HomeMy WebLinkAbout2009-12- 9N
12 -9-09
TOWN OF DRYDEN
. TOWN BOARD MEETING
December 9, 2009
Present: Supervisor Mary Ann Sumner, Cl Stephen Stehek, Jr., CI Joseph
Solomon, Cl David Makar, Cl Jason Leifer
Elected Officials: Bambi 1.,, Avery, Town Clerk
Jack Bush, Highway/ DPW Superintendent:
Other Towq-i Staff: Mahlon 12. Perkins, 'Coven Attorney
Henry Slater, Director of Building, Planning, 8; Environmental
Dan Kwrasnowski, Environmental Planner
Supv Sumner opened the meeting at 7:00 p.m and board members and guests
participated in the pledge of allegiance.
There are no public hearings.
the waiver of certain Town of Dryden
Program will not be held because the
rescheduled for next month.
PRESENTATION
The public hearing on a proposed resolution regarding
fees in connection with the Dryden NOME Rehabilitation
notice was published in the wrong newspaper. It will be
Steve Penningroth, Director of the Community Science Institute, and Dave Weinstein,
President: of the Hoard of the Community= Science Institute, were present. Mr Penningroth gave
a presentation on the water quality monitoring programs that are performed with volunteer
groups. Currently they have groups monitoring seven watersheds. The Fall Creek Watershed
group collects samples in Fall Creek and Virgil Creek. The monitoring program is dependent
on volunteers, and without them there would be no program,
Volunteers collect: samples along the entire length of
each other. This provides a snapshot of the water quality of
makes it possible to profile water quality the entire length of
Creek Watershed was displayed showing the locations of the
since been added). There are three sampling stations in the
a stream within a few hours of
the stream on a particular day and
the stream. A map of the Fall
1.3 monitoring stations (one has
Virgil Creek watershed.
S Penningroth said the water quality in tributary streams to Cayuga Lake generally is
quite good, including Fall Creek and Virgil Creek, but not perfect. The monitoring done by the
Community Science institute has documented a few issues that need to be paid attention to so
that: they don't develop into larger problems down the road.
The volunteers collect samples at the same locations several times a year using a
standard protocol, under both base flow conditions and stormwater conditions. The samples
are taken to the Community Science Institute lab in Lonsing where they are analyzed for about
a dozen water quality parameters, including bacteria, phosphorus, nitrogen, minerals and
sediment. The results give concentrations of water quality information. This can be used to
establish the average concentrations e -coh and phosphorus and other indicators at the specific
locations on the strearn on base flow conditions and under stormwater conditions. A profile of
the stream can then be established. Potential sources of contamination can then be identified
based on rises in concentrations and investigated.
Page I of 18
12-9-09
in one instance, a rise in contaminants at a collection on Davis Road was traced back
® and determined to be due to a farm on a tributary upstream that was creating a runoff of
phosphorus, a -coli and nitrogen in high concentrations. Another rise in phosphorus at Freese
Road is probably due to the ero&ng stream banks at Monkey Run. A third rise at Cayuga
Street is suspected to be caused by urban run off. He added that all the concentrations of
phosphorous at all locations monitored in Fall Creek exceed the concentration in southern
Cayuga Lake. fall Creek is a. net contributor of phosphorous to Cayuga Lake,
The voluntary monitoring data collected and organized by the Community Science
Institute is dependable and can be used by local governments to make decisions about
managing water resources. The data sets for Frill Creek extend back to 2002 and reflect water
quality trends. Because: volunteers collect the samples, it is less costly than other options.
The volunteer monitoring programs help Towns meet the public participation
requirement: for storrnwater management. New York State agencies, realizing they don't have
enough data to do everything they would like, are willing to accept data from citizen monitors
as long as the quality control measures are in place.
The cost is very low. The program run by Community Science Institute costs roughly
$26 per data item. (The cost for information for Lake Source Cooling is about $80 per data
item.) The data is put online and made available to government officials and scientists for
evaluation. The Town of Dryden contributes about half the cost: of monitoring Fall Creek and
Virgil Creek (about 15% of what it cost to produce the same data by a private consulting firm).
Elsie Gutchess, independent historian, said she participates in monthly historian
meetings with Carol Karmen, Tompkins County Historian, where historians share information
and work on projects. This past: summer the group put. together a book called "Tompkins
County, New York, images of Work and Play ". Appointed Historians and /or their Deputies
from each municipality, together w-ith independent historians attend these tneetings. A coPy of
the book was given to the Town. She said most of the towns have appropriated funds to cover
the cost of the book. Unfortunately, for about the past ten years Dryden has not had an
appointed historian that cared to get involved in the projects, so she frequently serves as the
fall -back person for Dryden. This is about the 511' printing that she has worked on for Dryden
and she said it has been a pleasure.
Peter Davies, 755 Snyder Mill Road, is concerned about: the possibility of hydrofracking
in the Town of Dryden. Comments can be submitted until the end of the month to the NYS
Department of Environmental Conservation. He urged the Town contact DEC and urge them
to throw out the current draft Supplement Generic Environmental Impact Statement and start
over because of the deficiencies in the docurrent.
