TOWN OF DRYDEN TOWN BOARD MEETING February 21, 2013

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1 TOWN OF DRYDEN TOWN BOARD MEETING February 21, 2013 Present: Elected Officials: Other Town Staff: Supervisor Mary Ann Sumner, Cl Stephen Stelick, Cl Joseph Solomon, Cl Jason Leifer, Cl Linda Lavine Bambi L. Avery, Town Clerk Jack Bush, Highway Superintendent Mahlon Perkins, Town Attorney Jane Nicholson, Senior Planner Kevin Ezell, Code Enforcement Officer Supv Sumner opened the meeting at 7:08 p.m. and board members and guests participated in the pledge of allegiance. Helen Thompson, Peruville Rd, said she and her husband were here last year for a meeting regarding CEAs. She left without answers to some questions. She was confused about the map. She asked why the new enlarged CEAs were established, the reasoning behind it, and, if there was an expense, who paid the cost. Supv Sumner said there was no expense. The Conservation Board took on the task of reviewing the natural areas in the town, and according to criteria established by state, they very closely and for months examined areas that were likely to have those characteristics and made recommendations to board. H Thompson asked if the Conservation Board initiated that on their own and Supv Sumner said the Town Board may have asked them to do it because of increasing development pressure and the urgency of preserving critical areas. Cl Lavine said they wanted to have information up front when it was needed. It helps to know what lands should be preserved within the Town and what special features there are. H Thompson said this in addition to what the DEC has done in the past. They have already designated areas. Supv Sumner said the DEC is in the process of remapping wetlands. There are state and federally designated wetlands, but those are not the only environmental areas that can be considered. H Thompson said unless it happened without their knowledge, no one walked their property. They would like their property removed from CEA 1. Supv Sumner urged Mrs Thompson to make an appointment with her or someone in the Planning Department. Critical Environmental Areas 1, 2 and 5 have been established. Supv Sumner said the board has paused in proceeding until they can have neighborhood meetings. Helen Thompson said they weren t given that consideration and would like their property removed from the classification. Supv Sumner said factors exist whether the property owner wants it to be designated or not, based on the environmental area. H Thompson s request to have their property removed was duly noted by the Supervisor and Ms Thompson will schedule an appointment to speak with the Supervisor and/or Planning Department staff. David Thompson said UNA areas have existed in Tompkins County for years. They are in areas that have probably not ever been in agriculture. The way they were was perfectly okay without the CEAs. He has questions and concerns about the board enlarging the area. The Page 1 of 23

2 UNA were well defined years ago. The DEC has issued requirements in use of such lands. He has to comply with regulations to work in the wetlands on his property. It seems the DEC is the ruler on what he is to do with his land. DEC has said that creation of CEAs was not to be used willy-nilly. A good example is the protection of the Cortland aquifer. A lot of guidelines are needed there and he is in favor of that. There is no aquifer near him like the Cortland aquifer and the CEAs are a big encroachment on private land ownership. This is a duplication and irresponsible use of taxpayer money to go through all the CEAs. He asked about the aerial photography and was told it was not new, and is publicly available for use from the state. He said taxpayers still paid for it. The CEAs have encroached upon private land ownership that is already regulated by UNAs and they don t need this expansion. He asked why the expansion was done. Supv Sumner said she is happy to meet with him and explain. Mr. Thompson asked the Town Board to remove their property from CEA 1. Don Scutt said he is disappointed with the budget this year. There were no tax savings to him. The town stayed par for the course and there was no real savings. There were token changes. The budget looks very unprofessional and disorganized. He believes the board s primary role is the fiduciary responsible to its citizens. He sees a collision course with the budget. Expenses are funded off reserves. The board is either planning for a failure or for taxes to substantially go up, or is expecting that sales tax revenue will significantly increase to cover expenditures. He believes, based on decline of the stock market, that Wall Street believes that growth in economy comes from the government sector and is trending downward. If the town has bet its budget based on increased tax revenue, there will be problems. He said the board probably has two years before it will have to significantly increase property taxes. The board should be working on its budget for next year now, and looking at other funding sources and ways to increase revenue. Please cut property taxes by 10% this coming budget year. Supv Sumner said the board did cut town expenditures this year by ten percent. Bruno Schickel asked when the Supervisor expects to file the annual update document with NYS that shows actual expenditures and revenues. Supv Sumner said it is due by the end of March. The board routinely authorizes an extension to the end of April, but she expects it will be filed by the end of March. B Schickel said this should be on the front burner and the board should be acutely aware of expenditures and revenues of the town. In 2011, expenditures exceeded income by 1.3 million dollars. Reliance on fund balance is creating a problem. The board has to get a hold of the 2013 budget now and he recommends making modifications to that budget. You have to cut spending more than is already proposed if you are going to bring this in to a soft landing. He agrees with the soft landing approach, but it can t wait another year. Cl Leifer said they are not waiting. He and Cl Stelick are meeting tomorrow because they received some figures they can work with from the bookkeeper last week. B Schickel said he is anxious to see the annual update document because it is the way the public can see actual expenditures. B Schickel said the appointment of the chair of the Conservation Board is on the agenda. He has sat in on meetings here when people with questions about CEAs are directed to talk to people on the Conservation Board or attend one of their meetings. He has attended their meetings and the Chairman announces at those meetings that only members of the board are allowed to speak at the meeting. The Chairman proudly announces that rules do not allow for public comment. He asked who created those rules. Cl Lavine said she is the liaison to the Conservation Board and at their recent meeting they discussed changing that rule to allow for a privilege of the floor. Page 2 of 23

