HomeMy WebLinkAbout2010-12- 15'I'Fi 12 -IS -IU
TOWN OF DRYDEN
TOWN BOARD MEETING
December 15, 2010
Present: Supervisor Mary Ann Sumner, Cl Joseph Solomon, Cl Jason
Leifer, Cl David Makar
Absent: Cl Stephen Stelick, Jr.
Elected Officials: Bambi L. Avery, Town Clerk
Jack Bush, Highway Superintendent
Other Town Staff: Henry Slater, Zoning Officer
Kevin Ezell, Zoning Officer
Melissa Bianconi, Recreation Director
Brian Mcllroy, Bookkeeper
Supv Sumner called the meeting to order at 7:1.0 p.m. and board members and guests
participated in the pledge of allegiance.
PUBLIC HEARING
TOWN OF DRYDEN DOG CONTROL LAW
Supv Sumner opened the public hearing and asked if there were any comments.
Galen Zimmer, purebred license holder, said she objects to the requirement of having at
least 5 dogs that have not been spayed or neutered in carder to obtain a purebred license. She
believes this encourages breeding of dogs that should not be bred and may lead to puppy mills.
She said the money is not as important as making this point to the board. There has never
been a minimum number of unaltered dogs to obtain a purebred license in the past.
Wesley Baum, purebred license holder, objects to the fee for purebred licenses, noting
that it is less expensive in the Town of Ithaca.
Jackie Brellochs, purebred license holder, objects to dogs having to wear the license
tag. She said many dog owners don't put collars on the dogs unless they go somewhere. It
presents an unsafe situation in that the collars can get caught on fencing, crates, or other
dogs, and it is unsafe. She asked whether the law could be re- written to allow a microchip in
lieu of a license tag. Att:y Perkins explained ghat: the requirement that: a dog wear a tag is a
continuation of current state law.
Town Clerk B Avery provided board members with copies of email comments received
with respect to the dog law. Most of those have to do with the requirement: to keep a female in
heat: on the owners' property. In some cases, these dogs attend training or shows, need to be
transported to the vet or to a breeder, or leave the owners' premises for some other reason.
Any substantial change to the law will require another public hearing. B Avery
suggested that in order that the town has authority to license dogs on January 1, 201 .1., the
board pass the law as it is and consider amendments in the near future.
Pigc I of 16
'I'll 12- 15 -I0
W Baum said he is concerned about putting tags on his sled dogs because they can
freeze and stick to the dogs' tongues. It was pointed out that the requirement that a dog wear
a tag is not a change.
B Avery said that purebred dogs have been exempt from wearing tags in the past.
License holders are issued one tag for all the dogs that they have. Our experience is that
problem dog owners are not the people that have purebred licenses. These people tend to take
better care of their dogs.
Supv
Sumner said
the dog control officer
does
not go out
looking
for
dogs with no tags.
The tags are
a method for
returning lost dogs to
their
owners when
they
are
found.
B Avery said if an owner chooses to not put the tag on a dog, it is a risk they take. It
has not been a problem in the past with purebred license holders. This proposed local law is
very similar to the dog ordinance that's been in effect in the Town of Dryden for thirty years.
Cl Leifer suggested the local law could contain a clause allowing the dog control officer
to transport a seized dog to be scanned for a microchip, and that the cost will be borne by the
owner. Supv Sumner said that could be considered next month.
Supv Sumner closed the public healing on the dog control law at 7:30 p.m.
Cl Makar moved to adopt the local law and explained that the Town Board will adopt: it:
as is so that on January l we have a law in place for licensing and dog control. They will then
work on developing amendments to take care of some of the requests. B Avery said she is
willing to meet with a group to work on concerns and possible amendments to the law.
RESOLUTION # 182 (20 10) - ADOPT DOG CONTROL LOCAL LAW
Cl Makar offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby adopts the following local law and directs the
Town Clerk to file the stone with the Secretary of State:
Short Title. This local law may be cited as the Town of Dryden Dog Control Law.
1 Statutory authority. This local law is enacted pursuant to the provisions of Municipal
Nome Rule Law Section 10 and Article 7 of the Agriculture and Markets Law, as amended by
Chapter 59, Part T, of the laws of 2010 (effective January 1, 2011).
2 Purpose. The purpose of this local law shall be to preserve public peace and good order
in the Town of Dryden (herein "Town") and to promote the public health, safety and welfare of
its people by enforcing regulations and restrictions on the activities of dogs that are consistent
with the rights and privileges of dog owners and the rights and privileges of other citizens of the
Town.
3 Definitions.
A. As used in this local law, the following terms shall have the meanings indicated:
0 AT LARGE -An unleashed dog off the premises of the owner.
Page 2 of 16
TO 12 -14-10
DOCT CONTROL OF"F"ICER -A person or persons appointed by the Town for the
purpose of enforcing this local law -
LEASHED - Restrained by a leash, attached to a collar or harness of sufficient
strength to restrain the clog held by a person having the abilily to control the dog.
