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HomeMy WebLinkAbout2009-01-14TB 1 -14 -09 TOWN OF DRYDEN TOWN BOARD MEETING � January 14, 2009 Present: Supervisor Mary Ann Sumner, C1 Stephen Stelick, Jr., Cl Joseph o Solomon, Cl David Makar, Cl Jason Leifer Elected Officials: Bambi L. Hollenbeck, "town Clerk Jack Bush, Highway Superintendent. Other Town Staff: Mahlon R. Perkins, Town Attorney Melissa Bianconi, Recreation Director Dan Kwasnowski, Environmental Planner Henry Slater, Zoning Officer Andrew Sciarabba, TG Miller Engineers Supv Sumner opened the meeting at 7:00 p.m. and board members and guests participated in the pledge of allegiance. CITIZENS PRIVILEGE Richard and Gena Leonard showed the board the type of monthly report they will submit each month detailing their work as Dog Control Officers. They have one dog in the kennel that was abandoned and will be ready for adoption soon. The SPCA continues to rr;fer people to them for cat matters, though they do not handle cats. The I,conards plan to hold an open house when warmer weather arrives. Don Scutt asked the board to adopt a process for filling a vacancy on the 'Town Board. Supv Sumner explained the board may appoint. a person to fill the seat until the next general election. He would like the'Town to adopt a procedure or law that would honor the will of the people, such as appointing the person who gathered the next: most votes. Or he suggested the Town could hold a special election. This would insure the appointment is made according to the residents' wishes. He said this would be a good housekeeping issue that should be addressed. Heather Filiberto of Tompkins County Area development gave a brief overview of TCAD, the Empire Zone Program, and some of the things they are currently working on. TCAD is dedicated to building a thriving and sustainable economy that improves the quality of life in Tompkins County by fostering growth of business and employment. Most of their work is with existing businesses in the county. They provide direct. services to businesses, including information and technical, financial and site location assistance. They coordinate economic development activities with related organizations and maintain up-to-date economic. information. They have discovered there are three main things that impact economic development in Tompkins County: Supporting community centers (making sure there is a vibrant c,or'nmunity); making sure there are adequate jobs and job training; and adequate housing. They have brought in partners t(;) help work on those issues. TCAD manages the County's Industrial Development Agency and closed on six projects last year totaling about. 95 million dollars. They manage the Empire Lone Program, and have worked with the Town of Dryden to create a revolving loan fund. They operate- a similar program with Tompkins Country. Page I of 23 TB 1 -14 -09 H Filiberto said that. while the economy is not doing so well, she has met with several businesses in recent months and a lot of them are doing very well. Some of them are slowing their growth a bit, waiting to see what happens in the next quarter or two. Last year TCAD completed a Tompkins County Labor Market Region Study and this year will develop a work force strategy based on that study. TCAD received a New York Shared Municipal Services Initiative Grant to conduct a county -wide intermunicipal water and sewer study. With respect to the Dryden loan fund, release was done in November and they have know about the loan fiend. They will now set accountants, and other people who may be a' 1-1 Filiberto said they are ready to go. A press let their members and key businesses in Dryden up some meetings with regional banks, ale to point businesses their way. Tompkins County was one of thc, last counties in New York State to receive a zone. It is technically six sub -zone areas throughout the County. There are two sub -zones in the Town of Dryden. One is at the intersection of Route 13 and Route 366. That zone is at a good traffic corner and is closer to Route 81 than many others in the County. The NYSEG office buildings are mostly vacant and can be viewed as an asset to attract businesses or multi- tenants to the building. I&I Filiberto has had a couple of meetings with NYSEG's real estate department. The Empire Zone incentives will help to get tenants in the building. VanGaard Printing was one of the first: businesses to be certified in 2006 to participate in the Empire Zone, The Empire Zone is a state tax incentive program providing mostly state income tax benefits to businesses that: are creating jobs and /or making capital investments in their businesses. In 2007 VanGaard created 15 jobs. In 2006 they retained over 130 jobs from the old Wilcox Press. In 2007 they made 3.1 million dollars in capital investments in buildings and equipment. For that investment, they received about $300,000 in state tax incentives, mostly tax credit, to be used toward their tax liability. If they weren't creaating jobs or making capital investments, their benefits would be reduced substantially. Overall, TCAD believes the Empire Zone program is a big benefit to Tompkins Country. TCAD does an annual report that is initiated by the Slate each year. In 2007 they had 32 additional businesses certified, making of total of 34. Those 34 businesses employ 2000 people; and project creation of 700 jobs over the next five years. I.1 Filiberto said the program has definitely added value for the County and overall has been very successful. it shows that businesses are willing to invest in the community. In her opinion, the zone in the Town of Dryden has everything it needs as far as infrastructure. With respect to the zone in the northern part of the Village of Dryden, H Filiberto said it: does not: have any infrastructure and there aren't really any businesses out there. She has spoken to someone who is interested in possibly developing a manufacturing business in that area. She said the Village needs a little more planning and a vision for that area. They need some roads and are discussing about how to zone the property. It was noted there are a few parcels outside the Village line that are in the Empire Zone. There was discussion about the NYSEG building and what could be done to get some tenants in the building. TOWN CLERK B Hollenbeck asked the board to approve the minutes of December 10, 2008. Page 2 of 23 TB 1 -14 -0y 0 RESOLUTION #29 - APPROVE MINUTES Supv Sumner offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the Town Board meeting minutes of December 20, 2008. 2nd Cl Stelick Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes Cl Makar Yes Cl Leifer Yes The Town Clerk's monthly report and annual report have been provided to the board. HIGHWAY DEPARTMENT/ DPW Highway Superintendent Jack Bush said he has received the results of the NYSERDA Energy Audits that were performed on the Highway garage and office buildings and will share those with board members electronically. He said it was worth the $100 per audit that was paid. They have already removed 32 fluorescent light tubes and there is no difference in the lighting. They are lengthy reports and many of the suggestions will be easily accomplished and are not very costly. With respect to the problems with the heat in the Town Hall, J Bush said Pasco has not been able to connect to the computer and monitor the system. The phone company, The Is Computing Center and Dave Horton have all looked at that, and they think they have solved the problem. Hopefully it will all be resolved in a short period of time. it was noted that the Town's contract was with Frey & Campbell for HVAC, and they subcontracted with Pasco. Henry Slater said that Frey & Campbell have not been paid in full because of the trouble with the system. He questioned whether the design was adequate. Cl Stelick noted that Egner said originally that he had had problems in the past «qth John Hewitt, but went ahead with hire. He asked Atty Perkins whether the Town could come up with a date by which the matter will be resolved. Atty Perkins said that is certainly possible. He will review the contracts, and Supv Sumner said the board will discuss it again in February. J Bush said he will try to get an idea next: week of just how long Pasco expects it: will take to resolve Lhe matter. With respect to required inspections for the life safety, system at the Town Hall, J Bush recommended that the [DPW perform parts of the inspection and contract with Simplex for the alarm system and Ryan for the sprinkler system. RESOLUTION #30 - CONTRACTS FOR LIFE SAFETY INSPECTIONS Sc.