The meeting was called to order at 7:05 p.m. Jim Frisch arrived at 7:32 p.m.

THOSE PRESENT:

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

OTHERS PRESENT:

Jeffrey Polhamus, Sherwood Road, Aurora
Barbara King, " "
Bill Hecht, Union Springs
George Fearon, C.C. Legislator
Gene Hocutt, Poplar Ridge Road, Aurora
Louis Bianconi, Main Street, Aurora
Ron Hurlbut, Goose Lane, Aurora
Sylvia Hurlbut, " "
Phil Dann, Sunset Beach Rd., Aurora
Dave Palmer, Environmentalist, Union Springs

PLEDGE-REMEMBER ARMED FORCES

CONVOCATION

MINUTES: On motion by Lynn Odell, seconded by Darwin Snyder, the minutes for the Regular Town Board Meeting on April 12, 2004 were approved with a correction to Peter Cardamone's name under Others Present.
VOTE: 4 Ayes, 0 Nays

REPORTS: On motion by Darwin Snyder, seconded by Mark Jordan, the Supervisor's and Clerk's reports for April 2004 were approved as submitted.
VOTE: 4 Ayes, 0 Nays

DISCUSSION ON HOG FARM DEVELOPMENT STATUS: Gene Hocutt presented the following "Request for a Public Hearing" and read a portion of it to the Town Board and others present.

PUBLIC HEARING REQUEST

We are a group of your neighbors and friends. We care, as you do, about our Town, our heritage, and our way of life. We recognize that agriculture is the linchpin of Ledyard's economy, and we will do everything in our power to maintain its role. At the same time, we all recognize that modern agriculture is changing rapidly and much of it is beyond the control of individual farmers. In view of recent events and discussions, we believe that it is time we sat down together to discuss how we can accomplish the tasks that are before us, and how as neighbors we can smooth out the inevitable rough spots and conflicts.
We request that the Town Board of the Town of Ledyard call a public hearing to consider a six month moratorium on the construction of new manure retention ponds within the Town of Ledyard. This request is based on the fact that the Town of Ledyard is currently working on a Comprehensive Plan for the Town, and that a need exists to study and discuss the potential impacts of manure retention ponds, the transport of manure, and its land applications upon the Town's citizens, natural resources and quality of life.
A valid basis exists for such a public hearing since a Comprehensive Town Plan is in progress, and many activities of farmers, neighbors, and others would be affected by the addition of more manure retention ponds. Further, proposals currently being planned for the town represent irretrievable commitments of resources.
Consequently, we believe that all of the points listed below very adequately justify this request.
1. The effects of these operations on the quality of life in the Town.
2. The effects of these operations on the quality of water (surface, near surface, and eventually even bed-rock) sources of the Town and its residents.
3. The effects of these operations that may result from locating such facilities on the hydro-geologically sensitive escarpment and steep downhill gradient to Cayuga Lake.
4. The effects of road side traffic and the quality of life of residents as a result of imported waste from other farms and other towns.
5. The effects of these operations on the capacity of the town's land base to absorb the residues of the operations.
6. The eventual effect upon Cayuga Lake as a function of several major gullies, a steep non-absorbent escarpment, and roadside ditches.
7. The effects of these operations upon property and resale values of many neighbors as a result of odors and other factors.
8. The potential catastrophic effects upon neighbors and the lake in the event of a 1973, 1993, 1996, and other weather related events and storms upon retention ponds.
Among items that should be discussed at a public hearing are the following:
1. Current quality of the Town's supply of potable drinking water.
2. Discussion of various conduits for contaminants to reach drinking water sources.
3. Discussion of current status of Cayuga Lake and an exploration of possible contaminate pathways to the lake.
4. Variability in soil types, slopes, potable water bearing strata, and other factors potentially effecting sites.
5. Collection of sound base line data (esp. NKP, E-coli, and related pathogens) before construction. 6. Installation of test wells down-gradient of the site and periodic monitoring of these wells.
7. Construction to follow approved NRCS guidelines for such facilities.
8. Specifications of set-backs from roads, businesses, residences, waterways, streams, and other sensitive sites.
We the undersign request this Public Hearing.
The Town Board informed Gene Hocutt that he is seeking a Public Meeting, not a Public Hearing.
There was much discussion concerning the need for the meeting.
Some key points are as follows:
Sylvia Hurlbut said "we need dialog" in this community.
Dave Palmer, who built a digester in the 1980's, gave his view on the progress of farms that are putting these into operation.
Bill Hecht said that he would like a discussion to consider underground water factors.
Phil Dann would like to see air born contaminants become part of a study.
Barbara King and Sylvia Hurlbut presented a list of signatures of Ledyard residents who are requesting to have a public meeting.
Sylvia Hurlbut said she was told by NYS Ag & Mkts. that in their regulations it states that farmers have to "protect the health and welfare of the community".
Aurora Ridge Dairy gave an Environmental Statement to the Town Board:
Environmental Policy Statement:
-Aurora Ridge Dairy will strive to be excellent stewards of the soils and water. We will farm in manner that utilizes the natural advantages of these soils to grow high quality forages utilizing nutrients produced by the dairy. We will work hard to control nutrients, pathogens and odors from leaving our dairy and crop operations.
-We are aware that every decision we make as managers has an impact on the environment. We will make every effort to make environmentally informed decisions. -We will work to maximize and reuse our imputs. We will recycle as much of the material that comes on to the farm as possible including the paper, plastics, metals, oils and tires.
-We will keep the farm buildings and properties clean, neat and repaired. We will work to have the farm blend in with the natural beauty of the area.
-We are committed to meet and exceed environmental regulations to protect the health of our families, employees and neighbors.
-We will move forward preserving and improving soil productivity, recycling nutrients for crop use, recycling other consumables, and considering any technology that helps to reuse imputs. We will especially consider technology that will have a positive impact on our neighbors.
-We are committed to continual improvement in everything that we do.
Bill Cook of Aurora Dairy also submitted a letter of May 4th, 2004 to the Supervisor and Town Board members as follows:
RE: April Town Board Meeting
I feel that I need to clarify some inaccurate or misleading statements made at the last Town Board meeting and give you some background information. Sylvia Hurlbut's planned moratorium for the town specifically included prohibiting methane digesters from being built in the town. She based this recommendation on her assumption that we were building a digester that would serve other farms in the town of Genoa, Venice, Scipio and Fleming and that all of this manure would stay in the Town of Ledyard. This is not and has never been the case. None of our planning, engineering or budgeting has included manure from other operations. I didn't even recognize what she was describing. Our engineering and budgeting plans are available for you to examine.
Barbara King's attack is motivated by her anger with me because of a land rental issue several years ago when Mark Adams offered to rent me his farmland because he was unable to collect past rents from Barb King and Jeff Polhamus and needed money to pay his taxes, He gave them fair notice of his decision for the following crop year. Since then she has been convinced that I "stole the land and took away her livelihood". Her statement that there are manure hauling trucks and tractors going pas her house "every five minutes" is not very accurate. In 2003, a total of 48 loads of manure would have passed her house over two different days during August and September. In 2002, a total of 83 loads would have passed her house, over two days in August and one in October. This hardly seems like excessive traffic.
I feel that we are doing a very good job with manure management and we are working hard to find ways to improve what we do. I welcome the opportunity to discuss this with interested and rational people. Thanks for your time and all that you do in service to this town.
Bill Cook
Councilman Lynn Odell said he would abstain from voting for a Public Meeting because of conflict of interest.
Considering that the Town Board just received the proposal during this Regular Meeting, Councilman Darwin Snyder motioned the Town Board wait to make a decision on whether to schedule a Public Meeting after the Board has had appropriate time to consider the request, seconded by Jim Frisch. Tabled until next meeting
VOTE: 5 Ayes, 0 Nays