OWNER -The person enti(led to claim lawful custody and possession of a dog and
who is responsible for purchatiing the license for such dog unlew, the dog is or has
been lost and such loss was promptly reported to the Dog Control Officer, or to any
peace officer. If a dog is not licensed, the term "owner" shall designate and cover any
person or persons, firm, association or corporation who or which at any drne owns
or has custody or control of, harbors or is otherwise responsible for a dog which is
kept in, brought into or comes into the Town.. Any person owning or harboring a dog
for a period of one reek shall be held and deemed to tart the "oNvner" of such dog for
the purpose of this local law. In the event that the In owner" of any dog found M be in
violation of this local law shall be under 18 years of age, any head of the household
in which said minor resides shall be deemed to have custody and control of said dog
and shall be responsible for any acts of the said dog in violation of this local lain.
NOISE DISTURBANCE -The making of any sound which is audible across a real
properly line for 15 minutes in any erne -hour interval, which sound disturbs a
reasonable person of normal sensitivities.
REAL PROPERTY LINE -The imaginary line, including its vertical extension, that
, parates one parcel of real property from another; or the vertical and horizontal
boundaries of a dwelling unit: that is in a multi- d }4relling building-
RECOGNIZED REOIST Y ASSOCIATION - Any registry association that operates
on a nationwide basis, issues numbered registration certificates and keeps such
records as may be required by the Commissioner of Agriculture and Markets.
RESIDENTIAL ,any property- used for human habitation.
B. Terms not defined herein or in Agricultural and Markets Law 108 shall have their
customary and usual meaning,
4. Prohibited acts. It shall be unlawful for any owner of a dog in the Town to permit or aIlnw
such dog to-
A. Run at large, unless the dog is leashed or unless ii: is accompanied by its owner or a
responsible ptrt5on and under the full control of such owner or person. For the
purpose: of this local Iaw, a dng or dogs hunting in company of a h0nter or hunters
shall be considered as accompanied by its owner.
B. Make sounds ffiaL create a Noise disturbance across a residerntial real property line -
1'41W 3 of 16
TB 1? -I; -1Q
C, Cause damage or det5t.ruction to public or private property, defecate, urinate or
otherwise commit a nuisance upon the property of outer than the o %vner COY person
harboring 11he dog,
D. Bite, chase, jump upon or otherwise harass any }person in such a manner as to
reasonably cause intimidation or put such a parson in reasonable apprehension of
bodily harm or injury,
E. Chas(;, leap on or otherwise harass bicycles, motor vehicles, and any equine,
including any rider thereon_
F. Kill or injure auiy dog, cat, other household pet or domestic animal.
. Be unlicensed when four months of age or older.
H. Noe have a valid Town identifination tag on its collar while at ]urge, whether or not
leashed,
5. Fe male flogs. All female dogs shall be con lined to the prerniees of their owner while
such are in season (heal) and may not be left outside unattended. Any owner not adhering to
this section will be subject to having the dog seized by the Dog Control Officer, or any peace
officer, and removed to a safe place of confinement, at the expense of the owner_
6. Conditions for keeping dogs. All premises occupied or used by dogs shall be kept in a
clean, sanitary condition, Failure to provide adequate food, water or space shall subject dogs to
seizure and confinement_ 'Adequate' shall mean sufficient for a.ge, size and number of dogs on
the premises_
7. Licensing of dogs; fees.
A. License required. All dogt5 in the Towm over the age„ of four months shall be licensed
by the Town Clerk. A person applying for a dog license shall present a Current
certificate of rabies vaceination at the tirne of makitng application for a license or for
the renMal of all a isti.ng license. Unless the licence application includes a
certificate signed by a licensed veterinarian or an affidavit acceptable to the Town
Clerk and signed by the owner showing that the dog Ina% been spayed or neutered,
the dog shall be deemed to be unspayed or unneutered, as the case may be. Such
certificate or affidavit sh ;A rtot be required if the same hus pre��iously been provided
to the Town Clerk and noted in the dc�g'e license record.
B. Expiration of license.
(a) Except. as otherwise provided herein, a hcetnse t5hall be issued or renewed for a period of at
least one year, provided, that no license shall be issued for a period expiring after the last day
of the eleventh month fallowing the expiration elate of the current rabies certificate for the dog
being licensed. Al] 11cens{es shall expire on the last day of the Iast morzth of the period for which
they are issued.
9 (b) The oN16rner MaV license a dog for two or three years, subject to the license expiration and
I)uSv 4 of 16
TB 12 -Is -10
rabies certificate expiration pmvigions in (a) above.
0 C. License fees.
(a) The annual license fee for a spayed or ncut(._red dog shall be 11, which fee includes a
mandated state surcharge of 1 for the purpose of carrying out a state- mandated program of
animal population control.
jb( The annual license fee for an unspayed or unneutered dog shall be $23, which fee includes
a mandated stake Surcharge of $3 for the purpose of carrying out a dittc- mandated program of
animal population control_
D. Purebred license.
ja] The owner of five or more unaltered purebred dogs registered by a Recognized Registry
Association may make application to the Town Clerk for a purebred license in lieu of the
individual licenses required herein. Such license shall cover only purebred dogs, whrther
unaltered or spayed or neutered_
jbN Application for a purebrcd license shall be on a farm provided by the Town Clerk. All dogs
over four months of age must be listed and included in the purebred license_ Purebred licenses
shall be issued for one year and renewed annually.
