Minutes of June 11, 2003

TOWN OF DRYDEN

TOWN BOARD MEETING
June 11, 2003

Board Members Present: Supervisor 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

Kevin Ezell, Zoning Officer

Supv Varvayanis opened the meeting at 7:15 p.m. Board members and guests participated in the pledge of allegiance.

A public hearing had been scheduled for Max Bigsby, BB Farms, to establish and operate a vegetable crops sales site at 1418 Dryden Road. Applicant was not present and hearing was not held.

RECREATION DEPARTMENT

Jennifer Glaab introduced Marty Christofferson who spoke to the board about the lacrosse program. There were 50 children who participated in the program this year. The program did some fundraising, including sales of T shirts and clothing, to go toward next year’s program. They purchased T shirts, goalie sticks, helmets, jerseys, and had a pizza party. With registrations and fundraisers, minus expenses, the program made about $194. He said he was happy to run the program this year and appreciated the board’s support. They hope to get a lacrosse program into the high school in the future.

M Christofferson said the money from fundraising should be run through an account so that it can be accounted for. He had given J Glaab all the registrations, orders, money, etc to reconcile, and understands that someone at the Town did not want to take the money in that had been earned from fundraising. His goal and intention with the fundraising is to help the program. He asked how this could be handled. Supv Varvayanis said that there had been some confusion. The Town can not do fundraising, and fundraising can not be done in the name of the Town or by Town personnel. Atty Perkins said that the fundraising money could be made a gift to the Town. The funds were given to Liva Brong. M Christofferson said the money included payments for clothing orders and a check will have to be cut to the vendor for that. He wants to be sure that does not come from the recreation budget. He said that giving it all to the Town is a good way to show that the program doesn’t really cost the taxpayers any money. M Christofferson said he appreciated the support for the program and noted that whenever he needed anything Jennifer Glaab was very helpful.

J Glaab presented the board with a report showing anticipated income and expenses for the recreation department for the year. Supv Varvayanis said that with other departments any money brought in goes toward next year’s budget. J Glaab said that if an individual program does a fundraiser, they want to be able to pay the expenses of the fundraiser, so that the department is not actually fundraising.

The first concert in Montgomery Park will be held this Wednesday. A schedule of the concerts for the summer was given to the board. This information is also available on the website and will be sent to the news media. Everything has been worked out with the Village and there are no issues.

She presented a draft agreement with respect to the boat rentals on Dryden Lake. Atty Perkins will work with her on fine tuning the agreement. J Glaab has advertised for someone to work at the lake and received one application from someone who is certified for first aid and cpr. She recommends that this individual be hired.

RESOLUTION #90 – APPOINT J GLAAB TO RECREATION PARTNERSHIP

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

RESOLVED, that this Town Board hereby appoints Jennifer Glaab to serve as its representative to the Recreation Partnership for a term to expire December 31, 2003.

2nd Cl Hatfield

Roll Call Vote Cl Hatfield Yes

Cl Stelick Yes

Supv Varvayanis Yes

Cl Michaels Yes

J Glaab presented the board with information on the Recreation Partnership’s financial structure for the upcoming year. They are looking for two different increases for the involved municipalities to commit early on. The first increase for Dryden is $767, representing its share to cover increases for facility use, salary and fringe increases, and the County & State funding decreases, as shown on Schedule A. Schedule B shows the town’s share of increased subsidy anticipated for 2004 as $2,154. J Glaab’s recommendation is to not make an early commitment and possibly considering withdrawing from the partnership due to the creation of the recreation department. She has done a comparison of the programs offered by the Recreation Partnership and what is offered by the Town or another organization in the Town, and said that if the Town picked up the difference for a non-member fee, the total expense to the Town would be approximately $457.

Martha Robertson said that speaking for the western side of the Town, most of the students are part of the Ithaca School District, and use of recreation programs and facilities seems to go with school districts and she thought the western side of the town would be disenfranchised if the Town pulled out of the Recreation Partnership. Cl Stelick said that 23% of the student population in the Town goes to Ithaca and 77% goes to Dryden schools, and asked why the County was considering pulling out of the partnership. She responded that the County has serious budget problems, but has not decided whether they will pull out. Municipalities need to decide by October if they will pull out of the partnership. M Robertson urged the Town, as a resident, to not pull out of the partnership. She reminded the board that the partnership has not in the past had to make any payment to the City of Ithaca for use of their facilities. That will be a continuing discussion with the City and she said she felt it was right for the Rec Partnership to include the costs of the actual use of the facilities. Supv Varvayanis said that if the Town were to withdraw from the partnership, he assumed that programs would still be provided on that end of Town, at the Ellis Hollow Community Center, the Varna Community Center or other locations. The board reviewed the information provided and no action was taken.

