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HomeMy WebLinkAbout2011-02-16*1112-16-11 TOWN OF DRYDEN TOWN BOARD MEETING February 16, 2011 Present: Supervisor Mary Ann Sumner, Cl Stephen Stelick, Cl Joseph Solomon, Cl Jason Leifer, C1 David Makar Elected Officials: Bambi L. Avery, Town Clerk Jack Kush, Highway Superintendent Other Town Staff: Jeff Kirby, Telecommunications Consultant Andrew Sciarabba, TG Miller Engineers Supv Sumner opened the meeting at 7:00 p.m. and board members and guests participated in the pledge of allegiance. CITIZENS PRIVILEGE Arthur Berkey, Chair of the Varna Community Association, read a statement (attached) regarding a master plan for the Varna area. Don Scutt, 13 Palrnear Road, honored to be able to speak to board. lie said there is some inconsistency on boards and commissions in the gown, and inconsistent rules regarding town residency. He believes boards and commissions should be comprised of members of the Town of Dryden. The Board has appointed non -town members and allowed people to serve on more than one board. He asked the board to look at the current membership of its boards and commissions and try to solidify them. He was recently not reappointed to a commission, and is disappointed in the process of the selection. Applicants for a certain commission were not informed when the vote would be and then not informed of the results for three weeks. Town board members did not interview potential members, and (lid not ask for his thoughts. He believes this was lazy governance and said all politics is local. He said he will be back next month and ask board to accept a proposal that Town of Dryden property taxes be cut 10% in 2012_ Deborah Cipolla Dennis, read a statement (attached) regarding the proposed sound performance standards. LeRoy Holman, 309 Beam Hill Road, said his property borders the town's tower site. His questions are: What will the tower mean to the community, since the site has already been sunteyed and marked, has a decision already been made? Those questions will be answered during the hearing. Kimberly Tuttle, 488 Bone Plain Road, has questions about the proposed tower on Bone Plain Road and wondered if it would affect her cell phone reception. This will be addressed during the hearing. Joanne Cipolla Dennis, 964 West Dryden Road, read the attached statement with respect to hydrofracking. She added "One neighbor who signs a gas lease ruins everyone around them. My constitutional rights are given up by my neighbor's swipe of a pen and that is against my will, and we haven't. even approached that. issue." P;ige I of Is r "rB 2 -16 -11 Supv Sumner said she appreciates the efforts of DRAC. She said she is reminded of • President Obama's comment yesterday that "because you don't see it happening right now, doesn't mean it's not happening." They do take these issues very seriously and are doing a lot of work outside these meetings, and you'll see the results of their work later i.n the sound performance standards. Several other issues are being addressed. She will reach out and keep thern updated on the progress. PUBLIC HEARING SPECIAL USE PERMIT APPLICATION OF CLARITY CONNECT TO CONSTRUCT A TELECOMMUNICATIONS TOWER ON BEAM HILL ROAD FOR THE PURPOSES OF ESTABLISHING A WIMAX INTERNET SERVICE TO NEARBY PROPERTIES Supv Sumner opened the public hearing at 7:30 p.m. and Town Clerk 8 Avery read the notice published in The Ithaca Journal, Chuck Bart:osh, of Clarity Connect, said in 2007 Clarity looked at internet access in the Town of Dryden. Many residents had asked them to provide service. The terrain in Dryden makes it difficult if you are outside of the denser areas that don't have Time Warner coverage. The State recognizes the problems with access in rural arras, even though it is seen as a social good. In December of 2007, the State announced a grant program to bring intemet access to rural areas. Of 55 applicants across the stage, Clarity was two of the nine winners. Clarity was able offer prices similar to urban areas (as lows as $29.99 a month). C Bartosch said this was a joint: application between the Town, TC3 and Clarity, with Clarity taking the lead. The Town was going to try and bring more government services online and that would save money for the town and its residents. There is also an education component: of the grant application. TC3 will offer free remote classes via the internet. Clarity has agreements %with five competitors to sell off of their system or use their system. Pie added that their original application was for twelve towers, but major technology changes have allowed them reduce the number of new towers to three. They will also be co- locating on some existing towers. They expect to be able to serve at least 90% of the residents of the Town of Dryden with this project. The Beam Hill tower is necessary to their service because of its location and a new tower is necessary because capacity has been reached on the existing tower. Le'.Roy Holman asked what the towers would look like and was shown a photo. He asked about the survey markers and was told that the survey was necessary because that is Town owned property and we did not have a survey on file. There are markers showing the proposed location of the new tower. Mitch Collingsworth, 315 Beam Hill Road, said the proposal sounds interesting and worthwhile, The total height of the new tower will be 25' higher than the existing one and the application states the tower may eventually be extended another 25'. The extended height will make it more noticeable. He did not see limiting language with respect to future height. There is a document from the FAA that as currently proposed no aircraft warning light is required. With the possibility of extended height, it would have to be revisited. A flashing light: would be unwelcome in the neighborhood. He would like assurances with respect to that. C Bartosh said the potential for a. 25' height increase is a town requirement to allow for future co- location, and would mean another application. He believes the trees prevent the towers from being too visible. Page 2 of 18 TH 2-16-11 M Collingsworth said until a balloon is flown they are unsure about the visibility. The tower should be no higher than necessary without justification. He is not convinced that the proposed height is necessary. He also noted that not all the towers have two different backhaul links. Some have two l)aek to Mt Pleasant. Supv Sumner said this will be addressed during the board's review. Mark Bell, of the Dryden Fire Department, said the department is one of the users on the current town tower. He asked when will that tower come down, and will they be. informed. He understands there is a possibility of there co- locating on the new tower, but they are unsure of the cost. Supv Sumner said they aren't sure yet, but will keep them informed. PUBLIC HEARING SPECIAL USE PERMIT APPLICATION OF CLARITY CONNECT TO CONSTRUCT A TELECOMMUNICATIONS TONER ON BONE PLAINE ROAD FOR THE PURPOSES OF ESTABLISHING A WIMAX INTERNET SERVICE TO NEARBY PROPERTIES C Bartosch said this location is fundamentally necessary because there are some areas that are not seen by other towers in the network. This location will serve the northwest corner of the town and duplicate some coverage from the Mt. Pleasant and Beam Hill towers. There are 75 to 125 households that are not seen by any other location. K 'Tuttle said she has a wireless modem and her concern is that if she is near that she has trouble with her cell phone. She wonders if the tower will affect: her cell phone reception. Supv Sumner said the tower will not affect her cell phone service, and if it does, she ® should notify the Town and the Clarity Connect tower will have to discontinue. C Bartosch said the power that reaches the house from the tower is much less than from a wireless router. Steven , 549 Bone Plain Road, asked how much construction traffic will be generated by this project on Boric Plain Road. Supv Sumner said there will be minimal traffic