Water is Dryden's most: valuable resource. Most of the residents in Dryden depend on
wells for their water. In areas where hydrofracking has occurred, 2% to 8% of the wells have
become contaminated. The dSGEiS states "Use of these sources for drinking water (referrng to
wells and springs) is discouraged and should be considered only as a last resort with proper
protective measures ". The water used for fracking contains many toxic chemicals, one of
which is hexavalent chromium, one of the most: toxic, carcinogenic and mutagenic compounds
known. It is used to prevent pipe corrosion and was the subject of an investigation by Erin
Brorkovich in California. She has already detected contamination by hydrofrack_i_ng in parts of
Texas.
The Marcellus Shale is
radioactive. The EPA
has measured values
of radioactivity for
flog +back wager of 9,000 times
the natural radiation
in normal well water.
The DEC in their
® document trends to regard this
as non - important.
Page 2 of 18
12 -9 -09
The recovered
gas is
rich in radon, but there is no mention of radon in the dSGEIS.
According to the EPA
radon
is estimated to cause
21,000 deaths per year and is the second
most frequent cause of lung
cancer after cigarette
smoking.
It should be noted that dSGEIS regulations are simply suggestions. Companies will
ignore suggestions in favor of profits. DEC regulations should specify "shall" rather than
"should".
The Dryden Town Board is urged to enact. whatever possible local ordinances to protect
citizens from contamination of wells and associated industrial noise of drilling and gas
compression including mandatory setbacks in all non - industrial zones, noise ordinances, and
protection of critical environmental areas. The Town should insist ghat all drilling operations
obey the rules of the NYS Radiation Safety Office; including disposal of all radioactive materials
at US approved radioactive disposal sites.
David Bravo - Cullen, 28 Lee Road, suggested that citizen appointments to various
boards and commissions of the town be limited to a person serving on one board at a time for
the purposes of involving as many citizens in town decision - making as possible. He
understands that there are vacancies coming up for appointment tonight and there are several
people interested in serving on those boards. He urged the board to appoint only people who
are not currently on another board. If someone is currently serving on another board, they
might resign before being appointed to another board.
Ben Davis, 681 Snyder Hill Road, is concerned about: the high - volume hydraulic
fracturing proposed for the Marcellus Shale. While; the s17GE1S from 1992 does allow for
• hydraulic fracturing, the process being studied now for release from the iMarcellus Shale and
Utica Shale has to do with high - volume usage of water. That goes beyond the 80,000 gallons
per well that is allowed under the current: GEIS to actually millions of gallons used in the
current process, with much more potent chemicals applied to the water. 'There will be a higher
volume of wastewater to treat and try to remediate and there are no mechanisms currently in
place to handle that: quantity in this part of New York State.
There is no hurry for the State to move forward. There are other levels at which to drill
if people choose to do so, as exhibited by the permit just approved to drill in the Trent River
Black Shale. That is more porous and easier to access and doesn't require the high- volume
hydraulic fracturing that Marcellus Shale does.
One thing being considered for wells that go dry is to inject the wastewater back into
the wells. More research needs to be done to determine whether it is ok to have those: as
depositories.
The DEC is not currently staffed to adequately monitor the production and processes
that OCCUr during hydraulic fracturing. Broome County has suggested there could be from two
to four thousand wells in their county in the next: ten years. Current staffing levels are not
adequate.
Length of construction
frorn six to twelve wells
in the Marcellus
on one pad. The noise
Shale will be
pollution and
longer because they are putting
high trunk traffic will extend
much longer than what
is typical of other wells
put in place
in the past: few years.
We
should ask that the state pull back and
think this through a little more
thoroughly
and watch
what is happening in Pennsylvania, and
proceed on a very slow basis in
the
is Marcellus
Shale area.
Page .3 of 18
12 -9 -09
is TOWN CLERK
B Avery asked the board to approve the meeting minutes of November 4 and November
12, 2009_
RESOLUTION #197 - APPROVE MINTUES
Cl Stelick offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves the meeting minutes of November 4,
2009 and November 1.2, 2009.
211<1 Supv Sumner
Roll Call Vote Cl Stelick Yes
Cl Solomon Abstain
Supv Sumner Yes
Cl Makar Abstain
Cl Leifer Yes
HIGHWAY /DPW SUPERINTENDENT
No report.
RECREATION DEPARTMENT
0 No report:.
COUNTY BRIEFING
M Robertson said she agrees with everything that has been said about the Marcellus
Shale tonight. There are many, many reasons the DEC's document: needs M be pulled. They
should start over again. There is a group going to Albany next Friday to meet with Senators
that are key on the Environmental Commission Committee and with the DEC where they will
deliver the docuaients that the Council of Governments has collected.
The Health & Human Services Committee and Planning Committees have passed a
resolution asking that the DEC document be withdrawn. That will go to the legislature on
`l`uesday. 1'he resolution states in part `There is no attempt ui the document to establish
thresholds of activity that the environment could sustain without permanent damage. In the
document the spacing unit is the only limiting factor on development. The New York State
DEC must establish a pace and level of development that it deems the human and natural
environment could tolerate rather than leaving the pace and extent of development to be
determined by the industry, for example, by the number of drill rigs available." And " The only
conclusion that can be drawn from the document: in its current form is that it does not comply
with the SEAR requirement to evaluate the impacts of Marcellus Shale Drilling on the
environment and public health, and does not propose mitigation measures that sufficiently
protect: the public and the environment. to allow permitting of drilling in the Marcellus Shale to
proceed. There are many flaws in the document, including failure to assess the life cycle
analysis of greenhouse gas emissions from natural gas, as well as the fact that the EPA will
soon begin a study of Marcellus Shale drilling and require that the entire process be re-
evaluated, and a moratorium on drilling maintained indefinitely until and unless an adequate
review is completed and that. the results of the EPA study be included in that review ".
