HomeMy WebLinkAbout2008-08-14TB 8 -14 -08
• TOWN OF DRYDEN
TOWN BOARD MEETING
FREE VILLE FIRE STATION
AUGUST 14, 2008
Present: Supervisor Mary Ann Sumner, Cl Joseph Solomon, Cl David
Makar, Cl Jason Leifer
Absent: Cl Stephen Stelick, Jr.
Elected Officials: Bambi L. Hollenbeck, Town Clerk
Jack Bush, Highway Superintendent
Other Town Staff: Mahlon R. Perkins, Town Attorney
Henry Slater, Zoning Officer
Melissa Bianconi, Recreation Director {
Dan Kvvasnowski, Environmental Planner
Kevin Ezell, Zoning Officer
Andrew Sciarabba, TG Miller Engineers
Ob
Supv Sumner opened the meeting at 7:05 p.m. and board members and guests
participated in the pledge of allegiance. Supv Sumner thanked the Freeville Fire Department
for hosting the meeting and for the celebration in recognition of their 10003 anniversary. She
• has prepared an award recognizing their 100 years of service to the people of the Town of
Dryden.
PUBLIC HEARING
PROPOSED LOCAL LAW AMENDING THE
TELECOMMUNICATIONS LOCAL LAW
Supv Sumner opened the public hearing at 7:07 p.m. and B Hollenbeck read the legal
notice publisher) in The Ithaca Journal. This amendment will specifically allow Tompkins=
Cortland Community College to install a temporary telecommunications tower under specific
conditions, including its removal within six months of its installation. Supv Sumner said this
amendment will allow TC3 to use a temporary tower while they are in the process of developing
a permanent tower.
There were no questions or comments from the board or the audience and the hearing
was left open at 7:09 p.m.
PUBLIC HEARING
PROPOSED LOCAL LAW AMENDING
THE CORTLAND ROAD SEWER DISTRICT RENT LAW
Supv Sumner opened the public hearing at 7:10 p.m. and B Hollenbeck read the legal
notice published in The Ithaca Journal. Supv Sumner shared a spreadsheet showing the users
in the Cortland Road Sewer District and the impact the increase would have on each.
•There were no questions or comments from the board or the audience and the hearing
was left open at 7 :11 p.m.
Page 1 of 19
T13 -14-08
PUBLIC HEARING
SPECIAL USE PERMIT APPLICATION OF
ADAM FARRELL TO MTABLISH A CAFE AND
BUSIMMS OFFICE AT 1143 DRYDEN ROAD
upv Sumner opened the public bearing at 7012 p.m. and B Hollenbeck read the legal
notice published in The Ithaca Journal. Matt Farrell explained the building will he used
primarily for a small coffee shop- The second use will be for providing information to the public
about renewable energy products and specific product application- They will establish a solar
thermal systern on the cafe, so it will be a true green operation, and independent from local
utilities. The office will be solely for research and diwelopment for marketing and product
development work for the primary company, Silicon Solar,
O Slater explained that food service businesses in an RC or RD zone require a special
permit application. Applicant has made revisions to the original plan- ZO Slater said he did
not submit the revised application to Tompkins County Planning because the changes made
were those that had been recommended by Cotknty Planning-
Atty Perldris rioted that County Planning had asked to receive a revised, to- scale site
plate prior to approval, and if the board chooses to approve the application without having done
that, a super majority vote would be required,
The hearing was left open at 7:00 p.m-
CITIZENS PRIVILEGE
IDanuy and Jackie Freire of 40 Beam Mill said they arc concerned about noise generated
from the dirt track near their house- This rn 1tter was discussed at a board meeting in
September 2006. At that time the owners of the property agreed to lirnit the hours the track
was being used, and D Freire said that the trade is used outside those hours. He has tried to
contact the property? owners, but they do not return his calls. in the time csince they purchased
the home (October 2006) the situation has worsened- The hours and frequency of use seem to
have increased. They are unsure what their options are. Part of the nuisance is the
unpredictability of use of the track. Freires have tried talldng to the property owners to no
avail. They would like: a schedule of use, so they can plan their activities around it
Ma,rtiri Christofferson said he helps maintain the track and disagrees with a lot of what
PYc:ires have said. Currently only the part of the track that is behind Freire's house is being
used. He is confident that the track is being shut down around 5;34 p- Tn. each night. He does
understand their perspective, but other people have a different view of it. It is a great activity
for the kids to do, but it is noisy,
upv Sumner said the Town does not have a noise ordinance and recommended the
parties set up a meeting with Community Dispute Resoluhon, M Christofferson offered to
contact the Swanson - Pincers and ask them to talk with the Freire's- He said he understands
that they are most affected by the noise on the track because of their close proximity, D Freire
said he is concerned they will be told something to placate them, but that there won't be any
real attempt to resolve the matter- Supv Sumner said there isn't really anything the Town can
do and urged them to seek help from Community ]Dispute Resolution,
upv Sumner closed the public hearing of
The board reviewed Jeff Kirby's comments on the
{hasn't clear to him initially that this amendment
sunset provision For the amendment, He doesn't
amendment as written.
Z the telecommunications law amendment,
proposed amendment. J Kirby said that it
was for TC5 only, and that he doesn't see any
have any serious objections to the proposed
Page 2 of 19
TB 8-14-08
Cl Solomon arrived at 7:44 p -m-
The board discussed the rnaxirn1) m height of 109' alIowcd in the law, and that addition
of the lightning rods would increase the height to 115'. ZO Slater said they could conclude
that the lightning rod was not part of the structure. J Kirby said the initial local lew set the
height at a maximum of 1.40' without special considerations. This is a. temporary installation,
so visual impact isn't really a concern- After further discussion, it was decided to leave the
height at 109',
There being no further comment from the board or audience, Supv Sumner closed the
public hearing at 7;52 p.m.
