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Home My WebLink About2011-12- 14•rig 12 -14-2MI TOWN OF DRYDE TOWN BCVUW AMETING December 14, 2011 Present: Supervisor Mary Ann Sumner, Cl Stephen Stelick, Cl Joseph Solomon, Cl Jason LreifQr, C1 David Makar F,Iroted Officials: Bambi L. Avery, Town Clerk 0ther'Town Staff Dantei Kwasnowski, Director of Planning Jennifer Case, Bookkeeper Supv Sumner called the meeting to order at 7;3$ p,m, The organizational meeting for 2112 will be held on January 3, 2012. The time has yet to be dCtermined- The Association of Towns annual conference will be held February 1.9 to 22, 2012 in New York City. Supv Sumner said she has budgeted for two attendees. Board members interested in attending should let her know as soon as possible. The December 21 Agenda will include: o Public hearing oin the Cri ticul. Environmental Areas o Continuation of the public hearing on the Zoning Law o Pavilion Use Policy o sGEIS cornrrkcnts- the deadline is January 1.l, 2012. This may not be disc,-utised nexi; week. o DRG recommendations for community center grants a DYC recommendations for allocation of their grant money o Authorization to sign fire contracts o Approval of 2012 sewer rates o Finger Lakes Land Trust The board discussed offering an in -kind contribution to the (rand Trust, such as doing a parking lot on tine property on Irish Settlement Road_ CI Makar will talk with the Highway Superintendent before next week, Supv Sumner Said she has a list of budget lines that will have a surplus that could be appropriated, Cl Makar said Andy Zepp can come to the board meeting if necessary. Things to consider include whether it would happen without the town's contribution. The Land Trust has already acquired the property, Some benefits to the public are protection of the watershed, conservation area, open space, etc_ upv Sumner said she is committed to the concept, but budget tirncs are tough. CI Leifer said it seems Ch town is willing to contribute and needs to decide how to contribute. a Coopemtive Extension - Mike oplinka -Loehr - Community Edueation Grant update. c Alternatives Fedeval Credit Union contract update/extension- Cl Makes will get the information to Supv Sumner, o K Ezell% appointment to the ]CC Subcommittee Pagk! I 41P7 TR I2-I4 -2011 0 o J Caws appointment to the TCHIC Joint Conunittee o Approval of notice to be included in property tax bills regarding an extension of Lime for payment by seniors with a Town or County senior exemption or Enhanced STAR exemption o introduction of amendment to Dog CoTltrol Law Time Warner update - Cl Leifer said the T COG group is trying to jointly negotiate with Time Warner_ Most of the municipalities in the County have contracts with Time Warner that expire in 2012. The Towns want a lower density build out than Time Warner currently has. Time Warner wants ten year contracts with each municipality. Cl Leifer said the franchise fees need to be addressed in new contracts as well as some liability issues. Density calculations should crass municipal lines. The TOO group will be meeting again in January, Zoning Law R D Kwasnowski said he has taken all the comments received from the public hearing, email comments, and comments in the letter from Tompkins County and put them into a table with his explanation and response. The document was distributed to board mc;mbers and is, on the town's website. D Kwasnowski said he has had people come in with different proposals (special use permits, site plan reviews and a possible PUD), and Chas proposed law is much easier to work �Nith than the current ordinance_ It has a lot of options for people, depending on how serious they arc about their project. lie noted that the ExLri�iMart near NYS E is adding a Dunkin Donets to their building which will prompt site plan review. The design guidelines have really 0 changed the scope of what they are going to do with the building. D TA snowski said the flew law seems to function well_ Subdivision Law - D Kwasnowski reviewed the changes he made in the subdivision liw. There were a lot of littte edits and some policy changes. The changes were reviewed uAth the board, and his written comments follow= Article IX and X - We currently have a minor subdivision by administrative review, but there arc no stadards other than do the lots conform to the zon ing ng law, This resulted in going Wthe Planning Board with a half finished subdivision. The new law provides for major and minor subdivisions, Major subdivision, creating six or more lots, requires more stringent review by the Planning 8oa.rd and is more performance oriented_ It will hopefully not cast the town as much L n the end. It is not that different from the existing law and oi'her municipality's laws. The conservation subdivision incentivies protection of open space resources_ The developing open space plan will provide some guidance_ The conservation analysis kind of does that. It encourages less cookie cutter development and more creative; types of development without taking out open space resources_ It is also represented in the