3 Supv Sumner said there is no requirement for citizen comment. There are often meetings with open discussion, but some of the meetings involving the CEAs did not because they were time consuming. B Schickel said the Charlie Smith would read a statement at the beginning of the meeting about how their rules do not allow public comment. Cl Lavine said that if this had been brought up formally sooner, it would have been changed sooner, but it is about to change. It is a recognized need. B Schickel said he thinks the Town Board should specifically make rules that the public does have an opportunity to speak. A small board should give enormous latitude to the public and their ability to input. The Town Board gives the public ample time, they seek it, allow it, and that is a good thing. For a small board to take this position is so undemocratic and outrageous and so counter to the comments made by the Thompsons. They would have blocked from getting answers to their questions from that board. Cl Lavine said previously there was probably not a lot of interest in what the Conservation Board was doing. B Schickel said the Chairman used that rule to run roughshod over the public. Supv Sumner said their agenda was full, and they accomplished a lot of work. Cl Lavine said you need rules that allow the public to say something, and you might need rules to restrict how long those comments are. But it has clearly been decided to change that. B Schickel said he does not think that Charlie Smith was a good chairman. He could have been much more effective at communicating with the public. A question was asked earlier about the cost of CEAs, and B Schickel said the fact is that there were many staff hours, much printing and much mapping. Much effort and time on the part of staff were spent on CEAs and that comes with a cost that should be recognized. Aaron Thompson said the board is doing a lot of stuff and studies and re-zoning of environmental areas to limit growth and to protect the environment. He asked what was being done to encourage people moving into the town, open up zoning for businesses and other people to build to increase tax revenue to help offset budget deficits. Supv Sumner said a lot of the changes in zoning were designed to encourage growth in designated areas. She doesn t see a conflict with CEAs and business growth. One wouldn t build a business in a wetland. Joe Wilson, Hunt Hill Road, addressed the board on behalf of DRAC and with regard to the draft road protection law. Members of DRAC are concerned that in relatively short time we might be hit with increased traffic that will shorten the life of town roads or render them unsafe or unusable. They applaud the board for being proactive and consulting with experts regarding protection of roads and coming up with a draft law and draft procedures for future protection of roads. They have reviewed the draft law and think that on principle the law appears to be understandable, fair and reasonable, and will accomplish the task of maintaining our roads and putting the cost of extraordinary use and damage on those who cause that damage. In general they think it looks promising, but do have a series of questions about it and procedures and implementation. They have questions about the expertise of those implementing the law. Those questions have been put into a document that was distributed (attached). They ask that the board designate someone to respond to them before the next board meeting or before the Page 3 of 23

4 first time there is a public discussion by the Town Board of the draft law. J Wilson is the person designated by DRAC for contact. He thanked the board for trying to stay of ahead of this issue and for the work that has been done. Supv Sumner said they are in the process of planning a stakeholder meeting about the road use protection law. She would like one meeting for stakeholders and one for the general public. She said they will make an effort to respond before those meetings are scheduled. Marie McCrae congratulated Town Clerk Bambi Avery on obtaining her Certified Municipal Clerk designation and said that whenever she has visited or called the Clerk s Office, it has been a good experience. She has always been treated very well and received the information that she needed. M McCrae wants to make the board aware of two sustainability efforts in Dryden, supported and sponsored by members of DRAC. The first is a monthly event called Solar Tour Dryden. It premiered on February 19 with a visit to a home on Turkey Hill Road, where the solar array offsets their household electric use, powers their geothermal pumps and powers their electric car Sustainability Report tells her that residents of Dryden value their rural heritage and also strive for sustainable future. With that goal, we must look at alternatives to fossil fuel for heating and transportation. In 2010 only 5% of Dryden homes were heated with fuels other than fossil fuels. DRAC members would like to see a significant increase in the percentage of households using solar power in the near future. They are offering kitchen table conversations once a month where people can ask questions of neighbors with experience. The 2013 Solar Tour Schedule is full through July and is available on their website: Related to that is a three-town project called Solarize Tompkins Southeast. Members of DRAC have joined with volunteers in Caroline and Danby to take some of the obstacles out of installing solar systems on residences or businesses in those towns. This is a limited time project going only through December Their object is to increase by 3 or 4 times the number of solar installations in all three towns. They will select one or more certified installers through a competitive bid process. Installers will be offered a pool of potential customers through an interest survey on the DRAC website. This reduces the installers need for marketing, and gives them a change to do bulk buying. That in turn will equal savings to homeowners who follow through with installation. Two meetings will be held in each town where interested property owners will learn about the program and installers. We also need to look at fossil fuel use for transportation. The sustainability report states that in 2010 almost 6500 people in Dryden commuted alone to work. Solar panels can charge an electric car and cut down on emissions. DRAC is looking toward a sustainable economy in Dryden and would like help spreading the word about these programs. PUBLIC HEARING RYSZARD WAWAK 6 MINEAH ROAD GARAGE CONVERSION Supv Sumner opened the public at 7:40 pm and Town Clerk read the legal notice published in The Ithaca Journal. Applicant R Wawak said he is converting one bay of a 3-bay garage to a studio apartment. There will be no changes to the outside of the building. The area is appropriately zoned, and the use requires a special permit. Page 4 of 23

