Minutes of June 28, 2006

TOWN OF DRYDEN

SPECIAL TOWN BOARD MEETING
June 28, 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

Other Town Staff: Mahlon R. Perkins, Town Attorney

Daniel Kwasnowski, Environmental Planner

Andrew Sciarabba, TG Miller Engineers

Supv Trumbull opened the meeting at 5:30 p.m. and led board members and audience in the pledge of allegiance. The purpose of the meeting is to present the plans for the new town hall building and explain the funding.

Cl Christofferson and Anton Egner gave a presentation of the process leading up to the present time and explained the floor plan of the building. Since 1989 the town board and town staff have been exploring expanding the current site or moving to a new site to accommodate increased staff and space needs. The goal is to provide better service to residents, and new regulations and demands from the state have been imposed causing an increase in staff and programs. The town has been putting funds aside to cover the expense. Several sites were considered including one on Hanshaw Road, the West Dryden Community Center, the old Box Car Restaurant, the Katsiroumbas property on Route 38, the Aramark building on Route 13, the old John Deere building in the Village of Dryden, and expanding the current location. The Town ultimately purchased property adjacent to its current location and has chosen to build a new town hall up the road from its current location.

A Egner explained the site location, including delineated wetlands, roadways, and the design for the new building, including office spaces, circulation space, and common areas. The Court area has accommodations for prisoners as well as rooms for arraignments, jury deliberations, etc. The main meeting/courtroom is much larger than the current room and has an elevated platform and a jury box. There is a media room for copying and printing materials and preparing mail and unallocated office space for future use. The Court offices and Town Clerk have vault storage areas. The outside will be red variated brick with pre-cast concrete sills and architectural block. There will be bulletin boards and display areas in the lobby.

Cl Sumner asked about future possible expansion of the building and A Egner said the site is limited, however it could be expanded into the parking area and additional parking area provided for perhaps downhill.

Cl Christofferson said the cost of the building is a little less than three million dollars. The Town has $541,000 in a building fund that was previously established, $2,197,000 will come from general capital reserve, and $227,000 from unreserved fund balance. These funds were saved in anticipation of a building fund and resolutions will be made to establish this tonight. There will be no new tax levy to fund the construction of the building.

The board expects to send this out to bid in July and open the bids and award the contracts in August. Construction is expected to begin in September 2006 and occupancy is expected for the summer of 2007. Cl Christofferson said this is an aggressive schedule but they expect to be able to accomplish it.

Operations costs have not been estimated at this point. The building will be well insulated and have geo-thermal heat, which will cost a little more to install but is estimated to have a 7-year payback.

When asked what the plans were for the current town hall, Cl Christofferson said they have talked about possibly some recreation space, offices for the highway department, meeting space, or community center type space that people can use for public meetings, but it has not been decided yet.

The board reviewed the environmental assessment form for the project.

RESOLUTION #110 – NEGATIVE DECLARATION UNDER SEQR FOR NEW TOWN HALL

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

WHEREAS,

A. The proposed action involves consideration of the construction of a new Town Hall for the Town of Dryden at 93 East Main Street in the Village of Dryden, including access drives, parking, landscaping, water and sewer connections.

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 Full Environmental Assessment Form (the “Full 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 Full 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 Full 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 Full 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 an Environmental Impact Statement will not be required, and

The Town Supervisor 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 Full EAF and determination of significance shall be incorporated by reference in this Resolution.

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 board should next consider the resolution establishing a Town hall capital reserve fund. Establishment of a specific fund like this is subject to a permissive referendum. This resolution provides the board will establish this fund and upon the effective date of the resolution (30 days from this date unless a petition is filed for a vote) the Supervisor will transfer into this fund the balance in the town wide general reserve fund, and whatever is in the Town building fund. Expenditures from that fund will not be subject to any further permissive referendum.

RESOLUTION #111 – RESOLUTION ESTABLISHING TOWN HALL

CAPITAL RESERVE FUND

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

WHEREAS, the Town Board has reviewed plans and specifications for the construction of a new town hall, including associated site work, general construction, heating, ventilating and cooling, plumbing and electrical work (the “Project”) all as prepared by the architects of the Project, Egner Architectural Associates, LLC,

WHEREAS, since at least 1989, the Town has provided for funds to be deposited into reserve accounts to cover capital projects, including the Project, and

WHEREAS, pursuant to the requirements of General Municipal Law, it is necessary to formerly create, designate and authorize specific capital reserve funds and authorize expenditures from such funds, and further, pursuant to the Town Law, it is necessary to approve the construction of a Town Hall, and

WHEREAS, sufficient funds have been set aside and currently exist to fully fund the Project without the necessity of borrowing, and

WHEREAS, the Project has been presented to the public at an informational meeting, including the method of payment thereof, and

WHEREAS, the Town Board has completed the uncoordinated environmental review of the project in accordance with Article 8 of the New York State Environmental Conservation Law – the State Environmental Quality Review Act and has made a negative determination of environmental significance (“Negative Declaration”) in accordance with such law,

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

2. Pursuant to General Municipal Law 6-c, the Town Board hereby establishes a capital reserve fund to finance the cost of the construction of a town hall, including site development, parking, access roads and drives, and water and sewer connections (the Project).

