HomeMy WebLinkAbout2012-04-19 '113 4- 1942
• TOWN OF DRYDEN
TOWN BOARD MEETING
April 19, 2012
Present: Supervisor Mary Ann Sumner, CI Stephen Stelick, Cl Jason
Leifer, CI Linda Lavine
Absent: CI Joseph Solomon
Elected Officials : l3ambi L. Avery , Town Clerk
Other Town Staff: Dan Kwasnowski , Director of Planning
Mahlon FL Perkins, Town Attorney
Andrew Sciarabba, TG Millers Engineers
Supv Sumner opened the meeting at 7 : 30 p . m. and board members and guests
participated in the pledge of allegiance.
CITIZENS PRIVILEGE
Cliff Norte said he has concerns with the proposed zoning and land use restrictions. It
is around 100 pages and too large to be easily understood , interpreted and enforced. Many
land owners will not understand its impact until they try to do something with their land , only
• to find it is not an allowed use or is allowed only by special permit . Landowners need to be
informed of the consequences of this law before it is enacted . The critical environmental areas
and the conservation zone areas affect way too much of the town . Landowners of larger
parcels , including farmers, will be affected in a disproportionate way by this proposal. Too
many activities are prohibited or allowed only by special permit. This is another expansion of
government that comes at the loss of personal property rights being marketed as a planned
development. Many see it for what it truly is . It is a plan to stop development. Even before
enacted it is being used to thwart future development , and also to drive out existing business .
This plan needs to be abandoned , or at the very least, completely reworked if the rights of
private property landowners are to be respected and preserved .
Supv Sumner said the proposed zoning is much shorter than the existing zoning, she
thinks it is more fair and flexible. C Norte said he does not share that belief. It is fair to say it
is fairly complicated and complex and there is room for interpretation . Folks in the community
that need to abide by it need to understand it before it becomes law, particularly the ones most
affected by it .
Lisa Zehr as Charlie Dardia representing the Dryden boys and girls lacrosse programs.
They would like permission to run a 5 k road race as a fundraiser for the teams. The booster
clubs must raise money because the programs are only partially funded . The school pays for
transportation , but they must raise all other funds. They are trying to be innovative with fund
raising efforts . The have a lot of volunteers that will help with the logistics and timing. They
are asking for permission to use town roads . The Village has approved their plan . The proposal
is to start at the high school parking lot , and proceed to Lewis St. , to Route 13 to Springhouse
Road and cross Route 38 to the school , make a loop around the school and end on the track.
The target audience is athletes from neighboring schools . They would like to possibly close
• Springhouse Road because it is narrow with no shoulder. They have asked Dryden Ambulance
to stand by , depending on the number of runners . The date is Sunday, June 3 , at 8 : 00 a. m .
There will be a water station at corner of Route 13 and Springhouse Road . Supv Sumner
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• asked them to email the Highway Superintendent , and if the Town needs to take some official
action , they can do it at the next meeting.
Marie McRae - thanked the board as a landowner, taxpayer, and citizen for the
decision to retain Deborah Goldberg for the appeal . It is the fiscally responsible thing to do.
Tim Woods , coordinator for the Dryden farmers committee , submitted a formal request
to board that read :
We , the Dryden Farmers Committee, have several objections to the overall effect
of the proposed amendments to the Town of Dryden Zoning Ordinance will have on
local agriculture and farmlands in the Town . We , therefore , respectively request:
You delay your vote on the proposed amendments to the Town of Dryden Zoning
Ordinance until :
1 ) The Town of Dryden Agriculture Advisory Board is established and in operation .
2 ) The Agriculture Advisory Board is given a minimum of 60 days to review the
proposed amendments and to assemble their applicable comments and suggestions
prior to the public hearings that will be held to discuss the committee's written
response .
Evan Carpenter echoed T Woods and said there are a few things in the zoning
ordinance that they are concerned about. There are areas that are Ag Districts that are within
the Conservation District and they would like more detail so they can understand that. That's
• why they are requesting time to review it.
Don Scutt said he felt he was harsh toward the board in the past and underestimated
the time and effort the board puts in . He sometimes disagrees, but appreciates what they do .
He runs the largest sports program in the town , the local baseball program . Tonight the town
will vote on grant requests . His organization requested grant money and he personally asked
to be excused from the process, but he received a phone call from the local government saying
they were considering the grant application but there would be some conditions . It would be a
government program and government run but the organization would have to supply the
money . No one from the Town had approached his organization . The town apparently did
some research on how to deliver the clay , spend the money and so forth . He believes that no
other grant received conditions attached to their award . That's not what he believes the idea
behind the grants is. The grant concept is great and allows non -government entities to
flourish , but this came the other way around . He wants his government to say we 're here to
help. The delivery of the message and the way it was conveyed and the end result probably
wasn 't the best thing to do . The government is saying we 'll do this and we want you to support
us. He asked the board to either support the grant as written or deny it outright . The real
issue he has is the way it was delivered to him . He asked the board to consider the grant on its
merits and award it as written or deny it .
Bruno Schickel said with respect to the CEAs, he appreciates that the town decided to
have a more careful process and notify landowners whose land would be part of CEAs. He
appreciates that step and asked how a person that has been notified gets input and who they
meet with . That missing component needs to be in place .
With respect to the zoning amendment , he appreciates that the public hearing is not
® happening tonight and the board plans to bring that and the subdivision law forward at the
same time . The farmers are very concerned , and he has expressed concerns , both technical
and broad brush . There is a piece of this missing. He suggests creating a stakeholders
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• working group to look at the zoning, and try to bring people together and find some consensus .
The town is doing that now in the hamlet of Varna and has developed a process that engages
the residents , landowners and stakeholders that are most affected in the hamlet . Why not do
this for the rest of Dryden as a whole . This is a way to knit the whole plan together. He thinks
there is common ground , but there has not been a process by which that can come together.
There have been different components letting their voices be heard , but there is no real way to
engage them .
David Bravo-Cullen said with respect to the unsafe structures matters, he is concerned
that the town's actions could be heavy-handed. He would like to see established criteria for
town involvement: in this sort of thing. He said if a property is impacting the public (might fall
down in a street or public way , is a rental unit, or if the public has access to the property ) it
might be reason to involve town . Property that is strictly private and no one has access to it,
even though people might drive by and think it is ugly and don't like the looks of it, the Town
should not get involved .
With respect to zoning he would like to reiterate the notion of a small working group .
Professionals should be involved . He has a fair amount of experience with it in Ithaca. He is
currently involved in a legal battle with respect to a problem . It is a very wasteful thing. If we
write things that make sense and people can get behind , we won 't have these legal battles . He
would like to be involved in working with folks on this .
Jim Skaley said he urges the board to move ahead with the zoning ordinance as it is.
The town is currently operating under 1977 zoning - 30 years out of date. It affects all aspects
of the town, including Varna . There have been several years ' worth of discussion about this
and the board has taken a great number of comments into account. With regard to the Ag
• districts, there is a county Ag district committee which operates under the state ag district law
which reviews these things. He believes the town has to interact with that committee should
something affect the ag districts . He is surprised a suggestion for a stakeholder group has
come up at the last minute. He suggests that the board pass the ordinance , and then you have
something to work from and see what has to be changed and amended . Sometimes people
think of rules and regulations as coming down from on high , when in fact we all make them
together. He thinks the appropriate action is to move forward , set the public hearing, pass the
ordinance as amended , and move forward from there . This is a continuing process.
They are closing in on completion of the hamlet plan and he commended town staff for
their hard work on that in working with and listening to local representatives. He hopes that
will be coming forward soon.
Hilary Lambert said she lives across the road from an area she hoped would be
designated a CEA . She worked hard on behalf of that process . Many people submitted
comments in favor of these designations. She is sorry the process was derailed and delayed
and she is looking forward to it continuing to move forward .
Joe Wilson said he agreed with and supported J Skaley 's comments . This has been a
long, deliberative process and the people asking for delay have commented extensively many
times before . The town board is the elected representatives of all of us and is the committee
that makes these decisions . It is time to pass the zoning amendments. He agrees that a
feedback process after the fact by stakeholders is a good idea, and he would be happy to serve
on such a group. He does not want that group to consist only of few vociferous and persistent
members who are critics of zoning and CEAs . Virtually everything the town board does seems
to be a target for the same group of people so he doesn 't want to see them be constituted as the
sole group for feedback. This is an ongoing process. The comprehensive plan will come back
up for review and that is the cornerstone around which zoning is built. He said let 's get this
done and then get feedback on what actually exists .
