Minutes of December 7, 2006

TOWN OF DRYDEN

TOWN BOARD MEETING
December 7, 2006

Present: Supv Steven Trumbull, Cl Martin Christofferson, Cl Daniel Tier III, Cl Stephen Stelick, Jr., Cl Mary Ann Sumner

Elected Officials: Bambi L. Hollenbeck, Town Clerk

Jack Bush, Highway Superintendent

Other Town Staff: Mahlon R. Perkins, Town Attorney

Daniel Kwasnowski, Environmental Planner

Henry Slater, Zoning Officer

Jennifer Dube, Recreation Coordinator

David Putnam, TG Miller Engineers

PUBLIC HEARING

LEISURE LANE AND MEADOW DRIVE LIGHTING DISTRICT

Supv Trumbull opened the public hearing at 7:07 p.m. and explained the board was proposing to adopt a benefit assessment formula for the district on a unit basis instead of an assessment basis, resulting in a per parcel charge of $78.58 for 2007.

There were no comments from the board or the public and the hearing was left open.

PUBLIC HEARING

IN THE MATTER OF THE PROPOSED UPGRADE OF THE EXISTING TOWN OF DRYDEN CORTLAND ROAD SEWER DISTRICT PURSUANT TO TOWN LAW §202-b

Supv Trumbull opened the public hearing at 7:10 p.m. and Town Clerk B Hollenbeck read the notice published in The Ithaca Journal on November 25, 2006.

Fred Apker asked the reason for this, where the manholes were to be located and the distribution of the charges that will be assessed.

Atty Perkins said the improvement project came about because of negotiations with the Village of Dryden for renewal of the sewer agreement that was adopted in 1982 and has expired. In connection with that the Town will have to make some improvements to its own sewer district and help pay for some improvements to the Village’s sewer system, including helping to pay for the upgrade of the plant. That will all be subject to other public hearings. For this particular project the Village wanted the Town to install four manholes to measure wastewater flow into the Village from the Cortland Road Sewer District so that reading could be compared to the amount of metered water into the system to see if there is a big inflow and infiltration problem. The Village suspects there is a problem, and the Town suspects there isn’t due to a lot of work that has been done by the district and in particular by TC3 and by the Foundation.

The three manholes are to be located at the east end of Lee Road where the TC3 Foundation lines comes into the sewer system, north of Lee Road (about half way up) where the college sewer main comes into the Village system, and on Route 13 just north of Lee Road where most of the northern part of the sewer district comes into the Village system. The town was able to get them to eliminate a sewer manhole near the high school where it crosses Route 38 because the only connection beyond that is the high school and it would be easy to verify whether there was a large INI (inflow and infiltration) problem by going in the middle of the night and checking the manholes.

Payment for the project will be by benefit assessment upon all the parcels within the district. Atty Perkins pointed out that $124,000 is the maximum estimated cost of the project, which includes the construction contract, engineering fees and contingency. They expect the amount allocated for construction to be less than anticipated. Documents showing the cost to owners on their tax bill in 2006 and the anticipated cost per year (based on certain assumptions) after the project were available. The first assumption is that the district would be able to raise enough for payment so that it would not have to issue serial bonds or a statutory installment bond; that the project would be paid for over 5 or 6 years. The example cited was for a senior citizen in the mobile home park who would pay an additional $35.00 for five years.

The existing benefit assessment formula for the district raises 40% of the total debt service by the number of units in the district; 10% by the number of pipe foot that goes across their property; and 50% based on the property assessment.

If any properties in the district are annexed to the Village, the expense of the district will be shared by the remaining properties. There are currently 55 parcels in the district. A petition for annexation was received by the Town and Village asking that several parcels be annexed to the Village, but that has been withdrawn. There will probably be a new petition filed.

Karel Westerling said it seemed the Town could do some more manhole checks at 3:00 a.m. when flows should be low. It seems reasonable to expect that the only place with a lot of activity in the middle of the night would be the dorms at TC3 and they should be the ones with the expensive monitoring equipment. Supv Trumbull informed him that TC3 would be paying for two of the three manholes. The entire cost of the project would have to be bonded and then TC3 will pay their portion over 5 years. K Westerling said this is difficult for the senior citizens in his park. He is not convinced it is needed and said the only one that needs to be checked is TC3.