LETTER FROM VILLAGE OF WEEDSPORT & C.C. TREAS. FARRELL: CTY INS. CONSORTIUM: Lynn Odell said that it is not appropriate for the Town of Ledyard to pay the past due insurance bill to Cayuga County until the audit of the Treasurers office is completed.

SUMMER JOBS FOR STUDENTS: C.C. EMPLOYMENT & TRAINING: Supervisor Bill Dugan reported to the Town Board that the county is looking for applicants for county jobs this summer.
[Upon further review of these materials after the Town Board meeting, on May 11, 2004, the Town Clerk, Rose Marie Belforti observed that the letter refers to a program administered by Cayuga County where they are looking for job sites, not applicants.]

FEMA PAYMENT OF $6,750.63 FOR JANUARY STORM OVERTIME: Bill Dugan reported to the Town Board that the Town of Ledyard received a check from FEMA for $6,750.63 for the overtime the Highway Department had to work because of storms.

RESOLUTION TO ESTABLISH A LOCAL FEE FOR DOG LICENSES IN THE TOWN OF LEDYARD:
On motion by Lynn Odell, seconded by Jim Frisch, the Ledyard Town Board approved the following proposed local law #1, 2004 to take effect August 1st, 2004:
RESOLUTION TO ESTABLISH A LOCAL FEE FOR DOG LICENSING AND RENEWAL FOR THE TOWN OF LEDYARD:
A local Fee for licensing and renewal of licenses of all dogs in the Town of Ledyard shall be established to be $2.00. Pursuant to New York State Agriculture and Markets Law Article 7, Section 110 (4)(a) license fees in addition to those set forth in Section 110 (1) and (2), the annual fee for spayed/neutered dogs shall be $4.50 and the annual fee for unsprayed/unneutered dogs shall be $12.50.
The purebred license fee specified in paragraph (a), (b) and (c) of Subdivision 2 of Section 110 will remain the same:
1. up to 10 dogs $25.00
2. eleven to 25 dogs $50.00
3. twenty-six dogs and over $100.00
This local law shall take effect for the licensing period to begin August 1st, 2004 and upon being filed in the office of the Secretary of State in accordance with Section 27 of the Municipal Home Rule Law.
VOTE: 5 Ayes, 0 Nays

[Upon submitting the Local Law for signature to the Town Attorney, Charlie Lynch Jr., the following wording was suggested for Local Law #1.