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He also commended the board for the fiscally responsible decision in having
EarthJustice represent the town in the appeal process for Anschutz v . Town of Dryden. He
said it is clear there were a number of good candidates. EarthJustice is certainly one of the
pre-eminent law firms when it comes to these kinds of issues.
Joanne Cipolla Dennis said she agrees with the others who thanked the board for
hiring Deborah Goldberg and EarthJustice . It is the right decision financially for the town. If
she can't win this, she doesn 't think there is anyone who can . Her qualifications exceeded the
others. She has a passion for the cause and you can 't pay for this kind of passion. The
industry is noted for keeping towns like this in court until they run out of money . This will not
be an issue here because the board has chosen someone who will pick up the price tag for us.
She reiterated that the board should move ahead with the zoning ordinance as written .
A lot of people have discussed this for two or three years . We need the protection of the zoning
ordinance. She asked the board to think about air quality tests to create a base line and water
quality tests. We arc going to need these . Some towns around us are not budging no matter
what their constituents are saying, and we will be impacted by what they do or don 't do . We
will be impacted as if we are being drilled because trucks will have to go through our town to
get to other towns. She will do the research about how the tests are done and what happens
during the test. She also urged the town to look at a noise ordinance and road use laws.
There are a lot of things that are in the process , but not complete . These things need to be
completed so we can get moving.
Supv Sumner said the Community Science Institute and others gave a nice
presentation Thursday night on water quality in Fall Creek and Virgil Creek. They do this
• volunteer labor and have collected incredible water quality data. She is hoping someone can
do the same for air. They are making pretty good progress on the road use protection and the
aquifer protection . These things take time .
Deborah Cipolla-Dennis thanked the board for retaining EarthJustice. She said a lot of
thought and research went into this . There were many options available , and this is the best
option for the taxpayers because they won 't have to bear the brunt of the cost. It is a step in
the right direction .
With respect to the CEAs , the town has done a lot of work on this. There have been
many planning board meetings, conservation board meetings, town board meetings, hearings,
and all kind of things going on with this . The way the board involves the public shows they
care about what people say . It is difficult to get consensus and make everyone happy . The
board has to, at some point, make a hard decision to go with what you 've got . We need to get
moving. She has been listening to the proposed process of getting a few done a month . She is
concerned about that timeframe and urged everyone to look at this and speed up the process.
With respect to the zoning amendment, she urged the board to pass it . It has to be
better than what we are living with from 1977 . A stakeholders group is a good idea, but she
feels we are living in an era of unprotection . The current zoning is not adequate for the day
and age we are living in .
Supv Sumner said when she went to a public hearing in Groton on their zoning
proposal , she was the only non-town staff or official there . It's great that people here are
interested and are here for this meeting. She thanked residents for their participation .
• Martha Ferger - She and her husband were supporters of EarthJustice since long
before it was EarthJustice , when it was still part of the Sierra Club. She has followed them for
many years and the variety of issues related to the environment that they concern themselves
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• with . She was thrilled when they offered to help the town and thanked the board for choosing
them to represent the town in the appeal. They are wonderfully prepared to do this and it is
the fiscally responsible thing to do because of the pro bono offer.
Mike Lane said the Southworth Library has an opportunity to purchase stone that was
ordered and not used in the building addition . The happened to catch the quarry when it was
open and could match the stone . They need a place to store the stone, and the Town has been
kind enough to store some of their slate in the past . He has spoken with the Highway
Superintendent about this and he was positive about it. He is asking the Town to do this, if
the Highway Superintendent can find the proper place for it. Supv Sumner said she would be
happy to support that .
RESOLUTION #80 (2012) - AUTHORIZE STORAGE OF STONE FOR LIBRARY
Supv Sumner offered the following resolution and asked for its adoption:
WHEREAS , the Southworth Library has the opportunity to acquire stone matching the
existing library addition , and the DPW Superintendent has agreed to store said stone,
therefore, be it
RESOLVED , that this Town Board agrees to accept and store stone for the Southworth
Library for the necessary period of time .
2nd Cl Stelick
Roll Call Vote Cl Stelick Yes
Supv Sumner Yes
11/ CI Leifer Yes
Cl Lavine Yes
SITE PLAN REVIEW
EXTRAMART
1414 DRYDEN ROAD
Supv Sumner said the board has received quite a lot of material to review in connection
with the application and asked the applicant to speak with respect to the project.
Aaron Falkenmeyer of Delta Engineers , said he is here with Tom Daniluk of XtraMart to
talk a little more about the proposed application and renovations to the existing XtraMart at
1414 Dryden Road (Route 13) and the addition of the Dunkin Donuts service counter and
drive- through service . They spoke to the board in February and since that time they have
taken the comments gathered there and revised their proposal . They have worked with the
Planning Department and Town Engineer to address concerns. They are now requesting site
plan approval and understand there are some conditions, but they are confident they can
address those.
Supv Sumner said the board is prepared to waive any public hearing on this . The
board is not required to hold a public hearing. They have had a public site plan review and
had the documents available for review for several months with no requests to view them. The
board will entertain public comment tonight .
RESOLUTION #81 (2012 ) - WAIVE PUBLIC HEARING ON XTRAMART SITE PLAN
Supv Sumner offered the following resolution and asked for its adoption :
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____ RESOLVED , that this Town Board hereby waives the public hearing in the matter of site
plan review for the XtraMart project at 1414 Dryden Road .
2nd Cl Stelick
Roll Call Vote Cl Stelick Yes
Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
Supv Sumner said there is a request to modify the site plan to include a suitable
pedestrian connection with neighboring commercial properties . This is in line with the Town 's
design guidelines in providing more access between properties. A Falkenmeyer said they
understand that will be a condition and they can work out the details of that .
Supv Sumner said there have been discussions with respect to signage and she
understands that has been worked out with the applicant.
D Kwasnowski said this has been a great project to work on with the town engineer and
the applicant . They have come up with some creative solutions to stormwater issues. He had
been concerned with drainage off the back of the property because it does sit above Fall Creek ,
and they have come up with a good solution for an existing site . They will pull back some of
the pavement that is there and make a green space. Landscaping will improve the look of the
property . What has been proposed for the building will make it much nicer. There will be the
same number of gas pumps, but only one canopy instead of two. The new lighting will be all
LED lighting.
41) Supv Sumner said this could be a good example for the process . It is conditioned on
other approvals. Applicant said they are working with DOT and the TC Health Department .
There is nothing wrong with the septic, but they are upgrading it. There is still the location of
handicap parking spaces to be worked out. Supv Sumner said pedestrian access along Route
13 is a challenge under any circumstances. One of the conditions is suitable bicycle parking.
The fence enclosing the garbage disposal area should be opaque. Turning radiuses for large
vehicles have been checked .
Judith Pierpont said she is concerned about the effect of additional traffic on entering
and exiting the BB Farms site . This could be a dangerous situation . Supv Sumner said they
will be sure DOT is aware of that.
The board reviewed the short SEQR form .
RESOLUTION #82 (2012 ) - NEG SEQR DEC - DRAKE PETROLEUM -
XTRAMART - 1414 DRYDEN ROAD
Supv Sumner offered the following resolution and asked for its adoption :
WHEREAS ,
A . The proposed action involves consideration of the site plan review application of
Drake Petroleum to construct an addition to the XtraMart store at 1414 Dryden 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 .
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773 4- 19- 12
S 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 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 NYCRR
§617 . 7 (c) , and (iii ) its completion of the Short EAF, Part II , 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 EM and
• determination of significance shall be incorporated by reference in this Resolution .
2nd Cl Leifer
Roll Call Vote Cl Stelick Yes
Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
Public comment :
A resident asked whether the facility would be open 24 hours, and was told that it is
currently open 24 hours. Dunkin Donuts may not be open 24 hours.
J Pierpont said she understands that DOT has found no problem with the traffic
pattern. It seems that the concerns of people using BB farms have not been addressed . An
increase in traffic will make this worse . It is dangerous to go out into traffic that is going to be
turning, or to sit in the middle of the road with trucks and traffic going around you .
Supv Sumner said she has not reviewed the report, but assumes that 400 cars in the
volume of traffic that is already there are probably not considered to be a significant change .