Page 4 of 18
12 -9 -O9
M Robertson said this is something that could change Upstate New York fundamentally
and dramatically. She urged people to get educated about it. Any citizen should feel compelled
and empowered t:o call or email the Governor and ask him to slow down and do this right.
The Homeless and Housing Task Force recently gave a presentation on local food
pantries and the food distribution networks that are available. They are seeing a huge increase
in the number of people going to the pantries and Loaves and Fishes.
The Department of Social Services has partnered with the Human Services Coalition,
Catholic Charities, and others and received a $2,000,000 grant for 18 months to help people;
with housing needs. Information was left with the Town Clerk. People needing assistance
(temporary housing, help with security deposit, etc) should call 2111
ZONING DEPARTMENT
ZO Slater gave an update on the Town's weatheri7,1tion program. Eighteen projects
have come in and twelve have been completed. Some applicants have also received assistance
from other agencies, such as the Office of the Aging and Tompkins Community Action, and
some will be recipients of the `Town's HOME grant. He suggested there should a time limit: of
sit months to a year in which to exercise the opportunity after receiving approval. It appears
there is about $3,100 in fund balance that can be carried into next year, and he asked the
board to consider additional funding for 2010. ZO Slater said this has been a program that has
made a real difference in these peoples' lives.
Supv Sumner thanked ZO Slater for the effort he has put into the program. She asked
the Wans and (:,rants Committee to consider the request for additional funding at. their next
meeting and make a recommendation in January for that and a time limit for completion of the
•projects.
The time frame for bringing special permit applications to the board and whether the
board should receive the packets prior to scheduling a hearing was discussed. it was decided
the process will not change. ZO Slater will schedule a hearing when the application is
complete. He noted that lately he receives the §239(1) and (m) letter from Tompkins County
Planning right at the end of their 30 -day period to respond.
ZO Slater has had recent communication with the DEC regarding the Black liver gars
drilling project. The Negative Declaration SEAR was distributed and the Town of Dryden
received a copy. ZO Slater said he was surprised that it came out of Region 8 (Avon, New York)
when the project is in Region 7. When he inquired about that, he was told it was due to
staffing qualifications and all gas drilling permits are being handled by Region 8. ZO Slater,
since the town is mandated to implement: stormwater management, asked whether the DEC
would make it a condition of approval that the applicant conforms to the'rowtn of Dryden
Stormwater Management Regulations. The response was that: they don't even require it at the
state level because the EPA has exempted drilling from stormwater regulation, and they want
to be consistent with the EPA. ZO Slater made it clear ghat there should be some, opportunity
for local government to be involved. He was told that since the Town of Dryden is an MS4
community, there may be some way to include ghat as a condition of the permit. He has
written a letter to DEC deWiling that position.
ENVIRONMENTAL PLANNER
D Kwasnowski said the stormwater
general permit
is up
for
renewal
and he will
be
sending some comments out.. There are a
few things that.
could
be
changed
to make it
better.
Page 5 of 18
12 -9 -09
The Planning Board has been working diligently for the past couple of years on creating
® a zoning local law that resembles the recommendations in the Comprehensive Plan that was
adopted in 2005. The decision has been made to present it. to the public for feedback. A public
meeting will be held at the Town Hall on January 26 at 7:00 p.m. He anticipates a
presentation with an opportunity for group discussion on specific parts of the local law.
D Kwasnowski has been working with the Town of Ithaca to apply to the Park
houndat.ion for a joint rant for a sustainability coordinator. The basic idea is to hire a
sustainabihty planner for a period of two to three years and look at ways for efficiency and to
develop long -range planning for sustainability in the gown. This includes economic
development, social issues, environmental issues, etc. These positions have been known to
save municipalities many dollars. The application is due at the end of the month, and D
Kwasnowski asked for a resolution authorizing the Supervisor to sign the application. Supv
Sumner said she appreciates the work D Kwasnowski has done on this, and it is a very nice;
application and project.
RESOLUTION # 198 - AUTHORIZE APPLICATION FOR GRANT FOR
SUSTAIN"ILITY COORDINATOR
Supv Sumner offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby endorses the grant application to be
submitted jointly by the Town of Dryden and Town of Ithaca for a sustainability coordinator
and authorizes the Town Supervisor to sign the same.
2nd Cl Makar
Troll Call Vote Cl Stelick Yes
• Cl Solomon Yes
Supv Sumner Yes
Cl Makar Yes
Cl Leifer Yes
This would be a three -year special project position (full -tame temporary) shared with the
Town of Ithaca and subject to Civil Service. There will be a local match involved. At the end of
the grant: period, the Town(s) may or may not choose to continue the position. A local
government efficiency grant may cover the match amount.
D Kwasnowski said he has reviewed the dSCE1S for the Marcellus Shale drilling and
said it is a fundamentally flawed approach. Local authority is excluded, though they describe
local impacts, and there is no stage -wide analysis of how many potential wells, spacing, the
amount of chemicals there can be, or the effect on the greater watersheds, not just New York
City watersheds. He said he doesn't know whether they can actually pull back at this point.
They may have to complete the EIS. They could extend it to take those things into account, or
they could change what actions they take and re- think local authority based on the comments
received.
