Minutes of February 10, 2005

TOWN OF DRYDEN

TOWN BOARD MEETING

February 10, 2005

Present: Supv Stephen Trumbull, Cl Stephen Stelick, Jr., Cl Martin

Christofferson, Cl Christopher Michaels, Cl Michael Hattery

Elected Officials: Bambi L. Hollenbeck, Town Clerk

Jack Bush, Highway Superintendent

Other Town Staff: Mahlon R. Perkins, Town Attorney

Henry Slater, Zoning Officer

Dave Putnam, TG Miller Engineers

Debbie Gross, Environmental Planner

Supv Trumbull opened the meeting at 7:05 p.m. and led board members and guests in the pledge of allegiance. He introduced Kimberly Gazzo who has agreed to accept the position of Town Historian. Ms Gazzo said she was born and raised in Los Angeles, went to college outside of Kansas City, and library school at UCLA. She spent five years in Vermont as a law librarian before moving to this area. Her primary motivation for moving here was the quality of life that Dryden area offers, and the universities in the area. She currently works at the History Center in Tompkins County and has two children in Dryden schools. She has spent some time with Harry Weldon, has been working on the website for the History House and has spent a few hours with Lawrence Beach.

RESOLUTION #47 – APPOINT TOWN HISTORIAN

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

RESOLVED, that this Town Board hereby appoints Kimberly Gazzo as Town Historian.

2nd Cl Christofferson

Roll Call Vote Cl Stelick Yes

Cl Christofferson Yes

Supv Trumbull Yes

Cl Michaels Yes

Cl Hattery Yes

PUBLIC HEARING

SITE PLAN REVIEW APPLICATION OF JC LEASING

Supv Trumbull opened the public hearing at 7:07 p.m. and Town Clerk read the legal notice published in The Ithaca Journal. JC Leasing would like to lease a portion of their facility to DLH Express, a courier service, for the purpose of a general dispatch office. John Burress, owner of JC Leasing, received site plan approval to construct the building in 1993 but that approval did not contain the ability for him to lease portions of the building to other occupants. They are asking permission to lease this 9,000 sq ft building to a courier service. ZO Slater said there is sufficient on-site parking. County Planning has no interest in the project under §239 l & m and is exempt under SEQR. ZO Slater suggested that the recent standard conditions of approval be attached, which would allow the applicant to assign these types of activities to second parties. He said this is an administrative action as long as the site has the capacity to handle the business, and he believes it does.

There were no comments or questions, and the hearing was left open at 7:11 p.m.

PUBLIC HEARING

SPECIAL PERMIT APPLICATION OF NICHOLAS BELLISARIO

TO CONSTRUCT & OPERATE A SELF STORAGE FACILITY

AT 15 OAK BROOK DRIVE (continued from 5-13-04)

Supv Trumbull opened the public hearing at 7:12 p.m. and Town Clerk read the legal notice published in The Ithaca Journal. Applicant is requesting a special permit to construct and operate a self-storage facility consisting of four 20′ x 120′ pre-engineered structures at 15 Oakbrook Drive. ZO Slater said at the May 13, 2004 hearing there was considerable discussion regarding stormwater management and erosion control, and asked the applicant to provide an approved stormwater management and erosion control plan, construction drawings of the proposed buildings, and to take into consideration screening needs relative to the Boutros property. Applicant has had a stormwater prevention plan prepared that has been reviewed by the Town’s Environmental Planner and Engineer. Construction drawings and photos of the proposed buildings have been provided, as well as some screening options. ZO Slater said it is unclear from the screening plan where the plantings will be and what the length of the plantings or fence would be. Tompkins County Planning has previously reported that the Town is free to act.

N Bellisario displayed photos of potential plantings or fencing for screening and said there is already somewhat of a natural buffer near the Boutros residence. Cl Hattery asked if a fence could be installed without broadening the footprint of the driveway and the applicant said that it could. The board discussed with the applicant the location of the driveway and buildings with respect to the Boutros property.

Dave Putnam explained the stormwater management plan as presented and where the water would flow through the property.

Cl Hattery asked about what appears on the map to be a proposed addition to the building and which was not a part of the original application. Applicant said he asked the engineers to include that for purposes of possible future expansion to insure the plan would handle the flow. D Putnam noted that you are supposed to plan for build-out of the site when a plan such as this is made.

Cl Hattery asked if the plan was still for a daylight only facility with no need for lighting and applicant said that was still the case.

Supv Trumbull asked if anyone was present who wished to comment on the JC Leasing application. There were no comments and the hearing was closed at 7:30 p.m. and Atty Perkins was asked to determine whether a SEQR determination was necessary on the JC Leasing application while the Bellisario hearing continued.

Virginia Tesi was present as attorney for Susan Boutros. She said she has reviewed the original proposal, meeting minutes and the history of the file as well as new proposal document, and is requesting that the public hearing be continued and decision reserved until the DEC has had a chance to review the application and comment. This would also give adjacent property owners time to review it and consult with a personal engineer, as her client would like to do, in order to fully understand the document. She said the Boutros’ house is 15 feet from the boundary line and very much downhill of the subject property.

Cl Michaels asked if the Boutros had a preference for fencing or trees for the screening. S Boutros said she would like the opportunity to look at options.

