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HomeMy WebLinkAbout2006-09-14Present: Elected Officials: 'rB 9 -14 -06 TOWN OF DRYDEN TOWN BOARD MEETING September 14, 2006 Deputy Supv Stephen Stelick, Jr, Cl Martin Christofferson, Cl Daniel Tier IIl, C1 Mary Ann Sumner Bambi L. Hollenbeck, Tmv-n Clerk Other Town Staff: Mahlon R. Perkins, Town Attorney Daniel Kwasnowski, Environmental Planner David Putnam, TG Miller Engineers Henry Slater, Zoning Officer CI Stelick, acting as Deputy Town Supervisor, called the meeting to order at 7:00 p.m, and led board members and audience in the pledge of allegiance. He thanked Jen Wilbridge and Neptune Hose Company for the 9 -11. Remembrance event held at the Dryden Village Green on Monday. Peter Sehug of Cayuga Press addressed the board regarding the HUD loan Cayuga Press received five years ago. He said the HUD loan was federal money that was given to Cayuga Press for creating jobs and purchase of new equipment. The Town of Dryden receives the principal and interest payments that they have been making and will continue to make. A \� large part of their business is moving (to Cortland), but parts of the business wall remain in the is Town of Dryden and they will continue to be a contributing part of the community, They will continue to employ almost all of their current; employees (about half of which live in the Town .l of Dryden). As a company and as a family they will continue to volunteer and contribute to the Town of Dryden and pay taxes. They are not abandoning the community and he believes that o is the meaning of the wording in the HUD loan. He respectfully requests that they be allowed to continue under the current, program and pay off the loan as originally intended. Cl Christofferson asked what the board would need to do and Atty Perkins said right now there is nothing that has triggered an obligation to do anything because the business hasn't yet move!. It is discretionary to the Town according to a review of the obligations and agreements and discussions with Thoma. The board can require it to be repaid immediately, or let it be, or recast it. Cl Christofferson said the Town should make a decision so that Cayuga Press can make business decisions and suggested a committee be formed to take a look at this. Cl Stelick and Cl Sumner will meet to discuss this. Funds repaid will be used to help another business. CITIZENS PRIVILEGE Arthur Berkey, 1205 Ellis Hollow Road, askei of a generator at the Varna Community Center would had met with the board of directors of the VCA and it in favor of this. A Berkey said if they are to apply for that by the end of September. 1 whether a support letter for installation be forthcoming. He noted that Cl Tier was their understanding that he was now legislator member items they need to do A Berkey asked about the contract for community centers and said they had submitted a list of the programs they would like t:o run at the VCA in exchange for $2,000. Cl Stelick said the contract was ready for signature and the check had been cut and was awaiting approval. Page I of 23 TB 9 -14 -06 Cl Christofferson told A Berkey that he had brought something to the attention of the }: board last month and they are trying to put their best: foot forward without costing the taxpayers a. lot of money. Cl Tier said last month the Varna Community Center had come to the Town Board with a letter of support and an estimate for a generator for the community center in order to use it for an emergency shelter and /or feeding facility. He had some concerns and has spoken with Lee Shurtleff, Director of Emergency Response for the County, Mike Raffe regarding his letter, and met with representatives of the community center on Sunday. The at risk population referred to is developed from a national standard that the Red Cross has and his painted with a pretty broad stroke and can be somewhat subjective. Cl Tier said the key for him on whether or not to support the proposal was the support function of the people at the community center. They have given this a lot of thought and Cl Tier said he believes it is a positive step forward in terms of looking at emergency services delivery and emergency shelter. One of the things he learned is that the County's emergency plan is really not complete and so he is comfortable with this proposal. This is a positive step forward. He encouraged the board to send a letter of endorsement for the community, center to support their idea and attempt to get member item funding for the purchase of the generator. With respect to Cl Tier's concern about focusing on this one center when he would like to see a town -wide effort, he said he doesn't want to hold back the group that is ready to proceed, and this would easily tic; in with a town -wide emergency plan. RESOLUTION #136 - LETTER OF ENDORSEMENT FOR VARNA COMMUNITY CENTER Cl Tier offered the following resolution and asked for its adoption: isRESOLVED, that this Town Board hereby authorizes the Supervisor or Deputy Supervisor to send a letter of support in connection with the effort of Varna Community Center to fund the purchase of a generator so they can serve as a emergency center. 2nd Cl Sumner Roll Call Vote Cl Christofferson Yes CI Tier Yes Cl Stelick Yes CI Sumner Yes Cathy Lee, 10 Beam Hill, said that she is concerned because a year ago the property next to hers was purchased and turned into a dirt: bike track, and there is a safety issue with the dirt bikes and ATV's that are on the road. This is taking away from the value of her property and there have been times this summer when she has been unable to uncover her swimming pool or hang clothes out: to dry because of the dirt. She understands there is not a zoning issue, but many neighbors have the same concern. The kids who use the track are not just from the neighborhood, but come from other neighborhoods. When a pile of dirt was dumped on the property a few weeks ago, there were a. couple of pickup trucks running over it. Cl Tier suggested that: they call the Sheriffs office and NYS Police and ask for patrols on the road. Cl Sumner suggested she talk with the property owner and try to reach a mutual agreement. Cathy Cummings, 77 Beam Hill Road, said that since they wrote to the Board about the problem she has met the owners of the property and is encouraged to know they would like ® to get together and discuss the problem. She said the use of the property has become a problem and is at times very, very noisy. They don't feel a track such as this doesn't belong in Page 2 of 23 TB 9 -14 -Q6 a residential area, but. feel better knowing the people involved are willing to discuss this situation and are encouraged by that. She asked if the board had any suggestions as to how to keep everyone happy because she thinks they each have a legitimate side to the situation. Cynthia Waterman, 2 Beam Hill Road, said she lives next door to the track and earlier in the spring the Swanson Parkers contracted them about having the track. Use of the track has escalated from the Swanson Parker boy riding with a friend occasionally 1:0 several older boys who come and ride on their own (sometimes as many as five at a time). There is a 4 wheeler that comes and that is incredibly loud. The boys have been very respectful when she has spoken to them. Her concern is that it has gone from a neighborhood boy occasionally riding with a friend in a field that his parents own to the creation of a track that is inviting more riders. It appears since dirt: has been dumped on the site that there are plans to expand the track, and she wonders whether a track is an allowed use. She doesn't have a problem with them riding occasionally, but they never know when it is going to happen or for how long. Bob Parker said he and his wife, Joy Swanson Parker, own the property. 'Their motivation was to provide space for a small number of specific kids to pursue their hobby of dirt bike riding in can environment that was close. He said he would characterize the use as occasional weekend riding, but it is true that there were tunes this summer when they rode during the week. The boys are not allowed to ride when he and /or his wife are not at home. They are aware that there is one vehicle that is noisier than the others and it is their understanding that will be remedied. Joy Swanson asked the boys who ride to stand and their parents introduced themselves. She said the parents are taking an active interest in the boys' activities and understand the impact they can make by the passion they have for the sport. The riders have been asked not to park on Beam Hill Road anymore and park near the Swanson- Parker residence so they know who is riding and when. They have asked the boys not to ride between 5:00 and 7:00 p.m. She said they are willing to work with the neighbors to find times that are mutually acceptable. it: was their desire to provide a safe environment for them to practice-, their sport. it is not: an area that is open to the general public, but is only available to individuals known to the Sawa nson- Parkers. 