RESOLUTION #83 (2012) - APPROVE DRAKE PETROLEUM (XTRAMART)
SITE PLAN REVIEW - 1414 DRYDEN ROAD
• Supv Sumner offered the following resolution and asked for it adoption :
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TB 4- 19- 12
WHEREAS, Drake Petroleum, Inc . has applied for Site Plan Review to construct an
addition to their store at 1414 Dryden Road , and
WHEREAS, the Planning Department has received the application and all necessary
fees from the applicant and has deemed the application complete, and
WHEREAS , the Town of Dryden Board is the Site Plan Review Board, and
WHEREAS , the Town Board has reviewed the short Environmental Assessment Form in
accordance with SEQRA procedures for an Unlisted Action and determined that the action will
not result in any significant adverse impact on the environment and adopted a resolution
approving a negative declaration of environmental significance , and
WHEREAS, the Town Board has reviewed the application and the recommendations of
the Planning Department, and
WHEREAS , the Town Board reviewed the Sketch Site Plan during the February regular
meeting and has waived the requirement for a public hearing, now , therefore,
BE IT RESOLVED AS FOLLOWS :
The Town Board of the Town of Dryden , acting as the Site Plan Review Board , approves
the Site Plan for the XtraMart Convenience Store with the following modifications and
conditions:
The modifications to the Site Plan arc:
• 1 . Suitable and appropriate pedestrian connections with the
neighboring commercial properties ;
2 . Suitable bicycle parking.
The conditions are :
1 . That the property at the time the building permit is issued , and
thereafter, be in full compliance with the Town of Dryden
regulations regarding signs;
2 . The issuance of and compliance with all other required permits ,
including, but not limited to New York State Department of
Transportation and Tompkins County Health Department;
3 . Town of Dryden Planning Department approval of a stormwater
plan , ADA parking plan , and the bicycle parking and pedestrian
connection required by the modifications;
4 . Standard Conditions of Approval dated August 14 , 2008 .
2nd CI Leifer
Roll Call Vote Cl Stelick Yes
• Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
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ENGINEERTNG
Supv Sumner said the board will be reviewing the full SEAR for the Yellow Barn Road
Wal: ;r District, and she has had a specific request to drop the word "Road' from the name of
the district She explained the Yellow Barn Water Company has petitioned to have the area
served by them formed as a town water district. Last month the board reviewed the Map , Plan
& Report.
Supv Sumner said she received a comment regarding the formula for assessment for
debt service_ She considered basing that assessment formula on units alone and is very
simple _ She believes them am no properties them with more than one unit, and only a handful
have more than an acre . The assessments are all over the map . She is willing to entertain
modifying the formula to units alone . CI Leifer said it seems that is what stakeholders seem to
want .
A Pciarahba said there are 81 property owners and until a public hearing is held we
may not have everyone's opinion on that . Supv Sumner said she is happy to entertain
comments , but the board needs to make this decision . A Seiarabba said as he understands it,
now everyone 's charges are pretty consistent . Units am the simplest , and make it easy . The
current formula takes into account that a five acre parcel may subdivide and have a greater
benefit , babe Sumner is leaning toward units and asked whether the formula needed to be
amended prior to public hearing. There is the possibility of modifying it at budget time .
Ed man said he is on the Board of Directors of the Yellow Barn Water company. His
•
concern is how the upgrade should be paid for. Under the current formula there is a large
•
discrepancy between top and bottom _ The low end is about $200 per household and the high
end is $ 1200 per household_ he doesn 't see haw the value of the house and the acreage is
relevant to the discuosiee . The reality is that if land is involved , linear frontage, is a more
appropriate way, and that would result in an $ 800 between the high and low. He is currently
at the high end and under the frontage formula his property would move to the low end.
Everyone currently getting service is paying a flat rate for maintenance and a flat rate for water
with a charge for excess usage . He asked the board to consider an even rate across the board _
Someone should not have to supplement their neighbors for the same service .
he added some properties have multiple shares of stack in the corporation because they
have multiple lots _ He would The a per house assessment for those taking advantage of system _
Supv Sumner said the board will review the hEQR tonight and she hopes to schedule a
public hearing for neat month , but the board needs to decide the assessment formula before
that, The board agreed that a per unit charge would make sense . The Map, Man and Report
must be amended prior to scheduling a public hearing. The board will meet next Thursday at
7 : 30 to accept the Map , Plan and Report and schedule the public hearing for the May meeting.
The board reviewed the long SEQR form for the project . No large impacts were
identified ,
RESOLUTION 484 ( 2012 ) - NEM SEAR DEC - YELLOW BARN WATER DISTRICT
Cl Stelick offered the following resolution and asked for its adoption :
HEhhA ,
A , The proposed action involves consideration of the formation of the Yellow Barn
Mater District .
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'1134- I9- ] 2
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 If of the
New York State Environmental Conservation Law - the State Environmental Quality Review Act
" (SEQR) , (i) thoroughly reviewed the long Environmental Assessment Form (the long EAFI ,
Part I , and any and all other documents prepared and submitted with respect to this proposed
action and hs 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 NYCAR A17 . 7 (c) , and (iii)
completed the long TAF, 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
long EAR', 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 b PYCRR ,A17 . 7 (n) , and
(iii) its completion of the long EAT , hart II , including the findings noted thereon (which findings
are incorporated herein as if set forth at lengthl , hereby makes a negative determination of
environmental significance (sliegativo 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
he The Responsible Officer of the Town Board of the To n 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 long EAT and
determination of significance shall be incorporated by reference in this Resolution.
°d Cl Leifer
Roll Call Vote Cl Stolick Yes
Supv Sumner hes
Cl Leifer hes
Cl Lavine Yes
HIGHWAY/ DPW DEPARTMENT
No report.
Supv Sumner said the board had received an email from the Highway Superintendent
about vandalism in Dryden Lake Park and there has been discussion about closing the park
after dark. It has been pointed out that there is fishing there after dark . Supv Sumner has
spoken with the Mate Police who are happy to patrol the area , but pointed out they have
something to enforce if there are posted hours . There has been damage to the restroom , picnic
tables, both pavilions and a good deal of driving off the road and damaging the lawn area . The
police recommended motion sensor for lights . Cl Stelick said motion lights are a good idea and
should have protective covers . There could be signoge that the park is closed during certain
S times except for fishing. Supv Sumner will ask Jack Bush to price motion sensor lights_ Supv
Sumner would like to put a question about this on our website _
Page it of 22
TB 4. 19- 12
RECREATION DEPARTMENT
Supv Sumner said the board has received recommendations from the Rec Department
for grant awards. The Recreation Commission reviewed 18 different requests, and 10 were
recommended for funding.
Cl Stack read the note from DRC on the Kiwanis request= * Partially fund with following
stipulations: Infield mix to be purchased in conjunction with similar needs of Wall St, Ball Field . Project will be
a joint venture of Kiwanis and Dryden Recreation, Andrew Pierce is the project manager for infield work on
all three fields . Payment will be made directly from Town to supplier_ Ki ohis is expected to provide
volunteer labor_ No to dugout rnaterials . Andrew Pierce is working on obtaining bids end then will submit a
plan for all three ball fields prior to March 28 DRC meeting ,"
Cl Stelick said most applicants did not get their request fully funded . Por the first time
the}p have reached out to other groups . The board can approve all others and discuss the
Kiwanis grant award another time . There is an issue about territory. He would be
disappointed if this grant is refused because of this issue . The money would be well. spent and
the fields em in need of work. The belief is to let community groups run the programs and
town will take care of the fields , and this is what they were trying to do . He doesn 't want to
hold up the rest of the grant awards ,
Supv Sumner said purchase of the same material is a matter of economy ,
Cl Stelick suggested approving the nine others and working with Kiwanis .
RESOLUTION #85 ( hhhh ) - APPROVE DISTRIBUTION OF COMMUNITY GRANT FUNDS
Cl Stelick offered the following resolution and asked for its approval :
lhChdTVED , that this Town Board hereby approves the following community grants , as
recommended by the Dryden Recreation Commission =
Girl Scouts 1 ,615 . 00
Dryden Lake Festival 2 ,250 . 00
Varna Community Association 1 , 325 . 00
Ellis Hollow Community Association 4 , 250, 00
hreeville Community Carrip 2 , 500. 00
4H Acres 10 , $43 . 00
United Methodist Church 2 , 000 . 00
Dryden Community Cafe 5,200 . 00
2°" Cl Leifer
Roll Call Vote Cl ^. telick Yee
Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
Sur Sumner said she would like to move approval of the Kiwanis grant, and they are
free to decline _ Cl Stelick seconded the motion . Don Scutt said the award doesn 't fit what
Kiwanis asked for . It is not a town field and the parameters of how it was laid out are not
proper. Stripy Sumner said the recommendation of Recreation Commission is reasonable and
410 iw ate is free to decline the grant if they wish , but she doesn 't see a reason to send it back to
the Commission , Cl Lavine suggested the parties get together to discuss it . f] Scutt said he
doesn 't think it can be salved , but appreciates the offer_ Them has to be compromise on both
tAm II art
114- 1942
• sides and there doesn't seem to be any. He would like to be involved in a discussion with the
Rec Commission _ l Stelick would be disappointed if this is declined _ D Scutt was involved in
building the fields in question , and he takes offense at what the DRC is recommending they do
with those fields . Supv Sumner said Melissa Bianconi is well qualified to make decisions about
reconstruction on the fields_ D Scutt said he is jest as qualified and takes pride in those fields .