5 There were no questions from the board. They had reviewed the application and had a brief presentation by planning department staff at the agenda meeting. There were no comments or questions from the public. Environmental Assessment form was prepared by the applicant. Tompkins County Planning has reviewed the application under 239 and have no comments. TOWN CLERK The public hearing was left open. RESOLUTION #39 (2013) APPROVE MINUTES Cl Solomon offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the meeting minutes of January 3, January 3, January 10, and January 17, nd Cl Stelick Roll Call Vote Cl Stelick Cl Solomon Supv Sumner Cl Leifer Cl Lavine UNFINISHED BUSINESS Supv Sumner explained the town has an opportunity to lease solar equipment from Solar Liberty. The expense to the town for the lease term of 180 months is $22,500 for the town hall building and $41, for the highway garage. Over the term of the lease the town is expected to save over $45, If in any month there isn t a savings, Solar Liberty will credit the difference against the next months lease payment. She noted the solar energy will help power the geothermal pumps. RESOLUTION #40 (2013) - AUTHORIZING THE EXECUTION OF SOLAR EQUIPMENT LEASES AND INSTALLATION AGREEMENTS WITH SOLAR LIBERTY ELECTRIC COMPANY, INC. AND SOLAR LIBERTY ENERGY SYSTEMS, INC. Supv Sumner offered the following resolution and asked for its adoption: WHEREAS, the town has investigated the feasibility and economics of entering into a long-term lease with Solar Liberty Electric Company, Inc. for Grid-Intertie Photovoltaic Generating Systems for the town hall at 93 East Main Street, Dryden, and the town highway garage at 61 East Main Street; and WHEREAS, the systems will be owned by Solar Liberty Electric Company, Inc. and installed by Solar Liberty Energy Systems, Inc.; and WHEREAS, the systems will be maintained by Solar Liberty Electric Company, Inc.; and WHEREAS, the structural ability of the town hall roof and highway garage roof to support the roof-mounted systems has been the subject of Preliminary Structural Condition Assessments by a licensed professional engineer who has determined that the roof structures can satisfactorily withstand the applicable loads; and Page 5 of 23

6 WHEREAS, the proposed leases contain a savings guaranty and the utilization of photovoltaic-generated electricity will assist the town in becoming more sustainable in its energy consumption; and WHEREAS, the New York Energy Law specifically authorizes the lease of the systems, now, therefore, BE IT RESOLVED, AS FOLLOWS: 1. The town supervisor is authorized to execute a Solar Equipment Lease for the town hall for 180 months for a total cost of $22, The town supervisor is authorized to execute the Installation Agreement for a 116 photovoltaic panel system at the town hall. 3. The town supervisor is authorized to execute a Solar Equipment Lease for the town highway garage for 180 months for a total cost of $41, The town supervisor is authorized to execute the Installation Agreement for a 221 photovoltaic panel system for the town highway garage. 5. This resolution supersedes any prior resolutions or authorizations regarding authorizations to enter into any agreements with any vendor for any photovoltaic system. 2 nd Cl Stelick Roll Call Vote Cl Stelick Cl Solomon Supv Sumner Cl Leifer Cl Lavine WAWAK PUBLIC HEARING Supv Sumner closed the public hearing at 8:00 p.m. The board reviewed the environmental assessment form, and based on that information passed the following resolution. RESOLUTION #41 (2013) NEG SEQR DEC WAWAK SPECIAL USE PERMIT Cl Leifer offered the following resolution and asked for its adoption: WHEREAS, A. The proposed action involves consideration of the application of Ryszard Wawak to convert a garage at 6 Mineah Road to a studio apartment. 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 Long Environmental Assessment Form (the Long EAF ), Page 6 of 23