(c) Copies of registry papers for r;vcry' purebred dog on the application, or a cornprehr r ive list
of registry numbers and associations, shall be provided to the Town Clerk., along with the
license application, and a current ccrtiH (Na te of rabies vaccination for each dog on th(e
application_
(dj The application fee for a purebred license is=
(i) Por five to 20 dogs -$100 plus the randated state surcharge of 1 per Spayed or
neutered dog on the application for the purpose of carrying out; a state- mandated program of
animal population control, and $3 per unspaycd or unneutered dog on the appli(!a.tion for the
purpose of carrying out a state - mandated program of animal population control.
Iii) For 21 or more dogs -$'200 plus the mandated state surcharge of $1 per spayed or
neutered dog on 11h application for the purpose of carrying out a sta to- m an dated program of
animal population control, and $3 per unspayed or unneutered slog on the application for the
pu rpo %e of carrying out a state- mandated program of anima I population control_
(e( No purebred license is transferable. Upon change of ownership of any dog licensed under a
purebred license, the new owner shall make application for a license, except when the new
owner holds a valid purebred license and adds the dog to such purebred license_
if) One identifica ion tag per purebred license shall be provided by the Town,
E. ]License Fee Waivers. The Town r(:gIiireS a license for any guide dog, hearing clog,
scrvice dog, war dog, }working search clog, detection dog, police dog and therapy clog, however,
only the license fee is waived_ The mandated state surcharges cannot be waived by. the town
and shall be collected_ The owner may purchase a special identification tag for a $4 fee.
10 F. Purchase of Licenses and Renewals; Replacement Identification Tags; No Refund of
Fees,
hig45 of 16
1-13 t?- 13 -I[t
I's (aI All dog licenses and renewals thereof shall be purchased from the Town Clerk.
The 'C wn l � rk m i. •u h l r;ment identification for a foe ref $ ,
[b� � o c ay �s �::� r�.p a.�, tag
(ol Ko
license fee or portiorn
thereof will be refunded in the
event
a clog is
lost, stolen, sold,
given
away, surrendered or
deceased before the expiration
of the
license
term.
G. Use of Fees. All fees called for in subsections (C:) - (F) above shall br± used for funding
the adrninistra<tiorn of the Dog Control Law of the Town,
H. Additional Fee for Enumerated Unliceuned Dog. In addition to the license and other
fees provided for herein, the owner of a dog identified xis unlicensed curing a dog enumeration
shall be charged an additional fee of $7 at the time of licensing. All such additional fees under
this subsection shall be used to pay the expenses incurred by the town during such
enumeration,
S. Seizure of dugs; redemption; disposition; impoundment fen. The Dog Control
Officer, or any peace officer, shall seize any unlicensed dog Whether on or off the
owner's premises and/or any dog not wearing a tag, not identified and not on the
Owner's premises,
A. if a c
clog seized i
is n
not wearing tin identification tag (license tag), it shall be held
for a
a period of n
no l
les% than five (5) days.
If a dog seized is w[_aring an identification tag, the owner shall be promptly
notified either in person or by certified mail. If the owner is notified in person,
the dog shall be held for a prt:riod of no leas than seven (7) clays; if notified by
mail, no less than nine (9) days,
C. The fees for any seizure and impoundment of a dog in violation of Article 7 of the
Agriculture ari Markets Lave or of 11h1
n 8 local law are as follows:
(a) For the first impoundment: $25 to the Town, plus the prevailing kennel charge-
tbj For the second impoundment: S 50 plus $10 per day or fraction thereof to the Town for each
day of impoundment, plus the prevailing kennel charge,
(c� For the third impoundment= 75 plus 10 per day or fraction thereof to the Town for each
day of impoundment, plus the prevailing kennel charge_
D. Tf not redeemed, the owner shall forfeit all title to the dog and it shall be releasc d
to an authorized humane society or kennel to be adopted or euthauized-
E. The owner of any seized dog not wearing an ide_ntifcation tag at time of seizure
shall pay an 'unidentified dog fee" of 15 W the Town Clerk at the time of
redemption in addition to any license, impoundment, kennel or othr:r fees called
for herein. SUCh fee shall apply whether or not such dog was licensed al' the
time of seizure.
Page 6 of 16
E. The owner of any seized dog not wearing an ide_ntifcation tag at time of seizure
shall pay an 'unidentified dog fee" of 15 W the Town Clerk at the time of
redemption in addition to any license, impoundment, kennel or othr:r fees called
for herein. SUCh fee shall apply whether or not such dog was licensed al' the
time of seizure.
Page 6 of 16
ll� i2-15 -W
91 Record of seizure. Upon seizure of any dog, the Dog Control Officer, or any peace
officer, shall make a record of the matter_ The record shall include date of seizure, breed,
general description, Sox, identification tag nurnber, time of release to owner, location of rt�lc:�6qe,
and namc and address of owner, if :irk }F_
10. Complaints. Any person who observes a dog in violation of any section of this local law
may file an accusatory instrument, under oath, with the Town Clerk or with the Dog Control
Officer or any peace officer, specifying the violation, the date of violation, the damage causecl
and including place(s) violation occurred and the name and address of the dog owner, if
known. Any such accusatory instrurnents filod with the Token Clerk or Dog Control Officer shall
be promptly filed with the Town Justice Court.