Supv Trumbull explained that the Town is responsible for 35-40% of the cost of the new wastewater treatment plant, so it is important to determine exactly what percentage the Town is liable for. K Westerling said they ought to be able to determine it by checking the manholes after a heavy rain. Atty Perkins explained that the proposed systems provide a long-term measure of the flows so an analysis can be done over a period of time, including wet events, dry events, storms, etc. They can determine whether there is infiltration above acceptable limits during those events. If the Town can establish that in fact the District doesn’t have a large inflow and infiltration problem, it will cut down the longer-term costs for buying into the improvements the Village has to make to the wastewater treatment plant. It will save more than it costs if we can prove the INI is not the problem of the Town, and Atty Perkins said the engineers are fairly confident that is what the tests will show. Atty Perkins said this method of checking for INI is the most cost effective long-term solution the engineers have come up with.

Cl Christofferson said this is a challenge because there is potential for growth to happen in the district and no one can get their hands around the problem. There are people wanting to develop in the Town, but no one can give them an answer on whether they can have water and/or sewer or whether there is enough capacity. The Town and Village have been trying to figure out the best way to collect data so they can determine a course of action. The Town needs to prove the number of gallons that go into the Village system. The Town is ready to grow and the sewer plant is supposedly near capacity. There needs to be good data collected in order to make decisions. Unfortunately it is expensive.

Cl Sumner said this is necessary in order to negotiate the contract with the Village of Dryden. If the District is going to continue to send sewage to the Village it needs to be done. The Village is not accepting additional connections. Atty Perkins said the contract that is being negotiated with the Village is for a long term sewer agreement whereby the Village agrees to accept a certain amount of wastewater. The Town needs to know how much that is.

Joan Norte asked whether this has all come about because of the potential development in the district. Supv Trumbull said no development can happen without a new agreement with the Village.

J Dedrick said the Village has to upgrade its system one way or another in the near future and the Town should pay its share. Supv Trumbull said that the Town was previously responsible for 36-38% of that cost. This study will determine what the exact share should be. J Dedrick said he was in favor of putting the meters in because he doesn’t believe the share is that high. Atty Perkins said this may be a huge savings to the district over the long run. The Town has also offered to become an owner with the Village and they rejected that offer.

K Westerling said this proposal seems to have a lot of fancy stuff when really all we need to know is how many gallons are flowing through the pipe and he believes there is a less expensive way to do it. He asked if a simpler solution to determine infiltration had been addressed. Atty Perkins said this is the most reliable recommended solution. The Town wants to take responsibility for what it is putting into the Village system and have reliable data to compare with the water meter readings over the same period of time. He said this will have to be done either before or after the new sewer agreement is in place and the reason for doing it now is to have more information and data for negotiating the sewer agreement and what the Town’s percentage of the upgrade of the Village plant will be. The Village has agreed to accept the data gathered in this process.

Atty Perkins said under a “worst case scenario” the Town is authorized to bond for $124,000. Anything contributed by TC3 will be applied toward the project cost and the debt service will be diminished, reducing the amount charged on a property owner’s real property tax bill.

There being no further questions or comments from the board or the public, the public hearing on the Cortland Road Sewer District was closed at 7:40 p.m.

There being no further questions or comments from the board or the public, the public hearing on the Meadow Drive and Leisure Lane Lighting District was closed at 7:40 p.m.

Cl Christofferson said that it is important to move forward with this in the Cortland Road Sewer District because of a lot of things potentially happening in that area, and we need to have data and information to move forward. He said he feels badly about the cost, but somehow we’ve got to get at this to find out what is going on.

More development in the district will help reduce the cost to other current users.

RESOLUTION #173 – ADOPT PUBLIC INTEREST ORDER – CORTLAND ROAD SEWER DISTRICT

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

WHEREAS, a plan, report and cost estimate have been duly prepared in such manner and detail as heretofore was determined by the Town Board of the Town of Dryden, Tompkins County, New York, relating to a proposed sewer district improvement project, pursuant to Town Law § 202-b for certain improvements to the Town of Dryden Cortland Road Sewer District (herein “Improvement Project”), and

WHEREAS, said plan and report have been prepared by Hunt Engineers, Architects & Land Surveyors, Inc., professional engineers, duly licensed by the State of New York and have been filed in the office of the Town Clerk where it is available for public inspection, and

WHEREAS, the area of said Town of Town of Dryden Cortland Road Sewer District (the “District”) determined to be benefited by said Improvement Project consists of the entire area of the District as currently constituted, and

WHEREAS, the proposed Improvement Project consists of the improvements set forth below, as more particularly shown and described in said plan and report presently on file in the Office of the Town Clerk:

Supply, install, maintain, and remove temporary bypass piping, and pumping of sewage in the existing sanitary sewers, supply and install three (3) FRP flow monitoring manholes, complete with area/velocity sensors and/or ultrasonic flow meters, with appurtenances, connected to the existing sanitary sewer, provide and install a pre-cast concrete sanitary sewer manhole with drop inlet, restore project sites to original conditions, including roadways and lawn areas, provide start-up and training for the flow monitoring manholes and meters, and

WHEREAS, a public hearing on said plan, report and cost estimate was held by the Town Board of the Town of Dryden on December 7, 2006, at which hearing all interested persons in the subject were heard on the questions of providing of said Improvement Project, and

WHEREAS, notice of said public hearing was duly posted and published as required by law; and

WHEREAS, said public hearing was duly held at the place and at the time aforesaid and all persons interested in the subject thereof were heard concerning the same; and

WHEREAS, the construction of the proposed Improvement Project has heretofore been determined to be an “exempt-type II action” pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, the Town Board has determined, will not result in any significant environmental effects, and

WHEREAS, it is now desired to authorize the Improvement Project;

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

Section 1. It is hereby determined that it is in the public interest to make the improvements hereinafter described and such Improvement Project is hereby authorized. The proposed area hereby determined to be benefited by said Improvement Project is the entire area of the District as currently constituted.

Section 2. The proposed improvement consists of the improvements set forth below, as more particularly shown and described in said plan and report presently on file in the office of the Town Clerk:

Supply, install, maintain, and remove temporary bypass piping, and pumping of sewage in the existing sanitary sewers, supply and install three (3) FRP flow monitoring manholes, complete with area/velocity sensors and/or ultrasonic flow meters, with appurtenances, connected to the existing sanitary sewer, provide and install a pre-cast concrete sanitary sewer manhole with drop inlet, restore project sites to original conditions, including roadways and lawn areas, provide start-up and training for the flow monitoring manholes and meters.

Section 3. The Town of Dryden hereby authorizes the expenditure of up to $124,000.00 for the construction, installation, and equipping of such project and the payment of all costs incident thereto, including engineer fees, consulting fees, attorneys fees, bidding costs and any other related costs, all of said actions being hereinafter collectively referred to as the “Improvement Project” and all of such actions being authorized pursuant to Town Law §202-b.

Section 4. $124,000.00 is estimated as the maximum cost for Improvement Project.

Section 5. The plan for the financing of the Improvement Project consists of the issuance of $124,000.00 in serial bonds of the Town with the payment of principal and interest of said bonds to be a charge against the District and assessed, levied and collected in the same manner as other charges against the District.

Section 6. This resolution shall take effect immediately.

2nd Cl Stelick

Roll Call Vote Cl Christofferson Yes

Cl Tier Yes

Supv Trumbull Yes

Cl Stelick Yes

Cl Sumner Yes

RESOLUTION #174 – A RESOLUTION AUTHORIZING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF IMPROVEMENTS TO THE SEWER SYSTEM FOR CORTLAND ROAD SEWER DISTRICT IN THE TOWN OF DRYDEN, TOMPKINS COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $124,000 AND AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $124,000 SERIAL BONDS TO PAY THE COST THEREOF.

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

BE IT RESOLVED by the Town Board of the Town of Dryden, Tompkins County, New York, as follows:

Section 1. The acquisition, construction and installation of improvements to the sewer system for Cortland Road Sewer District in the Town of Dryden, Tompkins County, New York (the “Town”), including the acquisition, construction and installation of equipment, machinery or apparatus required in connection therewith, is hereby authorized at an estimated maximum cost of $124,000.

Section 2. It is hereby determined that the maximum estimated cost of the aforesaid specific objects or purposes is $124,000, said amount is hereby appropriated therefor and the plan for the financing thereof shall consist of the issuance of $124,000 in serial bonds (the “Bonds”) of the Town authorized to be issued pursuant to this resolution.

Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty (40) years, pursuant to Section 11.00(a)(4) of the Local Finance Law. The proposed maturity of the Bonds will be in excess of five years.

Section 4. Pursuant to Section 107.00(d)(3)(a) of the Local Finance Law, current funds are not required to be provided prior to issuance of the Bonds or any bond anticipation notes issued in anticipation of issuance of the Bonds.

Section 5. The temporary use of available funds of the Town, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created, is hereby authorized pursuant to Section 165.10 of the Local Finance Law, for the capital purposes described in Section 1 of this resolution.