Supv Sumner closed the public hearing at 71 r53 p,m, about the proposed local law
increasing the rates in the Cortland Road $ewer 'District and asked whether there were any
comments from the board or audience. Michael Lane said this rate increase is probably just a
first step- The Village has been talking about raising rates by 100% He said that really needs
to be looked at- They need to evaluate loolarig at a consortium, and a larger plant that might
be more susceptible to getting fUnCliil Presently there is no chance of grant funding or law
interest bond payments- A new plant would be more than the cntire sewer budget. He said the
Town and Tillage boards shoi]d be looking at this, and a more careful search should be done
for grant funding. Supv Sumner said she is committed to working on this with the other
municipalities and added that competition for funding is very tough right. M Lane said he
would like to see the town put together another regional commission to look at sewer issues in
the whole area-
ADOPT • r ROAD SEWER DISTRICT
SEWER RENT LAW AMENDMENT
Cl Makar offered the following resolution and asked for its adoption-
RESOLVED, that this Town Board hereby adopts the following local law known as 'A
local law further amending Local Law No 2 of the year 2004 which (re)estabhshed the Cortland
Road Sewer District Rent Law°', and the Town Clerk is directed to file the same with the
Secretary of State.
Section 6(b) of Local Lain No. 2 of the year 2004 as arnended by Local Law Flo. 2 of the year 2007 is
hereby fimber amended by substituting for the table of amount of water usage and rate set forth in such
section, the following table;
AMOUNT
OF WATER USAGE
RATE
Pint
1250 gallons
$
50 -13
(minimum bill)
Next
13750
gallons
4.71
per
thousand
or
part
thereof
hlcxt
25000
gallons
$
5.45
pur
thousand
or
part
thereof
Next
20000
gallons
$
5.85
per
thousand
or
part
[hereof
Next
40000
gul Ions
$
6.26
per
thousand
or
part
thereof
Thereafter
S
6.66
per
thousand
or
part
thereof
Page 3 of 19
TB 8 -14-0 3
2_ This local Jaw shall take effect topon filing with thie Secretary cal` State and for all billing periods which
begin on or after October 15, 2008.
FA l Leifer
]Roll Call Vote Cl Solomon Yes
Supv Sumner Yes
1 Makar Yes
Gl Leifer Yes
Supv Sumner updated Cl Soloman on the Green CaM application. A Sciarabba said all
striping for parking for this property should stay on the appropriate parcel_ This would prevent
problems in the future if one or the other of the lots were sold. A new plan should be
submitted_
The board reviewed the short form SFQR for the project,
RESOLUTION # 132 - NEG S R DEC - GREEK cAft sPEa L USE PERmIT
1143 DRYDEN ROAD
Cl heifer offered the following resolution and asked for its adoption:
WHEREAS?
A. The proposed action involves consideration of the application of Adam Farrell to
aperato u cafe and business office at 1143 ]Dryden load,
1(3_ fhe proposed action is an Urdisted Action for which the Town Board of the Town
of Dryden is the lead agency for the purposes of uncoordinated environnmentaJ review in
connection %ith approval by the Town,
G, The Town Board of the Town of Dryden, in performing the lead agency function
for its independent and uncoordinated environmental review in accordance with Article S of the
New York State ]environmental Conservation Law - the State Environmental Quality Review Act
°'(SEQRJ, (i) thoroughly reviewed the Short Environmental Assessment Form (the 'Short LEAP),
Part I, and array and all other docurneriv. prepared and submitted with respect to this proposed
action and its environmental review, (ii) thoroughly analyzed the potential relevant areas of
environmental concern to determine if the proposed action may have a significant adverse
impact on the environment, including the criteria identified in 6 NYGRR 617.7(c), and (iii)
completed the Short EAF, Part 11;
NOW, THEREFORE, BE IT 11 ESOLVED AS FOLLOWS:
1_ The Town ]hoard of the Town of Dryden, based upon (i) its thorough review of the
Short EAF, Part 1, acid any and all other documents prepared and submitted ;%qth respect to
this proposed action and its environmental review, (ii) its thorough review of the potential
relevant areas of e!nvironrnental concern to determine: if the proposed action may have a,
significant adverse impact on the environment, including the criteria identified in 6 NYOIRR
§617.7(c), and (iii) its completion of the Short EAF, Part 11, including the findings noted thereon
(which findings are incorporated herein as if set forth at length), hereby makes a negative
determination of environmental significance (°'Negative Declaration'l in accordance with SEQR
for the above referenced proposed action, and determines that neither a full Environmental
Assessment Form, nor an Environmental Impact Statement will be required, and
. The Responsible Officer of the Town ]Board of the Town of Dryden is hereby
authorized and directed to complete and sign as required the determination of significance,
Page 4 of 19
TB 8-14-08
confirming the foregoing Ncgative Declaration, which fully Completed and signed Short EAR' and
determination of significance shall be incorporated by reference in this Resolution_
21,11 Cl Makar
Roll Call Vote C1 Salomon Yes
Supv Sumner Yes
Cl Makar Yes
Cl Leifer Yes
The boaA discussed conditions of approval for the Green Cafe application. Supv
Sumner said she would like to have a scale drawing of the site, including the parking revisions.
A Sciarabbia said numbers 5, 6 and 8 of the standards condition do not apply and should be
waived.
RESOLUTION # 133 - APPROVE SPECIAL PERmrr - GREED CAFE
1143 DRYDEN ROAM!
Supv Sumner offered the following resolution and asked for its adoption:
RESOLVED, that this Town Soard hereby approves the special use permit application of
Adam Farrell to operate: o cafe and business office aL 1 143 Dryden Road, subject to the
following conditions;
1) A revised, to scale site plan showing the parking revisions;
2) Standard Conditions of Approval, except numbers 5, 6 and 8_
Rd Cl Makar
Roll Call Vote Cl Solornon Yes
Supv Sumner Yes
Cl Makar Yes
C1 Leifer Yes
The board reviewed the short environmental assessment for the telecommunications
law amend.menn
RES LIMON 0134 - NM SE R DEC - ADOPTION OF LOCAL LAW FJ MITTING A
TEMPORARY TELECOMMUNIOATI()NS TONER ON LANDS OF TOMPMNS-CORTL ND
COMMUM Y COLLEGE
Supv Sumner offered the following resolution and asked for its adoption:
WHERCAS,
A, The proposed action involves consideration of adoption of a local law t1iat would
per nit Tompkins Cortland Commurxity College to use a temporary cellular tower on wheels on
Property owned by the college for a period of six months.
