HomeMy WebLinkAbout2014-06-19TB 6-19-14
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TOWN OF DRYDEN
TOWN BOARD MEETING
June 19, 2014
Present: Supervisor Mary Ann Sumner, Cl Gregory Sloan, Cl Joseph
Solomon, Cl Jason Leifer, Cl Linda Lavine
Elected Officials: Bambi L. Avery, Town Clerk
Other Town Staff: Mahlon R. Perkins, Esq.
Jane Nicholson, Director of Planning
Jennifer Jones, Director of Recreation
Supv Sumner opened the meeting at 7:00 p.m. and members and audience participated
in the pledge of allegiance.
The summer music series was reviewed. Information and band line-up is available on
the Recreation Department’s website.
PUBLIC HEARING
SPECIAL USE PERMIT FOR
AN ACTIVE RECREATION FACILITY AT
478 LOWER CREEK RD
PUBLIC HEARING
TO CONSIDER ADOPTION OF THE
MULTI-JURISDICTIONAL ALL-HAZARD MITIGATION PLAN UPDATE
FOR TOMPKINS COUNTY
Supv Sumner opened both public hearings at 7:03 p.m.
The board reviewed the sketch plan for 478 Lower Creek Road and did the SEQR review
last month. Tompkins County has responded with their General Municipal Law §239(l)(m) and
(n) review which states the project will have no negative intercommunity or county-wide
impact. There were no comments from the board or the public.
The board reviewed the special use permit checklist. The site is adjacent to other
similar uses and is compatible with commercial surroundings. No changes in parking are
proposed. Emergency access will not be hindered by this use. There will be no increase in
traffic, dust, noise, odors or any other nuisance. The Planning Department does not
recommend any special conditions.
There were no questions from the board or audience and the hearing was left open.
TOMPKINS COUNTY HAZARD MITIGATION PLAN
Supv Sumner said this plan is the result of a large effort of all municipalities in the
County to examine hazards and risks and what might be done to reduce those risks. Scott
Doyle of the County will come to the meeting next month to give a brief overview of the plan.
There were no questions or comments from the board or public and the hearing was left open.
PUBLIC HEARING
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LOCAL LAW ESTABLISHING TRAFFIC VIOLATIONS BUREAU
Supv Sumner opened the hearing at 7:10 and dispensed with reading of the public
notice. She explained the Village of Dryden had approached the town about establishing a
traffic violations bureau when they were reviewing their parking regulations. As it turns out,
only the court can establish a traffic violations bureau after a local law is passed. The Village
has presented several drafts from the Village Police Chief about how the violations will be
handled. The Police Chief and the justices will iron out the details. The proposal is that guilty
pleas and fines will be accepted by the Village.
J Schickel asked about details of a plan and whether there would be metered parking.
James Zimmer, Dryden Village Mayor, explained the intent is to expedite dealing with
parking tickets. Historically not a lot of tickets are issued. The Police Department and Fire
Department have determined there is a significant problem with parking on narrow village
streets and access by emergency vehicles is difficult at times. The Planning Board in the village
has addressed the width of streets in new subdivisions, but they need to consider how to make
the other streets accessible. The intent is to restrict parking on the streets that are narrow so
that emergency access is not impeded. The net effect is an increase in the number of parking
tickets in the village. There is no plan for parking meters in the village. They are trying to use a
multifaceted approach to deal with the movement of emergency vehicles in the village.
Chief Ryan said it would be in effect for parking violations in currently established local
laws, so this is another phase that could change the number of violations.
Supv Sumner closed the public hearing for 478 Lower Creek Road at 7:20 p.m. There
were no further comments from the public and the board considered a resolution to approve
the special use permit.
RESOLUTION #97 (2014) - APPROVAL OF SPECIAL USE PERMIT - 478 LOWER CREEK RD
Supv Sumner offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves the Special Use Permit application
of J.C. Leasing, LLC for an active recreation facility in a portion of the premises at 478 Lower
Creek Road, subject to Standard Conditions of Approval (August 2008).
