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HomeMy WebLinkAbout2009-04-08TB 4 -8 -09 TOWN OF DRYDEN TOWN BOARD MEETING APRIL 8, 2009 Present: Supervisor Mary Ann Sumner, Cl Stephen Stelick, Jr., Cl Joseph Solomon, Cl David Makar, Cl Jason Leifer Elected Officials: Bambi L. Hollenbeck, Town Clerk Jack Bush, 1- lighway Superintendent Other Town Staff: Mahlon R. Perkins, Town Attorney Dan Kwasnowski, Environmental Planner Henry Slater, Zoning Officer Andy Sciarabba, TO Miller Melissa Bianconi, Recreation Director Kevin Ezell, Zoning Officer Supv Sumner opened the meeting at 7:03 p.m. and board members and guests participated in the pledge of allegiance. PUBLIC HEARING PROPOSED LOCAL LAW EXPANDING THE ATTENDANCE AND TRAINING REQUIREMENTS FOR MEMBERS OF THE ZONING BOARD OF APPEALS Supv Sumner opened the public hearing at 7:04 p.m. There were no comments and the hearing was left open. •PUBLIC HEARING PROPOSED LOCAL LAW EXPANDING THE ATTENDANCE AND TRAINING REQUIREMENTS FOR MEMBERS OF THE PLANNING BOARD Supv Sumner opened the public hearing at 7:04 p.m. There were no comments and the tp� hearing was left open. • PUBLIC HEARING IN THE MATTER OF THE CONSTRUCTION OF THE SOUTHERN CAYUGA LAKE oQ INTERMUNICIPAL WATER COMMISSION'S 2009 BURDICK HILL TANKS PROJECT Supv Sumner opened the public hearing at 7:05p. Tn. She explained that the Commission is proposing to build a new t:ank on Burdick Hill Road next to the existing tank. When the new tank is complete, the existing tank will be dismantled. The total project cost is $2,600,000. It will be bonded by Bolton Point and entirely funded through water use rates. The Town of Dryden has a 3.9% interest in Bolton Point. There were no questions or comments and the hearing was left open. PUBLIC HEARING - CONTINUATION SPECIAL USE PERMIT APPLICATION OF VERIZON WIRELESS TO CONSTRUCT A TELECOMMUNICATION TOWER FACILITY AT 1536 HANSHAW ROAD Tom Greiner of Nixon Peabody, on behalf of Verizon Wireless, said that Jared Lusk was unable to attend tonight. Kathy Pompiano, Greg Hanley, and Ken Cowley were also present on behalf of Verizon Wireless. Page 1 of 22 TB 4 -5 -09 T Greiner said that since the lase: board meeting, they have; submitted a revised site pkui in response to remarks by,Tompkins Jaunty Plaaning, The tower has b .Len moved about 53 feet south anal west of the prior location. 'T Greiner said they have limited flexibility in that respect. Supv Sumner noted that is without moving the lease location, 'rhe determination of hazard requested by CI Makar was originally subrni Red as Exhibit arid shows that at the proposed height, the tower will not have to be lit, The applicant has a sWfament of non - interference (Fxhibit W) that addresses the concern that the tower will not interfere with the County's emergency response system_ Verizon 8- OLially is on some of the same towers with ernergc;ncy systems in oi:her counties_ 'r Greiner responded to some of Cl Makar's previous c.ornments, With respect to moving the tower 2,00' west and 200' southo Verizon sloes not control the land in that spot, and the landlord has told them they will not control that land so they could not put the tower there_ They think that moving it the proposed S3' (and they may be able to movo it a little further) addresses the issue_ 'rhey have tried to Site the tower in such a wav that it works from an RF point of view_ This would minimize the visual impact from Sapsucker Woods Road because of the trees that are there_ Moving it closer would substantially diminish the effect of the screening. To the Baal, of their site there are. fewer structures_ Supv urn„er asked them to also take into account the houses on Cardinal Drive. Cl Makar noted the lei.kcr frorn the landlord ipdicates the site could be moved 100 feet. There was some discussion about moving ffic site further and the passibility of a-mending the: lease with the landlord. Verizon has a letter of non- interference, and T ('rrCiner said because of the low power of the system, the frequency would not interfere with the County's emergency response system. Verizon has submitted updated coverage maps, The tower will be designed for a future 20' extension.. T Greiner that noted that under present regulations, extending the tower by 01 would require lighting. Veri'on has a lot of experience Jai minimizi.rig clearing; that is not a problein. With respect to landscaping, Verizon Ss very willing and able to accommodate municipalities on landscaping_ '[1ie;y Will work with the code officer to have a landscaping plan (lixne3. The tower will be built, inspected, and maintained in accordance with AN Ii standards. Verizon has submitted a protocol with re; pecf In the issue of nesting birds. The tower removal perfbrmancc bond is fine. Verizon needs to know how much the Town would require, Theii- typical bonds are between $15,000 acid $30,0100_ Signage will be pt._r Town's direc:tiUn_ Veri&on Lypically pets only an emergency number on a small plaque, but will do as directed by the Town, With respect to a 3-year plan, the rnariagers at Ver-iu7n have no further plans in the 18 '1'nu+n of Dryden- Page. 2 of 22 T3 4-9=09 Greiner disCributed a neap 511owing existing $50 mhz and threC possible other towers in the Town that would cover the bulk of the Town with 850 mhz coverage_ There was a. white area that would not be cov(-,Frcd and Verizon said this is au-1 area that is sparsely populated without many tvansit roads. There is a county tow {:r in that white area, so it is possible there could be a co- location Co provide coverage. They would have i10 run the propagations_ Gl Makar pointed out there is a heavily travelled road in that area that receives poor or no cell coverage, so if someone breaks down ther6., it would be good to have it covered. Verizon will add that, irtfannation to their files_ T Cireiner said that for the coverage objectives they are trying to attain, this is a good site, They have looked at possible alternatives and this is the treat they can come up with_ They have addressed the board's requests and the Town's telecommunication consultant's comments, He said there is a complete record_ They are in agreement with most of Cl Mak�xr's points and they are doable. Copies of the maps and propagations were displayed and explained to the audience_ N Munkenbec_k noted that their coverage seems to be better than indicated by the map, Atty Perkins asked T Greiner to confirm that Verizon has no plans in the Town of Dryden for the next three years, and asked how that jibes with their obligation under their franchise to provide service. T Griner said the FCC mandates that you have to have a certain minimal signal strength that would encompass the l.iCe'n C atra in order to preserve your license. Verizon lreless has that rrtinimal coverage. That may be why in some arras that show white, you can :icllually make calls or have data coverage_ The step above that is safe and reliable service and that is not a requirement. of the FCC to maintain a license_ That is the system that. Verizon is working on building out, and it is a multi - decade process. Nancy Munkenbeck asked whether Verizon had recently acquired another frequency. She was told they now have 700 mhz. frequency that will be used exclusively for high -speed data services for police, fire, and governmental agencies. They piggyback that system on the existing 850 mliz sites, Because the Verizon rnafter was on the agenda for later in the evening, Supv Sumner will risk for comments again later in the meeting, There were no further comments on the proposed local law regarding training requirements for members of the Zoning Board of Appeals, and Supv Sumner closed the public hearing at 7:55 p.m, RESOLUTION #78 - ADOPT LOCAL LAW #3 -2009 - AMENDING ATTENDANCE AND C,OYMNUING EDUCATION REQUIREMENTS FOR THE ZONING BOARD OF APPEALS Cl Makar offered the following resolution and risked for its adoption= RESOLVED, that this Town Board hereby adopts Local Law 43- 2009, as follows, and directs the Town Clerk Co file the t52mc with the Secretary of Mate of the State of New York: Loral Law No_ 3 (2009) Local Latin No. 1. of the year 1393, a local lain establishing minimurn attendanoc and Continuing education requirements of member% of the Zoning Hoard of Appeals and providing a procedure for removal of members not meeting such requirements and for cause, it5 am ended as follows: Page W'22 TB 4 -8 09 1. The last: sentence of SLOTiON 1., PURPOSEI AUTifORITY, is amended to rend as follows= "This local Law is enacted and amended under the authority of Town Law Sections 267(2); 267(7 -a) and 267(9)." 