Cl Stelick asked why the DEC would be involved, and Debbie Gross said the DEC doesn’t typically review the plans and usually just wants submission of a notice of intent, but in this case DEC saw the site, reviewed the plans and had some concerns, so they asked to see any future plans. D Putnam said this was designed in accordance with DEC’s design standards and they require a five day notification before work is started. V Tesse said she understands that, but the adjacent owners should have time to review the plan, and that because DEC requested a look at the final plans, they would like time to do that. D Putnam said the reason the DEC was involved at all initially was because the first plan was substandard and they needed some ammunition to take back to the original designer, and that if the current plan had been submitted first, the DEC would never have made a site visit.

Cl Michaels said he understands that a lot of work had been done before the current owners bought the site, and wondered if the impact of construction and stormwater management plan is being measured from the proper time. D Gross said her understanding of the DEC regulations is that the requirement is to go back to when the current owner started working with the site and if the Town wanted something more stringent there would have to be an ordinance.

V Tesse said Mrs Boutros would like to speak if the hearing is going to be closed tonight. Cl Hattery said the board would like to hear from anyone who has a comment.

S Boutros said it looked to her like what was being presented today was different than what was presented in May. She said the 1900 square foot addition was new and she wanted to be clear that if approval is given today, that he would in fact have to come back for approval for that addition and the board confirmed that was the case.

S Boutros is concerned about the number of trees that may be removed and said that the map in the report is represented as the existing conditions, while it is dated 2002, and the overall report is dated January 28, 2005. She said the lower photo is more representative of the vegetation. It is a steep site and removing more vegetation represents a significant change in the rate of runoff. She pointed out where trees were dying off on the site, and the visual buffer between the properties was decreasing. She said the area is mixed between residential and commercial and she would like to see a reasonable balance, and would like to able to enjoy some privacy in the back of her property. She is also concerned about erosion, the amount of runoff of water and her artesian well. She suggested that Bellisario make some arrangement for access through The Antlers property. She said that Mr Bellisario has been removing trees on his property that previously provided a buffer.

Cl Christofferson asked S Boutros what she would like to see for buffering and she said she would like to have trees and a 6′ wooden fence so that she would have more security, and demonstrated on the map for him where she would like the fence placed. N Bellisario said he didn’t feel both were necessary, and there were no windows on the end of the house that faced the driveway. N Bellisario said he planned to have a chain link fence around the buildings with a gate.

S Boutros said she is concerned about the pond and mosquitos since it appears there will be standing water. She said she has questions about the hours of operation of the business and was told it would not be lighted. She said there is already light that shines on her property. Cl Hattery said this is a day-use facility and there will be no lighting, and it has not been restricted beyond daylight. She said she would like it to be limited to 7:00 p.m. so she has privacy in her back yard. Increased traffic is also a concern, as well as noise. S Boutros said there is mention of an oil filter in the retention pond and she wondered if it is anticipated there will be pollution of the pond with oil, pesticides or fertilizer, and what would happen if the pond failed. She asked if there would be additional fill placed for the addition shown in the plan. She is concerned that the engineering firm had the correct grading map and whether the contour lines were correct. Mr Bellisario said the map and contours were as of October 2004.

V Tesi said the most recent photos in the plan are June 2004 and Mr Bellisario has done additional regrading and clear cutting of the vegetation, and that would affect the environmental review.

Mr Bellisario would have to come before the board for approval of any addition to the building.

Nancy Connelly asked if Mr Bellisario was going to keep the green or brown color of the buildings and he said he was. She said she approves of the current design.

Cl Hattery asked whether the stormwater management plan was supposed to have anything with respect to impacts on existing trees, such as runoff and loss of soil. D Putnam said runoff would all be directed to a pond and funneled through a control outlet. There will be no runoff directed to trees unless they happen to be in the area between what exists and what is proposed.

The public hearing was closed at 8:05 p.m.

V Tesi asked if it was possible for them to submit documentation before the board makes a decision some time in the next few weeks and whether the board would consider that additional documentation. Cl Christofferson said the board may make a decision in the next few minutes, but if they did not, they would accept additional documentation.

The board moved into regular session and Atty Perkins advised them a SEQR declaration was not necessary because there are no changes to the site in the JC Leasing application. ZO Slater recommended the board continue the 1997 conditions.

RESOLUTION #48 – APPROVE JC LEASING SITE PLAN

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

RESOLVED, that this Town Board has reviewed the application of JC Leasing for approval to lease a portion of their facilities to DHL, a courier service, and determined that it is a Type II action, exempt from SEQR, and approval is granted, subject to the current Standard of Conditions (7-2000), and the continuation of the 1997 conditions of approval, as follows:

1. Construction of the access to Abbott Road to be built within 1 year (August 1998). When Abbott Road access is built sign shall be removed which directs traffic to Route 13 and no exit sign on Lower Creek Road except for local delivery installed.

2. Approval of drainage plan by town engineer.

3. Sign installed for drivers.

4. No more lighting installed or signs advertising.

5. Easement for Monkey Run water and sewer district.

6. If there is any problem with outside lighting this will have to be mitigated.

2nd Cl Christofferson

Roll Call Vote Cl Stelick Yes

Cl Christofferson Yes

Supv Trumbull Yes

Cl Michaels Yes

Cl Hattery Yes

The board reviewed the SEQR form in connection with the application of Nicholas Bellisario.