They are in better shape than 20 years ago . He took offense to how this award was delivered ,
in a non -negotiable way . He is willing to talk about what has been recommended ; he is not
declining the grant. He would like the board to talk about it.
Sups Sumner said the town has granted the Rec Commission the authority to review
and make recommendations for the grant program . ft's not unusual in public funding to
attach conditions.
Don Scutt said he has received a call that work will have to start eon, and he would
like it to happen after ball season at the and of dune . The work should be done as A was on
Wall Street._ He would like the Rec Dept to do the work to his specifications.
RESOLUTION #S6 1201 2) -- APPROVE KIWANIS GRANT
Supv Sumner offered the following resolution and asked for its adoption ;
RESOLVED , that this Town Board hereby approves the community grant awarded to
Dryden thwanis in the amount of $2 , 000 , 00 with the stipulations recommended by the Dryden
Recreation Commission, and requires that the Dryden Recreation Commission discuss the
grant award with merxiders of kiwanis , and if after that discussion there is a different
recommendation , the Town Board will consider it,
a nd hI Stelick
Roll Call Vote Cl Stelick Yes
Sups Sumner Yes
Cl Leifer Abstain
Cl Lavine Yes
Cl Leifer abstained because he is a member of Kiwanis ,
Supv Sumner thanked Don Scutt for his devotion to the Xiwanis ball program and said
it has made a world of difference for children for decades.
Supv Sumner said the Recreation Director has made a recommendation to the
Technology Committee about software for her department. Stipa Sumner would like the
committee to consider that along with necessary upgrades to server and be ready to move
forward this summer.
COUNTY BRIEFING
Mike Lane said the County has a program funded by room imc for grants to promote
tourism . The town made two applications and will receive $ 1010 for Dryden Lake Festival , but
did not receive a grant to support a more expensive band for the festival to attract ware people
from out of town. The committee was unsure hove that would be marketed .
With respect to redistricting, they are waiting in see what the City committee says at
their meeting tonight about d or 5 wards down there . Four would make it easier for the board
of elections, with co -terminus districts in the city and county , if not, they could have sliver
districts.
Page I2 of 22
'I'F, 4- ] 9- 12
411 With respect to the State budget , the county has been kind of neutral in funding, but
theyhave been hurt in youth programming. Last night the legislature passed supplemental
funding from contingency of about $70,000 for youth programs they are already committed to ,
but won have state assistance for. Next year they may not be able to do as many programs.
That affects children in the Town of Dryden as well as other parts of the county ,
The county is continuing to try to relocate offices from the old library . They are looking
at bunker storage for county records currently housed at the old library . The committee is
impressed by the facilities there_ They are looking for more space for some of the criminal
justice programs, and if they can find space for them , will be abEe to make a decision about the
library building, They may deconstruct it or sell it . The Community Arts people have painted a
mural on the curved wall of the building_ There is also the possibility of a mural on building S
on Buffalo Street.
Martha Robertson said the state budget isn 't as bad for them this year; it is more or
less status quo, probably due to the tax reforms made at end of year. There is not a lot of
mandate relief, but proposals that may help in the future . They did. succeed with funding inr
dydrilla and received $ 13 million for dredging in the inlet. With the combined efforts it should
be a goad job. DEC will be lead agency with input from a local task force,
Supv Sumner said it came up at the meeting with the Community Science institute that
hydrhlla could be introduced to Dryden Lake . Dan Kwasnowski has agreed to work with
Cayuga Watershed to get a sign for the boat launch at Dryden Lake, M Robertson said that
Cooperative Extension has an amazing website with information and the local task force is
working on education and public meetings . There will be a series of public meetings this
spring .
W Robertson talked about correspondence with NYS DOT and hack Bush regarding
lowering the speed limit on Ellis Hollow Creek Road . She suggested that a petition by residents
and resolution of the Town Board requesting a lower speed limit would assist in those efforts_
Supv Sumner said she will contact some people to circulate a petition. .
The Southern Tier Regional Council of Economic Development will be making an
announcement regarding funding opportunities for rural enterprise , businesses on farms, for
shovel ready projects for industry and some community revitalization , etc . As part of that
funding last year , Tompkins County received a million dollar grant to develop an 8-county
sustnluobility plan . They have eight months to prepare for the next phase, which has more
money available for implementation _ 'Them is a public meeting next Tuesday, Ithaca Town
Hail , at 5 ; 00 p . m. to collect input from residents with respect to what kinds of projects they'd
like to see in our community.
Local Assessment Review for the Town of Dryden will be held May 10, hem at the Town
Hall, from 33 ; 00 to 6 : 00 p . m ,
Robertson said she was talking with someone in the Attorney General 's Office who
was happy about the Town retaining Earthhustice .
The board took a five minute break at 9 : 53 p, m .
TOWN CLERK
Supv Sumner asked the board to approve the meeting minutes of March , 2012 .
RESOLUTION #87 (ddhd ) - APPROvE MINUTES
1'age It ww
TB419- I2
Supv Sumner offered the following resolution and asked for its adoption :
RESOLVED , that this Town Board hereby approves the meeting minutes of March 1 ,
March 1 , March 8 , and March 15 , 2012 .
2 "4° Cl Stelick
Roll Call Vote Cl Stelick Yes
Supv Sumner Yes
Cl Leifer Yes
Gl Lavine Yes
ATTORNEY
No report.
Cl Lifer said after last week 's vote to retain EarthJustice he contacted Deborah
Goldberg and has received a draft retainer agreement. D Goldberg has asked that he be the
board contact . He said he will be comfortable doing that. When it comes Is collaborating on
legal aspects, she will work with Mr. Perkins_ If she needs an approval from the board, she
wanted him to be the communication paint . He is willing to he that . She will copy him and Mr.
Perkins on legal papers. He expects it to be smooth sailing from. this point.
Supv Sumner said she has questions about the agreement, She will talk with Yt Leier
tomorrow . C1 Leifer said the fee estimate should not include any of Mn Perkins costs . dupe
Sumner said she has other issues she'd like to discuss_
Cl Lavine said made a motion to that Cl Leifer be named in the retainer agreement with
EarthJustice as the contact person for the board because it is more efficient to have one
person _ The motion was seconded by Cl Leifer, Cl Ste lick said he will abstain just heard about
it tonight, and after having had a chance to review matters , he would be willing to vote next
week. SUI2PV Sumner said she wouldn 't support a decision like that tonight either . There was
no vote . The motion was withdrav4-n and CI Lavine asked to have the matter put on the agenda
for next week 's special meeting.
PLANNING DEPARTMENT
D
Kwasnowski said he but out for bid the appraisal of the ,ferry Yell Harm for as a
Farmland Protection Implementation Grant project . The survey is complete . The next step is
an appraisal, then e purchase agreement will be drawn . He hopes to have all the paperwork
for the project done by the end of the year .
Cl Stelick said the Town is still holding the bag on a large amount from the state . He
asked That would make this project move forward with no funding available , R Kwasnowski
said he has asked the state the question , but right now he has time now to work on this. Cl
atenek said he does not want to get backed in a corner again with them . The hewn acted on
goad faith , and the State has not come through . This is a goad project, but he will not support
again arhat was done in the past . We aced to know the state will make good on this . D
Kwasnowski said there is a lot invested in this project already. The survey has been done and
the easements have been drafted .
I D Kwasnowski said iri obtaining estimates for this project he called seven offices . Five
of them referred him to the two that he has estimates for. This is a special appraisal.
PerthEast Appraisals and Pomeroy are two in this region that he this type of work . We used
Pup 14 e 1722
'FBA - 1y- 12
North East on the Lewiin Farm and Ken Gardner did a great job. They are both excellent firms.
NorthEast Appraisals is significantly lower and within budget
RESOLUTION #89 (2012) - AUTHORIZE APPRAISAL FOR JERRY DELL FARM
Supv Sumner offered the following resolution and asked for its adoption:
RESOLVED , that this Town Board hereby accepts the bid for North East Appraisals for
appraisal of the Jerry Dell Farm at a cost not to exceed $8,000 . 00 , and the Town Supervisor is
authorized to execute the contract for the same .