2. The heading of SM110N 2 is amended to read= MINIMUM MUTTNG AND HPMING A'1'TENDANOE 121�Q[1ilEMEN'I' -" 3- SE TI()N 3. MINIMUM such ATTEiVDAi M 1 EQUIREMEN'I' completed the Training promoted by the tows, fContinuing Education and Training)- is deleted in its entirety and a new SECTION 3 i adapted to read as follows; SEC'CION 3, TlRA1 N I NG AND ATTENDAWCE REOUIRSMENTS. a. Each member of the Zoning board of Appeals shall complete, M1 a minimum, four hours of training each year designed to enable such Members to more effectively carry out their duties. Training received by a member in excess of four hours in any one year may be c:orried over by the memb(,r into succeeding years in order to meet these requirements- Such training shall be approved by the Town Board and may include, but not. he limited to, trairnin% provided by a municipality, regional or county planning office or commission, county planning federation, state agency, statcwidc municipal association, college or other similar entity. Training may be provided in a variety of formats, including but not limited to, (,L1c&ron1c media, video, distanoc learning and traditional classroom training- b. To be eligible for reappointment to such board, such member shall have completed the Training promoted by the tows, pursuant. to this section. c. the training required by this sulydivi; ion rn:3y be waived or modified by resolution of the Town l3u;)rd when, in the judgment of the Town Board, i1 is in the best infer! of the token to dc� so. d- No decision of a Zonirng Board of Appeals shall be voided or declared invalid because of a failure to comply with this sr;cl:iork- 4. SECTION 4, CONTINUING EDU CATIO N AND TRAINING. is deleted in its entirety and a new C"l'I{J 4 is adopt�;d t.0 T , d :�s fc lloWs: Pale 4 or TB 4 -K -09 "SECTION 4. CONTINUING EDUCATION AND TRAINING. The costs of such training • shall be a town Charge. Members shall be reimbursed for travel and meal expenses associated with such training according to Town policies." 5. The heading and introductory paragraph of SECTION 5 is amended to read as follows: "REMOVAL PROCEDURE. In the event a member of the Zoning Board of Appeals has failed to meet the minimum attendance requirements set forth in Section 2 or the training requirements set forth in Section 3, then the Town Board may remove such member from the Zoning Board of Appeals as herein provided:' 2114 Cl Solomon Roll Call Vote Cl Stelick Yes CI Solomon Yes Supv Sumner Yes Cl Makar Yes Cl Leifer Yes There were no further comments on the proposed local law regarding training requirements for members of the Planning Board, and Supv Sumner closed the public hearing at 7:57 p.m. RESOLUTION #79 - ADOPT LOCAL LAW #4-2009 - AMENDING ATTENDANCE AND • CONTINUING EDUCATION REQUIREMENTS FOR THE PLANNING BOARD Cl Stelick offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby adopts Local Laws 44 -2009, as follows, and directs the Town Clerk to file the same with the Secretary of State of the State of New York: Local Law No. 4 (2009) Local Law No. 2 of the year 2002, a local law establishing minimum attendance and continuing education requirements for members of the Planning Board and providing a procedure for removal of members not meeting such requirements and for cause, is amended as follows: 6. SECTION 3. MINIMUM ATTENDANCE REQUIREMENTS (Continuing Education and Trainine), is deleted in its entirety and a new SECTION 3 is adopted to read as follows: SECTION 3. TRAINING AND ATTENDANCE REQUIREMENTS. a. Each member of the Planning Board shall complete, at a minimum, four hours of training each year designed to enable such members to more effectively carry is out their duties. ']'raining received by a member in excess of four hours in any one year may be carried over by the member into succeeding years in order to Page 5 of 22 TF3 4 -8 09 Tneet these requirements. Such training shall be approved by the Town Boo.rd and may include, but not br; limited to, training provided by a inunicipality, regional or county planning office or commission, county planning federation, sta(6, agency, statewide municipal association, collo &r, or other similar entity. Training may be provided in a variety of formats, including but not limit'ed to, electronic Tnedi;�, %video, distanco J(,arning and traditional classroom training- b, To bee eligible for reappointment to such board, such member shall have completed the training promoted by the', to n pursuant to this section. c. The training required by this subdivision may be waived or moClI e d by resolution of the Town Board when, in the judgment of the Town Board, it is in the best interest of the town to do so. d- No decision of a Planning Board shall be voided or dfac:lared invalid because of a failure to comply uil_h this section. 7- SECTION 4- CON'T`INUING EDUCATION AND TRAINING. is deleted in its entirety and a new SECTION 4 is adopted to read as follows: "SECTION 4- P14RAININCr COSTS, The costs of such lrainin& %hall be a town charge. Members shall be reimbursed for fravel and meal expenses associated with such training according to 'Town policies -" S. The introductory paragraph of SFCTTC)N 5 is amends -L i to read as follows: 'REMOVAL PROCEDURE. In the event a member of thr Planning Board has failed to meet the minimum attendance requirement% sel: forth in Section 2 or the training requirements set Forth in Section 3, then the Town Board may remove such member from the Planning Board as herein provided." 2011 Cl Makar Roll Call vote C1 Stclick Yes Cl Solomon Yes upv Sumner Yes C1 Malcar Y(;:j Cl Leifer Yes There were no further vommcrki't� can 11ie; public hearing for the Burdick Hill Water Tanks and I'he pul)lic: ht.Laring was closed at 7:59 p.m. Page 6 of 22 TB 4 -8 -09 CITIZENS PRIVILEGE 1W Wendy Hans of the Varna Fire Dt:prartment thanked Supv Sumner for helping the Varna Community Association and Varna United Methodist Church with the fund raising twent for the Var a Hire Company. She thanked Cl Makar and Martha Robertson (both members of the fire department) for helping_ She also thanked Cl Leifer for attending with his family. She noted that Duane TCstut had commented that it was great to sec the three orgauiizatiorns in Varna come together, and he also thought it was good that the Town S upervnwr and County Legislature were worki rng together, It is nicc to have volunteer or ni tI ns working with the poli6oirans_ Su pv Sumner said she had really enjoyed it_ Mike Lane of the Vill:3ge of Dryden and South orth Library Trustee said the Library inns successful in selling the rnanuscript of Abraham Lincoln, The fonds received will be used to construct an addition to the Southworth Library and to add money to their reserve to generate income so they can afford to run it. He said the hbrar -y is very thankful to the Toumn of Dryden, vii iag(e of Dryden, Tompkins County and the Town of Hayford for their financial support_ Without that support, they could probably not remain open_ They receive about half of their operating funds from the endovkmielit they have at ake library. They hope the addition will be a great service to the community that will add to their efforts for accesLq by people with disabilities, and will become a real community center. The addition will be named for President Lincoln. It will be the Lincol.r) C t;nter of the Southworth Library Association and will be thematic of Pr ielent Lincoln. With the sale complete, they are now beginning the search for architects anti engineers_ upv SUM ne;r arid the board thanked the library for persisting with the proje,0: and offered to help if there were anything they could do_ She risked to be kept in the loop with the plane i n g, Bob Sluoum updated the board on the situation with adult softball, said three fields have been secured for the program for the summer. Those fields are at the Dryden Baptist Church, the Borg Warner field on Warren Road, and the field at TCS_ There needs to be contract with TC3, and as a softball group, they do not have the ability 110 cni:cr into a contract and are asking the Town to do that. Currently there are 6 -7 teams committed for the Saturday league, and 6 teams for the Tuesday f Thursday league. He said he knuws that one of the wishes of the Recreation Director is to make the league more Dryden Centric. Of the teams this year, 1 I. to 12 of the teams are Dryden tGdms. 'I' wild Char�c for th6r field u e (drourtd $1200). The group has asked for $2,000 from the To {tin. They thought they would have funding from Sertoma, but that ha.s been withdrawn. There will be a league meeting on April 20 at the Town Hall. Supv Sumner said she is looking forward to seeing their proposal_ TOWN CLERK Town Clerk Bambi Hollenbeck asked the board to approve the minutes of February 1 1 , March 11, and March 26, 2009_ RESOLIIT'>CION #80 - APPROVE MINUTES Cl Stelick Offered the ful10 wing resolution and asked for its adoption= RES0LVED. that: this Town Board hereby approves the minutes of the_ PCbnJairy 1. J, 2009, Town Board meeting. 2«1' Cl Solomon Coll Galt Vote Cl Stelick Yes Cl Solomon yes Page 7 o F2 2 143 4_ -09 S-upv Sumner Yes Cl Makur Abstained 1 Leifer Abstained RESOLUTION #81 - APPROVE MINUTES I Makar offered the following resolution and asked for its adoption= RES0LVED. that this Town Rua rd hereby approve% the minutes of the March 11 and March 26, 2009, Town Board rnteetings. 