LOCAL LAW #1-2004

SECTION 1: TITLE

This law shall be known as the "Town of Ledyard Dog License Fee Law"

SECTION 2.

1. An annual fee of two dollars for each dog license issued in the Town of Ledyard pursuant to subdivision one of section one hundred nine of the Agriculture and Markets Law shall be paid to the Town of Ledyard.
2. The annual fee pursuant to subdivision one above shall be in addition to license fees set by subdivisions one and two of section one hundred ten of the Agriculture and Markets Law.
3. License fees payable hereunder to the Town of Ledyard shall be used only for controlling dogs and enforcing the provisions of article seven of the Agriculture and Markets Law, and any rule, regulation or local law adopted by the Town of Ledyard pursuant to article seven of the Agriculture and Markets Law.

SECTION 3.

This Local Law shall take effect on August 1st, 2004 upon filing with the Secretary of State.
This local law shall take effect for the licensing period to begin August 1st, 2004 and upon being filed in the office of the Secretary of State in accordance with Section 27 of the Municipal Home Rule Law.
DISCUSSION OF NYMIR INSURANCE BILL '03 & '04: Tabled.

TOWN CLERK TO TAKE ASSESSOR TRAINING COURSES: Tabled until Rose Marie Belforti, Town Clerk/Assessor Clerk inquires about a schedule for courses.

COMBINED TOWN MEETING ON MAY 27th AT THE AURORA FIREHOUSE: Bill Dugan informed the Town of Ledyard Board that he has scheduled a meeting of local Town Boards including Genoa, Scipio, Venice, Ledyard and the Village of Aurora, to discuss possible methods the towns can work together to save money. The meeting is scheduled for May 27th, 2004 at 7:00 p.m. at the Aurora Firehouse, Main Street, Aurora, N.Y. 13026.

PLANTS FOR TOWN HALL GARDEN: Rose Marie Belforti requested funds to purchase plants for the Town Hall garden. On motion by Jim Frisch, seconded by Darwin Snyder, the Town Board agreed to spend $100.00 on herbaceous plants.
VOTE: 5 Ayes, 0 Nays

COMMITTEE REPORTS:

Highway - Mark Jordan: "I drove on them to get here."
Jim Bailey reported that the installation of drainage tile on Moonshine Road is finished, and that the old truck should be put out to bid soon.

Grants - Darwin Snyder: Darwin reported that the Ledyard Justice Court did not apply for a grant this year, as they did not feel they needed it.

Planning/Code Enforcement - Jim Frisch: Jim reported that he attended the Planning Board sessions regarding subdivision. He said they seem to be hung up on details.

Assessment - Lynn Odell: Lynn Odell reported that he met with Al Koslowski, Director of the Cayuga County Office of Real Properties to review the Assessor's Version 4 software. He is interested in generating reports to be able to evaluate and monitor the assessment that is being done in the Town of Ledyard.

OLD BUSINESS: CEMETARY MOWING AND TREE REMOVAL: The Town Board decided to have the Town Highway crew take responsibility for the Town Hall lawn and cemetery mowings. After considering how expensive it would be to hire Bruck Mosher, and to cover his insurance cost to contract with the Town, Mark Jordan motioned, seconded by Lynn Odell, to allocate $4,000.00 for the purchase of a lawn mower and trailer. Superintendent Jim Bailey should also speak to Highway employee Bill Nivison to see if he would like to do the job for his hourly wages.
VOTE: 5 Ayes, 0 Nays

Bill Dugan was also concerned about Bill Nivison working more hours than his quota as a part time employee for the Town of Ledyard.

Bill Dugan received two bids for clearing trees from the Town cemeteries:
Cranebrook Tree Service: $2,200.00
Cayuga Tree Service: $2,500.00
Lynn Odell said he would have another bidder from the Town of Ledyard to consider.

PAY BILLS: On motion by Jim Frisch, seconded by Lynn Odell, the bills on Abstract #005, #132-159, General Fund A=$4,005.84; B=$46.15; DA=$3,723.80; DB=$8,920.53 were approved for payment.
VOTE: 5Ayes, 0 Nays

ADJOURNMENT: On motion by Jim Frisch, seconded by Lynn Odell, the meeting was adjourned at 9:15 p.m.

Respectfully submitted,

Rose Marie Belforti
Ledyard Town Clerk