3. It is the intent of the Town Board to accumulate all of the costs of the Project, the maximum cost of which is estimated not to exceed $2,965,000.

4. The Town Supervisor, as the Chief Fiscal Officer of the Town, is hereby directed to deposit monies of this reserve fund in a separate bank account to be known as “The Town Hall Capital Reserve Fund.”

5. Upon the effective date of this resolution, the Town Supervisor, as the Chief Fiscal Officer of the Town, is hereby directed to transfer to the Town Hall Capital Reserve Fund the entire balance then deposited in the “Town of Dryden General A Reserve Fund.”

6. Upon the effective date of this resolution, the Town Supervisor, as the Chief Fiscal Officer of the Town, is hereby directed to transfer to the Town Hall Capital Reserve Fund the entire balance then deposited in the “Town Buildings Reserve Fund.”

7. The Town Supervisor, as the Chief Fiscal Officer of the Town, is authorized to invest, from time to time, the monies of this fund pursuant to Section 11 of the General Municipal Law.

8. No expenditure from such fund shall be made except upon authorization of the Town Board.

This resolution is subject to a permissive referendum as provided in Article 7 of the Town Law.

2nd Cl Tier

Roll Call Vote Cl Christofferson Yes

Cl Tier Yes

Supv Trumbull Yes

Cl Stelick Yes

Cl Sumner Yes

The board discussed the date for the bid opening and its relation to the next board meeting and decided that if bids were opened on August 8 at 2:00 p.m. they would have sufficient time to review the bids prior to the August 10 board meeting. The building committee will meet with A Egner on August 9 at 5:30 p.m. to review the bids.

RESOLUTION # 112 – AUTHORIZATION FOR SOLICITATION OF BIDS

FOR NEW TOWN HALL

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

WHEREAS, the Town Board has reviewed the plans and specifications for the construction of a new town hall, including associated site work, general construction, heating, ventilating and cooling, plumbing and electrical work (the “Project”) all as prepared by the architects of the Project, Egner Architectural Associates, LLC, and

WHEREAS, the Town Board has provided the payment of the costs associated with the construction of a new town hall by the creation of a Town Hall Capital Reserve Fund and the funding of such fund from existing reserve funds, and

WHEREAS, there exists sufficient funds in the unreserved/unappropriated fund balance to cover the difference between the balance in the Town Hall Capital Reserve Fund and the projected construction costs of said town hall, and

WHEREAS, between the reserve fund and the unreserved/unappropriated fund balance, the entire Project can be completed without the necessity of borrowing, and

WHEREAS, the Project has been presented to the public at an informational meeting, including the method of payment thereof, and

WHEREAS, the Town Board has completed the uncoordinated environmental review of the project in accordance with Article 8 of the New York State Environmental Conservation Law – the State Environmental Quality Review Act and has made a negative determination of environmental significance (“Negative Declaration”) in accordance with such law,

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

9. The Town Supervisor, in connection with the architect for the Project is hereby authorized to solicit bids in accordance with the Bid Documents for the Project including the Project drawings and specifications.

10. Separate bids for a) general construction; b) heating, ventilating and cooling work; c) plumbing work; and d) electrical work shall be solicited.

11. The bid opening shall be scheduled by the Town Supervisor in consultation with the architect, but in no event later than August 8, 2006.

The Town Board reserves, in its absolute discretion, the right to reject any or all bids and to waive any or all informalities in such bids.

2nd Cl Stelick

Roll Call Vote Cl Christofferson Yes

Cl Tier Yes

Supv Trumbull Yes

Cl Stelick Yes

Cl Sumner Yes

B Hollenbeck said she had been contacted by Vaughn and Susan Sherman who are applying to NYS Environmental Facilities Corporation to be an E Farm program. This program is designed to help farmers comply with State Environmental Regulations and farms that are permitted by DEC and designated as concentrated animal feeding operations are eligible to apply. They need the Supervisor’s signature on the documents and B Hollenbeck checked with their office in Albany to see what if any responsibility the Town had and was assured the Town had no responsibility and is under no obligation to see the funds are spent appropriately, etc. The board agreed the Supervisor should sign the document.

Paul Simonet told the board this has been a slow train coming and they had done a nice job. Cl Christofferson thanked everyone who has been working hard on this project.

On motion made, seconded and unanimously carried, the board moved into executive session at 6:50 p.m. to discuss the possible acquisition of real property, which if publicly discussed could affect the value thereof. No action was taken, and there being no further business, the meeting was adjourned at 7:10 p.m.

Respectfully submitted,

Bambi L. Hollenbeck

Town Clerk