20d Cl Leifer Roll Call VoW Cl Stelick Yes Cl9olonian Yes 8upv Sumner Yes I Makar Yes Cl Leffer Yes B Hollenbe(;k reported her office had a passport day event on March 28 from 10:00 a_rrt_ to 3:00 p_m. Sevend residents visited, 10 application% were processed and several photos done for people who will be returning with corn p]eted applications at a laser date_ Revenue for the day was $495.00, B Hollenheck will be attending the New York State Town Clerk's Conference in Rorheater from April 26 to April 29, 20091 Local Assessment Review will be held in Dryden on May 7, 2009, from 3;00 to 6:00 p.m, Cl 8telick and Cl Leifer ame the Town's representatives on Chas. local review board. HIGrHWAY DEPARTMENT/DPW Highway Superintendent Jack Bush reported that Al:i;y Perkins has prepared an Order for a five -ton weight limit restriction on Palmear Load. Supv Sumner thank(:d J Bush for his report on Palinear Road and the board revicw(,d the Order. RESOLUTION #8 - ADOPT ORDER ESTABLISffiNO WEIGHT LIMIT ON PALMEAR ROAD Cl Solomon offered the fulIowin S resolution and asked for its adoption; RESOLVED, that this Town Gourd hr.LT—vb ` adopt& the following Order establishing a weight limit on Palmear Road: Town of Dryden Tompkins C ounty date of Nrur York In the matter of establishing a weight limit For vehicles on Palmear Redd Page 8 of 22 ORDER TB 4 -8 -09 Upon reading and filing the renOmmendoi:ions and report of the Town of Dryden Highway Superintendent wherein he requested that the town hoard exclude certain vehicles from Palmear Road, a town highway in the town of Dryden, and upon due deliberation on such report and after hearing the highway superintendent in favor of such exclusion, the town board of the Town of Dryden, Tampkins County, New York, hereby finds as follows- L Palmear Road is a town highway established by use and run; generally southerly from Nc w Yark State- Route 38 to West Dryden Road, a Tompkins County highway. PaImcar Road is a local highway not designed or built for heavy vehicles 3_ Some hcavy vchirles use Yalmear Road as a shorteut to reach West Dryden load_ 4_ Because of its construction and its current condition, I:he high+rr} i not suitable for heavy vehicles_ _ Palmear Road is principally intended to serve local residents and farms, b_ Thc; presence of heavy vehicles on Palmear Road causes excessive wear on the surf$ve and shoulders of the road_ 7. Since Palmear Road was not designed to handle he avy vehicles, the continued use of the road by such heavy vehicles will further materially injure the road by causing excessive wear and tear of the surface and shoulders, thus necessitating expensive repairs at the expense of local taxpayers. 8. The Town of Dryden Traffic; Ordinance permits the town board by order to exclude certain vehicles from town high ays_ Therefore, based upon the foregoing, and in order to preserve and protect the public: health and general welfare of residents of the Town of Dryden, and in an attempt to preserve and protect Palmear Road, the Town Board of the Town of Dryden hereby ORDERS, that trunks, commercial vehicles, tractors, tractor- trailer combinations, tMCtor -serni- Lrailer combinations, or tractor - trailer- semi - trailer combinations with a weight in excess of five (5) tans are hereby excluded from Palinear Ro.id, it is further ORDERED, the Town Highway Superintendent: install the signs required by the MUT D to notify the public of such exclusion, and it is further ORD1 RZID, that such exclusion shall not be construed to prevent the delivery or pick llp of merchandise or other property along said high ;kys. rLd Cl stelick Roll Call Vote Cl Stelick Yes C1 Solomon Yc% upv Sumner Yes Ol Mak;ar Yes C1 1AMer Y eS J Bush reported that he had received a petition of .118 sign$tures requesting a posted speed limit of 45 mph on West Dryden Road from Route 38 to Farrell Road, Supv Sumner said the existi„g speed limit (55 mph) should be enforced first. She never secs any enforcement on that: read and she vwouId be happy to contact the Sheriff and ask for some enforcement_ Cl Page 9 o F22 TB 4 -8 -0 akar said they wi11 have the same; problem at 45 mph if there is no enforcc-,rrient. S upv Sumner said the board will reconsider the pc:i:ition after they have tried some enforcement- J Bush said the residents of Palm ear Road had also requested a 30 mph speed 11rnit- There is no posted speed limit now, so the limit is 55 rnph- The road is about 3f 10 of a mile lang. Cl Stelick asked that a map be prepared showing the speed limits on town roads. This would help the board a "scss speed limit requests. Dan Kwasnowski said one of the upda.tcs he would like to do for the Town's Cornprehensivc Flan is to add a transportation circulation plan that articulates all of the problems the town has experienced over the years and looks at solutions in a more comprch(. -nsive sense, 'Chat type of analysis would help with responses from the state to our requests for lower speed limits, ete- Robertson suggested that sinrc DDT would be looking at Route 366, they may be able to look at other areas at 11he saine tune, With respect to the Red Mill Read Bridge, the State liistoric Preservation, Office ( HPO) is swilling to sign off on that bridge as long as it gets relocated i10 another site, The two sites being considered are the Gen ung Preserve in FreeviIIe and on the snowTnobilt� trail off pringhouse Road. SHP0 seems to favor the Genung Pre '3[_r %>e site. J Bush said l:his would be i,hc easier site to transport the bridge to. S upv 'Sumner said she had been told that having a place for the old bridge makes the replacement bridge prejeci; one step closer to shovel- rendy- There was some discussion about the cost of moving the old bridge, and what, if any, the Town's share }would be- The expense of moving it may be incorporated into the price of the new bridge package, but the `1'o }4Pn should be prepare(] for some contribution. is Ol Stelick said using the bridge to tie the hall fields at Groton Avenue in Frc:rw�ilie to the enung Preserve is an excellent idea- It connects two recreation areas and preserves the past. upv Sumner said the Town rouId contribute some funds. CI Makar said he is not in favor of spending an unknown amount of money on the project. D Kwasnowski noised that if this bridge project is funded Und( .Lr Ilhe stimulus package, it is 1.00%, project- This historic bridge is signific;anL to the community. If the Town could get permission to stare the old bridge, it could then apply for funds for the; project- There are trail fundi.ng sources available. It is important to find a place for it that SHPO will approve right now- M Lone noted that this change in HPO's position is significant- For years they said the bridge could not be moved anywhcrr,. This looks like a good opportunity to get a new bridge- The board asked J Bush 110 convey that the Town of Dryden is in favor of moving the old bridge to the Genung Preserve and that the Town's contribution of funding is not unlimited, but it is open to a proposal if need be- J Bush Laid he received a letter from NYS DOT agreeing to do an investigation with respect to the speed limit on Route 366 in Varna. hc_ DePaT_1:rnn UL i `" s presently in transition, removing snow plows and trying to get at sweeping roads, fixing some of the shoulder d:�mage, ditch cleaning and other issues that develop over• the winter, The DPW Department has finished changing all the ballasts and light tubes in the highway garage. The expense of disposing of the old light tubes at $1 -15 per pound was over $300.00- The Did office %paean in the highway garaac l,a been converted to a lunch room, Page 10 of TB 4 -5 -09 COUNTY BRIEFING Martha Robertson reported there has Ix en a drop in sales tax revenue and earned interest: for Tompkins Cou nty. Tourism money is down 20% in the first: quarter of the year There is good news and bad nCws for cournt]" in the recently adopted state budget. Juvenile detention will be funded at current levels_ Youth services will be funded through the r;urrent formula, but: there will be a 10% cut in fundck_ Funding for bio forro ri sin was eliminated, and the impact to Tompkins County was elimination of one staff person. The County will try to %pread those :functions around to other positions. CHIPS highway aid was restored, but M Robertson %a id they are not sure whether it vwas restored to the enhanced 2008 level or the baseline; 2007 level, The Varna community is pleased about the revised proposals for TCAT routes_ Route 53 has been retained and they have added a midday run. A late bus for TC3 has been added, An area aroixnd Etna area will receive on- demand service. TCAT will be getting 8 hybrid buses from. stimulus funds. With respect to ' rompkins County's budget for next year, M Robertson said that if the County maintains its level of service and taking into account the cuts in reimbursements and other things, they are looking at a 15% levy increase. That is a very preliminary estimate. iRION WIRELESS - continued O S1 atcr ;paid he has consulted with khe; 'Town Attorney and the town's ilelecominunications consultant and he is basically satisfied_ Hr said the board should consider Cl Makar's suggested findings and approval conditions. Those incorporate the 40 comments of the telecommunications consultant, Hilary Lambert of Hinshaw Road thanked the board for its careful wnrk an this and thanked Veriaon for excellent cell coverage. She haq reviewed Cl Makar's document and heard the comments tonight, She said she doesn't see a complete agreemr;nt yet; that there is no right way to do the wrong thing and a cell tower al. this site is the wrong thing for the neighborhood, Verizon is presently working with several municipalities in Tompkins Cou nly and she said it could be handled more effectively of fhe county level_ The siting of this proposed Mower should b+: part. of a county level process. H Larnbrt_rt said Michael Ludgate has consulted with his attorneys, Guttman &, Wallace, and she submitted draft comments by that la }wF ofree on behalf of M Ludgate (attached) , Nancy Morgan read a statement on behalf of a group of residerts_ She said they appreciate the diligence of the board in consideration of this application and thanked them for their emphasis on long -term objectives. They appreciate the sl:ai:t=ont by the Board to Verizon about the: need for better basic coverage throughout the town before enhancing the coverage of an area already provided by service, which is mol9tly in [thaca_ 'rl•1erc arc some cluestions they don't believe have been answered: 1_ How would this tower serve more than a few residents of the Town of Dryden? 