residential design guidelines_ Minor subdivision, less than six tots but greater than two, must go before the Planning Board for conceptual plan approval_ This gives the Planning Board a chance to review it, and allows the land owner to have conceptual approval, and gives the code enforcement officer the Planning Board's blessing going into administrative approval. The Planning Board, through the conceptual plan approval, authorizes the Planning Department to administratively approve lot by lot based on the conceptual plan. This saves owner on assessment and taxes during development._ The approval is good for ten years, PJJV 2nIL7 TB 12 -14 -2011 The low impact conservation subdivision was removed. D Kwasnowski said the process was so cumbersome that there was really no lessening of review. It just didn't seem to work and there was no real incentive to do it. The Board agrees with this change and the minor subdivision change. Atty Perkins has not yet reviewed the changes and just got approval to review it yesterday and probably won't have it ready to introduce next week. He said it is a 34 page document that changes the way we do things and needs to be reviewed to be sure it is consistent: within itself and consistent with the zoning law. Yield Plan is about gross density vs. net density. This language has been cleaned up and the yield plan has been made simpler. in the PUD and large scale retail sections in zoning law, it points to the amenity zoning section. It basically says if you show that your proposal will benefit the town and benefit goals of the town (open space plan, comprehensive plan, etc) and you offer an amenity package consistent with the request for an increase; in density or the yield, then the Town Board will decide whether it's okay. It could be donating park land or something else, but must be a stated goal of the town. RESOLUTION # 174 (20 11) - APPROVE ABSTRACT # 12 Cl Makar offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves Abstract # 12, as audited, vouchers # 1111 through 1221, totaling $544,858.69. 2nd Supv Sumner Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes Cl Makar Yes Cl Leifer Yes Supv Sumner distributed budget: modifications for consideration by the board. Budget mods are necessary to increase hours for the assistant bookkeeper due to the bookkeeper vacancy, overage on IT hours for the year, transfer of funds in the Court budget to cover the expense of a computer upgrade, cost overruns in code enforcement due to misallocated postage, transfer of funds in the planning budget to cover project expense for the Varna Plan, and transfer of funds in the planning budget from well development to the NYSERDA contract. She will also have one for the Perma bill next month. RESOLUTION # 175 (2011) - APPROVE BUDGET MODIFICATIONS Cl Makar offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the following budget modifications: Prom Acct: B8020.403 B3620.203 A1.1. 10.105 To Acct B8020.402 B3620.401 A1110.2 Page 3 oi' 7 Amount $ 2,000.00 1,000.00 11000,00 TB 12 -14 -2011 S A 1.220.1.02 A 1220.101 A8790.402 2nd Cl Stelick Doll Call Vote A1680.1 150.00 A 1220,103 1,000.00 A8790.406 34,000.00 Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes Cl Makar Yes Cl Leifer Yes Subdivision law discussion - continued In Part B, the Conservation Analysis doesn't work so D Kwasnowski said he removed it. In Part C, D Kwasnowski recommends deleting the sentence that allows units to be presented as multi - family development with a special use permit because it is inconsistent with the new zoning law. Section 1 103 F regarding the cutting of trees only applies while under subdivision review. The intent is to preserve landscape as much as possible. This was changed to be clear it is only during the subdivision review process. Cl Leifer said he was confused about official submission date (page 8, #3). D K%krasnowski will clear up that language. On page 7(6), notification of adjacent landowners should be there. D Kwasnowski will add that. On page 5, minor subdivision consistent with 501(2) - should be greater than 2. Atty Perkins' review will include whether the proposed local law complies with Article 16 of Town Law governing subdivisions. He said there are some grammatical and formatting things to fix. This %%711 go more quickly than the zoning law review. It must be consistent within itself, with Town Law and with the Town's Zoning Law and will be reviewed before introduction next month. Supv Sumner said she would like to move into existing litigation. Buzz Lavine asked to say a few things that may have some relevance. Buzz Lavine said he knows the town has an offer from Earth Justice as appellate counsel for the law case. He has been looking into this in depth with a variety of other people and distributed material to the board. His understanding is the proposal of large team of lawyers representing us and can research new issues at a moment's notice. Mahlon Perkins would be a part: of the team to keep the local perspective, town law expertise and land use expertise that we have in house