11. Enforcement. Any Dog Control Officer of the Town shall, and all peace officers may,
administer alsd enforce the provisions of thizs luual law and for that purpose shall have the
authority to issue appearance tickets and o seize dogs rs , either o or off the owner's premi
to ses, if
witnessed to be in violation of thiw local law.
12, Impeding Dog Control Officer unlawful, No person shall hinder, ro; ;isi' or oppose the
Dog Control Officer or peace officer authorized to administer or enforce the provisions of this
local law in the performance of such officer's duties,
13. Disclaimer of liability. The owner or person harboring any clog so destroyed under the
provisions of this local lain, whether destroyed by a Dog Control Officer or peace officer or
released to an authorized humane society or veterinarian, shall not be entitled to any
compensation, and no action shall be maintainable thereafter to recover the value of such dog
or any other type of damage.
14. Penalties for offenses. A violation of this local law shall constitute a violation as
defined by the Penal Law and shall ESC punishable- by a fine of not less than $25, nor more than
75, except that (i) where the person was found to have violated this section or former Section
of the Town of Dryden Cog Ordin ne within the preceding five (5) gears, the fine shall be not
less than $75, nor mere: t:hsn $1.50, and (ii) where the person was found to have committed two
or more such violations within the preceding five (S) ye are the fine shall be not less than $150
nor more than $250_ These penalties shall be in addition to any other penalty provided by law.
15. Severability. If any clause, sentence, paragraph, section, local law or part; of this local
law Nhall be adjudged by ally court of competent jurisdiction to be invalid, such judgment shall
not affect, impair or invalidate the remainder thereof but shall be confined in its operation to
chi c;lausc, sentence, paragraph, section, article OF part thereof directly involved in the
controversy in which such judgment shalt have been rendered.
166 Whey e fie etiive_ This local law shall take effect, ,lanua.ry 1, 2011, after filing with the
Secretary of State of the State of New York_
21 "1 Cl Solomon
Roll Call Vote
Cl Soloman
Supv Sumner
Cl Makar
Cl Leifer
PUBLIC HEARING
SITE PLAN REVIEW
SARAH WHITE D /B /A W LDFLOWERS
175 NORTH ROAD
Yes
Y(.-Ls
Yes
Yes
Pule 7 1 tP IA
TH 12 -I5 -10
® Supv Sumner opened the public hearing at 7:28 p.m. and Town Clerk B Avery read the
public notice published in The Ithaca ,Journal on December 10, 2010. Supv Sumner asked the
applicant to explain her project. application.
Sarah White said she would like to move her business to her home at 175 North Road.
Her business is growing and she does a lot of event work. She did over 60 weddings this year.
Her current location is small and cramped. She wants to maintain her residence and convert
the downstairs for her business. She has been working with the zoning and code enforcement
officials on building code issues. The lease for her current: location expires this month.
S White said there was an issue with the parking,
she is unable to build a parking lot. The owner of the pre
available for parking for her business and he will provide
She will commit to a date for completion of a parking lot,
Most of her work is event related and there is not a large
shop on a daily basis, other than holidays.
but because of the winter weather
)pert:y next door has made space
a letter to that effect if necessary.
if the board would like her to do so.
amount: of traffic in and out of the
%O Slater said no buffers are necessary. The application was well prepared. The board
should consider the Standard Conditions of Approval and address the parking. The file
contains the §239 letter from Tompkins County Planning. No stormwTater plan is necessary
and the property is served by municipal sewer.
The board reviewed the short form SEQR.
RESOLUTION #183 (2010) - NEG SEQR DEC - WILDFLOWERS
91 Cl Makar offered the following resolution and asked for its adoption:
WHEREAS,
A.
The proposed
action involves consideration
of the site
plan review application of
Sarah White
to establish her
business, Wildflowers, at her
residence
at 175
North Road,
B. The proposed action is an Unhsted Action for which the Town Board of the Town
of Dryden is the lead agency for the purposes of uncoordinated environmental review in
connection with approval by the Town.
C. The Town Board of the Town of Dryden, in performing the lead agency function
for its independent and uncoordinated environmental review in accordance with Article 8 of the
New York State Environmental Conservation Law - the State Environmental Quality Review Act
`(SEQR), (i) thoroughly reviewed the Short Environmental Assessment Form (the "Short EAF"),
Part 1, and any and all other documents prepared and submitted with respect to this proposed
action and its environmental review, (ii) thoroughly analyzed the potential relevant areas of
environmental concern to determine if the proposed action may have a significant adverse
impact on the environment, including the criteria identified in 6 NYCRR §617.7(c), and (iii)
completed the Short EAF, Part II;
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Town Board of the Town of Dryden, based upon (i) its thorough review of the
Short EAF, Part 1, and any and all other documents prepared and submitted with respect to
this proposed action and its environmental review, (ii) its thorough review of the potential
relevant areas of environmental concern to determine if the proposed action may have a
significant adverse impact on the environment, including the criteria identified in 6 NYCR.R
Page 8 ur 16
TB 12J5-10
§617.7(c), and (iii) its completion of the ShL)rt EAF, Fart II, including tine findings noted thereon
(which findings are incorporated herein as if se .Lt forth at length), hereby makes a negative
c{ termination of etnvironmentaI significance ( "Negative Declaration") in accordance with SE QR
for the above referenced proposed action, and determines that neither a full Pnvironmental
Assessment )Form, nor an Environmental Impact Statement will be required, and
2. The Responsible Officer of the Town 3oard of tine Town of Dryden is hereby
authorized and directed to complete and sign as required the determination of significance,
confirming the foregoing Negative, Declaration, which fully completed and signed Short EAF .and
determination of significance shall be incorporated by reference in this Resolution -
2nd Cl Leifer
Roil :.all Vote C1 Salomon Yes
Supv Sumnc_r Yes
Cl Makar Yes
Cl Leifer Yes
The board discussed conditions of approval. Supv Surnn('r said the board would like a
description of the parldng arrangement with the neighboring property owner, and that
agmvment should continue until the applicant has established her own parking Ioi.. The
stmidal d conditions will also apply.