2. Can the degradation of this woodland between two protected areas be justified in terms of infrastructure noeds of communities mostly outside the 'Town of Dryden? 3, Hoty can a tower .1.1.4' or 1.18' in height comply with the Town's co- location requirement? 4_ [ 1 the height of this Lower is increased to comply with the co- location requirement, how can it satisfy the Town's preference for an unlighted structure? Page 1 I of 22 TR 44=09 5. How visible would it be? The residents want to see the balloon while the trees are still bare. N M organ said companies like Verizan are used to getting their way and asked whether it was really a win-win situation when they do. The reasoning that Verizon makes the money anti we all benefit from the FrervIC( works only if we forget the value of the actual rather than the virtual c,orn munity, This particular actual community includes a world- famous ornithology iab and bird sant;tuary and a group of families with young children who should not be exposed to the extva health risks. It includes a thriving natural foods store. They think it is rew5onable to ask Verizon to conduct a more thorough and rigorous exploration of alternative sites for this tower_ She said it is appropriate to ask that Verizon find a better site, an to do less would be to cater to the inl;Crests of a large Corporation and abandon those of F.hc neighborhood and the Town. 'They urged the beard to deny Verizxjn's proposal, Stephen Wagner said he se" a less than ideal planning process that: has led us to a rather unfortunate situation, and he's wondering if there's no way out_ He supports a more comprehensive and long -term planning process for towers and other infrastructure_ This pmjeel' could benefit from that kind of long range plan. He understands a lot of work and investment has gone into this project already, but it is not irreversible, With respect to a three - year plan, he said the Tompkins County Council of Governments will be discussing cell towers at its next meeting and he wondered if this project could he tied into that discussion, and perhaps benefit from a coordinated effort. Looking to the future, he encolinaged the board to consult and coordinate with neighboring municipalities about this issue. Wagner noted that same of the findings in Cl Makar's discussion points are not sufficiently proven to him, especially consideration of alternative sites. He asked if Verizon had been asked to think beyond its own narrow concept. If Verizon had not secured the curreni; lease, where would they be? Iie said discussion points don't seem to recognise thy; ecological significance and function of Sapsucker Woods. The board plays a vital role in what the future of the area will look like. David George said that at: the last meeting Vern seemed to be saying that putting up this tower would be the beginning of a process of putting towers all over Dryden, especially in areas that already have excellent i5ervive, but not in areas with little, if any, coverage_ This wt,k; k he iS hearing that instead they ccui use existing taiven l7ut tltcir immccliate goal is put one in their residential neighborhood_ He thinks they don't need a tower in that neighborhood at. all and if their application is denied, lie predicts they will find a new Nice yuiCkly_ For a large company like Verizon, a. die -vial would be a temporar}f setback, but for the residents of the neighborhood facing damage to property values and the character of the neighborhood, the consequences of a tower k oiAld be permanent. Guy Girard said two weeks ago the Five Mile Drive proposa: Planning Board and Verizon was asked to consider placing an ante then build a shorter tower somewhere else_ Verizun't,; attorney �,;a.id phone companies inust be treated as public utilities and cicuinot be system_ Verizon refused that option, and the 'Cow n cif Ithaca asked location, came before the Ithaca rina on the water tank and under f(;derul law cell required to use a split them to look for another Is Girard L5aid Veriznn'�s aim i�; strictly long -term profit and they are trying to dictate what may or may not be required. Verizon is asking the Town of Dryden for some of the most Page 12 cal: 22 Wagner said it has been brought to his attention that the Uhls plan to timber their property, possibly quite extensively, Und the board may want to take that into account_ David George said that at: the last meeting Vern seemed to be saying that putting up this tower would be the beginning of a process of putting towers all over Dryden, especially in areas that already have excellent i5ervive, but not in areas with little, if any, coverage_ This wt,k; k he iS hearing that instead they ccui use existing taiven l7ut tltcir immccliate goal is put one in their residential neighborhood_ He thinks they don't need a tower in that neighborhood at. all and if their application is denied, lie predicts they will find a new Nice yuiCkly_ For a large company like Verizon, a. die -vial would be a temporar}f setback, but for the residents of the neighborhood facing damage to property values and the character of the neighborhood, the consequences of a tower k oiAld be permanent. Guy Girard said two weeks ago the Five Mile Drive proposa: Planning Board and Verizon was asked to consider placing an ante then build a shorter tower somewhere else_ Verizun't,; attorney �,;a.id phone companies inust be treated as public utilities and cicuinot be system_ Verizon refused that option, and the 'Cow n cif Ithaca asked location, came before the Ithaca rina on the water tank and under f(;derul law cell required to use a split them to look for another Is Girard L5aid Veriznn'�s aim i�; strictly long -term profit and they are trying to dictate what may or may not be required. Verizon is asking the Town of Dryden for some of the most Page 12 cal: 22 It 4 =8 -09 beautifuI and sensitive ecological area, land that is valued by ci67z ns and tourists, land with home sites and natural beauty. He asked why Dryden is con %idering irreversibly 'allowing its laird to be exploited and ruined by the giant towers_ There will also be a to kL of bird and animal life_ He said if the Town allows this, it will be forever_ None of the three nP%y cells Verizon is building is for increased accessibility_ ]Martha Robertson said the idea of planning at least Town wide is the right decision, rather than putting up a tower and planning the rest, T Greiner said there is no plan for more towers in three yea.t'a_ He said private organizations have to go town to town. There is no regional planning in the State of New York. Torrkpkins County is looking at the whole county for its own communications_ Verizon is looking area by area. when and where they can deploy the system. That is not only their planning, but is a function of loc al zoning. Disputing Mr. Girard's ginfernent, T Greiner said that under Smile, law does not permit the requirement that a company build two ci1-e� where one will suffice. They did not dI5CLn s Federal law. T Greiner said there is no factual basis for saying there will be loss of birds and anitnals_ This issue has been looked at many I:irnc a_ A professor at Cornell once told him that the biggest threats to birds we re picture glass windows slid farmers. Where a tower could have an impacl: on birds would be a very, very tall tower (15 50 to 2000' NJ 1), bul: they are talking about 114' tower, Bird% of en take advantage of these taxers to rest or to nest. T Greiner said it is pretty much always the case that people in closest proximity in the nature of a public utility wish it were comevwhere else-, whe.th[_r ii: is a hospital, tower, substation or anything that tends to have a public benefit but also has, ill this case, something to mask it or make it invisible, They hive tried 1 :0 pul: these strLi clure% in trees so that much of it will riot be visible_ They've done the best they ca-ti in terms of height and the location to keep it as well screened and obtrusive as it can be. Verizon has looked at alternatives. This is the tsv_st alternative_ it provides the most screening, it is short and provides the right coverage, so they believe it meets the balance between something that is needed and something that could have some impacts_ In response to a question from Cl Leifer, '1' Greiner said i:hat microwave transmission is a line of Night, paint to point, Gr >mmunication betwcen towers. T is unknown which tower the microwave dish on this tower would point to. There is a possibility that Verizon may not put microwawc; dishes on this tower; that has yet to be designed. There was discussion about the use of a monopole and an open lattice tower and which is more visible. T Greiner said the microwave dishes substitute for noble or fiber optic that would transmit back to the switch. He said if the Town didn't want the microwave dishes, they could do il: cither way. Right now they don't have a design for the microwave system, 7,0 dater and Supv Sumner noted this is entirely new information. The application called for the microwave dishes, K Pornpiano of