and that will be addressed in the application review. PUBLIC HEARING SPECIAL USE PERMIT APPLICATION OF CLARITY CONNECT TO CONSTRUCT A TELECOMMUNICATIONS TOWER ON MIDLINE ROAD FOR THE PURPOSES OF ESTABLISHING A WIMAX INTERNET SERVICE TO NEARBY PROPERTIES C Bartosch said the Midline Road tower will serve 15 households (50 to 55 people) that: cannot be seen by other towers. Most of these people do not have high -speed internet and if it weren't for the grant, there is no way they would have that access because it is a relatively low populated area and the terrain is prohibitive. Dave Wickst:rom, 22 Goodband Road, said he has a lot of conner is with the application. He received notice on February 9, giving him little time to learn about the permit, the process, research the issues and prepare; to respond. He thanked whoever was responsible for putting the application on the town's websit:e, and thanked Dan Kwasnowski who patiently answered his questions. He supports building of a diverse, competitive, affordable communications infrastructure, but treasures the area's natural beauty more. This proposal seems to address Pagc 3 of 18 TB 2 -16-11 the need, but he can find no Wi Max access for under $09 per month, which is more than others providers chary and more than some people can afford. He hopes provision For low- co M, access have been included in the proposal, because For some people he helps with computers, $9-95 a month for dial -up is about their Urnit. 'IThc area he lives in is a stunningly beautiful natural area and close to the Roy H, Park Preserve, the Yellow Barn State Forest, the Hammond Hill State Porest, and a large natural area owned by C±orne11 University. Bath the Finger Lakes Land Trust and Tompkins County Planning describe the ama as a gem in ilhc emerald necMacc, a crescent of protected lands around Ithaca. Tompkins County Planning has identified these forest lands as one of the fourteen natural featuMe; foeu;k areas included in the Tompkins County Conservation Plan - The proposed tower at 110' could leave 60' showing above the tree taps. D Wickstrom displayed pictures of arltennatr; a6vainNt tr(�eS- He is concemvd about the added weight and windload of co- located antennas, D Wickstrom said the proposed tower is close to being in lit Tompkins County Airport. He has spoken with a representative= of for antenna mark.irng and the trigger paint for mandatary lighting. 200' marking is required, and under 11hoE heighil ii: may or MUy not 1,1 -,at the application presented to the FAA was for a 100' tower, not height would void the permit and require re- permitting. to with the approach to the the FAA about requirements [n general for towers above be required. He learned 1 1W. and that a rhange in Iie is concerned with the generaaI condition of radio waves, Achieving uniform coverage over the terrain could be very challenging and if the design does not achie;v( its goal, the tower height could increase. Jule is not sure this location has been the subject of an instruinented engineering field study- I} Wickstrom is also conecrnrd shout what seems to be -nixed o�wrtcr hip, Tt appears that Clarity Conncvct, the Town of Dryden, Paul Lut ak and the state are involved in this project. He asked what happen% if a partner wants out or 1f M r- Lui1wak wants to sell the property. It is likely that a major carrier r yaY Frit;k up Clarity Connect. A -Major Corporation's soli interest is maximizing revenue from their assets. The technology proposed in the application is being adopted worldwide by major players. It is likely that it will grow. D Wickstrom said he has other concerns with the application that lie has not had 11ime to investigate and he hopes that a future opportunity will be available to address his concerns. He asked that any permit be constrained to preserve and protect the town- upv llmncr said aesthetics is a major concern for the town, next to safety- if the permit ie granted it will specify whether lighting is allowed, and ill this case: it. will not be. 13<�Lrtosch said the tOWTI ordinance requires a tower be built to alIow for extension, but Clarit}' has speci fically requested thaE not he t1ie case in their application. There i�i 7ero chance there ever be lighting on this tower- The site is over five miles from the airpnri: anti the dower is low. They have clone their reselirch and believe the, tower height is sufficient and will not need to be higher - They may not necessarily hit every household as predicted. upv Sumner said she will check to make sure there is a permit from the FAA for a toirver of 116' in height, Supv Sumner thanked the engineers present and said this is engineers week. TI3 2 -16 -11 Martin Gordon, 635 Midline, lives down the hill from this site. They already have a problem with water runoff in back, and this construction would make it worse. He is also concerned with traffic. Rose SutCin, 635 Midline Road, said it is rude that they want to build behind her house and didn't tell them. The roadway the neighbors put behind her floods her property. She has lived in the neighborhood her whole life and she doesn't know anyone that needs high -speed internet. She has high -speed internet at her house and doesn't need a tower behind her house. She asked how this xvill affect her taxes one way or another. It will only affect 55 households and she wonders which ones. Most of people who live there are her relatives and not one of them uses the internet. She doesn't see the need for this tower. Frontier already gives them high -speed internet. This will screw up the environment and drive out the few animals left there. She asked how much more traffic will be there. Supv Sumner said that will be addressed as the application is reviewed. There were no additional questions or comments from the board or the audience, and the public hearings were closed at 8:24 p.m. RESOLUTION #48 (2011) - CLOSE CLARITY CONNECT PUBLIC HEARINGS Cl Solomon offered the following resolution and asked for its adoption: RESOLVED, that the three public hearings for special use permits for Clarity Connect are hereby closed. 2114' Cl St:elick. Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes Cl Makar Yes Cl Leifer Yes TOWN CLERK RESOLUTION #49 (2011) - APPROVE MINUTES Supv Sumner offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the Town Board meeting minutes of January 3, 2011, January 12, 2011, . and January 19, 20111 211d Cl Stelick Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes Cl Makar Yes Cl Leifer Yes HIGHWAY SUPERINTENDENT /DPW Highway Superintendent Jack Bush has previously provided the board with his proposed §284 Agreement. to Spend Highway Funds for 2011 and asked the board to approve it. 119ge S of 1R RESOLUTION #50 (2011) - APPROVE $284 AGREEMENT Supv Sumner offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the 2011 §284 Agreement. 2«li Cl Stelick Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes Cl Makar Yes Cl Leifer Yes TB 2 -16-11 The §284 Agreement was signed by the Highway Superintendent and Town Board members. The new pickup truck ordered at the end of 2010 has arrived and he was hoping for a resolution authorizing payment outside of the monthly abstract. RESOLUTION #51 (2011) - APPROVE PURCHASE ORDER FOR IMMEDIATE PAYMENT Cl Stelick offered the following resolution and asked for its adoption: WHEREAS, the Highway Superintendent is authorized to purchase one 2011 new and unused 4X4 Pickup Truck not to exceed $30,000; and WHEREAS, the bid was awarded to Royal Motors and the truck has been delivered; therefore, be it. RESOLVED, that this Town Board hereby approves payment outside the abstract, of PO #10 to Royal Motors in the amount of $261400 and directs that the check be cut and sent to the vendor immediately. 