2nd Cl Lavine
Roll Call Vote Cl Sloan Yes
Cl Solomon Yes
Supv Sumner Yes
Cl Lavine Yes
PUBLIC HEARING
PUBLIC INTEREST ORDER
SCLIWC
Supv Sumner opened the public hearing at 7:21 p.m. and dispensed with reading of the
public notice. She explained that Bolton Point is planning a transmission main upgrade under
Route 13. It is a good project because the Village of Lansing also needed a transmission main
and rather than put two new mains in (an 18” one for Bolton Point and an 8” one for the
Village) they can use one. Bolton Point will only need it in an emergency if the East Hill tank is
down. Village of Lansing needs it all the time, but if they install an 18” main, the Village can
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use it all the time and Bolton Point can still use it when necessary. This saves both entities a
lot of money. There were no questions from the board.
David Bravo-Cullen asked how this impacts the Town of Dryden. Supv Sumner
explained that all the Town’s water districts (except Yellow Barn) presently use Bolton Point
water. Bolton Point is paying for it out of reserve funding. The total project is $388,000.
Dryden’s share is $8,712.40 and will be attributed to the districts as follows:
Varna (SWI) $4,791.82
Snyder Hill (SW2) 348.50
Monkey Run (SW3) 1,393.98
Hall Road (SW4) 784.12
Turkey Hill (SW5) 1,132.61
Royal Road (SW6) 261.37
TOWN CLERK
RESOLUTION #98 (2014) – APPROVE MINUTES
Supv Sumner offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves the minutes of May 8, May 15, and
May 29, 2014.
2nd Cl Sloan
Roll Call Vote Cl Sloan Yes
Cl Solomon Yes
Supv Sumner Yes
Cl Lavine Yes
B Avery asked the board for approval to sell E-Z Pass at her office. This is a service that
may bring people in to Town Hall who may then learn more about what the town has to offer.
RESOLUTION #99 (2014) – AUTHORIZE SALE OF E-Z PASS
Cl Lavine offered the following resolution and asked for its adoption:
WHEREAS, the Town Clerk has presented the Town Board with an opportunity to offer
the retail sale of E-Z Pass tags through the New York State Thruway Authority; and
WHEREAS, the Town will receive $4.00 from each sale of a $25.00 E-Z Pass tag; now,
therefore, be it
RESOLVED, that the Town Board of the Town of Dryden hereby authorizes the Town
Clerk to complete and execute the Sales Program Application to sell E-Z Pass tags in the Town
Clerk’s office.
2nd Cl Sloan
Roll Call Vote Cl Sloan Yes
Cl Solomon Yes
Supv Sumner Yes
Cl Lavine Yes
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HIGHWAY/DPW DEPARTMENT
In March the town board discussed new equipment for the DPW and approved the
purchase of a tractor, skid steer and excavator. They would like to now purchase a 10 wheel
dump truck. They now only have one spare 10-wheeler. The estimate for the truck without
the plow is $130,000, partly because of piggybacking on another municipality’s order. Supv
Sumner said the town has a policy in place that says any surplus from the prior fiscal year will
be deposited to the highway equipment reserve fund and any budget shortage will be
appropriated from the highway reserve fund. Supv Sumner said the 2013 surplus in the
highway department budget was $80,741. With the $57,000 in the budget, we still need
$73,000 and we can appropriate that from the unexpended fund balance and still have $7,000
left over for reserves.
RESOLUTION #100 (2014) – APPROPRIATE $73,000 FROM 2013 HIGHWAY SURPLUS
Supv Sumner offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby appropriates the sum of $73,000 from 2013
unexpended highway funds, and authorizes the purchase of a 2015 CAT CT681ten-wheeler
dump truck.