D Kwasnowski met with rnernbers of the Conservation Board, Charlie Smith and Bard
Prentiss, looking at creation of critical environmental areas in the town. They have come up
with an approach and he anticipates the hoard will receive something toward the end of
January.
Ed Marx of Tompkins County Planning has asked the Town for a letter supporting its
application for funding to launch its Property Assessed Clean Energy (PACE) Prograrri. This
®
program would allow property owners in Tompkins County to borrow money to make energy
efficiency improvements or install renewable energy systems in their buildings. The program
Page 6 of 18
12 -9 -Dy
would allow people to make energy efficiency programs to their homes and instead of worrying
® about the payback period just over the time that they own the house, they will be able to pay it
back through their property taxes_ If the property is sold before, the end of the repayment
period, the new owner inherits both the repayment obligation and the financed improvements.
The program would start with a two -year grant and they expect to finance 250 loans in the first
year. In the second year, with staff hired under the grant, they expect to work with the County
Legislature to use its municipal bonding authority to allow for 23,000 housing units to make
energy efficiency upgrades or install renewable energy systems over the next 25 years.
Cl Makar said it's a good program. The Town of Babylon and the City of Binghamton
have both already received funding and are allowed to do this now. This would be a county -
wide program.
RESOLUTION #199 - AUTHORIZE LETTER OF SUPPORT FOR
TOMPKINS COUNTY PACE PROGRAM
Cl Makar offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby authorizes the Town Supervisor to sign and
submit a letter in support of Tompkins Country Planning's application for funding for a Property
Assessed Clean Energy Program.
2 ^d Supv Sumner
Roll Call Vote
Cl
Stelick
Yes
Cl
Solomon
Yes
Supv Sumner
Yes
Cl
Maker
Yes
Cl
Leifer
Yes
D Kwasnowski announced there is a well- drilling (water) project starting on the Jim
Schug Trail in the right: -of -way near Keith Lane. There wrill be equipment in place for a few
days, but: people will still be able to use the trail.
ZO Slater read tale letter sent to Barbara Caldwell's daughter advising her that the Town
had honored her mother by naming a conference, room in the Town Hall the "Barbara H.
Caldwell Conference Doom" and that a plaque has been installed. She was invited to visit.
ATTORNEY
Atty Perkins has provided the Town Supervisor with the Fire Contracts for 2010 (for the
amounts in the 2010 budget) and the Supervisor needs authorization to sign them and forward
them to the various departments.
RESOLUTION #200 - AUTHORIZE TOWN SUPERVISOR TO SIGN FIRE CONTRACTS
Cl Stelick offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves t:he contracts with fire departments
a
for the mounts designated in the 20.1.0 budget, and the Town Si.ipervisor is authorized to sign
the same.
2nd CI Maker
Moll Call Vote
Cl Stelick Yes
Cl Solomon Yes
Supv Sumner Yes
Page 7 of 18
12 -9 -09
Cl Makar Yes
Cl Lcifer Yes
Atty Perkins has prepared the necessary documents for dog control. for 20101 Supv
Sumner said there has been a discussion with respect to employee vs. contractor. The Town
will continue to appoint: the Leonards as Dog Control Officers and will continue to lease the
facility. The appointment: and lease last: year had automatic renewals in them, so they have
been updated to reflect that now it is for three more years, unless someone opts out, and they
reflect the increases which were called for in last: year's agreement. Supv Sumner said there is
the possibility of the I,eonards providing dog control for another town, and if that happens the
simplest way to handle it would be for Dryden to sublet kennel space to the other town. For
the time being, we are leaving the exclusive use clause in the lease_
RESOLUTION #201 - AUTHORIZE DOG CONTROL APPOINTMENTS AND KENNEL LEASE
Cl St:efick offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby authorizes the Town Supervisor to execute
the Appointment of Richard Leonard and Gena Leonard as Dog Control Officers and execute
the Kennel Lease Agreement
2114 Cl Solomon
Roll Call Vote
Cl
Stelick
Yes
Cl
Solomon
Yes
Supv Sumner
Yes
Cl
Makar
Yes
Cl
Leifer
Yes
Atty Perkins has prepared a simple agreement with respect to the purchase of LiDAR
data the board authorized last month. It has been approved by Craig Schutt of the Soil and
Water Conservation District. In November the Soil & Water Conservation District contracted
with PAR Governmental Systems Corp for the LIDAR data for Tompkins County. They are
looking for help from different potential users of the data in meeting the full contract price and
the `town of Dryden has agreed to purchase $5,400 toward the purchase price. The agreement.
memorializes the terms under which the Town will pay that amount.
PAR has a year to furnish the data. They think they'll be done
When the County has the data, the Town will provide a hard drive. TI
to it. When Josh Bogdan is satisfied that he can access and utilize it:,
payment.
in January or February,
icy will transfer the data
the 'f own will make the
Cl Makiu• said the Technology Committee reviewed this .arrangement: last week and
recommend moving forward with it. ZO Slater said the funds were already budgeted.
RESOLUTION #1`202 - AUTHORIZE LIDAR AGREEMENT
Cl Makar offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby authorizes the Town Supervisor to execute a
Memorandum of Agreement between the Town and Tompkins County Soil & Water
Conservation District for the purchase of UDAR data for the sum of $5,400.()0.
