Minutes of June 9, 2005

TOWN OF DRYDEN

TOWN BOARD MEETING
June 9, 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 7:10 p.m. and led board members and guests in the pledge of allegiance.

CITIZENS PRIVILEGE

Millie Norton thanked the board for the interest it had expressed in supporting the golf course and gave an update on that situation. The mortgage holder, George Szlasa, took possession of the property in March and is trying to sell it. A group of interested people realized that the course would not be able to continue as a golf course unless it was maintained and approached Mr Szlasa with a proposal, which he accepted, and on April 28, 2005, they took possession of the property. This group is composed of 22 senior citizens who put some money together and used it as their seed money to start a Limited Liability Company. They have obtained insurance (including workers compensation though they have no employees). There are 23 people volunteering in the club house and three on a sub list. Twelve people work on the grounds (2 of them are not senior citizens). The group is dedicated to preserving the natural beauty of the area for the people of the area and feel passionately that it should be kept as an open space for everyone to enjoy. It would be unfortunate for it to become a housing development. The people of the community have responded with gift of labor and money and shows what can be done when a lot of people who have a common cause work together.

The property is up for sale and some people have been through to look at it, including a man from Nevada who appears to be interested. They currently have four leagues and open golfing.

An open house will be held June 18 at the course and the public is encouraged to visit the course. M Norton said you don’t have to be a golfer to go out and enjoy the view from the back deck. They have a limited amount of food (snack items) available, but you can bring a picnic lunch and enjoy the view. Michael Lane will act as master of ceremonies for the open house. There will be a short program and free golfing that day from 11:00 a.m. to 4:00 p.m. People are always there who will take visitors around and show them the course. People are coming from surrounding communities to golf and as they go through Dryden they are stopping at other businesses. The group feels it is a valuable asset to the community.

The group is thankful for the encouragement they have received from the board and for any support they can give any potential buyer. Their goal has been to keep the course open and in good shape to help attract buyers. Mr. Szlasa has had a new roof put on the club house and has increased the asking price to $499,900.

Supv Trumbull said he has heard nothing but positive accolades about the efforts of the group. Cl Stelick said he applauds the group and has not forgotten them. The study the Town had prepared was recently loaned to someone who may be interested. M Norton encouraged the board to stop in and visit. Dan Hill said the group had decided that if a buyer does surface, they will stay on and assist the buyer with getting started.

Cl Hattery pointed out the Board had said in a press release that the Town has some interest both in winter recreation and an easement and that offer holds. The Town is willing to partner with someone to purchase an easement.

Mike Talarski, of 554 Fall Creek Road, said as a follow up to last month’s meeting: ” A committee of three was chosen to review electrical inspectors in the Town of Dryden. I would like to state this is not about licensed electricians. This is about quality electrical inspectors. If you think the Town of Dryden has qualified inspectors you might want to ask Tony Prudence from F & T Distributors why he had to spend $35,000 on electrical corrections on a $78,000 electrical job, where the electrical inspector from Atlantic Inland found zero National Electrical Code violations. The same contractor is doing work at George Jr. Republic. Is the Board prepared to tell the parents of the 14 residents in the new cottage that we were told we may not be getting quality electrical inspections, but it is okay for your children to sleep there? Would you sleep there?

Like I said, this is not about licensed electricians. I represent 189 members; only nine of them are licensed to work in the city of Ithaca. We work with contractors that are licensed. By the way, 16 of my members live in the Town of Dryden. This is about certified electrical inspectors, which will do quality inspections for our homeowners and our business community.

Certified electrical inspectors do not cost more than non-certified. Improperly installed electrical work can kill entire families.

Thank you for your time. I will be looking forward to hearing about the end results of how you will ensure the Town of Dryden community will receive quality electrical inspections?”

Supv Trumbull told M Talarski that ZO Slater would speak regarding this matter later tonight. The committee hasn’t made a decision.

COUNTY BRIEFING

Mike Lane said what the board heard tonight about the golf course demonstrates that there is a real interest by the community in the golf course. For those that wondered how important this resource was in the community, this is proof. He said golf courses and cemeteries should be part of open space planning and both add to the character of a community the same as farms are part of open space and are a part of what makes a town’s landscape beautiful.