2nd Cl Solomon
Roll Call Vote Cl Sloan Yes
Cl Solomon Yes
Supv Sumner Yes
Cl Lavine Yes
Deputy DPW Superintendent Rick Case said they are out everyday clearing ditches,
trimming trees, re-establishing rights of way and preparing to pave. The County just rebuilt
the bridge on Johnson Street. The County owns the bridge, but the Town is responsible for the
surface and they are preparing that Monday. They expect to have that paved by the end of the
week. There are other paving projects also and they are working with the Village of Freeville to
pave the village portion of Johnson Road.
There were no further questions or comments on the proposed local law, and Supv
Sumner closed that public hearing at 7:35 p.m.
RESOLUTION #101 (2014) – ADOPT LOCAL LAW #2 OF 2014
ESTABLISHING A TRAFFIC VIOLATIONS BUREAU
Cl Solomon offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby adopts the following local law and directs the
Town Clerk to file the same with the Secretary of State of the State of New York:
1. This Local Law is adopted pursuant to authority given towns under of Municipal Home
Rule Law Section 10(1)(i) and General Municipal Law 370 which permit a town to
authorize the town justice court to establish a traffic violations bureau to assist the
court in the disposition of certain infractions in relation to traffic violations.
2. The Town of Dryden Justice Court is hereby authorized to establish a traffic violations
bureau as herein provided.
3. The traffic violations bureau is limited to the disposition of Village of Dryden parking
tickets, to which the alleged violator pleads guilty. All fines assessed for a parking
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violation of a Village of Dryden ordinance or local law shall inure to the Village of
Dryden. All non-guilty pleas shall be subject to adjudication and disposition in the
Court.
4. The town justices are authorized to make arrangements with any public officer
designated by them as may be necessary, convenient or prudent to administer such
bureau including accepting pleas of guilty, collecting fines designated by the Court for
pleas of guilty to such tickets, issuing receipts for such fines collected, accounting, at
least monthly, for monies received, and the payment to the village treasurer, at least
monthly, all such monies received.
5. The town justices are further authorized to do any and all acts, and take any and all
steps necessary, convenient or prudent to implement the traffic violations bureau,
provided such acts and steps are consistent with this local law and General Municipal
Law Article 14-B.
6. The town justices may designate the fines to be paid for parking tickets for those
violators pleading guilty which fines may be satisfied at the bureau, provided such fines
are within the limits established as penalties for such offenses.
7. This local law shall take effect upon filing by the Secretary of State.
2nd Cl Lavine
Roll Call Vote Cl Sloan Yes
Cl Solomon Yes
Supv Sumner Yes
Cl Lavine Yes
Cl Leifer arrived at 7:38 p.m.
Supv Sumner said at the end of last month there was a great public meeting about the
police operations study. There were 50 people in attendance and a lot of information about
police department functions. There is a link on the Village of Dryden’s website. Supv Sumner
thanked the police chief and officers for the great work they did on Dairy Day.
Supv Sumner closed the public hearing on the Bolton Point Public Interest Order at
7:40 p.m. A motion was made to adopt the public interest order, and then tabled because
there had been no SEQR review. They will take action next month.
CITIZENS PRIVILEGE
Craig Schutt, member of the Conservation Board and liaison to the Ag Committee, said
some issues came up at an Ag Committee meeting. It came to their attention that the Planning
Board had had a lot of discussion on agriculture, and in his opinion went off the rails on
regulation and having the right to regulate. New York State Agriculture & Markets Law
restricts what a town can do. One issue was old farm machinery sitting at farms and being
able to regulate that and make farmers do away with it. During his time with Soil & Water he
was involved in two cases on this subject and Ag & Markets prevailed. It will be that way on a
lot of these issues if the town pursues it. He asked that the Town Board read the minutes of
the May meeting. He found some of the comments offensive. Good water and good soil is the
most important part of a farming business and to insinuate otherwise is not realistic. There is
a lot of misinformation about agriculture that needs to be addressed. Please read the minutes
and let the public know if it believes in the way the Planning Board is going. The Town Board
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makes the final decision on any regulations or laws. That is not up to the individual boards.