►pv Sumner offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes a contract with Simplex Grinnell for alarm system inspections and a contract with Ryan for sprinkler system inspections, and the Town Supervisor is hereby authorized to sign those contracts. 2nd Cl Stelick 0 Roll Call Vote Cl Stelick Yes Cl Solomon Yes Page 3 of 23 TB 1 -14 -09 Supv Sumner Yes Is Cl Ma.kar Yes Cl Leifer Yes J Bush said there seems to be some misunderstanding in the budget and that people don't understand the difference between Dryden Lake Park, Jim Schug Trail, the Freeville- Dryden Trail, the proposed Varna trail, the proposed TC3 trail. He tried to split that up in the budget to make it simpler. He needs to track this information for payroll and job - costing. The trails and the park should not be lumped together. Apparently the budget account numbers have been changed and that makes it too difficult for his secretary to keep track of it. He would like it put back the way he requested it. They are doing the work and it should be done the way it is easiest for them. Supv Sumner said they need to talk with the bookkeeper about it and will do that tomorrow. J Bush announced that he has re- appointed Randy Riker as Deputy Highway Superintendent for 2009. Budget modifications have been submitted for board approval and J Bush said he felt that most of his were the result: of increased fuel prices. J Bush asked the board to approve and sign the Agreement for Use of Town Owned Highway Equipment. This would allow the Highway Superintendent to permit the used of town -owned machinery and equipment by other municipalities. RESOLUTION #31 - APPROVE AGREEMENT FOR USE OF TOWN -OWNED HIGHWAY EQUIPMENT Supv Sumner offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the Agreement: for Use of Town - Owned Highway Equipment for 2009. 2 °a Cl Makar Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes Cl Makar Yes Cl Leifer Yes J Bush asked the board to pass a resolution for purchase and sale of equipment previously provided to them. RESOLUTION #32 - AUTHORIZE PURCHASE AND SALE OF HIGHWAY EQUIPMENT Cl Stelick offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the Highway Superintendent to: Advertise for bid or purchase off the stale. contract one 2009 new and unused tandem axle tractor /truck with snowplow equipment and a tri-axle live bottom trailer for the Highway Department not to exceed $259,000; and Page 4 of 23 TB 1 -14 -09 Sell one used ''200]. Volvo tandem axle tractor /truck vin #4V5JC8UFXl N309570 (purchased in 2000) at a surplus auction or by advertisement to bid or to a public entity. 211d Cl Makar Roll Call Vote Cl St:click Yes Cl Solomon Yes Supv Sumner Yes Cl Makar Yes Cl Leifer Yes J Bush shared a report from Tompkins County Highway with the board, specifically matters relating to Ellis Hollow Creek Road, Malloryville Road Bridge, and Red Mill Road Bridge. The County will also be working on the Freese Road bridge this winter. Supv Sumner noted that she thinks it is important to repair the Red Mill Bridge and if it. is not repaired, there will be continued trouble with the Malloryvil.le Road Bridge. D Kwasnowski said he understands that the Red Mill Road Bridge project will be on the list of shovel -ready projects for the federal stimulus package. RECREATION DEPARTMENT Melissa Bianconi reported the Departmc;nt was awarded a $1500 grant from USA Football and the National Recreation and Parks Association. I1: was a competitive grant process, and the award will go a long way toward some much need equipment for the program. There are 4.5 participants in the in -house basketball program at TC3. Holding it at TC3 helps to differentiate it from a school district program. • Twelve families (40 to 50 people) participated in the first Family Fun Night last Friday. Ticket sales for the Father - Daughter Dance to be held at the Varna Community Center on February 7 are going well. M Bianconi reported that the Middle School and High School facilities will not be available for use over the summer (from graduation in June 2009 to the following school year). The Intergenerational Band and Chorus are looking for a location to meet and she is working with them. Groton School is not available as an option. for an The high school fields will not be available this summer. Those adult softball league and M Bianconi has made the decision not fields were always used to facilitate an adult softball program for the summer. There has been a lot of conversation about getting other fields ready. would ready, and she said in her opinion, there is C1 Leifer said the Ellis Hollow Community need to be mowed and lined. not time (or funding) to get: any other fic;lds Center has a large field and backstop. It M Bianconi said the decision was made from a managerial point of view. There are basically three fields that. could be used ( Ellis Hollow, Varna and Etna). With the complaints they received about the condition of the high school fields, she does not believe those fields could be ready to play on. Her department does riot have the capacity to work on and maintain those fields for this one program. She does hope to be able to offer adult softball in the future, but will be taking a season off. Hopefully, the participants in the league (largely from outside the Town of Dryden) will take some ownership of the program. M Bianconi provided the board with guidelines and projected expenses of building a field. Supv Sumner said she respects the ® decision of the Recreation Director that there is not enough time to supervise the improvements of those three fields to the point that they can be used for this league. Page 5 of 23 Don Scutt said this decision could hurt the Department when it comes time to expand future recreation programs and it is looking for support.. The Recreation Commission had supported M Bianconi in revamping the program because of a few "bad eggs" but the vast majority of the participants are good citizens. M Bianconi said this is not about the people who play in the program. They decided not to continue with the Duke Erickson program, but will intend to continue with an adult softball program regardless. The Board and the DRC have been aware of that for several months. The issue now is the feasibility of being able to maintain any type of league with the widespread and very poorly maintained facilities that are available right: now. D Scutt said the Town should reach out to the team managers and coaches to help facilitate support for the program, not just drop out. He would like to convene a special DRC meeting to meet with members of the softball league. He said if the Department can find a way to schedule other fields, it; should offer to do that, and if players choose not to drive to those locations, that; is their decision. But the Department should not just drop out all together. It will need support from these people down the road, and we should not ruffle their feathers. He added that he believed fields could be built somewhere in a three month period of time. Supv Sumner said she supports M Bianconi :s decision, but that doesn't prevent the players from finding somewhere to play. M Bianconi said she had encouraged them to do for themselves for some time now. D Scutt said he maintains it is a bad decision. M Bianconi said the minutes of the DRC indicate full support in all decisions regarding the softball program. She is not making an unpopular decision because it is something she doesn't want to deal with. Cl Stelick said he also respects M Bianconi's decision that. she wants to run a to A � p notch program, and that three months is not time enough to twild good fields. Getting away from the Duke Erickson program was a good decision. There had been problems of drinking and smoking on school property. This is an opportunity that will allow us to set up a program that is done right. D Scutt said he supports the decision, but does not admire the lack of trying to find a suitable resolution. Supv Sumner said she would like to know how many people would have continued in a league that is not Duke Erickson. M Bianconi said she plans to have adult softball in 2010. Thoma Development has asked for comments on the draft. Recreation Master Plan by no later than January 30. M Bianconi asked board members to please provide comment. COUNTY BRIEFING M Robertson said the County Legislature is trying to sort out what the State budget impacts will be on the County and will be meeting with several state and federal officials. County Administrator