He noted the county legislature had recently approved a new property tax exemption for historic barns though there aren’t many barns that would qualify for this exemption. There would be a limited exemption for improvements to the property over a ten-year period.

There is a new exemption for property owners who have improved their property in order to keep a disabled family member at home. This would apply to the value of the improvements made.

A public hearing has been scheduled for increasing the veterans’ exemption. There is a basic exemption for veterans and additional exemptions for combat and/or disabled veterans. The base has been at $9,000 for several years and the County is proposing to raise it to $15,000. This is being considered because of the increase in the number of veterans.

M Lane said TC3 is moving forward with its construction of an addition which will include a field house, gymnasium and class rooms, which will free up more space in the main building. After a three year delay there is finally money allocated by the state legislature, but the problem is the State Dormitory Authority doesn’t have the cash because enough bonds have not yet been issued and the money will probably not be available until Spring 2006. TC3 wants to begin construction and discussions are under way about whether the two counties can find a way to front the money for them so they can begin construction. Attendance at the college has increased and the last two semesters TC3 has had to have a dormitory program at the Holiday Inn in Cortland.

M Lane said there is group called Reality Check sponsored by Cornell Cooperative Extension that teaches kids about the problems with cigarette company advertising and how it is used in movies, magazines, etc to attract young people to cigarettes. The kids have done a lot of research and have an exhibit at the Polka Dot Gallery on Main Street in Cortland until mid-July. He encouraged the public to visit the exhibit.

Cl Hattery said as far as he knew the moratorium on new construction in the Cortland Road Sewer District has not been lifted, and one of the points the Town and Village have been trying to make is that the biggest driver of demand and expansion within the Cortland Road Sewer District has been TC3. The dorms which were not planned for when the district was formed and now this additional expansion of the school, is causing a unique kind of load and there is a need for an interceptor line to specifically handle the growth at TC3. He said he knows in other cases the State steps in and helps with unique infrastructure costs for state facilities, and he doesn’t think that until there is some relief for that expansion there will an ability to accommodate the expansion. There is already a moratorium on increased flow in the district.

Town and Village representatives have spoken with Senator Seward and Assembly-woman Lifton about this. Cl Hattery said the message needs to be conveyed more clearly to TC3, and if the County is thinking about being a partner, this is a very important point that needs to be resolved. The Board asked M Lane to become involved the discussions and he agreed to do so. The estimated cost for improvements to the sewer plant are presently at 4.1 million dollars.

M Lane thanked the Supervisor for the letter he wrote recognizing the problem with the intersection of Route 13 and Brown Road and Sapsucker Woods Road.

Martha Robertson said that Karen Bishop, Supervisor for the Immunization and Internal Care Unit of the Health Department, received a state-wide award that is given each year to one individual in the state in recognition of outstanding dedication and service for immunizations. Mike Stamm of TCAD won the Economic Developer of the Year Award from New York State, recognizing the economic development progress that has been made under his leadership.

The County Health Department has been very busy with the onset of the construction season and necessary sewer and water inspections and they say that figures are approaching the peaks of 1988-1990. There are a lot of new systems to inspect and staffing is down, so they are very busy.

In budget matters, the Health Department reports that reimbursements from state funding will be stable this year. Bioterrorism funding was renewed at its current level.

Tuberculosis screening was a recent topic of discussion as there are currently approximately 50 latent cases and 4-5 active cases in Tompkins County. People may not know they have a latent case without screening. Active cases require testing of all people who have come in contact with the infected person, in addition to daily visits from a county health nurse who must watch them take their medication. Cornell will now require that people coming into Cornell from other countries have tuberculosis screening done in this country.

With respect to the Department of Social Services budget, at this point they have seen a fairly low level of Medicaid spending this year (below the projected), and it is possible that it has to do with the State changing software for reports and billing and they have been having problems getting it to work correctly. It may turn out that there is a backlog of cases that have not caught up. The State budget this year did include a cap on the local share of Medicaid. Any growth in Medicaid expenditures above 3½% next year will be picked up by the State.

Tompkins County Treatment Court will have a 5th anniversary celebration and commencement on Wednesday, June 15, 2005 at 2:00 p.m. at the County Courthouse. There will be a number of guest speakers including the Assistant State Attorney General, other state officials and former graduates.