As a resident he would like to know where the Town Board stands on these issues.
Supv Sumner said she believes the objectionable comments came from two Planning
Board members, not the entire board. She encouraged town board members to read those
minutes.
Evan Carpenter, Chair of the Agricultural Advisory Committee, said he apologizes and
believes it is the Ag Advisory Committee’s job to inform the Town Board as well as the other
boards as to how ag relates to other activities in the town. They haven’t been doing a good job
if other boards don’t know what standard operating procedure is for most of the farmers. The
Ag Advisory Committee needs to get some positive requests from other boards regarding issues
before it becomes controversial. It should not be one board against another board fighting
amongst themselves. The Ag Committee isn’t out against any specific board and hopes there
isn’t a board out against the farmers.
Margaret Ryan, Chief of the Village Police, presented forms from the County’s Spillman
Cad system used for records management. She explained that the system contains a wealth of
information accessible to emergency responders to assist them in the field. They are finding
that the information they have for emergency contacts is incorrect or doesn’t exist. The
information gathered from the forms will help them update their information with emergency
contacts for businesses, elderly, etc. There are also forms for the Village Police Department
where they have emergency contacts for more businesses than residences, but it also applies to
elderly or disabled. She asked town staff to help gather information for new businesses.
PLANNING DEPARTMENT REPORT
Jane Nicholson said the county is currently working on their comprehensive plan
update. They have engaged municipalities to start to talk about what would be in the next
plan. Their plan was adopted in 2004 and amended in 2008 and they are now doing a full
rewrite. The difference between a town plan and a county plan is county doesn’t have land use
authority so they are looking at big picture ideas and principles. It is different than what a
town comp plan would like. They address jobs, housing, transportation, environment and how
it is connected throughout the county. They have come up with a draft list of overarching
principles and will be presenting those to the public. (Handouts were provided for the
audience.) They are looking at themes and how the municipalities are connected together. The
next step is to develop action items. There will be a series of presentations scheduled where
they will be looking for input on the principles. The plan will be drafted and presented to the
public in the fall. J Nicholson is encouraging them to come to Dryden for input and to present
to the public here. She asked that everyone take a look at the 2004 plan, which is on the
county website.
Supv Sumner likes the principles and procedures that guide them. She would like to
work with our Planning Board to do that.
SUPERVISOR REPORT
Supv Sumner reported that on June 3 she was in Albany at the Court of Appeals
hearing on the Norse v. Town of Dryden (trustee of Norse bankruptcy is now the plaintiff).
There were no surprises. The briefs were very similar and the judges’ questions were similar to
the Appellate Division. They don’t anticipate a decision by end of summer and don’t anticipate
a surprise in the decision.
Jennifer Jones, the town’s new Recreation Director, was introduced. She previously
worked as recreation director in the Village of Groton and as athletic coordinator at Groton
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schools. J Jones said she is excited to be here. The park project and being in a larger
municipality is exciting. She is learning about the town’s plans and master plan and looking
forward to meeting and working with everyone and getting to know the town.
J Nicholson and Supv Sumner have been working on the building permit fee schedule
and are hoping to have a proposal in July for introduction and schedule an August hearing.
The difficulty has been trying to be sure the proposed fees are grounded in the actual cost of
processing the permit. There is such diversity that it is difficult to do.
TCCOG is continuing to work on a municipal cooperation inventory in connection with
the Governor’s tax freeze plan.
The Dryden Historical Society is holding an antique sale June 28 and 29.
The Dryden Farmers Market opens this Saturday at Agway.
Supv Sumner met with NYSEG about the gas main proposed from Freeville to Warren
Road along West Dryden road. In response to two new residential developments in Lansing,
NYSEG is updating their capacity to deliver gas to Lansing. They propose a 10” stainless steel
main under the shoulder of the road. There will be more information and a public hearing.
She said NYSEG is very close to its capacity.