"There were no further corr[ments or questions and Supv Sumner closed the public;
hearing at 7.45 p -m-
RESOLUTION 0184 J2010) — APPROVE WMDFLOWERS SITE PLAN REVIEW
0 175 NORTH ROAD
Cl Makar offered the following resoJQtiou and asked for its adoption;
RESOLVED, that this Towai ]Board hereby approves the site plan review application of
Sarah WhitcL d Jb ja Wildflowers to operate a florist biit0 less at 175 North Road subject to the
following conditions=
1.) Standard Conditions of Approval (8=1.4 "2008);
2) ]Proof of temporary parking arrangements uliliaing the adjacent parking facility; and
31 Final off' - street parking plan
211d C1 Leifer
Roll Call Vote Cl Solomon Yes
Supv Sumner Yes
Cl Makar Yes
Cl heifer Yes
CONTINUATION OF PUBLIC HEARING
SPECIAL_ PERMIT APPLICATION OF
PHILIP & KALENDI A SOLAT TO ESTABLISH AN
AUTOMOTIVE BUSINESS AT 301 SCOFIELD ROAD
K Selat presented a revised site plan and a rikore realistic picture of the proposed
building. She also presented a Jei'Wr from a realf.or with respect to property values. Supv
4DSu mn er explained that the board will need time to review the new information- A tty Perkins
Page 9 111' 16
'IFS 1� -dj -IV
said
the
information should be sent
to the
County again. The County commented on the prior
site
plan
and changes are presented
for
the first iimr tonight,
C1 Makar asked whether the applicants shill planned to sell vehicles at ilhe site, P 5alat
said they are going to get out of cars and sell only trailers_ Thc;y will not be sold froin the sii1e,
but will be sold one at time by order and not put out front for sale.
The distance from the ro$d is not clear on the plan, App licsnt wants to site the garage
as close as possible to the house to maintain a residttntial feeling. There will Ix[r only one curb
cut,
P Solal, sa 6a
id he has a cope of the potin that was subtnIRed to the board and said
negative impact on neighboring properties is basically hearsay. Applicant submitted a letter
from a real for stating their garage would not decrease the value of the surrounding properties,
brit will increase the value of 30 1 Scofield Road_ S upv Sumner said there: will be conditions on
the permit to prevent it from becoming unsightly.
K Solat. said granting this permit does not set a precedent. It will not bring in more
commercial buildings_ P Solat said the average person will not know this is an auto re. pair
shop. Supv Sumner suggested the applicants review the town's residential design guidelines.
P Solar said the petition submitted says that noisy;, traffic, and visual interruption, will
diminish quality of life in the neighborhood- They don't want to be compared to other shops
that look horrible. They won't be that way_ They wont be revving engines, etc. NYS DO
requires all repairs to be done inside. Where are regulations with respect to liquids that they
will comply vwith,
The board will continue the hearing in order to review the information submitted.
RESOLU'T`ION #185 (20 10) — CONTINUE SOLAT PUBLIC HEARING
Cl Makar offered the following resolution and asked for its adoption:
RESOLVED, that: this Town Board herebv continues thy: public hearing on the.
application of Philip and Kalendra Solat for a special use permit to relocate their established
autornotive business (commercial garage) PX; Auto to 301 Scofield Road, to January 12, 20117
to allow an opportunity for the board to review the newly submitted information.
ncl Cl Solomon
Doll Call Vote
CITIZENS PRIVIILEGE
Cl Salomon Yes
upv Sumner Yes
C1 Makar Yes
Cl Leifcr Yes
Debbie Lecoq thanked the board for the work done on Varna planning and clean tip of
the corner of route 366 and Freese Road_ She said she was alarmed ut the newspaper article
about waste from the Cornell vet scho(4 ending up in the was tewwnter system_ Supv Sumner
said drinking water was not affertcd by this incident. There was a computer malfunction at
the vet school and a good deal of diluted rnaterW went partly into sanitary sewer and partly
into the storm sewer_ The spill was contained when it x�us discovered. The plant operator
believes the spill will not have any ill effect on the systcrn or the lake_
Page! NofD5
TB 124540
10 Kevin Ezell said this is Henry Slater's last board mecting- K ] }zell thanked him for 13
years of working together that have gone by quickly and been informative. For ten years they
sat face to face at their dr.sks. He said it has been a very warns tune and he has learned a lot.