Joe Mareane has written to Barbara Lifton about the retroactive elimination (to October 2008) of Community Optional Preventive Services funding. These programs that have continued to operate since 2008 will be looking at huge holes in funding. Several programs in Tompkins County will be affected. ZONING OFFICER 'LO Slater said he and Attv Perkins are working on a document to update the training requirements for the Planning Board and Zoning Board of Appeals. Page 6 of 23 T13 1 -14=19 Verizon is ready to move forward with its application for a cell tower at 1536 I•lanshaw Road (property of Charles and Natalie Uhl) and the public hearing will be held on February 11, Jeff Kirby, the Town's telecommunications consultant has finished his review of the project. He has a few questions for the Town Attorney and six recommendations for the board. It should be a fairly straight forward process. Last August the board granted 'rC3 permission for a temporary cell tower on wheels (cow). That permission expires February 18, ZO Slater has sent them a letter reminding them that they need to move forward with an application for a permanent tower. He has since had a meeting with the AT&T representatives, .Jeff Kirby, and Dan Kwasnowski. They will be at the Town Board meeting on February 11 to request an extension of the existing facility. K Ezell is riot present and they will not be talking about the operating permits. J Leifer said he has been working on a resolution, and will be asking the fire departments for comment. ZO Slater said neither he nor Jeff Kirby have been contacted by Clarity Connect with respect to the town -wide broadband project. He said some initial planning should be starting. Weatherization grants - ZO Slater said he has completed a process for what happens after a person has been notified that their application is qualified. ENVIRONMENTAL PLANNER D Kwasnowski said the Planning Board is meeting tomorrow zoning ordinance. They have also scheduled a special work session seem to be going well and on schedule. This year he had budgeted of that project and there is money left over from last year ($12,000). be needed this year and he would like to encumber those funds. night to work on the for February 4. Things (;40,000 for the last phase He said those funds will RESOLUTION #33 - ENCUMBER FUNDS Supv Sumner offered the following resolution and asked for its adoption: RESOLVED, that this Town Board does hereby encumber the sum of $12,000.00 from fund 88020.403 (zoning rewrite phase II) for 2008 to be used in 2009. 2nd Cl Makar Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes Cl Makar Yes Cl Leifer Yes Supv Sumner encouraged board members to make themselves familiar with the process for the zoning rewHtc. D Kwasnowski said Atty Perkins has prepared amendments to incorporate the design guidelines into the current. Zoning Ordinance and Subdivision Ordinance. The Planning Board is happy with those, but did suggest two changes, one of which would add an additional step. The Planning Board would like to offer an advisory opinion to the Town Board. After discussion, the board agreed to the leave the amendments as presented. RESOLUTION #34 - INTRODUCE AMENDMENTS TO LAND SUBDMSION RULES AND REGULATIONS Page 7 of 23 TB 1 -14 -09 Cl Makar offered the following resolution and asked for its adoption: RESOLVED, that this'rowm Board hereby introduces the following amendment to Town of Dryden Land Subdivision Rules and Regulations, and sets the public hearing for I,ebruary 11, 2009, at 7:15 p.m. 1`he text of the proposed amendments tbllows: Section III (Definitions) is hereby amended by adding new definitions of "Commercial Development Design Guidelines" and "Residential Design Guidelines" to read respectively as follows: "Commercial Development Design Guidelines — the Town of Dryden Commercial Development Design Guidelines dated December J. 2008, and all subsequent revisions. 'these guidelines are found in Appendix C of the Town of Dryden Zoning Ordinance." "Residential Design Guidelines — the Town of Dryden Residential Design Guidelines dated December 3, 2008, and all subsequent revisions. These guidelines are found in Appendix 13 of the 'town of Dryden Zoning Ordinance." 2. Section IV (Procedure in Filing Subdivision Applications) is hereby amended by re- numbering subsection I (Sketch Plan) to be subsection I -A Sketch Plan, and by adding a new subsection 1 to precede subsection I -A to read as follows: "I. Pre - Application Meeting A. The subdivider shall, prior to subdivision of land, shall meet with the Lnvironmental Planner and Zoning Officer to discuss subdivision of the property and adherence and conformity to the maximum extent practicable with the Town of Dryden Residential and Commercial Development Design Guidelines. B. Documentation of the Pre- Application Meeting shall be required in order to submit a Sketch Plan for consideration. C. In the event the subdivider intends to request a waiver or modification by the Town Board of lot requirements pursuant to Section 500 (7) of the Zoning Ordinance, the subdivider shall so indicate in writing as part of the documentation of the Pre - Application Meeting." 3. Paragraph B (Discussion of Requirements) of subsection I -A (Sketch Plan) of Section IV (Procedure in Filing Subdivision Applications) is hereby amended it Its entirety to read as follows: "B. Discussion of Requirements 'rhe subdivider, or his duly authorized representative, shall attend the meeting of the Planning Board to discuss the requirements of these regulations for street improvements, drainage, sewage, water supply, fire protection, and similar aspects, as well as the availability of existing services and other pertinent information, including adherence to the town's Residential and Commercial Development Design Guidelines. if the subdivider intends to request a waiver or modification by the Town Board clothe lot requirements pursuant to Section 500(7) of the Zoning Ordinance, then the Sketch Plan shall specify which waivers or modifications are requested." 4. Section IV (Procedure in Wiling Subdivision Applications) is hereby amended by adding a new paragraph G to subsection 3 (Plat for Subdivisions) to read as follows: "G. a. Action on Proposed Subdivision Plat. If the subdivider has requested a waiver or modification of the lot requirements pursuant to Section 500(7) of the Zoning Ordinance, the Planning Board shall within 15 days following the public hearing Page 8 of 23 TB 1 -14 -09 on (lie preliminary plat forward to the Town Board a copy of the preliminary plat, its written recommendations and a summary of the comments received at the public hearing. b. An applicant requesting a waiver or modification of the lot requirements must demonstrate by clear and convincing evidence that, to the maximum extent practicable, the proposed subdivision complies with the Residential and/or Commercial Development Guidelines, as the ease may be. In reaching a determination whether the applicant has, to the maximum extent practicable, complied with the applicable Design Guidelines, the Planning Board shall consider: (a) the recommendations of Environmental Planner and Zoning Officer; (b) the scope of the proposed development, including number of new lots; (c) minimization of new public infrastructure; (d) maximization of permanently preserved open space; and (e) utilization of techniques designed to enhance public safety, environmental quality, property values, economic opportunity, town character as expressed in the Town's Comprehensive Plan and the overall quality of life for all town residents. c. The '['own Board shall consider the subdivider's request to waive or modify lot requirements and shall forward its detennination (resolution) of approval, disapproval or approval with modifications to the Planning Board which shall then by bound by such determination, with respect to the request to waive or modify the lot requirements only. If approving, or approving with modifications, the preliminary plat the Planning Board shall incorporate such determination in its decision on the preliminary plat and if the preliminary plat is approved by the Planning Board, or approved with modifications, then upon compliance with such lot requirements by the subdivider, the, Town Board shall be deemed to have approved the waiver or modification of the lot requirements. The determination of the Town Board on the application of the subdivider to waive or modify lot requirements shall not be deemed to be an approval of the preliminary plat or the final plat, only the specific lot requirements for which a waiver or modification was requested. 