2nd Cl hmtek
Roll Call Vote Cl Ste lick Yes
dupe Sumner Yes
CI Leifer Yee
Cl Lavine Yee
D Kwasnowski said he would like to initiate the survey for WideA ake Dairy _ This is a
little different because it is .federal and state funding, and them is no owner match . The match
is provided by the federal government. That will come u.p this summer.
Zoning Law schedule - D Kwasnowski and Atty Perkins discussed this today, He will
provide an outline to the town board , hut basically, the that event will be take it back to the
Planning Board next week_ They will then hold another public meeting to go over both the
zoning law and subdivision law . He hopes to to that on May P . The board could then
introduce the laws on the 10th and that would Dave more than 30 days before the next town
411 board meeting for county review. A public hearing could be held in June ,
dupe Sumner said that in response to public comment, they have agreed that it is
important to introduce the subdivision law and the zoning lave at the same time . Them have
been substantial changes to the subdivision law which resulted in a couple of minor changes to
the zoning law, and an amendment to the road standards law .
Tim Woods asked if the zoning amendments would be submitted to Ag and Markets,
and whether it had ever been done. D Kwasnowski said them is no authority to do so _
CEA designation - K Dwasnowsld said the proposed process has been distributed and
everyone seems to be on board . He said he did think it was fast- tracked last year, The draft
summary did give people a chance to review _ Them nib be two notifications to the public , for
conservation board review and then another for the town board public hearing. Each CEA will
be considered individually, but several can be done at one public hearing. Supv Sumner said it
was not fast- tracked in the process of analyzing the data, then there was a lull, and the board
didn 't expect this kind of controversy . The proposal to explain the criteria is good _ D
Kwasnowski and J Bogdan have been tightening up the boundaries of the CEAs, and it will
dramatically affect the map. They are excluding land that obviously does not meet the criteria.
The Conservation Board will then review that .
D Kwasnowski said there will be a meeting on the Varna Plan on May 23 at 7 : 00 p . m. at
the Varna Community Center_ It looks molly nice .
After the Fall Creek Forum D Kwasnotvski talked with Steve Penningroth about water
signatures, and will bring a proposal for a piece of equipment . It could also be used by other
communities and they can share in the expense _ Supv Sumner said the leaning toward giving
air quality testing priority . D Kwasnowski said the instrumentation for air quality testing is
raw: 15 u itt
TB 449- 12
very expensive and will tell us we have very clean air. You need someone very qualified to set it
up, and it seems that the water is more of an issue .
T Woods said the Dryden farmers committee has met three times regarding the CEA
proposal they were given at the last Conservation Board meeting. They have two pages of
questions and would like to meet with someone other than the Conservation Board . The
Conservation Board did not respond to their questions. They would like to meet with the
Planning Department, He was directed to make an appointment with D Ewasnowski.
UNFINISHED BUSINESS
None ,
NEW NEWNESS
The hoard has received a recommendation from the Conservation Board to fill the
vacancy on that board , Cl Stelick said they had seven very good candidates and he hopes the
ones that weren't chosen will continue to be interested _
RESOLUTION #90 ( 2012 ) - APPOINT JEREMY BLISS dAN TO CONSERVATION BOARD
hobo dumper offered the following resolution and asked for its adoption :
RE OLV$ p , that this Town Board hereby appoints Jeremy Sherruan to serve on the
Conservation Board for a term to expire December 31 , 2013 ,
2"r" Cl Stelick
SRoll Call dote Cl Etched Pee
upv Sumner Yes
Cl Leifer Yes
Cl Lavine Pee
Atty Perkins has reviewed the documents regarding the settlement of the Crane Hogan
dispute and doesn't have any issues_ buoy Sumner said this sterns from a dispute about some
work Crane Hogan did at the Ithaca Area Wastewater Treatment plant five years ago ,
RESOLUTION #91 [2012) - APPROVAL OF PROPOSED SETTLEMENT OF CRANE HOGAN
STRUCTURAL SYSTEMS, INC . E. CITY OF ITHACA
dopy Sumner offered the following resolution and asked for its adoption :
WHEREAS , the case of Crane Hogan Structural Systems , Inc _ v, The City of Ithaca, new
York was Wed in Tompkins County Supreme Court and involves a contract dispute about delay
damages Crane Hagan alleges it incurred as general contractor for a project known as the
Tertiary Phosphorus Removal Upgrade Project at the Ithaca Area Wastewater Treatment Plant
("IAWTP") ; and
WHEREAS , the City of Ithaca, Town of Ithaca , and Town of Dryden are co-owners of the
WWTP , and pursuant to their Joint Sewer Agreement dated December 31 , 2003 , they are
jointly and severally liable for the defense and payment of claims arising out of the
construction of the IATP, with liability apportioned in proportion to the interests of each
owner in the IAWTP or in accordance with such other methods as the owners may agree ; and
WHEREAS , the complaint by Crane Hogan Structural Systems , Ins . ("Crane Hogan' ) seeks
payment in the approximate amount of $ 150 , 000 , exclusive of interest ; and
Page 16 of 22
TTY4- 19- E2
SWHEREAS , the attorney engaged by the owners for LAW TP matters has riled an answer
on behalf of the City denying the claims asserted by Crane Hogan; and
WHEREAS , following negotiations and a mediation session between the parties, Crane
Hogan has agreed to settle its claims in exchange for a payment of $65 , 000 by the City ; and
WHEREAS, said settlement will conclude this litigation , and will preclude any further
Claims by Crane Hogan related to the IAWTP construction contract; and
WHEREAS , at its April 11. , 201. 2 meeting, the Special Joint Committee recommended
approval of the proposed settlement; therefore be it
RESOLVED , that the Tarvn Board of the town of Dryden hereby approves the attached
Settlement Agreement and General Release and further approves payment not to exceed
$65 ,000 from Capital Project Account 409J (Wastewater Treatment Plant Upgrade Phosphorus
Removal Project) in frill settlement of Crane Hogen's claims, which amount is in the current
authorization of said Capital Project, and which account has been funded by the IAWTF owners
in proportion to each owner's permitted capacity in the IAW'fP, as provided by the Joint Sewer
Agreement ; and he it further
RESOLVED , that the Town Board hereby authorizes the Mayor of the City of Ithaca,
upon the advice of the Town Attorney and City Attorney , to execute the Settlement Agreement
and General Release and all other documents n.ecessary to implement the settlement
referenced herein _
2nd hi hMiirh
Roll Call Vote Cl Stelick Yes
8upv downer Yes
CI Leifer her
i Lavine her
upv Sumner has received a proclamation from the Ithaca Board of Realtors recognizing
the Fair Noosing Act that they would like the town to adopt .
RESOLUTION 492 ( 2012 ) - PROCLAMATION RECOGNIZING THE FAIR HOUSING ACT
Upv Sumner offered the follotiviog resolution and asked Cr its adoption :
Proclamation
WHEREAS, April 11 , 2012 , marks the 44th anniversary of the passage of the C. C. Fair
Housing Law, Title VIII of the Civil Rights Act of 1968 , as amended , which enunciates a
national policy of Fair Housing without regard to race , color, creed , national origin , sex, familial
status , sexual orientation , and handicap, and encourages fair housing opportunities for all
citizens; and
WHEREAS , Town of Dryden , as well as Ithaca Board of REALTORSC, are committed to
highlight the Pair Housing Law, Title VIII of the Civil Rights Act of 1968 , by continuing to
address discrimination in our community, to support programs that will educate the public
about the right to equal housing opportunities , and to plan partnership efforts with other
organizations to help assure every American of their right to fair housing.
NOW, THEREFORE BE IT , that the Town of Dryden , does hereby resolve that April
2012 , being Pair Housing Month , begins a year- long commemoration of the U. E . Fair Housing
Pwgc 17 or, 22
TB 4- 19- 12
Law in Tompkins County and urges all citizens to wholeheartedly recognize this celebration
throughout the year .
2nd Cl Lavine
Roll Call Vote CI Stelick Yes
Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
The board had received information and a proposal from MEGA energy . Supv Sumner
said she would love to say that there is a savings of $ 1000 to $2000 a year on electricity alone .
She hasn 't nailed down the total swings on the gas , but gas rates are included in the proposal .
