Regular Meeting of the Ledyard Town Board
November 11, 2002
Ledyard Town Hall, 1099 Poplar Ridge Road, Aurora, N.Y. 13026

The meeting was called to order at 7:05 p.m.

THOSE PRESENT:

William Dugan III, Supervisor
Lynn Odell, Councilman
Jim Frisch, Councilman
Darwin Snyder, Councilman
Mark Jordan, Councilman
Jim Bailey, Highway Superintendent
Rose Marie Belforti, Town Clerk

OTHERS PRESENT:

Sjana McClure-Berry, Berry Farms Genoa Bill Hecht, Union Springs
Monika Kirtland, Rt. 90, Aurora
Sylvia Hurlbut, 1493 Goose Lane, Aurora

PLEDGE:

CONVOCATION:

MINUTES: On motion by Jim Frisch, seconded by Darwin Snyder, the minutes for October 14, 2002 were approved and amended: 2nd page, last sentence in the 2nd paragraph to read: "One qualification for the Enhanced Star Program is that a resident must be a permanent resident of Ledyard. Also, a typo error on page 4, 3rd paragraph, should read 7:00 p.m.
VOTE: 5 Ayes, 0 Nays

REPORTS: On motion by Jim Frisch, seconded by Darwin Snyder, the Supervisor's, Clerk's and Code Enforcement Officer's reports were accepted as submitted.
VOTE: 5 Ayes, 0 Nays

PUBLIC HEARING FOR THE TOWN OF LEDYARD 2003 BUDGET: The 2003 Town Budget Hearing was called to order at 7:52 p.m. On motion by Lynn Odell, seconded by Jim Frisch, the Town of Ledyard preliminary Budget for 2003 was approved and accepted.
VOTE: 5 Ayes, 0 Nays

PUBLIC HEARING ADJOURNMENT: On motion by Mark Jordan, seconded by Lynn Odell, the Town of Ledyard 2003 Budget Hearing was adjourned at 7:58 p.m.
VOTE 5 Ayes 0 Nays

COMMENTS FROM THE FLOOR: Sjana McClure-Berry approached the Town of Ledyard Board regarding the Water Quality Information Session to be presented by the Cayuga County Health Department and the Ledyard Town Board on November 13, 2002. She asked the Town Board to explain the purpose of the study. Lynn Odell said the purpose of the study is to inform residents in the Town of Ledyard regarding quality of their drinking water. He said there has been misinformation passed among the residents and in an effort to identify the level of contamination in the town, residents in Ledyard who have private water supplies will have the opportunity to learn about their water supply. Sjana said that she would like to have a representative from the New York Department of Environmental Conservation at the meeting. Lynn Odell said the DEC has not been asked to be involved. Bill Hecht told the Town of Ledyard Board that in the past, the Cayuga County Health Department has never been involved with water issues, and has no jurisdiction in domestic water issues. He said that domestic water is under the domain of either the United States Environmental Protection Agency or the DEC, but that he could not remember which agency it is, and that they do not get involved in these local water issues. He said that they leave these issues up to the towns and it is up to the towns to inform residents that they should get their wells tested on a yearly basis. Bill Dugan, Supervisor, said that is the purpose of the upcoming Water Quality meeting. Bill Hecht felt that the EPA and the DEC should be at least notified of the meeting. Mr. Hecht informed the Town of Ledyard Board that although there is a domestic water well registration program in effect, the C.C. Health Dept. has no policy of informing a resident, even though they may have the information, of the fact that the resident may be drilling a well in a known contaminated area. Bill Dugan, Supervisor, said that at this late date it would probably not be possible to arrange, but that he would call the EPA and the DEC to see if they could send a representative to the meeting.

Bill Hecht informed the Town Board that Rose Marie Belforti, Town Clerk, received some excellent quality historical maps of Ledyard from the Cayuga County Real Properties Service that should be framed. He said the County office was most generous to send these to the Town of Ledyard for no charge.