5. Paragraph A of Subsection I (Policy) of Section V (General Requirements and Design Standards for Improvements) is hereby amended in its entirety to read as follows: "1. POLICY A. General. The subdivision plat shall confirm, to the maximum extent practicable, to the recommendations in the Town of Dryden Residential and Commercial Development Desire Guidelines which are intended to encourage efficient and beneficial development patterns within the Town. Where either or both an Official Map or a Comprehensive Plan have been adopted, die subdivision shall conform to the proposals and conditions shown thereon." 6. Paragraph A of Subsection 1. (Sketch Plan) of Section VI (Documents to be submitted) is hereby amended by adding thereto a new subparagraph (9) to read as follows: "(9) Documentation of the Pre- Application Meeting between the subdivider, Zoning Officer and Environmental Planner, including any unresolved issues which might prevent Page 9 of 23 • `rB 1 -14 -09 compliance with the requirements of Sections IV and V, and the Town of Dryden Residential and Commercial Developrt►ent Design t,uidelines." 2rl Cl Stelick Roll Call Vote Cl Stc,lick Yes Cl Solomon Yes Supv Sumner Yes Cl Makar Yes Cl Leifer Yes RESOLUTION #35 — INTRODUCE AMENDMENTS TO TOWN OF DRYDEN ZONING ORDINANCE Cl Makar offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby introduces the following amendments to the Town of Dryden Zoning Ordinance, and sets the public hearing for February 11, 2009, at 7:30 p. m. The text of the proposed amendments follows: 7. Appendix A (Definitions) is hereby amended by adding definitions of "Commercial Development Design Guidelines and "Residential Design Guidelines" to read respectively as follows: "Commercial Development Design Guidelines — the Town of Dryden Commercial Development Design Guidelines dated December 3, 2008, and all subsequent revisions. These guidelines are found in Appendix C, hereby made a part of this Ordinance." "Residential Design Guidelines — the Town o1" Dryden Residential Design Guidelines dated December 3, 2008, and all subsequent revisions. These guidelines are found in Appendix B, hereby made a part of this Ordinance." 8. Section 500 of Article V: General Provisions is hereby amended by adding a new subsection (7) to read as follows: "7. A. The 'Town Board reserves the right to waive or modify upon a determination as herein provided, the following requirements pertaining to lot dimensions: I. Under Section 702. Density and Area Requirements, subsections (2) - lot area and street frontage; (3) - lot area and street frontage; and (4) gross lot area coverage. 2_ Under Section 703. Yards and Landscaping, subsections (I) — front yard dimensions; and (2) — side and rear yard dimensions. 3. Under Section 753. Density and Area Requirements, subsections (1) — floor area restrictions, lot area and street frontage; (2) — lot area and street frontage; (3) — lot area and street frontage, and (4) — gross lot area coverage. 4. Under Section 754, Yards and Landscaping, subsection (1) — front yard dimensions; and (2) — side and rear yard dimensions. 5. Linder Section 803. Density and Area Requirements, subsection (1) floor area restrictions, lot area and street frontage; (2) — lot area and street frontage; (4) — Page 10 of 231 "I'B 1 -14 -09 lot arca and street frontage; (5) — lot area and street frontage, and (6) — gross lot area coverage. 6. Under Section 804. Yards and Landscaping, subsections (1) — front vard dimensions; and (2) — side and rear yard dimensions. 7. Under Section 904. Density Area Requirements, subsections (1) — floor area restrictions. lot area and street frontage; (2) — lot area and street frontage; (4) — lot area and street frontage; (5) — lot area and street frontage; and (6) — gross lot area coverage. R. Under Section 905. Yards and Landscaping, subsections (1) — front. yard dimensions, and (2) — side and rear lot dimensions." 9. Linder Section 1205. Density and Area Requirements, - gross lot area coverage. 10. Under Section 1206. Yards and Landscaping, subsections (1) — front yard dimensions; (2) — side and rear lot dimensions; and (5) — lot area and street frontage. 11. Under Section 2202 Area and Density Requirements, - district acreage requirements. B. 1. The purpose of the reservation of the right to waive or modify the lbregoing lot requirements is to encourage. development or re- developmcnt, as the case may be, in accordance with the Residential Design Guidelines and Commercial Development Design Guidelines which are found in Appendices B and C to this Ordinance._ 2. An applicant requesting a waiver or modification of the foregoing lot requirements must demonstrate by clear and convincing evidence that, to the maximurn extent practicable, the proposed development complies with the Residential and /or Commercial Development Guidelines. 3. In reaching a determination whether the applicant has, to the maximum extent practicable, complied with the applicable. Design Guidelines, the Town Board shall consider: (a) the recommendations of Environmental Planner, Zoning Officer and in the case of a subdivision, the recommendation of the Planning Board; (b) the scope of the proposed development, including number of new lots; (c) minimization ofncw public infrastructure; (d) maximization of permanently preserved open space; and (e) utilization of techniques designed to enhance public safety, environmental quality, propert)t values, economic opportunity, town character as expressed in the Town's Comprehensive Plan and the overall quality of life for all town residents. 4. The To modify 10 shall be than 20 wn Board lot require published days prior shall hold a public hearing on any application to waive or Intents under this subsection. Notice of such public hearing in the official town newspaper at least ten (10), but not more to such public hearing. page 1 I of 23 TB 1 -14 -09 5. In reaching a determination about whether to waive or modify any of the foregoing lot requirements, the Town Board shall make detailed Findings of fact and conclusions based on the application, the recommendations of the various reviewers, the public hearing and the standards herein set forth. Such determination by the 'Town Board shall be by resolution and is hereby declared to be a legislative act." 9. Section 2206 of Article XII: Planned Unit Development Districts is hereby amended by renumbering subsection (1) to be subsection (3) and by renumbering subsection (2) to be subsection (4) and by adding thereto new subsections (1) and (2) to read as follows: "(1) Pre - Application Meeting A. The applicant shall, prior to submission of a sketch plan, meet with the Environmental Planner and Zoning Officer to discuss the establishment of the Planned Unit Development District and adherence to the recommendations in the Town of Dryden Residential and Commercial Development Design Guidelines, 13. Documentation of the Pre - Application Meeting shall be required in order to submit a Sketch Plan. (2) Sketch Plan Meeting A sketch plan conference shall be held with the Zoning Officer, Enviro [lien tal Planner and applicant to review the basic district design concept and generally determine the infionnation to be required on the preliminary site plan. The applicant shall adhere to the Town of Dryden Residential and Commercial Development Design Guidelines, to the maximum extent practicable, in determining site design features. At the sketch plan meeting, the applicant shall provide the details required in subsection (3) below in addition to a statement describing the proposal." 