9 Parker said there is no riding before noon on Sundays or 10:00 a.m. on other days. They have no plans of expanding the track and the only people allowed are the ones on their list, An audience member was concerned about road use, and J Swanson said there is no reason for them to be on the road and that would be curtailed. Dan Huff, who is a NYS Trooper and whose sons ride on the property, said he wasn't sure why this got to the Town Board and that someone should have approached the Swanson - Parkers first. He does not condone the boys riding on the road and has told some of them that if they are caught again, he will call a Trooper and have them ticketed. This is a huge safety issue. He said this is not t:he only makeshift track in the Town of Dryden. This is something constructive for the boys to do. They are learning to maintain their vehicles and are not out causing trouble. The dirt piles were clumped by the Town of Dryden to be used for maintenance of the track. Wendy Huff said she is saddened that the concerned neighbors didn't contact: them first. She encouraged any of the residents who see the dirt bikes on the road to write down the information about the bike_ and they will deal with it. C Cummings said they just moved to the area and weren't sure who was riding or who to contact. Page 3 of 23 Cl Stelick said the Cummings contact through Cl Stelick's wife. He with the Town Attorney as soon as he restriction on this activity and can un neighbors. ✓ TB 9 -14-16 had contacted the Board and Cathy Lee had made said these things are importwit to the board and had met was aware of the situation. There is no zoning derstand why neighbors wouldn't want to go to other Atty Perkuis said if everyone was willing to discuss the situation, he suggests they contact Community Dispute Resolution Center. They will help mediate this and hopefully the parties can reach some reasonable accommodation that everyone can live with. ZO Slater said the Town doesn't have a noise ordinance and in a rural community that is somewhat undesirable. Private use of an individual property is something that we all cherish and this is a customary use of private property. There are no fees charged so there is no intent to make it a commercial activity. It's something the neighborhood needs to work out and he lives in the same neighborhood. From his position as a resident, he is outside a lot and hears the noise, but he would rather listen to that than file police reports for broken windows or missing items. I-Ie has the contact information for the Community Dispute Resolution Center if they decide to utilize their services. Joyce Gerbasi suggested they could plant some fast growing willows to help as a barrier for the noise and dirt. Matt Parsons said when they first started riding they went to Hammond Hill State Forest and preferred that because it was away from houses, but: they were photographed by people who sent the photos to DEC trying to get them arrested, and DEC won't let them use Hammond Hill. Cl Sumner said she recommended them working with the Community Dispute Resolution Center. Cl Christofferson said his boys ride on the track too, so if there is something going on that shouldn't be, he would like to know so they can try and make it bet:tcr. He also said it is hard for kids to find a place to hang out, do something constructive and get some exercise. Slate land is off limits. This is a good group of kids and parents and they will try and work with the neighbors to find a happy medium. D Kwasnowski said there is grant money available now through the recreational trails program for motorized trails. D Huff encouraged residents to call the Sheriff or State Police if they see the dirt: bikes on the road. Renewable Energy Ordinance Ron Szymanski, 30 Johnson Road, a resident for eight years, said he has a mechanical engineering degree from Brown University with a sub - specialty in alternative energy. He has worked twelve years in the energy conservation industry and a one and a half year in the wind power industry. He is concerned about the proposed energy laws, and said it is a restrictive law to alternative energy. He believes it encourages air and water pollution and hurts local business activity. R Szymanski complimented the town on the efforts put into developing the laws, but said he believes there are some pieces missing. He hasn't heard the Renewable Portfolio Standard mentioned. This is a law that has been passed by t:he State Assembly and it encourages O communities throughout the state to develop alternative energies. Its goal is to have 25% of the grid power from alternative energy by 2013. The only way it can do that is if New York Page 4 of 23 T13 9 -14 -06 State communities participate in developing alternative energy projects. R Szymanski said this lawn does not do that, but instead restricts what is supported at the state level. No energy is generated in the Town of Dryden. All energy is generated elsewhere by nuclear, coal or gas power. Those sources of energy provide for pollution of the environment. 6), generating power on site and displacing it on the grid, you reduce pollution. R Szymanski said that communities need to look at the opportunities they have in this area. He wants to be able to utilize what he is developing as a business plan for his farm in Freeville. R Szymanski said he believes this is a bad laws because it restricts the kilowatt size and the tower height. A larger turbine project may require 300'. There are three institutions in town that could possibly utilize wind power- -The William George Agency, Dryden High School and Tompkins Cortland Community College. He said the Town board doesn't: have to make these restrictions. The size of a project is limited by economic considerations. Having no law encourages entrepreneurs to develop the technology and he is asking the Town to take a more serious look at the law. He is establishing a business to develop wind turbines throughout New York State, and he would hate to think that he will do this in a Town that limits the ability to produce wired power. This region is known for its aggressive nature in developing alternative energies and conservation efforts and is progressive in that way. He does not believe the law as proposed is progressive, but is restrictive and should not be passed. He is the founder of an organization called Faces for Wind and intends to organize people to oppose this law because it is a bad law for himself and his children. Cl Christofferson said he is sad to hear this because the board is excited about wind energy and is trying to do it in an organized, managed fashion. Cl Sumner said they view this as the first: step in a series that will encourage renewable energy. Cl Christofferson said the goal of this law is not to prevent: it, but to encourage it and do it in a controlled way so that neighbors don't get mad at each other and there are some rules in place. GO Slater noted this local law is not just for wind energy, but for renewable energies opportunities that the Town would like participated in such as biomass, geothermal, and solar as well as wind. R Szymanski said he doesn't see how it encourages the other forms. Virgil Creek goes through his farm and he would like to develop a micro -hydro project, but he doesn't know to what level he would be restricted from even pursuing it. He said we have a good entrepreneurship in this town and should encourage those people, but: if you put financial restraints on them developing opportunities then you have restricted them. Cl Stelick said that currently everything is excluded and they have developed this law to make something available. A public hearing on the matter %till be scheduled and he asked R Szymanski to attend and voice his opinion, Deborah Dennis, 964 West Dryden Road, asked what the process was for putting the restrictions in place. D Kwasnowski said he had done a lot of research, consulted with experts, done public presentations with over 70 people in attendance, there were articles in the newspapers. D Dennis said then these were not arbitrary decisions and there was a basis behind them. Cl Sumner said she is pleased to present the Renewal Energyy Ordinance for the board's consideration and would like to set a public hearing date. Atty Perkins said it would need to go to Tompkins County and they need 30 days to review it unless they waive that period of time. The Town Board is unable to act until their comments are received or the 30 days have elapsed. Adjoining municipalities also need to receive notice of the public hearing and the proposed law. ZO Slater said he has prepared a long form SEQR and forwarded it to the ® County. They do not have the text of the law yet, but have indicated they probably would not comment. He will follow up and try and get that in writing. Pave 5 of 23 TB 9-14-06 Timothy Woods, member of the Conservation Board, said the board spent numerous hours reviewing both drafts and they are not the same document. He has numerous objections and the entire Conservation Board did not support this. He intends to raise all of his objections at the hearing and will put them in writing prior to that because from his point of view there are some big errors. He is an engineer and environmental science professor and will present his analysis, The board discussed whether they felt this document was ready to be introduced, that changes made at public hearing may require redoing the process, that it could be amended after adoption and decided to proceed. By introducing the local law the board can gather comment from the public and the County. RESOLUTION #137 - INTRODUCE RENEWABLE ENERGY ORDINANCE Cl Sumner offered the following resolution and asked for its adoption: RESOLVED, that this Town Board herebv introduces the following local law and sets the public hearing for the same for October 5, 2006, at 7:00 p.m. at the Dryden Fire Hall, North Street, Dryden, unless that location is unavailable and in that case it will be held at the Dryden Town Hall, 65 East Main Street, Dryden, New York. TABLE OF CONTENTS ARTICLE I — General LTitle.... ................................................................................................... ..............................7 2. Purpose................................................................................................. ..............................7 3. Authorihr. ............................................................................................. ..............................7 4. Findings. ............................................................................. 