RESOLUTION #49 – NEG SEQR DEC – NICHOLAS BELLISARIO

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

WHEREAS,

A. The proposed action involves consideration of the application of Nicholas Bellisario d/b/a Pro Law, to construct and operate a self-storage facility consisting of four 20′ x 120′ pre-engineered structures at 15 Oakbrook Drive.

B. The proposed action is an Unlisted Action for which the Town Board of the Town of Dryden is the lead agency for the purposes of uncoordinated environmental review in connection with approval by the Town.

C. The Town Board of the Town of Dryden, in performing the lead agency function for its independent and uncoordinated environmental review in accordance with Article 8 of the New York State Environmental Conservation Law – the State Environmental Quality Review Act “(SEQR), (i) thoroughly reviewed the Short Environmental Assessment Form (the “Short EAF”), Part I, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, (ii) thoroughly analyzed the potential relevant areas of environmental concern to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR §617.7(c), and (iii) completed the Short EAF, Part II;

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

1. The Town Board of the Town of Dryden, based upon (i) its thorough review of the Short EAF, Part I, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, (ii) its thorough review of the potential relevant areas of environmental concern to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR §617.7(c), and (iii) its completion of the Short EAF, Part II, including the findings noted thereon (which findings are incorporated herein as if set forth at length), hereby makes a negative determination of environmental significance (“Negative Declaration”) in accordance with SEQR for the above referenced proposed action, and determines that neither a full Environmental Assessment Form, nor an Environmental Impact Statement will be required, and

2. The Responsible Officer of the Town Board of the Town of Dryden is hereby authorized and directed to complete and sign as required the determination of significance, confirming the foregoing Negative Declaration, which fully completed and signed Short EAF and determination of significance shall be incorporated by reference in this Resolution.

2nd Supv Trumbull

Roll Call Vote Cl Stelick Yes

Cl Christofferson Yes

Supv Trumbull Yes

Cl Michaels Yes

Cl Hattery Yes

Cl Michaels said he had some concerns about the Bellisario approval. He said he believed a substantial amount of the property owned by the applicant was being modified and the mitigation plan contemplates an addition, and it is not clear whether that will be constructed now or at some time in the future, but it seems the entire site is being modified. Clearly a lot of fill has been added and clearly a lot of demolition work has been done in terms of trees. He said he does not feel the board has been presented with a mitigation plan for the entire site. He is also concerned about how much of the work was started before the application was made and has continued thereafter. The work done was represented as not being part of the property that the approval was sought for, and he doesn’t necessarily agree with that. He said he does not know what the plans are for the entire site and is not confident the board is seeing a mitigation plan that reflects the entire site. Under those conditions he feels the request to delay the approval is reasonable, and at this point he is not inclined to approve the permit on the sole issue that it is part of the entire plan for the whole project. With certain conditions he would be amenable to approving a plan for the entire project and thinks that some of the issues can be mitigated, but he doesn’t feel they are seeing the plan for the whole site.

D Putnam said the stormwater plan addresses the whole site, but the other part of the proposal specifically addresses the storage buildings. The stormwater law states you are not supposed to segment the plan, but look into the future and plan for that. What the applicant is saying in the application is that the only other real plan for the site is an addition to the back side of the shop on top of the hill and that has been addressed.

Cl Michaels said he thinks there is a resolution to the issues with the neighbors to the extent that the board can impose, but he still feels they are not seeing the plan for the whole site.

D Gross said the original proposal that came in May was just for the smaller site, and the disturbance based on that proposal was likely to be less than an acre, which meant that a DEC style stormwater plan wasn’t required, but it was on seeing the amount of disturbance that is going on on the full site that triggered some concern. As a result of that, the applicant has been cooperative working with two engineers to get a stormwater plan done, and that stormwater plan has considered the full site, all of the conditions before the applicant started and all of the conditions now. She pointed out that the steep slope must be re-vegetated as part of the plan. She asked the applicant if the reason for the original re-grading was to expand the area on top for additional parking, he said it was. She asked if there were intentions to continue that and applicant said there were not and it had been 80% re-vegetated. D Gross said she thinks that the plan does look at the full site. She suggested when the Town considers a stormwater ordinance in the future there could be a stipulation saying that existing vegetation shall be maintained to the extent possible, but there is not one in place now.

Cl Michaels said he thinks there are a lot of conditions that would have been put on this development and site, not the least of which being that existing vegetation should not be disturbed as part of the stormwater management plan. The work was done prior to coming to the board and he is uncomfortable with that, and would not be troubled by delaying approval of the application. Cl Christofferson said he didn’t know what else the board could get with a delay that would help him, that studies have been done, and they are close to getting terms amenable to each party. This is the second opportunity to present information and he is in favor of moving forward. Cl Michaels said he has visited the site and he does not think it is unreasonable to do both the wooden fence and trees.