7 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 Long 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 Long 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 Long EAF, Part II, including the findings noted thereon (which findings are incorporated herein as if set forth at length), hereby makes a negative determination of environmental significance ( Negative Declaration ) in accordance with SEQR for the above referenced proposed action, and determines that neither a full Environmental Assessment Form, nor an Environmental Impact Statement will be required, and 2. The Responsible Officer of the Town Board of the Town of Dryden is hereby authorized and directed to complete and sign as required the determination of significance, confirming the foregoing Negative Declaration, which fully completed and signed Long EAF and determination of significance shall be incorporated by reference in this Resolution. 2 nd Cl Solomon Roll Call Vote Cl Stelick Cl Solomon Supv Sumner Cl Leifer Cl Lavine RESOLUTION #42 (2013) APPROVE WAWAK SPECIAL USE PERMIT Cl Stelick offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the special use permit application of Ryszard Wawak to covert a garage to a studio apartment at 6 Mineah Road, subject to the Standard Conditions of Approval ( ). 2 nd Cl Solomon Roll Call Vote Cl Stelick Cl Solomon Supv Sumner Cl Leifer Cl Lavine HIGHWAY/DPW DEPARTMENT Highway Superintendent Jack Bush addressed the board regarding actions he would like them to take tonight and he would be spending a little more time and giving them background information. He said in 1995 the tax rate was $2.65, decreasing until 2006 to $1.44 and it has remained about that. With respect to the deficit spending issue at last election time, he said it may or may not be depending on what you believe, and the truth may lie somewhere in the middle. Spending down the fund balance may not be bad, depending on Page 7 of 23

8 the intent of the spending. Was the money spent or invested wisely? He is here to protect the highway department and is concerned about the town as a whole. He isn t sure anyone is entirely right or wrong, and the answer is really somewhere in the middle. The highway budget is a large part of the municipal budget, but it is also a function of local government. The Highway/DPW mission statement is: The Town of Dryden Highway Department and Department of Public Works employs for providing construction, maintenance, and improvements of town infrastructure throughout the year and snow removal during the winter season in a safe and cost effective manner. He said he is always looking for efficiencies, looking at the whole picture and wondering whether his decisions will affect the budget. Options that come to mind with respect to the budget, would be to promote growth to increase the tax base, increase tax rates or fees to increase revenue, cut spending or find ways to save money, or reduce service. His position doesn t directly promote growth, but indirectly does by providing well-maintained roads. By September 20 each year he submits a budget request to the Town Supervisor with the intent of not raising the tax rate. After the Supervisor and bookkeeper input numbers, decisions are made whether to make changes. In order to cut spending by having plans in place to reduce costs over time or to maintain a fairly consistent budget pattern, he has developed an equipment replacement plan and road surface management plan. His goal has always been not reduce services, but if possible to provide better service by finding ways to be more efficient and save money. One way to save money is to purchase equipment that has multiple uses for an entire year. In 1999 there was equipment not used for a whole year and some trucks that were only used in winter or summer. He sold the snowplows and bought multipurpose trucks. Renting equipment versus buying saves money. It eliminates maintenance costs, you have the rightsized equipment and there is no depreciation. Intermunicipal cooperation saves moneys. For example, the Village of Groton supplies a bucket truck to the town and we give them a truck and operator when they are paving. A recycling method will be used this year when paving to save money. J Bush said in many ways the Highway Department revolves around snowplowing. New York winter weather requires snow and ice removal. In order to do the work it requires labor, equipment and material. The town has to have a certain number of employees and snowplows to cover approximately 236 lane miles of roadway. He is constantly trying to find ways to save expense and stay within a budget. With respect to labor, when he began working for the Highway Department in November of 1986, there was only the Highway Department. There was no Department of Public Works. The Department of Public Works maintains the Dryden Lake Park, Etna Park mowing, the Jim Schug Trail, Virgil Creek Dam, Virgil Creek near Lake Road, and the new Town Hall. The unfunded cemeteries had not been maintained, and they weren t fixing water and sewer breaks, which were contracted out. A payroll certification in 1987 shows the pay range for hourly employees was $5.25 to $9.10. The Highway Department employed one elected Highway Superintendent, one Deputy Highway Superintendent, 20 full time and 5 seasonal workers. Today two departments exist: Highway Department and Department of Public Works. The Highway/DPW Superintendent oversees both departments and appoints a Deputy Highway Superintendent and a secretary. There are currently 14 full time highway employees, and 4 seasonal sub-drivers (2 have not been called this year). This equals one full time employee for 16.9 lane miles. There are three DPW employees that maintain the places listed earlier, and now we have added Campbell Meadow Park. The three DPW employees assist the Highway Department with snowplowing to reduce the need for additional highway employees. There was a fourth DPW person who resigned and the position is not being filled. Today the pay range for hourly employees is $14.35 to $21.45 per hour. In order to do the snowplowing, thirteen highway employees and three DPW employees have a CDL licenses. There are 11 snowplow routes, done by 10 employees during first shift and 6 employees covering the 2 nd shift with Page 8 of 23