4 . . . . . . . . . . . . . . . . . . 7 5. Definitions, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 . . . . . . . . . . 0 1 . . . . . . . . . . . 8 6. Permits Required... ............................................................................ 0.............................. 9 7. Applicability. ....................................................................................... ..............................9 8. Abandonment of Use.. ........................................................................ ............................... 9 96 Dearing Required.. ............................................................................. ...I........................... 9 10. Fees.................................................................................................... ........I...................... 10 110 Enforcement; Penalties and Remedies for Violations. ............ ............................... 10 12. Severabilitv ........................................................................................ .............................10 13. Effective Date . ............................. ARTICLE 11 - Small Wind Energy Conversion Systems (WECS) 14. Intent. ................................................................................................ ...... ......................... 11 15. Permitted Areas..... . ........................................... eagle .................................................... legal 11 16. Applications. . . . . . . . . . . . . . . . . . . a & a d a , . . . . . . . . . . . . . W . . . . . . . . . . . . . . . . . . . . . . . . 0 * 0 a , a . . 4 * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1 17. Development Standards... ................................................................ ............................... 1 1 ARTICLE Iii leg mall Renewable Energy Conversion Systems (RE CS) 180 Intent, . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . l 3 O 1.9. Permitted Areas........... ...................................... ............................... .0044.......................... l3 20. Small RECS Not Regulated. ................ 11 ........ Page 6 of 23 TB 9 -14-06 21. Applications.... .................................................................................... .............................13 22. Development Standards................................................................... ............................... 14 ARTICLE General 1. Title. This local law may be cited as the "Renewable Energy hacilities Law of the Town of Dryden, New York." 2. Purpose. The Town Board of the Town of Dryden adopts this local law to promote the effective and efficient use of the To +ill's renewable non - polluting energy resources through renewable energy conversion systems (RECS) and wind energy conversion systems (WECS), without harming public health and safety. and to avoid.jeopardi•ring the welfare of the residents. I Authority. The Town Board of the Town of Dryden enacts this local law under the authority granted by_ New York, State Constitution, Article IX, §2(c)(6) and (10), 2. New York Statute of Local Governments, § 10 (1), (6), and (7). 3. New York Municipal Flome Rule Law, § 10 (1)(i) and (ii) and § 10 (l)(a)(6), (11), (12), and (14). 4. The supersession authority of New York Municipal Home Rule Law, § 10 (2)(d)(3), specifically as it relates to determining which body shall have power to grant special use permits under this local law, to the extent such grant of power is different than under Town Law `274 -b. 5. New York Town Law, Article 16 (Zoning). 6. New York Town Law § 130(1)(Building Code), (3)(Electrical Code), (5)(Fire Prevention), (7)(Use of streets and highways), (7- a)(Location of Driveways), (11)(Peace, good order and safety), (15)(Prornotion of public welfare), (15- a)(Excavated Unds), (16)(Unsalle buildings), (19)(Trespass), and (25)(Building lines). 7. New York Town Law §64(17- a)(protection of aesthetic interests), (23)(Ceneral powers). 4. Findings. The Town Board of the Town of Dryden finds and declares that A. Residents of the Town of Dryden may face energy shortages and increasing energy prices and the local generation of electricity and promotion of alternative home heating resources can provide the community with clean and reliable. electricity and home heating, contribute to local and state -wide energy self reliance and diversifv and strengthen the local economy, E3. 1. The generation of electricity from properly sited small wind turbines and other renewable energy sources can be a cost effective mechanism for reducing on -site electric costs with a minimum of environmental Impacts. 2. Uirge -scale multiple- tower Wind Energy Facilities may present significant potential impacts on viewsheds, ® wildlife and neighboring properties because of their large sire, lighting, shadow flicker effects and noise level. Page 7 of 23 1'13 9 -14 -06 C. The use of other small -scale renewable energy conversion systems (other than small wind turbines) can reduce reliance on petroleum based home heating products and electricity generated fi'om fossil fuels, thereby decreasing the air and water pollution that results from the use of conventional energy sources and contributing to the long term health of global ecosystems. la. Permitting and regulating the use of renewable, nonpolluting energy and regulating the location and installation of small wind turbines and other renewable energy conversion systems is necessary to protect and promote the safety and welfare of town residents. 5. Definitions. As used in this chapter, the following terms shall have the meanings indicated: EA F – means the Environmental Assessment Form used in the implementation of the SEQRA as that term is defined in Part 617 of Title 6 of the New York Codes, Rules and Regulations. MECHANICAL WIND TUR13INE – means a Wind Energy Conversion System that converts wind energy to mechanical power. RENEWABLE ENERGY CONVERSION SYSTEM (RECS) – means a Renewable Energy Conversion System other than a WECS and includes but is not limited to solar panels, geothermal heat pumps, wood, wood pellet, hay and other types of biomass stoves. RENEWABLE ENERGY FACILITY – means a Small Wind Energy Conversion System or a Small Renewable Energy Conversion System as those terms are defined herein. SEQRA – means the New York State Environmental Quality Review Act and its implementing regulations in Title 6 of the New York Codes, Rules and Regulations, part 617. SITE – means the parcel of land where the WECS or RECS is to be placed. The Site could be publicly or privately owned by an individual or a group of individuals controlling single or adjacent properties. Where multiple lots are in ,joint ownership, the combined lots shall be considered as one for purposes of applying setback requirements. SMALL RENEWABLE ENERGY CONVERSION SYSTEM ( "Small RECS ") – means a Renewable Enemy Conversion System designed for on -site home, faun, or commercial use primarily to reduce on -site consumption of public utility energy. SMALL WIND ENERGY CONVERSION SYSTEM ( "Small WECS ") – means a Wind Energy Conversion System consisting of a wind carbine, a tower, and associated control or conversion electronics, which is intended to primarily reduce on -site consumption of utility power. TOTAL. HEIGHT– means the height of the tower and the furthest vertical extension of the WECS or RECS. WIND ENERGY CONVERSION SYSTEM ("WECS") – means a machine that converts the kinetic energy in the wind into electrical or mechanical energy (commonly known as a "wind turbine" or "windmill "), WIND ENERGY FACILITY - Any Wind Energy Conversion System, Small Wind Energy Conversion System, or Wind eMcasurernent 'Power, Including all related infrastructure, electrical lines and substations, access roads and accessory strictures. WIND MEASUREMENT TOWER — a tower used for the measurement of meteorological data such as temperature, wind speed and wind direction. Temporary (no more than 2 years) towers may be allowed as part of a Small WL'CS application, where the requested tower meets all height, setback and other requirements of this local law. Page 8 of 23 TB 9 -14 -06 6, Permits Required. A. No Renewable Energy Facility shall be