Verizon said the rniern %%?aver cliches are preferred. But they went back to their microwave engineering department and asked if the Town redly didn't want those dishes on the towers, were there plans to microwave this cite in the near future. They said rio, in this Is particular case, they can do it with a hard line. So if the Town doesn't: want microwave dishes on the tower, they don't hoc to have them at this point in time. ]fthey want them in the -Page 13 o F 2, TB 4 -8i 09 future, they will come hack to the hoard with another application_ Microwaves are mare reliable in the event of a storm, bo ever_ new information that the, microwave It was noted that the microwaves dry noL affect bats, Cl Makar said he had been under the impression that the microuyave dish was an important part of I'he application and now it is optional. T Greiner said he wa% trying to address Cl Leifer's cornments. They would much prefer to do the microwave, but were trying to see if the was anything they could do to lessen the visual impact. He doesn't, howcvcr, wane: anyone to think that the T1's are a betfcxr option for any wireless proVider. Cl Leifer said it was his understanding that right now there is nowhere for that microwave to point to, and if 1_here isn't, then perhaps they need to engage in r rnei long range planning so they can pick the proper tower% for the mirrowave arrays. it was confirmed there is no microwave backbone in Dryden, upv S urriner silrotssed thall there could be some regional pianning, even though Verizon would need to go to each town for approvals. Verizon could work with municipalities to develop I ts plans_ M 'Robe .rtson invited Veriron represcnilatives to the Tompkin County Coun6l. of C'rovernrn ents meeting on April 23 where they can discuss a county -vaide plan. T Greiner said it is not feasible for Verizon to stop at this point and engage in a countvwwide planning when it is trying to get sites up that are discreet sites. They are looking to fix defined problems. They are trying to get PCS coverage to incc�ase coverage and capacity_ M Robertson said Verizon had nothing to lose by attending this meeting. Supv Sumner added that Dryden and several other towns will be embarking on a project to plan where towers wiII be needed and sites where they might tolerate having them and t.ry to make the whale process smoother, T Greiner said that as a public utility, there is a recognition of the benefits they provide to public safety and individual safety, not to rnention convenience. The law would require that the site be evaluated on its own merits, K Pompiano noted that they have a. plan for a necessary site and would still be before the board, regardless of what the plan is for the town or the count}, because it it,; what fits in their existing network_ The board took a break at 9;55 p.m. and continued at 10:10 p,m, Cl Makar said that because of the new information that the, microwave array is not necessary at this time and the new maps subrniti:ed, he would like to leave the hearing Open, Atty Perkins said the board has received nex� information including anew bite plan. CI SF.elic;k said the Town has a focal Iaw and the groundwork was 1 _id long before this application was made We have: a, good telecommunications consultant, an attorney experienced in d(:aling with this and have gone through it before in the Town of Dryden. ZO Slater and Atty Perkins have pull a lot of time into this. The board has listened to a ant of people and Beard a lest Of experts, and he thanked the Town staff for giving the board an oppartuniity to make an informed decision_ He asked Atty Perkins 110 explain what the board can and can't do when it has received what is considered a complete application_ Atty Perkins said in 1998 the Town Beard adopted a moratorium on the construction of new towers because we had no regulatory framework in place. There was a lot Of pressure to expand cellular service all that time. The Town hired consultants rind found it necessary to extend that moratorium acid eventually came up with a. local lave in 1995 that was a comprehensive effort to regulate the siting of telecommunications towers, antennas and fa6litie-x_ That local law was repealed and replaced in 2006_ The board has lirnited choices. It Page 14 of 22 TB 4 -8 -09 has to evaluate the aPplicstion it has before it in light of the current local law_ Decisions have to be made based on what the law is, not what the board wishes it would be or thinks it should be, but what is in place. The board must apply what it has heard in public tumments both from Verizon and from those with different opinions_ It. must look at the application and all the submittals and decide whether or not it complies with the requirement of the loral law_ When a use is allowed by a special permit there is a fyre umption that it is compatible with the neighborhood. There is a hierarchy that an applicant must go through to prove that it is, The board has all of that material acid must now rnzdke sorn c findings and conclusions and decide where tv go with it- Cl Stelick said he agrees that the hearing should be left open for one more month because of the possible flexibility of the lease and moving the site mom south and west_ The r_xCra 50' may ma ke a difference and he would like to see more information on it. Gi Leifer said another month would be fair and that should be enough time to get the rest of the information and allow more comment. T CTrriner skid 1'•tlev can quickly show whit it would look like to move the site 0', He said they did the best they could to get the April 3 letter to the board, and asked what else the board wanted Verizon to do, I Solomon said he would like to see what removal of the microwave array would do_ T Greiner they can provide photo simulations with and without the array. upv Sumner said she would like to talk about the locations they will be taking photos from because she thinks some closer to the site would more address the neighbors concerns. D Slater said he and D Kwasnowski think it is a mistake to remove the microwave array because a system can't be created without &Darting somewhere, D wasno ski said going through this again for the microwave dish is not a very good use of the Town's efforts. T Greiner said thc.,y would not put the microwave up until it was absolutely necessary_ upv Sumner said the beard would be going through the discussion pouits prior to the next meeting. T Greiner said there a couple of points they would have issues with, but the vast majority of them are fine, With respect to the one requiring that enzon submit an application(s) for a tower that would cover areas in the town currently with limited or no service, he said they have no plans for at least three years so it would be difficult to �.nmply with the condition_ They could mostly comply with the rest, or already have, Cl Makar asked whether Verizan had ;� ten -year plan for the Town of Dryden. The response was that there are no search :areas issued at this point. for any more sites in the Town of Dryden_ The company directive right now is to provide PCIS service where tMy have existing coverage, not expanding their 850 footprint. At this paint there are no plans tar the next live to eight years for any mare towers in the Town of Dryden. Man a gum ent could change their minds, but right now there is nothing beyond the current application_ T Greiner said Verizon could commit to telling 111•i r, town every two y( gars whether their plans have changed_ T Greiner said the other problem may bu that they could move the site 100' south and west, but couldn't go further than that_ K Pompialio noted the reason they moved the tower Page 15 of 2 0113 4 -5 -0 50' was bccousc their FAA approwd would still be valid within 50', Moving it more than that. would trigger a new FAA approval. T Greiner ;mdd they would do a written response to Cl Makar's discussion points_ upv Sumner said Verizon should proceed as if the board could go either way with the microwave on thy; tower- She would like to see photos as if they wore taken from the neighbors' ,}yards so she can see the impact, on the neighborhood, Cl Makar said doing the; balloon test in the suinmer without any of the neighbors knowing about and taking pictures from four or five strategic; locations wasn't the best first step in introducing themselves to the neighborhood_ Doing a balloon test in the winter when r.he .Lrr.L arr no leaves and the neighborhood knows the day and time of the balloon test %611 gives them a good idea of what the tower will look like in the new location at 114" Iie said if that could be scheduled between now and next town board rneeting so that everyone can see wh;01 il. looks like from a number of areas, that question could be eliminated. $I-L ]V SUrnner skid I.hev expect the tower to he designed to accept an extension with the understanding that an extension requires a whole new permit process. There were no furtlier comments, and taie hearing was left open, ZONING DEPARTMENT O dater said he would like to move forward with making the GIS Technician a permanent position_ There is money in the budget to cover the salary_ The person currently in the position as an independent contractor has created the new town snap, done work for the recreation department and assisted the L:nvironmentat Planner_ ZO Slater said he has ]earned a lo l. about Scographical information systems and how to