Bill Dugan, Supervisor, informed the Town of Ledyard Board that the Global Positioning Satellite maps at the C.C. Real Properties Service will be extremely valuable to the town, especially concerning the upcoming water testing and database project.

Sylvia Hurlbut addressed the Town of Ledyard Board concerning her request for an endorsement letter of support from the Town of Ledyard Board regarding a grant proposal sponsored by Dr. Janice Theis of the Department of Crops and Soil Science at Cornell University. The grant will fund a study that will run a microbial analysis on contaminated water in private wells being used for drinking water in the Town of Ledyard. The grant proposes to run a DNA analysis on the samples collected from contaminated wells. Sylvia said the data would be mapped to identify areas of contamination. Lynn Odell said he had read through the very technical scientific paper of a similar study, related to the proposed study that documents isolated DNA strands. He said that the results of the study were not very conclusive because of the inability to diagnose the DNA with accuracy. He said the test results could have been 25%-30% inaccurate. Sylvia said that Dr. Theis expects to get better results than the study cited by Lynn Odell. Sylvia met with Dr. Theis for several hours to discuss the study and has confidence the proposed study will prove useful in identifying contamination. She did not ask the Town of Ledyard to participate in fund raising. The deadline for the grant filing is November 22, 2002 and the notification date will be December 17, 2002. After discussion, Bill Dugan, Supervisor, said that it is not the job of the Town Board to be experts in the science of DNA classification. He said it is the job of the Town Board to provide the tools to the town to get the house in order if there is a water problem. He said if Cornell has the expertise to get the work done, we should utilize it. Jim Frisch stated that he has reservations about doing a study just because the money is there. He said it is not our responsibility to be experts on this, but, having a background in soil biology, he said the Town Board has a responsibility to have some assurance that this project is time and money well spent. After discussion a motion by Jim Frisch was made to draft a letter of support, seconded by Darwin Snyder, for the study; with the stipulation, stated by Mark Jordan, that the data from the study be collected on a voluntary basis, and that the Town of Ledyard have no obligation to contribute monetarily to the study.
VOTE: 5 Ayes, 0 Nays

TRANSFERS: A listing of budget transfers for the November period, effective November 11, 2002.
$2,000.00 from A1010.4 to A1620.4
$1,000.00 from A1110.4 to A1620.4
$2,000.00 from A1420.4 to A1620.4
$1,200.00 from A5132.4 to A9035.8
$200.00 from A5132.4 to A9055.8
$300.00 from A5132.4 to A9060.8
$150.00 from B4020.4 to B9035.8
$100.00 from DA5142.4 to DA9055.8
$200.00 from DB5110.4 to DB9030.8
$600.00 from DB5110.4 to DB9035.8

On motion by Mark Jordan, seconded by Jim Frisch, the Town Board approved the Budget transfers.
VOTE 5 Ayes, 0 Nays

RESOLUTION TO PURCHASE COMPUTER EQUIPMENT AND SOFTWARE FOR LEDYARD CODE ENFORCEMENT OFFICER- (TO BE REIMBURSED BY STATE PROGRAM): Brian Hicks, Town of Ledyard Code Enforcement Officer was unable to attend the meeting. The Town Board decided on motion by Jim Frisch, seconded by Mark Jordan, to table this discussion until Brian gets an opportunity to view the Williamson software program.
VOTE 5 Ayes, 0 Nays

RESOLUTION TO PROCEED WITH WATER/SEWER STUDY ON HONOCO ROAD IN RESPONSE TO CITIZEN PETITION DULY RECEIVED IN OCTOBER: Bill Dugan, Supervisor, informed the Town of Ledyard Board that he is looking for a letter of support stating that the Town of Ledyard agrees to act as fiduciary and control agent for the district. Sylvia Hurlbut commented that when considering to take on this project, the Town of Ledyard Board should be aware that the owners of property in the area requesting water/sewer lines will have to create the water/sewer district themselves. Then the Town of Ledyard has three options:

1. the town can take responsibility for the district.
2. the property owners who create the district can take the responsibility of the district.
3. the town can turn it over to the Cayuga County Water Authority.