RESOLUTION #50 – APPROVE BELLISARIO SPECIAL PERMIT

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

RESOLVED, that this Town Board hereby approves the special permit application of Nicholas Bellisario d/b/a Pro Law, to construct and operate a self-storage facility consisting of four 20′ x 120′ pre-engineered structures at 15 Oak Brook Drive, subject to the following conditions:

1. Standard Conditions of Approvals (7-2000);

2. To be operated as a daylight only facility with no outside lighting;

3. Applicant will construct a 6′ wooden fence and plant and maintain trees (6′ at planting and 12′ at maturity) between applicant’s property and property of Susan Boutros along the driveway extending the length of the property to the chain link fence surrounding applicant’s facility. The screening plan (prepared by a landscape designer) must be approved by the Town Board.

4. Applicant will maintain existing vegetation to the extent possible.

2nd Supv Trumbull

Roll Call Vote Cl Stelick Yes

Cl Christofferson Yes

Supv Trumbull Yes

Cl Michaels No

Cl Hattery Yes

Cl Michaels said if the board now had the things it is waiting on, he probably would have voted yes.

CITIZENS PRIVILEGE

None.

HIGHWAY DEPARTMENT & DPW

Jack Bush displayed drawings prepared by Trowbridge & Wolf of changes he would like to see around the town hall and highway buildings. These include increased plantings of trees and re-arrangement of parking spaces. Parking in front of the town hall building would be eliminated and a grassy area would be installed, as well as in front of the highway department building. They have previously planted trees in the area between the town buildings and Empire Livestock buildings. They hope to eventually have a salt storage building, but have been holding off on that until they are sure of where the town hall is going. Once that is determined they will move forward with their plans.

COUNTY BRIEFING

Mike Lane said the County Board meets twice a month and at each meeting there is time set aside for any municipal official who wants to address the legislature regarding relevant issues and invited the board to take advantage of that.

Northwest Airlines will now be flying out of the Tompkins Regional Airport and tickets are now on sale for flights beginning in May. There will be two flights in bound and outbound every day to the hub at Detroit which will provide western connections including to the Pacific rim out of Ithaca, which has been lacking for some time. Tompkins County was able to get them to come to this airport by giving them some benefits and guarantees in the first year. They have developed a public-private partnership with businesses, the County, and Cornell University to guarantee them approximately $270,000 the first year. The County believes there will be enough business recaptured to cover that. Cornell University has agreed to insure that it directs over half a million dollars worth of its air traffic for various things through Northwest. Any other airline that wanted to do the same things on the same terms would be able to do that. They don’t think it is competing with US Airways and their contract is up for renewal next year. To day the County has not had to put forth much which could be deemed a subsidy from the local taxpayers. He said about 61% of the air traffic that could be flying out of Ithaca goes to Syracuse, Binghamton or Elmira, but expect to be able to recapture some of that as the prices have come down substantially and are very competitive.

The Government Operations Committee will be looking at some of the tax exemptions are available including veterans exemptions, senior exemptions, exemptions for disabled, etc. They will be sending letters to the Towns about the maximums they can institute should they wish to do so.

M Lane said he chaired a meeting Tuesday night for the property owners in the sewer district north of the Village, and thanked Supv Trumbull and Cl Stelick for attending along with Mayor Taylor of the Village for being available to answer questions. This was not an official meeting, and was done to try and take a look at the issue of whether or not annexation should be proceeding piece-meal or whether it should be done as a district. Letters went out to 35 property owners in the area and about 20 attending the meeting. It was a good airing of issues about the problems with the sewer plant in the Village, the need for water extensions, the past annexation of the DOT parcel, the proposed annexation of the Dryden Mutual parcel, services provided in the Village, tax rates, costs and potential costs for the construction of water or sewer lines in the area. He said nothing was resolved at the meeting, and property owners were encouraged to contact their attorneys, the Town or Village, or M Lane to see what the next step would be.

He noted the agenda included discussion of a county tax collection proposal and said there is no county tax collection proposal. Supv Trumbull asked if the County saw a problem with the existing method of tax collection. M Lane said this comes from the committee that has been working to ascertain cost savings to county/town residents. They have also looked at highways, police protection, courts, co-insurance, etc. One of the issues that came up from discussion was the process for tax collection that we have at the present time and whether or not there is a less expensive way to do that. That issue was refered to the County Government Operations Committee to simply gather information. In December he sent a letter to the Supervisor requesting information on what it costs the Towns to do tax collection. They intended to compile that information and take it back to the intermunicipal group with information of what it might cost if it was contracted out. He said apparently this has become a political issue and he has heard from a number of municipal officials that the Town Clerks have taken this as a county proposal to take over tax collection, which is an affront to their jobs and to the services that they provide as tax collectors in their municipalities. He said that is not what this letter is about. It’s about gathering information. To change what we have now would probably require state legislation to begin with.

M Lane said the tax collection system is quite archaic and some of the taxing authorities have gone to less expensive and less complicated taxing. The Ithaca City School District contracts with the Trust Company to collect its taxes and Dryden Schools contracts with the Dryden Bank to collect it taxes. He said the County goes through a cumbersome two or three stage process of the County printing the bils, the Town Clerks sending them out, warrants being issued, satisfaction of the warrants to the Towns first, then to the County, then the taxes being returned by the clerks to the County. The County making whole the towns, school districts and the Villages for unpaid taxes, and then the County doing foreclosure for unpaid taxes if necessary. He said this is a system that provides a lot of services, and people have someone at the counter to talk to about it.