There is an opportunity for substantial, savings . After discussion , the board passed the
following resolution _
RESOLUTION #93 (20121 - AUTHORIZE AGREEMENT WITH MEGA
Supv Sumner offered the following resolution and asked for its adoption ;
RESOLVE ]] , that this Toazm Board hereby authorizes the Town Supervisor to sign for
energy services through MEGA for the shortest term possible, pending review and approval by
the Town Attorney _
2nd Cl heifer
Roll Call Vote 51 Stelick Yes
Supv Sumner The
40 Cl Leifer Yes
CI Lavine Yes
The board has considered a proposal for IT support from tV-4 . They will voucher for
their services and Atty Perkins has approved the agreement . It is within budget and has been
reviewed by the board .
RESOLUTION #94112012 ) - AUTHORIZE SUPERVISOR TO SIGN CONTRACT FOR
IT SUPPORT
Supv Sumner offered the following resolution and asked for its adoption :
RESOLVED, that this Town Board hereby authorizes the Town Supervisor to sign an
agreement with IV-4 for it services for a touw of 9 months , staying within the town 's budget .
2nd e1 IS` teliok
Roll lull Vote CI Stelick bee
Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
The board has received and reviewed a proposed local law amending Local Law # 0 of
2007 , Establishing specifications for neu- highways in the Town of Dryden . Supv Sumner
introduced that local law and the board eel: the public hearing for May 17 , 2012 , at 7 : 30 p . m,
The board has received a resolution urging the Governor to develop a blend of revenue
• streams and other taxation of natural the extraction and establish an accurate and
transparent and verifiable method of measuring and reporting shale gas production. Cl Leifer
said New York does not have a system anywhere close to Texas and Pennsylvania has a
Page a At
-I-13 4- 19- 12
horrible system _ Supv Sumner said meters used are not designed for shale gas and it is self-
reported with no oversight or calibration of meters _
RESOLUTION #95 ( 2012 ) - URGING THE GOVERNOR AND THE NEW YORK STATE
LEGISLATURE TO DEVELOP A BLEND OF REVENUE STREAMS AND OTHER TAXATION
OF NATURAL GAS EXTRACTION AND TO ESTABLISH AN ACCURATE, TRANSPARENT,
AND VERIFIABLE METHOD OF MEASURING AND REPORTING SHALE GAS PRODUCTION.
Supv Sumner offered the following resolution and asked for its adoption :
Whereas New York State is preparing to permit the process of extracting natural gas
from the Marcellus Shale areas in our region in the near future , and
Whereas local governments have already incurred expenses in preparation for the
extraction of natural gas and will incur further expenses such as repair of roads , higher social
service costs, emergency services , etc, , when this industry comes to town and before any ad
valorem revenue is received , and
Whereas the town of Dryden has already spent a considerable amount of time and
money developing and adopting local laws to protect local roads, establish sound performance
standards , protect primary aquifers , and clarify that our zoning does not permit gas drilling,
and is considering mom legislation in the coming year to protect their residents, roads and
infrastructure, and establish boundaries for the impacts of natural gas extraction in this town
and surrounding towns , and
I Whereas, ad valorem tax on production is the only revenue source for local governments
to offset the cost of incorporating the gas extraction industry into its community, and
Whereas , ad valorem tax on production is not a revenue source for a municipality
adjacent to one that has gas extraction , yet the adjacent community will also incur impacts
and expenses from the gas extraction industry , and
Whereas, the Mate and local process for levying the ad valorem tax on gas production
has a built hr delay of a minimum of 3 years ( year I gas is produced but not reported until
year 2 when it is added to assessment role for year 3 when the gas producers are sent tax bills
for year th production) between the time that the gas is extracted (not the well pad
constructed, well drilled and pipelines connected ) and the year the local government will
receive revenue which means that under the current system , tax payers will need to pay for the
impacts of this industry on the local government and community before any revenue is received
to offset those costs, and
Whereas, other states that have hosted the gas and oil extraction industry for marry
years have a blend of fees and several taxes including ad valorem and severance to cover
expenses to governments as they are incurred and not saddle the civil society with this burden,
and
Whereas the mlcu ] ation for Unit Production Value thh ) in determining assessment of
natural gas in New York State has not been completed for tight shale gas deposits like
Oorcellus so any planning for ad valorem revenue from gas extraction is impossible yet the
prospect for impact is imminent, and
Whereas , the yet undetermined hhh is multiplied by self-reported gas production to
determine the assessed value of given well, and
rage l9ef22
TI3 4- 19- 12
S Whereas , there is no independent oversight of the gas meters accuracy , it's installation ,
or its reading of extracted natural gas (self- reporting by the ener y companies) which is an
affront to the assessment process used for all other taxable properties within our County,
He it resolved that the Town of Dryden strongly urges the Governor and the New York
State Legislature to develop a blend of revenue streams through fees and other taxation of
natural gas extraction to provide funds for stale and local governments when expenses are
incurred , and
Be It Further resolved , that the Town of Dryden urges the Governor to direct the Office
of Taxation and tdnaooe to establish , through an open and transparent process , the Tait
Production Value for assessment of shale natural gas like Marcellus , and
Be It Further resolved that the Town of Dryden demands that the Governor and the New
York State Legislature establish an accurate , transparent , and verifiable method of measuring
and reporting shale gas production .
2„{t Cl Stelick
Roll Call Vote C1 Stelick Yes
Supv Sumner Yes
Cl Leifer Yes
Ti Lavine Yes
Cl Lavine was excused at 10 : 37 p. m .
The board discussed a request from two water/ sewer customers who received late
charges on their bills and have written to request the into charges be removed , The Bolton
Point business office says there is no way of knowing whether the bills were received by the
customers or not. Waiving these charges could set a dangerous precedent, though this is the
first time the customer has been late. Customer has been receiving quarterly bills for ten
years. The late charges are set by local baav , Soapy Sumner will check and if that is not the case ,
she will bring it bock next month.
COMMITTEE REPORTP
Emergency Committee - Fire departments are working on response plans and
coverage areas .
Finance Committee - The committee has met with the bookkeeper who is gathering
information for them . The bookkeeper has been working on getting the Annual Update
Document submitted _
Personnel Committee - Last week the committee dealt with job descriptions for deputy
clerk and IT support and the maternity leave policy . Pupa Sumner would like the board to not
on the maternity policy _ TI Stekck said he thinks they have covered everything in the policy
and it is a fair policy _
RESOLUTION #96 (20121 - ADOPT MATERNITY LEAVE POLICY
Cl Leifer offered the following resolution and asked for its adoption =
That this 'Town Board hereby adopts the Maternity Leave Policy below and directs that
• the Town's Personnel Manual be amended to include this policy:
Maternity Leave Policy :
Page 20 of 22
ID 4- I ! - 12
Approximately a month or more prior to the due date , the employee must provide to the Town Supervisor
in do Human Resources, their written leave request that must include their anticipated leave details such as
their approximate due date, approximate medical nui of work dates , approximate family leave dates to follow their
medical leave (if an and the type of leaves the are requesting( any) . y leave(s) y q g (such as unpaid, paid , medical, family, FMLA, or
any combination of such) . This request must be accompanied by an out of work note from their attending physician
that must include the approximate due hate and the approximate medical leave dates, as well as any other required
paperwork such as for the Town's shod-term disability coverage , for the Federal Family IvIedieal heave Oct, and/or for
an unpaid leave . Should the situation change resulting in a change to the leave start date , nave duration, and/or
return from leave date , the employee must provide the Town a change request and include medical documentation
• from their attending physician .
Prior to returning to work, the employee must provide the Town SUpervisor in the Human Resources with their
physician medical release to return to work note that must include the earliest date they am medically cleared to
return to work , and , include if there are any medical restrictions and if so, the detailahength of such .
Under the current Town's short-term disability policy (4/2012) , full-time employees who will miss work for the birth of a
child are covered under this policy. The current policy (4/oP12) has a one-week wailing period before any disability
benefits will be paid . The Town will pay the full-time employee's full salary during this one week waiting period. The
employee would be eligible to receive disability benefits for the medical leave portion of their leave, (i , e. , n-8 weeks is
the standard) , While receiving disability benefits, the full-time employee has the option of using accumulated benefit
time to supplement their income_ It is recommended that the employee review the details of the short-term disability
policy with the disability insurance carrier, particularly with regard to what the regulations are regarding the use of this
benefit and the use of leave benefit time during the disability payout.
While on a paid leave, the employee will continue to accrue leave benefit time in the same manner as if they were
working .
The Federal Family and Medical Leave Act of 1993 (FMLA) may also be available to employees eligible as so
determined by the FIALA. The F tvILA allows eligible employees, In receive up to a 12-week paid and/or unpaid leave
of absence for qualifying reasons, within a one-year tinreframe , {one-year timeframe as so established by the
employer) , and maintain health benefits at the same employee cost prior to the employees leave and job protection
while on this leave. See information about this coverage in the Personnel Manual and from Human Resources.