constructed, reconstructed, modified, or operated in the Town of Dryden except in compliance with this local law. B. 1. No WECS other than a Small WECS shall be constructed, reconstructed, modified, or operated in the Town of Dryden. No Wind Measurement Tower shall be constructed, reconstructed, modified, or operated in the Town of Dryden, except in conjunction with and as part of an application for a Small WECS. 2, No RECS other than a Small RECS shall be constructed, reconstructed, modified, or operated in the Town of Dryden. C. No Small WECS shall be constructed, reconstructed, modified, or operated in the Town of Dryden except pursuant to a Special Use Permit issued pursuant to this local law, D. No Small RKS shall be constructed, reconstructed, modified, or operated in the Town of Dryden except pursuant to a Special Use Permit issued pursuant to this local law. E. This local law shall apply to the area of the Town of Dryden outside the Village of Dryden and the Village of Freeville. F. No transfer of the real property on which a Small WECS or Small RECS is situated shall eliminate the liability of the owner of such property from compliance with this local law and the conditions of the Special Use Permit issued for such WECS or RECS. G. Notwithstanding the requirements of this Section, replacement in kind or modification of Small WECS or Small RECS may occur without Town Board approval when (1) there will no increase in Total Height; (2) no change in the location of the Small WECS; (3) no additional lighting or change in facility color; and (4) no increase in noise produced by the Small WECS. 7, Applicability. A. The requirements of this local law shall apply to all Renewable Energy Facilities proposed, operated, modified, or constructed after the effective date of this local law. B. Renewable I~nergy Facilities constructed and placed in operation prior to the effective date of this local law, shall not be required to meet the requirements of this local law; provided, however, that no modification or alteration to an existing Renewable Energy Facility shall be allowed without full compliance with this local law. C. Renewable Energy Facilities are allowed as accessory uses. Renewable Energy Facilities constructed and installed in accordance with this local law shall not be deemed expansions of a nonconforming use or structure. D. Notwithstanding anything to the contrary in this local law, no Special Use Permit shall be required for mechanical wind turbines less than 50 feet tall; solar panels mounted to the building being served; tower, pole or other independently structurally mounted RECS with a total height less than the structure served; or for geothermal heat pumps, wood, wood pellet, hay and other types of bioniass stoves. 8. Abandonment of Use. A Small WECS or Small RECS which is not used to produce electricity for 12 successive months shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner within 24 months after notice from the Town Board. Failure. to comply with this section or with any and all conditions that may be attached to a Special Use Permit shall constitute grounds for the revocation of the permit by the Town of Dryden, after notice and a hearing before the Town Board. 9. Hearing Required, Page 9 of 23 014B 9 -14 -06 A. Public hearing and decision on Special Use Permits. The Town Board shall conduct a public hearing within sixty -two days from the day a complete application is received. Public notice of said hearing shall be printed in the official newspaper at least five days prior to the date thereof. The Town Board shall decide the application within sixty -two days after the close of the public hearing. 'The time within which the Town Board must render its decision may be extended by mutual consent of the applicant and the board. The decision of the Town Board on the application after the holding of the public hearing shall be filed in the office of the town clerk within rive business days after such decision is rendered, and a copy thereof mailed to the applicant. B. Notice to applicant, county planning agency and adjacent owners. At least ten days before such hearing, the. Town Board shall mail notices thereof to the applicant and to the county planning agency, as required by town law section two hundred seventy-four -b and general municipal law section two hundred thirty- nine -m, which notice shall be accompanied by a full statement of such proposed action. The `Town Board shall also mail notice of such application and public hearing to the owners of all property adjacent to the proposed tower Site and/or within 500 feet of the proposed tower Site. C. Compliance with SEQRA. The Town hoard shall comply with the provisions of the state environmental quality review act under article eight of the environmental conservation law and its implementing regulations. D. Conditions attached to the issuance of special use permits. The Town Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed Special Use Permit. Upon its granting of said Special Use Permit, any such conditions must be met in connection with the issuance of any other required permits to be issued by the town. 10. Fees. A non - refundable Application Fee of $250 shall be paid to the 'Town of Dryden when the application for Special Use isPermit is submitted. 11. Enforcement; Penalties and Remedies for Violations, A. The Town Board shall by resolution appoint such Town employees, including the code enforcement officers, to enforce this local law. Such appointees shall have the authority to issue appearance tickets pursuant to the provisions of the Criminal Procedure Law. B. I. Any person owning, controlling or managing any building, structure or land who shall undertake a wind energy facility in violation of this local law or in noncompliance with the terms and conditions of any permit issued pursuant to this local law, or any order of the enforcement officer, and any person who shall assist in so doing, shall be guilty of an offense and subject to a fine of not more than $ 1.000 or to imprisonment for a period of not more than six months, or subject to both such fine and imprisonment. Every such person shall be deemed guilty of a separate offense for each da v such violation shall continue. 2. Tile Town may also institute a civil proceeding to collect civil penalties in the amount of $350 for each violation. Each week said violation continues shall be deemed a separate violation. C. In case of any violation or threatened violation of any of the provisions of this local law, including the terms and conditions imposed by any special use permit issued pursuant to this local law, in addition to other remedies and penalties herein provided, the 'Town may institute any appropriate action or proceeding to prevent such unlawful erection, structural alteration, reconstruction, moving and/or use, and to restrain, correct or abate such violation, or to prevent any illegal act. 12. Severability. Should any provision of this local law be declared by the courts to be unconstitutional or invalid, such decision shall ® not atTect the validity of this local law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Page 10 of 23 1413 9 -14 -06 13. Effective Date. This local law shall be effective upon its tiling, with tilt Secretary of State in accordance with the Municipal Horne Rule Law. ARTICLE 11 Small Wind Energy Conversion Systems (WECS) 14. Intent. This Article regulates and provides standards for Small Wind Energy Conversion Systems (WECS) designed for ott- site home, farm, and commercial use; and that are primarily used to reduce on -site consumption of public utility generated and distributed electricity. The intent of this Article is to encourage the development of small wind energy systems and to protect the public health, safety, and community welfare. 15. Permitted Areas, Small NVECS may be permitted upon issuance of a Special Use Permit on any parcel meeting the standards of this local law in any zoning district. 16. Applications. Applications for Small WECS Special Use Permits shall include: 1. Name, address, telephone number of the applicant. If the applicant will be represented by an agent, the narne, address and telephone number of the agent, as well as an original signature of the applicant authorizing the ® agent to represent the applicant is required. 2. (a) Name, address, telephone number of the property owner. If the property owner is not the applicant, the application shall include a letter or other written permission signed by the property owner (i) confirming that the property owner is familiar with the proposed applications and (ii) authorizing the submission of the application. (b) The names and mailing addresses of all owners of all property adjacent to the proposed tower Site and'or within 500 feet of the proposed tower Site. 3. Address of each proposed tower Site; including tax map parcel number. 4. Evidence that the proposed tower height does not exceed the height recommended by the manufacturer or distributor of the system. 