M Lane said he doesn’t think gathering information for a municipal group should be taken as any kind of threat to anybody. He said tax collection procedure is mandated in the state Real Property Tax Law and exactly how it would be changed if they decided to do it, he wasn’t sure. The tax collection procedure is left over from the old Board of Supervisors, where the County was run by the elected Supervisors of the Towns and also separately elected supervisors from the Cities. It made sense in that type of government, but he says he thinks it is archaic and cumbersome. M Robertson said she is in favor of saving the taxpayer money, and regardless of where it resides, if it is more efficient and saves money that is the goal and a benefit to the citizens.

M Robertson said one of the tax exemptions that they are going to look at this week is one for a family who fixed up their home for their disabled daughter, for the renovations made to their home to accommodate her.

The budget and capital committee heard from the committee who has been looking at income tax as a possible way to off-set property taxes. She said the people on the committee are business people and accountants and there are real pros and cons to it. This would not be on top of current property tax. They would only be looking to do this if it replaced a certain amount of property tax. It would change the distribution of who is paying more. They are also looking at a payroll tax that would help broaden the tax base for the County, as there are more than 13,000 that commute into the County to work. They will be working the numbers and report again.

ENGINEERING

No report.

RECREATION

Board members have a copy of the monthly report. J Staton said she would not be doing anything with the ice rink for this year because by the time they got the rink put together for the court at Montgomery Park and filled it would be March, and it was more money than was budgeted for this year. The summer concert series will be eight weeks instead of six this year and will begin in June with the Burns Sisters.

The first Club Dryden was held this past Saturday at the Dryden Middle School. The Dryden Youth Opportunity granted $450 to help fund this. There was a $5 fee for children who are not residents of the Town or attend Dryden schools (13 in attendance). A total of 240 children attended the event. All indications are this was a huge success. They hope to make this a quarterly event.

Cl Stelick said the Dryden Recreation Commission, through SUNY Cortland’s Rec & Leisure Studies, is conducting a telephone survey of the needs of the Town of Dryden residents as far as recreation opportunities. This is more geared toward adult recreation and is a ten-minute survey. They have randomly selected an equal number from each of the voting districts in the Town to get an idea of the needs of the Town’s residents. Calls will begin on February 14 and they will have the results of the survey within 2 months.

Cl Stelick said he would like a town committee established to look at the recreation opportunities in the Town and would like that committee to consist of himself, Jennifer Staton, Debbie Gross, and representatives from each of the town’s centers (Ellis Hollow Community Center, etc). He would like them to meet and come up with a plan for recreation for the Town because it is not specifically addressed in the comprehensive plan other than to say the town is under with respect to recreational areas. He said there were good questions brought up at the last board meeting and he would like to address them properly. Cl Christofferson said the recommendation for our population is somewhere between 80 and 100 acres of town-owned recreational land and we have about 15 acres, so by national standards we are under. Cl Stelick asked Cl Michaels to also serve on this committee. Cl Hattery said he believes the comprehensive plan essentially says we need a recreation plan. Cl Michaels said it has been talked about with increased frequency since he has been on the board, and Cl Christofferson reviewed what was in the comprehensive plan.

ATTORNEY

Atty Perkins has previously provided the board with copies fuel depot agreements between the Town and Neptune Hose and the Town and Dryden Ambulance. He and the Highway Superintendent have worked on these and would like the board to authorize the Supervisor to sign them.

RESOLUTION #51 – AUTHORIZE SUPERVISOR TO SIGN FUEL DEPOT AGREEMENTS

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

RESOLVED, that this Town Board hereby authorizes the Supervisor to execute fuel depot agreements with Neptune Hose Company No. 1 of Dryden, Inc. and Dryden Ambulance, Inc.

2nd Cl Hattery

Roll Call Vote Cl Stelick Yes

Cl Christofferson Yes

Supv Trumbull Yes

Cl Michaels Yes

Cl Hattery Yes

Atty Perkins said he had sent the board a memo on the outstanding issues with Tectonic and said he thought the big issue was the geographical restriction and asked the board for their guidance. Jeff Kirby of Tectonic was present and discussed the issue with the board. His recommendation was that the geographic restriction be limited to the Town or an adjacent Town and less than two miles from the Town of Dryden boundary. He said the reason for that was that a telecommunications facility located more than two miles from the Town boundary would have no impact on the services provided by that carrier within the Town because the signal doesn’t carry that far. In response to a concern from Cl Christofferson J Kirby said they certainly would not represent the Town and an applicant to the Town at the same time. He said if the Town feels that it is not getting an appropriate level of service from them, he would expect the contract to be terminated. Tectonic has several agreements with other municipalities and none of them have the raised the issue to this degree.

Atty Perkins said there is language in the contract that requires Tectonic to advise the Town with respect to anybody who might have a potential application for a project within whatever geographical area is agreed on, and they have also promised not to have anyone working on stuff for the Town who is also working for a carrier who has an application before the Town. He said it really comes down to making sure that they don’t take any work within a certain geographical area so they can make sure that personnel is far enough removed from the Town. Atty Perkins said a reasonable compromise would probably be within the Town of Dryden and any adjacent Towns and the board and J Kirby agreed. Atty Perkins will make the changes in the contract.