Henry Sl;9.ter has always been able to work with people and he appreciates him and will miss
him,
TOWN CLERK
B Avery asked the board to approve minutes of previous meeting %_
RESOLUTION #186 12010) - APPROVE MINUTES
Cl Makar offered the following resolution and asked for if.c; adoption:
RESOLVED, that this Tolxm Board hereby approves the following Town Board rne(ning
minutes: Qctvber 20, 2010, October 2 7, 2010, 1~lovember 3, 2010, November 10, 2010 and
November 17, 201-0.
2R1 Cl Solomon
RolI Call Vote Cl Solomon Yes
Supv Sumner Yes
CI Makar Yes
Cl Leifer Yes
HIGIHWAY/DP DEPARTMENT
No report.
RECREATION DEPARTMENT
No report.
Supv Sumner Said the Dryden Community Cafe was awarded a grant .from the Town
this year for a handicap accessilble ramp, a freezer, and a refrigerator, They have $900 left
from the grant. because a refrigerator was not purchased, and they would like to put that.
toward the expense of the ramp. The Dryden Recreation Commission has recommended this
request be denied.
Beth Peck is asking the board to reconsider. She had never been involvecE in a grant
process and this was her first term as president of the oafs, This was a larger ale project
than had been done in the past. They clearly made inistakes and she should have
commu nicarxA mare with arc hI ter ll f builder. The Cafe ewes 900 to finish paying for the
nailing, which was not included in the original plan. They arc not asking for additional funds,
but to use what was already sworded in a different sway, She promises smoother transacticrrn8
in the future.
upv S urn ner said Cl Ste ]ick has told her r.hat he supports reallocating the funds.
The Cafe hrni donations for Che additional expense with the ex(�cption of $900 and the
town has set up an account line to track the cafe donations ($1600), There is sf'ill x $900 gap;
the same amount of rnoney. allocated for refrigerator_ The railing is more of a priority than the
refrigerator. Sn.upv Sumner said they could apply far it in this year's grant, but i�5 not sure that;
funding would be granted to pay a debt. The railing was not in the original design,
'19B 12 -15 -I0
upv Sumner s:�id she has no solution tonight, The probtcm is with the other }work
(phase 11 of the deck) that was done with the money. She needs to see= the budget and
expenditures. Cl Maker said he see no problem with reallocating the money. CL Leifer said he
would like to review the information from their previous grants, 2008 Through 2010. This can't
he regolvecl ton ighl; witholut more informa.tiorl,
B M <:[lroy hats developed a spread sfleet and attempted to sort through the receipts_
There is $23 left from the money allocated for the ramp_ The refrigemfor has not been
purchased, and the freezer was less than they expected. The cafe still owes $1600 plus the
$900 that is left in grant funds_
Cl Maker offered a resolution to approvtc the reallocation and it was seconded by C I
Solomon- There was no vote. The Finance C }ommittee k4�ill rnee1: on Nr�day and discuss this_ A
special town board meeting wiII be held after the Cfommittee has reviewed The: information.
M 13L VrjjC$_
lanconi reported there are 147 children registered for winter acti
CLARITY CONNECT
C;l 1,.eifer presented a contract between the Town and Clarity ConneCtr It defines
responsibilities and obligations and will allow
Clan to apply for an exemption from fees for
their tower permits. Atty Perkins hat,; made a couple of amendments based on information
received from Clarity this afternoon. Cl Leifer moommends that the supervisor be authorized to
sign the agreement with the amendments recommended by A1;ty Perkins.
Atty Perkins reviewed some of the changes made to the agreement, I3e noted there is no
reference in the grant applicatiori to the subscriber fee being $29.95 only if paid yearly. Clarity
proposes a fee structure whereby if the subscriber pays for a year's service (standard wire]ess
interne# broadband service) the amourit is equivalent to $29,95 per month, if paid quarterly it
is the equivalent of $34.95_ Othorwise, the monthly subscriber fee is $39,95_ The term of the
agreement is 5 years. Clarity is required under the grant to maintain this fee structure for five
years_
Cvhuck Bar-to sch of CIari ty said
the actual cost.
to install
the necessary equipment is
about $400_
The
subscriber's cost for
installation will
be $149.00.
Clarity Connect will provide four wircl�-ss hotspots at tocatinns chosen by the Town.
Atty Perkins pointed out that in the grant applications :ire several places where it is
suggested that Town will have certain responsibilitieN_ This agreement does not address those
things. He suggests inserting a new panagraph that says 'Nothing in the grant application
shall be rpnstrued as imposing upon the Town gi n} responsibility or obligation unless it is
spcci>fzcally set forth in this agreement or a supplemental or amended agreerrierit." The board
agrees.
RESOLUTION 0 187 ( D 10) - AUTHORIZE: AGREEMENT WITH CLARITY CONNECT
C:l 1xifer offered the following resolution iuid asked for its adoption=
RESOLVED, that this Town Board hereby approves the agreement. with Clarity Connect
as rek+ir wed and amended, and the Town. S upervisor is hereby authorized to execute the same.