M Robertson thanked Cl Stelick and Jennifer Staton for coming to the Ellis Hollow Community Center and meeting with various community center members to discuss the needs of the associations.

ENGINEERING

No report

HIGHWAY DEPARTMENT & DPW

Jack Bush said he has been contacted by people who are putting together a class reunion for Dryden School Classes of 1975 and 1980. They are having a gathering at Dryden Lake Park and would like to have a band there. He thought he should get an opinion from the board, as he is concerned it may create an issue with some of the neighbors around the lake.

Cl Stelick said there was amplified music at the Bicentennial Celebration at the lake, and one of the things the Rec Dept is looking at is having music at the lake in the future. He noted the lease with DEC for the park encourages recreational use. His opinion is they should be able to have music with some caveats, and suggested Mark Varvayanis as the closest neighbor should be contacted for input.

Cl Hattery said it would be wise to provide for some curfew and/or permitting process for gatherings at the lake in the future. It is more a public safety issue than a noise issue for large gatherings.

This group has received a permit reserving the pavilion and for a bonfire. There will be fire department personnel and a truck at the scene. Cl Stelick asked that J Bush meet with J Staton and Ron Flynn of the Fire Department and come up with a set of rules. Cl Michaels said if they have the requested the permits that are required, at some point we lack authority to put restrictions on something. He said it is worthwhile to take a look at enacting a local law for some sort of gathering permit. Cl Hattery said we don’t have legal standing because we don’t have a law in place, but they are asking for guidelines and the Supervisor can do that.

J Bush said they have finished the spring cleanup of the Virgil Creek Dam and he thanked the Village for their assistance with that project.

Paving season has begun and they have completed sections on Snyder Hill Road, Thomas Road and East Malloryville Road. They hope to begin June 20 paving Yellow Barn Road, Sapsucker Woods Road and Etna Road. They will also be doing some ditching on Cardinal Drive and Meadowlark Drive.

In July they plan to pave Mt Pleasant Road, do some drain tile work on Hungerford Road and do some paving on Hile School Road, Hall Road and Herman Road (small sections that have broken up over the winter).

They have been doing shoulder cleaning on some of the roads. This entails clearing the shoulder of the accumulation of sand from sanding the roads in the winter time, and the purpose is to get the water to run away from the edge of the pavement and into the ditch. If the material isn’t removed, in heavy rain events the water will run along the edge of the pavement and erode the shoulders. If the water soaks into the base under the pavement, it will cause the pavement to break up. This is one of the least expensive ways to lengthen the life of the road. They have also been cleaning the ditches along the roads. Gravel bases have been stabilized on sections of Caswell Road, Mohawk Road and Sapsucker Woods Road.

Scenic Way and Scout Lane are roads that were recently built and the Town accepted them based on a bond being issued to cover the cost of finishing them. The developer is trying to complete the road at this time, and rather than stone and oil the road as required by current town highway specifications, the developer will give the town a credit against the paving of the road. J Bush said a stone and oil road would typically last 3 to 5 years, then the Town would either repair the bad spots or pave the road. He said if the Town is going to pave the road in next 3 to 7 years, it may make more sense to pave the road now and have the developer credit the Town for what it would have cost him to stone and oil the road. This could be accomplished by an agreement in writing between the Town and the developer. The §284 agreement would need to be amended to add these roads.

J Bush said he like would the town highway specifications changed. Now a developer is required to stone and oil a road and he would like to have the road paved. Cl Hattery said he is in favor of this, though stone and oil may be sufficient in areas with less traffic. J Bush said he believes having all the roads paved will save the Town money in the long run and make the lots in a development more saleable. The Highway Committee will get together and discuss changing the highway specifications.

J Bush estimates the cost to pave Scenic Way and Scout Lane to be approximately $38,000, minus a credit of around $15,000 by the developer. Cl Hattery said from a taxpayer point of view it makes sense to have the developer bring it up to the standard we are going to maintain.

RESOLUTION #94 – AMEND §284 AGREEMENT

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

RESOLVED, that this Town Board hereby amends the §284 Agreement to add Scout Lane and Scenic Way for 2½” of type 1 or 3 hot mix paving at a net cost not to exceed $20,000 after a credit received from developer.