Section 6. The Bonds and any bond anticipation notes issued in anticipation of the Bonds, shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law and the Bonds, and any bond anticipation notes issued in anticipation of the Bonds, shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the real property within the Town without legal or constitutional limitation as to rate or amount. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be apportioned and assessed upon the several lots and parcels of land within Town of Dryden Cortland Road Sewer District, which the Town Board shall determine to be especially benefited by the improvement, an amount sufficient to pay the principal of and interest on such obligations as the same becomes due and payable, but if not paid from such source, all the taxable real property in the Town shall be subject to the levy of ad valorem taxes without limitation as to rate or amount sufficient to pay the principal of and interest on such obligations when due.

Section 7. Subject to the provisions of this resolution and of the Local Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00 and 56.00 to 63.00 inclusive of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the Bonds herein authorized, including renewals of such notes, and the power to prescribe the terms, form and contents of the Bonds, and any bond anticipation notes, and the power to sell and deliver the Bonds and any bond anticipation notes issued in anticipation of the issuance of the Bonds, and the power to sell and deliver the Bonds and any bond anticipation notes providing for substantially level or declining annual debt service, is hereby delegated to the Town Supervisor, the chief fiscal officer of the Town.

Section 8. The reasonably expected source of funds to be used to initially pay for the expenditures authorized by Section 1 of this resolution shall be from the Town’s General Fund. It is intended that the Town shall then reimburse such expenditures with the proceeds of the Bonds and bond anticipation notes authorized by this resolution and that the interest payable on the Bonds and any bond anticipation notes issued in anticipation of the Bonds shall be excludable from gross income for federal income tax purposes. This resolution is intended to constitute the declaration of the Town’s “official intent” to reimburse the expenditures authorized by this resolution with the proceeds of the Bonds and bond anticipation notes authorized herein, as required by Regulation Section 1.150-2.

Section 9. The validity of the Bonds authorized by this resolution and of any bond anticipation notes issued in anticipation of the Bonds may be contested only if:

(a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money; or

(b) the provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with,

and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication; or

(c) such obligations are authorized in violation of the provisions of the Constitution.

Section 10. This resolution, or a summary hereof, shall be published in the official newspaper of the Town for such purpose, together with a notice of the Clerk of the Town in substantially the form provided in Section 81.00 of the Local Finance Law.

Section 11. This resolution is not subject to a referendum on petition in accordance with Section 35.00(b)(2) of the Local Finance Law.

Section 12. The Town Supervisor, as chief fiscal officer of the Town, is hereby authorized to enter into an undertaking for the benefit of the holders of the Bonds from time to time, and any bond anticipation notes issued in anticipation of the sale of the Bonds, requiring the Town to provide secondary market disclosure as required by Securities and Exchange Commission Rule 15c2-12.

Section 13. The Town Board hereby determines that the provisions of the State Environmental Quality Review Act and the regulations thereunder have previously been satisfied with respect to the expenditures authorized by this resolution.

Section 14. This resolution shall take effect immediately.

2nd Cl Stelick

Roll Call Vote Cl Christofferson Yes

Cl Tier Yes

Supv Trumbull Yes

Cl Stelick Yes

Cl Sumner Yes

Cl Christofferson asked what would happen with respect to the infrastructure of properties that may be annexed into the Village. Atty Perkins said if there is debt on the parcel the Village will assume a proportionate amount of the debt depending on the timing of the annexation.

Atty Perkins has provided board members with a copy of the bid tabulations and recommendation from the Engineers that the contract be awarded to G DeVincentis for the Cortland Road sewer manhole monitoring project. He said the Supervisor should be authorized to sign the Notice of Award on behalf of the District, contingent upon satisfactory negotiation of a change order. The change order has to do with extending the time for completion of the project, thereby decreasing the “hurry-up” costs of ordering all the equipment. It could be as much as 20% of the equipment costs. The engineers recommend the Town approach it in this manner and save some of the project costs by not forcing them to get it done in three weeks.

RESOLUTION #175 – AWARD CONTRACT FOR SANITARY SEWER

FLOW MONITORING STATIONS

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

RESOLVED, that this Town Board hereby awards the contract for sanitary sewer flow monitoring stations to G. DeVincentis & Son Construction Co., Inc. and authorizes the Supervisor to sign the Notice of Award and contract, contingent upon satisfactory negotiation of a change order.

2nd Cl Tier

Roll Call Vote Cl Christofferson Yes

Cl Tier Yes

Supv Trumbull Yes

Cl Stelick Yes

Cl Sumner Yes

RESOLUTION #176 – CHANGE FORMULA FOR MEADOW DRIVE AND LEISURE

LANE LIGHTING DISTRICT

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

RESOLVED, that the benefit assessment formula for the Meadow Drive and Leisure Lane Lighting District shall be computed on a per unit (per parcel) basis.

