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HomeMy WebLinkAbout2005-01-11I Town of Dryden Conservation Board January H, , 2005 6 .Agenda: (1) Current Mews 'Mem. Present: Steve Bissen, Dan Karig; Charlie Smith, Joyce Gerbasi, Craig Schutt, Nancy Mun-kenbeck Also Present: Stephen Bell; Debbie Gross (1) Current News D. Gross Started by stating that some of the member's terms were up so that they would know if it ever came up. J. Gerbasi Stated that she might not be around too much longer since she was going to do some traveling. C. Schutt Once the discussion was over about how to replace members Craig stated that he would like to hear the interesting news about the Virgil Creek aquifer. D. Karig Took over and explained how a test well Dryden Lake to penetrate the sedimentar were drilling they found that there was a they did a pomp test and found that they a minute from it. was drilled next to y layer and when they lot of water coming out so could pump 2,000. gallons S. Bissen Said that the drillers said it was the best producing aquifer around. C. Schutt Started to jump into the draft storm water ordinance sample. D. Gross Asked far some history on how it was developed. C. Schutt Explained that a committee from the water resource council that came together and took laws and put them together into the one document. D. Gross Stated that the language in the document could never be used yet only used as helper to start thinking of ordinance. i �Y . Smith Asked if the I -Tenrp Slater had read the documi�xnt and then stated that he doesn't kslow how Henry could put it in to forms since it was so detailed, Then added that he thinks that it is going to be a burden on developers, 1]. 1 arig Stated that he thought it would be impossible :(or a single person to follow and that only a developer could, N. Munkenbeck Said that most of the document wouldn't even apply to single people, D. Gross Added that she thought when groups like the conservation board was vie i��g it they should look at. it like they were someone who had to deal with it_ C. Snli01 Stated that he had a problem vdth the different metrics for different conditions, J_ Gerbasi Asked the question that with a pen-neable parking and parking lots in general aren't addressed well enough in the document 1,619 a place like DrydeN. ui*enbeek- C_ Smith Asked (he question of road side ditching up keep and if it was implied in the docunienc, Continued with the thought that ditch maintenance would have to be something that Dryden would need to look deeper into_ D, G -oss Explained that the document does need to be vielyed by the public so the cot LId make some kind of ordinance from it to appease the DEC. C, 1111(13 Went on and explained that Dryden had to met the bottom requirements. Also asked', if the group was likely to ever be reviewing projects just like the ZPA or Planning. Then corn p I e ni ented the document on the issue. of nat')ve vffgetation the use ofthemr D. l ang Wanted to know what the DEC requirements are and what the town must do for them. J_ Gerbasi Said that she would also like some other things to go in place that aren't required b DEC like inspections of constructions Sights. _ Schutt Then lead the group into discussion about the contents of land, D- Cross Explained that she thinks the main reason this document will scare people is history, Also added that slie thought it would be good I f the document was put into some kind of chart! so that it would be easier for people to understand since it is sainething that people are going to have to understand due to the DEC 's concerns and regulations, C- Schutt Then moved the discussion to the comprelensive plaN. unkcribeck N. Munkenbeck Asked questions regarding wetlands on the maps that are put in with the oompreliensive plain, I D, Karig Stated that no one should worryr about the maps since they are rough and used as someone's visual aid rather than a landmark- J. Cierbasi Stated that the comprehensive plan under discussion had no power under individual towns- lunkenbeck Expressed concern with boarder disputes going to the courts and it being uplieId in court- Then said that ether then that the oraly problem was how they worded the Natural Feature Focus Area and told the board that they should look into how that is worded. Then asked the question if the town passes this plan what will happen when there is a dispute and the county off cc handles it and not the town level boards. D. Gross fold the board that ,To w n J IkaWits came to speak slle said that they did that since they were noti sure what towns would accept it. N. Munkenbeok Still Felt it would he a good 1 idea to ask someone to find the rilght answer. Stated that she would advise the board to turn it do.