2nd Cl Hattery

Roll Call Vote Cl Stelick Yes

Cl Christofferson Yes

Supv Trumbull Yes

Cl Michaels Yes

Cl Hattery Yes

Cl Stelick said he and Supv Trumbull took a drive around the Town with the Highway Superintendent a few weeks ago and visited areas of concern. Cl Stelick said he was impressed with the tour and the equipment being used to care for the roads. He said the trip was very enlightening, well worth the time spent and helped him to better understand the amount of work that needs to be done. Current projects seem to be progressing smoothly.

M Robertson said she had heard from Ellie Reed that something was going to be done with the intersection of Mt Pleasant and Turkey Hill Roads. J Bush said she had requested a four-way stop at Turkey Hill and Mt Pleasant Roads. That request has been made in the past and the County has several reasons for not doing that, including a line of sight issue and the fear that someone will be rear-ended when stopping there. Changing the sight distance would involve acquiring property and probably moving a garage. He explained the Town will be changing the elevation of Mt Pleasant Road so there is a flatter grade for the cars stopping.

RECREATION DEPARTMENT

Jennifer Staton handed out invitations to the dedication ceremony of the Kenneth VanSickle Memorial Field on Wall Street in the Village of Dryden. The ceremony will be at 12:30 p.m. on Saturday, June 18, at the field, followed by the Kiwanis Baseball A League championship game.

J Staton explained that the Village of Freeville is not having their summer camp as they have in the past. The Village of Dryden will be taking the children that normally attend the Freeville camp. In the past Freeville has run a “Counselor in Training” program with their camp, but Dryden at last does not want to run that program with their summer camp. Freeville has agreed that Dryden should receive their portion of funding for summer camp, but it is undecided what should happen with the funding the CIT program. Supv Trumbull said he had received a letter from the Youth Commission explaining the request and how the amounts were to be allocated. J Staton said she did not believe the Dryden Camp Director wanted to run the CIT program and did not believe everyone involved was on board with the request. The board decided not to take action on this until a consensus was reached by all involved.

J Staton reported that she had met with Cl Stelick, Martha Robertson and representatives of the various community centers to get a feel for programs, ideas that they have, and requests for assistance. Cl Stelick said representatives from each community center attended and some great ideas came out of the meeting. One of the things that came out of the draft Comprehensive Plan and the recreation survey was to make the community centers more visible. Each center is unique and Cl Stelick said he was impressed with the presentations made by each center. He has asked J Staton to get going with the things that are within her budget and that she can do. There will be budget requests next year for improvements at the centers. He said this is critical with the size of the Town and the location of the population centers. The Ellis Hollow Community center is farther ahead than the others, but each has its own uniqueness and he would like to see each one expanded. They will be meeting more in the upcoming months, and hopefully in the future there will be a representative of the centers present at the board meetings.

The Recreation Department will have a dunk booth at Dairy Day on Saturday and people in the booth will include, Cl Stelick, Cl Hattery, Bob Brull, Bill Avery, Evan Kurtz, Andy Kurtz and J Staton.

TOWN ATTORNEY

Atty Perkins said in 1996 the Harringtons were recipients of $21,000 from the 1995 Community Development Block Grant program for improvements to the real property they own. In connection with that they gave a mortgage to the Town for $21,000 to cover the recapture obligation. That is a ten-year restriction on the sale or transfer of any interest in the real estate. At the time they gave the mortgage to the Town, it was a third mortgage, subject to a $72,000 mortgage held by Deischer, and a $15,450 Cortland Savings Bank mortgage. Nine years have gone by and the recapture obligation is $2,100. The current assessed value of the property is $130,000 ($28,500 for land and the balance in improvements). There are no provisions in the mortgage note or mortgage which requires the Town to release any interest it has as security for the recapture. There is reference in the note that permits a transfer of the property to the spouse or a child of the people who received the funds on the condition that they continue to occupy the residence. Atty Perkins said the Board is free to act any way they want, but the question is are they going to jeopardize the security the rest of the property provides for another year if a few acres is released for the daughter to place a home on.