AMBULANCE REPORT

Terri Allen presented the monthly reports for ambulance service. There were 78 calls in May, including 35 ALS calls and 20 BLS calls. Collections in May for 2003 were $15,512.22 and $1,632.20 for 2002 services. Year to date collections: $58,427.98 for 2003 services and $43,571.14 for 2002 services.

CITIZENS PRIVILEGE

Mike Lane reminded that board that prior to the Dairy Day festivities on Saturday, June 15, at 9:00 a.m. there will be a dedication of the new “Time Square” park at the four corners of the Village. The Dairy Day Parade will begin at 9:30 a.m. with festivities following in Montgomery Park.

COUNTY BRIEFING

Martha Robertson said that she will gather more information regarding the Recreation Partnership, that the County hadn’t taken the matter lightly when they decided to cut the County subsidy for this year, and they will have further discussion regarding the matter for next year.

The Water Resources Council has completed its study on prioritization for studying the aquifers in the County. Fall Creek is at the top of the list. Kate Hackett will send copies of the report to the Towns. They will be approaching the Towns to talk about how to come together to fund the aquifer studies. The Towns of Caroline and Dryden have already committed funds for this purpose.

The County Planning Department has completed its work on the Vital Communities Principals and that is the basis for the comprehensive plan that the County is working on. There is a vital communities toolbox on the County’s website for further information.

On June 19, from 9:00 to 11:00 a.m. the Health and Human Services Committee will be focusing on housing issues in the County.

Mike Lane reported that Tompkins County Area Development had held its annual breakfast recently at the new PRI Museum of the Earth building which will be open in late September. They are hoping it will draw tourists to Tompkins County and at the meeting they learned how local attractions (Johnson Museum, PRI, Cornell Plantations, etc) are working together to promote the area as a cultural center.

They are concerned about workforce development in Tompkins County mainly because of the funding stream at the federal level. The workforce development agency (a partnership of 11 agencies) is centralized in Center Ithaca. The grants are failing to provide any administrative money. They are concerned because they have come a long way with workforce development in Tompkins County. People receive assistance with job searches, resumes, day care, transportation, etc. and it has enabled people to get off welfare and into the work force.

Steve Whicher has told the County Board that there will be federal money that will help with the Medicaid shortage. The figure reported by the media was about a million dollars, but apparently is only about $600,000 for Tompkins County. This will be about one-third of the projected shortfall. The budget year continues to look bad. They have established a fringe rate (which is the money that is charged to each department to pay for the benefits on its payroll) for next year of 39%, up from 27%, because of the increases in New York State pension costs and health insurance. This will be a major cut in all departments.

The money for new voting machines does not appear to be immediately forthcoming. Apparently the legislation to require centralization of the voting machines went through but the money to accomplish it did not, although the Federal deadline of wanting it done before the presidential primary is still in place.

There is a court case from the New York State Court of Appeals out of Erie County where the City of Buffalo was suing the IDA of the Town of Amherst for cannibalizing industry, luring them from the City into the Town by giving them tax abatements and other incentives. The Court of Appeals found it improper and imposed penalties. This is important because Tompkins County is in the midst of a number of Counties that have Empire Zones which can give better tax abatements, etc than is available in Tompkins County. Developers and realtors in adjoining Counties have been soliciting businesses from Tompkins County.

COUNCIL PRIVILEGE

Cl Michaels reported that he and Cl Stelick and Atty Perkins had met with Neptune Hose and their attorney yesterday. He said that the meeting did not go well and their attorney was uncooperative. They did make some headway with some of the contractual terms. Two issues that were unresolved were the idea of the quarterly payments and they are asking for $10,000 to be added to the offered contract price. There is a question about whether it is possible for the Town to do that for the 2003 year. The attorney for Neptune said it is possible, and Cl Stelick and Cl Michaels said they would recommend it to the Town Board subject to their attorney providing undisputed case law, statutory or regulatory support for such an action. They have not received that information yet. Atty Perkins said the Town did advertise a specific amount for the contract and it could after a public hearing increase that amount provided that it had either unappropriated funds or surplus funds in the district funds, and he has been advised that the Town does not have those funds. Furthermore, it is unlawful to transfer from general fund to a fire protection district fund. There is a State Comptroller’s opinion that speaks to that matter. Cl Michaels said he had been unprepared to discuss this at the meeting because he had been told the agenda would be the items numerated in Mr. Pinsky’s letter of May 9, but was told that the meeting would not progress until the $10,000 was addressed. Cl Stelick said that Dana Abbey had advised him since the meeting that quarterly payments would be acceptable.

