potential Type I action or significant project comes to the Zoning Office the applicant will need to be made aware that this is what they should be doing so they can themselves shorten the time frame for the review. Cl Grantham said that would be a review of an application that is not necessarily complete. Atty Perkins said that is correct and there is no intent that any time limit be extended; deciding to review an application to the Conservation Board adds no length of time to review process. If the applicant talks to the Conservation Board early on about the project and outline it in significant enough terms, it will save time in the long run. Cl Grantham said that would make for better project application before it comes for review, but it seems like there should be fixed criteria for which projects go for review by the Conservation Board so it can be a complete application when it goes to the CB. Atty Perkins said there are different actions which have time limits; a complete application needs to be acted on in a specific period of time. Atty Perkins said a determination needs to be made first if the project is subject to SEQR and secondly if it is a Type I action. The reviewing board needs to determine if it is something that needs to be referred.

Cl Grantham said a concern this Fall when the matter was initially discussed was that this could interfere with timelines under zoning and SEQR, and if there could be a list of things that trigger review by the Conservation Board before it comes to the Town Board it would save time. Supv Varvayanis said he thought the concept was that if they were going to receive unofficial review and are working together, by the time there is an official application the Conservation Board is already on top of the matter and can complete its review quickly. Atty Perkins said the concept is to have a better project and that by encouraging them and pointing out to the applicant they will be subject to Conservation Board review, and ask the applicant to do it early and save time and effort in the long run.

Cl Michaels suggested the law could be written to say that if an applicant submits a project for Conservation Board review, the Conservation Board shall submit a written report within a certain number of days so it can be submitted with the application to the review board. Atty Perkins said they would have to specify whether the report pertains to the original project or the project with any revisions made pursuant to suggestions by the CB. Atty Perkins said the simplest way to solve any time frame problem is for the referring board to tell the Conservation Board when they need the report from them, rather than try to build times into the local law.

Debbie Gross said that she had sent the proposed local law to the Conservation Advisory Council members. She has spoken with four of them, and the Chair is out of town. The ones she spoke with seem to be comfortable with it and would like to move forward. They did have some question about whether it should be a discretionary process or specifically mandatory for a SEQR Type I project. Cl Michaels said he would like the input of the CAC with respect to SEQR Type I projects, and he likes the flexibility that Atty Perkins referred to. He is concerned about changes being made and then not reviewed again by the CAC before the project is presented to the board. Cl Grantham said the report on the comments that the CB reviewed can go with the application, and the board can see the reasoning for any changes, and send it back to the CB if necessary. Cl Grantham said one of the problems with the SEQR Type I projects is the twenty day review period and that may not work well with meeting schedules. It was noted that the CAC has said they could amend their meeting schedule as necessary.

Atty Perkins said you are not talking about very many of those projects a year, and the more critical help is where a positive declaration has been made, and the important thing is the referral to the CB of draft environmental impact statements or part threes of environmental assessment forms that would be most helpful. He said the reviewing board would probably not need the help of the CB in making the initial determination. Cl Michaels said he agrees, and the concern he has is with the time frames and he would like to hear from the CAC on adding a time frame to reviews done by them on an advisory basis. Cl Grantham said if the CB had the application a few weeks before their monthly meeting so they had time to review it, they could make their comments the night of their meeting with the applicant.

Cl Michaels and Cl Stelick said they would like to hear from the CAC on the local law as proposed. Cl Michaels said he likes that it is flexible in terms of what is mandatory. He would like to see some more substance to the voluntary review process. Supv Varvayanis said that it seems after a positive declaration by the Town Board there should be a mandatory review by the CB. Cl Grantham said it seems foolish not to take their help; if a body like that doesn’t have real work to do, it will erode away. They are interested in the work and in making a significant and substantive contribution. She would give them serious responsibility. Supv Varvayanis said they need to understand that even if it is a mandatory review, the way the governing board reacts is still its decision. They have no decision-making powers. The board will wait for comment from the CAC.