2nd Cl Tier

Roll Call Vote Cl Christofferson Yes

Cl Tier Yes

Supv Trumbull Yes

Cl Stelick Yes

Cl Sumner Yes

New Town Hall Report:

ZO Slater said that at the last Town Board Meeting the board authorized Change Order CRP#E-1 to install schedule 40 PVC conduit from the server room 15′ at $1900 plus excavation costs not to exceed $2,000. The excavation costs involve taking up and replacing material in a parking lot that has had the sub work done on it. The excavation costs ended up being $2,000 plus the cost of materials, making the total excavation and restoration expense $3737.21. The approved change order can’t be executed and the board will need to approve the new amount in order to continue with that portion of the project. Clerk of the Works, John Holmes, explained that the fabric underlay has to be taken up and repaired as well as the expense of excavating and replacing all the gravel. He said his experience is that any time there is a change order it will cost more than if it was done initially. This change came from discussions of new phone systems and whether to tie the phone/data lines with the old building. Atty Perkins pointed out that the subcontractor has added 15% and the contractor has added 5%. J Holmes said he will look into that, but he has seen that as high as 25%. After further discussion, the board approved the change order.

RESOLUTION #177 – APPROVE CHANGE ORDER – NEW TOWN HALL

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

RESOLVED, that this Town Board hereby approves change order CRP #07, which replaces CRP #E-1.

2nd Cl Tier

Roll Call Vote Cl Christofferson Yes

Cl Tier Yes

Supv Trumbull Yes

Cl Stelick Yes

Cl Sumner Yes

ZO Slater explained that Mr. Tuttle will be vacating the property the town purchased from him by December 31 and the Town needs to make some suggestions about how to care for the property during the winter. He asked that the board authorize the Supervisor to decide the best way to proceed after a visit to the building by John Holmes, Jack Bush, the Supervisor, and ZO Slater. The decision will be whether to turn off the heat and drain the pipes or leave the heat on low.

Cl Christofferson said there is no benefit to the Town to continue to own the house through the winter and said it should be sold. He doesn’t want a vacant house to become a nuisance and would like to see a plan in place for what is to become of it. Cl Stelick said until that happens the house will sit vacant and they need to decide what to do when it becomes empty. ZO Slater said the Town might want to consider offering to swap properties with the Greenfield property.

RESOLUTION #178 – AUTHORIZE DECISION ON TUTTLE PROPERTY

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

RESOLVED, that this Town Board hereby authorizes the Supervisor to decide how best to safeguard the Tuttle property for the next six weeks, after inspection by Jack Bush, John Holmes, Henry Slater and Steven Trumbull.

2nd Cl Stelick

Roll Call Vote Cl Christofferson Yes

Cl Tier Yes

Supv Trumbull Yes

Cl Stelick Yes

Cl Sumner Yes

ZO Slater reminded the board that last month they had tabled decision on a change order of $4,000 for additional work that had been completed with respect to the geothermal wells. He said that it is clearly not the Town’s responsibility to pay, but the contractor did this in order to keep the well driller on the job when they were ready to quit because their equipment kept getting stuck. He said in order to avoid problems in the future with the contract, the Town should either pay the money or negotiate a payment. Cl Sumner said she believed the contractor did the right thing and suggested the Town offer $1,500. After more discussion, it was decided that Cl Stelick and Cl Christofferson would attend the construction meeting on December 13 to discuss this with the contractor before taking any action on the change order.

ZO Slater and J Holmes said the project is really moving very smoothly at this point.

CITIZENS PRIVILEGE

David Makar, 1960 Slaterville Road, provided the board with information about Municipal Electric & Gas Alliance (MEGA), a non-profit corporation associated with county governments, whose primary purpose is to “achieve the best terms and the lowest and most stable rates for electricity and gas commodities for its members”. Residents of the Town have until December 29 to choose their plan and he and some others have some research and discovered MEGA. Members report average savings ranging from $200 to $48,000. More information can be obtained from their website: www.megaenergy.org. He suggested the Town investigate this as an option for energy savings. It is also open to individuals. Cl Sumner said the Hanger Theater joined and realized substantial savings.

HIGHWAY DEPARTMENT & DPW

Highway Superintendent Jack Bush provided the board with a list of the roads that had been worked on and completed in 2006. Genung Road and Hunt Hill Road have been started and should be completed in 2007.