9 consolidated routes. One route is done by the Village of Freeville under intermunicipal sharing. Adjustments are made as needed to cover the routes. All these things are considered in addressing the budget. With respect to equipment, J Bush said he uses a replacement schedule and provided board members with a copy. It is basically an inventory of the larger equipment. Each piece has been assigned a replacement cycle. It is tweaked each year with the intent of saving more money. He had originally planned for replacement every 6 years for 10-wheel trucks, the idea being that the truck would still have half its value when sold. An example of problems he has encountered is that a piece of equipment scheduled for replacement would not be on state bid and therefore be more expensive and so purchase of that equipment would be postponed. The replacement cycle numbers in the plan have been tweaked again. There is an allowance for inflation. The budget each year has been $382,000 for highway equipment. He learned this process from the Cornell Local Roads Program. A few years ago Highway and DPW reserve accounts were established. When that was done he had asked to have the unspent money appropriated for equipment each year and put it into the reserve and also funds from equipment sold were to be added. He had assumed that would happen. According to the bookkeeper, right now the highway equipment capital reserve has $296,448.72, and the DPW capital reserve has $34, Though he promoted a process, it didn t get done, but that s okay. Supv Sumner said if it s true that it didn t get done, there was a change of personnel and other things, but when she went over it, it was clear that the equipment purchased in the three years we ve been doing this, was under budget and the equipment sold tends to be over budget. When the transfers are made that were intended for 2012 fund balance, they will be back above where the funds were initially established. J Bush said based on his plan, he will only need money from the reserve in 2020, 2022 and 2023, with the assumption that purchases and sales are made according to his plan. The reserve balance at the end of 2023 is estimated to be $244,700. He understands concerns about using up fund balance, but he feels confident his plan is working and if we continue to appropriate a certain amount, we will be okay equipment-wise. The plan shows that in 2014 he will be able to lower the budgeted amount and lower it further in 2015 and beyond. For the DPW in 2014, using the same plan, he will be able to reduce the $53,000 budgeted to $20,000. Supv Sumner agrees this is a good plan. She added that of the 1.3 million in fund balance used in 2011, $600,000 was to set up this and the recreation reserve. It shows as an expense that year, but was transferred to savings. It is a pretty strong plan. The price of a tandem axle snowplow in 1999 was approximately $104,000. Today it is $290,000. Municipalities are now able to piggyback on other county bids in an effort to get the best price. J Bush reviewed his purchase and sale plan for this year, noting that one truck scheduled for sale was purchased seven years ago for $20,049 off state bid and will be sold for $13,000, costing the town about $1,000 per year to own. RESOLUTION #44 (2013) AUTHORIZE PURCHASE AND SALE OF HIGHWAY/DPW EQUIPMENT Cl Stelick offered the following resolution and asked for its adoption: Page 9 of 23

10 RESOLVED, that this Town Board hereby authorizes the Highway/DPW Superintendent as follows: To sell one used 2000 Volvo tandem axle tractor/truck with snowplow equipment vin. #4V5JC8UFX1N at a surplus auction or by advertisement to bid or to a public entity. To sell one used 2000 Ford 550 s/a dump truck vin. #1FDAW57F1YEE08267 at a surplus auction or by advertisement to bid or to a public entity. To sell one used 2006 Chevy 4X4 Pickup Truck vin. #1GCHK24U66E at a surplus auction or by advertisement to bid or to a public entity. To sell one used military flat bed trailer given to us by Tompkins County (info unknown) at a surplus auction. To advertise for bid or purchase off the state contract or purchase off a county bid in New York State one new and unused heavy duty tandem axle dump truck with snowplow equipment for the Highway Department not to exceed $209,000. To advertise for bid or purchase off the state contract or purchase off a county bid in New York State one new and unused medium duty single axle dump truck with crew cab for the Highway Department not to exceed $62,000. To advertise for bid or purchase off the state contract or purchase off a county bid in New York State one new and unused medium duty single axle dump truck with snowplow equipment for the Highway Department not to exceed $100,000. To purchase one new and unused DPW equipment hauling trailer for the Department of Public Works not to exceed $4, nd Cl Leifer Roll Call Vote Cl Stelick Cl Solomon Supv Sumner Cl Leifer Cl Lavine RESOLUTION #44 (2013) - AUTHORIZING PURCHASE OF MATERIALS, EQUIPMENT OR SUPPLIES, OR CONTRACT FOR SERVICES THROUGH TOMPKINS COUNTY OR ANY COUNTY WITHIN THE STATE Cl Stelick offered the following resolution and asked for its adoption: WHEREAS, the town superintendent of highways is required to comply with the requirements of General Municipal Law 103(1) requiring the letting of bids for public work and purchase contracts, and WHEREAS, General Municipal Law 103(3) permits the purchase through Tompkins County by the town superintendent of highways such materials, equipment, supplies and contracts for services as have been the subject of the County s bid process for such materials, equipment, supplies of contracts for services (herein purchases ), and WHEREAS, General Municipal Law 103(3) also permits the purchase through any county within the state by the town superintendent of highways purchases which have been Page 10 of 23