a_ The proposed action is an Unlisted Action for which the Town Board of the Town
of Dryden is the lead agency for the purposes of uncoordinated environmental review in
connection with approval by the Town,
C. The Town Board of the Town of Dryden, in performing the lead agency function
for its independent and uncoordinated environmental review in accordance with Article 8 of the
New York State Environmental Conservation Law - the State Environmental Quality review Act
Page 5of19
TO 8 14 -08
'( EQRJ, (i) thoroughly reviewed the Short Snvironmental Assessment Farm (the 'Short. EAP'P'),
Part I, and any and all other documents prepared and submitted with respect to this proposed
action and its environmental rvi w, (ii) thoroughly analyzed the potential relevant areas of
environmental concern to determine if the proposed action may have a significant adverse
impact on the environment, including the criteria identified in 6 NYORR §617.7(c), and (iii)
completed the Short EAF, Part II;
NOW, THEREFOIRE, BE IT RESOLVED AS P90LLO :
1_ The Town Board of the Town of Dryden, based upon (1) its thorough review of the
Short EAF, Part 1, and any and all other documents prepared and submitted with respect to
this proposed action and its environmental review, (ii) its thorough review at the potential
relevant areass of environmental concern to determine if the proposed action may have a
si&nif`ic nt adverse impact on the environment, including the criteria identified in 6 NYOR
§617.7(c), and (iii) its completion of the Short CAF, Part II, including the fmdings noted thereon
(which i'tnd.ings are incorporated herein as if set forth at length), hereby makes a negative
determination of environmental significance ('Negative Declaration ") in accordance with SEQR
for the above referenced proposed action, and determines that neither a full Environmental
Assessment form, nor an Environmental Impact Statement will be required, and
. The Responsible Officer at Lhe Towson Board of tho Town of Dryden is hereby
authorized and directed to complete and sign as required the determination of significance,
confirming the foregoing Negative Declaration, which fully corn pleted and signori Sh ort EAF and
determination of significance shall be incorporated by reference in this Resolution.
2"1' Cl Maker
Roll Call Mote Ci Solomon Yea
upv Sumner Yes
C1 NIakar Yes
Cl Leifer Yes
RESOLUTION *135 — ADOPTION OF LOCAL LAW PERMITT)tNG A TEMPORARY
TELECOMWNICATIONS TOWER ON LANDS OF TOMPKIN'S- CORTLAND
CO11+i UMTY COLLF40E
upv Sumner offered the following resolution and asked for its adoption.
RESOLVED, that this Towm Board hereby adopts the following local lawn- known as "A
local law permitting a temporary telecommunications tower on lands of Tompkins- Cortland
Oomrauniity College", and the Town Clerk iS directed to file the same with the Serzretary of
State.
Local Law lea. 2 of the year 2006 is hereby am�rtded by adding thereto a new Subsection C to Scotian 15
(Applicability of Specia l Use Permit to Telecommunications "Powers) to read at follows:
"C. Notwithstanding anything else bu the contrary in Local Law No, 2 of the year 2006, Tompkins
Cortland Community College shall be permitted to install a tcmporwy telecommunications tower, "coil an wheels„
or `SCOW" as herein provided and under the following express conditions:
I) A "cell oa wheels" or "COW" is defined a�; a portable telecommunications tower, mounted on
wheels and capable of being towed to a site, erected, braced and used to provide a temporary
telecommunicalions service, and when removed no visible evidence of its instalTation remains. It
includes portable cabinets housing equiptrkent used to provide the service. For the purposes of this
local law, its freight doQ.5 not exccud 109 feet above ground level.
Page 6 of 19
"I'B 8 -14 -08
2) The installation shall be within the existing chain link fence enclosure surrounding the existing
water tower on Farview Drive (Town of Dryden Tax Parcel No. 37.- 14.2), herein the installation
site.
3) Prior to the issuance of a building permit the applicant shall pay a special use permit fee to the
Town of Drvden of $250.00.
4) Prior to the issuance of a building permit the applicant shall file with the Town of Dryden the
performance security required by Section 21 of Local Law No. 2 of the year 2006 in the amount of
$25,000.
5) The installation of the "cell on wheels" and the installation site shall comply with all other
applicable laws, statutes, requirements, rules, regulations, codes, including, but not limited to the
Uniform Fire Prevention and Building Code and National Electric Code.
6) This amendment shall
not be
construed
to
waive, amend, revise or otherwise affect the
applicability of Sections
1, 2, 3,
4, 11, 12, 15,
months of the effective date of this
17(c), 19(2) and (3), 21, 22, 23, 24, 25, 26, 27 28
and 30 of Local Law No.
2 of the
year 2006,
to
the installation and the installation site.
7) Except as provided herein, the installation of the "cell on wheels" as herein defined and the
installation site shall be exempt from all other requirements of Local Law No. 2 of the year 2006.
8) The "cell
on
wheels" and
all other appurtenances shall be
completely removed from the
installation
site
within six (6)
months of the effective date of this
local law.
9) 'Phis local law shall take effect upon filing with the Secretary of State as required by the Municipal
Home Rule Law,
2nd Cl Leifer
Roll Call Vote
TOWN CLERK
Cl Solomon Yes
Supv Sumner Yes
CI Makar Yes
Cl Leifer Yes
B Hollenbeck asked the board to approve the minutes of the July 10 and August 5,
2008 town board meetings.
CI Makar offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves the minutes of the July 10, 2008
and August 5, 2008 town board meetings.
2"d Supv Sumner
Roll Call Vote CI Solomon Yes
Supv Sumner Yes
Cl Makar Yes
CI Leifer Yes
B Hollenbeck read the following letter received from a resident:
Page 7 of 19
"1'$ -14 -0
0 Cear Supervisor Sumner and Town Board
The topic of trails for transportation purposes has came up at recent town meetings. I wanted to provide my input as a long-time
cyclist.
I have been bicyding th e roads of lthaca for the last 40 years. Except for the stretch between EII is Hollow Road from Easl Hill
Plan to my home on Quarry Road, I have been a very happy cydist, Ellis Hollow Road has been neglected by the county for a
long time but could easily be improved just by repaving it.