Atty Perkins has reviewed the most recent drug and alcohol testing agreement and said it was pretty consistent with the previous agreement and there were no substantive changes. This is a drug and alcohol testing consortium, which is required by federal law. In the event there is an accident, the employee is automatically tested. Otherwise the employees are tested randomly.

RESOLUTION #179 – AUTHORIZE CONTINUATION OF DRUG & ALCOHOL

TESTING PROGRAM

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

RESOLVED, that this Town Board hereby approves the extension of the Tompkins County Consortium Drug & Alcohol Testing Program Policy, and authorizes the Supervisor to execute the same.

2nd Cl Stelick

Roll Call Vote Cl Christofferson Yes

Cl Tier Yes

Supv Trumbull Yes

Cl Stelick Yes

Cl Sumner Yes

J Bush said he had received a phone call from a realtor questioning the status of a section of Cornelius Road that runs from Hunt Hill north for approximately 500 feet. For the past three years there has been no maintenance performed on that road, including no plowing. Highway Department records indicate that no work has been done on the road since 1995, until three years ago when a crossover culvert had collapsed and was replaced because of concerns for snowmobilers. He said that section of road does have a house on it, but it has been empty since approximately 1999. J Bush said he recommends the board consider abandoning that section of road.

Atty Perkins has provided the board with a proposed resolution and explained the procedure. If the board agrees with the description and the presentation made by the Highway Superintendent, and believes that it has not been usually traveled by more than two vehicles daily, including pedestrians and people on horseback, then it is eligible for a qualified abandonment. The board would then pass the resolution and forward it to the County Superintendent of Highways, who is then required to hold a public hearing on the issue. If the County Superintendent agrees and finds that it would not cause hardship to any individual, then it is eligible for a qualified abandonment. The effect of the qualified abandonment is that the road would no longer be worked at public expense, but the right to go over it continues in the public. This section of road is now effectively only a driveway to the one residence on the road, as it deadends at the house. The section of road beyond the house was previously abandoned. After discussion by the board, the following resolution was passed.

RESOLUTION NO. 180 – REQUEST PUBLIC HEARING — QUALIFIED ABANDONMENT OF CORNELIUS ROAD

Supervisor Steven Trumbull offered the following resolution and asked for its adoption:

WHEREAS, the Town Superintendent of Highways has presented to the Town Board a written description of a certain Town highway that in his opinion appears to have not become wholly disused, but for the previous two (2) years has not been usually traveled along the greater part thereof, by more than two (2) vehicles daily in addition to pedestrians and persons on horseback, and

WHEREAS, the Town Board has satisfied itself as to the accuracy and completeness of such description of the Town highway and that it appears to the Town Board to be appropriate for a qualified abandonment thereof, and

WHEREAS, Highway Law Section 205(2) prescribes the procedure to be followed to effect a qualified abandonment of Town highways,

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

1. It appears that the following Town highway is eligible for a qualified abandonment thereof:

CORNELIUS ROAD: Beginning at its intersection with Hunt Hill Road and proceeding thence generally northerly for a distance of 500 feet more or less to the south end of the abandoned portion (1997) of Cornelius Road.

2. The Superintendent of Highways of Tompkins County is requested to hold a public hearing on such qualified abandonment pursuant the provisions and procedures prescribed in Highway Law Section 205(2).

3. Copies of this resolution shall be certified by the Town Clerk and distributed as follows:

Town Superintendent of Highways

County Superintendent of Highways

County Representatives Hattery and Robertson

2nd Cl Sumner

Roll Call Vote Cl Christofferson Yes

Cl Tier Yes

Supv Trumbull Yes

Cl Stelick Yes

Cl Sumner Yes

Because of the work necessary on the bridge on the Dryden-Freeville trail and the need for it to accommodate all types of traffic, including heavy farm equipment, Jack Bush, Dave Putnam and Dan Kwasnowski would like Barton & Loguidice to do the design work. There are also necessary permits to be applied for. Scott Nostrand of Barton & Loguidice has reworked the proposal approved by the board in July. The proposal now includes $1800 as an amendment to the original trail design scope, and $11,100 for the bridge design. S Nostrand said they had identified some rot and deterioration in some parts of the bridge. The plan will be designed with the intent that the Town will do the work.

RESOLUTION #181 – AUTHORIZE AMENDMENT TO CONTRACT

WITH BARTON & LOGUIDICE

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

RESOLVED, that this Town Board hereby authorizes the Supervisor to execute an amendment to the contract with Barton & Loguidice for trail design, to reflect amended amounts for bridge design ($11,100) and trail design scope ($1,800 increase).