11 the subject of that county s bid process, provided such county has authorized such purchase in its contract with its vendor and has adopted the rules prescribed by County Law 408-a(2) setting the conditions under which, and the manner in which such purchases may be made, and WHEREAS, for reasons of efficiency, cost savings, and providing as many options as possible for such purchases by the town superintendent of highways, it is in the public interest to authorize such purchases through Tompkins County and other counties, now, therefore BE IT RESOLVED, that the town superintendent of highways be authorized to make such purchases through Tompkins County, or through any other county within the state which has so authorized such purchases. 2 nd Cl Solomon Roll Call Vote Cl Stelick Cl Solomon Supv Sumner Cl Leifer Cl Lavine The board reviewed and approved the agreement with the Highway Superintendent for use of town-owned machinery, tools and equipment and it was signed by board members and the Highway Superintendent. RESOLUTION #45 (2013) APPROVE USE OF TOWN-OWNED HIGHWAY MACHINERY, TOOLS OR EQUIPMENT AGREEMENT Supv Sumner offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the Use of Town-owned Highway Machinery, Tools or Equipment Agreement for nd Cl Stelick Roll Call Vote Cl Stelick Cl Solomon Supv Sumner Cl Leifer Cl Lavine With respect to materials, J Bush stated he has a 20 year plan for paving and a 5 year plan for surface treatment. The plan is an inventory of town roads, calculated life cycle and work is fit to the budget approved. Appropriated money has always been lower than the cost to completely bring the highway infrastructure up to a no work required status. He distributed an article to board members with respect to road maintenance and reviewed it with them. Costs will skyrocket if maintenance is not done in a timely manner. He said the key is to spend money for surface treating to preserve the life of the roads. He often hears compliments from sales people and others about how good the Town of Dryden roads are. The person that Delta Engineers had come out to evaluate our roads couldn t believe how good they were. This is because of what the board has allowed him to do with the monies and it is paying off. Board members need to consider this at budget time. He will move forward with his plan and defend the Highway Department. Reading from an article he said the 284 agreement is referred to by court as one of the most essential and important provisions of the Highway Law, 284 requires that prior to expending any funds appropriated for improving or repair of highways, the Town Board and the Town Highway Superintendent executing an agreement dictating how and where such funds shall be expended. Page 11 of 23

12 J Bush presented the 284 agreement, which was also provided to board members prior to the meeting, and explained that the items in it were contemplated when his budget was requested last fall and takes into consideration his 2013 cost estimates and his 20 year plan. He noted that the roads scheduled for surface treatment have not been done in five years or more. Parts of Lower Creek Road, Upper Creek Road and Bone Plain Road had been postponed because of the extensive time that it took to get the permits from DEC and Army Corps to replace the pipes. The pipes are now done and the roads are ready for paving. Milled asphalt will be reused in cold mix on Bone Plain Road. If there is any leftover it will be used on other roads. This saves money and uses less energy and less new asphalt. J Bush said the value of the equipment in the Highway Department totals about 3.4 million dollars and DPW equipment has a value of about $200,000. RESOLUTION #46 (2013) APPROVE 284 AGREEMENT Supv Sumner offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the Agreement. 2 nd Cl Solomon Roll Call Vote Cl Stelick Cl Solomon Supv Sumner Cl Leifer Cl Lavine The 284 agreement was signed by all board members and the Highway Superintendent. J Bush noted that in 1999 a ton of hot mix asphalt cost $ In 2012, it was $ COUNTY BRIEFING Mike Lane thanked Jack Bush for a clear and carefully done and informative highway report. He said last week Tompkins County received a 2.5 million dollar grant for its emergency communication system upgrade. Cortland County received 6.5 million toward its communication upgrade. In both grants there is money for interoperability between the counties. This helps with the need to communicate better across county lines. These grants will take care of that. Tompkins County had done that within the county a number of years ago. Being able to communicate across county lines will be helpful for emergency responders. He is hoping for eventual statewide interoperability. Earlier this evening he attended a meeting of the board of trustees of Tompkins Cortland Community College. Enrollment down slightly less than 6% this semester, and they are having to looking at some cost containment. Their three labor contracts are up for negotiation this spring. They are looking at new mandated reforms coming down from the state having to do with the sequencing of courses for students in general education, adding more mandatory courses. The theory is that makes students better able to transfer to 4 year colleges. On the other hand, it makes for early determination by students of course choice or they may not be sequenced the way they want to be, and limits their ability to explore courses and see what they are interested in. Page 12 of 23