From my oonvarsabons with other cyclists, I can tell you what is moll wanted is a road with smooth pavement, Only a Marrow
shoulder is necessary for Ellis Hollow Road rather than the five -foot paved shoulder the Tompkins County Highway Department
has proposed. The read does not have to lase its beauty and rural character or encourage speeding because of excessive
wAlh.
My concems about the possibility cf trails are as follows:
1) the loss of basic rights for property owners adjacent to or flea r trails,
2) the inciresSed likelihood of crime to property owners;
3) Irail users leaving a trail and trespassing; and
4) loose dogs that pose the risk of personal injury to property owners and #heir pets,
Beyond these serious issues is the safety of cyclists and pedestrians, who are less likely to get robbed or otherwise assaulted on
a well- traveled road than on a trail,
Losing moire land to pavernent is not a sustainable land -arse apprnc - We should wisely use the roads and streets we have
now and keep as much land as possible undeveloped. Thank you for your consider0on,
Yours truly,
David Astrof
MGHWAYJDPW DEPARTMENT
J Bush s�kid his stab has for the most pert moved into the old town hall building. There
is extra equipment there that they will not be utilizing including four or five old desks, eight
filing cabinets and several chairs that are not in very good shape, together with several
computer monitors. He asked the board for permission to send these iterns to the Lansing
Surplus Auction. An inventory of the equipment will be given to the bookkeeper.
RESOLUTION # 137 - SEND S {PLUS OFFICE 1EQUI1MMINT TD AUCTION
Supv Sumner offered the followi
m ng resolution and asked for its adoption=
RESOLVED, that this Town Board hereby authorizes the Highway Superintendent to
sell surplus office equipment at the Lansing Surplus Auction, after providing the bookkeeper
with a listing of such equipment.
god Cl. Soloman
Roll Call Vote C1 Solomon Yes
Supv Sumner Yes
Cl Ma.kar Yes
1 Leifer Yes
J Bush would like permission to sell the raller the Departrnent currently has.
Page 8 of 19
T13 8 -14 -08
RESOLUTION #138 - SELL ROLLER
Supv Sumner offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby authorizes the Highway Superintendent to
sell the 1978 Dynapac single drum roller serial number 1812 - 137874 at the Lansing Surplus
Auction.
2nd Cl Solomon
Roll Call Vote Cl Solomon Yes
Supv Sumner Yes
Cl Makar Yes
Cl Leifer Yes
The time in which to file a petition for a vote on the question of constructing the salt
barn has passed, and Atty Perkins said the board is free to act: with respect to that. The
resolution passed by the board in July reserves the right for the board to review the exact
location, style, etc.
A Sciarabba said they are working on the bid documents. They have the site plan done
and are working on the construction details. The site plan was presented and explained to the
board. He asked the board for authorization to proceed.
RESOLUTION #139 - AUTHORIZE PREPARATION OF BID DOCUMENTS
C1 Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves the site plan for the new salt /sand
storage building for the Highway Department, and authorizes TG Miller to prepare bid
documents.
2ttd Cl Makar
Roll Call Vote
ENGINEERING
Cl Solomon Yes
Supv Sumner Yes
Cl ,Makar Yes
Cl Leifer Yes
A Sciarabba reported they have been having trouble establishing the vegetation on the
retention pond at the new town hall. They put down a biodegradable polypropylene fabric to
help keep the moisture in and the animals from getting to the seed. They have pretty good
growth now. In another week they will switch the bypass and start flow into that pond.
There will be a final walk- through at the new town hall building on Tuesday with the
architects.
RECREATION DEPARTMENT
M Bianconi said today is her one -year anniversary and gave an overview of what has
been accomplished in that year. The dugouts are constructed at the Wall Street Ball Field.
is Programming has been expanded with yoga for adults, track and field for youth, and a very
successful science program for youth. The skateboard park is fully operational with staff and
consistent hours. A distribution list of nearly 800 unique email addresses has been
established and is in use. Dryden has stronger representation on the Recreation Partnership
Page 9of19
TB -14 -08
Board. The Recreation Master
Plan
is in progress. There is
mare to accomplish and she eels
the department is moving in a
new
and positive direction.
or modified cheerleading this
Pootball
and
Cheerleading
registrations are going well w -id practices short next week.
There will be no
flag
cheerleading
or modified cheerleading this
year,
Stakeholder surveys for tb.e Recreation Master Plan have come back with responses
from a diverse group_
Bianconi said she has some suggestions for more senior citizen oe #3 itaes and she will
be attending their meetings in the future to Wk with them abDutr what they would like to see.
She said her goal with adult programming is to move away a little from sports programs and
have a more rounded selection.
COUNTY BRIEFIN
No report.
ZOMMO DEPARTMENT
ZO
Slater had previously distributed to the board a
proposed revision to
the Standard
Conditions
of Approval, Amer a brief discussion, the board
passed the following
resolution.
RESOLUTION #140 � MODIFY STAN13ARD CONDITIONS OF APPROVAL
Ol Makar offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby amends the Standard Conditions of Approval
to read as follows:
] , The Environmental Assessment Form prepared in connection with rho project is approved and accepted
based upon the tact that tlle pruiect will have no significant adverse environmental impact_
2, T'he project shall be con&micted according to the plans submitted by the applicant and approved and Filed
with the Town of Dryden,
3, The project during and following cwneruction sltall comply with all applicable Town, County, Mate and
Federal laws, statutes, codes, ordinances, approvals and rules and regulations.
4. The project during construction and upon completion shall not constitute a public or private nuisance_
5_ When municipal water or municipal sewer is available to the siu; the applicant shaII connect to the ;carne upon
notice to do so from the Town,
6, Ifapplicable the project shall coin ply with Dryden `fawn Local Law #4 of 2007 esubli ski ng the Tour of
Dryden Starmwater Management, Erasion zinc! Sediment Control Law_
7, 1 f a buffer is required to be planted then it shall be rnaintained by the applicant_
8.