RESOLUTION #52 – AUTHORIZE CONTRACT WITH TECTONIC

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

RESOLVED, that this Town Board hereby authorizes the Supervisor to sign an agreement with Tectonic Engineering and Surveying Consultants, PC for telecommunication consulting services, pending approval of the Town Attorney.

2nd Cl Christofferson

Roll Call Vote Cl Stelick Yes

Cl Christofferson Yes

Supv Trumbull Yes

Cl Michaels Yes

Cl Hattery Yes

Atty Perkins said he e-mailed to the Board on January 21 a draft of an agreement between the Town Board and the Highway Superintendent so that he could make arrangements for the use of Town-owned highway machinery, tools and equipment. J Bush is satisfied with the form of it.

RESOLUTION #53 – APPROVE AREEMENT FOR USE OF TOWN-OWNED HIGHWAY MACHINERY, TOOLS OR EQUIPMENT

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

RESOLVED, that this Town Board hereby approves the Use of Town-Owned Highway Machinery, Tools or Equipment Agreement between the Highway Superintendent and the Town Board.

2nd Cl Stelick

Roll Call Vote Cl Stelick Yes

Cl Christofferson Yes

Supv Trumbull Yes

Cl Michaels Yes

Cl Hattery Yes

Atty Perkins said he understands that the Town has a contract signed with Empire Livestock and there is a provision that it is contingent upon the Board holding a public meeting within 30 days. The acceptance date for purposes of this is February 2 so it would be appropriate to schedule that meeting sometime prior to March 4. After discussion, the board decided to hold the meeting on March 3 at 7:00 p.m. at the Village Hall.

Atty Perkins has reviewed agreement with Cornell Cooperative Extension for youth services and made some changes. Cl Stelick noted $43,000 of the $53,294 is for personnel expenses, leaving less than $10,000 that actually goes to programming expenses. This contract covers the Youth Conservation Corps and some other programs offered to youth in the Town. This has been provided for in the budget. The board would like a presentation on this program. Cl Hattery asked if this could be merged with the Recreation Commission. M Robertson said the youth services department of the County has a funding stream that goes to the Youth Commission activities, but not to the recreation side, and that could be a complication. Cl Michaels said he would like more information on what they provide.

Atty Perkins said the Supervisor has received Amendment #2 to the contract for the Virgil Creek Stabilization Project which extends the deadline for completion to September 30, 2005, and said the board should consider a resolution to authorize the Supervisor to sign it.

RESOLUTION #54 – AUTHORIZE SUPERVISOR TO SIGN AMENDMENT

TO VIRGIL CREEK STABILIZATION PROJECT AGREEMENT

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

RESOLVED, that this Town Board hereby authorizes the Supervisor to sign Amendment #2 to the Agreement for the Virgil Creek Stabilization Project.

2nd Cl Stelick

Roll Call Vote Cl Stelick Yes

Cl Christofferson Yes

Supv Trumbull Yes

Cl Michaels Yes

Cl Hattery Yes

Atty Perkins said with respect to the Sapsucker Woods Road matter, the title concerns have been addressed and there is still the outstanding issue of the trees that were planted where they weren’t supposed to be. J Bush said he has met with a representative of Cornell and they drove along the roadway and identified the trees. Cornell has agreed to transplant the trees in the Spring, so it looks like we will be able to move along.

ZONING OFFICER

ZO Slater said along with the amendment to the agreement for Virgil Creek, we have also been advised that the money that had been withheld will be forthcoming. FEMA will be sending a check for everything that is owed. There is a meeting scheduled for Monday with ZO Slater, J Bush, D Putnam and some others to decide to how proceed with the last portion of work on the creek.

Earlier this year Cl Hattery, D Gross, Barbara Caldwell, Oers Kelemen and ZO Slater began meeting about continuing education for the Planning Board and Zoning Board of Appeals. They have a pilot put together that proposes a training schedule, topics, etc. to allow each person to conform with the requirement.

The Planning Board’s hearing on the Comprehensive Plan will be February 17 at the fire station. Atty Perkins said once the Planning Board has held its public hearing and recommended to the Town Board that it be approved, the Town Board has 90 days in which to hold a second public hearing because it has delegated the responsibility of preparing it to the Planning Board. The Town Board may then adopt it or send it back or modify it. The Planning Board will do SEQR before recommending it to the Town Board. D Gross expects the Planning Board to send it to the Town Board in April.

ENVIRONMENTAL PLANNER

D Gross distributed copies of the draft Comprehensive Plan to board members. She encouraged board members to review it and comment either at the public hearing or directly with her.

The trail consultant has put together a contract including a detailed task list, fee proposal, and an agreement with the Town. The agreement is still under negotiation to correct some of the language. Supv Trumbull and Cl Hattery have seen the task list and fee proposal and feel comfortable with them. D Gross did check with another municipality that has had trail consultants and asked if the cost seemed reasonable and they said that it seemed reasonable. She asked the board to authorize the supervisor to sign the contract once the language was resolved. D Gross noted the cost is not to exceed $25,000. She also noted that if the project should end up costing more than the amount allocated ($102,500 through DOT and $45,000 Town match) the Town will need to prepare to pay for it or have underway applications for additional town funds, because DOT will not expand what it will pay and will want to see the project finished. Cl Hattery added that the consultants said it was very typical to be in negotiation process with DOT at the end, and if DOT likes the work being done they often will do an addendum to a project.