Cl Michaels said that he would have supported the $10,000 if it were possible because it is time to begin negotiating next year’s contract, and whether it was paid this year or it was added next year seems to be a distinction without a difference. He said because it is anticipated that we will have a contract with them next year, it doesn’t seem worth arguing about if that is a real bone of contention for them.

With respect to any changes made to the contract with Neptune, Cl Michaels proposed that fire departments be able to sign whichever version of the contract they prefer, the one originally offered or the one as changed with Neptune. Varna had similar concerns about the amount in their contract, and he suggested that if this offer of additional money is made to Dryden, that the board also offer the difference Varna had requested.

Cl Michaels said it seemed that everything was wrapped up, and although he sensed a decent amount of cooperation from individuals at Neptune Hose and their board, he found it very difficult to work with and discuss the matter with their attorney. He said he left the meeting very discouraged about how things went for the meeting, given all the work he and Cl Stelick had put in trying to work toward developing a relationship with the chiefs of the departments. He felt it was a step backwards.

Atty Perkins said if the board was willing to offer this contract, a letter of explanation should accompany it and go to their attorney first. It should state that the quarterly payment schedule remains because it was subsequently agreed to and that the board has found that it was unable to increase the amount by $10,000 and see what happens. He said the board has done everything it can and it seems the board has met them more than halfway on most issues. Cl Michaels said to add that if they can find support to authorize the $10,000 increase, then the board will give them the money. Cl Stelick said he would support that. Atty Perkins said it really comes down to whether or not the transfer is permitted from general town funds to the fire protection district. The limited authority he has found really relates to the highway account and the general founds. Supv Varvayanis said that was also his understanding.

M Robertson asked what the $10,000 was for and Cl Michaels said that he had heard it several different ways, but basically is was that there was a ladder truck purchased and at some point $10,000 was added to the normal contractual amount that they had been receiving. Some time period passed, and some people had the impression that the $10,000 should have ended, but Neptune Hose says they still have a ladder truck and they still have plans to purchase another one when it wears out. There is nothing in writing about and recollections don’t seem to match. The amount provided has been going up 2% per year for as long as anyone can remember and the $10,000 doesn’t seem relevant given the fact that the budget amount has really no bearing on the actual expenses or requirements of the organization at this point. This is what Cl Michaels and Cl Stelick have been trying to work out with the Departments in an approach for the 2004 budget season. They have asked each of the departments to educate them on their expenses. If a department doubles its membership it can be a financial catastrophe because they have to buy equipment for each of the volunteers. The Town could bear some of that and encourage volunteerism. This is limited by the current contract and they are looking to try to tie the contract amount and the way the departments are reimbursed for their expenses.

M Robertson said that basically yesterday he had agreed to an undocumented additional $10,000 and she applauds the difficult efforts to document and clean up the whole process, but she can’t resist making a connection to the $2,100 that was asked for in additional recreation subsidy that was well-documented. Cl Michaels said his understanding was that this was a “written in stone albeit not in writing” $10,000 that they would receive forever specifically for the ladder truck fund. Supv Varvayanis said he has trouble with the $10,000, but it doesn’t matter because they probably can’t do it, but if by chance they can he suggests that an additional $10,000 be given to each of the four major contracting fire departments. Cl Michaels said he and Cl Stelick had discussed that and would not be against it. Cl Michaels said the companies have large reserves and are looking to buy very expensive equipment on 20 year cycles and $10,000 going into their budget this year versus next year will work out in the wash. The largest share of the amount of funding that any of the departments get goes to capital reserve accounts so they can buy their equipment. Supv Varvayanis said that some of the equipment purchases are planned 25 years out, so when you talk about the entire range that is being looked at, $40,000 is a fraction of one percent.

Duane Testut asked why the amount advertised for fire contracts was $499,496 and the budget line for fire departments was $519,496. Supv Varvayanis explained that the $20,000 difference was money that the departments could apply for to be reimbursed for OSHA training. He asked why the cost of workers compensation was so high and was told it was based on population and the formula set by State law. D Testut said he appreciated the meetings with Cl Stelick and Cl Michaels, that they had agreed to disagree a few times, but he had come away basically feeling positive.

Cl Stelick said that the audits the Town was asking to have done would give them a base line to start with.