"d C;1 Maker
0 Roll Call Vole C1 Solomon Yes
Sup}- Surnner Yes
Nx_L�c 12 of 1b
TR is - is- io
Cl Makar Yes
Cl Leifer Yes
COUNTY BR EFING
Mike Lane said the government operations committee is meeting tomorrow at 9m00 to
discuss the road preservation local law at the old jail conference roam. Speakers are welcome,
'fhev expect to have representadves from the farmland prow. cti(�n board and 0 Barber from
TCCOO.
The F3J'5 Wholesale project in the Village of Lansing is not going forward. This had to
do with a proposal brought about. by a difi.icuIt zoning :situation in the Village of Lansing. The
project could go forward by itself, but in order for village to allow it, the builder had to
construct two other projects. They had to improve of the wc tlarid area and construct 12
market rate senior houses_ The Village wanted the homes for a transition from residential to
retail. There was a proposal called a PI (Pilot Inerementl 147inancing) where the retailer pays
100% of property taxes, and the taxes go to support bonding for senior housing aid wetland
improvement. The Village of Lansing was very supportive, In opposition came the City of
Ithaca, and there seemed to be a fight over where the project might: be located. The project
would generate $400,000 to $750,000 in sales tax, and there is a benefit to the Municipality
where the project is I Ora ted. The County Legislature authorized the bonding, The IDA voted
not to proceed and M Lane says it hurts this parr of the county, He said he didn't like the
opportunism of the Tillage of Lansing and the City of Ithaca, and thinks a better vote would be
to have it in Lansing. BJ's was not asking for money to. build their store. They were asking for
money to get zoning approval to build their store.
M Robertson said the ILIA spent 0 months on this
amount of time ou it. She voted against it and h s heard
reinforces her opinion_ She was told by a village board m
proposed drying the housing and wetland and the store at
story than was told to the IDA. Sl,e said to stay tuned to
project_
projec. and staff spent a huge
some things since the vote that
ember. that the developer actually
the same time. It was a different
see if they actually go ahead with the
IDA has received a couple of housing proposals that they are reviewing. Tompluns
County IDA does not actually have a policy uFith respect to hour they might encourage housing.
The broadband committee met in November t rtd will meet monthly bC inning in
January.
T=kpkins Regional Airpori. is on track to hit a record on number of flights this year.
Tompkins County Dispatch Center has installed and personnel have been trained on a
new dsta and records management system. This was the last piece of the new emergency
communications systcrrls. Everyone is very impressed with the new system and it will improve
communications across the county I
ZONING OFFICER
No Deport.
ATTORNEY
There are nvoi matters for executive session.
trace 13 of IG
'1913 12 -I5 -10
OTHER
upv Sumner said there has been a request from the chair of the ZBA to amend the
ordinance with respect to alternates. presently alternates can only participate in the event of a
conflict of interest of regular member. Supv Sumner and Atty Perkins recommend that this be
incorporated in the new writing law and the board agr(-,Les.
The closing on the conservation with Stuttles is scheduled for December 21. She said
the County has asked to amend the agreement with them- Atty Perkins said he spoke with 1)
Kwa�no ski about this today and it can be put off to January. The closing is not contingent
on this. The existing agreement with the County says the Town wi11 pay the r)u1- or pocket
oxponses prior to rcimbimsement from NYSDAM and in the event the project doesn't close or is
not completed or nrerything is not reimbursed, the Town and County will tiharo those costs
equally- The Counry and'rawn would split the stewardship fee, The Town would reimburse
tho County for their outnside legal expense when the town is reimbursed from NYSDAM,
The proposed amendment says the TowrL wiII pay Ehe project costs prior to
reiinbursenient, plus pay the County $8,200 for their legal fees prior to closing and half the
stewardship fee if received. Atty Perkins says that doesn't seem fair. They want their legal fees
paid whether or not it closes, That is a change in the agreement- The County is asking the
Town Co Foot everything and take all the risk. Supv $urnner said under the circumstances, she
is willing to put this off until January, She doesn't understand why TC Planning thinks
advancing the olosing triggers their need. if we don't. close this month, the Stu ttles don't get
money until the state comes through, which may be two or three years- The Town is willing to
put up a substantial amount of money to help the property owner and settle the casement -
She isn't sure that means the county sh0uId get paid before the town does- Atty Perkins said
he agrees- He has suggested revisions to the agrr;Cment for D Kwasnowski to cxinsider- The
towel has a policy consideration to make, The matter was tabled for the January meeting-
C;1 Makar asked whether S upv Sumner had conveyed the board's desire for local labor
on the IATP project and she said she had. She will share email exchanges with the board,
'They recognize the importance of using local labor.
Cl Makar is meeting with Andy Znpp regarding a visit to the site of their recent
acquisition on Irish Settlement Road,
B Mchroy reviewed proposed budget modifications with the board-
RESOLUTION # 188 (20 101 - APPROVE BUDGET MODIFICATIONS
Cal Makar offered the fallowing re! tulution and asked for its adoption:
RESOLVED, that this Town Board hereby authorizes thri following budget modifications-.