�r]Y if there was any possibility that they could lase power but if there was no possibility to lose power then they should accept it- D. Karig Asked Why anyone should dote ors it since it has no power over individuals. Then starred that he was interested in getting someone to get aui accurate inventory oFthe area wetlands, N, Mupikenbeck Added that ifpeople are trekking through the woods they should keep their eyes open for cemeteries. C, Schutt Then moved oilto the fii'LSIbiI1ty of Corn eII's wind power iniIIs F# C. Smith Said that people should work with Cc rather then j ust try to fight them in the courts since that would probably have a negative out coins, Then said that Cornell was IookIng at Mt. PIeasant to build. D, Karig then said that the only thing he was worried about it and whole field of them going up. C, Smith Stated that Cornell was looking at putting up six in total, on two view Scares- N. Munkenbeck Asked why they lead to have them on tw,0 view scopes thus destro ying the 360- degree. view. Then when asked what would they do to the planes from the airport_ C, -Schutt Then closed the meeting ai 9;;0. TS : -11 -04 RESOLUTION #52 - ADOPT LOCAL LAIN #1 OF 2004 CONVERTING THE CONSERVATION po ADVISORY COUNCIL TO A CONSERVATION BOARD Cl Michaels offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby adopts Local Law No. 1 of '2004 as follows and the Town Clerk is directed to File the same with the Secretary of State of the State: of New York: Section 1. HISTORY. Local Law No. 4 of the year 2000 adopted by the Town Board of the Town of Drvden created the Town of Dryden Conservation Advisory Council (CAC). The CAC prepared and filed with the Town Board the Open Space Inventory of the Town of Drydc;n dated May 15, 2003. By .Resolution No. 92 (2003), the Town Board accepted and approved the open space inventory as the conservation open area inventory and open space index of the Toxv i of Dryden. Following such acceptance and approval, General Municipal LwAr Section §239 -y permits the Town Board to designate the CAC as a Conservation Board. Section 2. IREIDESIGNATION. The CAC established by Local Law No. 4 of the year 2000 is hereby designated the Town of Dryden Conservation Board ( "Conservation Board "). Section 3. PURPOSE. (A) To further assist the Town in the development, of sound open area planning and assure preservation of natural and scenic resources on the local level, the Conservation Board shall review each application referred to it: by the Town Board, Building and Zoning Department, Planning Board, Zoning Board of Appeals, or other adn-.in•istrative body, including the Site Plan Review Board. The Town Board anticipates that the Conservation Ohl Board will serve as an advisory board, especially for actions designated as Type I under the New York Environmental Quality Review Act (.Environmental Conservation Law Article 8) and the regulations promulgated thereunder (6NYCRR Part 617), or unlisted actions which are likely to trigger a positive declaration of significant adverse environmental impact. (B) The Conservation Board shall submit a written report to the referring body within such time as the body referring the same shall specify. (C) Developers and/or applicants are strongly encouraged to present their proposal to the Conservation Board for review and comment prior to formally submitting their application. There shall be no fee to submit proposals to the Conservation Board, The Town Board strongly encourages such early review and comment by the Conservation Board in order that projects will identify areas of significant environment concern early in the planing process and take appropriate steps to eliminate or mitigate the same to the maximum extent: possible. (D) All such reports shall, in addition to review and comment on environmental concerns, include evaluation of the proposed use or development on the open area in terms of the open area planning objectives of the Town and shall include the effect of such use or development on the open space index. The report shall also make recommendations as to the most appropriate use or development of the open area. and may include preferable alternative use proposals consistent with open areas conservation. A copy of every report shall be filed with the Town Board. All such reports shall be available for public inspection. (E•) Nothing contained herein shall be deemed to extend the time limits contained in any ordinance, local law, statute or regulation. Section 4. ADDITIONAL DUTIES. The Conservation Board shall perform such additional duties as may be assigned to it: by resolution of the Town } Board. Page 13 of 25 TB = -1 1 -04 Section 5, COI\I INUATTON. The Conservation Board shall continue to exercise the functions and responsibilities heretofore granted to the CAC. Section 6. EFFFCTTVE DATE. This local law shall take effect upon filing with the Secretary of State. 