On motion of Cl Stelick, seconded by Cl Michaels, and unanimously carried, the board adjourned to executive session at 8:10 p.m., to discuss the proposed acquisition of real property (publicity of which could substantially affect the value thereof), and collective bargaining negotiations. Board came back to regular session at 9:15 p.m.

RESOLUTION #172 – HIRE NORTHEAST APPRAISALS

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

RESOLVED, that this Town Board authorizes the Supervisor to hire North East Appraisals to appraise a certain piece of real property, the cost of such appraisal not to exceed $3,000.

2nd Cl Stelick

Roll Call Vote Cl Hatfield Yes

Cl Stelick Yes

Supv Varvayanis Yes

Cl Michaels Yes

Cl Grantham Yes

RESOLUTION #173 – AUTHORIZE UNION CONTRACT

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

RESOLVED, that this Town Board hereby authorizes the Supervisor to sign the collective bargaining agreement proposed by the Teamsters Union with the following modifications: In paragraph 11.41, second line, the words “at least” be deleted; in paragraph 13.1 the proposed addition identified as 13.1 shall be deleted in its entirety. The original language shall be reinserted with the addition of a 13.1 in front of that original language. (13.2 through 13.4 as proposed by the Union will stay in the agreement.) In paragraph 18.1 the following sentence shall be added after the word “shoes” in the third line: “All employees shall be required to wear safety shoes.”

2nd Cl Stelick

Roll Call Vote Cl Hatfield Yes

Cl Stelick Yes

Supv Varvayanis Yes

Cl Michaels Yes

Cl Grantham Yes

RESOLUTION #174 – APPROVE ABSTRACT #112

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

RESOLVED, that this Town Board hereby approves Abstract #112, as audited, vouchers #1027 through 1101, totaling $369,073.35.

2nd Cl Hatfield

Roll Call Vote Cl Hatfield Yes

Cl Stelick Yes

Supv Varvayanis Yes

Cl Michaels Yes

Cl Grantham Yes

Cl Grantham said she will formally resign from the Cayuga Lake Watershed Intermunicipal Organization January first and would like the board to appoint Debbie Gross as its representative. She would like the Town to maintain active membership in that organization because you accrue benefits in terms of getting funding and it is important in the Phase II Stormwater work.

Cl Grantham encouraged the Board to work with the Genessee Finger Lakes Regional Planning Board on a watershed local laws project. They would work with the Town to develop local laws to meet the Phase II Stormwater requirements for sediment and erosion control. The local laws will have to be adopted and there will be no cost to the Town for the assistance provided by this group. They would like some assurance from the Town that is going to participate and adopt the local laws that are developed. They need to work with elected officials to make sure the local laws are useful and appropriate for the Town of Dryden. The project needs to be done by June. The board agrees this is important and would like their assistance, and Cl Grantham will let them know. Debbie Gross will be their main contact initially.

RESOLUTION #175 – APPROVE MINUTES

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

RESOLVED, that this Town Board hereby approves the following minutes as amended: May 7, 2003, June 4, 2003, June 11, 2003, July 2, 2003, July 9, 2003, August 6, 2003, August 13, 2003, September 3, 2003, September 10, 2003, September 17, 2003, September 29, 2003, October 1, 2003, October 8, 2003, November 5, 2003, and November 12, 2003.

2nd Cl Michaels

Roll Call Vote Cl Hatfield Yes

Cl Stelick Yes

Supv Varvayanis Abstained

Cl Michaels Yes

Cl Grantham Yes

Atty Perkins said the County Commissioner of Planning sent to the Chair of the Planning Board a proposed intergovernmental agreement which would exempt certain actions from having to be referred to the County Planning Department under General Municipal Law §239(m) and §239(n). He has looked it over and it probably only applies to one particular thing that the Planning Board might be involved in, because our Planning Board does not deal with variances, site plan review or special permits. He said that with corrections in some of the citations, there is only one thing that applies to the Planning Board. There are similar contracts for the Zoning Board of Appeals and the Town Board, and it should be clear in each agreement what kinds of things each particular board has jurisdiction over. Cl Grantham said she didn’t think it would affect the review process in any significant way, but may cumulatively save the County some work. Atty Perkins said this would not significantly cut down on the referrals to the County because it is such a limited exception list that it will not cut down on their work a great deal. The Supervisor will sign on behalf of the Town Board and the Planning Board and Zoning Board of Appeals will make their own agreements (allowed by statute).