Stan Harrington, the property owner, said this was discovered when his attorney was reviewing the title. The Cortland Savings Bank mortgage is paid off, so the Town now occupies second position. He did not intend to do anything inappropriate or ahead of schedule. The property has appreciated and is being kept in the family and he feels it is a minimal risk to the Town for the $2,100. He is asking for a release of an acre and a half and that would give his daughter and her new husband a title that is free and clear, which is required for their mortgage company. Atty Perkins said the board would have to authorize the Town Supervisor to sign the release and typically in the past when faced with these kinds of requests it has been on the condition that any expenses associated with it be paid by the property owner, including the fees of the Town Attorney for reviewing the documents, etc. The lien would still cover the remaining property. Mr Harrington left the document with Atty Perkins.

RESOLUTION #95 – RELEASE OF PORTION OF LIEN – HARRINGTON

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

RESOLVED, that this Town Board hereby authorizes the Town Supervisor or Deputy Supervisor to execute a release of part of mortgaged premises for Harrington, subject to review by the Town Attorney and payment of any expenses to the Town Attorney.

2nd Cl Michaels

Roll Call Vote Cl Stelick Yes

Cl Christofferson Yes

Supv Trumbull Yes

Cl Michaels Yes

Cl Hattery Yes

Atty Perkins said he has two matters for executive session involving litigation and he expects the board will take action on at least one of them after the executive session.

With respect to the Cortland Road Sewer District, Atty Perkins said he has reviewed the file and memos and has spoken with the Mayor and has discovered there has been a revised cost estimate. Those revisions have not been shared with the Town’s engineers and he has asked the Village to provide a copy of the February 14, 2005 report so he can forward it to the Town’s engineers. He has also spoken with the Town’s bonding counsel and Atty Perkins said after speaking with them and the Mayor, he doesn’t think they will be looking at a zero interest option. It will involve the Rural Development Agency for the regular bond market. Currently RDA money is limited in how much you can borrow and it is not enough for the whole project. What will drive the agreement is how the project is financed. There a commitment to go forward and the real issue now is how to finance and pay for the project. Atty Perkins said as soon as Chuck Franzese and his firm look at the engineering report, we should set up a meeting with a couple of board members, trustees, the attorneys and respective fiscal advisors for the Town and the Village. Then we can decide what the most realistic way of paying for it would be. If we have to go into the bond market, it will be expensive as the current rates are about 5¼% for 20 years. If you go with RDA it’s 4¼% for 38 years so there is money to be saved going with them, but it is more time consuming. The Town can go into the bond market on relatively short notice, only having to hold a public hearing and go through SEQR. The Town will have to engage a fiscal advisor and have an official statement. It will be expensive to issue the bonds, but we can do it relatively quickly.

The Town’s engineer will review the most recent report and comment on it, not do another report.

The request for water and sewer service on Lower Creek Road will be tabled for next month.

ZONING OFFICER

ZO Slater said the electrical committee, consisting of Atty Perkins, Cl Michaels and ZO Slater have not had an opportunity to meet formally, but ZO Slater has met with Atty Perkins and they have each reviewed the 1981 local law and the number of complaints received, consisting of one, and the failures that have been reported to various inspection agencies, which are numerous over the past few years. They came to the conclusion that the local law needs to be more modern and efficient, and have it require some demonstration of certification of the people doing the inspections, and include some indemnification for the Town. Cl Christofferson and Cl Michaels suggested that the Town be able to choose which inspectors visit which jobsites. Cl Michaels said he would like to meet a committee and go into this with more detail. The current local law does not require that inspectors be certified and they would like to revise the local law to require they be certified. Cl Hattery asked whether they could have a revised local law by the next meeting and Cl Michaels said he thought that might be possible.

Cl Christofferson, Jeff Kirby (the Town’s telecommunications consultant) and ZO Slater met recently and discussed whether or not the Town’s current telecommunications local law was appropriate and what might need to be changed. They looked ahead to wireless communications in general. They decided that the present local law needs to be refined to make it more current with present technology, and they would like the legislation expanded to wireless communications in a broader spectrum because they are aware there is new technology on the horizon. They are presently working in that direction and will be making a recommendation to the board for amendments to the current telecommunications legislation. They will look at ways to try and encourage telecommunication providers to provide more service to residents of the town in areas that are normally bypassed because of density.