2nd CI Leifer
Roll Call Vote Cl Stelick Yes
Cl Solomon Yes
Page 8of18
Supv Sumner Yes
Cl Makar Yes
Cl Leifer Yes
UNFINISHED BUSINESS
12 -9 -09
Dryden Recreation Commission Vacancy - Last month the board discussed a vacancy
on the Recreation Commission. There is a recommendation from the Commission to appoint
Wendy Martin. There vas discussion about whether one person should be allowed to serve on
two boards and the matter was put off to this month.
Cl Stelick said he certainly supports the Recreation Commission and has no issues with
W Martin. Iie continues to have an issue with one person being on more than one board. The
[Tanning Board appointment for her came up very quickly, and knowing her, he supported her
for that position. Ile said he believes the Rec Commission voted on her recommendation not
knowing or not being interested in the whole picture. In the last election process he heard
from a lot of people that might be interested in some of these positions. We could do a better
job of recruiting possible candidates for these positions and looking at the whole picture. He
believes the Rec Commission should be able to make a recommendation, but we seem to be
setting a precedent here and need to look at the long -term rarnifrcations. Allowing one person
to serve on two appointed boards is not something that he would support.
Supv Sumner said this has never corm; up before. She has been planning to put
together some directives /suggestion% for all the volunteer boards for their January
organizational meetings and that might be something to address —that they designate someone
to maintain a list of interested people. We did a get a response from a notice in out- newsletter.
Cl Stelick said a lot of people have come forward in regard to the zoning change and
Marcellus Shale and there is a lot. of passion and expertise. Those are the types of people that
if they were more aware, might step up for these positions. Supv Sumner said she has wished
there were a volunteer coordinator function and we had a way of tracking projects that we
wished we had time to do or might interest a volunteer in.
F3 Avery said we have had a handful of applications for various boards in the past four
months that have been passed to the Supervisor's office, so there are some to choose from. Cl
Stelick said there needs to be a process so that at the 1.1!h hour we aren't jumping into
something. Supv Sumner said several months elapsed between W Martin's application and her
appointment. Cl Stelick said if he hadn't been on the board, he didn't think many people in the
town would have known we had a situation where one person might be appointed to two
beards. It's about the entire town, not a small group of people, and everybody should have a
say in something like that.
Cl Makar said the Planning Board and Recreation Commission made their
recommendations independently of each other. B Avery said that is something that has
changed in the past few years. Before that the Town Board simply made the appointment. Cl
Stelick said we need to come up with a process that everyone is aware of. There should be a
time frame for applications to be received and they can be referred to the particular boards, but:
uithriatety the Town Board should know everyone that applied, not just the person that was
recommended.
There was discussion of unifying each board's enabling legislation and setting
guidelines for filling vacancies. Cl Makar said he had been told that there were-, times in the
past ten years or so when people served on more than one board. Cl Stelick noted the
® Recreation Commission is not having a problem currently meeting quorum.
Page 9 of 18
12 -9 -09
D Kwasnowski suggested if a policy is developed the Board consider designating
46 alternates. If someone were interested in the Planning Board and there wasn't: a seat open,
they could be designated an alternate,. If there were a conflict of interest and someone couldn't.
participate in a project, the alternate: could step in and there wouldn't be a problem with
quorum.
17 Kwasnowski also pointed out that the Planning Board has mandated training
requirements and most people on a board volunteer for extra things. If you have someone from
the Planning Board serve on two boards, you need to consider that:. IIe added that in his
experience with Towns, the'lbwn Board appoints who they want to appoint and that's the end
of the story. There is a responsibility on the Town Board's part to make sure the slots are tilled
and the board is functioning. Cl Stelick and Supv Sumner said they like the idea of having an
alternate.
D Kwasnowski said there has been a vacancy on the Conservation Board for over a
year.
B Avery said it seems that if we have other people interested in positions, it is unfair to
appoint one person to two boards. Supv Sumner said there weren't others when the
appointment was brought up and Don Schutt: said there is now. Cl Stelick said if there was a
deadline for applications that would riot be a problem, and we need to have a process in place.
After further discussion, Supv Sumner called for a vote.
RESOLUTION #203 - APPOINT RECREATION MEMBER - W. MARTIN
Supv Sumner offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby appoints Wendy Martin to serve on the
Dryden Recreation Commission for a germ to expire December 31, 2011.
211d Cl Makar
Roll Ca-11 Vote Cl S1 click Abstain
Cl Solomon Yes
Supv Sumner Yes
Cl Makar Yes
Cl Leifer Yes
ATT /Cingular 3G Upgrade -
ZO Slater said this application
to
replace existing
equipment; on Mt Pleasant Road will
probably by ready for a hearing
in
January.
Recreation Master Plan - The board agreed to be ready to comment on the draft next
month.
Partial Real Property Tax Exemptions - The board chose December 29, 2009, at 6.00
p.m. to hold its second December meeting, and hold public hearings.