2nd Supv Sumner Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes Cl Makar Yes Cl Leifer Yes J Bush said that bids for the new mower were opened today. This mower will attach to the loader they have and they will be able to eliminate one tractor. A new tractor with a mower would have cost around $100,000. The low bid that he is requesting approval for is $52,560 from Stephenson Equipment, Inc. The other bid received was $58,620 from Joe Johnson Equipment, Inc. RESOLUTION #52 (201 1) - ACCEPT LOW BID FOR MOWER Supv Sumner offered the following resolution and asked for its adoption: Pagc 6 of 18 TR 2 -16 -11 RESOLVED, that this Town Board hereby accepts the low bid from Stephenson • Equipment, Inc. in the amount of $52,560.00 for a SO" flail mower, as recommended by the Highway Superintendent. 2nd Cl Stelick Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes Cl Makar Yes Cl Leifer Yes With respect to the Clarity Connect. Beam Hill tower application, J Bush said the Highway Department's radio equipment is on that tower. Over time the trees grew up and interfered with communications. Connell added 50' to the tower and that unproved communications. There currently are places in area where radios don't work well now, perhaps because of trees again. It would be nice to know if the tower was raised if the town's communications would improve, There: is a wooden pole with an antenna that may have the fire department's equipment on it. Their communications have diminished some. Supv Sumner said the relocation may help. Mark Bell, Neptune Fire Chief, said Neptune's stats were emailed to the supervisor. in January they had 22 calls, with a 3 min 11 seconds average response time, and an average of 7 fire fighters per call. He thanked the town for funds for their bailout: systems. They have been received and will be installed March 2, followed by training. They will attach a membership list to their monthly report in the future. Cl Stelick thanked him for attending the recent chiefs meeting. RECREATION DEPT No report.. COUNTY BRIEFING No report. PLANNING DEPARTMENT Special Use Permit - Solat - 301 Scofield Road Supv Sumner said the board had been lacking one piece of information and Mr. Solat had informed her that the distance from the centerline to the proposed driveway off of the main driveway is 37 feet. The board spent some time discussing the application last week and developed some conditions for approval. Supv Sumner said that: the board feels the conditions address the neighbors' concerns. Cl Makar reviewed the conditions with the applicant. Any vehicles not registered to the applicant must be kept inside. Supv Sumner said the property should look like a residential property, not a commercial garage. P Solat said that he understands the need to maintain a residential feel on the property. With respect to trailer sales, applicant states they will do that only on a very small scale, one at a time. Any trailers will be stored out of sight from a public way. Page 7 cif I8 41'13 2 -Ifi -I The board reviewed the short environmental assessment form. The amount of land affected on the initial application was left blank. It was changed to less than 0.25 acres in two places with the applicant's approval. RESOLUTION #53 (2011) - NEG SEQR DEC - SOLAT SPECIAL USE PERMIT 301 SCOFIELD ROAD Supv Sumner offered the following resolution and asked for its adoption: WHEREAS, A. The proposed action involves consideration of the application of Philip and Kalendra Solat to establish a commercial garage at 301 Scofield Road. B. The proposed action is an Unlisted Action for which the Town Board of the Town of Dryden is the lead agency for the purposes of uncoordinated environmental review in connection with approval by the Town. C. The Town Board of the Town of Dryden, in performing the lead agency function for its independent and uncoordinated environmental review in accordance with Article 8 of the New York State Environmental Conservation Law - the State Environmental Quality Review Act "(SEQR), (i) thoroughly reviewed the Short Environmental Assessment Form (the "Short EAF"), Part I, and any and al.l.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 Il; 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 NYCRR §617.7(c), and (iii) its completion of the Short EAF, Part. 11, including the findings noted thereon (which findings are incorporated herein as if set forth at length), hereby makes a negative determination of environmental significance ( "Negative Declaration ") in accordance with SEQR for the above referenced proposed action, and determines that neither a full Environmental Assessment Form, nor an Environmental Impact Statement will be required, and 2. The Responsible Officer of the Town Board of the Town of Dryden is hereby authorized and directed to complete and sign as required the determination of significance, 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 Ci Solomon Roll Call Vote Cl Stelick Cl Solomon Supv Sumner Cl Makar Cl Leifer Yes Yes Yes Yes Yes Page 8 of 18 TH 2- 16-11 0 RESOLUTION #54 (2011) - APPROVE SOLAT SPECIAL USE PERMIT 301 SCOFIELD ROAD Cl Ma_kar offered the following resolution and asked for its adoption: WHEREAS, Philip and Ialendra Solat have applied for a special use permit to establish a commercial garage at 301. Scofield Road in the Town of Dryden, and WHEREAS, the Town Board has reviewed and considered the application submitted by the applicant, together with written and oral comments and concerns of neighboring property owners, and the §239(1) and (m) review by Tompkins County Planning, and WHEREAS, the Town Board has reviewed the short environmental assessment form and made a negative det:ermi.nation of environmental significance, now, therefore-:, be it RESOLVED, that the special use permit application of Philip and Kalendra Solat to establish a commercial garage at 301 Scofield Road is hereby approved, subject to the following conditions: 1. Standard Conditions of Approval (8-14- 2008); 2. ]-lours of operation shall be Monday through Friday from 7:00 a.m. to 6:00 p.m and Saturday and Sunday from 10:00 a.m. to 5:00 p.m. 3. No outside storage of oil, gas or similar liquids. 4. No outside storage of vehicles not registered to the applicant under any circumstances. 5. Lighting shall be of a non- commercial nature. 6. Any signage shall be in accordance; with the `I own of Dryden sign ordinance. 7. No outside storage of tires or auto parts. S. Trailers for sale will be stored out of sight from a public way. 2nd Cl Stelick Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes Cl Makar Yes Cl Leifer Yes CITIZENS PRIVILEGE (continued) Joe Wilson, speaking for himself, his wife Martha, Mitchell and Linda Levine and Marie McRae said each of them petitioned for a noise ordinance, now called the sound performance standards. Their comments were submitted in a letter sent to board. They found the definitions in the proposed ordinance confusing and narrow. The penalties seem insufficient to deter companies from compliance with the ordinance. He has seen a draft of amendments and they seem to broaden the definitions in a positive way and asked that the board give favorable consideration to their letter and to the proposed amendment. Supv Sumner said the public hearing on this zoning ordinance amendment will be next month. This is not an ideal situation because of we are in the process of updating the zoning regulations. They will become a local law upon adoption. The wanted to do the sound performance standards as an amendment to current: ordinance in the meantime. The Town is limited in the fines that can be imposed under the current zoning ordinance, but the new zoning law will have more leeway in that regard. P000C 9 of Is 'I'll 2-16-11 Cl Leifer said the definitions handed out earlier were proposed to cover high impart industrial uses. They also included a definition of deleterious substances. Atty Perkins explairu:cl the sound p <,rforrnance standards were introduced last week. to allow time to notify adjoining municipalities and notify county planning. He suggested going ahead with it as introduced and then amending the new article after adopted. Cl Leifer will work with Atty Perkins on the definitions in the meantime. CLARITY APPLICATION ]REVIEW The board