5. (a) A completed Short F,;AF and a Visual EAF Addendum. (b) The Board may require submission of a more detailed visual analysis based on the results of the Visual EAF Addendum including a computerized photographic simulation, demonstrating the visual impacts from nearby strategic vantage points. The visual analysis shall also indicate the color treatment of the system's components and any visual screening incorporated into the project that is intended to lessen the system's visual prominence. (c) Applicants must have a prc- application conference with the Town Code Enforcement Officer to address the scope of the required visual assessment. 17. Development Standards. Page I 1 017,23 TB 9 -14 -06 All Small WECS shall comply with the following standards. Such systems shall also comply with all the • requirements established by other sections of this Article that are not in conflict with the requirements contained in this section. 1. Only one Small WECS (or, where authorized, a temporary wind measurement tower) per lot shall be allowed. Adjoining lots shall be treated as one lot for purposes of this limitation. More than one Small WECS per lot may be allowed if the applicant adequately demonstrates that the electrical or mechanical power needs oftlae individual user exceed the power generation capability of one WECS. 2, Small WECS shall be used primarily to reduce the on -site consumption of public utility- provided electricity, or as a primary source of electricity when the applicant is not connected to the electricity grid. 3. 'Power heights shall be limited to a maximum of 140 feet. 41 The allowed height shall be reduced if necessary to comply with all applicable Federal Aviation Requirements, including Subpart B (commencing with Section 77.11) of Part 77 of Title 14 of the Code of Federal Regulations regarding installations close to airports. 51 The maximum turbine power output is limited to 10 kW unless the applicant demonstrates to the reasonable satisfaction of the Town Board that a larger turbine is necessary to meet the historical and/or projected energy needs of the applicant. The applicant shall submit documentation supporting the increased turbine size including copies of electrical bills, an energy audit or electrical power requirements of any new or proposed equipment. 6. The system's tower and components shall be painted a non- reflective, unobtrusive color that blends the system and its components into the surrounding landscape to the greatest extent possible and incorporate non= reflective surfaces to minimize any visual disruption. 71 The system shall be designed and located in such a manner to minimize adverse visual impacts from public viewing areas (e.g., public parks, roads, trails) and from adjacent properties. K. Exterior lighting on any structure associated with the system shall not he allowed except that which is specifically required by the Federal Aviation Administration. 9. All on -site electrical wires associated with the system shall be installed underground except for "tie -ins" to a public utility company and public utility company transmission poles, towers and lines. This standard may be modified by the Town Board if the project terrain is determined to be unsuitable due to reasons of excessive grading; biological impacts, or similar factors. 10. The system shall be operated such that no disruptive electromagnetic interference is caused. if it has been demonstrated that a system is causing harmful interference, the system operator shall promptly mitigate the harmful interference or cease operation of the system. I. At voltage and least one sign shall be posted on the tower at harni therefrom. No brand names, logo or a height of five feet advertising shall be warning of electrical shock or high placed or painted on the tower or components displayed on where it would be visible from the ground, except a system housing in an unobtrusive manner, that a system or tower's manufacturer's logo may be 12. Towers shall be constructed to provide one of the following means of access control, or other appropriate method of access= a. Tower - climbing apparatus located no closer than 12 feet from the ground. b. A locked anti - climb device installed on the tower. c. A locked, protective fence at least six feet in height that encloses the tower. 13. Anchor points for any guy wires for a system tower shall be located within the property that the system is located on and not on or across any above - ground electric transmission or distribution lines. The point of attachment Page 12 of 23 'rB 9 -14 -06 for the guy wires shall be enclosed by a fence six feet high or sheathed in bright orange or yellow covering from ® three to eight feet above the ground. 14. The minimum height above the ground of the lowest part of the wind turbine blade. shall be at least 15 feet. 15. All Small RECS tower Structures shall be designed and constructed to be in compliance with applicable provisions of the New York State Uniform Fire Prevention Building Code, National Electric Code and generally accepted engineering practices. 16. All Small WECS shall be equipped with manual and automatic over -speed controls. The conformance of rotor and over -speed control design and fabrication with good engineering practices shall be certified by the manufacturer. 17, No WECS shall be so constructed or operated so as to create artificial habitat for raptors or raptor prey. Electrical boxes, perching opportunities, etc., shall to the maximum extent practicable be minimized. 18. A Small WECS shall not be located closer to any adjacent property's line, right of way, easement, public highway or power line than the Total Height of the facility plus ten feet. 19. Small WECS shall be set back at least 1,000 feet from any Important Bird Area as identified by New York- Audubon and from State - listed wetlands. The Town hoard may consider applications for Small WECS within 1,000 feet of an Important Bird Area or State - listed wetland upon a recommendation from the Conservation Board. 20. All Small WECS shall be maintained in good condition and in accordance with all requirements of this section. ARTICLE III Small Renewable Energy Conversion Systems (RECS) 18. Intent. This Article regulates and provides standards for Small RECS, designed for on -site home, farm, and small commercial use, and that are primarily used to reduce on -site consumption of public utility generated and distributed electricity. The intent of this Article is to encourage the development of such renewable energy systems and to protect the public health, safety, and community welfare. 19. Permitted Areas. Small RECS may be permitted upon issuance of a Special Use Permit on any parcel meeting the standards of this local law in any zoning district. 20. Small RECS Not Regulated. Small RECS mounted on the structure being served, are not regulated under this local law_ Small RECS mounted on a tower, pole or structure other than the structure being served, and whose total elevation is not higher than the highest elevation of the structure served are not regulated under this local law. 21. Applications. Applications for Small RECS Special Use Permits shall include: I. (a) Name, address, telephone number of the applicant, If the applicant will be represented by an agent, the name, address and telephone number of the agent, as well as an original signature of the applicant authorizing the agent to represent the applicant is required. Page 13 of 23 TB 9 -14 -06 ® (b) The names and mailing addresses of all owners of all property adjacent to the Site and /or within 500 feet of the proposed Site. 2. -Name, address, telephone number of the property owner. If the property owner is not the applicant, the application shall include a letter or other written permission signed by the property owner (i) confirming that the property owner is familiar with the proposed applications and (ii) authorizing the submission of the application. 3. Address of the proposed Small RECS Site, including tax trap parcel number. 4. If proposed structure will exceed the height of the rootline of the building being served, application must be accompanied by an engineer's drawing, 5. (a) A completed Short EAF and a Visual EAF Addendum. (b) The Board may require submission of a more detailed visual analysis based on the results of the Visual EAF Addendum including computerized photographic simulation, demonstrating the visual impacts from nearby strategic vanutge points. The visual analysis shall also indicate the color treatment of the system's components and any visual screening incorporated into the project that is intended to lessen the system's visual prominence. (c) Applicants must have a pre - application conference with the Town Code Enforcement Officer to address the scope of the required visual assessment. 22. Development Standards. All Small RECS shall comply with the following standards. Such systems shall also comply with all the requirements established by other sections of this Article that are not in conflict with the requirements contained in this section. 1. Only one Small RECS per lot shall be allowed. Adjoining lots shall be treated as one lot for purposes of this limitation. More than one Small RECS may be allowed if the applicant adequately demonstrates that the electrical or mechanical power needs of the individual user exceed the power generation capability of one RECS. 2. Small RECS shall be used primarily to reduce the on -site consumption of public utility- provided electricity or as a primary source. of electricity when the applicant is not connected to the electricity grid. 3. Pole height shall be limited to a maximum fifteen (IS) feet. 4. The allowed height shall be reduced it' necessary to comply with all applicable Federal Aviation Requirements.. including Subpart B (commencing with Section 77.11) of Part 77 of Title 14 of the Code of Federal Regulations regarding installations close to airports. 