RESOLUTION #204 - INTRODUCE RESOLUTION INCREASING PARTIAL REAL PROPERTY
TAX EXEMPTION FOR PERSONS OVER SIXTY -FIVE YEARS OF AGE
Cl Makar offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby introduces the following resolution and sets
the public hearing on the same for December 29, 2009, at 6:05 p.m.:
Page 10 of 18
WHEREAS, Real Property Tax Law §467
• partially exempting from taxation by the Town
persons sixty -five (65) years of age or over, and
12 -M9
permits the Town Board to adopt: a resolution
certain real property within the Town owned by
WHEREAS, the Real Property Tax Law provides an option for the Town to set the
income eligibility levels,
NOW, THERL PORT , BE IT RESOLVED BY THE TOWN BOARD AS FOLLOWS:
1. Real property owned by one or more persons each of whom is 65 years of age or
over, or real property owned by a husband and wife, one of whom 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 $29,000
percent
45
$29,001
or more
but
less
than
$30,000
$30,001
or more
but
less
than
$31,000
$31,001
or more
but
less
than
$32,000
$32,001
or more
but
less
thane
$32,900
$32,901
or more
but
less
than
$33,$00
$33,801
or more
but
less
than
$34,700
$34,701
or more
but
less
than
$35,600
$35,601
or more
but
less
than
$36,500
$36,501
or more
but
less
than
$37,400
More than
$37,400
PERCENTAGE ASSESSED
VALUATION EXH MVI
FROM TAXATION
50
percent
45
percent
40
percent:
35
percent
30
percent
25
percent
20
percent
15
percent
10
percent
5
percent
0
percent
2. Any 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
of whom is 65 years of age
tax exemption on real
or over, once granted,
property
shall not
owned by a husband and wife, one
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 arriounts 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 frorn the sale or exchange
of a capital asset in the same incorne 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
Page 1 1 of. 18
12 -9 -09
making application for exemption, provided, however, that in the event of the death of either a
® husband or wife in whose naive title of the property shall have been vested at the time of death
and then becomes vested solely in the survivor by virwe 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 (1.2) 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 sale, 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 tittle 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,
becomes vested, by virtue of devise or descent from the deceased owner or owners, or by
transfer by any other means writhin 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 ease 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.
S. The Town shall notify or cause 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 the 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.
Page 12 of 18
12 -9 -09
6. Application for such exemption must: be made by the owner, or all of the owners
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
be filed in such assessor's 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 sent 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: and 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 scone shall riot prevent the levy, collection and enforcement of the payment of the taxes
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).
9. This resolution shall be applicable to the Town tax for assessment rolls based on
taxable status dates occurring on and after .January 1, 2010 and the provisions of said
is resolution shall govern the granting of an exemption under Section 467 notwithstanding any
contrary provisions of that section.
211d Supv Sumner
Roll Call Vote Cl Stelick Yes
Cl Solomon Yes
Supv Sumner Yes
Cl Makar Yes
Cl Leifer Yes
RESOLUTION #205 - INTRODUCE LOCAL LAW INCREASING PARTIAL REAL PROPERTY
TAX EXEMPTION FOR PERSONS WITH DISABILITIES WHOSE INCOMES ARE LIMITED BY
REASON OF THOSE DISABILITIES
Cl Solomon offered the following resolution 'arid asked for its adoption:
RESOLVED, that this Town
Board hereby
introduces the
following local law and sets
the public hearing for the same for
December 29,
2009 at 6:00
p.m.
Proposed Local Law No. G.
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.
1.
This
local
laws
is enacted pursuant to Section 459 -c of the Real Property Tax Law of the
State
of New
York
as
most recently amended.
Wage 13 of 18
12 -9 -09
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 taa.xation by said Town for the
applicable taxes specified in Section 459 -e 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 $29,000
Stelick
Yes
50
percent
$29,001
or
more
but:
less
than
$30,000
45
percent:
$30,001
or
more
but
less
than
$31,000
40
percent
$31,001
or
more
but
less
than
$32,000
35
percent
$32,001
or
more
but
less
than
$32,900
30
percent
$32,901
or
more
but
less
than
$33,800
25
percent:
$33,801
or
more
but
less
than
$34,700
20
percent
$34,701
or
more
but
less
than
$35,600
15
percent
$35,601.
or
more
but:
less
than
$36,500
10
percent
$36,501
or
more
but
less
than
$37,400
5
percent:
More than
$37,400
0
percent
3. The partial exemption provided by this law shall, however, be limited to such property
and persons as meet the conditions, 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 Tax I.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 for such exemption trust 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 tiled 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 January .l, 201.0 and the provisions of said local law shall
govern the granting of an exemption under Section 459 -c, notwithstanding any contrary
provisions of that section,
7. This local law shall take effect immediately.
2nd Cl Makar
Roll Call Vote
Cl
Stelick
Yes
Cl
Solomon
Yes
Supv
Sumner
Yes
Cl
Makar
Yes
Cl
LA-lifer
Yes
Page 14 of 18
12 -9-09
RESOLUTION #206 - RESCHEDULE PUBLIC HEARING - CONSIDER RESOLUTION
WAIVING CERTAIN TOWN OF DRYDEN FEES IN CONNECTION WITH THE DRYDEN HOME
REHABILITATION PROGRAM
Cl Solomon offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby reschedules the public hearing to consider a
resolution waiving certain 'Town of Dryden fees in connection with the Dryden HOME
Rehabilitation Grant for December 29, 2009, at 6:10 p.m. at the Dryden Town Hall.
2nd Cl Makar
Roll Call Vote
Cl
Stelick
Yes
Cl
Solomon
Yes
Supv Sumner
Yes
C1
Mkar
Yes
Cl
Leifer
Yes
The board gook a break at 9:25 p.m and resurned at 9:38 p.m.