RESOLUTION #55 – AUTHORIZE SUPERVISOR TO SIGN TRAIL CONSULTANT CONTRACT

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

Whereas, the Town of Dryden has received Federal Transportation Enhancements funding for the development of a bicycle/pedestrian trail on the former railroad bed between the Villages of Dryden and Freeville, and

Whereas, such a trail would be an extension of the existing Jim Schug Trail and would provide an alternative transportation route between the two villages, and

Whereas, the Town desires to investigate the feasibility of this trail and develop a preliminary design in cooperation with the Villages of Dryden and Freeville and the private landowners along the proposed route, and

Whereas, New York state Department of Transportation’s procedures for Locally Administered Federal Aid Projects requires preparation of preliminary design by a licensed Engineer or Landscapte Architect, and

Whereas, by resolution No. 177 (2004) the Town Board has selected as Trail Consultant the firm Barton and Loguidice, with subconsultant Northeast Greenways, and

Whereas, Barton & Loguidice has developed a detailed task list for the project, fee proposal, and such documents have been revised by Supervisor Steven Trumbull, Councilman Michael Hattery, and Environmental Planner Debbie ross, and

Whereas, the fee proposal identifies costs based on tasks, estimated hours required, hourly rates, direct non-salary costs, DOT approved overhead, and a fixed fee, and

Whereas, the fee proposal identifies costs based on tasks, estimated hours required, hourly rates, direct non-salary costs, DOT approved overhead, and a fixed fee, and

Whereas, the fee proposal determines that the maximum amount payable is $25,000, and

Whereas, the final Agreement with the trail consultants is nearly complete, but some issues remain to be resolved, and

Whereas, it is desirable to move this project forward in a timely manner, given that the original obligation of funds by NYSDOT was in 1996,

Now, therefore, be it resolved that:

The Town Board authorizes Supervisor Trumbull to sign the contract with the trail consultant once the contract has been approved as to form by the Town Attorney.

2nd Cl Stelick

Roll Call Vote Cl Stelick Yes

Cl Christofferson Yes

Supv Trumbull Yes

Cl Michaels Yes

Cl Hattery Yes

Board members have a copy of the proposed contract with the Town of Caroline for environmental planner services. D Gross has suggested to the Town of Caroline that in the long term they may want to find someone else who will have more time for them, and said this contract may cover a transition time. She is comfortable with the contract.

RESOLUTION #56 – APPROVE ENVIRONMENTAL PLANNER AGREEMENT

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

RESOLVED, that this Town Board hereby approves the agreement with the Town of Caroline for environmental planner services, and authorizes the Supervisor to execute the same.

2nd Supv Trumbull

Roll Call Vote Cl Stelick Yes

Cl Christofferson Yes

Supv Trumbull Yes

Cl Michaels Yes

Cl Hattery Yes

D Gross said there was a meeting to review the results of the test well drilled at the outlet of Dryden Lake. Todd Miller of USGS gave a presentation and they discussed what direction the remainder of the aquifer study should take based on the results and how should additional funding be used. There was some discussion about whether the well should be developed as a water supply, or should they maintain a broad focus on the whole aquifer area. She said the decision seemed to be to continue to explore the broader area. Cl Hattery said he was surprised they were talking about producing wells at all, because he thought the intent was to characterize the aquifer so it could be better protected. D Gross said that was the intent, but they were excited about the discovery of a very high yielding well and wanted to see if there was interest in a more in-depth study of the sight.

D Gross said they were hoping that an outcome of the studies would be a model that would show the direction of flow, etc., and they are not sure they will be able to generate that model because the data may show that the terrain is too complex to have a model that really accurate. Some of the funding was for that model, and she said we may want to ask them to rethink what the best direction to proceed would be. She suggested that the recharge areas could be mapped to the extent possible so those areas can be protected.

M Lane said with respect to the aquifer studies, the hope of the County was that eventually the towns would enact ordinances that would protect the aquifer, such as Cortlandville has done.

D Gross said Tompkins County has sent a letter to municipalities offering to help compile an intermunicipal application for funding. A project the Towns of Danby and Caroline and the County have discussed is a conservation and management plan for an area called the forest lands mapped out on the Tompkins County Comprehensive Plan. It spans the towns of Danby, Caroline and Dryden and they are asking if Dryden has any interest in being involved in the grant application. Thoma Associates think there is a greater chance of funding for an intermunicipal project than for a town alone project. She provided the board with a summary of the project proposed by the county and said they could get back to her on whether the Town would like to be involved.