No permits shall be issued until all fees and current reimbursable expenses are paid by the applicant and no
Certificate of Occupancy or Temporary Certificate nl`Occupancy [nr Certificate of Compliance .shall be
issued until ul l outstanding reimbursable expenses are paid by the applicant,
9. In the event o f a sale, transfer or discontinuance oFth , permitted ww of the pruperty, the applicant or
0 permittee shall notify the Cade Enforcement Officer of such sale, transfer or discontinuance,
Page 10 of 1
TI3 &14-08
0 211dCJ Solomon
RL'Al Call Vote Cl Solomon Yea
Supv Sumner Yer3
Cl Makar Yea
Cl Leifer Yes
O Slater said Natan Huffrnan is interested in filling the vacancy on the Zoning Board of
Appeals. Board mernbers have copies of his application.
Cl Makar offered the following resolution and asked for its adoption:
RESOLVED, that this Town Bawd hereby appoints Natan Huffman to serve on the
Zoning Board of Appeals, with a terrn to expire 1)ecembey 31, 2009 _
2na Cl Solomon
Roll Call Dote Cl Solomon Yes
Supv Sumner Yes
Cl Makar Yes
Cl Leifer Yes
Z.O Slater reported that one member of the Zoning Board of Appeals has not attended
meetings in quite some time and they will be asking him to resign.
ZO Slater reported that the Village of Dryden is in temsted in moving forward with a trail
from TC3 to the Village. Hc, asked the Board if they would like hi.m to start looking into casts,
who the partners would be and what their contribution might be, possible obstacles, and
generally piitting together an approach plan. lie thought this is something he and Dan could
work on with the group that met about this earlier in the summer. Supv Sumner said it
should be looped at as both a nature trail and commuter path_ She noted this idea stems from
a recommendation by Tompkins County Planning in connection with TC3's most recent
addition of dormiinTy buildings.
David
Sprout
has
completed
his training and
taken and
passed the test for Code
Enforcement
Officer,
and
ZO Slater
asked the board
to appoint
him to the position,
RESOLUTION # 1+42 - APPOINT D sPROUT AS CODE ENFORCEMENT OFFICER
Cl Makar offered the following resolution and asked for its adoption:
WHEREAS, the Town of Dryden established a second position of Code Enforcement
Officer in accordance Agth applicable New York State laws and the Civil Service Rules for
Tompkins County; and
WHEREAS, said position is established in the competitive cIass pursuant to Section 44
of the Civil Service Law and the Civil Service Mules for Tompkins County, which requires the
individual occupying the position to pass a civil service exam; and
WHEREAS, David Sprout took and passed the required exam for this position;
NOW, THEREFORE, BE IT
Page 11 of 1
TB 8-14-08
• RESOLVED, that this Town Board hereby appoints, in accordance with applicable Civil
Service laws, rules and regulations, David Sprout to permanent competitive class status in the
title of Code Enforcement Officer.
2^d Cl Leifer
Roll Call Vote Cl Solomon Yes
Supv Sumner Yes
Cl Makar Yes
Cl Leifer Yes
Supv Sumner noted that K Ezell and D Sprout logged over 600 miles each last month in
the course of performing their duties.
Kevin Ezell will be out of the office a good portion of September attending Building $a
Code Enforcement Conferences.
PIA41 ZO
D Kwasnowski reported that all documents necessary for the Lew -Lin farmland
protection implementation grant have been drafted and they are waiting for approval from the
State. The survey and appraisal have been completed and things are moving along well.
For the next round of farmland implementation grants, D Kwasnowski said the County
would like to focus on other towns that don't have staff support. Three farms will apply this
year: the Carpenter Farm, the Marquis Farm and the Prince Farm (rented by the Jerry Dell
Farm that is already in the program). Because a municipality is limited to two applications to
the State, D Kwasnowski and Ed Marx have decided the Town of Dryden would be the lead on
the Carpenter and Marquis farms, and the County %rill submit the application for the Prince
farm. The Town will partner with the County on the Prince farm, and this will allow the three
applications with highest priority in the Town of Dryden to be submitted.
It will take quite a bit of time to get these applications together and submitted, and D
Kwasnowski asked for a sense of the board in pursuing these projects. The board is in favor of
this and asked him to move forward. Cl Makar noted the Conservation Board is in favor. Supv
Sumner noted this is a serious time commitment. The board would like him to proceed with
the applications.
With respect to the
Dryden- Freeville Trail, D
Kwasnowski said the bridge that the DPW
Department is working on
looks great. The William
George Agency has denied the
Town's
request for an easement across their property for the
trail. They may be willing to
consider an
alternative route. I-Ie recommends proceeding with
obtaining an easement for the
portion
between George Road and
the town -owned property
on the Springhouse Road end.
There was
discussion about whether
the pond would now be drained.
The board will discuss
it next
month.
D Kwasnowski and Supv Sumner met with Cornell on Tuesday. They are wrapping up
with the Town of Ithaca a process that is called a Transportation Oriented Generic
Environmental Impact Statement. A result of that is thing called a Transportation Impact
Mitigation Strategy and that prioritizes all the projects identified in the EIS. Near the top of
that list is the Varna 'frail. The first phase of extension of the Town of Ithaca trail would be
from Game Farm Road to Observatory Circle. Most of that land is owned by the Game Farm or
Cornell, with other portions owned by the Town of Dryden and Lucente. Cornell is working on
getting permission from the State, and it looks pretty promising. Funds will be available from
Cornell's community initiative project. Supv Sumner said there was some discussion of the
Page 12 of 19
TB 8 -14 -08
Town of Dryden providing labor for development of that section with the trail, with Cornell
funding the materials.
With respect to the design guidelines, D Kwasnowski said the consultants have
prepared some suggested language for incorporating the guidelines into the zoning ordinance.
The guidelines are presently being provided to appropriate applicants by the zoning office.
There was discussion about whether to continue to distribute them as guidelines or to adopt
the guidelines as part of the zoning ordinance prior to preparation of a new complete zoning
ordinance. Supv Sumner said she would like to adopt them sooner rather than later, as they
can be used by the various boards in making determinations with respect to a project: and by
applicants in planning a project. They could be adopted in the same sense as the
Comprehensive Plan. She would like a resolution by the Town Board adopting the guidelines
and asking all developers to consider them.