Cl Stelick asked M Robertson if it was her recommendation that the County withdraw the $38,000 it currently provides the Recreation Partnership. She said there is no specific proposal at this point. She said she supports the efforts made to work out the fire contracts. Cl Stelick asked whether they planned to cut anything from the Alternatives to Incarceration program (ATI) and she said they had not yet discussed it. Probation is a significant department and a lot of what they do can be called alternatives to incarceration, and in fact an argument was made at the last meeting that recreation programs can almost be part of the continuum of helping to keep people out of the criminal justice system. Cl Stelick said that he recalled that for each successful person in the program the cost was somewhere around $20,000 per person. He said it would cost $18 per person based on the total number of registrants in the Recreation Partnership ($47,000 divided by 2800 participants that are County residents), and we are spending a million dollars or so on alternatives to incarceration that may help six to ten people. M Robertson that those people would also have cost the county money because they had broken a law and are in jail. It is her belief that the ATI programs are valuable in each current year that someone is kept out jail, working at their job, paying taxes, etc. She urged board members to attend drug court or graduation ceremonies, saying that those people don’t go back to jail. She said she expects recreation programs to be less expensive than getting someone off of drugs. Cl Stelick said he has a problem with squeezing $47,000 money from children and participants that haven’t made mistakes, when they are paying $20,000 per person on those who have already made several mistakes.

Cl Stelick asked M Robertson to put Jennifer Glaab in touch with the community centers on her side of town; that he thought it was a good thing to mix the children from different schools.

Supv Varvayanis said he had been told by the accountant that they had collected all the data from the Varna Fire Department and he thought their records were well kept and was appreciative of their efforts.

Cl Michaels said that at the meeting they spent nearly an hour arguing about the need for an audit, the fire department wanted to know why they couldn’t pick the auditor and pay for it themselves. They are hopeful that Neptune will cooperate with an audit although they seem to be saying they would not until a contract agreement was reached. He is worried about the state of the law and their attorney’s misunderstanding of it.

Supv Varvayanis said he had spoken to George Frantz who was ready to print 25 copies of the comprehensive plan to pass out. Before that is done Supv Varvayanis would like clarification on the traffic count information. Cl Michaels would like to see maps indicating property values.

RESOLUTION #91 – APPROVE ABSTRACT #105

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

RESOLVED, that this Town Board hereby approves Abstract #105, as audited, vouchers #313 through #480 (except #406), totaling $130,619.92.

2nd Cl Stelick

Roll Call Vote Cl Hatfield Yes

Cl Stelick Yes

Supv Varvayanis Yes

Cl Michaels Yes

HIGHWAY DEPARTMENT

J Bush reported that tree clean up from the winter storms is complete and they have begun paving. Cl Michaels asked about the work that was being done on Mt Pleasant Road and was told it was completion of the storm sewer project that was begun last year. The road will be repaved next year.

ATTORNEY

Board members have copies of a plan for expansion at Bolton Point, together with a proposed resolution calling a public hearing. This will be paid out of existing funds and Bolton Point has some reserve funds which will be used. A public hearing is necessary because districts will be responsible for repayment in the event that there isn’t sufficient cash. In addition to the public hearing there will be a separate agreement, an amendment to the Agreement of Municipal Cooperation, which authorizes the project, and there may be a second amendment to the agreement which basically streamlines the process for new water and sewer districts being served by Bolton Point water. Atty Perkins hopes to have both of those well before the July public hearing. With respect to the Town of Dryden’s share there are sufficient reserves in each of the district funds to pay the amount due.

RESOLUTION #92 – ORDER CALLING PUBLIC HEARING IN THE MATTER OF THE PROVIDING OF A PROPOSED TWO-STORY OFFICE AND WORK SPACE ADDITION TO THE SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER COMMISSION WATER TREATMENT PLANT IN THE VILLAGE OF LANSING, TOMPKINS COUNTY, NEW YORK

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

WHEREAS, a plan, report and map has been duly prepared in such manner and in such detail as this Board determines to be necessary, relating to the construction and equipping of a two-story office and work space addition to the Southern Cayuga Lake Intermunicipal Water Commission “(“SCLIWC”) treatment plant, pursuant to relevant provisions of the Town Law, such project to be known and identified as the SCLIWC 2003 Plant Expansion Improvement, and hereinafter also referred to as “Improvement”, to provide expanded space in the water treatment plant owned in common by the Towns of Dryden, Ithaca and Lansing, and the Villages of Cayuga Heights and Lansing (collectively the “Municipalities” and sometimes individually the “Municipality”), such improvement to be constructed and owned by the Municipalities, and

WHEREAS, said plan, report and map have been prepared by Hunt Engineers, Architects & Land Surveyors, P.C., competent engineers duly licensed by the State of New York and have been filed in the office of the Town Clerk where they are available for public inspection, and