use them from him )Fle would like Josh Bogdan to become a permanent: member or the team, D K asno ski said a lot of his work is dependent on good data and field work. He quickly found out that as much as everyone needed that information to make- good decisions and formulate policy, he didn't. have time with al of the other work that he has to do. It is time- consuming work. They started with an intern with the stormwater work, then they went full time u=ith a project assistant:_ That. position with Civil Service runs out in June_ The position has kind of taken on a life of its own, and D Kwasnowski said it is worth it to the department to have this position, 5upv Sumner said she wished there was a process for the personnel committee to comment on these types of things when they come up, but that needs to be developed. She noted it is the position, not the person in it, that they are promoting. RESOLUTION #83 - ESTABLISH GIS TECHNICIAN POSITION C MAkar offered the following resolution and asked for its adoption= WHEREAS, the Town or Dryden established compliance under the New York State Civil Service Agency to quality employment position% in the Toxvn of Dryden in accordance with Section 22 of Civil Service Laws, 1�ulcs and Regulations; and WHEREAS, by regulation of Civil Service Lake the Town roust create a position and approve the job description before making an appointment; Now, therefore, be it Page, 16 of M 4 -8 -09 RES01xVV)r that the Town Board of the Town of Dryden does hereby establish the following position in accordance with the applicable New York Sate and Tompkins Coungr Civil c:rvi[ [ rules= 1 _ The Following position i e%fablished and the position xs in the competitive ciass pursuant to Section 44 Yes of the Mokar Civil Service Law: (a) Geographic Information Systein Technician And be it further RESM'VED, the Personnel Officer is directed to coordinaile any necessary filling with Tompkins County Personnel 1>�TArtment to obtain certification of the position_ 2nd Cl W.liCk Roll. Cull Vote Cl Stelick Yes Cl Solurnon Yes Supv Sumner Yes Cl Mokar Yes Ol Leifer Yes Cl Makar r .Lncouraged people to come to a Conservation Board meeting to see what.losh Bogdan has been able to do with maps of the town. ZO dater said they will be adding layers that show environment; )l sensitivities, Cl Leifer asked whether this was a position that they anticipated needing several years down the road. D Kwasnowski said there will be projects for several years to come_ There is work to be done on the recreation master plan, among other things_ The new permit system they are looking at in the Zoning Office will likely be manaS6,d by the GIS Technician and that it will integrate with the CIS system. He will also be available to train board members and Others to use the systems, The position has expanded from a projec.il assistant to this more general. Loom -wide application_ The position will be valuable in grant applications. ID KwaMowskl said there is money in the budget for taking the; open space inventory cmd creating an open space plan. 'There is a graduate student at Darnell who has been recommended to work as are intern on this program_ He would like to bring her on as a summer intern, and Cornell may provide matching funds. He will have a resolution to appoint her to the, position next month, The project assiNtant position already exists. RESOLUTION *84 - APPOINT J BOODAN TO GIS TECHNICIAN POSITION Cl Makar offered the following resolution 0 n asked far its adoption; HFREAS, the Town of Dryden has established the position of Geographic Information System '1'hnician in accordance �42th applicable New York estate laws and the civil Service 1u1es for Tompkins Courkt.} ; and HERFfAS, said possition is established in the competitive class pursuant to Section 44 of the Civil Service Law and I:he; Civil Service Rules for Tompkins County, which requires the indi6duaI occupying the position 1;o pass a civil Service exam; and 0 NOW, THEREFORE, BE IT Page 17 o1: TB 4-8-09 RESOLVED, that this Town Board dues hereby provisjunally appoint, in accorda -nce with applicable Civil Scnicc laws, rules and regulations, Joshua Bogdan to competitive class status in the title of Geographic Information System Technician. 2A el Stelick Roll Call Vote Cl Stelick Yes Cl Soloman Yes upv Sumner Yes Cl Makar Yes Cl Leifer Yes Operating permits wild be disc -mc d next month, Supv Sumner noted there rare fivc nevw applications for weatherization projects. T 3 and AT&T will be on the agenda in May for their cell tower applioation- ENGINEERING► Jack Bush said A Sciarabba left because of the late hour and askod hirri to report, With respect to the salt 9LOrage building, they are waiting for drier weather to get the detention area finished. One corner of the concrete foundation has been chipped and another area is cracking. There has hcen a recommendation for fixing that, Nit it has to be 45 degrees or warmer, sty TG Miller has recommended ilhO: they wait for warmer weather- ATTORNEY Atty Perkins provided board members with a craft summary of all of the local laws that have btCun adopted by the Town of Dryden since municipalities were first given local law power in 1.976, The Token hay adopted 83 local laws- He anticipates taking the irnoNt important of these local la w�;, those most often referred 1 :0, and putting together a booklet. Some inU resting observations- There were several years when there no local laws passed at all (1978, 1979, 1.956, 19967 19", 2603 acid 2065 ; - Six local laws were passed in 1992, 1998, 2000, and 2008- Pive local laws were pu%95ed in 1989 and 20071 Two of the local laws wt--rc subject to permissive referendum (effective after approved at election)- One local law was subject to a mandatory referendum (having to do with increasing the term of the Town Clerk) - Atty Perkins noted I:his is not an index of the Town's Ordinances- Supv Sumner noted th(}re are several local laws that repealed or amended previous local law s. It xvas sugge sted it inav be helpful to Ikave these on the Town's website Page 18 o r 22 TB 4-8 -o UNFINISHED BUSLNESS Supv Sumner said she had hoped to have a }proposal for the Town Historian, but cues not yet have that. She is going to advertise for a historian with a generic description. Harry Weldon has already expressed an interc;st._ She, is hoping to gel, a va.rie y of applications, NEW BUSINESS Supv Surnuer said she was sorry that M Blanconi was not able to stay to address the Borg Warner sport.% field, but it sounds like the softball Mayers don't have a proposal yet_ Shr- said there are some concerns about sponsoring events an ftclds that may not be safe. upv Sumner said that both Melissa Biancont and Andrew Pi erce kook their civil service exams and both placed first on their respective liSi's_ She asked that they be formally appointed Co their positions, RESOLUTION #85 - APPOINT D»I`OR OF RECREATION Cl Makar offered the following resolution and asked for its adoption- WHEREM, the Town of Dryden established the position of Director of Recreation in accordance with applicable New York SuLte laws and the Civil Servicc Rules far Tompkins County, and I3EREAS, said position is established in the competitive class pursuant in Section 44 of 1 he 1vi1 Service Law and the Civil Service mules for Tompkins County, which requires the isindividual occupying the position to pass civil service exam; and WHEREA , Melissa Bianconi took and passed the required exam for this position; NOW, THEREFORE, BE IT RESOLVED, that this Town Board hereby appoint, in accordance with applicable Civil Service lawt5, rules and regulations, Melissa Bianconi to permanent crmpe Ili tive class status in the title of Director of Recreation. 2nd Cl Solornon Roll Call Vote Cl Stelick Yes Cl Solornorl Yes upv Sumner Yes Cl Makar Yes Cl Leifer Yes RESOLUTION #86 - APPOINT RECREATION COORDINATOR C] Stelick offercA the following resolution and asked for its adoption: Id2RFAS4 the, Town of Dryden established the position of Recreation Coordina11or in accordance tivith applicable New York State laws and the Civil Service Rules. for'rompkins bounty; and WHEREAS, said position is established in the competitive class pursuant to Section 44 of the Civil Service. Law and the Civil Service Rules for Torn pkins County, which requires the individual occupying the position to pass a civil service exam, and ,Page 19 o F ? T13 4 - -0 WHEREAS, Andrew Pierce took and pawned thc_ requirc_d cxarn for this poalt'ion; [VOW, THF.REFORF, 5F, ]T RE OLVED that this Town Board hereby appoint, in accordance with applicable Civil Service laws, rules and regulations, Andrew Pierce to permanent competitive class status in the title of Recreation Coordinator, 2 tI Cl Salomon Roll Call Vote C] Stelick 'Yes C] Solomon Yes Supt/ Sumner Yes C] Mokar Yes Cl Leifer Yes om unity Center Grants - applications. Infrastruc;i'Ure. requests Community Association - $11,200.00 in Etna; Varna omm'unity Associa.tic $9, 500.00_ Infrastructure awards; Cl Leifer reviewed the Community Center Grant were: Dryden Community Center Cafe - $4,690.00; Una exclusively for replacement of the playground at the park m - $22,000.00; Ellis Hollow Community Association - Dryden Community Center Cafe - $4,600.00 for food preparation equipinent, sink and shove! installation in the food preparatio>7 area_ Etna Community Association - $8,273.00 for the main structure of the playground_ Ellis Hollow Community Association - $6,027.00 for bandstand decking, new speakers for Music in the Ht>]lotiv and they can either purt;hase signs for the center or use funds toward the pool fencing_ Varna Community Association - $6,1 00,00 to fund hand rails, lighting fixtures and kifrherr ceiling repair_ sa n.ch center will receive $2,500 Board hereby for program/ capacity development. kif..Lthel Grove did not submit an application, though they wcre contacted on more than one occasion. RESOLUTION #87 - APPROVE COMMUNITY CENTER GRANTS Cl Leifer offered the following resolution and asked for its adoption_ RESOLVED, that this Town Board hereby awards the following community center Z -mats and the'1'own Supervisor is authorized to execute the contracts for the same: Dryden Community Center Cafe - $2,500,00 for pmgriunf capacity development and $4,600.00 for infm.structure assit5 tance; Fllis Hollow Community Association - $27500.00 for program /capacity development and 6,027,00 for infrastructure a�sistarice; Etna Community Association - $2,500.00 for program /ca pacitv development and $5,273.00 for infrastructure assistance; and Page 20 of 22 TB 4 -8 -09 Varna Community Association - $2,500.00 for program /capacity development and $6,100.00 for infrastructure assistance. 