2nd Cl Sumner

Roll Call Vote Cl Christofferson Yes

Cl Tier Yes

Supv Trumbull Yes

Cl Stelick Yes

Cl Sumner Yes

J Bush said he had met with Buck VanPelt and Dave Fox and will be contacting George and Shirley Price regarding the trail development.

COUNTY BRIEFING

Mike Hattery said the County’s communications project is pretty much on target and will be testing this spring. The Public Safety Committee has asked the County Attorney to draft some language regarding a local law that towns and villages can adopt to protect the integrity of the communications system. Possibly as early as February 2007 they will be talking about subscriber equipment and the County’s role in that for conversion to the new system.

An information session was held this week for the new Empire Zones in the County. They were able to meet with Smith Realty, developer who owns property off North Street in the Town, and they are now aware of what benefits can be delivered to development in that area and they are a little more encouraged about moving forward. The county committee is going to try and help coordinate a meeting and discussion with NYS DOT about that intersection and their driveway cut.

M Hattery said information on the Red Mill Road Bridge project has been put together and sent to DOT for prioritization and thanked the Town Clerk’s Office for helping provide some of the information.

ENGINEERING

No report.

RECREATION DEPARTMENT

J Dube said they are having one long travel season instead of in-house and travel teams. There are 80 kids enrolled with six on the wait list. There are 30 kids enrolled in wresting and they are working with the high school and Larry Hinkle is helping to coach and with program backup.

One hundred sixty kids attended the band showcase a few weeks ago.

About 80-100 attended the tree lighting ceremony on Friday even though the weather was bad.

The board discussed the software the Recreation Department wants to purchase. Atty Perkins has had some correspondence with the company and resolved his major concerns. The software will help to register and track participants and schedules events. J Dube said she had used this software at her job in Virginia. There would be a $3,000 minimum fee per year due to the company. The $2,400 set up fee includes the maximum hours of training, and she doesn’t believe she’ll need much training because of her prior experience with the software. Additional components can be purchased and added as necessary, such as the ability to offer online registration, and she hopes to be able to obtain a laptop and wireless access in order to register applicants at events. The board authorized the Supervisor to sign the contract after legal review last month. David Makar suggested that after the Town had used this system, the Town could build its own program that mimic this, and save the yearly expense. After further discussion, including the security of the information, Cl Christofferson said he would like her to see if she could get a one-year contract.

ATTORNEY

With respect to the donation of the Dabes property from the Finger Lakes Land Trust, Atty Perkins said the agreement has been agreed on, except that the Land Trust said that responsibility for preparation of an Abstract of Title would be the Town’s. He estimates the cost would not exceed $400. The board agreed to be responsible for that expense. D Kwasnowski said he had walked the boundary of the property on Tuesday and found the property to be nicer than he thought it was.

RESOLUTION #182 – AUTHORIZE AMENDED AGREEMENT WITH

FINGER LAKES LAND TRUST

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

RESOLVED, that this Town Board hereby authorizes the Supervisor to execute the amended agreement (to include the Town paying the expense of preparation of an Abstract of Title) with the Finger Lakes Land Trust, to accept the donation of a parcel of property known as the “Dabes Property” in Varna.

2nd Cl Stelick

Roll Call Vote Cl Christofferson Yes

Cl Tier Yes

Supv Trumbull Yes

Cl Stelick Yes

Cl Sumner Yes

Atty Perkins said the annexation petition filed by Smith Realty and others has been withdrawn. They felt that there were so many problems with it they would try and correct it and resubmit it.

The bookkeeper has asked him to bring to the attention of the board the fact that one of the CDBG recipients has not paid recently and has a history of paying irregularly. Sometimes they bring in several hundred dollars at once and are paid up through March 2005. The last payment was received January 30, 2006. The outstanding balance is $2,760 plus interest at 1% from March 1, 2005. The monthly payment is $48.00 per month. Atty Perkins reminded the board there was a request from a finance company a few years ago wanting the Town to subordinate its lien and the board denied that request. The bookkeeper continues to contact them, but wanted the board to be aware of the situation. The board decided to take no action at this time.