WHEREAS, the area of said Town determined to be benefitted by said SCLIWC 2003 Plant Expansion Improvement consists of the entire area of the Town Water Districts, said water districts; being Dryden Water District #1, Snyder Hill Water District, Monkey Run Water District, Hall Road Water District, and Turkey Hill Water District in said Town; and

WHEREAS, the proposed SCLIWC 2003 Plant Expansion Improvement consists of the improvements set forth below, and as more particularly shown and described in said map, plan and report presently on file in the Office of the Municipality Clerk:

Construction of a 7616 square foot, two store office and work space addition on the east end of the SCLIWC water treatment facility at 1402 East Shore Drive in the Village of Lansing and renovation of 4332 square feet of existing office space to provide increased office space for SCLIWC’s Administration and Distribution personnel, workshops for SCLIWC’s electrical and technical technicians and production department personnel, handicapped accessibility, an archive room for long term storage of SCLIWC’s files land documents, an expansion of the facilities laboratory to meet increased water quality monitoring requirements, and additional fire suppression systems in the new and renovated areas of the facility; upgrading the HVAC systems to bring them into compliance with current building codes; upgrading the north entrance to the facility; and adding four additional parking spaces to accommodate the public.

WHEREAS, the maximum proposed to be expended for the aforesaid improvement is $2,310,835.00; and

WHEREAS, the proposed method of financing to be employed for the aforesaid improvement is issuance by the Municipalities of joint and several serial bonds not to exceed $1,000,000 and payment of the balance of the costs of said improvement by the expenditure of current revenues and surplus funds held by SCLIWC.

WHEREAS, it is now desired to call a public hearing for the purpose of considering said plan, report and map, the providing of said SCLIWC 2003 Plant Expansion Improvement, the authorization of serial bonds for payment of part of the costs of the Improvement, the expenditure of current revenues and surplus funds for the balance of the costs of the Improvement, and the amendment of the existing Agreement of Intermunicipal Cooperation between the Municipalities in relation to such Improvement, and to hear all persons interested in the subject thereof, all in accordance with applicable provisions of General Municipal Law, Local Finance Law, Town Law and Village Law;

NOW, THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town of Dryden, Tompkins County, New York, as follows:

Section 1. A public hearing will be held at the Town Hall, 65 East Main Street, Dryden, New York, on the 9th day of July, 2003, at 7:00 o’clock p.m., to consider the aforesaid plan, report and map and the questions of the providing of said SCLIWC 2003 Plan Expansion Improvement, the authorization of joint and several serial bonds for payment of part of the costs of the Improvement, the expenditure of current revenues and surplus funds for the balance of the costs of the Improvement, and the amendment of the existing Agreement of Intermunicipal Cooperation between the Municipalities to authorize such improvement, bonding, and other activities, to delegate to the Treasurer of SCLIWC certain authority to issue such bonds on behalf of the Municipalities, and to grant SCLIWC certain other powers and authority, and to hear all persons interested in the subject thereof and concerning the same and to take such action thereon as is required by law.

Section 2. The Town Clerk of the Town of Dryden, Tompkins County, New York, is hereby authorized and directed to cause a copy of this order to be published once in the official newspaper of the Municipality, and also to post a copy thereof on the Town signboard maintained by the Clerk, not less than ten nor more than twenty days before the day designated for the hearing as aforesaid.

Section 3. This order shall take effect immediately.

2nd Cl Stelick

Roll Call Vote Cl Hatfield Yes

Cl Stelick Yes

Supv Varvayanis Yes

Cl Michaels Yes

Atty Perkins has provided board members with a draft resolution accepting the Open Space Inventory. Dan Karig was present if board members had any questions. Cl Michaels has not yet finished reading the Open Space Inventory.

RESOLUTION # 92 – ACCEPT OPEN SPACE INVENTORY

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

WHEREAS, by local law No. 4 of the year 2000 the town board established the Town of Dryden Conservation Advisory Council (CAC); and

WHEREAS, said local law directed the CAC to conduct and maintain an inventory and map of the natural resources within the town and maintain a current index of all open areas in the town; and

WHEREAS, the CAC has prepared the aforesaid inventory, map and index (Open Space Inventory – May 15, 2003) and has filed the same with the town clerk and has held two public information sessions on such inventory, map and index; and

WHEREAS the town board has had an opportunity to review the Open Space Inventory for its substantive content as is satisfied with respect to the accuracy, completeness and format; now, therefore,

BE IT RESOLVED by the town board as follows:

1. The Open Space Inventory of the Town of Dryden dated May 15, 2003 is hereby accepted and approved by the town board

2. The town board expresses its thanks and appreciation for the work of the CAC in preparing the Open Space Inventory.

2nd Cl Stelick

Roll Call Vote Cl Hatfield Yes

Cl Stelick Yes

Supv Varvayanis Yes

Cl Michaels Abstain

Dan Karig said that the only complete paper copy of the Open Space Inventory is a preliminary one that George Frantz prepared for the CAC. He suggested that the Town make a number of paper copies for the public. Town Clerk will have some copies made.