5. The system's structure and components shall be painted a non - reflective, unobtrusive color that blends the system and its components into the surrounding landscape to the greatest extent possible and incorporate non - reflective surfaces to minimize any visual disruption. 6. The system shall be designed and located in such a manner to minimize adverse visual impacts from public viewing areas (e.g., public parks, roads, trails) and from adjacent properties. 7. Exterior lighting on any structure associated with the system shall not be allowed except that which is specifically required by the Federal Aviation Administration, 8. All on -site electrical wires associated with the RECS shall be installed underground except for "tie -ins" to a public utility company and public utility company transmission poles, towers and lines. This standard may be Page 14 of 23 TB 9 -14 -06 modified by the Town Board if the project terrain is determined to be unsuitable due to reasons of excessive grading, biological impacts, or similar factors. 9. At least one sign shall be posted on the tower at a height of five feet warning of electrical shock or high voltage and harm therefrom. No brand names, logo or advertising shall be placed or painted on the tower or components where it would be visible from the ground, except that a system or tower's manufacturers logo may be displayed on a system housing in an unobtrusive manner. 10. Towers shall be constructed to provide one of the following means of access control; or other appropriate method of access: a. Tower - climbing apparatus located no closer than 12 feet from the. ground. b. A locked anti -climb device installed on the tower. c. A locked, protective fence at least six feet in height that encloses the tower. 11, Anchor points for any guy wires for a system tower shall be located within the property that the system is located on and not on or across any above- ground electric transmission or distribution lines. The point of attachment for the guy wires shall be enclosed by a fence six feet high or sheathed in bright orange or yellow covering from three to eight feet above the ground. 12. All Small RECS tower structures shall be designed and constructed to be in compliance with applicable provisions of the New York State Uniform Fire Prevention Building Code, National Electric Code and generally accepted engineering practices. 13. A Small RECS shall not be located closer to any adjacent property's line, right of way, easement, public highwav or power line than the Total Height of the facility plus ten feet. All Small RF.,CS shall be maintained in good condition and in accordance with all requirements of this section. 2nd Cl Stelick Roll Call Vote Cl Christofferson Yes Cl Tier Yes Cl Stelick Yes C1 Sumner Yes HIGHWAY SUPERINTENDENT No report. COUNTY BRIEFING Martha Robertson announced the County will hold a budget forum September 21, 2006, at 7:00 p.m. at GIAC, 318 North Albany St., Ithaca, and the budget hearing will be held November 14, 2006, at 7:00 p.m. in legislative chambers on Court Street. The public is welcome at: the County Legislature meetings (15E and 3ra meetings) to support specific programs or voice concerns. M Robertson said she knew Cl Stelick was concerned about the Recreation Partnership. She would be glad to carry, any recommendation from the Town Hoard about that funding issue. The County Administrator has included cutting the County's share of the Rec Partnership funding ($55,000) as part of the cuts made to keep the County budget at a zero percent increase. Because the agreement requires 18 -month notice to withdraw, it is included Page 15 of 23 TB 9- 14 -06 as one -time funding for 2007, but that will be the end of the funding. She encouraged people ® to speak at a county meeting in favor of retaining this funding. Hunt Engineers Tim Steed of Hunt Engineers said they were hired by the Town to design three permanent sanitary sewer flow monitoring stations. These monitoring stations will monitor the flow in the sanitary sewers interconnecting the 'Town of Dryden and Village of Dryden. One will be located at NYS Route 13 intersection with Freeville Road and two on Lee Road (one at the upper end and one a few hundred feet from Route 13). Hunt has completed the advanced draft of the design for review and comment or approval of the Supervisor. Once they have obtained approval from all parties, they will proceed to bid for the project in hopes they will be constructed before the end of this construction season. They estimate the cost of the three manholes to be $80,000 to $100,000. Atty Perkins said this is more than the $55,100 last estimated by PLS. T Steed said the number provided by PLS was probably closer to the cost of only materials (not installation). Atty Perkins said the plans need to be provided to the Village because they will be taking over and maintaining the manholes in the future. The Village needs an opportunity to review the information before going out to bid, and the Town will have the option of accepting or rejecting the bids. Once the Town and Village have agreed -upon plans and specifications the Supervisor can be directed to put: it out to bid. ZO Slater will deliver copies of the plans to the Village offices. T Steed said with this simple project the bid process should take about 2 weeks and anticipates the project should be substantially completed 10 days after commencement. Data collection depends on the weather because you need to collect data during a dry period and during a wet period to help determine inflow and infiltration. Cl Sumner asked that everyone be encouraged to expedite this matter. is T Steed explained that with respect to monitoring at the sewer plant, he feels it can be p p g p , handled more as a maintenance item and they can seek three competitive quotes rather than going out to bid. The time for fording an acceptable contractor can therefore be shortened once the design is complete. He expects it will take not more than a month and a half to complete the design. They can then get approval from all involved agencies and proceed to obtain a quote. He said it should not be highly involved work and the construction can be accomplished in about a month's time. Cl Stelick asked T Steed to put something in writing with respect: to the time frame so it can be provided to the Village. ENGINEERING Pinckney Road Water &T Sewer Districts - D Putnam said the reports are in draft form and were sent with letters to the affected property owners soliciting comments. Two letters have been received, one for and one against. There are eight properties in one district and seven properties in the other. RECREATION DEPARTMENT Jennifer Dube said she would like to hire Joe Hassett as an assistant. He is qualified to teach and would replace Heather Raponi, RESOLUTION 11138 - HIRE PART -TIME SEASONAL RECREATION ASSISTANT oCl Stelick offered the following resolution and asked for its adoption: 11'age 16 of 23 T13 9 -14 -06 ® Whereas, funds are available through the adoption of the 2006 recreation budget, and Whereas, all programs run by the recreation department are supervised by paid staff and volunteers, and Whereas, more seasonal help is needed, Now, therefore, be it resolved that this Town Board hereby authorizes the hire of Joseph Hassett to work for the Recreation Department from September 15, 2006 through December 31, 2006. 211d Cl Sumner Roll Call Vote Cl Christofferson Yes Cl Tier Yes Cl Stelick Yes Cl Sumner Yes J Dube has given board members information on how she proposes to run the skateboard park and the Memorandum of Understanding with the Village of Dryden, She asked the Board to approve the MOU and believes the Village will approve it next week. Once approved by both boards she will apply for grant funds for the park. They have currently raised almost $12,000. Atty Perkins said there was no term in the MOU and he had suggested to the Village Attorney that it be for year to year with a 90 -day notice termination clause. RESOLUTION # 139 - AUTHORIZE MOU WITH VILLAGE OF DRYDEN 0 FOR SKATEBOARD PARK Cl Christofferson offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the Town Supervisor to sign the Memorandum of Understanding with the Village of Dryden for a skateboard park, with the addition of a 90 -day notice termination clause. 