FROM
E M A
DA2b80
1- 8130.4
1- 8130,1
S 1- 8130,4
SW4- 8310 -4
SW4- 8320 -4
W38320A
538320.4
TO
18030,
DA5130,4
SS 1 -81 1.0,1.
S1,- 9030.8
S1- 9089 -5
SW4- 8:340.4
SW4- 8340.4
SW3- 8/3} 10 -1
Pxgc 14 Of 16
AMk O J NT
560 -21
1)000, 00
600,00
40,00
15.00
230 -00
2,200, 00
1St}, 00
S W218320 -4
SW5- 9710.6
WS -8.3 j1 y0-4
[[�� y[
SW5- 8310.4
5- 9'71.0 -6
884 - 8310.4
584- 83117.4
2nd Cl Solomon
Roll Call Vote
WVm
JyV(yj
Vl 9,8.yf
'j
S-
8340
W5M83
'{y-4
0,1
SWS-
8320.4
SW5-
8320.4
SS4-
81.10.1
4-
9030.8
SS4,9089rS
C1 Solomon Yes
Supv Sumner Yes
Cl Mak' ,ar Yes
Cl heifer Yes
50.00
5,190, 04
529,31
27200-00
254,2Jy 0
11.7-96
1,300.00
65.00
2.5.00
'1913 12 -15 -Ill
Supv Sumner said there_ arty some expenses that need to be paid in wrinection with
closing on the purchase of the development rights on the Stuttle farm and asked the board for
a resolution to cover tho %e expenses. Atty Perkins said those expen%e Lk t5hould not exceed
$3,500 -00 and most of it is a premium for the title insurance. This will be a prepayment and
included in Abstract 13.
RESOLUTION #189 (2010) - APPROVE CLOSING
Cl Leifer offeired the following resolution and asked for it.% adoption;
STUTTLE
RESOl VED, that this Tovwm Board hereby approves expenses not to exceed $3,500.010 in
canaection with the closing for the purchase of development rights for the Stutl.lc: roan, a.nd the
Town Supervisor is authorized make those payments in advancf: of Abstract #1S.
2,10 Cl Makar
bills_
Roll Call Vote C1 Solomon Yes
Supv Sumner Yes
1 Makar Yes
Cl Leifer Yes
B Avery asked the board to approve postage for mailing of the 2011 real propetty tax
RESOLUTION # 190 (20 101 - AUTHORIZE POSTAGE FOR TAX BILLS
C<1 Leifer offered the following resolution and asked for its adoption=
RESOLVED1 that this Town Board hereby -approves atz arnuant not to exceed $2,500.00
for postage for mailing the 201 1 tea] property tax bills.
2 "d C] SOlomon
Roll Call Vow
Cl Solomon
Supv Sumner
C;1 Makar
Cl !.Mier
Yes
Yes
Yes
Yes
Page Is uF 16
rpri 12 -I5-10
upv Sumner said
they are roiling out the
Consortium health
insurance
coverage the
first of January. They are
not confident the'fealnsters
members will
be coming
along.
On motion made, scconded and unanimously+ carried, the beard moved into executive
session at 9:55 U_rn. to discuss two matters of litigation- NO fiction was taken, and the mCCCirtg
was adjourned at 10:YC}_m.
Respectfully subrnifl:ed,
XI 5 - a
Balllbl L. livery
Town Clerk
Page I(PilFI(;
Dryden Town Board Meeting
Dryden Town Hall
93 East Main Street
Wednesday, December 15, 2010 � 7:00 PM
AMENDED
1. Call Meeting to Order
2. Pledge of Allegiance
3. Roll Call
4. Public Hearing
a. Dog Law
b. Wildflowers
C, Solat
5. Citizens Privilege
61 Toi�%71 Clerk
B Avery
a. Approve Meeting Minutes for October 20, October 27, November 3, November 10, and
November 17
7. Highway Superintendent/Dept Of Public Works J Bush
8. Recreation Department M Bianconi
a. Dryden Community Caf6 grant
9. County Briefing
10. Zoning Officer
11. Environmental Planner
a. Amendment to FPIG Agreement vvvPl'ompkins County
12. Engineering
13. Attorney
14. Unfinished Business
15. New Business
a. Role of ZBA Alternate Members
16. Committee Reports (3 minutes or less each, please)
a. Finance Committee
b. Personnel Committee
c. Technology Committee
d. Recreation. /Youth/Community Centers Committee
17. Future Agenda Items
18. Executive Session (if necessary)
Town Board Organizational Meeting
Monday, January 3, 2011 at 7:00 PM
Town Board Abstract and Agenda Meeting
Wednesday, January 12, 2011 at 7:00 PM
® The Next Town Board Meeting will be
Wednesday, January 19, 2011 at 7:00 PM
13 Peck
County Rep
H Slater
D Kwasnowski
A Sciarabba
M Perkins
Makar /Leifer
Stelick/Leifer
Makar /Leifer
Stelick/Leifer
Town of Dryden
Town Board Meeting
® December 15, 2010
Name - {P
_
lease Print _}
__, _ _ __ _.._
Address or Board
Li!::mlmrAs
Fil
cbti
12 -15 -10
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
�t
a AL)
Address
LlC� c,4 -
Al (Vibn