RESOLUTION #176 – AUTHORIZE AGREEMENT WITH TOMPKINS COUNTY PLANNING

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

RESOLVED, that this Town Board hereby authorizes the Town Supervisor to sign an Agreement with Tompkins County Planning regarding §239 reviews for the Town Board, subject to approval by the Town Attorney.

2nd Cl Grantham

Roll Call Vote Cl Hatfield Yes

Cl Stelick Yes

Supv Varvayanis Yes

Cl Michaels Yes

Cl Grantham Yes

Atty Perkins has reviewed a contract presented by the Tompkins County SPCA. It is in large part similar to past contracts with some changes. It expands the hours the shelter will be open (now Monday through Sunday). Formerly the SPCA was required to respond for requests for service between 8:00 a.m. and 5:00 p.m. Monday through Friday and that will now be 9:00 a.m. to 5:00 p.m. Monday through Friday and have added 9:00 a.m. to 4:00 p.m. on Saturday. Emergency coverage will still be 24 hours a day, 7 days a week. The amount of the contract is $17,589.96 for one year, the same amount as last year. The requirement that they submit a voucher monthly was omitted from the contract and if the Town does not have their report the SPCA does not get paid, and Atty Perkins would like that language in the contract. The Board agrees.

RESOLUTION #177 – AUTHORIZE CONTRACT WITH SPCA

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

RESOLVED, that this Town Board hereby approves a one year contract with the Tompkins County SPCA substantially as presented with the additional provision that a monthly voucher must be submitted, and payment may be withheld if the SPCA’s monthly report is not received, and the Town Supervisor is authorized to sign the same, after the contract has been approved by the Town Attorney.

2nd Cl Hatfield

Roll Call Vote Cl Hatfield Yes

Cl Stelick Yes

Supv Varvayanis Yes

Cl Michaels Yes

Cl Grantham Yes

The Board would like to amend the water rate schedule for Bolton Point. Atty Perkins said no public hearing is required and it is an exempt action under SEQR. The Board has received the proposed agreement and reviewed it. Each copy was signed by each board member.

Atty Perkins said the other things he had for the board’s consideration both pertain to the intermunicipal waste water collection project and the diversion of flows from the Village of Cayuga Heights plant to the Ithaca Area Wastewater Treatment Plant. This was an unlisted action, but deemed to have potentially significant environmental impacts and a draft EIS was prepared. The final EIS was prepared and DEC as the lead agency and they have made their findings. Preliminary to approving the Intermunicipal Wastewater Agreement, the board will have to make findings. Copies of suggested findings were distributed last week. A proposed resolution adopting the SEQR findings was distributed and reviewed by the board. These are based on the draft environmental impact statement, written and oral comments received at the public hearings, and the responses to those comments. Whether or the agreement is approved tonight or in the future, the board first has to comply with SEQR. Adopting the findings does not bind the board to a particular course of action with respect to the agreement.