2nd Cl Sumner Roll Call Vote C1 Christofferson Yes C1 Tier Yes Cl Stelick Yes Cl Sumner Yes Board members have received the results of the recreation study done by Cortland State students last year. They are trying to arrange for Sharon Todd of Cortland State to give a presentation of the information at the October Village Board meeting. C1 Sumner will provide board members with a proposal by Thoma. Consultants to do a town -wide recreation survey. She said it is not cheap ($14,000), and they may want to put it out for proposals. Cl Stelick asked D Kwasnowski to work with J Dube to compile all the information they have-, on recreation from the Town's Comprehensive Plan, the Cortland State study and whatever else maybe available. Cl Christofferson said this information needs to be considered when trying to develop a plan for the remaining property near the Town Hall. They also need to consider recreation in other parts of gown. M Robertson said she supports the idea of a town -wide survey to see what the priorities are town -wide. Cl Sumner and Cl Stelick assured her they were looking at the entire; town. Page 17 of 23 *rB 9 -14 -06 The board reviewed the form of agreement with the community centers to provide each ® center with $2,000 for services rendered the town in 2006 as discussed last month and authorized the same. Cl Sumner said an effort needs to be made to reach out to the other centers because to get them on board. She didn't think they were as well prepared as Varna. J Dube said she believed Ellis Hollow was ready to go and she is waiting to hear back from Bethel Grove and Etna. M Robertson said she thought there was still $25,000 for capital improvements and she asked if this came from those funds. Cl Stelick said it did. Cl Sumner said as we get closer to the end of the year, the hope was to initiate this program fund rather than carry over the whole sum for next year. Cl Stelick said the board still has to decide what: to do with the "capital" money. This $2,000 was a compromise because of VanlaIs request. M Robertson suggested the board come up with a form the centers could use to apply for the capital funds. RESOLUTION # 140 - AUTHORIZE AGREEMENTS WITH COMMUNITY CENTERS Cl Christofferson offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the agreements with each of the Town's community centers for the sum of $2,000 for programs and services rendered in 2006. 21A Cl Tier Roll Call Vote ATTORNEY Cl Christofferson Yes Cl Tier Yes Cl Stelick Yes Cl Sumner Yes Atty Perkins reported the Town had reached an agreement with John Holmes to serve as Clerk of the Works for the Town Hall project. The agreement has been signed and he has started work. The Town closed on the property purchase from Tuttle today (approximately 4 acres and a single family residence). It is covered under the town's insurance and J Bailey suggested the town opt for replacement cost on the property at a cost of approximately $400. Cl Sumner explained this will provide a little more room for access and parking for the new town hall. Mr Tuttle has possession of the house and barn until the end of the year. With respect to the Cortland Road Sewer District, Atty Perkins said the town should urge the Village to pass a resolution agreeing to the joint study on flows into the plant, so we can proceed. The cost of the flow monitoring stations is significantly different th'uz the assumption everyone has been working under. He will report on the latest version of the sewer agreement next month. ZONING OFFICER ZO Slater said that he has been working with Thoma Development to put together a Restore NY grant application for restoration of the Tuttle house. The application was filed today. The purpose is to return the house to the medium income bracket, typical of the Village of Dryden in that neighborhood. He has shared this information with the Village and they are quite excited about it. Restore NY is earmarked for municipalities only, for properties that have Page 18 of 23 T9 9 -14 -06 been abandoned or in poor repair. Successful grant applications will be announced at the end of October. The Town Hall project is underway and they have begun to stabilize the site relative to stormwater management. Foundation work will begin next week if the weather cooperates. In January of 2006 a firm from Lansing, Advance Design, came to the board with Thoma Development looking for some funding assistance. ZO Slater will meet. with them next Thursday morning to look at their proposal for construction and development of a site on Route 1.3 they have purchased. It will be subject to a special use permit and they will be coming before the Town Board for approval at some point in the future. Smith Realty now has an associated project for the Dollar General site and their intent is to start the process again next month. ZO Slater said he believes they will continue with the Dollar General project and the Best Western project will have to be a separate application and subject to its own conditions of approval. The board tabled the decision on whether to grant an exception for Ken Manzari to perform electrical inspections for the town and ZO Slater asked the board to now make a determination. C1 Stelick said it needed to be clear that Mr Manzari had enough other work without doing inspections for the Town. ZO Slater said there is no one who would speak more favorably for Mr Manzari than he would, but the board adopted the local law for a reason and that was to have qualified electrical inspectors, and said he believed the board should stick with what the law requires. Cl Sumner said there were no clear grounds for making an exception. Cl Stelick said it won't affect the company because they have other qualified inspectors. The board directed ZO Slater to inform Mr Manzari Is employer that it would not 40 entertain his request for an exception to the requirements. It is necessary r the board to seta public hearing for the Restore NY rant application �' p g g PP and pass a resolution supporting the application after the hearing is held. After discussion, the board will hold the public hearing on September 26, 2006, at 7:30 a.m. at the Town Hall. ENVIRONMENTAL PLANNER Dan Kwasnowski said there was a nice article in The Ithaca Journal about the website work done by his intern Josh Bogdan this summer. One was on trails in the Town and one was an environmental map showing wetlands, unique natural areas, etc. Cl Stelick noted that one thing the recreation survey done by Cortland State revealed was that it was difficult to find opportunities in the Town and the trails map is a step in the right direction with respect to that. D Kwasnowski has provided the board with a proposal for the Dabes property the Finger Lakes Land 'trust would like to donate to the town. There are about SO acres of land in Varna. There are some draining issues for the parking lot., and the cost would be about $12,000. The cost of the parking lot for the Ellis Hollow preserve that the Land Trust would like the Town to construct is about $6,000. There is no additional cost to the Highway Department. The proposal submitted to the board includes a provision for preparation of a management plan for the property. D Kwasnowski said this is an exciting opportunity for the Town, and Cl Stelick said the comprehensive plan tells us it is needed. Atty said what the board should do is pass a resolution in support of the process subject to the preparation and review of the final documents and fimal approval. ® RESOLUTION #141 - ACCEPT DONATION OF DABES PROPERTY Page 19 of 23 T13 9 -14 -06 Cl SteIick offered the following resolution and asked for its adoption: WHEREAS, the Finger hakes Land Trust has offered to donate to the Town a parcel of property known as the "Dabes Property" containing approximately 50 acres near Varna, and WHEREAS, in consideration of this donation the Land Trust has requested the Town construct a parking area on its property on Ellis Hollow Creek Road, and WHEREAS, the Town's Comprehensive Flan indicates a lack of public property for recreational purposes, NOW, THEREFORE, BE IT RESOLVED, that this Town Board hereby authori2es Supervisor to execute the necessary documents to accept the donation of the Dabes property as outlined above, subject to review by the Town Attorney and final approval. 2" d Cl Tier Roll Call Vote Cl Christofferson Yes Cl Tier Yes Cl Stelick Yes CI Surnner Yes Cl Stelick thanked D Kwasnowski for his work on this project. D Kwasnowski explained there was a USGS stream gauge installed on Six Mile Creek at the suggestion and efforts of the Six Mile Creek Watershed Group and Dan Karig of the Conservation Board was the key proponent. It costs about $1.5,000 a year to maintain the gauge. These gauges collect data on an hourly basis and the information gathered is used to calculate impacts of projects in the region. The group is asking for money to help support this effort.. The County usually contributes $10,000 per year from the Finger Lakes Lake Ontario Watershed Protection Agency funding and the City of Ithaca comes up with the balance because they get their drinking water from Six Mile Creek. The County is not: funding the $1.0,000 this year, and the Town of Caroline has taken on the task of trying to gather the funding from the towns in the watershed. Caroline is going to contribute $1,500 and Danby will contribute about the same. D Kwasnowski said USGS needs some kind of commitment from the Towns by September 29. They are looking for a two year commitment and he said if the board approves amending the existing agreement the Town has with USGS to pay $1,00 a year for the next two years to support this gauge, he will look into whether or not it is actually necessary. USGS has lost a lot: of gauges because funding is shut down and they can't support them and they do provide critical information for projects. D Kwasnowski said this