2nd Supv Sumner Doll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes Cl i4lakar Yes Cl Leifer Yes Cl Stelick said the application process went well and the infrastructure applications were very detailed. He said Etna's request was right in the spirit of the initial reason for putting this in place. Putting this playground in will make more things happen at the park and at the community center. He thanked the board for putting another $10,000 in the program and said it was being well spent. Cl Makar said it would be nice to have photos of the work that was done last year. Cl Leifer said in the future the program applications will be viewed in light of how they mesh with the Town's recreation programs. Fonds for newsletters may not be approved in the future program funding, though tie added they are a valuable resource. With respect to the infrastructure grants, C1 Leifer said there will be a time when one center gets a $15,000 grant because the smaller projects at the centers will have all been addressed (probably within the next five years). When that time comes the money can go to a central facility, for maintenance or such. It was noted that Ellis Hollows may not want to repair their building in the future because they are looking to replace the building. The board will have to decide how to assist with that. Cl Leifer said there is a portion of stimulus money for rural community centers in the infrastructure category, and if we can get any money for an existing grant program through this, it can accelerate a lot of the projects and would mesh well with the recreation master plan. Supv Sumner thanked Cl Stelick and Cl Leifer for the time they put into reviewing the grant applications, and Cl Stelick for making sure there was money in the budget. Supv Sumner said that. at the rreeville Village Trustees meeting she learned that Freeville has a community council. They will be looking at the program and seeing if there is someway they can benefit from it. Cl Makar noted that Varna's application does not say who is going to do the work and it would be nice to know that. Other applications list it. Cl Stelick asked Supv Sumner to get that information when the Varna Community Association is sent their contracts. Impact of Gas Drilling on Local Roads - Atty Perkins said the Town has an existing traffic ordinance. He is going to look at items suggested for regulation with respect to gas drilling and the board may want to add to the traffic ordinance or pass a local law. This would only affect town roads. With respect to regulation of industrial and commercial uses, the board needs to do some review, particularly with respect to noise, light:, dust and odor because these impacts associated with drilling are temporary in nature. Page 21 of 22 rrB 4 -8 -09 The Town already has a comprehensive Stormwater Prevention Plan Ordinance. With respect to regulation of accessory structures, he is going to ask ZO Slater to review that. The Town has a list of Unique Natural Areas, Atty Perkins will report next month. M Robertson said the County has put together a task force to look at: this issue. TCCOG is also forming a subcommittee to work on this. It was clear from the meeting on April 30 that everyone would benefit from working together in addition to reviewing its own ordinances. The Water Resources Council and the Environmental Management: Council each have committees of their own on gas drilling. COMMITTEE REPORTS Emergency Services Committee - No report. Personnel Committee - No report. Supv Sumner would like to havr, a performance review process in place. a topic. Finance Committee - Will be meeting on the 291 ". Special district consolidation may be Technology Committee - C1 Makar has distributed the minutes of the last few meetings. MUD Loans & Grants Committee - Those minutes have also been distributed. Recreation /Youth /Community Centers Committee - Met to review the grant applications. RESOLUTION #88 - APPROVE ABSTRACT #4 Cl Makar offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves Abstract #4, as audited, vouchers #229 through #338, totaling $265,032.50. 2111' Cl Stelick Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes CI Makar Yes Cl Leifer Yes Cl Makar said he would like to hold a few town board meetings in other locations as was done last year. He will contact potential sites. There being no further business, the meeting was adjourned at 11:26 p.m. Respectfully submitted, /lBambi L. Hollenbeck Town Clerk Page 22 of* 22 • GUTTMAN & WALLACE ATTORNEYS AT LAW 411 North Tioga Street ITHACA, NEW YORK 14850 607-272 -2102 CHARLES GUT I'MA.N RICIIARD M. WALLACE 1111ARY WILD April 07, 2009 Michael and R.aylene Ludgate 223 Canaan Road Brooktondale, NY 141317 Re- Verizon Tower Dear Michael: I - T Buz /��P Lud�a� [UMA(171 (607) 272,2350 Service of papers by jar not accepted Enclosed please find a brief outline of some of the points I wanted to talk to you about regarding the Verizon tower. Please look this over and get back to me with questions/comments. CGlrlt Enclosure Very truly yours ttman NOTES REGARDING VERIZON TOWER ON HANSHAW ROAD VISUAL IMPACT: It should be pointed out that visual impact as shown on photographs with the balloons is very misleading. NEIGHBORHOOD OPPOSITION: The petitions/lots of people from the neighborhood object as to how the tower will negatively impact their property. MIGRATORY BIRDS: It should be pointed out that the tower is likely to have an impact on migratory birds. It appears the subject has been studied by Bill Evans, a local expert on Migratory birds. He should be contacted to see if he has information which might be useful. HEALTH HAZARDS OF RADIATION: There are articles in the materials which Mike gave me which address this issue. ITHACA TOWN RECORDS: It is apparent that the Town of Ithaca, for some reason, has refused to allow the tower to be there. The Ithaca Town records should be investigated with Hilary Lambert who apparently is already looking into this issue. ACCESS ROAD: It should be addressed the extent to which the access road is potentially a hazardous situation. SPECIAL PERMIT: The application is for a permit which is discretionary with the Town. Verizon needs to show that there is a need for the facility to eliminate service gaps. From the information I received, it is unclear whether they have adequately demonstrated this need. There is some engineering information in the application which addresses this need but, from a quick review, at least arguably, this entering information is not sufficient to adequately demonstrate the need. Without demonstration of need the Town is within its rights to deny the special permit. AVAILABILITY OF OTHER SITES: There are other potential sites, especially on hills near where the proposed tower will be which would have a lesser visual impact on the neighborhood. Some of these may be less accessible and therefore more expensive to develop but that is not an adequate ground for failure to adequately address potential of using other sites. Verizon provides a site plan and has propagation studies of this and other proposed sites. However, they have, arbitrarily only looked at a few OI sites near the intersection of Sapsucker Woods Road and Hanshaw Road. I AFT There may be other sites, farther from that intersection which may also address the gap in services. It does not appear that Verizon has looked at this question. There is a hill northeast of the section of Hanshaw Road and Sapsucker `Foods Road which has an elevation in excess of 1, 1,00 feet. It is unknown, and apparently unaddressed how a tower on the top of that hill would address engineering concerns even though the "gap in services" is apparently in the area of Sapsucker Woods Road, considering the projective height of the tower, the tower and location a mile or two from that intersection may have the same effect, on meeting the gap in service. Since one of the goals of Verizon is to minimize the visual effect, it is important for them to look at other potential sites and not just start out with a few sites and then stop there. They start with the assumption that the search area is along Hanshaw