D Kwasnowski said the Zoning Ordinance could be amended so that the design
guidelines are incorporated into the review process. Applicants would then have to address
why they can or cannot comply with the guidelines. Adoption of the guidelines would give
another level of review to a project.
Cl Makar said he doesn't see any benefit in adopting the guidelines at this point.
Applicants can review them and decide not to follow them. They are already being handed out
by the Zoning Department and applicants are aware of them.
D Kwasnowski said
incorporated into the zonin
review process. He said he
amendments to the zoning
them for board review,
the guidelines should at least be adopted as policy. They can be
g ordinance later. It would be nice if they were considered in the
thinks the Town Attorney should take the recommended
ordinance, look at them, and make sure that they work and prepare
Atty Perkins said if the guidelines are adopted as a policy, the board need only to pass a
resolution. The board could pass a resolution saying they want the zoning department to hand
out the guidelines to developers and say this is the Town's official position. We aren't enforcing
it, but we'd like them to consider it. Supv Sumner pointed out that we don't require the
Planning Board to consider the Comprehensive flan, but they do. D Kwasnowski said that
Town Law requires that site plan review boards or special use review boards consult the
Comprehensive Plan.
Cl Makar said there has been no formal discussion of the guidelines since they were
presented in May. He asked the following questions. How does the Town Board feel about the
presented guidelines? Do they meet the needs of the Town? Do they follow the Comprehensive
Plan? Are they perfect? What specific questions are there? What amendments would you
recommend in order to allow implementation of the guidelines? He had no response from
board members to that email. The matter has not been on the agenda for discussion.
The board discussed what the next step should be with respect to the design guidelines.
D Kwasnowski said these guidelines were recommended in the Comprehensive Plan. Supv
Sumner said a lot of debate took place at the Conservation Board and Planning Board
meetings. ZO Slater said that he is not certain that he supports the residential design
guidelines because he is not sure they work with the current subdivision ordinance. He will
support the commercial design guidelines. Supv Sumner said she thinks the residential
guidelines can work pretty effectively, as long as they don't conflict with road frontage or septic
• laws. Cl Makar asked ZO Slater to put his concerns in writing before next month's meeting.
Page 13 of 19
TB 8-14 -08
ZO Slater said they will continue to distribute the guidelines to applicants cautioning
them that the guidelines may be in place at the time the applicant's project begins. The board
may set a special public meeting for the purpose of discussing the guidelines.
D Kwasnowski said there have been discussions about the well drilled at Dryden Lake
during the aquifer study turning into a water source for the Village of Dryden. He will be
devoting some time to this project. M Lane said he is concerned about the distance the water
will have to be pumped. D Kwasnowski said they can spend a lot of money trying to tap into
the aquifer closer to the Village, or save time and money by using a proven source. Supv
Sumner will talk with the Village and D Kwasnowski and make a recommendation next month
as to how much time he should be spending on this.
Atty Perkins reported that prior to he and Cl Makar being able to meet with NYSEG
about the easements they had requested over town property (three at $300 each), NYSEG
notified them they would obtaining an appraisal. Subject to board approval, Atty Perkins has
negotiated $4500 for an easement over the road to the Donald H Crispell Dam ($1500 each for
the Town, Village of Dryden, and Tompkins County). NYSEG was willing to compute the other
easements at the rate of $2500 an acre, however that comes out to less than the $300 offered
initially. He recommends the Town accept $4500 for a 2Y, year lease over the existing dam
road and the fair consideration of $300 for each of the other easements. Proposed resolutions
were distributed to the board.
RESOLUTION # 143 - AUTHORIZING GRANT OF EASEMENT TO
NEW YORK STATE ELECTRIC & GAS CORPORATION
Cl Makar offered the following resolution and asked for its adoption:
RESOLVED,
(1) That the Supervisor is authorized and directed to execute an easement to New
York State Electric & Gas Corporation in the form annexed hereto covering property jointly
owned by the Town, the Village of Dryden and Tompkins County more particularly described in
a deed recorded in liber 692 of Deeds at page 70 in the Tompkins County Clerk's Office and
being over part of the access road to the Donald H. Crispell Flood Control Project (Town of
Dryden Tax Parcel No. 48. -1 -73.1 - portion).
(2) That it is hereby determined that fair and adequate consideration for the grant
of such easement is the agreement on behalf of New York State Electric & Gas Corporation pay
the Town the sum of $100.00, with like payments to the Village of Dryden and Tompkins
County.
(3) This resolution is adopted subject to a permissive referendum as provided in
Article 7 of the Town Law.
(4) The Town Clerk is hereby authorized and directed to publish and post a notice
of adoption of this resolution as required by Article 7 of said law.
2nd Cl Leifer
Roll Call Vote
Cl Solomon Yes
Supv Sumner Yes
Cl Makar Yes
Cl Leifer Yes
Page 14 of 19
TB 8 -14 -08
RESOLUTION # 144 - AUTHORIZING GRANT OF EASEMENT TO
NEW YORK STATE ELECTRIC & GAS CORPORATION
Cl Makar offered the following resolution and asked for its adoption:
RESOLVED,
(5) That the Supervisor is authorized and directed to execute a temporary roadway
easement to New York State Electric & Gas Corporation in the form annexed hereto covering
property jointly owned by the Town, the Village of Dryden and Tompkins County more
particularly described in a deed recorded in liber 692 of Deeds at page 70 in the Tompkins
County Clerk's Office and being over part of the access road to the Donald H. Crispell Flood
Control Project (Town of Dryden Tax Parcel No. 48. -1 -73.1 - portion).
(6) That it is hereby determined that fair and adequate consideration for the grant
of such easement is the agreement on behalf of New York State Electric & Gas Corporation pay
the Town the sum of $1,500.00, with like payments to the Village of Dryden and Tompkins
County.
(7) This resolution is adopted subject to a permissive referendum as provided in
Article 7 of the Town Law.
(8) The Town Clerk is hereby authorized and directed to publish and post a notice
of adoption of this resolution as required by Article 7 of said law.