Obtain the required forms from Human Resources,
pm Supv Sumner
Heil Call Vote TI Stelick Tea
Supv Sumner Yes
Ht Leifer Yes
Technology homaaittee - CI Leifer said the committee will bring a server
recomroendetion to the board . He will ask ITT to look at it and make a recommendation, The
original quote was $ 12 , 000 , then they had one for $6 ,000 , then lost the IT guy , He expects to
have something next month ,
Infrastructure committee - Supv Sumner said this committee has a lot of work to do _
Cayuga Heights used to bill by units and will be moving to billing by consumption_ We have
been billing customers by consumption and it turns out the Town is losing money . She is
looking for a grant writer to address the special districts and possible consolidation and apply
for grants with respect to that . She added that the special districts are doing fine and have
decent fund balances_ They are starting to look at replacement issues in the older districts .
There is a need to establish criteria for assessrteent forme /es and usage rates.
Ag committee - thi Leifer and CI Stack have been working on this. The next meeting
of the unofficial committee is May P , 2012 at 730 p. m . Tim Woods has been looking at by-
laws to be used by the committee . Supv Sumner said she woTTd like an ad hoc committee for
the rest of this year. T Woods said he has been told they can have an actual advisory board
Page 21 of 22
113 4- 19 42
within 90 days . Supv Sumner said she would like an advisory committee as soon as possible
and would like them to consider an ad hoc format with an eye toward completing the necessary
legal work on an advisory board by the end of the year. She asked them not to slow the
process down r T Woods said he will have a good package for them to consider as soon as
possible, The board asked the group to advertise the next meeting in community newspapers,
Supv Sumner noted there was an article in The (Cortland Standard last week about the
City providing tablets for council members . They estimate the cost of the 9 tablets ($4 , 700) will
replace the 100-page packets the aldermen receive before the twice monthly council meetings .
They estimate a savings of $ 11 , 000 over four years. Cl. Stelick said he believes the Town is
currently handling its transition away from paper is less expensive , using thumb drives , and it
seems to be working fine ,
Cl •
Stelick said that Local Law 42 1981 regarding unsafe structures should be reviewed
by the board and adjusted if necessary . Supv Sumner said she will add that to the agenda for
neat month .
There being no further business, on motion made , seconded and unanimously carried ,
the meeting was adjourned at / 0 : 52 p. m .
Respectfully submitted ,
/12/1-7-4, /7(L
hambi L. Avery
Town Clerk
Pn t 99 of 22
1
la- Dryden Town Board Meeting
0
I; s Dryden Town Hall
` 93 fast Main Street oivisi }r,
. '
� ��4
Thursday, April 19, 2012 .--.---.- 7 . 30 PM 1
.
1 _ Call Meeting to Order
2 . Pledge of Allegiance
3 . Roll Call
4 . Site Plan Review -- Xtra Mart and ZO memo
. 5 . Citizens Privilege
6. Town Clerk B Avery
a . Approve Meeting Minutes for March 1 . March 8 and March 15
7 . Engineering A Sciarabba
a . Yellow Barn Water District SEQR
b. Assessment formula
8 . Highway Superintendent/Dept Of Public Works J Bush
a Dryden Lake Park
9, Recreation Department
a . Grant Recommendations M Bianconi
b , Software recommendation
10 . County Briefing County Rap
1 1 . Planning Department D A manwski
a. RCA designation. process
0 b . Farmland appraisal agreement
c . Zoning/Subdivision timeline
1 . Attorney M Perkins
13 . Unfinished Business
14 . Rem Business
a, Conservation Board appointment
b. Settlement of 7AWWTF/Crane Hogan dispute
c . Fair lousing Proclamation
d . MEGA Participation
e . IT support proposal
S', Introduce Local Law 3 of 2012
S. 'Resolution urging the Governor to develop and revenue streams and verifiable
production reporting for natural gas drilling
S . Request for waiver of water bill late fees
15 _ Committee Reports (3 minutes or less each , please)
a Emergency Committee S urn nerMStelick
b. Finance Committee StelicklLeifer
c . Personnel Committee .. Maternity Leave Policy Stel ic kite i fer
d _ Technology Committee Leifer
e , Infrastructure Committee Solomon/Stelink
f. Agriculture Committee Stelickli.eil:er
1 . Future Agenda Items
ill17 . Executive Session (if necessary)
The Next Town Board meeting will be
Thursday , May 17 , 2012 at 730 PM
Town of En den n
Town Board Meeting
I Ill April 19 , 2012
Name - as ,: Fi� rtt . Address or Board
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Town Board Meeting
April 19 , 2012
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S4- 19- 12
SPEAKER SIGN IN SHEET
If you wish to address the Board under citizen ' s 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 Address
CZXrJ ti:e Rrou , ! NOGi c Lea
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SPEAKER SIGN IN SHEET
If you wish to address the Board under citizen ' s privilege of the floor please sign
in below. Speakers will be limited to a maximum of' three minutes . Please provide the
Clerk vrrith a written summary of your statement,
Name Address
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•
•
a, 19 April 2012
TO THE DRYDEN TOWN BOARD :
We, the Dryden Farmers Committee, have several objections to the overall effect of
the proposed amendments to the Town of Dryden Zoning Ordinance will have on
local agriculture and farmlands in the Town . We , therefore, respectively request:
You delay your vote on the proposed amendments to the Town of Dryden Zoning
Ordinance until :
1) The Town of Dryden Agriculture Advisory Board is established and in operation .
2 ) The Agriculture Advisory Board is given a minimum of 60 days to review the
proposed amendments and to assemble their applicable comments and
suggestions prior to the public hearings that will be held to discuss the
committee 's written response.
• Signed :
Evan J . Carpenter
Chairman , Dryden Farmers Committee
Y
(r. Woo 41:14
Coordinator, Dr den Farmers Committee
,40
05 / 1D / 2012 11 ; 42 ; 00
MONTHLY REPORT OF SUPERVISOR
TO THE TOWN BOARD OF THE Town or Dryden ;
0 rsiar, t to Section 125 of the To 'i.n Law , I hereby render the following detailed state_nent
f all moneys received and disbursed by me during the mon • of AIM H , 2012 ;
f,
Alec.