COUNTY BRIEFING
Mike Lane thanked Jane Nicholson for the report on County Planning. There was a
nice article by Ed Marx in The Ithaca Journal a couple of days ago on the editorial page.
M Lane said Tompkins County has some of the most archaic tax collection laws in the
State of New York. Collection is mandated by state statute and we can’t change the way we do
that. School districts can send out bills and people pay to the district. Villages also can do
that. Counties and towns are different. The tax bill goes out in January (for both the town and
county tax) from town, after having been prepared by the county. For several months (until
March 31), towns collect the money. The town gets paid its warrant first, and then the monies
go toward the county tax warrant. At the end of three months, the collectors take their records
to county finance and reconcile and settle up. The county collects for the rest of the year.
When village or school taxes are not paid by people, the county is required to buy the unpaids
from the schools and villages. The county has to maintain a larger fund balance in order to do
this. There is some method in that because it is easiest for the county to do tax foreclosure
actions. The county eventually gets its money that was advanced (with penalties). This causes
a cash flow problem. The good news for property owners is that Tompkins County tries not to
have to foreclose on properties with unpaid taxes. There are only 13 properties subject to
foreclosure in the county this year. There are 4 in Dryden.
The tax collection system is costly and he would like to get together and see if we can
get state legislation to do something less complicated. He believes that centralized collection
makes a lot of sense and would be cost efficient.
The county is still in labor negotiations with its white and blue collar units. TCCOG is
inventorying shared services. They are looking to see if they can get assistance in consulting
possibly from CARDI. The 911 center has had some changes and is moving toward the
possibility of an accredited E911 center. Supv Sumner said she has had interaction with the
911 center through the fire departments and there is a treasure trove of information there.
Hopefully in September the county will be doing supervisory training.
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Cayuga Power Plant is commencing negotiations with the County for a PILOT
agreement. M Lane said it is a hard thing to value, so it will be under negotiations. Originally
they thought it would be mothballed, now is operating for another 3 years because it is needed
in peak periods. It is still there and still employing people.
Natural gas distribution is an issue to businesses. He is aware of at least one
agricultural business that did not end up in Tompkins County for lack of natural gas
availability. It would have employed 50-60 people.
A group met last Friday with NYSEG and their real estate agents and toured the
building on Dryden Road. They are trying to lease it. They’d like to lease it a floor at a time. It
is marketable and very large. It has a commercial kitchen, a cafeteria and a 400 seat
auditorium. If we can get businesses in there, it would help Dryden grow. There used to be
4,000 employees there and now there are 168.
NEW BUSINESS
TC3 Special Use Permit Application
TC3 would like to convert an existing building to classroom and office space. James
Turner of TC3 presented a map. The existing red barn will be part of an organic farm (fruits
and vegetables) that ties in with a program starting up this fall. In the future they will upgrade
and add a greenhouse, 3 hoop houses on rail systems, a house for the farm manager and
anticipating a need for irrigation in the future, will put in a pond to collect runoff and reuse the
water. An existing well will be used. The old house on the property will be demolished by the
end of the year. They have plowed and are growing crops and just did their first CSA. There
will be an area reserved for a solar system for operation of the farm. They are estimating it will
be completely off the grid. Right now they are applying for a Special Use Permit to be able to
use the barn as classroom space. They will be back for building permits for other projects in
the future.
The board reviewed the sketch plan, keeping in mind they are only discussing the barn
at this point. There will be no change in the footprint.
This is a Type II action and would normally be exempt, but our zoning requires SEQR
for all special use permits. Board reviewed Part I and completed Part II.
RESOLUTION #102 (2014) – NEG SEQR DEC – TC3 FARM SPECIAL USE PERMIT
– 170 NORTH STREET
Cl Leifer offered the following resolution and asked for its adoption:
WHEREAS,
A. The proposed action involves consideration of the application of Tompkins
Cortland Community College to convert an existing barn to classroom space at 170 North
Street, Dryden.