10. Section 2302.2 (Sketch Plan Conference) of Article XXIII is hereby amended in its entirety to read as follows: "(1) Pre- Application Meeting A. The applicant shall, prior to submission of a sketch plan, meet with the Environmental Planner and Zoning Officer to discuss the development of the proposed site and adherence to the recommendations in the Town of Dryden Commercial Development Design Guidelines. B. Documentation of the Pre - Application Meeting shall be required in order to submit a Sketch Plan. (2) Sketch Plan Meeting A sketch plan conference shall be held with the Toning Officer, Environmental Planner and applicant to review the basic site design concept and generally determine the information to be required on the preliminary site plan. The applicant shall adhere to the Town of Dryden Commercial Development Design Guidelines, to the maximum extent practicable, in determining site design features. At the sketch plan meeting, the applicant shall provide the details required in subsection (3) below in addition to a statement describing the proposed uses and development. (3) At the sketch plan conference, the applicant shall provide: A. An area map showing the parcel under consideration for site plan review, and all properties, subdivisions, streets, and easements within 200 feet of the boundaries Is thereof. Page 12 of 23 • TB 1 -14 -09 B. A map of site topography t no more than 5 -foot contour intervals. If general site grades exceed 5 percent or portions of the site have a susceptibility to erosion, flooding, or pending, a soils overlay and a topographic map showing contour intervals of not more than 2 feet of elevation should also be provided." I. Section 2302.4 (Review of Site Plan) of Article XXIII is hereby amended by adding thereto a new paragraph 12 to read as 161lows: '12. Adherence to the recommendations set forth in die Town of Dryden Commercial Development Guidelines." 2nd Cl Stelick Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes Cl Makar Yes Cl Leifer Yes Supv Sumner said Mike income limit for senior and disc Town consider doing the same. Sumner asked the board to act Town if the board increases the Hattery had mentioned that the County had increased the bility property tax exemptions, and recommended that the Atty Perkins has prepared the necessary documents and Supv on them. The board considered the financial impact on the income limit. RESOLUTION #36 - INCREASE INCOME LIMITS FOR SENIOR PROPERTY TAX EXEMPTION CI Makar offered the following resolution and asked for its adoption: WHEREAS, Real Property `fax Law §467 permits the 'Town Board to adopt a resolution partially exempting from taxation by the Town certain real property within the Town owned by persons sixty -five (65) years of age or over, and WHEREAS, the Real Property Tax Law provides an option for the Town to set: the income eligibility levels, NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD AS FOLLOWS: 1. Real property owned by one or more persons Basch of whom is 65 years of age or over, or real property owned by a husband and wife, one of whore is 65 years of age or over, shall be exempt by taxation by the Town of Dryden to the extent set forth in the following formula: ANNUAL INCOME Not more than $28,000 percent 45 $28,000 or more but less than $29,000 $29,000 or more but less than $30,000 $30,000 or more but less than $3.1,000 $31,000 or more but less than $31,900 $31,900 or more but less than $32,800 $32,800 or more but less than $33,700 Page 13 of 23 PERCENTAGE ASSESSED VALUATION EXEMPT FROM TAXATION 50 percent 45 percent 40 percent 35 percent 30 percent 25 percent 20 percent. $33,700 or more but less than $34,600 $34,600 or more but less than $35,500 $35,500 or more but less than $36,400 More than $36,400 TB 1 -14 -09 15 percent 10 percent 5 percen t 0 percent 2. tiny exemption provided in this resolution shall be computed after all other partial exemptions allowed by law have been subtracted from the total amount: assessed. 3. The real property tax exemption on real property owned by a husband and wife, one of whom is 65 years of age or over, once granted, shall not be rescinded solely because of the death of the older spouse so long as the surviving spouse is at least 62 years of age. 4. No exemption shall be granted: (a) If the income of the owner or the combined income of the owners of the property for the income tax year immediately preceding the date of making application for exemption exceeds the amounts set forth in the formula in this resolution. Income tax year shall mean the twelve month period for which the owner or owners filed a federal personal income tax return, or if no such return is filed, the calendar year. Where title is vested in either the husband or the wife, their combined income may not exceed such sum. Such income shall include social security and retirement benefits, interest, dividends, total gain from the sale or exchange of a capital asset which may be offset by a loss from the sale or exchange of a capital asset in the same income tax year, net rental income, salary or earnings, and net income from self - employment, but shall not include a return of capital, gifts or inheritances. In computing net rental income and net income from self - employment no depreciation shall be allowed for the exhaustion, wear and tear of real or personal property held for the production of income; (b) Unless the title of the property shall have been vested in the owner or one of the owners of the property for at least twelve (12) consecutive months prior to the date of making application for exemption, provided, however, that in the event of the death of either a husband or wife in whose name title of the property shall have been vested at the time of death and then becomes vested solely in the survivor by virtue of devise by or descent from the deceased husband or wife, the time of ownership of the property by the deceased husband or wife shall be deemed also a time of ownership by the survivor and such ownership shall be deemed continuous for the purposes of computing such period of twelve (12) consecutive months, in the event; of a transfer by either a husband or wife to the other spouse of all or part of the title to the property, the time of ownership of the property by the transferor spouse shall be deemed also a time of ownership by the transferee spouse and such ownership shall be deemed continuous for the purposes of computing such period of twelve (12) consecutive months. Where property of the owner or owners has been acquired to replace property formerly owned by such owner or owners and taken by eminent domain or other involuntary proceedings, except a_ tax stile, the period of ownership of the former property shall be combined with the period of ownership of the property for which application is made for exemption and such periods of ownership shall be deemed to be consecutive for purpose of this section. Where a residence is sold and replaced with another within one (1) year and both residences are within the state, the period of ownership of both properties shall be deemed consecutive for purposes of this resolution. Where the owner or owners transfer title to property which as of the date of transfer was exempt from taxation under the provision of this resolution, the reacquisition of title by such owner or owners within nine (9) months of the date of transfer shall be deemed to satisfy the requirement of this paragraph that the title of the property shall have been vested in the owner or one of the owners for such period of twelve (12) consecutive months. Where, upon or subsequent to the death of an owner or owners, title to property which as of the date of such death was exempt from taxation under such provisions, Page 14 of'23 TB 1 -14 -09 becomes vested, by virtue of devise or descent from the deceased owner or owners, or by transfer by any other means within nine (9) months after such death, solely in a person or persons who, at the time of such death, maintained such property as a primary residence, the requirement of this paragraph that the title of the property shall have been vested in the owner or one of the owners for such period of twelve (12) consecutive months shall be deemed satisfied; (c) Unless the property is used exclusively for residential purposes, provided, however, that in the event any portion of such property is not so used exclusively for residential purposes but is used for other purposes, such portion shall be subject to taxation and the remaining portion only shall be entitled to the exemption provided by this section; (d) Unless the real property is the legal residence of and is occupied in whole or in part by the owner or by all of the owners of the property, provided that an owner who is absent while receiving health - related care as an inpatient of a residential health care facility, as defined in Section 2801 of the Public Health Law, shall be deemed to remain a legal resident and an occupant of the property while so confined and income accruing to that person shall be income only to the extent that it exceeds the amount paid by such owner, spouse, or co -owner for care in the facility; and provided further, that during such confinement such property is not occupied by other than the spouse or co -owner of such owner. 