reviewed Clarity's applications and the issues that: were brought up during the public hearings and the findings of the telecommunications consultant. Beam Hill Site - Supv Sumner asked C Bartosch whether he had addressed the concerns in J Kirby's letter. C Bartosch said he has 60' to control collapse and that document. It will contain an it the compound design. J Kirby adequately reflected in the site services, etc. Each application new engineering information that will include a weak strut at is incorporated in the diagram. He will resubmit new lustration of possible co- location. There are slight differences in said each plan will be different: from the others and should be plans, showing leased area, fenced area, gates, electrical needs a different diagram specific to that site. C Bartosch said they are trying to keep it as inexpensive as possible and trying to use the exact same compound in all three places. Where the electric goes in is not material. As- built drawings will be submitted after the electricity and other items are finally located, The EAF contained numbers that C Bartosch came up were calculated with I) Kwasnowski. He is willing to change them to those suggested by J Kirby regarding the amount of ground disturbance of the site. Removal bond - A removal bond must be provided for each site. Applicant is concerned about the cost of that bond. C Bartosch said Armor Tower has agreed in writing to be responsible for removal if the tower is abandoned. Atty Perkins said that is okay if they provide a surety. A letter of credit can be submitted in lieu of a bond. The board will not waive this requirement. Limited topographical survey - C Bartosch said this is an expense that has no value in his opinion. J Kirby said he has recommended this for the Midline Road site because the location is a little nebulous. It's just a spot marked on an aerial photograph and we don't really know how steep the slope is. J Kirby without some kind of survey there is potential for approval sight unseen. We need to pin down the location and we need documentation that establishes the location of improvements. A topographical survey is not necessary for Beam Hill, J Kirby said the location of the leased area and the location of the compound area is necessary for all three sites. Numbers 1.9 through 22 in J Kirby's letter have been resolved. I'agu IIl of IS aril 2 -16 -11 Applicant would like the requirement for soil borings waived. J Kirby said the borings are necessary under the local law, and the foundation needs to be designed. The foundation could be designed based on assumptions to be verified during construction, but a design needs to be submitted. if a waiver is granted, Town Planning personnel must witness the excavation and determine that it is in fact sound and not on a mudhole that will be a problem later on. C Bartosch said the foundation is to be designed by Armor Tower and he will submit stamped, signed drawings for the foundation. A Sciarabba said borings should be required; he is not in favor of a waiver. Photos replacements - C Bartosch said there have been no sunny days that he was available to do pictures and he will do it when a sunny day comes along. J Kirby doesn't anticipate a concern, but would like a clearer picture than those submitted; they are fuz-ry. The local law requires the applicant to submit a photosimulation from various view points. Applicant has requested a waiver because the towers will be located in relatively low visibility areas. J Kirby doesn't feel this is absolutely necessary. The following will be required of the applicant for the site indicated: Beam Hill Road - Resubmit: break point. document - done. Layout of compound with location of lease area Removal bond Foundation design and soil boring A revised more detailed site plan Photos Satisfactory lease in place isBone Plain Road - Possible location of future antennas - has been addressed Applicant accepts suggested amendments to EAF Removal bond Foundation design and soil boring A revised, more detailed site plan Photos Driveway access width - determination that W is sufficient for ambulance More detail on clearing area around the compound. Lease area for eo4ocators, compound area and location of equipment. Midline Road - Survey and slope Is the logging road sufficient? It meets driveway standards. Applicant accepts suggested amendments to EAF Removal bond A revised, more detailed site plan Foundation design and soil boring Photos Access drive (casement) crosses a neighboring lot. A copy of the easement: will need to be submitted. J Kirby said all items 3, 4, S, fi, 12 and 14 in his summary comments should be incorporated in the information submitted for each site. Piioe I I iif 18 'I'li 2 -1G -I I C Bartosch said there was an email from Carol Schwartzott about the height of the tower and lighting. He spoke with her about her concern. The FAA assumes you are 50' higher than you say and they are not requiring lighting. He has demonstrated to her satisfaction that the tower will not be visible above the tree line froth her deck. Cl Makar asked if the neighbor was satisfied with appearance of the towers :and C Bartosch said yes. Cl Makar asked how much constriction traffic there would be on bone Plain Road, C Bartosch said it would be a couple of days worth, Cl Makar said there was a question about the price of the product and it says $29 per month in the application. With respect to concerns about water runoff at the Midline Road location and wildlife, C Bartosch said there really are no wildlife effects. The only line going to the tower will be the underground wire from a transformer that already exists. J Kirby said a survey will help address the runoff question. Supv Sumner said it is important: to have accurate information in the application. J Kirby pointed out the application is for 127' not 120' C Bartosch said they are already located on the WVBR tower and have applied to go on the county tower on Mt Pleasant. This will require a co- location application before the town board. Supv Sumner said the public hearings have been closed and the board has 62 days to take action. With respect to a waiver of town fees, Supv Sumner said that request will be evaluated in light: of the town's conditions in the local law for a waiver of fees. Outstanding engineering fees are currently about $3700, plus the application fees. The board will review the request. Cl Makar told C Bartosch the sooner these outstanding items are resolved, the sooner the application can be approved. The board took a break at 9:53 p.m. and resumed at 10:00 p.m. Supv Sumner said a resolution is necessary authorizing an agreement with Behan Planning Associates for the Varna Area Development Study. RESOLUTION #55 12011) — AUTHORIZING AGREEMENT WITH BEHAN PLANNING ASSOCIATES FOR VARNA AREA DEVELOPMENT STUDY Supv Sumner offered the following resolution and asked for its adoption: WHEREAS, the Town Board has agreed to conduct a development study in and around the hamlet of Varna to inform certain zoning decisions; and WHEREAS, on January 28, 2011, Behan Planning Associates submitted a proposal for such a study including a workscope with an estimated cost: of $70,000; and Page 12 oI' 18 7013 2- 16-11 WHEREAS, the 2011 . Dryden Town Budget, adopted on November 3, 2010, includes $40,000 to conduct said study; therefore RESOLVED, that the Town Board authorizes the Supervisor to sign an agreement with Behan Planning Associates not to exceed $40,000 and respectfully requests Behan Planning Associates to submit a workscope that can be accomplished within that limit. 