already. Therefore, the offer from Earth Justice is a win -xvin choice in being able to combine both. The packet of materials includes information on what Earth Justice is, their resources, etc. and about Deborah Goldberg, their lead attorney in the northeast division and why we can depend on her as lead counsel. He notes that she has represented local municipalities in Supreme Court:. There is a letter from hiin and Judy Pierpont asking that they be the leader of the legal team. Also included in the packet are letters from R.A. Lavine and Hilary Lambert: in support of the 'Town accepting the offer of representation from Earth Justice. B Lavine said it seems like there is no reason we wouldn't want to take advantage of all those things. He asked when the board would vote on it and said he hoped it would be a board decision. Cl Leifer said it: would probably be in January. Pkee4of7 TB 12 -14 -2011 Deborah Cippola- Dennis submitted letters from her and Joanne Cipolla- Dennis in support of Earth Justice being the lead on the legal team. She agrees with the points made by Buzz Lavine. She said this case is not just about Dryden, but: about the entire state of New York. We have huge a responsibility to make sure we do this right. Taking advantage of the national network that Earth Justice brings in at pro bono is huge. She urged the board to take a good look at this. She said it is important to keep Mahlon Perkins involved because the local perspective is important. That is something Earth Justice will not have. Building a strong legal team that: includes people that professionally fight these types of companies is important. Supv Sumner said don't be concerned that we are not taking this seriously in every way. She said her approach is kind of the reverse. We have this nice pro bono offer that has been investigated by the people present and there seems to be a very strong recommendation. Her approach is the opposite. She is still at the stage of defining what we need and looking at resources that are available beyond Earth Justice, and then choosing among them. She doesn't feel she has investigated either the specifications yet, or the other resources. .toe Wilson said he echoes what has been said. He added that he thinks the melding of Mahlon's experience and talents and local perspective with Earth Justice's experience who have done this over and over is a remarkable opportunity to get both at no additional cost to the town (except for travel expense). J Wilson said he understands that discussion about litigation (some of it) needs to be discussed behind closed doors. Because this is a major issue for the town, and because of all the interest and involvement, he urged the board to think through how they can be transparent. Even though this is an executive session typically, we would like the board to make clear what their criteria are and how they come to a conclusion. This would be extremely helpful to the public. Supv Sumner said the topic of tonight's executive session is not selection of an attorney or criteria for selection of an attorney. • It's an entirely different topic. Joanne Cipolla- Dennis said the board should think about doing this as quickly as possible in the event this woman takes another case. She would hate for that to happen because she thinks this woman is well- qualified for the job at hand. She hopes the board decides the same. Supv Sumner asked whether the group (DRAC) has looked at other resources. She's having trouble understanding why the focus is on this one offer. J Cipolla- Dennis said because Deborah Goldberg has come forward. She was at the hearing, took extensive notes, and is very interested in this case. To have an experienced attorney of her caliber wanting to help us, to set precedence, deserves consideration. B Lavine said D Goldberg was familiar from the very beginning and took time to write a rather intensive and extensive amicus brief for the town. Supv Sumner asked whether this was the only attorney to approach them. J Wilson said he believes he has done the most trying to contact attorneys. As Supv Sumner asked when she had lunch with him and Marie McRae about the issue of representation, he referred to her four attorneys or firms who appeared to him to have sufficient qualifications. Adding Earth Justice makes five attorneys that have been referred by DRAC. Not all offers were pro bono. He said that is left to discussion between the attorneys and the town board. B Lavine said he has heard from two attorneys who heard about the offer from Earth Justice who think it's a slam dunk and say things like having Deborah Goldberg represent us would be like having Clarence Darrow represent us. 