Atty Perkins has provided the board with copies of the Environmental Assessment Form prepared by the Town of Ithaca engineer for the phosphorus removal project. He said that the Town should consider approving Amendment #1 to the contract between Sterns & Wheler for engineering services during the bidding and construction phase of the project. DEC approval is expected this month.

RESOLUTION #94 – AUTHORIZE AMENDMENT #1 TO STERNS & WHELER CONTRACT

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

RESOLVED, that this Town Board does hereby approve Amendment #1 to the Sterns & Wheler contract for engineering services.

2nd Cl Hatfield

Roll Call Vote Cl Hatfield Yes

Cl Stelick Yes

Supv Varvayanis Yes

Cl Michaels Yes

Atty Perkins said that before the phosphorus removal project could be approved there would need to be another public hearing on the plan, report and map and the estimate of cost that has been prepared. The total project cost is $4,115,000. Some of that is expected to be paid from the bond fund available to the project. The Town of Dryden’s share without any bond fund monies would be $81,477. The Town’s share would be paid from surplus funds and current revenues of the Town of Dryden Sewer Districts.

RESOLUTION #95 – ORDER CALLING PUBLIC HEARING IN THE MATTER OF THE PROPOSED PHOSPHORUS REMOVAL PROJECT FOR THE SEWAGE TREATMENT PLANT IN THE CITY OF ITHACA SERVING THE TOWN OF DRYDEN TO BE KNOWN AS THE JOINT SEWAGE TREATMENT PLANT PHOSPHORUS REMOVAL IMPROVEMENT PROJECT PURSUANT TO TOWN LAW §202-B

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

WHEREAS, a plan, report and map has been duly prepared in such manner and in such detail as heretofore has been determined by the Town Board of the Town of Dryden, Tompkins County, New York, relating to the construction, pursuant to Town Law § 202-b of sewer system improvements to be known and identified as the Joint Sewage Treatment Plant Phosphorus Removal Improvement Project, and hereinafter also referred to as “improvement”, to provide such sewer improvement, to the present sewage treatment plant in the City of Ithaca managed jointly with the Towns of Ithaca and Dryden providing sewage treatment services for the Town sewer districts served by such sewage treatment plant, such sewer system improvement to be constructed and owned by the Town of Ithaca, Town of Dryden, and the City of Ithaca, and

WHEREAS, said plan, report and map have been prepared by Stearns and Wheler, Professional Engineers, competent engineers duly licensed by the State of New York and have been filed in the office of the Town Clerk where they are available for public inspection, and

WHEREAS, the area of said Town determined to be benefitted by said Joint Sewage Treatment Plant Phosphorus Removal Improvement Project consists of the entire area of said Town sewer districts served by the sewage treatment plant in the City of Ithaca, and

WHEREAS, the proposed Joint Sewage Treatment Plant Phosphorus Removal Improvement Project consists of the sewer improvements set forth below, as more particularly shown and described in said map, plan and report presently on file in the Office of the Town Clerk:

Construction and installation of a tertiary high rate settling process and associated reinforced concrete structure on piles at the end of the current process stream, adjacent to the final effluent channel at the jointly operated sewage treatment plant located at 525 Third Street, Ithaca, New York, together with associated controls, piping, and other structures.

WHEREAS, the maximum proposed to be expended for the aforesaid improvement is $4,115,000 of which the Town of Dryden’s share is not to exceed $81,477.00. The proposed method of financing the Town’s share to be employed by said Town of Dryden consists of payment of said Town’s share out of the surplus funds and current revenues in the Town of Dryden Sewer Districts; and

WHEREAS, the implementation of this project will be through a joint agreement with the City of Ithaca and the Town of Ithaca.

NOW, THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town of Dryden, Tompkins County, New York, as follows:

Section 1. A public hearing will be held at the town hall, 65 East Main Street, Dryden, in said Town, on the 9th day of July, 2003 at 7:15 o’clock P.M., to consider the aforesaid plan, report and map and the questions of the providing of said Joint Sewage Treatment Phosphorous Removal Improvement project, and the question of executing any related agreement, and to hear all persons interested in the subject thereof, all in accordance with the provisions of Town Law § 202-b and applicable provisions of the General Municipal Law and Local Finance Law.