2nd Cl Makar Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes Cl Makar Yes Cl Leifer Yes ENGINEERING Andy Sciarabba reported they are working on the Cortland Road Water District map, plan & report and expect to have a rough draft by the middle of March. Thev did receive a copy of the Village's resolution pushing the cutoff date for water service beyond Lee Road. They scorn to be looking at the mobile home park's well as a possible water source for solving this problem or being a second source of water for the Village and also mentions annexation. So as to not duplicate efforts, A Sciarabba will contact the Village and determine what they are in fact doing. ATTORNEY Atty Perkins reported that the Bellisario & Philips matter has been resolved. The Supreme Court has entered a permanent injunction enjoining them from any use of the property without complying in full with the Town of Dryden Zoning Ordinance and all other application local laws. The matter- in the Town .,Justice Court where accusatory instruments were filed against them for a violating stop work order and failing to comply with their stormwater construction permit, each of them were fused $3,700. The dangerous dog case that was on appeal has been resolved satisfactorily. The owner was cited for a violation of Town's Dog Control Local Law. The dog was released to the owner under strict rules (muzzle, confined, controlled by adult). On any violation of any of the terms or conditions, the dog will be humanely destroyed. The owners admitted it was a dangerous dog and had bitten on two previous occasions. The record did riot support the decision to destroy because the bite was not serious. Atty Perkins believes this was a good resolution. The Dog Control Officer has been paid in full. The dog was microchipped and the owner has provided proof of liability insurance. Unfinished Business Finger Lakes Land Trust acquisition - Cl Makar is working on a resolution. There will need to be a contract for what the gown receives in exchange, 1 Supv Sumner asked the board to approve the Bolton Point union contract. The board has previously received and reviewed the proposed contract and accompanying information. 0 RESOLUTION #56 (2011) Page 13 or 18 TB 2 -16-11 Resolution Approving the Contract with the International Union of Operating Engineers for the Southern Cayuga Lake Intermunicipal Water Commission's Employees Supv Sumner offered the following resolution and asked for its adoption: WHEREAS, the majority of the Southern Cayuga Lake Intermunicipal Water Commission's (Commission) non - managerial employees in the Production and Distribution Departments voted affirmatively on January 31, 2001 to be represented by the international Union of Operating Engineers for the purposes of collective bargaining; and WHEREAS, in January 2007, the Commission and the employees in the union bargaining unit approved a successor agreement to the original contract; and WHEREAS, the successor .agreement expired on December 31, 2010; and WHEREAS, the Commission, in good faith, entered into contract negotiations with the union for a renewed contract for the contract that expired on December 31, 2010; and WHEREAS, on January 21, 2011, the Commission's negotiating team reached tentative agreement: on a contract with the union's negotiating team; and WHEREAS, on January 26, 20.1. 1, the employees in the union bargaining unit ratified the tentative contract; and WHEREAS, the Commission reviewed and approved the tentative contract at the February 3, 2011 meeting of the Commission; and WHEREAS, the Town of Dryden Town Hoard has reviewed the tentative contract and determined it to be acceptable; NOW, THEREFORE, BE IT RESOLVED, the Town of Dryden Town Board does hereby approve the tentative contract; and, be it further RESOLVED, the 'Town of Dryden Town Board authorizes the Commission's negotiating team to sign said contract as presented. 2,1,1 Cl Makar Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes Cl Makar Yes Cl Leifer Yes Supv Sumner said she has a request from the Guthrie Clinic with respect to their refinancing process. A few months ago the board approved a joint public hearing and now they would like us to pass their proposed host jurisdiction resolution stating they are a benefit to the town, RESOLUTION #57 (2011) RESOLUTION AUTHORIZING HOST JURISDICTION APPROVAL OF THE ISSUANCE OF REVENUE BONDS BY THE CENTRAL BRADFORD PROGRESS AUTHORITY AND DECLARING THAT IT IS DESIRABLE FOR THE HEALTH, SAFETY AND WELFARE OF THE PEOPLE OF THIS HOST JURISDICTION FOR THE CENTRAL BRADFORD PROGRESS Page 14 of 18 TB 2 -1 6-11 AUTHORITY TO FINANCE AND REFINANCE CERTAIN FACILITIES SERVING THE PEOPLE 0 OF THIS HOST JURISDICTION Supv Sumner offered the following resolution and asked for its adoption: WHEREAS, the Central Bradford Progress Authority (the "Authority") has requested the assistance of this Host Jurisdiction in providing "host approval" under section 147(f) of the Internal Revenue Code, as amended (the "Code ") in connection with the issuance by the Authority of its revenue bonds in a principal amount not: to exceed $300,000,000 (the "Bonds ") for the purpose of making a loan to Guthrie Health, a Pennsylvania nonprofit corporation (the "Borrower"), to finance and refinance the costs of acquisition, construction, renovation, equipping, furnishing and installation of land, buildings, equipment, furnishings, fixtures, and software for the provision of clinical, hospital, inpatient, outpatient, diagnostic, treatment, ancillary, support and /or other health care related services provided by members of the health care system headed by the Borrower- at various locations, including locations in this Host Jurisdiction; and WHEREAS, section 1470 of the Code requires the approval of the governing body or chief elected representative of each state or local government jurisdiction in which bond - financed facilities are located, following a public hearing by an authorized representative of the state or local government jurisdiction; and WHEREAS, in accordance with the above - mentioned requirement, a public hearing was held by or on behalf of this Host Jurisdiction respecting the proposed issuance of the Bonds to finance and refinance facilities that are located within this Host Jurisdiction, after notice of the hearing (the "Hearing Notice ") was published not less than 14 days prior to the hearing date in a newspaper of general circulation in this Host.) urisdiction. A copy of the Hearing Notice and proof of publication thereof is attached to and made a part of these resolutions as Exhibit A hereto. NOW, THEREFORE, BE IT RESOI.VEO AS FOLLOWS: 1. The issuance of the Bonds to finance and refinance costs of facilities described in the Hearing Notice that are located in this Host Jurisdiction is hereby approved in accordance with section 147(f) of the Code. This approval does not impose any liability on this Host Jurisdiction or in any way involve this Host Jurisdiction in the issuance of the Bonds, nor shall the credit: or taxing power of this Host Jurisdiction be pledged in any way for the issuance of the Bonds or the financing and refinancing of any projects with respect thereto. 2. It is hereby declared desirable for the health, safety and welfare of the people in this Host Jurisdiction to have the Authority issue 1 :he Bonds for the purpose of, among other things, financing and refinancing costs of facilities located in this Host Jurisdiction. 