area of Six Mile Creek has been identified as one that needs a lot of work and there are properties that are threatened by the sediment imbalance. If they were to apply for funding to correct the problems, the data collected would help expedite the design work. After discussion and further explanation on the importance of the data collected, the board agreed to help fund the gauge project for two years. RESOLUTION #142 - SUPPORT FUNDING FOR SIX MILE CREEK GAUGE ® Cl Sumner offered the following resolution and asked for its adoption: Page 20 ot'23 TB 9 -14 -06 RESOLVED, that this Town Board hereby authorizes funding for the USGS Six Mile Creek Gauging Station in the amount of $1,500 per year for two years, unless other funding opportunities become available. Wesley has moved out of the town so we need to begin a 2nd Cl Stelick for a replacement Roll Call Vote Cl Christofferson Yes Cl Tier Yes Cl Stelick Yes Cl Sumner Yes CI Stelick noted that he doesn't like that each year the County drops more projects that the Towns don't have any say in and allocates the funds in other ways. D Kwasnowski announced that the Conservation Board has an opening because Robert Wesley has moved out of the town so we need to begin a search for a replacement There is a trail funding opportunity through the Office of Parks Recreation and Historic Preservation. D Kwasnowski has looked into it and we might be able to get $50,000 or so for the Dryden - Freeville trail. This is a funding opportunity for motorized trail projects also, and he will look into that. He asked the board for support for grant application. RESOLUTION #143 - SUPPORT FOR GRANT APPLICATION FOR FUNDING FOR DRYDEN- FREEVILLE TRAIL Cl Christofferson offered the following resolution and asked for its adoption: ® RESOLVED, that this Town Board hereby supports the submission of a grant application to the Office of Parks Recreation and Historic Preservation for funding for completion of the Dryden - Freeville Trail. 2 °d Cl Tier Roll Call Vote C1 Christofferson Yes Cl Tier Yes Cl Stelick Yes Cl Sumner Yes TOWN CLERK B Hollenbeck asked the board to approve the minutes of August 10, 2006 and August 23, 2006. RESOLUTION #144 - APPROVE MINUTES Cl Christofferson offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the minutes of the Town Board meetings of August 10, 2006 and August 23, 2006. Cl Sumner Roll Call Vote Cl Christofferson Yes Cl Tier Yes Cl Stelick Yes Cl Sumner Yes Page 21 of 23 TO 9 -14 -06 DISCUSSION Cl Tier will gather numbers (active members in each department) for next month with respect to the Foreign Fire Tax distribution. Cl Tier said he and Cl Sumner spent: a few hours with members of the Etna Fire Department discussing the future of the department, etc. He has some concern in terms of where they are in planning and management issues. Fie is also encouraged with the discussion he had with Tom Lobdell regarding the direction the Department is working toward, and is hearing some positive things. They are taking a broader look at what the Town needs and what the board is looking for. As far as this year's contract, Cl Tier said based on what he is hearing and his ability to sit down with them as well as the discussions they are having with the other fire departments, he feels comfortable with releasing their funds at. this point. Etna has not yet submitted a budget for 2007, and he has heard that they are having difficulty receiving all their mail. Cl Stelick said for two years we've been in the same position, hearing about the good things that are going to happen and still waiting. C1 Christofferson asked if Etna was responding to calls and no one was able to provide that information. He said he is happy to pay for service that is being provided, but not if they aren't provided. He is agreeable to keeping the building open, but not putting funds into truck replacement, etc. unless something is happening. Cl Stelick said they will discuss it further in budget meetings and his recommendation will be to hire an emergency services coordinator to work these things out. This is 1.2 million dollars given out annually to volunteers to run the departments and the Town needs someone to report independently of the departments. Cl Tier asked what the obligation of the town was with respect to the contract amount: and was told there is no contract signed for 2006. Cl Christofferson indicated he was in favor of funding the cost of keeping the building open, but nothing more unless progress is being made. Cl Tier said the Town needs to look at what it needs on a town -wide basis, what equipment is needed where, and fund accordingly. Cl Sumner said she can't blame the Department any more than the Town. As far as she can see Etna isn't spending any money and she presumes it is in the bank for truck replacement. The Town can ask for audits and year -end reports and if we don't have that we may not have enough information to go on. Cl Christofferson suggested the Town fund only the amount it takes to keep the building open. Cl Sumner said Tom Lobdell had told them it cost $60,000 a year to keep the station open. The contract amount was $111,000. Cl St:elick will gather some information from the town bookkeeper and the board will discuss it further on September 26. The town still needs to appoint a representative to the Tompkins County Water Resources Council and D Kwasnowski is looking for someone. People serving on the Route 13/366 Corridor study include Mike Lane, D Kwasnowski, Mike Hattery, Barbara Caldwell, David Weinstein, Martha Robertson and Gene German. They have member item funding to study the development potential on Route 13 and 366 :and then recommend 7oning changes. The Town Historian has notified the Supervisor that she will not: continue for an additional term. The board will meet with the bookkeeper on September 19 at 3:00 p.m. Page 22 of 23 TB 9 -14 -06 RESOLUTION # 145 - APPROVE ABSTRACT #9 Cl Christofferson offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves Abstract #9 as audited, vouchers #720 through 81.9, totaling $359,367.65. 2114 Tier Roll Call Vote Cl Christofferson Yes CI Tier Yes Cl Stelick Yes Cl Sumner Yes Cl Christofferson, Cl Sumner and ZO Slater met with Clarity Connect and they are looking into providing wireless internet service to rural areas in the town. The survey of the property the Torn is purchasing from VanPelt for the Dryden- Freeville trail has been complete and the documents prepared. Atty Perkins is waiting to hear from VanPelt with respect to a closing date, and asked the board for authorization to close and make the appropriate payment. RESOLUTION # 146 - AUTHORIZE VAN PELT CLOSING Cl Sumner offered the following resolution and asked for its adoption: RESOLVED, that this Torn Board hereby authorizes the Supervisor to sign the necessary documents and make necessary payment to the seller and other related expenses for the purchase of the property, from VanPelt for the Dryden- Freevi.11e trail. 2nd Cl Christofferson Roll Call Vote Cl Christofferson Yes Cl Tier Yes Cl St:el.ick Yes Cl Sumner Yes Ezra Cornell of 281 Development: Corp told the board they are very enthusiastic about the formation of the Pinckney Road Water and Sewer District. Their property is located in the Empire Zone and gives them an added opportunity. There being no further business to come before the board, the meeting was adjourned at 10:30 p.m. Respectfully submitted, N�.�. / L Barnbi L. Hollenbeck Town Clerk Pske 23 of 23 Name - fPiea e Print) px� Av 16 1` A I irown ut uryden Town Board Meeting September 14, 2006 f'r ).aw. Address 1z <. /* #" L+ 19 (1 L t lti u- J64j� � A4� 42. c2 CL J L c�ILA lao a, bmms+�Sn e, SL pD I 9 L,\ ] 14)"u of Dryden Town Board Meeting September 14, 2006 Name - ,Please Print} �a� , A,,rr, F Address sKJ 3yr i✓�- DRYDEN TOWN BOARD MEETING 65 E. Main St, Dryden, New York 13053 Thursday, September 14, 2006 at 7:00 p.m. I) Call Meeting to Order 2) Pledge of Allegiance 3) Roll Call 4) Public Hearing Presenter 5) Agenda Item a) HUD Loan — Cayuga Press P Schug 6) Citizens Privilege 7) Town Highway Superintendent/Department of Public Works J Bush 8) County Briefing County Repr, 9) Engineering A Sciarabba 10) Recreation Department J Dube a) Hire Part -time Recreation Asst b) Skate Park M.O.U. c) Recreation Study Results d) Monthly Report 11) Attorney M Perkins 12) Zoning Officer H Slater a) Restore NY Grantfl'uttle Property 13) Environmental Planner D Kwasnowski a) Monthly Report 14) Town Clerk B 1•lollenbeek a) Approve August minutes 15) Discussion a) Energy Ordinance b) Foreign Fire Tax distribution c) Etna Fire Department Contract d) Pinckney Road Water & Sewer e) Appoint someone as Tompkins County Water Resource Council Representative t) Discuss day and time to meet with bookkeeper for budget meeting g) Rt 13/366 corridor Management Plan Team h) New Town Historian for next year i) Contracts for Community Centers for $2,000 each 16) Approve Abstract # 9 17) future Agenda Items 18) Executive Session - ifnecessary 9 -E4 -00 e. SPEAKER SIGN IN SKEET If you wish to address the Board under citizens privIIege of the floor please sign m below. Speakers will he limited to a maximum of three minutes, Please provide the Cleric with a written sum -nary of your statement- Name { Acidness rYA 101 f Vhj ff i Oc ti�os3