5. The Town shall notify or cruse to be notified, each person owning residential real property in the Town of the provisions of this resolution. This may be met by a notice or legend set on or with each tax bill to such persons reading "You may be eligible for senior citizen tax exemptions. Senior citizens have until (month) (day) (year) to apply for such exemptions. For information please call or write , followed by the name, telephone number and /or address of a person or department selected to explain the provisions of this resolution. Failure to notify, or cause to be notified any person who is, in fact, eligible to receive the exemption provided by this resolution or t:he failure of such person to receive; the same shall not prevent the levy, collection and enforcement of the payment of the taxes on property owned by such person. 6. Application for such exemption must be made by the owner, or all of the o%vners of the property, on forms prescribed by the Office of Real Property Services and shall furnish the information and be executed in the manner required or prescribed in such forms, and shall bus filed in such assessors office on or before the taxable status date. 7. At least sixty (60) days prior to the taxable status date, there shall be mailed to each person who was granted an aged exemption on the latest completed assessment roll an application form and a notice that such application must be filed on or before the taxable status date and be approved in order for the exemption to be granted. Within three (3) days of the completion and filing of the tentative assessment roll, notice by mail shall be given to any applicant who has included with his application at least one self - addressed, pre -paid envelope, of the approval or denial of the application; provided, however, that upon the receipt and filing of the application there shall be scant by mail notification of receipt: of the same to any applicant who has included two (2) of such envelopes with the application. Where an applicant is entitled to a notice of denial such notice shall be on a form prescribed by the State Board of Equalization and Assessment:.iaid shall state: the reasons for such denial and shall further state that the applicant may have such determination reviewed in the manner provided by law. Failure to mail any such application form or notices or the failure of such person to receive any of the same shall not prevent the levy, collection and enforcement of the payment of the tuxes on property owned by such person. 8. Any conviction of having made any willful false statement in the application for such exemption shall be punishable as set forth in Real Property Tax Law Section 467(7). Page 15 of 23 TB 1 -14 -09 + 9. This resolution shall be applicable to the Town tax for assessment rolls based on taxable status dates occurring on and after January 1, 2009 and the provisions of said resolution shall govern the granting of an exemption under Section 467 notwithstanding any contrary provisions of that section. 2na Cl Leifer Roll Call Vote Cl St:elick Yes C1 Solomon Yes Supv Sumner Yes Cl Makar Yes Cl Leifer Yes The public; hearing on the above resolution was set for February 11, 2009 at 7:45 p.m. at the Town Hall. RESOLUTION #37 — INTRODUCE LOCAL LAW #1 OF 2009 — INCREASING INCOME LIMITS FOR PROPERTY TAX EXEMPTION FOR PERSONS WITH DISABILITIES Cl Makar offered the following resolution and asked for its adoption: RESOLVED, that. this Town Board does hereby introduce the following proposed local law, and scats the public hearing for February 11, 2009 sit 8:00 p.m. Proposed Local Law No. 1 2009 A local law increasing the partial tax exemption for real property owned by persons with disabilities whose incomes ® are limited by reason of such disabilities. I . This local law is enacted pursuant to Section 459 -c of the (teal Property `fax Law of the State of New York as most recently amended. 2. Real property located in the "Town of Dryden, owned by one or more persons each of whom is disabled and whose income is limited by reason of such disability or real property owned by husband and wife, or siblings one of whom is disabled and whose income is limited by reason of such disability shall be partially exempt from taxation by said Town for the applicable taxes specified in Section 459 -c based upon the income of the owner or combined income of the. owners. Such partial exemption shall be to the extent set forth in the schedule following. PERCENTAGE ASSESSED VALUATION EXEMPT ANNUAL. INCOME FROM TAXATION Not more than $28,000 50 percent $28,000 or more but less than $291000 45 percent 529,000 or more but less than $30,000 40 percent 530;000 or more but less than 531,000 35 percent S31.000 or more but less than 531,900 30 percent S3 I goo or more but less than $32,800 25 percent $32.800 or more but less than $334700 20 percent $33,700 or more but less than $34,600 15 percent $34,600 or more but less than $35,500 10 percent $35,500 or more but less than $ 36,400 5 percent More than $30,400 0 percent Page 16 oP 23 T13 1 -1 4 -09 3. The partial exemption provided by this law shall, however, be limited to such property and persons as meet the condit ions, qualifications, exclusions. and limitations set forth in Section 459 -c of the Real Property Tax Law. This local law shall be administered in accordance with said sections of the Real Property `fax L,aw, as now adopted, and as they may be amended from time to time, and the provisions of said section as provided in Section 459 -c, shall be applicable to the effectuation of the exemption provided for in this local law. 4. Application tirr such exemption must be made by the owner or all of the owners of the property on forms prescribed by the State Board to be furnished by the Tompkins County Assessment Department. and shall include the information and be executed in the manner required or prescribed in such forms, and shall be filed in the said Assessment Department office on or before the appropriate taxable status date. 5. Any conviction of having made any willful false statement of the application for such exemption shall be punishable by a fine or not more than $100 and shall disqualify the applicant or applicants from further exemption under this local law for a period of five (5) years. 6. This local law shall be applicable to the Town tax for assessment rolls based on taxable status dates occurring on and after exemption under Section January I, 2009 and the provisions of said local law shall govern 459 -c, notwithstanding any contrary provisions of that section. the granting of an 71 'rhis local law shall take effect immediately. 2°il C1 Leifer Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes Cl Makar Yes Cl Leifer Yes D Kwasnowski presented a map of the Campbell Property The Town will be acquiring from the Finger Lakes Land Trust.. There is an existing easement on the property, and one of the conditions was that it would be free and clear when the Town accepted it. The easement is a drainage easement along the eastern boundary from Creekwood Apartments to Fall Creek. It was installed in 1966 and no one is sure that it has ever been used. Atty Perkins said they need to determine whether it is actually still in existence, and if so, whether it affects the board's decision to accept the property. Supv Sumner said she doesn't have a problem with the easement. itself, but: is concerned with regulating the quality of the water. D Kwasnowski said the Town's Illicit Discharge Law would regulate it. Atty Perkins said he believe it was intended to be a sewer line, and the Health Department: would not: allow it to be used. He said it may never have even been built. Atty Perkins said they will try to make a determination as to its status. The board is okay with the easement if it is not being used, and will try to arrange to have it abandoned. Supv Sumner said she would not decline the property. The sense of the board is to move forward. ENGINEERING No report.. The board took a five minute recess at 9:45 p.m. ATTORNEY Atty Perkins said next month he will be talking with the Board about a contract with Cornell University that has to do with ownership of sewer lines, capacity, use, unused capacity, Page 17 oF23 TB 1 -14 -09 etc. The contract expired December 31, but Cornell has agreed to extend the existing contract while the matter is reviewed. NEW BUSINESS The Court has submitted a request and supporting information to purchase surveillance equipment from Tri- County Security Systems, Inc. with grant money. Cl Makar said the Technology Committee reviewed it last fill, and this looks like the best solution. There is no cost to the taxpayers of Dryden. RESOLUTION #38 - ACCEPT BID FROM TRI- COUNTY SECURITY SYSTEMS, INC. Cl Makar offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby accepts the bid from Tri-County Security Security Systems, inc. for surveillance equipment, and authorizes the purchase from grant: funds received. 