3. The proper officers, authorized representatives or designees of this Host Jurisdiction are hereby authorized, directed and empowered to execute and deliver a copy of these resolutions and such other documents or certifications as may be required of this Host Jurisdiction for the host approval. Without: limiting the generality of the foregoing authorization, this Host Jurisdiction is authorized and empowered to execute and deliver a Certificate of Approval in the form attached here to as Exhibit B, 0 4. These resolutions shall be effective immediately upon adoption. All prior resolutions inconsistent herewith are hereby rescinded to the extent of such inconsistency. Page 15 of i8 2"d Cl Stelick • Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes Cl Makar Yes Cl Leifer Yes TB 2 -I6 -II Cavuga Press has requested a modification of the HUD loan repayment schedule. Atty Perkins has prepared a modification agreement and it has been reviewed by the board. RESOLUTION NO. 58 (2011) - AUTHORIZE MODIFICATION OF CAYUGA PRESS AGREEMENT Cl Stelick . offered the following resolution and asked for its adoption: WHEREAS, the Town of Dryden ( "Town ") and Cayuga Press of Ithaca, Inc. ( "Cayuga Press ") are parties to a certain Loan Agreement dated July 9, 2001 with respect to the Town's Small Cities Community Development Block Grant No. B- 99 -DH -36 -0200, which Loan Agreement was amended by Amendment to Loan Agreement made on or about July 31, 2007, and WHEREAS, Cayuga Press is indebted to the Town pursuant to an Adjustable Rate Note ( "Note") dated as of June 9, 2007 on which there is an unpaid principal sum of $1.67,829.32, and WHEREAS, Cayuga Press has requested that it be allowed to temporarily forego principal payments according to the provisions of such Note due to the current business climate, downturn in the economy, and industry -wide slow do «-ns, and WHEREAS, the Town has a second purchase money security interest in a 1997 six - color Heidelberg printing press owned by Cayuga Press, and WHEREAS, during this period of non- payment: of principal Cayuga Press will continue to pay the interest accruing on the unpaid principal sum of $167,829.32 and late charges of $145.88 for the months of December 2010 and January 2011, now, therefore BE IT RESOLVED as follows: 1. The town supervisor is authorized to enter into a note modification agreement with Cayuga Press on behalf of the Town which provides for interest only payments from November 2010 through April 201.1 with regular payments to resume on May 9, 20111 2. The note modification agreement shall in all respects be satisfactory in form and content to the attorney for the Town. 3, Cayuga Press shall pay all the `T'own's fees, expenses and charges associated with such request. 2D1I Supv Sumner Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes Cl Makar Yes Nagc 16 of Is 'm 2 -16-1 1 Cl heifer Yes The board discussed the request from a customer for a reduction in their water /sewer bill because of a water leak. Supv Sumner has calculated a proposed amount to be refunded (the administrative cost to the Town). Atty Perkins said he is not sure there is any authority to do that, and will look into it. Committee Reports Personnel Committee - Because domestic partners are now covered under the Town's health insurance, we need to have a domestic partnership definition and application. Cl Leifer suggested the town adopt the standards used by the Department of Civil Service and provided a proposed resolution. RESOLUTION 059 (2011) - ADOPT AS PART OF THE TOWN OF DRYDEN PERSONNEL POLICY THE STANDARDS FOR DOMESTIC PARTNER BENEFITS AS SET FORTH BY THE EMPLOYEE BENEFITS DIVISION OF THE STATE OF NEW YORK DEPARTMENT OF CIVIL SERVICE AND TO PERMIT THE TOWN SUPERVISOR OR HER AGENT TO IMPLEMENT THE POLICY EFFECTIVE IMMEDIATELY Cl Stelick offered the following resolution and asked for its adoption: WHEREAS, the Town of Dryden wishes to extend domestic partner benefits as set forth and permitted by New York State Law, Town Law, and regulations promulgated by the Employee Benefits Division of the State of New York; and WHEREAS, the Town of Dryden wishes to adopt the affidavit and rules used by the Employee Benefits Division of the State of New York to qualify individuals who are registered as domestic partners; and WHEREAS, persons who are registered as domestic partners pursuant to New York State law and who affirm their commitment in the aforesaid affidavit should have access to the same employment benefit programs as other Town of Dryden employees; and WHEREAS, employees who enroll a domestic partner in a Town of Dryden benefits program shall file a Termination of Domestic Partnership form within 14 days of the date the employee and their domestic partner no longer meets one or more of the qualit }Ting criteria set forth by the Town of Dryden Supervisor or her .agent; now, therefore, be it RESUL,VED, that the Town of Dryden shall allow an employee who is a registered domestic partner to access employment benefits if said employee files the affidavit required by the Town of Dryden Supervisor or her agent. 2nd Supv Sumner Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes Cl Makar Yes Cl l.,eifer Yes Grants, Finance, and Technology Committees - met on January 21 and February 11. Minutes from these meetings will be sent to board members. Page 17 of 18 TIi ? - IG - II Supv Sumner said Melissa Bianconi has requested some clarification with respect to the Dryden Community Center Cafe and the grant program, and proof of extension of their lease relative to their grant request. C1 Leifer said there is reference in the application, and he will help her clarify. that. This came up because the Cafe is the only center that does not own the building that houses it. Future Agenda Items Cl Leifer would like to invite Helen Slottje to talk about what they are working on with respect to drilling in the Marcellus Shale. Varna Moratorium - abstract and agenda meeting. Supv Sumner said there are no pending applications, so there is no immediate threat.. She said she doesn't think it would be helpful at this point, but D Kwasnowski does. Atty Perkins said if the board is inclined to take the step of a moratorium, they should be already working on the plan for Varna. That would help to justify a moratorium. There being no further business, on notion made, seconded and unanimously carried, the meeting was adjourned 10.40 p.m. Res ectfully submitted, Balnbi L. Avery Town Clerk C7 Page I8 a1'IN z - iu- 11 Statement by Arthur Berkey at the Feb. 16, 2011 Town of Dryden Meeting • GOOD E V EN IN G, MY N AME IS ART H UR BE RK EY, I LIVE A T 1205 ELLIS HOLLOW ROAD AND I AM SPEAKING THIS EVENING AS CHAIR OF THE VARNA COMMUNITY ASSOCIATION (VCA) REGARDING THE MASTER PLAN FOR THE HAMLET OF VARNA. VARNA RESIDENTS APPRECIATE VERY MUCH YOUR WILLINGNESS TO DEVELOP A MASTER PLAN INCLUDING ZONING FOR THE VARNA HAMLET. TO FACILITATE DEVELOPMENT OF A MASTER PLAN FOR VARNA THAT WILL ENHANCE THE QUALITY OF LIFE FOR RESIDENTS OF THE HAMLET, THE FOLLOWING ARE REQUESTED: 1. FINALIZE THE CONTRACT WITH BEHAN CONSULTANTS WHO WOULD WORK TO DEVELOP THE PLAN IF YOU HAVE NOT ALREADY DONE SO THAT DEVELOPMENT OF THE PLAN MAY PROCEED, WE UNDERSTOOD THE ORIGINAL SCHEDULE WAS TO BEGIN IN WORK ON THE PLAN IN JANUARY OF THIS YEAR. 2. INCLUDE IN TONIGHT'S MEETING AGENDA CONSIDERATION OF ADOPTION OF A TEMPORARY MORATORIUM ON ANY NEW UNIT CONSTRUCTION IN THE HAMLET UNTIL SUCH TIME THAT THE PLAN AND ITS RECOMMENDATIONS HAVE BEEN COMPLETED AND IMPLEMENTED BY THE TOWN BOARD. WE HOPE, BUT ARE UNCERTAIN, IF SUCH IS READY INCLUDED IN THE AGENDA ITEM "ZONING ". 3. REGARDING IMPLEMENTATION OF A MORATORIUM, JIM SKALEY, CHAIR OF THE VCA REPRESENTIVE GROUP, HAS ALREADY PROVIDED TO TOD BOARD MEMBERS FOR YOUR CONSIDERATION A SUMMARY OF CASE LAW FOR SUCH MORATORIUMS AS WELL AS A LAW FROM ANOTHER MUNICIPALITY AS A DRAFT, FURTER, THE NEED FOR THE MORATORIUM IS INDICATED BY THE TWO CURRENT DEVELOPMENT PROPOSALS THAT WOULD DIRECTLY LIMIT OPTIONS FOR DEVELOPMENT OF A HAMLET MASTER PLAN, AND, THESE PROPOSALS ARE ALSO INCONSISTENT WITH THE PROPOSED VANA PLAN WHICH WAS DEVELOPED THROUGH A SERIES OF PUBLIC MEETINGS BY VARNA RESIDENTS WHOSE QUALITY OF LIFE WILL BE DIRECTLY AFFECTED BY THE PLAN DEVELOPED, THANK YOU FOR YOUR CONSIDERATION AND THE OPPORTUNITY TO SPEAK TO YOU THIS EVENING. UNFORTUNATELY, I NEED TO LEAVE AFTER SPEAKING FOR ANOTHER MEETING WHCH BEGINS AT 7:30. 