B. The proposed action is an Unlisted Action for which the Town Board of the Town
of Dryden is the lead agency for the purposes of uncoordinated environmental review in
connection with approval by the Town.
C. The Town Board of the Town of Dryden, in performing the lead agency function
for its independent and uncoordinated environmental review in accordance with Article 8 of the
New York State Environmental Conservation Law – the State Environmental Quality Review Act
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“(SEQR), (i) thoroughly reviewed the Long Environmental Assessment Form (the “Long 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 Long 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
Long EAF, Part I, 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 Long 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 Long EAF and
determination of significance shall be incorporated by reference in this Resolution.
2nd Cl Solomon
Roll Call Vote Cl Sloan Yes
Cl Solomon Yes
Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
RESOLUTION #103 (2014) – WAIVE SITE PLAN REVIEW –
TC3 FARM – 170 NORTH STREET
Supv Sumner offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby finds the sketch plan sufficient in connection
with the application of Tompkins Cortland Community College to convert an existing barn to
classroom space at 170 North Street, and hereby waives further site plan review.
2nd Cl Sloan
Roll Call Vote Cl Sloan Yes
Cl Solomon Yes
Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
The board scheduled a public hearing on the special use permit for July 17, 2014 at
7:00 p.m.
Jane Nicholson reported that she received a call from Nextera Energy who is doing the
solar project at TC3. They reported that a farm in California will be doing co-use growing
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blueberries under their solar panels. This was very much inspired by conversations with our
Ag Committee.
INCODEMA 3D
SPECIAL USE PERMIT
330 MAIN STREET
Supv Sumner said the town is happy that Incodema 3D has announced its intent to
operate its business in the old Werninck’s building on Route 366. They have applied for a
Special Use Permit. Zoning was amended to mixed use and light industrial to make this
project possible. She read the following from a memo June 12 memo from the Planning
Department:
INCODEMA 3D is a high-tech 3D printing business that uses state-of-the-art machinery. This
technology allows engineers to use the internet and computer design programs to develop a product and
“print” the design to produce plastic, metal prototypes and end-use parts. The metals industry is
continuing to emerge. The “leading” company currently has 7 machines. INCODEMA 3D plans to
acquire 50 metal machines and over 50 plastic machines, allowing the company to be the leader in 3D
printing. It is expected to grow from 3-5 employees to 10-20, ultimately creating 5-10 new high tech jobs
locally. The company is the first Startup New York business, and will be recognized nationally and
internationally.
Present on behalf of Incodema3D were Sean Whittaker and Rick Page. Incodema has
been in Ithaca for 15 years. They are a prototype manufacturer for mainly sheet metal
components. They expanded two years ago into the 3D printing industry. They are more
focused on metal working, primarily the aerospace industry. They have gone into the Startup
New York program as an expanding company. They already have ten employees in the
operation and will expand from that. They have operations in Syracuse and Ithaca, with 5
machines in each of those facilities that they want to relocate to the old Werninck’s facility.
They are planning to ultimately bring 100 machines to that operation. They are primarily
aerospace, so it is very high-tech high-level work. 3D printing is virtually silent in its
operation. There will be support equipment attached, but the numbers are kind of generic at
this point. Their application calls for expanding to up to 50 employees in a five-year term with
a capital expenditure of almost $50 million. They are working with Cornell in their creative lab.
They are printing in unique materials such as titanium, inconel, aluminum alloys and stainless
steels. With the base of Incodema’s business, they feel this is a great opportunity for
expansion and have seen triple growth in their first six months of operation with the 3D.
The employee base will be a mix of engineers, for the most part fairly high tech. They
will need finishing operations, so there is some machining that will happen. It will be a
virtually silent environment and will all be enclosed. They will completely fence the property
for security purposes. The company has had great job growth and has a great track record.
Locally Incodema employees 250 employees in Ithaca, Syracuse, Rochester and Binghamton,
and this will be their fifth location.