RESOLUTION #178 – ITHACA AREA MUNICIPAL WASTEWATER COLLECTION IMPROVEMENT PROJECT ADOPTION OF SEQRA FINDINGS STATEMENT

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

WHEREAS:

1. This action is the Consideration of Approval of the Statement of Findings for the Ithaca Area Municipal Wastewater Collection Improvement Project (“Project”). This Project involves the construction of new public sewer lines and pump stations in the Town of Lansing; the construction of a new sewer transmission main in the Town of Lansing and Villages of Lansing and Cayuga Heights; the construction of flow diversions to interconnect the service areas for the Village of Cayuga Heights Wastewater Treatment Plant and the Ithaca Area Wastewater Treatment Plant; and an Intermunicipal Wastewater Agreement that coordinates operations between these two Treatment Plants, expands their service areas, and makes their service areas coterminous; and

2. Actions that are currently before the Town Board of the Town of Dryden or are expected to come before the Town Board include:

* approval of the Intermunicipal Wastewater Agreement

* approval of the construction of flow diversions to interconnect the two Treatment Plants’ service areas.

3. This is an Unlisted Action for which the New York State Department of Environmental Conservation has been designated to act as Lead Agency in environmental review; and

4. The Town Board of the Town of Dryden is an Involved Agency with regard to the approvals listed in paragraph 2 above; and

5. The New York State Department of Environmental Conservation, acting as Lead Agency in environmental review for the Project and pursuant to Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617 has: 1) made a positive determination of environmental significance; and 2) overseen the preparation, completion and acceptance of a Draft Environmental Impact Statement and a Final Environmental Impact Statement; and 3) issued its own Findings Statement with regard to said Project; and

6. Pursuant to Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617, the Town Board of the Town of Dryden is required to issue its own Findings Statement with regard to the Project; and

7. The Town Board of the Town of Dryden, at its regular meeting on December 10, 2003, has reviewed a draft Findings Statement, comments received from members of the public regarding the proposed Project and its potential impacts on the environment, and the Draft and Final Environmental Impact Statements.

NOW, THEREFORE, BE IT RESOLVED:

That the Town Board of the Town of Dryden does hereby adopt the attached Findings Statement for the Final Environmental Impact Statement for the proposed Ithaca Area Municipal Wastewater Collection Improvement Project.

2nd Cl Hatfield

Roll Call Vote Cl Hatfield Yes

Cl Stelick Yes

Supv Varvayanis Yes

Cl Michaels Yes

Cl Grantham Yes

Atty Perkins said the other thing he had for the board to consider was the Intermunicipal Wastewater Agreement which has changed as recently as this afternoon. That change was omitting language in paragraph 9 to make it clear that the local share of the capital project shall be allocated among the users of the facility, not necessarily just the owners.

Supv Varvayanis said there was a meeting between the City of Ithaca and the Town of Ithaca last Friday and a bit of a falling out. Supv Varvayanis met with Cathy Valentino, John Barnery, Mary Russell and Dan Walker yesterday and went over some of the changes the Town would like to see and they are not too sure what the City is going to do, but the city is scheduled to vote on December 17. This Town Board is meeting on the 18th with the Village of Dryden, and the Town of Ithaca is also meeting on the 18th. Supv Varvayanis suggested the board not take any action until we know what, if anything, the City does on the 17th. One of the things the City wants to do is put in a penalty clause if payments are late. Supv Varvayanis said that was fine as long it was for payments that were agreed were due, the budget was never approved in 2002 or 2003. He told them he would like to see interest for money that was improperly expended because they have charged the SJS for bond payments for City debt and such in the past (and then refunded the money later). Cl Michaels suggested the board approve the agreement as it stands so that as they are considering it they know they have an agreement in hand, ready to be signed. Atty Perkins pointed out that under §198 of the Town Law this agreement has to be made by the Town Board and the signature parts will have to be revised. The agreement can be approved without authorizing anyone to sign it.

RESOLUTION #179 – APPROVE INTERMUNICIPAL WASTE WATER AGREEMENT

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

RESOLVED, that this Town Board does hereby approve Ithaca Area Wastewater Agreement as amended December 10, 2003, and sent to the Town of Dryden at 3:25 p.m. by Susan Brock.