ZONING OFFICER

ZO Slater spoke to the board about Automated Design and Consulting Services (ADC) currently located in Lansing and provided board members with packets provided by that company. ADC has begun an application process with the Zoning Office and ZO Slater said he has been lingering with it because he feels it has a lot of issues. The company has publicly declared that it is bringing 850 jobs to the Town of Dryden. They have provided a plan that shows a buildout of 14 buildings and talks about the overall project. It is clearly subject to special use permit and the SEQR process. He said the prime goal of SEQR is to evaluate the environmental impacts of the general neighborhood, immediate community, local community and intercommunity infrastructure. There is a possibility of segmenting a project, but the SEQR process says it is clearly contrary to the goal of SEQR, which is to evaluate the overall impact of a project as fully proposed. ADC does not want the Town to consider the overall project, but want only Phase I considered. Phase I consists of a 35,000 square foot building with about 60 jobs, doubling their current 30 jobs. They anticipate a subsequent 7 to 11 more phases during the next four years. The project will start in 2007 and complete in 2010.

ZO Slater has discussed this at length with Tompkins County Planning and D Kwasnowski and determined that based on what the applicants presents and has gone public with that this is a 47 acre project with an impact of 850 jobs because that is what the owner says will ultimately happen. He said that makes it a Type I project because it involves the development or alteration physically of more than 10 acres of property. While applicant says he will provide onsite private well and septic service for Phase I, he anticipates the Town will bring municipal services for water and sewer for the remaining phases. For the most part the jobs are technical and technical support and there will be a large impact to infrastructure, roads, the school system, community and fire services. In that case, it would be a positive SEQR declaration and result in a long process.

D Kwasnowski said the board could ask for a generic environmental impact statement for the whole project. That would give you an idea of the impact to the community overall, and then when the project is segmented you can require separate EIS’s as it moves along on issues that were identified in the generic EIS. ZO Slater said this project has potential for a coordinated review.

Atty Perkins said when the application is complete, the board can start its environmental review, and when a positive declaration is made, the burden shifts to the applicant. ZO Slater said the application may be ready for review at the January 11, 2007 meeting.

ENVIRONMENTAL PLANNER

Dan Kwasnowski has previously provided board members with a draft local law commission proposal. Part of that is a proposal to hire a part-time assistant planner to focus on implementation of the Stormwater Management Plan, and he is recommending Debbie Gross (former Environmental Planner for the Town) for that position. He expects it will take about seven months to complete at a cost of $30,000 (salary and expenses). He had allocated $50,000 for this in his budget. D Kwasnowski would like her to start in January, and if she finishes the project early, there are other things she could work on. He suggested the stormwater product could be set at a certain amount, and they could add a couple of other things if that was completed early. The board agrees this is a good way to proceed and Atty Perkins will draft a contract.

D Kwasnowski said he has not presented his proposal to any other boards at this point. It is what the Conservation Board wants and serves what he discussed with the Planning Board. He said this process involves all the boards and if there is a problem it will be sent to the Planning Board for resolution. There are people on these boards that are dedicated and willing to devote their time, and it is an opportunity to at least set policy. At the end, whether or not you have the ordinances drafted, at least you’ll have policies and a report from the commission. He said there should probably be a generic environmental impact statement to go along with it because there will be significant changes to town policy.

The board asked D Kwasnowski to forward his most recent proposal to the Planning Board. J Lalley has indicated interest in serving on the commission. D Kwasnowski said his roll would be to bring together the commission, set the meetings, and then assist with working through the issues. A consultant would be hired for specific components. Atty Perkins said the Town Board should be directing the decision-making. All meetings would be open to the public. Cl Christofferson said he is excited about the idea but wants to understand how it would be put together and would like D Kwasnowski to do a presentation on it. ZO Slater suggested a meeting be set up to bring all the boards together and D Kwasnowski could present the process to all of them together. They will try and set a date in January for this meeting.

TOWN CLERK

Town Clerk B Hollenbeck asked the board to approve the November minutes.

RESOLUTION #183 – APPROVE MINUTES

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

RESOLVED, that this Town Board hereby approves the town board meeting minutes of November 2 and November 15, 2006.

2nd Cl Tier

Roll Call Vote Cl Christofferson Yes

Cl Tier Yes

Supv Trumbull Yes

Cl Stelick Yes

Cl Sumner Yes

B Hollenbeck said tax bills will be mailed at the end of the year and asked the board to authorize postage for those in an amount not to exceed $1,850.00.

RESOLUTION #184 – AUTHORIZE POSTAGE FOR TAX BILLS

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

RESOLVED, that this Town Board hereby authorizes the Supervisor to write a check to the Dryden Postmaster not to exceed $1,850.00 for mailing the 2007 Town & County bills on or about December 29, 2006.

2nd Cl Stelick

Roll Call Vote Cl Christofferson Yes