16 February 2011 Town Board of Dryden, New York 93 East Main Street, Dryden, NY 13053 Dear Members of the Town Board: Deborah Cipolla - Dennis 964 West Dryden Road Freeville, New fork 1.3068 .r I appreciate your efforts to develop the Sound Performance Standards. Below are my comments regarding this article. I am concerned that the definitions described in section 2403 do not address truck traffic, compressors, heavy excavation equipment and other similar loud activities associated with high volume horizontal fracturing for methane gas. This is the primary activity of interest for my family and others that supported via petition the development of this article. It should be more explicit removing any doubt that these activities fall under this regulation. In section 2405, Exceptions, item number 7 refers to construction of a facility. "Facility" should be defined. This is a loophole — the erection of a gas well could be considered construction of a facility. I also do not believe gun clubs should be exempt from this regulation. Additionally; the penalties outlined in this article are totally inadequate for the type of violation and potential *Ith hazards involved. A mere $250 per day is nothing compared to the million dollar operating budgets of oil /gas industry. This is fine for a person that is just playing music too loud, but a more appropriate penalty would be one that increases dramatically as the infraction increases such as a 100% increase for each 24 -hour time period. This would soon result in a penalty that would make any industry cringe. Two weeks of violating the sound performance standards would result in a $2 million dollar fine. Now, that is a deterrent. We are not advocating these standards to regulate small businesses or individuals in Dryden. To my knowledge, we do not currently have a noise problem. This is an attempt to protect ourselves from the invasion of multi - million dollar corporations with no respect in our small town or our way of life. This intent should be evident when reading this standard so that there is no confusion among residents as to what we are trying to accomplish. We are standing at a critical time and place. At stake is our very way of life. Our access to clean air and water, to safe neighborhoods, and the tranquility of country living is on the verge of being lost forever. This is the most serious issue of our generation and quite possibly of this century. You are our warriors and protectors — we stand ready to support you in every way, but this is a battle that you must lead. Please do not retreat and allow the invaders to pillage our wonderful town. It will not be an easy battle — the stakes are high and the risks are great. The alternative is unthinkable. Sincerely, eborah Cipolla- Dennis An ounce ofaclion is worth a ion e fiheor.v, Rall)h lhulclo Emerson 2- 1 L(' "' 1 16 February 2011 Joanne Cipolla- Dennis jWest Dryden Road eville, NY 13068 Comments to the Town Board of Dryden, NY I want to first thank you all for choosing to do the job you do for the residents of Dryden. The office that you hold is a very important one. When you choose this position it comes with a great deal of responsibility - first and foremost to act on behalf of the residents in upholding and protecting the safety, health and welfare of all who live here. Many DRAC members and other residents have signed petitions because of what we know to be true about heavy industrial noise of methane gas extraction and the serious health affects it has. DRAC members have been trying to inform you about the realities of methane development. This noise will be present on a 2417 basis and will take place on a scale of which will redefine our community. Make no mistake; drilling here will be creating a history that no one will be proud of. In fact, the decision to not stop it will be looked at as the "point where it all changed ". Farms will be used for methane gas development for the next 15 to 20 years. One thing is undeniable - fracking is a cause and affect practice and procedure. The explosions under ground are exploding shale. Those explosions in the shale cannot be controlled and for that reason alone our irreplaceable later is at risk during drilling and for the life of the well. The water needed for each frack event is 2 -10 million gallons. Each well can be fracked indefinitely and there will be as many as 16 wells to each well pad. And there can be as many as 16 single -wells permitted over a 1 square mile area or 640 acres. The truck traffic for each frack event for just water delivery will be in the tens of thousands. There will be approx. 1300 tankers of water alone for one event. And you can count on thousands more in other support and material delivery. Much of the chemistry is used is highly carcinogenic and not treated with precautions at all times. The radioactive waste that the MSF will generate is not even being discussed as to how it is to be handled here. It is not being treated as radioactive or hazardous waste by the industry. In many states it has been dumped into streams, rivers, or buried on farmland because that is what the industry does and is allowed to do. We will never be protected by The DEC, or our state government. This practice cannot be policed, regulated, or managed at the scales the industry predicts. In 37 other states where this kind of methane is being developed, it is out of control because they invited it into their neighborhoods. The only way to control it, is to ban it from ever being allowed in *den. We should have been the first to ban it locally, but we will take second, Ulysses I believe will be first and will join Rochester, Buffalo, and Pittsburg. The wave of truth has crashed hard on Pennsylvania and Pittsburgh has banned drilling around the city in light of 350,000 residents' drinking water being contaminated by produced water being released into their drinking water sources, poisoning residents. Oese are things we know to be true. I have grave concerns when I hear a member tell me they have better things to do than to go see what is occurring in Dimock, especially when I believe that our town, in as little as a year from now, will not be an area where people will want to live. Residential areas and fracking cannot co -exist in any state. The process is a cause and effect process that always yields the same results. Toxic air that does not dissipate, ground water contamination, private well contamination, a decline in property values, and property abandonment. Each family who has a private well must begin testing prior to any wells drilled even as much as 5 miles away — this includes vertical wells. The 19 wells in Dimock were contaminated by vertical test wells. I am really very disheartened in the responses I have seen from many members of the board. This is THE most important issue you will face possibly in your career as a public servant, feel that no sense of urgency is present, that unless we are here pressuring you to protect this community it will be a very different place in less than a year. The reality is 40% of Dryden has been leased for methane gas development and that each of those ells will be connected by pipeline through people's yards, near schools and eminent domain will e place in order to do it. IF allowed to occur, it exposes us to a new security risk — terrorist attack. Gas pipelines have become a new terrorist interest and a concern for Homeland security. With the exception of 2 members, the lack of your presence at any of the many events I have attended concerns me. The comments made recently on a radio show were to say the least an insult to all who have spent time that we can never get back. Tim that we would like to have spent on other important things, but as we learned the facts there was no more important issue than protecting our residents, preserving our surroundings and way of life, our health and our community. We don't need this industry, NYS doesn't need it. But we only have power over our local laws to protect us. That is your duty, should be your honor and privilege as a public servant to use that power as you were elected to do so. We voted in good faith and expectation that you would always put our safety above all else. Town 4)t Uryden Town Board Meeting February 16, 2011 Name - Rl' Sl; Print 8uc(O�aC4 k�W)b Address or Board Alz� <D I /dv� 30d^O r Dryden Town Board Meeting Dryden Town Hall 93 East Main Street Wednesday, February 16, 2011 7:00 .PM 1. Call Meeting to Order 2. Pledge of Allegiance 3. Roll Call 4. Public Hearing, a. Clarity Connect 51 Citizens Privilege 6. Town Clerk B Avery a. Approve Meeting