'That's how highly respected she is. It's a real opportunity. Page 5 of 7 n 12 -14-2011 • Linda Lavine said it is a fairly recent thing that Deborah Goldberg of Earth Justice contacted Supv Sumner and offered a pro bono support. She doesn't believe the board has all the information yet, and it is somewhat new. She had known about the possibility of this for several weeks, but didn't know what Earth Justice was so she googled it. She discovered that Earth Justice is the legal arm of the Sierra Club, the most respected senior environmental organization in the country. It has 150 lawyers and Deborah Goldberg is in charge of the northeast office. She is the managing lawyer. There are eight lawyers under her who have amazing experience in their own right. They have a national network to support them. This is a priceless team that we are being offered for free. An ordinary team would probably cost $100,000 for each of two appeals. What we are being offered is probably worth way more than $100,000 for each of two appeals because we are being offered the best with their full support. Earth Justice has been rated among the highest worthy charities in the country. Their program has as its cause all of the things related to this case: safeguarding our health, promoting a clean energy future, promoting our national heritage. L Lavine said what's so good about Deborah Goldberg includes the fact that she has done work directly in this area including in the Supreme Court of the United States of America where she was lead counsel in New York v. United States and won. She has done several other cases relevant to this precise issue. She is a graduate of Harvard Law School and got a PhD in philosophy and taught ethics at Columbia University. She worked by the Brennan Center at NYU, one of the most prestigious think tanks in law in the United Stages. She clerked for Justice Breyer and Constance Baker Motley. This is a woman of the absolute highest esteem in the legal world and she and her agency have offered to do this job for their love of places like Dryden, New York, and the need to protect our environment from this onslaught. We will be up against billionaires for whom money is no object whatsoever. They can hire anyone they want at any time. They mill have a team of lawyers to draw on at every possible moment who will scurry around and do all of the legal maneuvering that matters. Deborah Goldberg will have exactly that stable on our side, of lawyers who have exquisite experience, who have worked together as a team, who are totally familiar with this case, and for whom winning this case will be the most: important thing they are doing, and will bring national glory to both Dryden, to the Sierra Club that they are part of, and to the United States of America. L Lavine said this is truly as if Clarence Darrow had offered to come support Dryden, only better and for free. While she doesn't think there is any specific sense in which this is a limited time offer, the fact of the matter is, if we were to lose this opportunity, it would be a horrible thing for Dryden. We also ought to give them all of the time we can. At any time in January a decision could be handed down, and while these things tend to get drawn out, the fact is that we want them to have the ball in their court as long as they need it beforehand to start planning and have the best of minds get together around a table. Supv Sumner said she understands the point. She is not sure if this is being exaggerated because they think the board hasn't heard them. L Lavine said none of this was an exaggeration. it's about as simple and clear as it can be without any exaggeration. if it sounds exaggerated, it is because it is a magnificent offer that speaks for itself, and she doesn't mean to exaggerate it. She hopes it will be on the agenda for a vote in January because we need to move forward. Supv Sumner said we will be moving forward before a decision is reached on this. • Representatives of DRAC thanked the board for listening to them. Page 6 u P 7 TB 12 -I4-2011 On motion made, seconded and unanimously approved, the board moved into executive session to discuss existing litigation at 9:30 p.m. No zction was taken, and the meeting was adjourned at 10:30 p.m. Respectfully submitted, i _ ambi L. Avery Town Clerk Nape 7 oil 1, Call Meeting to Order 2. Roll Call 3. Discussion Items Dryden Town Board Meeting Dryden Town Hall 93 East Main Street Wednesday, December 14, 2011 7:30 PM a. Zoning Law Comments b. Subdivision Law c. Organizational Meeting date and agenda d. AOT Conference in February 4. Proposed December 21 Agenda Items a. Public Hearing: CEAs b. Zoning Law C. Pavilion Use Policy d. DRC recommendations for Community Center Grants e. DYC recommendations for program allocations f. Authorize Supervisor to sign fire department contracts (Varna, Etna, W B Strong) ® g. sGEIS comments h. 2012 Sewer Rates i. Amendment to Sewer Law j. KE's appointment to ICC Subcommittee k. Resolution appointing Jennifer to the TCHIC Joint Committee 5. Budget Modifications a. IT hours b. Court equipment c. Planning Dept —Varna d. Planning Dept — admin e. Legalfees 6. Abstract approval The Organizational Meeting will be January 3, 2012 at TBD PM The Next Abstract and Agenda Meeting will be Wednesday, January 11, 2012 at 7:00 PM The Next Town Board Meeting will be Wednesday January 18, 2012 at 7:00 PM "I cwn of Dryden Town Board Meeting December 14, 2011 O Name - '{�'lease Print c L" Address or Board �-k ZZ Lck Nj