Section 2. The Town Clerk of the Town of Dryden, Tompkins County, New York, is hereby authorized and directed to cause a copy of this order to be published once in the official newspaper of the Municipality, and also to post a copy thereof on the Town signboard maintained by the Clerk, not less than ten nor more than twenty days before the day designated for the hearing as aforesaid.

Section 3. This order shall take effect immediately.

2nd Cl Hatfield

Roll Call Vote Cl Hatfield Yes

Cl Stelick Yes

Supv Varvayanis Yes

Cl Michaels Yes

With respect to the fire contract with Neptune Hose, Atty Perkins said the board should discuss the request for the language to be added at the end of paragraph 1 of the standard fire contract provisions. The way it has read for many years is “the company will respond to any call for the extinguishment of a fire, or to any call for its emergency rescue and first aid squad occurring in the territory” (defined as the Town of Dryden Fire Protection District). The proposal is to add after the word territory “for which the company is available to respond”. Cl Michaels said he believed the fire department was concerned that if they were out on another call that they are obligating themselves to respond even if they are somehow unable to respond. He said that is not how he believes the contract reads and the proposed change doesn’t distinguish between them just deciding not to show up and being unavailable because they are otherwise occupied in an emergency situation. He suggested that they add the words if not otherwise occupied with emergency services. He said he is disappointed that this happened after so many years and other departments being able to obligate themselves to emergency calls. Supv Varvayanis said there is language in the contract already that would exempt them if they were in the Village or fighting other fires. Atty Perkins said that is correct and the former paragraph two did say that. However both sides had agreed to delete that paragraph because the substance of it is covered in the additional provisions paragraph two, which reads “The parties hereto recognize that the primary obligation of the company is for protection of persons and property in the Village. In the event of a serious conflagration or other emergency within the Village during which in the judgement of the Chief or other person in charge of the company it shall be unwise to send men or equipment outside the Village, the Company shall not be obligated while such emergency continues to answer calls from the Town of Dryden Fire Protection District.”

Cl Michaels said that Mr Pinsky had made it clear during the meeting that when the Mayor of Baldwinsville was not negotiating with the Fire Department, the Fire Department stopped providing services to Baldwinsville. Cl Michaels asked if that meant that unless Neptune got what they wanted under the contract they were going to stop providing services and they said that was not at all what they were saying. He said that he did believe that was what Mr. Pinsky was saying, but the members of Neptune said that was not at all what they were saying, that they were a very dedicated group of people who want to volunteer their time. Cl Michaels said that he believed Mr. Pinsky’s reasoning for the language is that he wants them to contractually be able to make themselves unavailable to provide services yet still get their contract amounts, effectively creating a strike level position for the volunteer fire departments. Cl Michaels said they didn’t spend a lot of time talking about it, but he said if they were really adamant about it he would bring it to the board and see what they said, but he has some strong concerns about it.

D Testut said he thought what Mr Pinsky had said was being misinterpreted. He thought they meant that when Varna was at a structure fire, they could not respond to the next structure fire and would have to call mutual aid. The way it is, Varna would be violating their contract if they didn’t respond. They are trying to change it so they can call another department for a second call, trying to make the contract flexible. Cl Michaels said he agrees that is sort of the way Mr Pinsky is trying to state it, but the board has no objection to what Mr Testut just stated. Atty Perkins said the territory is the district now, because Mr Pinsky wanted all the language about territory removed (paragraph 2 that was deleted in its entirety). Cl Michaels said there are four departments that service the entire district, and obviously respond to territory and have agreements as to who is going to respond where, and that makes sense. He said he would support language that better covered the instance, but as written, he has a problem with it. Atty Perkins said they could use some of the language from the additional provisions (unless the company is prevented from doing so because of a serious conflagration or other emergency to which it has already responded). Board agrees.

Cl Stelick said he had received a call from Dana Abbey today and they had agreed to the quarterly payments.

Atty Perkins said the other issue has to do with the language in paragraph 6(b) which says in the event the company fails to furnish reasonably completed accurate reports in a timely manner, the Town may withhold payments to the company until it has complied with such requirements. They wanted some kind of provision that if the Town didn’t notify them within 30 days that the Town had deemed to have accepted them and couldn’t withhold payments. He suggested that perhaps the paragraph could be deleted in its entirety saying the Town had been receiving the reports and it didn’t seem to be a problem for Neptune. If they don’t submit the reports they would be in breach anyway. Cl Michaels said deleting it in its entirety would probably be the easiest way to go. The board agreed it could be deleted, that the contract itself provides enough protection.