Minutes for 113, 1/12,1/19 7. Highway Superintendent /Dept Of Public Works .l Bush a. 284 Agreement to Spend Town Highway Funds b. Authorize Royal Motors payment 8. Recreation Department M Bianconi 9. County Briefing County Rep 10. Plann.hig Department a. Solat special use permit — SEQR. and resolution b. Clarity special use permit — SEQR and resolution c. Behan agreement amendment — authorization 11. Engineering A Sciarabba 12. Attorney M Perkins 13. Unfinished Business a. ringer Lakes Land Trust acquisition 14. New Business a. Bolton Point Union Contract - approval Nil Sumner b. Guthrie Clinic Host Jurisdiction Resolution M Sumner c. Cayuga Press request 'N1 Sumner d. Water /sewer customer request M Sumner e. Sound Performance Standards J Leifer 15. Committee Reports Q minutes or less each, please) a. Personnel Committee Stelick/Leifer 1. Domestic Partnership application b. Loans and Grants Committee Nlakar /Leifer c. Emergency Services Committee Sumner /Stelick d. Teclunology Committee Nlakar /Leifer e. Infrastructure Conunittee Solomon/Stelick f. Recreatio»lYouth /Community Centers Committee Stelick/Leifer 16. Future Agenda Items 17. Executive Session (if necessary) The Next Abstract and Agenda meeting will be Wednesday, March 91h at 7:30 PM 0 The Next Town Board Business meeting will be March 16th at 7:00 PM 2 -16 -11 0 SPEAKER SIGN IN SHEET If you wish to address the Board under citizens privilege of the floor please sign in below. Speakers will he limited to a maximum of three minutes. Please provide the Clerk with a written summary of your statement. Name i� a�c Love CRnnC �.��D114 -�le r-\ ;�k,C� /Address C1ef. nI ►Ot L(V P 7� )' ,(W �C/ :L 03/0412011 3J.020,15 MONTHLY REPORT OF SUPERVISOR TO TH.E TOWN BOARD OF THE Town of Dryden: P uarre Lo ectiorn 1.25 of the 'Town Law, I hereby render the following detailed statement �1 moneys received and disbursed by me during theL man *r of February, 2011: DKrED: Mtirdl 4. ?01 1 SLJI'1_ MSOR Balance Balance a1f31f2011 Increases Dareases 02!2612011 A GENERAL FUND - TCWNWIDE GASH - CRI;CXTNG 4,203,87 C0 173 r 5108 -53 156,985 -39 ;1.73, 518. 1,57,33 -1 -ea 0.00 3r�m",54435 1,fi96r653.43 CASH - CASH - SAVINGS 810,396908 173,518.53 5,2716.0'' 68r9989 21, 1,59,17E -82 1800109172 719rMe?,47 PETTY CASH - PU$TAGE 2,253,13 HIGHWAY 2QUTPMFNT CAPITA RESE 501,294.40 0-00 191- 2 0.04 Cash, 543,542. TOTAL CASH IN TIME DEPOSITS CD 10 5W8 H, 49 0,00 06 0 -00 1,513r529.51 1'r 5oor 7H8 49 PETTY CASH 640,00 -72 0,00 1,728,396.81 0900 £O''=L 600,00 PETTY CASH - POST:iGE 3,581,92 215,595.7 , 0,00 0.00 1,, 7 €6r .�4 3r581.92 sF1- DRYDEN FIRE DISTRICT DPW Equipment Capital Reserve 34,220,66 13,44 0,00 34,239,10 CASP - S. VItiGS Recreation Capital Reserve 251,622945 98,66 412.38 0r00 251,721,31 �r050,03Q,14 TO'1'kL 2e 513,3334,2- TOTAL 4 226r095.9+] 316,211, -70 412r3? Z ,522r567164 0,00 1,0504030919 SLI- VARNA LTCKTING DISTRICT DA NIC14WAY TOWNV,WIDE FU21%M GASH - CHECKING 0. C0 173 r 5108 -53 2d,08;1, -2E ;1.73, 518. 53 0.00 CAL;H - $AV,TOGS 1,fi96r653.43 CASH - 5r866.7I 49`1r91,3,93 173,518.53 5,2716.0'' lr531,213.6 24r081,28 1800109172 PETTY CASH - PU$TAGE 2,253,13 HIGHWAY 2QUTPMFNT CAPITA RESE 501,294.40 0-00 191- 2 0.04 Cash, 543,542. TOTAL 2 e 202 o 1,10 - 33 179, ;62 , 95 3 }670 037 r 06 2 r 034, C%55. 23`x` 1,513r529.51 215,709.05 88� -72 B GENERAL - OUTSIDE FUND CASH - CHECKING 0r00 5010 2d,08;1, -2E 24r081,2e 35 0,00 CASH - SAVING$ 49`1r91,3,93 FUM 5,2716.0'' 24r081,28 1800109172 PETTY CASH - PU$TAGE 2,253,13 0rEJ CA$ : - CHECKING 0-00 2e253.?3 Or00 Cash, Customef.� Depc.sits L5191"15 886 0,00 0.00 1 r 518.75 SL2- ETNA LIGHTING DISTRICT Page I TOTAL 5010 6B5-81 30, 3571 - 35 43r 152.56 963, 680.60 DB HIGHWAY OUTSIDE FUM CA$ : - CHECKING Or00 836,` 2 886 -72 0.00 CA H - SAVINGS 1,513r529.51 215,709.05 88� -72 1,728,396.81 £O''=L 1,513,529,51 215,595.7 , 1f773,44 1,, 7 €6r .�4 sF1- DRYDEN FIRE DISTRICT CASP - S. VItiGS IrD49e617,A6 412.38 0100 �r050,03Q,14 TOTAL IA 049r617,76 412r3? 0,00 1,0504030919 SLI- VARNA LTCKTING DISTRICT CASH - CHEC:KINQ� 0 CASH - SAVINGS 6,567 OrOi) -53 671,61 2.32 671.61 671,61 0900 5,B98 -24 TM7I L 'f561,53 673.93 1,373922 54836.24 SL2- ETNA LIGHTING DISTRICT Page I e MOyj-pii,V REPORT 0 SUFERV ISO It Balance Balance 01/31/2011 Increases Decre8 02/28/2011 CF6SH - CHEC.ZIPG 0,00 539 -52 539,52 0 -00 CASH - SAVINGS 4,979.06 0.04 7, ;1 -'11 71316, 539,52 ",2 4,4 §1x30 CASE[ - SAVINGS 1'O'1'F�L 4,9 9 -7B 541,26 1,0'?9 -04 4,491.34 SL3- MEADOW /LEISURE LIGHTXNG 211,01 993, 04 SS5- TURKEY HILL SEWER CASH - CHECKTNC 4.40 413 , 56 413 r 56 0-00 CA$R - SAVINGS 4. 4r�93.12 ? r 511 , 55 1,53 917.55 413r56 0-00 3,89t -09 222,896,33 TOTAL 4r303,12 +25,87 915r09 82 ,,12 3,691,49 TOTL.L SM AM9ULANCE DISTRICT -33 4f243-42 r635.1Q 219,309.55 SS 6- PERZCRIM HOLLOW SEWER i�:Fti$H - CHBCKTNG D r Q0 170 e E2 `J. _ 00 11,� 9 r 822 _ 40 0 1 40 CASH — SAVINGS {x.04 -7 5;1,8, 060 - r15 69 136-43 2.31 2.31 1-� 4r 822 , 40 347e374,88 IS TOTAL 971 TOTAL 51BrO60.45 51.20 170e958,43 4 _ 341r644,00 13-7F084,49 397, 3 ",'4 r B8 SS1— SAPSUCKER SEWER — UNITS CASH — 0.07 370.60 337,70 90.60 CASH — SAVINGS v5, 349.89 252.9 377160 55,225.63 TOTAT, 55, 34.1 .91 623-49 700-00 551 267 r 63 SS2— VARNA SEWER — UNITS CASA — C:14E, =T0G 0.07 12,:1.55 -86 11,2,155,66 0r 00 CASH — SAVINGS 201, 030.84 :1.14 _ 92 1 & e 155.66 188, 999.90 TOTAL 2fJ1, 030.89 1-1 2, 2'10.76 29, 3131' 72 1680 989 r 90 SS2— C:ORTLAND RD SEWER CASH — GH�C.JUNG 0.0u 45, 859-19 45r859 -19 0,00 CASH - SRV1roGS 225r930.36 30,519.95 451859 -$9 211,161,14 POSTAGE 67.20 0.00 0 -00 67r20 TOTAL 226,937.55 '16,9,9119 9"r -71E,38 211,226 -3� SS4- MONKEY RUN SEWER CASH - CHECKING 0.04 7, 16.72 71316, ",2 000 CASE[ - SAVINGS 210r993,01? 289.8G 71916,72 203,361,00 TOTAL 211,01 993, 04 SS5- TURKEY HILL SEWER CFSS1 °1 - CHECKING 4. i10 ? r 511 , 55 3, 917.55 0-00 CASH - SAVINGS 222,896,33 +25,87 3,917.55 219r304.65 TOTL.L 222,696 -33 4f243-42 r635.1Q 219,309.55 SS 6- PERZCRIM HOLLOW SEWER CASH - GHFCKING CASH - SAVINGS 91,42 {x.04 -7 91 2.31 5B, 69 2.31 2.31 97, 0,00 089, 49 IS TOTAL 971 42 ", _ 911, 51.20 4 _ U 13-7F084,49 S$7- ROYAL ROAD SEWED Page 2 NION 11LY REPORT OF SUPERVISOR Balance Balance 01/31/2011 Increases Decreases 02/28/2011 CASH - CHECKING 0.00 984.73 984.73 0.00 • CASH - SAVINGS 19,727.93 7.36 984.73 18,750.56 TOTAL 19,727.93 492.09 1,969.46 16,750.56 SW1- VARNA WATER CASH - CHECKING 0.00 36.31 36.31 0.00 CASH - SAVINGS 357,730.67 421.38 36.31 358,1:1.5.74 TOTAL 357,'730.67 457.69 72.62 358,115.74 SW2- SNYDER HILL WATER CASH - CHECKING 0.00 1,326.13 1.,326.13 0.00 CASH - SAVINGS 75,575.94 66.22 1,326.13 74,316.03 TOTA L 7, . , . , . 79,316.03 SW3- MONKEY RUN WATER CASH - CHECKING 0.00 1., 569.92 1,569.92 0.00 CASH - SAVINGS 220,121.41 583.55 1,569.92 219,135.04 TOTAL 220,121.41 2,153.47 3,139.84 219,135.04 SW4- HALL ROAD WATER CASH - CHECKING 0.00 411,.54 411.54 0.00 CASH - SAVINGS 31,412.18 12.18 411.54 31,012.82 ® 'TOTAL 31,412.1 423.72 823.08 31,012.82 SW5- TURKEY HILL WATER CASH - CHECKING 0.00 518.41 578.41 x:;.00 CASH - SAVINGS 218,052.70 543.80 4,250.68 4^14,345.82 TOTAL 218,052.70 11122.21 4,629.09 2141345.82 SW6- ROYAL ROAD WATER CASE[ - CHECKING 0.00 11.6.52 116.52 0.00 CASH - SAVINGS 34,757.84 13.61 116.52 34,654.93 TOTAL 34,751.64 130.13 233.04 34,654.93 CD REHABILITATION LOANS AND GRANTS CASH - CHECKING 21"1428.59 3,642.25 805.00 220,265.84 TOTAL 217,428.59 3,642.25 805.00 220,265.64 TA AGENCY FUND CASH - TRUST E AGENCY 56,6i9.47 1.321139.09 1831946.69 61811.87 TOTAL 58, 619. 4 "' 132, 139.09 1,83, 946.69 61811,87 CORTLAND ROAD SEWER BAN CASH - SAVINGS 24,798.65 0100 0.00 24,798.65 TOTAL 24,798.65 0.00 0,00 24,79B.65 Page 3 MONTHLY REPORT OF SUPERVISOR Balance Balance 01/31/2011 Increases Decreases 02/28/2011 HE CAPITAL FUND - BARN isCASH - SAVINGS 30,194.69 11.86 0.00 30,206.55 TOTAL 30,194.69 11.86 0.00 30,206.55 HF CAPITAL FUND - FPIG CASH - SAVINGS 35,227.1.41 13.84 0.00 35,240.98 TOTP -as 35, 227.14 :1.3. 84 0.00 35r240.98 TOTAL P.LL FUNDS 10, 751, 619.04 1, 069, 911 .32 1, 397, 553.28 10, 123, 977.88 Page 4 i