2,1d CI Solomon Roll Call Vote Cl Stelick Yes CI Solomon Yes Supv Sumner Yes Cl Makar Yes Cl Leifer Yes Supv Sumner said the board hopes to expedite the permit process for Clarity Connect when they are ready to get them for the broadband towers. This will require an amendment to the tower law. She has discussed it xvith Atty Perkins and D Kwasnowski. The fact that there are ten similar towers and the board will really need to review each site, means it will be less work overall. They need to be ready when the state grant comes through. The project may need to be done in two or three phases. Supv Sumner will contact Chuck Bartosch to discuss the statu s. Supv Sumner said she has a contract from Fetter Housing of Tompkins for the implementation and administration of the housing rehab grant. She met with .John Spence last week and had a very productive meeting. She is very optimistic about how this is going to work out. Atty Perkins has reviewed the contract, made some suggested changes and Supv Stunner has discussed those with John Spence. They were able to make all the changes with t:he possible exception of one with respect to the tiling of the diminishing lien document. After discussion, the board agreed that filing the lien prior to the fmal payment to the contractor would be agreeable. RESOLUTION #39 - AUTHORIZE CONTRACT WITH BETTER HOUSING OF TOMPKINS COUNTY Cl Makar offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves a contract with Better Housing of Tompkins Counter for implementation and administration of its HOMES grant, subject to approval by the Town Attorney, and the Supervisor is hereby authorized to execute the same. 2«a Cl Stelick • Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes Page 18 of 23 Cl Makar Yes C1 Leifer Yes COMMITTEE REPORTS TB 1 -14 -09 Emergency Services Committee - Committee meetings for 2009 are tentatively scheduled for the fourth Monday of each month at 7:00 p.m. Meetings with the Boards of each Hire Department will be held the same day in February, May, August, and November at 7:30 p.m. Supv Sumner said she had received a report from Dryden Ambulance that shows over 14,000 hours of volunteer time in 2008. There were 1,606 dispatches and 1,091 transports, mostly to Cayuga Medical Center. They are doing a great job. Personnel Committee - No report. Finance Committee - 'Phis committee will now meet. on the second Wednesday of the month at 11:00 a.m. They are working on resolutions to establish the reserve funds. HUD Loans & Grants Committee - Will be meeting on the fourth Wednesday of each month at 9:45 a.m. at the Town Hall, Supv Sumner said the committee will also serve as the HOME Grant Oversight Committee with Henry Slater. Technology Committee - Will meet on the fourth Wednesday of each month at 8::30 a.m. at the Town Hall, Recreation /Youth /Community Centers Committee - Grant applications have been sent to the centers. No word on the status of the Bethel Grove Community Center. Supv Sumner said there a few things that were overlooked at the organizational meeting that need to be done. RESOLUTION #40 - APPOINT REPRESENTATIVES TO TOMPKINS COUNTY COUNCIL OF GOVERNMENTS Supv Sumner offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby appoints Mary Ann Sumner to serve as its representative to the Tompkins County Council of Governments, and David Makar to serve as alternate. 2 a Cl Makar Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes Cl Makar Yes Cl Leifer Yes RESOLUTION #41 - APPOINT FIRE OFFICER C1 Makar offered the following resolution and asked for its adoption: Page 19 of 2' ) TB_ 1 -141 09 RESOLVED, that this Town Board hereby appoints Mary Ann Sumner to serve as Tire Officer for the Town of Dryden. 2111 Cl Makar Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes CI Makar Yes Cl Leifer Yes RESOLUTION #42 - APPOINT BUDGET OFFICERS Cl Stelick offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby appoints Mary Ann Sumner and Dawn Bogdan to serve as co- budget officers for 2009. 2nd Cl Makar Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes Cl Makar Yes Cl Leifer Yes RESOLUTION #43 - APPOINT IT ADMINISTRATOR Cl Makar offered the following resolution and asked for its adoption: RESOLVED, that this Towri board hereby appoints Patricia Millard as IT Administrator for 2009. 2nd Cl Stelick Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes Cl Makar Yes Cl Leifer Yes RESOLUTION #44 - APPOINT BINGO INSPECTOR Cl Makar offered the following resolution and asked for its adoption: REWLVED, that this Town Board hereby appoints Stephen Stelick, Jr. as Bingo Inspector for 2009. 211d Supv Sumner Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes Cl Makar Yes Cl Leifer Yes RESOLUTION #45 - APPROVE BUDGET MODIFICATIONS Cl Makar offered the following resolution and asked for its adoption: Page 20 of 23 TB 1 -14 -09 0 RESOLVED, that this Town Board hereby approves the following 2008 budget modifications: A599 = APPROPRIATE SURPLUS FUNDS /FUND BALANCE (FB) A1990.4 = CONTINGENCY BUDGET LINE .1 = PERSONAL SERVICES .2 = EQUIPMENT /CAPITAL ASSETS .4 = CONTRACTUAL (SUPPLIES OTHER THAN EQUIPMENT /CAPITAL ASSETS) FROM TO FOR AMOUNT A1330.102 Receiver of Tx - Personal Services Al 330.101 Receiver of Tx - Personal Services $ 117.71 Al 410,102 Town Clerk - Personal Services Receiver of Tx - Personal Services $ 848.00 A1410.4 Town Clerk - Contractual Receiver of Tx - Personal Services $ 186.29 A1410.102 Town Clerk - Personal Services A1410.101 Town Clerk - Personal Services $ 19152-00 A7180.4 Dryden Trails A1490.1 DPW Personal Services $ 71641.45 A7180.4 Dryden Trails A7180.1 Freeville/Dryden Trail $ 414.73 A7180A Dryden Trails A5010.101 HWY Personal Services $ 51046.41 A1990.4 Contingency A1620.2 Building Equipment S 939.30 A7020A Recreation Admin Contractual A7330.4 Recreation Program Contractual $ 214.83 2,d C1 Leifer Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yeas Cl Makar Yes Cl Leifer Yes RESOLUTION #46 — APPROVE ABSTRACT # 13 Cl Makar offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves Abstract #1.3 (2008), vouchers # 1178 through # 1275, totaling $299,036.17. 2nd Cl Stel.ick Page; 21 oil' 23 TB 1 -1 4 -09 Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes Cl Makar Yes Cl Leifer Yes RESOLUTION #47 - APPROVE ABSTRACT #1 Cl Makar offered the following resolution and asked for its adoption: RRSOLVED, that this Town Board hereby approves Abstract #1, vouchers #1 through #241 totaling $172,358.25. 2nd Cl Stelick Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes CI Makar Yes Cl Leifer Yes On motion made, seconded and unanimously carried, the board moved into executive session at 10:30 p.m. to discuss the proposed acquisition of an interest in real property. The board moved back to regular session at 10:45 p.m and made the following resolutions. RESOLUTION #48 - APPROVE PURCHASE PRICE OF DEVELOPMENTAL RIGHTS FOR LEW -LIN FARMS, LLC. Supv Sumner offered the following resolution and asked for its adoption: Whereas, the Town of Dryden enjoys a long and significant history in agriculture, and Whereas, the Town of Dryden adopted the 2005 Comprehensive flan that described the value of farmland, and a strategy for protection involving purchase of conservation easements based upon considerable community support, and Whereas, the Town of Dryden has entered into a contract with the UYS Department of Agriculture and Markets to purchase a conservation easement from Lewis and Linda Stut:tle operating the Lew -Lin Farms, LLC., and Whereas, the Town of Dryden has the means and «6Il make a cash payment toward the purchase of said conservation easement, NOW, THEREFORE, BE IT RESOLVED, that this Town Board agrees to offer the sum of $688,000.00 to Lewis and Linda Stuttle for the purchase of the development rights of Lew -Lin Farms, LLC. 2nd Cl Makar Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes Cl Makar Yes Cl I.ei fer Yes Page 22 of 23 TB 1 -14 -09 RESOLUTION #49 - APPROVE LOCAL MATCH PURCHASE PRICE OF DEVELOPMENTAL RIGHTS FOR LEW -LIN FARMS, LLC. Cl Makar offered the following resolution and asked for its adoption: Whereas, the Town of Dryden enjoys a long and significant history in agriculture, and Whereas, the Town of Dryden adopted the 2005 Comprehensive Plan that described the value of farmland, and a strategy for protection involving purchase of conservation casements based upon considerable community support, and Whereas, the Town of Dryden has entered into a contract: with the NYS Department: of Agriculture and Markets to purchase a conservation easement from Lewis and Linda Stuttle operating the Lew -Lin Farms, LLC., and Whereas, the Town of Dryden has the means and will make a cash payment toward the purchase of said conservation easement, NOW, 'THEREFORE Sir. IT RESOLVED, that this Town Board agrees to commit no more than $120,000 toward the required 25 % local match for the purchase of developmental rights for Lew -Lin Farms, LLC, which amount includes out -of- pocket expenses, and the remainder (approximately $95,000) toward the purchase price of the conservation easement. 