Atty Perkins said the board should propose the alternative language for the end of paragraph 1, delete 6(b), re-letter 6(c) to 6(b), and explain to them that our understanding is that they can not do what they want with respect to the $10,000 for this budget year. Cl Michaels said he would still leave it open to them to provide contradicting authority. Atty Perkins said the other changes outlined in his memo, including the deletions, he does not believe are substantive, that they add clarity where the fire department felt it was necessary. Cl Michaels noted there were changes to the audit paragraph, that the Town was paying for it, and the fire department would cooperate with the auditors.

RESOLUTION #96 – AUTHORIZE CONTRACT WITH NEPTUNE HOSE

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

RESOLVED, that this Town Board hereby authorize the Supervisor to execute a contract with Neptune Hose as outlined in a letter from Mahlon R. Perkins, Esq. and discussed with the Town Board, including amending paragraph 1, deleting paragraph 6(b) and amending the language with respect to the audit, and when this contract is acceptable to Neptune and their attorney, the other fire departments will be offered the opportunity to execute a similar contract.

2nd Cl Stelick

Roll Call Vote Cl Hatfield Yes

Cl Stelick Yes

Supv Varvayanis Yes

Cl Michaels Yes

Atty Perkins said he had obtained copies of the Village of Dryden’s contracts with Neptune for 2002-03 and 2003-04 and there is a provision in them that states that any other contract must contain a provision that they serve the Village first. He noted that the Village increased their contract by the amount of 1%.

TOWN CLERK

Board members have the Clerk’s monthly report and 2003 tax collection reconciliation. She noted that there was a sum of interest collected on the account and the County would probably be looking for at least a portion of that.

Cl Hatfield asked why the minutes in May were more condensed than normal. Those were prepared by Deputy Clerk Kristin Strickland. B Hollenbeck asked whether there was something he would like expanded and Cl Hatfield said that perhaps the discussion with Doug Cotterill on May 7 should have been expanded. Board decided to approve them all with the exception of May 7, 2003.

RESOLUTION #97 – APPROVE MINUTES

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

RESOLVED, that this Town Board hereby approves the minutes of the following meetings: March 5, 2003, March 12, 2003, April 2, 2003, April 9, 2003, May 2, 2003 and May 14, 2003.

2nd Cl Stelick

Roll Call Vote Cl Hatfield Yes

Cl Stelick Yes

Supv Varvayanis Yes

Cl Michaels Yes

B Hollenbeck presented board members with information regarding fees charged by other municipalities in Tompkins County for dog licenses and marriage licenses. The board reviewed the information and after discussion decided that new fees will be: $20.00 for an unaltered dog, $10.00 for an altered dog, and $25.00 for marriage licenses. Atty Perkins will prepare the appropriate paperwork.

There was someone interested in doing a dog enumeration, and on investigation it was discovered that for them to obtain the appropriate insurance the fee would be $1,674. John Bailey of Bailey Insurance has advised that they could be added to the Town’s policy as an additional insured at no additional charge to the Town. Atty Perkins will prepare a contract which says that they are independent contracts and that they agree to defend, indemnify and hold the Town harmless.

ZONING OFFICER

Board members have monthly report. Kevin Ezell reported that the intern hired to do the scanning for the new zoning program is doing well. We should still look at purchasing a snap server and backup. Estimates are $3,300 to $3,500.

K Ezell would like to attend the ICC Code Hearing Council in Nashville in September. The Code can now be changed by the regulators, by code officials discussing and then voting on proposed changes. There are sixteen different changes being proposed by New York State, two having to do with basements and clarification of that in residential situations. K Ezell would like to speak on that issue. He would attend two days of the conference and is asking the Town to reimburse a portion of the expense to attend. (A portion because he will combine it with a family vacation.) Supv Varvayanis said he felt it was important for the Town to show support for its employees when they want to broaden their horizons and be involved inprofessional organizations. Cl Michaels said he was in support for the same reasons. The board asked that K Ezell and ZO Slater get some figures together and make a recommendation.

Cl Michaels said he would like to authorize an amount of money and allow the Zoning Officers to purchase the snap server and backup.

RESOLUTION #98 – AUTHORIZE FUNDS FOR SNAP SERVER & BACKUP

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

RESOLVED, that this Town Board hereby authorizes the expenditure of up to $4,000 for the purpose of purchasing and snap server and backup system for the zoning program, subject to approval of the Supervisor.

2nd Cl Stelick

Roll Call Vote Cl Hatfield Yes

Cl Stelick Yes

Supv Varvayanis Yes

Cl Michaels Yes

Cl Michaels suggested that they look into getting a terminal services license which would allow employees to securely sign on to internal services from home.

There being no further business, on motion made, seconded and unanimously carried, the meeting was adjourned at 10:25 p.m.

Respectfully submitted,

Bambi L. Hollenbeck

Town Clerk