13 Charge backs occur for colleges when a student from one county goes to a community college in another county sponsored by taxpayers. Tuition is charged back to the home county. Tompkins County tends to have more students going to TC3 than going from here to other community colleges. The chargeback for the Fashion Institute (classed as a community college even though it is a four-year school) is $10,000 per year to counties. A typical chargeback is $2500 per student. There is talk of this being unfair and it is being taken up at the state. They may only allow two years for the Fashion Institute. The County will have an opening for a seat on the TC3 board of trustees and will be looking for a person for that position. UNFINISHED BUSINESS AFCU Individual Development Accounts Cl Leifer distributed information to the board regarding questions the board had. The source of funds would be from repayment of CDBG federal monies from the Cayuga Press loan. The idea is to help Dryden businesses acquire equipment. The way the contract worked in 2008 was that we would deposit $10,000 with AFCU to be used to fund the IDA program. There were no applicants then, but there is interest in the program now. The contract will be the same as was used in 2008, the only change being that a $10 fee paid by the applicant will now be $20. From the $10,000, a potential 5 to 10 businesses could be assisted. When AFCU has the $10,000, they will be able to draw down a federal matching fund, and that is where the split match comes in. Data will be collected regarding the number of local jobs created, etc. April first is the target start date. This program could evolve into larger projects to assist Dryden businesses. We already have promotional materials from a couple years ago. There will be advertisements and a press release. The Town s Finance Committee will monitor the progress of the program. RESOLUTION #47 (2013) AUTHORIZE AGREEMENT WITH AFCU Cl Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the Town Supervisor to execute an agreement with Alternatives Federal Credit Union to administer Individual Development Accounts, said agreement being substantially the same as executed in nd Cl Stelick Roll Call Vote Cl Stelick Cl Solomon Supv Sumner Cl Leifer Cl Lavine DRYDEN VILLAGE K Ezell reported the village is still working on water issues. They are trying to come up with grant money and/or low cost loans for this. Supv Sumner and Mayor Sterling have talked about this. The Village is working with Thoma Development on a grant application. Both reservoirs need work, and one is in dire need of being reconstructed or moved. The Poets Landing project is coming to a close. K Ezell can arrange a walk-through for anyone who is interested in seeing the buildings. Three more will be ready for occupancy later Page 13 of 23

14 this month. The developer has done a good job with the product, and will hopefully be an asset for the whole community. The site plan has been approved for Dollar General. There is still a water service issue to work through. K Ezell spoke with the board about the Accela program that the Planning Department is looking to purchase. He has talked with users who like the program, believes it would be beneficial for his department, and would like to see the purchase go through for the town. The Village would also have a seat for this program. Supv Sumner and K Ezell attended the Village Public Safety Committee last week where they discussed parking regulations and access for fire vehicles. K Ezell reported the Village Board passed a resolution tonight to only allow parking on the south side of Applewood Lane and no parking at all on Maple Ridge Drive to allow for emergency access. AGRICULTURE ADVISORY COMMITTEE At the agenda meeting last week board members reviewed and revised the resolution establishing the Agriculture Advisory Committee prepared by Cl Leifer and Cl Stelick. The final copy was distributed to the board. Cl Stelick said he is excited about it. They have nine applications from people who have asked to serve when the committee was finally formed. The resolution calls for five members initially and may be increased later. Cl Leifer thanked Cl Stelick for his work on this as well as the farmers committee that had been meeting over the past year. RESOLUTION #48 (2013) -CREATING THE TOWN OF DRYDEN AGRICULTURE ADVISORY COMMITTEE Cl Leifer offered the following resolution and asked for its adoption: WHEREAS, the Town Board of the Town of Dryden recognizes the importance of agriculture and agricultural related enterprises as vital to the Town s economic base and in protecting and preserving the Town s rural character through the wise use and management of the Town s natural resources through good farming practices, and WHEREAS, the Town Board of the Town of Dryden desires to establish an Agricultural Advisory Committee ( Committee ) for the Town of Dryden to advise the Town Board on issues, whether arising from within the Town or outside of the Town, that impact Agriculture and Agricultural related enterprises within the Town of Dryden and provide recommendations to the Town Board when appropriate, and WHEREAS, the Town Board of the Town of Dryden desires the Committee to, in addition to their advisory function, work with the Town Board, the Dryden business community, and other interested parties, to promote the Agriculture and Agricultural related enterprises that are located within the Town of Dryden, now THEREFORE BE IT RESOLVED THAT the Town Board of the Town of Dryden establishes an Agricultural Advisory Committee (hereinafter referred to as the Committee ), which shall serve at the pleasure of the Town Board, and it is further RESOLVED, the Committee shall consist of the following membership composition: Page 14 of 23