Marcellus Shale Drilling - C1 Leifer said he has been working with a group that: mert:s
on Monday nights with respect to drilling in the Marcellus Shale and the dSGE1S. They are
coordinating efforts, each taking particular parts of the document to comment on. He expects
to have a document ready for the board to review and finalize before Christmas. At the
December 29 meeting the board can adopt a resolution and submit the document to DEC. Cl
Leifer asked board members to comment on his document as soon as they receive it from hire.
Whether the DEC takes the comments or not, they have to be addressed in their fact finding
statement.
Cl Makar shared a resolution passed by the Town of Ithaca asking the Governor to
withdraw the supplemental Generic Environmental Impact Statement. Cl Makar %rill work with
the Environmental Phuiner and GIS staff to modify this to make it more particular to the Town
of Dryden and present it at the Decemlx:r 29, 2009, meeting.
Supv
Sumner said
she has inquiries from residents
with respect to light and noise
ordinances.
he expects it
She said the
would be for
Town should probably consider a noise ordinance, and Cl Makar said
industrial facilities only. The board will consider this in 2010.
Martin Hatch said he understands pipelines are not covered in the dSGEIS and are
regulated by the Public Service Commission. Cl Leifer said this is one of the cumulative
impacts not addressed in the document, which is ridiculous because they need feeder Lines. M
Hatch said in the preparatory stage, some research should be done in this regard. Atty Perkins
said a certificate of necessity from the Public Service Commission is necessary in order to
utilize the power of eminent: domain. The PSC doesn't talk with the local community in that
instance.
D Kwasnowski said the Cornell Natural Gas Pipeline was covered by the PSC, and the
Town covered the st:ormwater on ghat and was involved. They had to get permission to go
under roads and show that thev weren't going to impact: the roads. They had a good
consultant, and how another company handles it could be a different story. Cl Leifer said
that's why the ga.s companies try to get as many leases for surface rights as they can. They
use them for the gathering and distribution lines. M Robertson said the gathering lines aren't:
regulated by anybody. They are under the pressure limit for the PSC to deal with. The "Town's
stormwater regulations would take care of some of this, but not regulating the size of the
fittings. M Hatch said this would be a useful area for someone to put some time into.
Page 15 of 18
12 -9 -09
M Hatch said it would be nice if the opinions of the people in power to do something
• about it (elected officials) were forthcoming.
M Robertson said she understands that a highway permit can be issued that says there
can be a certain number of trucks that weigh a certain amount, and based on a formula, the
amount of damage done by trucks can be calculated and provided for. Supv Sumner said the
maintenance record of the road is also taken into consideration. Cl Makar asked M Robertson
to put this in writing for the board.
After the board has submitted its comments, work will commence on local laws and
regulations.
Health Insurance Consortium - Supv Sumner said we are nearing the deadline and
there are some issues. It is clear that the medical plan that has been adopted by the
consortium is equal to or better than the Town of Dryden's existing plan, as promised. There is
a plan for ancillary benefits that includes C:SEA Vision and Dental care, but she hasn't had a
chance to compare the plans or the cost. There is a proposal for next week's meeting on life
insurance and accidental death and dismemberment insurance. They are also looking into the
legal advice insurance.
There is no membership agreement in writing yet. There are a lot of little derails yet to
be worked out. The serious snag in the membership agreement: is that the State insurance
Department now says that the unions have to have voting rights. They understand that. it is
illogical, but it is their position. Steve Locey and Don Barber are still negotiating. Supv
Sumner said it will not go forward if that is the case. It would undermine the whole plan. They
expect to have more information next week.
The Town of Dryden will not change its insurance until she is sure the consortium will
move forward. The voucher for the Town of Dryden's 'Teamsters insurance has been approved.
The check will be held a week, but. the Town will not change its insurance until things are
resolved. This may drag on for a few months. TCCOG intends to have a speedy resolution, but
while the issue of voting rights is open and the question of the ancillary benefits is open, the
Town of Dryden will not change its insurance.
The
Town of Dryden is
currently in negotiations with the Teamsters and they have been
open to the
consortium if the
coverage is
good and there is savings involved.
NEW BUSINESS
Organizational Meeting - The annual organizational meeting was set for January 4,
2010, at 7:00 p.m. Supv Sumner asked board members to let her known if there are particular
assignments they would like for next. year.
Dryden Youth Commission Vacancy - There will be a vacancy on the commission
beginning January I. There will be a press release and it will be posted on the website.
Personnel Policy Change - Supv Sturnner has proposed changes in the personnel
policy with respect to floating holiday vul tir ie sheets for all employees and benefits for part -
time employees. The existing policy defines a floating holiday as a holiday to be taken when
the employee chooses, with the approval of the department head. There was discussion about
whether this is actually a vacation day.
Supv Sumner said she fails to understand why time sheets have not been required in
® the past and would like to have that in place in time for the first of the year. The time sheet
Page 16 of 18
12 -9 -09
proposed is modeled after what the Town of Ithaca uses. After much discussion, the board
passed the following resolution.
RESOLUTION #207 - AMEND PERSONNEL POLICY TO REQUIRE TIME SHEETS
Ct Stelick offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby amends the Personnel Policy to include the
following language in the appropriate place:
All employees, excluding Highway and DPW employees and elected officials, are
required to fill out a time sheet, in the form prescribed, in ink on a daily basis, sign it on the
last day of the pay period and turn it into their supervisor or Department Head. Time shall be
charged at one quarter (.25) of an hour basis.