2nd Cl Stelick

Roll Call Vote Cl Hatfield Yes

Cl Stelick Yes

Supv Varvayanis Yes

Cl Michaels Yes

Cl Grantham Yes

Supv Varvayanis said he would like to pass a resolution raising the rate for water charged by Bolton Point to Town of Dryden customers to $2.95 per thousand gallons. (Bolton Point’s portion is $2.04 per thousand and the Town’s portion is $.91 per thousand.) This would mean a minimum charge of $29.50 for the Town’s residential customers. The last time the rate was increased was in 1996.

RESOLUTION #180 – INCREASE WATER RATE

Supv Varvayanis offered the following resolution and asked for its adoption:

RESOLVED, that this Town Board hereby increases its water rate to $0.91 per thousand gallons, combined with Bolton Point’s rate making a total of 2.95 per thousand gallons, a minimum charge of $29.50 per quarter.

2nd Cl Stelick

Roll Call Vote Cl Hatfield Yes

Cl Stelick Yes

Supv Varvayanis Yes

Cl Michaels Yes

Cl Grantham Yes

ZONING OFFICER

Board members have the monthly report. Kevin Ezell thanked Cl Hatfield, Supv Varvayanis and Cl Grantham for their support through the years and said he hoped to see them still in involved in Town matters.

K Ezell said he would like to get two additional “seats” for the Imate program used in the zoning office so the program can be up and running January 1. They will no longer be using the old data base and there will be access by the two Zoning Officers and the Town Clerk’s Office. There is money in the budget for this and the board agrees it should be done.

COUNTY BRIEFING (cont.)

Martha Robertson said with respect the budget the legislature is assembling lists and ideas for reorganization and concern and relationships between Towns and the County. The Transportation Council is going through a process of reclassification of roads throughout the county and evaluating whether the roads are designated appropriately. Pete Messmer is working with Fernando de’Aragon to come up with suggestions for any changes and a more efficient plan for maintaining roads.

With respect to County funding toward aquifer studies, M Robertson said the matching funding from that County for municipalities that are undergoing the aquifer studies has always been meant to support the municipalities that are planning to use the information from the study in their land use plan. She wants to be sure the new board is aware of that.

M Robertson said she wanted to echo the comments about Deb, Mark & Charlie. She said elections are about differences and what she has seen most the past two years is about how this board has worked together and that was a major reason a lot of things moved forward in the town and as a taxpayer and citizen she thanked them for their service. Supv Varvayanis added his thanks to Martha Robertson.

ENVIRONMENTAL PLANNER

D Gross said she will be reporting to the board monthly to update them on her activities. She mentioned there will be funding coming in from the Tompkins County Health Department and Soil & Water Conservation District for the aquifer study. There is funding available from FLOPA, $5,000 for two years, and the Supervisor will need to sign an agreement.

The first of the public meetings on the comprehensive plan was held on the December 9 and there were over fifty people in attendance. D Gross reported there was a lot of public comment and some concerns about density levels. There have been 200 hits on the comprehensive plan on the web site. Cl Michaels asked for a summary of the comments from the public and D Gross said she is compiling that.

Future reports of the environmental planner will include of summary of current activities, the watershed local laws project, and the steps in the Phase II Stormwater regulations. The first annual report is due in June and the town will need to show the things expected to be done in the Notice of Intent were accomplished. Also included in the monthly report should be progress reports on the master plan and any reviews of applications. D Gross said she had been attending meetings of a county-wide stormwater group, and said that group would be very helpful. Cl Grantham said the stormwater group would not only be helpful, but is basically required under the Phase II regulations and NOI, and no further funding would be available if we didn’t collaborate.

DISCUSSION

With respect to the fire contracts, the departments would like to see a proposed contract before the first of the year. Cl Michaels said the starting point for next year’s contract would be this year’s contract. Atty Perkins will provide Cl Michaels with a document to forward to the departments.

With respect to the sewer contract, the board will be meeting again on December 18 with the Village board, and will hold a special meeting at the Town Hall following that to discuss the sewer contract.

On motion made, seconded and unanimously carried, the meeting was adjourned at 10:20 p.m.

Respectfully submitted,

Bambi L. Hollenbeck

Town Clerk