2nd Cl Flattery Roll Call Vote Cl Cl SL Cl Cl Michaels Yes Christofferson Yes ipv Trumbull Yes Stelick Yes ]H.attery Yes The board has copies of the proposed fire contracts for each department. Cl Michaels said the only change made to the contracts from last year were the amounts and a provision was added to standard terms: "Paragraph 18. The Company agrees to establish a capital equipment resenre account: to purchase capital equipment. The Company agrees that $ of the first payment made under this contract shall be deposited into said account and the use of such funds shall be restricted by the Company to capital equipment purchases." lie said they had talked with Varna and Neptune and those departments thought it was fine. The concern expressed by all the departments was that we were paying 50 °/n of the contract price in the first payment and the remaining 50% would be divided by three and paid over the next three quarters of the year. The proposal of the Town Board was that we would pay the entirety of the capital equipment expenditure in the first payment, take the remainuig portion and pay 50% of that in the First: payment, and divide the remaining balance by three to be paid the nest three quarters. CI Michaels said generally' speaking, it is really not an issue for three of the departments. Ile is recommending that Erna's contract not be approved tonight until they can meet with them and resolve some outstanding issues. RESOLUTION ##53 - AUTHORIZE FIRE CONTRACT WITH NEPTUNE Cl Michaels offered the following resolution and asked. for its adoption: RESOLVED, that this Town Board hereby approves the fire contract with Neptune Hose Company No. 1 of Dryden, Inc. and authorizes the Town Supervisor to execute tl-ie same. 2nd Cl Stelick s Roll Call Vote Cl Michaels Yes Cl Christofferson Yes Supv Trumbull Yes Cl Stelick Yes Cl Hattery YCs RESOLUTION #54 - AUTHORIZE FIRE CONTRACT WITH WB STRONG Cl Michaels offered the following resolution. and asked for its adoption: RESOLVED, that this Town Board hereby approves the fie contract with W.B. Strong Fire Company of Freeville, Inc. and authorizes the Town Supervisor to execute the same, 2«d Cl Stelick Roll Call Vote Cl Michaels Yes Cl Christofferson Yes Supv Trurbull Yes Cl Stelick Yes Page 19 01,25 �1 • i Y. TB 05 -08 -02 there is no one available to take the requisitions. It was suggested that a credit card could be made available for times when no one was available. After discussion, the Board decided that they would appoint someone to take care of purchase orders on Friday, and look into use of credit card for next month. RESOLUTION # 145 - APPOINT DEPUTY PURCHASING OFFICER Cl Grantham offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby appoints Sambi L. Hollenbeck to act as Deputy Purchasing Officer in the absence of the Purchasing Officer. 2nd Cl Michaels Roll Call Vote Cl Hatfield Yes Cl Stclick Yes Supv Varvayanis Yes Cl Michaels Yes Cl Grantham Yes Electric to the water tanks behind New York State Electric & Gas has now been turned on and battery power has been discontinued. J Bush stated someone has sprayed red paint on one of the roads and it should be known that this can create confusion for utilities and contractors as well as the Highway Department because different colors of paint represent different utilities. The Highway Department uses white paint; red stands for electric. Robin Seeley said she had put paint on Hurd Road and J Bush told her she should not put paint of any color on the road. Atty Perkins has distributed copies of proposed local laws regarding attendance for the Planning Board, Recreation Commission and Conservation Advisory Council to board members for their review and asked that they be introduced and the public hearings scheduled. RESOLUTION #146 - INTRODUCE LOCAL LAW REGARDING ATTENDANCE REQUIREMENTS FOR CONSERVATION ADVISORY COUNCIL AND RECREATION COMMISSION MEMBERS I Cl Michaels offered the following resolution and asked for its adoption: RESOLVED, that this Town Board does hereby introduce the following local law and set the public hearing for the same for June 5, 2002 at 7:00 p.m. A local law to provide standards of minimum attendance by members of the Town of Dryden Conservation Advisory Council and the Town of Dryden Recreation Commission and to provide for a procedure to remove any such members not meeting the minimum attendance requirements, or for cause. SEC'CION I. PURPOSE. AUTHORITY. By Local Law No. 4 of the year 2000 the Town of Dryden Conservation Advisory Council was created and by Local Law No. 1 of the year 2000 the Town of Dryden (, Recreation Commission was created. The purpose of this local law is to provide standards of minimum attendance by members of the Town of Dryden Conservation Advisory Council (herein "CAC ") and the Town of Dryden Recreation Commission (herein "Rec. Commission ")at meetings of the CAC and Rec. Commission, and to provide for a procedure to remove any such members not meeting floc minimum attendance requirements. SECTION 2. MINTMUM ATTENDANCE REQUIREMENTS Members of the CAC and Rec. Commission are expected to attend all regularly scheduled and specially scheduled meetings. In the