2 „d CI Makar
Roll Call Vote Cl Stelick Yes
Cl Solomon Yes
Supv Sumner Yes
Cl Makar Yes
Cl Leifer Yes
Supv Sumner said she feels strongly about providing benefit time and health insurance
for part-time employees. She said she feels she created the problem by hiring part -time people.
Part-time positions are good for people who wish to work part -time. They are good for the
organization because it creates a certain amount of redundancy. In her office they didn't need
a full -time account clerk or a full -time secretary for a part-time supervisor. They tried and
could not find someone to take the job who had both sets of skills for the sa-lary they were
willing to offer. When advertised as a part -time position they immediately got: qualified
applicants. But that doesn't mean they aren't entitled to the same protections under fair labor
standard practices. That doesn't mean they should not get sick time, vacation time, holiday
tame. They don't get paid on days when the office is closed for holidays.
J Bush asked that: Highway and DPW employees be excluded from this. He said when
he hires part-time help he is up front with them and they know the conditions under which
they are hired and they will not: receive benefits. Supv Sumner said that doesn't make it right.
Cl Stelick said you might get a larger number of qualified candidates if those benefits
were, available to them.
After discussion, the Personnel Committee was directed to address the matters of the
floating holiday and benefits for part -lame employees and bring a recommendation to the board
in Februarv.
COMMITTEE REPORTS
Emergency Services - No report.
Personnel Committee - No report.
Finance Committee -
® RESOLUTION #208 - APPROVE ABSTRACT #12
Page 17 of 18
Supv Sumner offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves Abstract #312, as audi
ti t 163 through # 1254, totaling $185,66 1.00.
2nd Cl Stelick
Roll Call Vote
Cl
Stelick
Yes
Cl
Solomon
Yes
Supv Sumner
Yes
Cl
Makar
Yes
Cl
Leifer
Yes
The budget modification for the Cortland ]load Sewer District was not made because
the Supervisor needs to gather further information.
Loans & Grants Committee - No report.
Technology Committee - Cl Makar reported the committee is reviewing a fee structure
recommendation for telecommurucations for public /private partnerships. He has sent a
document with a chart for the board to review. if anything is to be done, there needs to be a
contract with a public /private partner and there is none in place presently. Once there is a
contract, a fee structure can be put in place.
Recreation /Youth /Community Centers Committee - C1 Leifer has asked M Bianconi
to review the grant application forms for the program and infrastructure grants. She will send
them with a cover letter. Cl Leifer said the comittee wants the infrastructure grant to be more
competitive this year. He suggested that M Bianconi oversee the program portion of the grant
process. As long as applications for programming are received by the due date, they will get:
that funding. Whatever isn't applied for will either get rolled back into the budget or into the
infrastructure part. Applicants will list what they are using it for, and the Rec Director will
make sure that the money is spent on that. There is no reason to hold up the program money
to wait for the infrastructure money. The infrastructure portion of the grant program requires
greater oversight. A DRC representative will assist in scoring the applications.
On motion made, seconded and unanimously carried, the board moved into executive
session at 1.1:25 p.m. to discuss two matters of litigation. No action was taken, and the
meeting was adjourned at: 11:55 p.m.
Respectfully submitted,
1� Bambi L. Avery !'
Town Clerk
Page 18 of 18
Dryden Town Board Meeting
Dryden Town Hall
93 East Main Street
Wednesday, December 9, 2009 7:00 PM
i ) Call Meeting to Order
2) Pledge of Allegiance
3) Roll Call
4) Public Hearing — Fee Waiver for HOME grant projects
5) Presentation — Community Science Institute
6) Citizens Privilege
7) Town Clerk
a) Approve Meeting Minutes for November 4 and 12, 2009
8) I4ighway SuperintendentfDept of Public Works
9) Recreation Department (no report)
10) County Briefing
11) Zoning Officer
a) Continuation of `Veatherization Grant Program
b) Special Use Permit Application from Volvo Rents
12) Environmental Planner
a) Sustainability Coordinator grant application
b) Zoning Law meeting announcement and plans
13) Engineering (no report)
14) Attorney
15) Unfinished Business
a) DRC vacancy
b) ATT/Cingular 3G upgrade
c) Comments on Recreation Masterplan
d) Partial tax exemption for people with disabilities
e) Partial tax exemption for people over age 65
t) Health Insurance Consortium
16) New Business
a) Organizational meeting
b) DYC Vacancy
c) Proposed changes to personnel policy
17) Committee Reports (3 minutes or less each, please)
a) Emergency Services Committee (none)
b) Personnel Committee
c) Finance Committee: Approve Abstract # 12
d) Loans & Grants Conunittee
e) Technology Committee —proposal to waive permit fees
f) Recreation /Youth!Conununity Centers Committee
18) Future Agenda Items
19) Executive Session (if necessary)
S Penningroth
B Avery
J Bush
M Eianconi
County Rep
H Slater
D Kwasnowski
A Sciarabba
M Perkins
J Leifer
H Slater
S Stelick
M Perkins
M Perkins
M Sumner
M Sumner
M Sumner
M Sumner
M Sumner
Stelick/ Leifer
M Sumner
Makar /Leifer
Makar /Leifer
Stelick /L eifer
The 2010 Town Board Organizational meeting will be held on
The next regular Town of Dryden Board Meeting will be
Wednesday, January 13, 2010
Town of Dryden
Town Board Meeting
December 9, 2009
Name - f ease; Print}
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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.
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