DATED; May 10, 2012 4� e alf r
SU1 'B.I. tv 1SOIt
Balance Balance
• 03 / 31 /2012 Increases Decreases 04 /30 /2012
A GENERAL FUND - TOWm IDD
GASH - CHECKING 2 , 675 . 29 170 , 69 / . 86 170 , 151 . 25 3 , 421, - 90
GASH - SAVINGS 1 , E41 , 926 . E9 52 , 733 . 53 170 , 694 . 36 1 , 729 , 958 - 06
PETTY CA $ H. 700 . 00 0 . 00 0 . 00 700 . 00
PETTY CASH - POSTAGE 1 , 949 . 95 4 , 000 . 00 0 . 00 5 , 499 . 95
DPW E,quipme =, *, Capital Resecve 39 , 9 ; 5 . 18 19 . 33 0 . 00 39 , 69 . 57
Town 3uilcing s Cap 'i. l:al Reserve 50 . 330 . 34 21 . 01 0 . 00 54 , 351 . 35
Recreation Capital .eserve 303 , 02 '1 . 29 126 . 83 0 . 00 303 , 951 . 11
General Capital Reserve 0 , 330 - 34 21 . 01 0 . 00 50 . 351 . 35
TOTAL 2 , 231 , 914 . 2 ; 227 , 614 . 53 340 , 845 . 51 2 , 176 , 663 - 29
DA HIGHWAY TOWNWIDZ FUND
CASH - CHECKING 0 . 00 35 , 319 . 82 35 , 319 - 92 0 - 00
11110 CASH - SAVINGS 1 . 043 . 045 . 70 83 , 420 . 6; 35 , 319 . 82 1. , 091 , 146 - 55
WIGHWAY FOUIPMPJ']T CAPITTiT, RESE 29 , 4 "re . € 1 123 . 3 0 . 00 295 , 60 '."0 95
TOTAL 1 , 33 & , 523 - 31 11B.r663 . 83 10 , 6 :39 . 69 1 , 386 , 747 , 50
B GENERAL, - OUTSIDE FUND
CASH - CHECKING 0 . 00 20 , 956 - 75 20 , 956 . 15 0 , 00
GASH - SAviNGS 437 , 326 . 53 5 , 085 - 01 20 , 953 - 75 421 , 755 , 62
PBTTr best - onSTAGE 1 , 292 . 71 0 . 00 0 - 00 1 , 232 , ? 7
Gash , Cuseorar , S Depoeits 5 , 040 . 00 0 . 01 420 - 00 4 . 530 , 00
TOdtn_J 443 , 919 - 33 26 . 042 . 53 92 , 333 . 50 427 . 6 3 . 39
DE HIGHWAY OUTSIDE FUND
CASH - CHECKING 0 . 01 51 , 462 . 34 18 , 432 . 34 0 - 00
CASH - SAVINGS 1r526 , 151 . 58 612 _ 66 58 . 462 . 34 1 , 956 , 301 _ ° 0
TOTAL ir526 , 151 . 58 59r075 , 00 113 , 924 . 16 1 , 468 , 301 . 90
SFI - DRYDEN FIRE DISTRICT
CASH - n!{rCKxNG 000 61rr35 . 00 61 , 335 , 00 0 . 00
CASH - SAVINGS 459 , 417 . 87 182 . 97 oir335 , 00 438 ' 265r74
TOTAL 419 , 411 . 37 11 , 517 . 37 L22 , 370 . 00 438 , 251 , 74
S1.11 - VARNA LIGHTING DISTRICT
CASH - SAVINGS 5 , 426 . 77 2 . 5o 0 , 00 2 . 411 . 45
dcltbL 3 , 421 , 77 2 . 68 0 .. 00 6x4 .31 . 45
Page 1
MONTHLY REPORTOr SUPERVISOR
Balance Balance
03 / 31 / 2012 Increases Decreases 04 / 30 /2012
II SL2 - ETNA LICHTZNG DISTRICT
CASH - STiVINGS 5 . 587 . 72 1 . 92 0 - 00 5 , 569 . 54
TOTAL 4 , 581 . 12 1 . 92 0 . 00 4 , 569 . 64
SL3 - MEADOW/LEISURE LIC1tTING
CASH - SAVI ?1SS 4 , 098 , 91 i _ 7 ;1, 0 . 00 4 , 100 , 62
TOTAL 4 , 098 . 91 1 . 71 0 , 00 4 , 100 . 62
SM AMBULANCE DISTRICT
CASH - CHECKING 0 . 00 6 - 16 6 . 16 0 . 00
CASH - SAVINGS 351 , 133 . 09 145 - 5 ; 6 . 16 351 , 273 . 50
TOTAL 351 , 133 - 09 152 . 73 12 , 32 351 , 273 , 50
S$ 1 - SAPSUCKER SEWER - UNITS
CASH - CMEC'_CIbG 0 , 00 57 . 46 57 . 46 0 , 00
CASH - SAVIr GS 5 , 1106 - 14 1 , 676 , 88 57 . 46 59 , 627 . 56
TOTAL 58 , 006 . 14 1 , 1311 . 34 1114 . 92 59 . 627 . 56
S52 - VARNA SEWER - UNITS
CASH - CHECKING 0 . 00 17 , 353 . 19 17 , 353 . 19 0 . 00 III CASH - SAVINGS 198 , 891 , 68 6 , 401 . 34 11 , 353 . 19 187 , 939 . 63
TOTAL 198 , 891 - 68 23 , 754 . 53 39 , 106 . 38 187 , 939 . 63
553 - CORTLAND RD SEWER
CASH - CHECKING 0 . 00 156 . 70 116 . 70 0 . 00
CASH - SAVINGS 253 , 351 . 52 1 , 139 . 35 196 - 70 254 , 344 . 26
POSTAGE 20 . 04 50 . 00 0 - 00 70 - 04
TOTAL 253 , 57 ;1, . 66 1 , 336 . 06 293 . 40 259 , 414 . 32
SS4 - MONKEY RUN SEWER
CASH - CHECKING 4 . 00 11 , 941 _ 96 11 , 841 . 96 0 . 04
CASH - SAVIN ; 5 233 , 665 . 50 1 , 319 . 92 11 , 841 . 96 222 , 503 . 46
TOTAL 2333 , 065 , 50 13 • 221 . 88 23 , 683 , 92 222 , 603 . 96
555 - TURKEY HILL SEWER
CASH - CHECKING 0 - 00 50 , 692 . 95 60 , 692 . 95 0 , 00
CASH - SAVINGS 238 , 760 , 98 5 , 271 . 93 50 , 692 . 95 182 , 359 - 96
TOTAL 238 , 760 . 98 64 , 964 , 88 121 , 385 , 90 162 , 359 . 96
SS6 - PEREGRINE HOLLOW SEWER
CASH - CHECKIPC D . 00 1 , 030 . 63 1 , 030 . 63 0 . 00
aCASH - SAVINGS 97 , 380 . 64 589 , 97 1 , 030 . 63 94 , 639 . 90
TO'PiL 970380 . 64 1 , 520 . 60 2 , 061 . 25 96 , 639 - 98
SS7 - ROYAL ROAD SEWER
CASH - CHECKING 0 . 00 341 . 65 341 . 65 0 - 00
Page 2
MONTHLY REPORT OF SUPEI1VISCIR
Balance Balance
03 / 31 / 2012 Increases Decreases 04 / 30 /2012
110 CASH - SAVINGS 32 , 251 , 23 207 . 26 311 , 85 32 , 116 , 64
TOTAL 32 , 251 . 73 59 $ . 11 683 . 70 32 , 116 , 69
SW1 - VARNA WATER
CASH - CHEC:CrNG 0 . 00 15 , 807 . 46 15 , 807 . 46 0 , 00
CASH - SAVINGS 367 , 528 . 86 15 , 006 . .34 15 , 807 . 46 366 , '+ 28 . 32
TOTAL 367 , 528 . 86 30 , 814 . 42 61 , 614 , 96 366 , 728 . 32
SW2 - SNYDER HILL WATER
CASH - CHECKING 0 . 00 2 , 140 . 01 2 , 190 . 01 0 . 00
CASH - SAVINGS 81 , 10 ;1, _ 53 1 , 555 . 76 2 , 140 . 01 80 , 617 . 28
TOTAL 81401 . 53 3 , 795 . 77 4 , 260 . 02 90 , 617 . 28
SW3 - MONKEY RUN WATER
CASH - CHECKING 0 . 00 5 , 139 . 07 5 , 134 . 07 0 . 00
CASH - SAVINGS 249 , 161 . 63 3 , 801 . 42 5 , 134 . 07 297 , 828 . 98
TOTAL 249461 . 63 8 , 935 , 4 "s 10 , 260 _ 14 297 , 826 . 98
SW4 - HALL ROAD WATER
CASH - CHECKING 0 . 40 2 , 565 , 57 2 , 555 . 57 0 . 00
CAS :. - SAVINGS 30 , 268 , 99 1 , 822 , 61 2 , 565 . 57 29 , 525 , 93
ITOTAL 30 , 258 . 99 4 , 300 . 00 5 , 131 , 14 29 , 525 , 93
SW5 - TURKEY HULL WATER
CASH - CHFCKI1G 0 . 00 3167 . 20 3 , 667 . 20 0 , 00
CASH - SAVINGS 225 , 716 , + D 6 , 568 . 2 3 , 687 , 20 226 , 657 , 77
TOTAL 225 , 775 . 70 10 , 255 . 47 7 , 374 . 40 228 , 657 . 77
SW6 - ROYAL ROAD WATER
CASH - CHECKING 0 , 00 843 , 12 643 . 12 0 . 00
CASH - SAVINGS 48 , 669 , 68 411 . 91 643 . 12 48 , 232 . 97
TOTAL 98 , 65, 4 . 68 1 , 254 . 53 1 , 686 , 24 98 , 232 . 97
CD REHABILITATION LOANS AND GRANTS
CASH - CHECKING 1 '' 5 , 800 . 93 0 . 000 0 . 00 175 , 800 , 93
TOTAL 175 , 640 . 93 0 . 000 172 . 00 175 , P00 . 93
TA AGENCY FUND
CASH - TRUST s AGENCY 6 , 850 . 24 121 , 557 , 42 127 , 557 . 44 6 , 850 . 22
TOTAL 6 , 850 . 24 127 , 557 . 42 127 , 557 . 14 6 , 650 , 22
HB CORTLAND ROAD SEWER BAN
CASH - SAVIN]GS 25 , 796 . 65 0 , 00 0 , 00 24 , 796 . 65
TOTAL 24 , 79E . 63 0 , 00 0 , 00 29 . 798 . 65
Page 3
TOTAL AIL FUNDS 8 , 787 , 876 . 89 787 , . 55 . 51 1 , 064 , 267 . 57 8 , 510 , 964 . 83
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