15 A. The Committee shall be composed of five voting members appointed by the Town Board as follows: (1) Five residents of the Town of Dryden from the agricultural community, actively earning income from agriculture or agricultural related enterprises, including but not limited to representatives from the greenhouse, crop production and dairy segments of the industry. (2) One member from the Town Planning Board and one member from the Town Conservation Board, and one member of the Town Board shall serve as nonvoting ex officio members. (3) The Town Board shall designate the Chairperson of the Committee yearly. B. The members appointed to the Committee shall serve for a three-year term. Upon initial formation, two members shall serve for a one-year term, two members for a two-year term, and all others for a three-year term. Each year thereafter, reappointments or new appointments will be for three-year terms. C. Members shall serve without salary. RESOLVED, the Town Board of the Town of Dryden designates the following as the duties of the Committee, subject to revision from time to time at the Town Board s discretion: A. Advise the Town Board and, upon direction from the Town Board, the County Agricultural and Farmland Protection Board, in relation to the proposed establishment, modification, continuation or termination of any county agricultural district. The Committee shall present objective advice to the Town Board relating to the desirability of such action, including advice as to the nature of farming and farm resources within any proposed or established area. B. Review of proposed zoning changes or development in county agricultural districts. (1) Whenever a proposed local regulation is presented to the Town Board that may affect agricultural operations within the Town of Dryden, within or contiguous to a county agricultural district or Town agricultural zone, it may be referred to the Committee for review. The Committee shall have 30 days to respond with a recommendation(s) for the actions(s). The Town Board shall not be required to receive a recommendation from the Committee prior to proceeding with any action on the proposed local regulation. (2) The Committee shall present advice relating to the desirability of such action, including advice as to the nature of farming and farm resources within any proposed or established area. This recommendation(s) shall include an objective opinion as to whether the proposed action(s) will have an unreasonable adverse effect, a positive effect, or no effect on the continuing viability of a farm enterprise or enterprises within the county agricultural districts and Town agricultural zones within the Town of Dryden. This recommendation(s) shall be advisory only. C. Review proposed county, state and federal legislation affecting agricultural issues and submit the Committee s evaluation of the legislation in question to the appropriate board and/or to the Town Board. Page 15 of 23

16 D. Serve as a vehicle for communication between the agricultural community, the Town Board, and/or the County Agricultural and Farmland Protection Board. Individuals or groups are in no way obligated to communicate with the Town Board via the Committee. E. The Commission shall also work with the Town Board, the Dryden business community, and other interested parties, to promote Agriculture and Agriculture related enterprises that are located within the Town of Dryden throughout the State of New York and elsewhere as deemed appropriate. F. The Committee shall be subject to the same laws and procedures as the other Town advisory Boards and Commissions. Minutes shall be prepared to the standard required by the Town Clerk and posted pursuant to the requirements established by the Town Board and other applicable law. G. The Committee shall meet as determined necessary by the Committee but no less than two times a year. H. Submit to the Town Board an annual report of the activities of the Agricultural Advisory Committee no later than December 31 of each calendar year. And it is further, RESOLVED, that upon filing with the Clerk and appointment of members by the Town Board the Committee shall schedule a public meeting within 30-days to establish its rules of procedure and conduct business as deemed appropriate by the Committee members. 2 nd Cl Stelick Roll Call Vote Cl Stelick Cl Solomon Supv Sumner Cl Leifer Cl Lavine Cl Stelick said there were nine great candidates for the committee. Initially they will appoint five members, but perhaps increase the number in the future. His recommendations were revealed and discussed. RESOLUTION #49 (2013) APPOINT MEMBERS OF AGRICULTURE ADVISORY COMMITTEE Cl Stelick offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby appoints the following individuals as members of the Agriculture Advisory Committee for the term indicated: Evan Carpenter for a term ending December 31, 2015; Kim LaMotte and Douglas Barton for terms ending December 31, 2014; Joseph Osmeloski and Steve Stuttle for terms ending December 31, 2013; and it is further RESOLVED, that this Town Board hereby appoints Evan Carpenter to serve as Chair of the Agriculture Advisory Committee for a term ending December 31, nd Cl Leifer Page 16 of 23

17 Roll Call Vote Cl Stelick Cl Solomon Supv Sumner Cl Leifer Cl Lavine NEW BUSINESS Conservation Board Chair Supv Sumner said the Conservation Board has voted to recommend that Charlie Smith continue as Chair. She said there were meetings where public discussion was discouraged or prohibited and she understands why that happened at that time and she respects Charlie for doing that when he needed to. That will not be the norm, however, going forward. Cl Stelick said he was unaware of any policy that the Conservation Board has had with respect to public participation and he would like to make policy that there is such a requirement. He won t determine the length of time, but thinks it is very important with all of the things that we go through to be as transparent as possible and listen to as many people as possible. We may not like what we hear, but we need to hear it. When we silence people that take time to come in and see us, we are missing the point. We need to listen, but we need to lay the ground work. He asked Cl Lavine to communicate that to the Conservation Board. Supv Sumner said we also need to enable the advisory boards to establish limits and Cl Stelick and Cl Lavine agree. RESOLUTION #50 (2013) APPOINT CONSERVATION BOARD CHAIR Supv Sumner offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby appoints Charles Smith to serve as Chair of the Conservation Board for nd Cl Lavine Roll Call Vote Cl Stelick Cl Solomon Supv Sumner Cl Leifer Cl Lavine Supv Sumner said she has received notice from Dryden Ambulance that they would like to increase their rates and those have been provided to board members. She noted these rates are still substantially below other ambulance services in the region. RESOLUTION #50 (2013) AUTHORIZE AMBULANCE RATE INCREASE Supv Sumner offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves and authorizes the following rates for Dryden Ambulance, effective January 1, 2013: Basic Life Support Sign-Off $ Advanced Life Support Sign-Off Basic Life Support Emergency Advanced Life Support I Page 17 of 23