21111 Supv Sumner Roll Call Vote Cl Stel.ick Yes Cl Solomon Yes Supv Sumner Yes Cl Makar Yes Cl Leifer Yes There; being no further business, the meeting was adjourned at 10:48 p.m. Respectfully submitted, Bambi L. Hollenbeck Town Clerk Page 23 of 23 DRYDEN TOWN BOARD MEETING 93 East )`Main Street Wednesday, January 14, 2009 7:00 PM 1) Call Meeting to Order 2) Pledge of Allegiance 3) Roll Call 4) Public Hearings 5} Citizens Privilege 6) Special Presentatinn a) Heather Filibcrto, TOAD, Empire Zone Rev[cw 7) Town Clerk a) Approve Meeting [Minutes for December 10, 22008 B. Hallenbeck 8) Town Highway Superintendent/Department of Public Works .I. kiusli a) Use of "room -o iicd highway mnchincry b) Appointment of Depute Superintendent c) Authorization to solicit bids for (ractor /truck with snow plow egLLipment d) Trails Budget line items for 22009 — A- 718 0,1 and A- 7180.4 e} ApprovD Highway and DPW Budget modlficcations 9) recreation Department M, Bianconi a) Monthly Program Report �0) County Briefing County Rep ) ning Off"ierr H. dater a) Training for ZBA and Nanning Board 1) Waive kcqui rem cnts for 2008 b) 1 erizon Cell Tower Special Permit Application 12) Ettvirouniental Planner D. Kwasuowski a) Zoning Updates b) Zoning Ordinance Amendments 13) Engineering A. $eiarabba 14) Attorney M. Perkins a) Cornell Sewer Contract. b) Campbell Property Eawinent 15) Unfinished Business a) Operating Permits H. Slater 16) New Business a) Property 'Fax Exemption inco���e limit b) Bids for Court surveil lance equipment c) 1 fireless Broadband Towers 17) Committee Reports (3 minutes or less each, please) n) Emergeni y Services Committee b) Personnel Committee c) Finance Committee d) FEUD Loans & Grants Committee c) Technology Comi��ittec f) Recreation. / Youth fGommunilyCenters Corn ini(tee *9) Approve Abstracts # 13 and #1 Future Agenda items 20) ')executive Session [Real Estate] The .n ext Town o `Dr den Board Meeting -.till be weld February 11, 2 009 at the Town Hall l -]4 -09 S P E A KER SIGININ SHEET If you wish to add3-ess the Board under citizens privilege al'the floor please: sign in below. pe-alcerS will be Iii-riited to a maximum of'llhree minutes. Please provide the [clerk � ;JtlY a Writte3l sunlmaa-V Ofy0tu- MatementL Name Address ee�) ( � (I , e�l e zo n 02/G9/2009 1.3:45:50 t MONTHLY REPORT OF SUPERVISOR 16iTHE TOWN BOARD OF THE Town of Dryden: rsuant, to Section 125 of the Town Law, I hereby render the following detailed statement of all moneys received and disbursed by me during the month of JanuaW, 2009: DA'rf=D: Febiumy 9. 20(N) SUPERVISOR Balance Balance 12/31/2008 Increases Decreases 01/31/2009 A GENERAL FUND - TOWNWIDE CASH CASH - CHECKING - SAVINGS 77,2;8.67 5,227x354.30 32,!29.99 2,171.56 0.40 1145,898.20 120,582.36 816,274.46 0.00 582,908.59 2,943.66 1.97,866.38 120,567.71 615,811.76 14.65 5,923,061.05 34,301.55 PETTY CASH 585t852.25 600.00 832,365.08 0.00 0100 600.00 PETTY CASH - POSTAGE 5x394.89 0.00 0100 5,399.6° TOTAL, 51 310r 647. 86 936r856,62 318, 434.09 5, 929, 070.59 DA HIGHWAY TOWNWIDE FUND CASH - CHECKING CASH - SAVINGS TOTAL GENERAL - OUTSIDE FUND 2.48 1,464,105.56 1 , 964, :1.48.04 .1.11f260,58 i.08 61.2,867.02 2,943.66 26,893.87 679.82 32,!29.99 2,171.56 0.40 1145,898.20 32,13:1,.07 32,129.99 0.00 0.00 582,908.59 2,943.66 557,158.'+8 111,260.58 111,499.26 222,759.84 2.48 1,798,504.50 11 798, 506, 98 CASH - CHECKING CASV - SAVINGS PETTY CASH - POSTAGE: i.08 61.2,867.02 2,943.66 26,893.87 679.82 32,!29.99 2,171.56 0.40 26,893.87 26,893.87 32,13:1,.07 32,129.99 0.00 0.00 582,908.59 2,943.66 TOTAL 615,811.76 34,301.55 64,261.06 585t852.25 DB HIGHWAY OUTSIDE FUND CASH - CHECKING CASH - SAV114GS TOTAL SFl- DRYDEN FIRE DISTRICT CASH - CHECKING CASH - SAVINGS 0.97 832,364.71 26,893.87 679.82 26,893.87 26,893.87 0.97 806,150.06 832,365.08 27,573.69 53,787.74 806,151.03 4.93 0.00 0.00 4.93 219,606.97 800,723.43 0.00 1,020,330.40 TOTAL 219t 61:1.. 90 SLl- VARNA LIGHTING DISTRICT CASH - CHECKING 0.00 CASH - SAVINGS 2,776.48 TOTAL 2,776.48 01&2- ETNA LIGHTING DISTRICT CASH - CHECKING 0.00 CASH - SAVINGS 21605,10 800,723.43 0.00 1,0201335.33 366.25 366.25 0.00 3,104.05 366.25 51514.88 3,470.90 732.50 5,514.88 292.14 292.14 0.00 21373,95 292.1,4 41 686. 91 Page 1 A;:jpNTHL.V REPORT OF SUPERVISOR OSS7- ROYAL ROAD SEWER CASH - CHECKING CASH - SAVINGS TOTAL 93,933.47 11883.20 0100 95,.81,6.67 0.02 Balance 12/31/2008 Increases Decreases Balance 01/31/2009 • TOTAL 2, 605.10 13,482.44 21666.09 0.00 584.28 4, 686.91, SL3- MEADOW /LEISURE LIGHTING CASH - CHECKING 0.00 214.14 214.14 0.00 CASH - SAVINGS 2,001.97 1,883.i0 214.14 3,670.93 TOTAL 2,001.97 2,097.24 428.28 3,670.93 SM AMBULANCE DISTRICT CASH - CHECKING 1.14 0.00 0.00 1.14 CASH - SAVINGS 164,892.92 317,106.46 0.00 4810999.38 TO'1AL 164,894.06 31 ?,106.46 0.00 482,000.52 SS1- SAPSUCKER SEWER - UNITS CASH - CHECKING 0.02 0.00 0.00 0.02 CASH - SAVINGS 42,172.94 91152.59 0.00 51,325.53 TOTAL 42,1 ^2.96 9,152.59 0.00 51,325.55 SS2- VARNA SEWER - UNITS CASH - CHECKING 0.05 84.'15 84.75 0.05 CASH - SAVINGS 159,472.86 23,331..34 84.75 182,71,9.45 • TOTAL 159,472.91. 230416,09 169.50 182,719.50 SS3- CORTLAND RD SEWER CASH - CHECKING 0.00 98174 98.74 0.00 CAS &I - SAVINGS 1.74,589.43 36,769.19 96.74 211,259.88 POSTAGE 65.05 0.00 0.00 65.05 TOTAL 174,654.48 36•,867.93 197.48 211,324.93 SS4- MONKEY RUN SEWER CASH - CHECKING CASH - SAVINGS 1170787.33 0.01 51,364.99 1. 21,947.34 51,365.00 25,969.03 213,765.64 0.00 TOTAL 1.17,78;.34 1730312.33 77,334.03 213,765.64 SS5- TURKEY HILL SEWER CASH - CHECKING CASH - SAVINGS 119,067.73 0.00 71,796.24 15.42 1,5.42 15.42 190,848.55 0.00 TOTAL 119,06 "7.73 71,81.1.66 30.84 190,848.55 SS6- PEREGRINE HOLLOW SEWER CASH - SAVINGS 93,933.47 11883.20 0.00 951816.67 OSS7- ROYAL ROAD SEWER CASH - CHECKING CASH - SAVINGS TOTAL 93,933.47 11883.20 0100 95,.81,6.67 0.02 0100 0.00 0.02 11,926.87 13,482.44 0.00 25,409.31 Page 2 AywIXTHLY REPORT OF SUPERVISOR TA AGENCY FUND Page 3 Balance Balance 12/31/2008 Increases Decreases 01/31/2009 • TOTAL, 11,926.89 13,482.44 0.00 25,409.33 SW1- VARNA WATER CASH - CHECKING 0190 0100 0.00 0.90 CASH - SAVINGS 3010108.74 19,662.33 0.00 320,771.07 TOTAL 301,109.64 19,662.33 0.00 320,771..97 SW SNYDER HILL WATER CASH - CHECKING 0.07 22.13 22.13 0.0? CASH - SAVINGS 55,738.28 121377.34 22.13 68,093.49 TOTAL, 55,739.35 1.2,399.47 44.26 68,093.56 SW3- MONKEY RUN WATER CASH - CHECKING 0.27 24,212.72 25,345.77 - 1,132.76 CASH - SAVINGS 126,668.81 1.02,591.31 24,212.72 205,047.40 TOTAL 1.26, 669.08 1.26, 804.03 49, 558.49 203, 91.4.62 SW4- HALL ROAD WATER CASH - CHEC:KING CASH - SAV114GS 29,778.63 0.15 3,876.38 0.00 0.00 0.00 33,655.01. 0.15 TOTAL 291778.78 31876.38 0.00 33,655.16 SW5- TURKEY HILL WATER CASH - CHECKING 0.21 0.00 0100 0.21 CASH - SAVINGS 1.55,39'.74 46,184.09 0.00 201,581.83 TOTAL 155,39 7.95 46,184.09 0.00 201,582.04 SW6- ROYAL ROAD WATER CASH - CHECKING 0.06 0.00 0.00 0.06 CASH - SAVINGS 13,527.68 :1.4,434.58 0.00 27,962.26 TOTAL 13,527,74 14,434.53 0100 27,962.32 PN MCARTHUR SPECIAL RESERVE CHECKING - SPECIAL RESERVES 2,922.90 0.00 0.00 2,922.90 TOTAL 21922.90 0100 0.00 20922.90 CD REHABILITATION LOANS AND GRANTS CASH - CHECKING 196,538.48 20 854.1,8 0.00 199,392.66 TO'T:L 196,538.48 2,854.28 0.00 199,392.66 H CAPITAL PROJECTS - TOWN HALL ® CASH - SAVINGS 1,006.25 0.85 0100 1,007.10 TOTAL, 1,006.25 0185 0.00 1,007.10 TA AGENCY FUND Page 3 ,MpNTHLV REPORT OF SUPERVISOR Balance Balance 12/31/2008 increases Decreases 01/31/2009 isCASH - TRUST & AGE:NCY 6r696,97 171, 210.50 121, 270.50 561636,9"' TOTAL 6p696,97 ;1,71, 270.50 121, 2'70. 50 56, 636.9'; CM MISC SPECIAL REVENUE /MCARTHUR CASH - SAVT,NGS TOTAL HB CORTLAND ROAD SEWER BAN CASH - SAVINCS TOTAL 'DOTAL ALL FUNDS 22.03 0.00 0.00 22.03 22.03 24,798.65 0.00 0100 0.00 0.00 22.03 24,798.65 24,"98.65 0.00 0100 24,796.65 7.0,248,04 9.85 3,409,307.61 909,592.89 12,747,,59.5, Page 4