With 3D printing they can create objects that are very difficult to create. It is essentially
done in a layer by layer process. Their customer base currently includes NASA, Boeing,
SpaceEx, Orbital, and Rocketdyne. They are focused now on aerospace, and next perhaps will
have medical application. They are working with the Materials Science Department at Cornell.
The power of Cornell and their relationship with Cornell is important. They are hoping to also
tie in with TC3.
Jacques Schickel asked about off gassing and what systems were in place? He was told
there are no hazardous materials and all machines are self contained. They use argon and
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nitrogen in the process and it is an open environment. There are no codes, regulations or
parameters. The machines are basically office equipment. There is virtually nothing to be
concerned about.
Cl Sloan said fencing will be a concern. Mr. Whittaker said there will be argon and
nitrogen silos on the exterior of building. The location of silos will be aesthetically placed. The
property needs to also be secure because of the clients they serve. A resident of the area asked
about the location of the silos and was told they are considering that. It was stated again that
there are no harmful gasses
David Bravo-Cullen said the building appears to be taking maximum use of site and
expanding may be problematic. He was told the building is actually on 25 acres.
The board scheduled a public hearing for this special use permit application for July
17, 2014 at 7:15 p.m.
LI-LO-LA
SPECIAL USE PERMIT
84 SWEETLAND ROAD
Supv Sumner said the board has received a special use permit application for a retreat
conference center, a home occupation class II. J Nicolson said applicant, Tami Tabone, would
like to convert garage space to a studio for yoga, meditation, discussions, and lectures. That is
a home occupation level I. She would like to use the outdoor space for spiritual concerts and
that makes it home occupation level II because it extends outside the house. The Planning
Department has gone over this in a lot of detail and considered all the possibilities and
outcomes of this potential use. She is recommending that the board look at this and weigh the
options and potential outcomes of the uses of the outdoor space. The board can look at it in
two different parts and put conditions on those parts.
Applicant Tami Tabone said the garage has a studio above it and her neighbors have
been asked if they could hear anything from the studio and they could not. She will make a
few renovations and it will not be used in winter because it is not heated. She is planning to
use it for yoga, meditation, stretching, and similar sessions. She has instructors who are
interested. The outside deck could be used for sessions, lectures, and anything related to
spiritual wellness. The deck would be a perfect spot for a stage if events are hosted. It would
be spiritual bands and very low key. They may also sing ancient prayers. Those events would
not go past 9 p.m. She is thinking of having vendors offering massage and health related goods
and services during concerts. The concerts would be one or two weekends a month during the
summer months. There would probably no more than 20 people per class in studio. Parking
would be provided along her long driveway or on the front lawn. A neighbor may let them use
the field across street in the future for parking if necessary. There would be no physical
change to the property.
The board scheduled a public hearing for July 17 at 7:45 p.m.
Supv Sumner reported the Dryden Youth and Recreation Commission has
recommended Richard Ryan and Katherin Gehring to fill vacancies on the Commission.
RESOLUTION #104 (2014) – APPOINT DRYC MEMBERS
Supv Sumner offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby appoints the following individuals to fill
existing vacancies on the Dryden Recreation & Youth Commission:
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Richard Ryan, for a term to expire December 31, 2015
Kathrin Gehring, for a term to expire December 31, 2016
2nd Cl Solomon
Roll Call Vote Cl Sloan Yes
Cl Solomon Yes
Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
Supv Sumner reported that Jennifer Jones in her previous position had printing done
through BOCES at a small fraction of what commercial printing would otherwise cost, and has
presented an agreement required by BOCES in order for us to use them for printing.