ZO Slater has spoken with someone from Cingular Wireless who indicated since the Town has a new telecommunications consultant they will be willing to consider working with the Town again. It has come to the committee’s attention that Cingular, who has two facilities in the Town of Dryden, would not come to the Town again under any circumstances because of prior experiences with the Town’s former consultant.

ZO Slater provided the board with information he has obtained on a large format copier because it is necessary to replace the one the Town currently has. The cost to replace it is approximately $5,000, and ZO Slater has obtained two quotes. It is no longer available on State contract. They did look into a plotter/copier combo and the price is about $22,000. Cl Michaels suggested a large format scanner be considered, the advantage being you easily reduce a document to letter size. Cl Michaels said he some experience in putting different components together in his office and will work with them on it

ENVIRONMENTAL PLANNER

D Gross said she wants to move forward with the process for the Comprehensive Plan. She has delivered the most recent revised copies to Atty Perkins, all Town Board members, ZO Slater, 2 copies are available in the Clerk’s Office for public review, and a copy to Tompkins County Planning. She will also be delivering copies for the Planning Board members, making a few more available for public review, and putting the most recent version on the web. She will try and have copies available on CD. The Planning Board has passed a resolution with respect to the plan and George Frantz has prepared a draft long form Environmental Assessment Review form. She asked the board how they wanted to move forward and whether they felt ready to set a date for a public hearing.

The board feels ready to set a date for a public hearing. Atty Perkins said the town board needs to formally refer it to the County Planning Department, and they will have 30 days to comment on it.

RESOLUTION #96 – REFER COMPREHENSIVE PLAN TO TOMPKINS COUNTY

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

WHEREAS, the Town of Dryden has completed its draft Comprehensive Plan and has set a public hearing date to gather comments on the same for July 14, 2005, at 7:00 p.m.,

NOW, THEREFORE BE IT RESOLVED, that the Town of Dryden hereby refers said draft Comprehensive Plan to Tompkins County Planning for comment pursuant to General Municipal Law §239(m).

2nd Cl Michaels

Roll Call Vote Cl Stelick Yes

Cl Christofferson Yes

Supv Trumbull Yes

Cl Michaels Yes

Cl Hattery Yes

The Town Board will hold its public hearing on the Comprehensive Plan on July 14, 2005, at 7:00 p.m. Cl Michaels will not be able to attend that meeting. D Gross will distribute a draft EAF to board members.

The Youth Conservation Corps is looking for projects and the group leader has been in touch with one of the trail consultants to look at possible designs for benches for the trail. While it may be premature to plan for benches all along the trail, there may be areas in the Villages where it may be appropriate and she wondered if the Town would fund materials for that. Cl Michaels said it is a good project and he is in favor of finding the money. D Gross said if anyone else has ideas, they would welcome them. Cl Stelick said the community centers could use some work, and Cl Michaels said the Ellis Hollow Community Center had problems in the past with handicap accessibility. They could also use help with projects such as spreading mulch on the playground, etc. D Gross noted the group had done a good job with the kiosk on the Jim Schug Trail. Cl Stelick said Thoma Development was looking into what was available for aid to the community centers.

The consultants working the trail project with the Town received permission from the landowners to do a walk through of the route and that happened two weeks ago. They are compiling information from that and are getting close to being able to share some design ideas. An open house has been suggested where an exhibit and information will be available at the Town Hall on June 23 from 4 to 7:00 p.m. That open house will be advertised and specifically to stakeholders including private landowners as well as adjacent neighbors and town staff involved in the project, representatives from the Villages, etc.

The Pre-disaster Mitigation, Education and Outreach program funded by NYS Emergency Management Organization is officially done and a lot of products have come out of that. The group involved has been a partnership of the American Red Cross, Tompkins County Health Department, Fire Departments, etc. They have produced a website (www.TompkinsReady.org) and the products are to help make people aware of the website. D Gross distributed some of those items (magnets, pens, keychains) to the Town board. Paperwork for reimbursement is being finalized.

TOWN CLERK

Town Clerk B Hollenbeck asked the board to approve the April and May meeting minutes.

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 April 14, May 4 and May 12, 2005, Town Board meetings.