Road. This is not necessarily a valid assumption and there may be sites some distance from Hanshaw Road which would meet the alleged gap in service and have a lower visual impact. It appears that if they went in a southerly /southwesterly direction they would be considering a much less populated area and that should be investigated. In this connection, Henry Slater raised certain questions which were apparently or allegedly addressed in a letter from Nixon Peabody (Jared Lusk) on December 8, 2008 question 23 stated that the search area on the map has a diameter of only 3,100 feet or approximately .6 males which is quite small for a suburban /rural area of this nature. The response is that the size of this area is typical for a PCSL. It is irrelevant what the industry chooses to call typical. The question is from an environmental point of view is this appropriate. This point is particularly important because while they name several potential sites within the search area, they eliminate sites 2-5 and site 8 because they are owned by Cornell University and eliminate other sites because the owner is not interested in selling. The fact that most of the potential sites they have identified they immediately eliminate because they are not apparently for sale means they have not investigated a number of sites. With regard to site 7, near the water tower, they eliminate the site because the Town says they are not interested. Why is the town not interested? If Verizon was going to offer more money to the Town or to one of the other prospective owners could their opinions be changed. Another possibility is to go closer to the airport. They are reluctant to Omove closer to that airport because of the effect on air transportation but it does not appear they have adequately investigated this question. In this connection, the Tompkins County Department of .Manning memo of October 30, 2008 should be looked at where there is a recommendation that an FAA review should be completed and submitted. Apparently that review has been done but not completed. Similarly, with regard to Tompkins County Planning comments regarding the impact on avian communities, the County recommends that the Laboratory of Ornithology be consulted because the lighting affixed to the structure may affect avian communities. They respond that since the proposed tower has been designed at a height of 118 feet they avoid the necessity of installing FAA lighting. Idowever, there is still the question of how this tower will impact avian communities and the Laboratory of Ornithology should still be consulted. The ne$t County- comment is regarding specific location of the tower .states that it is very close to adjacent residences just north of the parcel. The County recommended that the tower be moved towards the center of the parcel and closer to Hanshaw Road in order to reduce the impact on neighboring residences and should be sited so as to minimize its visibility from Hanshaw Road and adjacent residences. Verizon's response is that the location was determined by the landowners during these negotiations. This suggests that the exact siting was determined by Verizon and the landowner and therefore determined, at least in part, how cheaply they could acquire the use of the land. It appears they have an obligation because of the visual impact to adequately address all potential other locations. They have not done this but instead have focused on a few locations which they arbitrarily determined were possible and then eliminated almost all. of these because the landowner (usually Cornell University) was not interested in selling. If they expanded the circle within which potential sites could be located, they would have a great number of additional possible locations which need to be investigated. 3 Tcwn cf Dryden Town Board Meeting April 8, 2009 Name - (Please ,rin) Address or Board clk.OA o rj 64;word r vLZc !X (ayu I.ambear— 1fo�b N 1 vi QJVS O sc- �1 I q To( tLj Nc I I 6C)t M eq I Dow S4LA 4cG r. I I z PSI y* flo^, t r 4 -8 -09 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. Name 0 o Sc__ Q v r`c Address I4 A4 it 05/07/2009 .11:48:3? MONTHLY REPORT OF SUPERVISOR # T TOWN BOARD OF THE Town of Dryden: Suant to Section 1.25 of the Town Law, I hereby render the following detailed statement all moneys received and disbursed by me during the m©fth of April, 2009: DA'1'1i:D: b4ay 7, 2009 SUPERVISOR Balance Balance 03/31/2009 Increases Decreases 04/30/2009 A GENERAL FUND - TOWNWIDE CASK - CHECKING 25,588.20 15:.'s,428.90 241,403.75 :1,13,198.99 65,818.11 CASH - SAVINGS 51'107,058.74 87,974.85 DA HIGHWAY TOWNW41DE 123,082.29 5,6711951.30 PETTY CASH 600.00 0.00 0.00 600.00 PETTY CASH - POSTAGE 2,816.22 0.00 0.00 0.00 113,982.74 2,816.22 Page 1 TOTAL 5,736,063.16 241,403.75 236,281.28 5,741,185.63 DA HIGHWAY TOWNW41DE FUND CASH - CHECKING 0.00 113,982.74 113,982.74 0100 CASH - SAVINGS 1,589,257.61 1,187.61 113,982.74 11476r462.48 TOTAL 1,589125 ?.61 1151170.35 227,965.48 1,476,462.48 GENERAL - OUTSIDE FUND �B CASH - CHECKING 0.00 3 ?,469.78 37,469.78 0.00 CASH - SAVINGS 552,533.56 41247.33 37,469.78 519,311.11 PETTY CASH - POSTAGE 2,602,74 0.00 0.00 2,602.74 TOTAL 555,136.30 41,717.11, 74,939.56 521,913.85 OB HIGHWAY OUTSIDE FUND CASH - CHECKING 0.00 1 ,944.61 13,944.61 0.00 CASH - SAVINGS 1,146,272.66 329,962.12 1.3,944.61 1,462,290.17 TOTAL 11146,272.66 343,906.73 271889.22 11462,290.17 SF1- DRYDEN FIRE DISTRICT CASH - SAV114GS 4691948.93 285.87 0.00 470,234.80 TOTAL 469,948.93 285.87 0.00 470,234.80 SL1- VARNA LIGHTING DISTRICT CASH - CHECKING 0.00 286.85 286.85 0.00 CASH - SAVINGS 4,8:1.1.3 "i 2.75 286.85 4,527.27 TOTAL 41811.31 289.60 573.70 41527.27 SL2- ETNA LIGHTING DISTRICT IsCASH - CHECKING 0.00 232.66 232.66 0.00 CASH - SAVINGS 4,125.01 2.37 232.66 3,894.72 TOTAL 4,125.01 235.03 465.32 3,894.72 Page 1 MOtNTHLV REPORT OF SUPERVISOR Balance Balance 03/31/2009 Increases Decreases 04/30/2009 �L3- MEADOW /LEISURE LIGHTING CASH - CHECKING CASH - SAVINGS SM AMBULANCE DISTRICT CASH - SAVINGS TOTAL 01,00 3, 25:1..42 199.68 1.86 1,627.95 199.68 199,68 200.71 0.00 3, 053.60 0.00 31251.92 201.54 399.36 TOTAL 329,945.95 3,053.60 00 329,945.95 1,627.95 200.71 0.00 330,116.66 1,627.95 TOTAL 329,945.95 0, 00 52, '758.0"+ 200.71 0.00 0.00 71076.3? 330,346.66 71076.37 SS1- SAPSUCKER SEWER - UNITS CASH - SAVINGS TOTAL SS2- VARNA SEWER - UNITS CASH - CHECKING CASH - SAVINGS TOTAL SS3- CORTLAND RD SEWER CASH - CHECKING CASH - SAVI14GS POSTAGE 51,130.12 1,627.95 0.00 52,758.07 5:1„ 130.12 1,627.95 0, 00 52, '758.0"+ 0.00 0.00 71076.3? 6,223.50 71076.37 0.00 174,647,74 6,594.19 7,076.37 179,165.56 174,647,79 13,610,56 14,152.74 174,165.56 0.00 186.02 :186.02 0.00 203,391.12 0.00 9,135.84 6,223.50 186.02 212,890.94 50.62 0.00 0.00 50.62 TOTAL 203,391,74 9,921.86 372.04 212,941..56 SS4- MONKEY RUN SEWER CASH - CHECKING 0.00 6,223.50 6,223.50 {1.00 CASH - SAVINGS 209,100.04 1,440.91 6,223.50 204,317.45 TOTAL 209,100.04 7,669.91 1.2,447.00 204,317.45 SS5- TURKEY HILL SEWER CASH - CHECKI14C CASH - SAVINGS 190,637.31 0.00 57,252.35 31609.57 7,252.35 57,252.35 136,994.53 0.00 TOTAL 190,637.31 60,861.92 119,504.70 136,994.53 SS6- PEREGRINE HOLLOW SEWER CASH - CHECKING CASH - SAVINGS 95,405.60 0.00 478.75 350.24 478.75 478.75 95,277.09 0.00 TOTP1.1s 95,405.60 628.99 957.50 95,217.09 SS7- ROYAL ROAD SEWER CASH - CHECKING O CASH - SAVINGS 25,185.18 0.00 1.26.00 0105, 4,1. 126.00 126.00 25,367.59 0.00 TOTP.L 25,185.18 434.41 252.00 25,367.59 SW1- VARNA WATER Pz1ge 2 MONTHLY REPORT OF SUPERVISOR Balance Balance 03/31/2009 Increases Decreases 04/30/2009 CASH - CHECKING 0.00 13,4-7 0.74 13,470.74 0.00 CASH - SAVINGS 321,006.21 16,222.90 i3,4 -70.74 323,758.37 TOTAL, 321,006.21 290693.64 26,941.48 323,758.37 SW2- SNYDER HILL WATER CASH - CHECKING 0.00 2,332.59 2,332.59 0.00 CASH - SAVINGS 67,438.83 .1 t239,01 21332.59 66,345.25 TCTAL 67,438.63 3,571.60 4,665.18 66,345.25 SW3- MONKEY RUN WATER CASH - CHECKING 0.00 6,124.27 6,1.24.27 0.00 CASH - SAVINGS 202,499.03 4,124.47 61124.27 200,499.23 TOTAL 202,499.03 :1,0,248.74 12,248.54 200,499.23 SW4- HALL ROAD WATER CASH - CHECKING 0.00 3,069.80 3,069.80 0000 CASK - SAVINGS 331653.51 2,105.67 3,069.80 32,689.38 TOTAL 33,653.51 5,175.47 6,139.60 32,689.38 SW5- TURKEY HILL WATER CASH - CHECKING 0,00 3,502.05 3,502.05 0.00 CASH - SAVINGS 1.9719031. 58 61188.14 31502.05 200,617.67 TOTAL 197, 931.58 9,690,19 71 004 .1.0 200, 61.7.67 SW6- ROYAL ROAD WATER CASH - CHECKING 0100 993.54 993.54 0.00 CASH - SAVINGS 270904.48 :1.89.16 993.54 27,100.10 TOT" 27,904.48 1,162.70 1,987.08 27,000.10 PN MCARTHUR SPECIAL RESERVE CHECKING - SPECIAL RESERVES 2,922.90 0100 0.00 21922.90 TOTAL 2,922.90 0100 0.00 2,922.90 CD REHABILITATION LOANS AND GRANTS CASH - CHECKING 205,584.23 21957.26 126.73 208,412.66 TO4FL 205, 584 .23 2f957.16 128.73 208t4:1,2,66 H CAPITAL PROJECTS - TOWN HALL CASH - SAVINGS 1, 008.54 0.61 0.00 10009.15 TOTAL 1,008.54 0.61 0.00 11009.1.5 �A AGENCY FUND CASH - TRUST & AGENCY 7,604.97 1.111940.62 111,330.62 8,214.97 TOTAL 7, 604.97 1110 940. 62 1;1.1, 330. 62 80214,97 Page 3 MONTHLY REPORT OF SUPERVISOR Balance Balance 03/31/2009 Increases Decreases 04/30/2009 MISC SPECIAL REVENUE /MCARTHUR CASH - SAVINGS 22.03 0.00 0.00 22.03 '1TCT AL HB CORTLAND ROAD SEWER BAN CASH - SAVINGS TOTAL 22.03 0.00 0.00 22.03 24,798.65 0.01) 0.00 24, 98.65 24,793.65 0.00 0.00 24, ?98.65 TOTAL ALL FUNDS 11,880,685.10 11 012,881.52 881,645.23 12,011,921.39 Page 4