2«d Cl Leifer
Roll Call Vote C1 Solomon Yes
Supv Sumner Yes
Cl Makar Yes
Cl Leifer Yes
RESOLUTION #145 - AUTHORIZING GRANT OF EASEMENT TO
NEW YORK STATE ELECTRIC & GAS CORPORATION
Cl Makar offered the following resolution and asked for its adoption:
RESOLVED,
(9) That the Supervisor is authorized and directed to execute an easement to New
York State Electric & Gas Corporation in the form annexed hereto covering property owned by
the Town more particularly described in a deed dated April 12, 1982 and recorded April 15,
1982 in liber 588 of Deeds at page 503 in the Tompkins County Clerk's Office and being over
the former Lehigh Valley Railroad property owned by the Town and being utilized as the Jim
Schug Trail.
(10) That it is hereby determined that fair and adequate consideration for the grant
of such easement is the agreement on behalf of New York State Electric & Gas Corporation pay
• the Town the sum of $300.00.
(11) This resolution is adopted subject to a permissive referendum as provided in
Article 7 of the Town Law.
Page 15 of 19
TB 8 -14 -08
(12) The Town Clerk is hereby authorized and directed to publish and post a notice
of adoption of this resolution as required by Article 7 of said law.
2nd Cl Leifer
Roll Call Vote Cl Solomon Yes
Supv Sumner Yes
Cl Makar Yes
Cl Leifer Yes
Supv Sumner said a month or so ago someone tripped in a ditch adjacent to the Wall
Street ball field and was injured. It was discovered that the ditch is actually owned by an
adjacent property owner. She asked if the Town is liable if someone is injured in that ditch at a
town ball game. Atty Perkins said the question should be asked of the town's insurance
provider.
Mike Lane suggested the board consider putting the money received from the NYSEG
easements toward developing a second access road to the Donald H Crispell Dam from
McClintock Road. He said this has been discussed several times over the years. Cl Makar
suggested discussing it at a future town board meeting.
Alternatives Federal Credit Union - Individual Development Accounts -- postponed
• Recreation Commission Local Law - Supv Sumner said she and Melissa Bianconi met
with Atty Perkins this week and revised the document as proposed by the Recreation
Commission,
M Bianconi reviewed changes in the membership of the commission as most recently
proposed. Five members with initial terms expiring in 2008, 2009 and 2010. One member of
the commission who will represent the Town's community associations, with a one year
membership term.
Paragraph 7(b) was revised to remove reference to open spaces. Supv Sumner
commented that open space is under the purview of the Conservation Board. The language
about direct involvement in selection of permanent full -time recreation staff was also deleted.
Supv Sumner said that is either an administrative responsibility or Town Board responsibility.
Don Scutt of the Recreation Commission said he would like to see that remain.
There was some discussion about the membership structure and number of members.
The commission wanted a total of 11 members and the version presented tonight proposes 9
members.
Dan Schmohe said that because open space and trails are recreational resources, they
should come under the purview and oversight of the Recreation Commission. Supv Sumner
said that to the extent any open space is a recreation facility that would be included. D
Schmohe would like that clarified. He also said the Recreation Commission should be
consulted when it comes time to acquire lands. The number of members is not a big concern
to him. The Commission has a lot to contribute in the development, approval, and recruiting of
recreational staff.
D Kwasnowski said the Conservation Board will be updating the Open Space Inventory
and developing a plan for preservation of open space. It would be advantageous to include
members of the Rec Commission in the process, but open space does fall under the purview of
Page 16 of 19
TB 8 -14 -08
the Conservation Board. Formation of a special committee to review this would be up to the
Town Board, D Schmohe would like language in the law that gives the Commission input with
respect to open space in regard to recreation.
D Scutt said again that the Commission feels strongly about being involved in the hiring
of staff in the Recreation Department. Supv Sumner said the Commission may be asked by the
board to be involved, but she doesn't think that they should be required by law to do that.
D Scutt and D Schmohe said they will take this version back to the Recreation
Commission membership for comment.
NEW BUSINESS
Dryden Renewable Energy Workgroup - Cl Makar presented the board with a report
from the Dryden Renewable Energy Workgroup. The group's goals are to make Dryden a leader
in renewable energy and promote renewable energy development and implementation in the
Town of Dryden. They would like support from the Town, and the report lists specific tasks
they are requesting of the town including, among other things, directing the Conservation
Board and Planning Board to take up renewable energy initiatives. He will provide the report to
the Planning and Conservation Boards for their consideration.
Supv Sumner reported the Intergenerational Summer Band Concert was
enthusiastically received. The Town sponsors a $600 grant from the Community Arts
Partnership to support this program. Individuals from the age of 11 to 81 participate in the
band.
Dryden Ambulance's EMS team competed in a recent regional competition and won an
all- expense paid trip to Poland to compete in the International competition.
Supv Sumner distributed
copies of NYMIR's Annual Report
to board
members.
She also
noted that she keeps a file in her
office of correspondence that the
board is
welcome to
review.
COMMITTEE REPORTS
Emergency Services Committee - A meeting of the boards of directors from various
fire companies has been scheduled for September 8 at the Town Hall at 7:00 p.m. They will be
discussing the budget process.
Personnel Committee - A proposed internet use policy has been distributed to the
board members. Cl Leifer stated the telephone policy was not adopted as part of the personnel
manual. Supv Sumner said she thinks the concepts in the internet use policy are fine, but it is
very redundant and the system administrator needs to be defined. Those policies can be
adopted at next month's board meeting.
Finance Committee - Supv Sumner presented a report of the internal audit conducted
by the committee on July 30, 2008. The board reviewed the recommendations by the
committee and passed the following resolution.