2nd Cl Stelick

Roll Call Vote Cl Stelick Yes

Cl Christofferson Yes

Supv Trumbull Yes

Cl Michaels Yes

Cl Hattery Yes

B Hollenbeck previously sent the board a memo regarding a request from Tompkins County Board of Elections to move the polling place for District 10. For some years it has been at the Baptist Church on Virgil Road which is not within District 10, nor is it in an adjacent district as required. Unable to find a suitable public facility in District 10, B Hollenbeck contacted Reach Out for Christ Church on Johnson Road (just across the line in an adjacent district) who agreed to provide space for a polling place. The board needs to pass a resolution acknowledging the change.

RESOLUTION #98 – CHANGE DISTRICT 10 POLLING PLACE

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

WHEREAS, the Tompkins County Board of Elections has notified the Town of Dryden that the current polling place for Election District #10 is not properly located and the Town Clerk has conducted a search and secured a polling place which satisfies the requirements of the Board of Elections, now therefore, be it

RESOLVED, that this Town Board hereby designates the Reach Out for Christ Church at 318 Johnson Road as the polling place for District #10.

2nd Cl Christofferson

Roll Call Vote Cl Stelick Yes

Cl Christofferson Yes

Supv Trumbull Yes

Cl Michaels Yes

Cl Hattery Yes

B Hollenbeck provided the Board with a reconciliation of the 2005 tax collection. Approximately the same number of unpaid property taxes were returned to the County as last year.

DISCUSSION

The Tompkins County legislature recently passed a resolution asking the State Senate and Assembly to pass bills regarding municipal annexation and the ability of municipalities to initiate that process. It basically gives two remote boards the authority to initiate an annexation. Citizens still have a right to turn it down. Supv Trumbull asked the board to pass a similar resolution.

RESOLUTION #99 – IN SUPPORT OF NEW YORK STATE ASSEMBLY BILL A05632 AND NEW YORK STATE SENATE BILL S02478 – AN ACT TO AMEND THE GENERAL MUNICIPAL LAW IN RELATION TO MUNICIPAL ANNEXATION

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

WHEREAS, most municipal territorial boundaries for counties, cities, towns, and villages were established during the nineteenth century, while over the years patterns of population growth, development, and municipal services have not been confined within those boundaries, and

WHEREAS, the New York State General Municipal Law currently provides a procedure whereby territory from one municipality may be annexed to another, but only if there is a petition brought by the voters or the property owners in the territory to be annexed, and

WHEREAS, if the petition is then approved by the governing boards of both municipalities, the question of annexation is submitted to mandatory referendum of the voters of such territory, and

WHEREAS, legislation has been proposed in both the New York State Assembly and the New York State Senate that would amend the General Municipal Law to allow the governing bodies of two or more municipalities, as well as the residents or property owners of a municipality, to jointly initiate the municipal annexation process, while still requiring that any such action be approved by mandatory referendum of the voters, and

WHEREAS, in the interest of better long-term planning and smart growth principles, it is desirable to promote various methods of intermunicipal cooperation, on such method, in proper circumstances, being municipal annexation, now therefore be it

RESOLVED, that the Town Board of the Town of Dryden supports New York State Assembly Bill A05632 and New York State Senate Bill S02748, and urges the New York State Assembly and Senate to pass the bills and the Governor to sign the legislation into law,

RESOLVED, further, that copies of this resolution be forwarded to Assemblywoman Barbara S. Lifton, Senators James L. Seward and George H. Winner Jr., and Michael F. Nozzoloio, Speaker Sheldon Silver, Majority Leader Joseph Bruno, Governor George Pataki, New York Sate Association of Counties, New York State Association of Towns, and the New York State Conference of Mayors and other Municipal Officials.

2nd Supv Trumbull

Roll Call Vote Cl Stelick Yes

Cl Christofferson Yes

Supv Trumbull Yes

Cl Michaels Yes

Cl Hattery Yes

The board has received a revised proposed franchise agreement from Time Warner. Cl Christofferson said he was concerned with a ten-year term and said he wondered if we really needed the agreement. Mike Lane said they want a ten-year term in order to justify whatever capital investments they make under terms of the franchise agreement. He asked what capital Time Warner was going to expend under the terms of the agreement and the board said nothing. M Lane noted that Time Warner gets a lot of money from selling Road Runner service and that is excluded from the franchise agreement and no franchise revenues are received from that. After discussion, the board asked Supv Trumbull to write Time Warner and tell them the Town would go with a five-year term.