After discussion Mark Jordan said that he supports a feasibility study, and drafted the resolution as follows:
RESOLUTION: The Town of Ledyard Legislative Board supports the "Lake Shore Water/Sewer Improvement District" in their efforts to complete a feasibility study for the development of water and sewer within their defined district. Responsibility of all costs associated with this project is with the said district.
On motion by Lynn Odell, seconded by Jim Frisch, the resolution was approved.
VOTE: 5 Ayes, 0 Nays

REVISIT DOG ORDINANCE STUDY: Jim Frisch, Councilman, reported to the Town of Ledyard Board his findings regarding the New York State Agriculture and Markets laws and Cayuga County regulations concerning dog restraint. He said that N.Y.S. Ag & Mkts. laws are concerned with damages that occur from animals, and does not deal with control of nuisance animals. Jim said he spoke with Carl Collier who told him Cayuga County is only concerned with a deer quarentine period during a defined time of the year that dogs have to be either restrained or voice controlled. He said that the individual towns are empowered to enforce an ordinance that the local government has passed as law. Jim said he would like to see the Genoa and Locke local dog ordinances before proceeding with this topic. Rose Marie Belforti, Clerk, said she would get copies for the next board meeting.

HERRTRONICS FIRE EQUIPMENT INSPECTION: Bill Dugan, Supervisor, informed the Town of Ledyard Board that Herrtronics Inc. did the annual inspection of the fire alarm system at the Town Hall. He was not able to get into the Justice's office because Bill does not have a key to their office. The inspector reminded Rose Marie Belforti, Town Clerk, that if there ever is a fire in the building the Fire Department would have to get into the Justice's office. If they do not have a key, they will be obligated to break down the door. The Town of Ledyard Board members said they would like the Justice's to be informed next year before the inspection so that they can open the door.

KATE GRAHAM ASKED FOR INSTALLATION OF NEW YORK STATE HISTORICAL MARKER AT HER PROPERTY ON ROUTE 90: Kate Graham approached Rose Marie Belforti, Town Clerk, concerning who to ask to have a New York State Historical marker installed at her property. She said that the sign has been paid for already, and she only needs an authority to approve the location and install the sign. Jim Bailey, Highway Superintendent, said that she would have to call the New York State Department of Transportation because Rt. 90 is a State highway.

BRUCE BEESLEY LETTER CONCERNING TOWN HALL TREE PLANTING: Bruce Beesley of Beesley Landscaping and Nursery sent a letter dated November 7, 2002 to the Town of Ledyard Board stating that he left explicit, simple, easy instructions for the watering of the trees which, according to him, were never carried out. He said this past summer suffered an extreme drought, and the watering was the responsibility of the owner, which on his inspection was not done. He said he passes by the Town Hall at least four times a week and he always looks at the trees. He said the ground was often cracked wide open from lack of water. He said he personally watered them five or six times at no cost. He said this letter is written to inform the Town Board that the premature defoliated trees indicates trouble, and that he cannot guarantee the two trees will be alive in the spring. He said if they are not alive, he would not be able to honor the original guarantee. Jim Bailey, Highway Superintendent, said that he personally watered the trees every time he was at the Town Hall during the summer with a five gallon bucket of water. The Town of Ledyard Board said the letter is duly noted.

PAY BILLS: On motion by Jim Frisch, seconded by Darwin Snyder, the bills on Abstract #328-369, General Fund A=$8,776.96; B=$787.56; Highway Fund DA=$4,560.21; DB=$682.78 were approved for payment.
VOTE: 5 Ayes, 0 Nays

ADJOURNMENT: on Motion by Jim Frisch, seconded by Lynn Odell, the meeting was adjourned at 9:45 p.m.

Respectfully submitted,
Rose Marie Belforti,
Ledyard Town Clerk