RESOLUTION # 146 - REPORT OF AUDIT
Cl Makar offered the following resolution and asked for its adoption:
WHEREAS, the Town Board is responsible for the general management and control of
town finances, and
Page 17 of 19
TB $ -14m
WHEREAS, we have examined the records of the Supervisor's bookkeeper, the Town
Clerk and the Justice Court Clerk.,
NOW, THEREFORE, BE 11' RUSOLVED, that this Town Board #'ands the current records
and reports to be satisfactory,
2nd Cl Leifer
Roll Call Vote Cl sojoynoig Yes
upv Sumner Yes
CI Makar Yes
Cl 1xi_fer Yes
Qpv Sumner said she would be providing the board with information about an RFP for
an administrator for the H.O ME grant the Town will be receiving,
Technology Comtrtittee � The Committee met with The C'.amputing Center about an
exchange server, and what the current problems are and what solutions are possible_ They will
meet again August 27. 0 Kwasnowski asked them to consider a static IP address,
Recreation/ Youth/ Commurkity Centers Corumfttee - The Committee has met with
each of the community centers, with the exception of Bethel Grove,
Ad too SPCA - 8 Hollenbeck said she has heard them will be more than one response
to the County's Rla L', the has checked with other municipalities of like size in the Mate and
Dryden's expense for dog control is higher than most. In at least. one County in the State,
towns tlrrn over their dog fees (except for a small percentage) to the County and the County
Sheriff provides dog control_
The board has received and reviewed budget modification requests from the
bookkeeper.
RESOLUTION P 147 - BUDGET MODIFICATIONS
CI Makar offend the following resolution and asked for its adoption,
RESOLVED, that the Tu n3 Board does hereby authorize the budget modifications and
the appropriate of Insurance Money (DA2680) recovered for damage to a plow truck and
appropriation, of surplus fund balance to cover Capital Find expenses, as follows;
A7180.4 FreevillelDryden Tail A7110.2 DRYDEN LAKE PARK 542.04
Grill was purchased, but not
budgeted for_
Rec Program
+A7330.A Contractual A7330.410 WALL ST BALL FIELD 2464-84
Budget Overrun
A1990A Contingency Al 950.4 TAXES ON PROPERTY 543.76
Taxes Paid on a Newly
acquired property,
Parke -Dabes Properly
B1990A Contingency 63610.103 PERSONAL SERVICES 300.00
Salary increase for J_ Foster
Page 18 of 19
81990.4 Contingency 88010.103 PERSONAL SERVICES
Salary increase for J. Foster
SW5- 8310.4 Contractual SW5- 8310.1 PERSONAL SERVICES
Cost Overrun
APPROPRIATE MONEY FROM INSURANCE CLAIM
DA2680 Insurance Recoveries DA5130A MACHINERY CONTRACTUAL
APPROPRIATE FUND BALANCE FOR CAPITAL PROJECT
Appropriated Fund
A599 Balance H1620.2 CAPITAL PROJECT FUND
To cover additional expenses
(couple of final payments to
contractors, $2500 Tuttle
House expense, and Audio
System in Courtroom)
2nd Cl Makar
Roll Call Vote Cl Solomon Yes
Supv Sumner Yes
Cl Makar Yes
C1 Leifer Yes
y i ey`j
Cl Makar offered the following resolution and asked for its adoption:
TB 8 -14 -08
011111(
30.19
26,307.80
40, 844.64
RESOLVED, that this Town Board hereby approves Abstract #8, as audited, vouchers
#665 through #766, totaling $326,974.48.
2nd Supv Sumner
Roll Call Vote Cl Solomon Yes
Supv Sumner Yes
Cl Makar Yes
Cl Leifer Yes
On motion made, seconded and unanimously carried, the board moved into executive
session at 11:11 p.m. to discuss the possible acquisition of an interest in real property. No
action was taken and the meeting was adjourned at 11:35 p.m.
Respectfully submitted,
Sambi L. Hollenbeck
Town Clerk
Page 19 of 19
DRYDEN TOWN BOARD MEETING
• Held At W.B. Strong Fire Company ~ Freeville Fire Department
21 Union Street, Freeville, New York 13068
Thursday, August 14, 2008 � 7:00 PM
l) Call Meeting to Order
2) Pledge of Allegiance
3) Roll Call
4) Public hearings
a) 7:00 – Telecommunications Law
b) 7:10 – Cortland Road Sewer District Rate Change
c) 7:20 – Green Cafe Special Use Permit Public Plearing;
5) Citizen's Privilege
6) Town Clerk
a) Approve Meeting Minutes for July 10, and August 5, 2008 B. Hollenbeck
7) Town Highway Superintendent/Departrnent of Public Works J. Bush
a) Resolution to sell surplus office equipment at the Lansing Surplus Auction
b) Resolution to sell 1972 Dynapac roller at the Lansing Surplus Auction
c) Budget Modification to reimburse equipment repair budget line
8) Recreation Department M. Bianconi
a) Monthly Program Report
9) County Briefing County Rep
10) Zoning Officer H. Slater
a) Present Revised Standard Conditions of Approval
• b) Discussion: TC3 Special Use Permit, assuming 'Telecommunications amendment passes
c) Consider appointment of Natan I-luffinan to vacant ZBA seat
d) TC3 'trail
11) Environmental Planner D. Kwasnowski
a) Adoption of Guidelines and amendments to the zoning; ordinance
*b) Status update of the L.ew -Lin Farms Farmland Protection Implementation Project
12) Engineering A. Sciarabba
a) Update on the pond vegetation
13) Attorney M. Perkins
14) Unfinished Business
a) AFCU – Individual Development Accounts Discussion D. Makar
b) Dryden Recreation Commission Law
15) New Business
a) Resolution to approve David Sprout to permanent status
b) Dryden Renewable Energy Workgroup request for support D. Makar
16) Committee Reports (3 minutes or less each, please)
a) Emergency Services Committee
b) Personnel Committee — Personnel Policy — Employee Phone Use Policy
c) Finance Committee— Internal Audit Report
d) HUD Loans & Grants Committee —Horne Grant
c) Technology Committee
f) Rccreation/Youth/Conmunity Centers Committee
g) Ad hoc SPCA Committee
17) Approve Abstract #8
a) Budget Modification
09) Future Agenda Items
Executive Session
* Presentation may be moved to follow Citizen's Privilege
8 -14 -08
SPEAKER SIGN IN SHEET
If you wish to address the Board under citizens privilege of the floor please sign
in below. Speakers will be limited to a maximum of three minutes. Please provide the
Clerk with a written summary of your statement.
Naive Address
C\ _ �
L�A.r� N a-
Name -
(Please Print)
LAI
r
14) n cl Urvden
Town Board Meeting
August 14, 2005
Address or Board
V/