Bailey Insurance has contacted the Supervisor and asked if the Town would like terrorism insurance this year. We did not have it last year and the annual premium is $2,000. The board does not want to obtain that coverage.

Supv Trumbull said the board has received Deborah Gross’ letter of resignation. She will be leaving sometime the middle of July and has agreed to help with the transition to a new environmental planner if time permits.

RESOLUTION #100 – ACCEPT RESIGNATION OF ENVIRONMENTAL PLANNER

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

RESOLVED, that this Town Board hereby accepts the resignation of Environmental Planner Deborah Gross, with regrets, effective the middle of July, 2005.

2nd Cl Christofferson

Roll Call Vote Cl Stelick Yes

Cl Christofferson Yes

Supv Trumbull Yes

Cl Michaels Yes

Cl Hattery Yes

Supv Trumbull said Bernie Thoma visited the office the other day and said Neptune is applying through them for a grant for the Length of Service Award Program and said we may get $80,000 to $100,000, and the fee to be paid would be $26,000 to $27,000. If Neptune gets the award, they will distribute some of the funding to the other companies. B Thoma wondered if the Town wanted to go through with this knowing the fee involved. The Board agreed it did.

Thoma Development is changing their grant writing services slightly and have presented a new contract, which Supv Trumbull shared with the Board for their review and action next month.

McLean Community Council has requested funds from the Town for an event to replace the McLean Carnival. The board decided that it was something to be considered for next year’s budget.

Cl Stelick said the Fire Departments were present tonight and he shared the contents of an e-mail received. Dryden Fire Department will be conducting and hosting a multi-agency drill at Far View Apartments on Thursday (tonight) to update our current plans, review our incident command structure, accountability system, search and rescue operations, emergency medical services and access to resources required to safely and efficiently mitigate any situation that may arise at the dormitory complex through the mutual aid process, both town-wide and with neighboring Cortland County.

He also said the Town needs to do some lobbying about the LOSAP program because the Village is not currently behind it. Cl Hattery said there is one Village Board member asking questions about it. Cl Stelick asked if anyone had contacted the Village of Freeville, and Cl Hattery said he is willing to go to a meeting at Freeville and make a presentation with Doug Cotterill.

Cl Stelick said he had attended a funeral in McLean on Sunday and commented on the professionalism of the fire departments that handled the traffic control. They also had cold water for everyone and bussed people to the church and the cemetery. He said he was proud to live in the Town of Dryden and have those people in our emergency services.

Supv Trumbull said the committee to interview for the environmental planner position will be meeting the week of June 20. The committee consists of Supv Trumbull, Cl Hattery, Henry Slater, Barbara Caldwell, Craig Schutt, and Debbie Gross.

On motion made, seconded and unanimously carried, the board adjourned to executive session at 9:55 p.m. to discuss two matters of litigation, the employment history of a particular individual and the possible purchase of real estate, where public discussion may affect the purchase price. They moved back into regular session at 10:35 p.m.

RESOLUTION #101 – AUTHORIZE ENGAGEMENT LETTER WITH THOMAS S. D’ANTONIO

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

RESOLVED, that this Town Board hereby authorizes the Town Supervisor or Deputy Town Supervisor to sign an engagement letter with Thomas S. D’Antonio of Ward Norris Heller & Reidy, LLP, for legal representation in the matter of Crossmore (formerly) Wilkinson v. Town of Ithaca, et al.

2nd Cl Michaels

Roll Call Vote Cl Stelick Yes

Cl Christofferson Yes

Supv Trumbull Yes

Cl Michaels Yes

Cl Hattery Yes

RESOLUTION #102 – APPROVE ABSTRACT #06

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

RESOLVED, that this Town Board hereby approves Abstract #06, as audited, vouchers #354 through #440, totaling $289,659.32.

2nd Cl Christofferson

Roll Call Vote Cl Stelick Yes

Cl Christofferson Yes

Supv Trumbull Yes

Cl Michaels Yes

Cl Hattery Yes

On motion duly made, seconded and unanimously carried, the meeting was adjourned at 10:38 p.m.

Respectfully submitted,

Bambi L. Hollenbeck

Town Clerk