event that a member is Page 10 of 14 r �I I J �I A TB 05 -08 -02 absent from three (3) consecutive meetings, or in the event a member is absent from five (S) meetings within any one (1) calendar year, then such member may be removed from the CAC or Rec. Commission as herein provided. Michaels SECTION 34 PROCEDURE. In the event a member of the CAC or Rec. Commission has failed to meet the minimmn attendance requirements set forth in Section 2, then the Town Board may remove such member as herein provided: (a.) Notice. Such member shall be mailed a written notice specifying the nature of the failure of such member to meet the minimum attendance requirements of Section 2 above. (b.) Public Hearing. Such notice shall specify a date (not less than ten (101 or more than thirty f 30 days from the date of mailing such notice) when the Town Board shall convene and hold a public hearing on whether or not such member should be removed. Such notice shall also specify the time and place of such hearing. (c.) Public Notice, Public notice of such hearing shall be given by posting a notice on the town signboard in the vestibule of the Town Hall and by publishing a notice once in the official newspaper. Such posting and publication shall be at least ten (10) days prior to the date of the public hearing (d) Conduct of Hearing. The public hearing on the charges shall be conducted before the Town Board The member shall be given an opportunity to present evidence and to call witnesses to refute the charges. A record of such hearing shall be made. The decision of the Town Board shall be reduced to writing together with specific findings of the Town Board with respect to each charge against such member. A copy of such decision and such finding shall be mailed to the member. (e.) Action by the Town Board. Following the hearing and upon a finding that such member has not met the minimum attendance requirements required by finis local law the Town Board may: 0.) Remove such member from the CAC or Rec. Commission; or (ii.) Issue a written reprimand to such member without removing such member, or (iii.) If the Town Board shall find that the reasons for failing to meet the minimum attendance requirements are excusable because of illness, injury or other good and sufficient cause, the Town Board may elect to take no action. SECTION 4. REMOVAL FOR CAUSE. Nothing contained herein shall be deemed to limit or restrict the Town Board's authority to remove a member from the CAC or Rec. Commission for cause (i.e. for other than the reasons enumerated herein). The procedural provisions of Section 3 (Procedure) shall govern any hearing to remove a member for cause. SECTION 5. LEAVE OF ABSENCE. The provisions of Section 2 shall not apply to any member who has applied for and been granted a leave of absence by the Town Board from their duties as a member of the CA or Rec. Commission. The Town Board may grant such leave of absence on such terms and for such period as it may deem appropriate prm6ded, however, no such leave of absence shall be for a period in excess of eleven (11) months. SECTION 6. EFFECTIVE DATE, APPLICABILITY. (a.) This local law shall become effective upon filing with the New York Secretary of State. (b.) This local law shall apply to all members of the Town of Dryden CAC or Rec. Commission regardless of the date of their appointment. (c.) Prospective members of the CAC and Rec. Commission shall be notified of the requirements of this local law prior to their appointment. 2nd Cl Grantham Roll Call Vote Cl Hatfield Yes Cl Stelick Yes Supv Varvayanis Yes Cl Michaels Yes Cl Grantham Yes Page l I of 14 TS 08 -06-03 Paul Lutwak who is interested in serving on the ZBA. His interest was sparked after an appearance before the ZBA recently. - RESOLUTION #1121- APPOINT ZBA MEMBER - LUTWAK Cl Michaels offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby appoints Paul Lutwak to serve as member of the Zoning Board of Appeals to fill the unexpired term of Nick LaMotte (term expires December 31, 2003). 2nd Cl Grantham Roll Call Vote Cl Hatfield Yes Cl Stelick Yes Supv Varvayanis Yes Cl Michaels Yes Cl Grantham Yes Cl Grantham said Town Board had accepted the Open Space Inventory prepared by the Conservation Advisory Council, and the Board now has the option of converting the Conservation Advisory Council to a Conservation Board. This Hoard could do environmental review for the Town Board, Planning Board and Zoning Board of Appeals. Atty Perkins has prepared the local law that would, if passed, convert the CAC to a Conservation Board. Cl Michaels asked if they would have decision making power, and Atty Perkins said it would be strictly a reporting function and would be limited to when there is an application to be acted upon that involves one of the open areas listed on the Open Space Inventory, so it would not be every application that comes to the Town, but only when the application affects an open area ® listed on the Inventory. Cl Michaels the local law provides for a 45 day review period in which the board will submit a written report which isn't necessarily binding, but is for consideration by the decision making body. Cl Grantham said she thought if they made recommendations it could only bedisregarded by a two- thirds vote. Atty Perkins said was not the case, and in adopting this local law they have some discretion such as making the review period 60 days or requiring a super majority. Arty Perkins said this local law would cover each application received by th6 Town Board (special permits), Planning Board, ZBA and even the issuance of building permits if it involves an area shown on the Open Space Inventory, Cl Grantham asked M Richmond if 45 days was a reasonable amount of time to produce a report and he replied that he couldn't speak for the entire CAC, but he thought that 45 days would be fine and 60 days seemed to be too much time. RESOLUTION #14� INTRODUCE LOCAL LAW DESIGNATING THE CONSERVATION ADVISORY COUNCIL AS THE CONSERVATION BOARD Cl Grantham offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby introduces the following local law and sets the public hearing for the same for September 3, 2003, at 7:00 p.m.: A local law desi&mating the Conservation. Advisory Council as the Conservation Board Section 1. HISTORY. Local Law No 4 of the year 2000 adopted by the Town Board of the Town of Dryden created the Town of Dryden Conservation Advisory Counsel (CAC). The • Page 8 of 13 f d ` TB 08 -00-03 CAC prepared and filed with the Town Board the Open Space Inventory of the Town of Dryden dated May 15, 2003, By Resolution No. 92 (2003), the Town Board accepted and approved the aopen space inventory as the conservation open area inventory and open space index of the ' Town of Dryden. Following such acceptance and approval, General Municipal Law Section 289 -y permits the Town Board to designate the CAC as a Conservation Board, 0 Section 2. REDES'IGNATION. The CAC established by Local I,ow No. 4 of the year 2000 is hereby designated the Town of Dryden Conservation Board ( "Conservation Hoard "). Section 3. PURPOSE. To & rther assist the Town in the development of sound open area planning and assure preservation of natural and scenic resources on the local level, the Conservation Board shall review each application received by the Town Board, Building and Zoning Department, Planning Board, Zoning Board of Appeals, or other administrative body, including the Site Plan Review Board, when an application seeks approval for the use or development of any open area listed in the open space index. The Conservation Board shall submit a written report to the referring body within forth -five (45) days of receipt of such application. Such report shall evaluate the proposed use or development of the open area in terms of the open area planning objectives of the Town and shall include the effect of such use or development on the open space index. The report shall make recommendations as to the most appropriate use or development of the open area and may include preferable alternative use proposals consistent with open areas conversation. A copy of every report shall be filed with the Town Board. All such reports shall be available for public inspection. Section 4. ADDITIONAL, DUTIES. The Conservation Board shall perform such additional duties as may be assigned to it by resolution of the Town Board, Section 5. CONTINUATION. The Conservation Board shall continue to exercise the functions and responsibilities heretofore granted to the CAC. Section 6. EFFECTIVE DATE. This local law shall take effect upon fling with the Secretary of State. 2nd Cl Michaels Roll Call Vote Cl Hatfield Yes Cl Stelick Yes Supv Varvayanis Yes Cl Michaels Yes Cl Grantham Yes 1 Atty Perkins explained this would allow the board. to refer to the Conservation Board environmental impact statements and long environmental assessment forms and have them comment on them prior to a board meeting and the Town Board could then refer to their comments and adopt them. Cl Grantham has sent an e-mail and proposed resolution to board members having to do with the Phase T1 Stormwater Regulations which the Town is subject to. A Notice of Intent was sent to Albany. All the municipalities in Tompkins County (10 including the County) are subject to these regulations. The DEC has funding and authority to say whether municipalities are meeting their obligations and one of their criteria for funding and approval of actions taken for managing stormwater is whether there is cooperation with other municipalities in the area. There was a meeting July 26 and one of things they agreed to do was write another application for funding from the Environmental Protection Fund to pay for some of the activities necessary under the regulation. Each municipality has to sign on to that and include a resolution in the application for funding. Pagc 9 of 13