A letter has been received from the Finger Lakes Land Trust. There is a parcel of property for sale along Fall Creek that is for sale (northeast of Freeville). It is a very narrow, long strip of land, mostly in the flood plain. The Land Trust might think of it as an important parcel for conservation because it is in the flood plain. Andy Zebb said if there is interest on the Town’s part, they would be interested in exploring whether a partnership between the Land Trust and the Town might ultimately put this in Town ownership. They are currently working with Freeville on the acquisition of 52 acres bordering Fall Creek and the Freeville Board has unanimously endorsed the project and will be holding a public hearing prior to proceeding. D Gross asked if perhaps the Town has some interest in contributing some funding to purchase these lands that have high conservation priority. D Gross said if the board is interested she can make a map of the site, and they asked her to do that.

DISCUSSION

Thoma Development is preparing an application for funding for the Town through NYS Department of State Quality Communities Program for money to fund a recreation master plan. This would include the two villages and the hamlets in the Town. The Supervisor needs authorization to apply.

RESOLUTION #57 – AUTHORIZATION TO APPLY FOR FUNDING UNDER THE

QUALITY COMMUNITIES PROGRAM

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

RESOLVED, that this Town Board hereby approves the Thoma Development application for the Town of Dryden to New York State’s Department of State for funding under the Quality Communities Program at an amount not to exceed $25,000.

2nd Cl Christofferson

Roll Call Vote Cl Stelick Yes

Cl Christofferson Yes

Supv Trumbull Yes

Cl Michaels Yes

Cl Hattery Yes

Supv Trumbull said Ron Flynn has brought to him the bill introduced by Assemblyman Jeff Brown providing tax breaks and other incentives to encourage emergency service volunteerism. Cl Hattery said he is supportive of bills that provide these kinds of encouragements to firefighters. He has had time to look closely at this particular bill, and it is hard to determine what the actual level of financial benefit would be. Cl Christofferson said it doesn’t mean that we have to do it once we do see the financial implications.

RESOLUTION #58 – SUPPORT LEGISLATIVE BILL FOR EMERGENCY SERVICE INCENTIVES

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

RESOLVED, that the Town of Dryden is in full support of the Legislative Bill introduced by Assemblyman Jeff Brown (R-Manlius). This Bill offers tax breaks and other enticements to encourage firefighting and emergency service volunteerism.

2nd Cl Stelick

Roll Call Vote Cl Stelick Yes

Cl Christofferson Yes

Supv Trumbull Yes

Cl Michaels Yes

Cl Hattery Abstain

Supv Trumbull displayed a suggestion from a Dryden High School history class for the signs to be put up by the Chamber of Commerce. The slogan is “it’s all here”. M Lane said he came up with a short motto: “Welcome to Dryden – Knowledge, Family, Community”. Supv Trumbull will check with the Chamber to see if they want pictures in addition to words.

RESOLUTION #59 – APPROVE ABSTRACT #2

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

RESOLVED, that this Town Board hereby approves Abstract #2, as audited, vouchers #35 through #125, totaling $594,671.31

2nd Cl Christofferson

Roll Call Vote Cl Stelick Yes

Cl Christofferson Yes

Supv Trumbull Yes

Cl Michaels Yes

Cl Hattery Yes

D Putnam said TG Miller has submitted a proposed bill for mapping for the property the town may purchase from Empire Livestock. They have 1994 aerial photographs of this area and can map the proposed acquisition, the houses up the hill, and the wetlands that Neptune Hose Company owns. $2300 would be for turning the photographs into a map, ground control is $800 and there would be some additional field work required around the town hall to update the map. He said there can be quite a time lag in the mapping, and he would like to discuss it with the board. If the Town is going to do anything with the land, it will have to pay a surveyor to go out and create this by hand, which would be about $1,300 for two or three acres, and they can do the whole parcel for $2,300. This would include a topographic map. This could be used for planning a trail and would be helpful for the regrading. The architects will need this information and it will be helpful for planning for salt storage.

Atty Perkins said the contract with Empire provides that they will provide a boundary line and occupational survey, and he thinks D Putnam should be lobbying them for their work and giving the Town a price for the rest of the work the town will need, including the topographic map. D Putnam said this would not be for the boundary work. Cl Christofferson said he is not sure what the Town will need yet. D Putnam said NYS wage rate will play a part in this and they will be able to save the Town some money in that regard. The aerial photograph mapping is about $30 an acre and for them to update the area around the town hall is $1300. This will help in determining where to site the building.

Atty Perkins said there is a 30-day window in which the Town has to hold a public hearing, and there is also a procurement policy that must be abided by. The board took no action tonight. Cl Michaels said this could wrapped in with a landscape architect to plan the site.

On motion made, seconded and unanimously carried, the board moved into executive session at 10:40 p.m. to discuss a matter of litigation. They moved back into regular session at 10:55 p.m.

RESOLUTION #60 – RE-RELEASE NOTICE ON GOLF COURSE

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

RESOLVED, that this Town Board hereby authorizes the Supervisor to re-release the press release indicating the Town’s willingness to partner with someone who is intersted in purchasing the golf course for certain specified public purposes.

2nd Cl Christofferson

Roll Call Vote Cl Stelick Yes

Cl Christofferson Yes

Supv Trumbull Yes

Cl Michaels Yes

Cl Hattery Yes

On motion made, seconded and unanimously carried, the meeting was adjourned at 10:57 p.m.

Respectfully submitted,

Bambi L. Hollenbeck

Town Clerk