RESOLUTION #105 (2014) – APPROVE AGREEMENT WITH BOCES FOR PRINTING
Supv Sumner offered the following resolution and asked for its adoption:
WHEREAS, the TST BOCES Print Shop Service is a plan of a number of public school
districts in the Tompkins-Seneca Tioga BOCES area of New York to jointly provide duplicating
services through a centralized facility, and
WHEREAS, the Town of Dryden is desirous of participating with other governmental
entities in the Tompkins-Seneca Tioga BOCES area in the Service mentioned above as
authorized by General Municipal Law, Section 119-o, and
BE IT RESOLVED, that the Town of Dryden hereby appoints the Tompkins-Seneca-
Tioga BOCES Print Shop Service to represent it in all matters relating above, and
BE IT FURTHER RESOLVED, that the Town of Dryden agrees to (1) assume its share of
the costs for duplicating services; (2) and abide by majority decisions of the participating
members.
2nd Cl Lavine
Roll Call Vote Cl Sloan Yes
Cl Solomon Yes
Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
Supv Sumner reported the Town and Village of Dryden had reached an agreement for
code enforcement services defining tasks and optional services more specifically. The cost is
the same as last year, $24,000.00.
RESOLUTION #106 (2014) – APPROVE CODE ENFORCEMENT AGREEMENT
WITH VILLAGE OF DRYDEN
Cl Sloan offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves an agreement to provide code
enforcement services to the Village of Dryden at a cost of $24,000.00 per year, and the
Supervisor is hereby authorized to execute the same.
2nd Cl Leifer
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Roll Call Vote Cl Sloan Yes
Cl Solomon Yes
Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
Supv Sumner said she and the Mayor have had lengthy discussions regarding the Keith
Lane well development. The Village is considering funding for draw down testing of the existing
well. It is quite expensive and they would like some assurance that if they make the
investment, they will be able to work with the town in developing the well. She further
explained that in 2010 the town invested $30,000 to complete the aquifer and develop a
possible municipal water supply. The village is looking at four options for a water supply and
distribution in the village. They hope to have the data by end of summer.
Dog control kennel and officer – Supv Sumner explained the existing agreements expire
at end of this month. We have received two proposals for the kennel lease and three
applications for dog control officer. Supv Sumner feels we are short of information on this, and
perhaps interviewing the kennel owners and at least two of the DCO applicants would be
helpful. She introduced Rich Leonard and Chris Bieber (applicants). She asked for a lead
person to collect questions and schedule interviews. Cl Lavine and Cl Leifer will schedule the
interviews and make a recommendation at the agenda meeting in July for action at the July
business meeting. The board agreed to extend the existing contract for thirty days. They will
have interviews scheduled by Monday.
RESOLUTION #107 (2014) – EXTEND EXISTING DOG CONTROL CONTRACTS
Cl Solomon offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby extends the existing contracts for shelter
services and dog control under the same terms and conditions until July 31, 2014.
2nd Cl Sloan
Roll Call Vote Cl Sloan Yes
Cl Solomon Yes
Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
Budget modifications – Supv Sumner said it is necessary to appropriate $82,131 from
fund balance because the funds paid to Sherman were not encumbered from the 2013 budget.
It should have been paid in December, was paid in January, and this is a necessary accounting
detail. There is a need for a budget mod from Supervisor contractual to training for $100.00.
A modification is needed in Water District 4 because the contractual line is a little over budget
already.
RESOLUTION #108 (2014) – AUTHORIZE BUDGET MODIFICATIONS
Cl Solomon offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby authorizes the following budget modifications:
From Acct To Acct Amount
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A599 Fund Balance A8790.404 FPIG Grants 82,131.00
SW4-8340.2 Capital Improvements SW4-8340.4 Trans/Distr Contractual 400.00
A1220.450 Supv Contractual Misc A1220.455 Supv Training/College 100.00
2nd Cl Sloan
Roll Call Vote Cl Sloan Yes
Cl Solomon Yes
Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
Supv Sumner asked the board to authorize the voucher for payment to Atty Perkins
that was left out of the Abstract last week. Cl Lavine said she had asked Jen for a summary of
charges to date. She is concerned about unanticipated expenses. Supv Sumner said if a
billable project is anticipated to take more than an hour he will ask for authorization, and Supv
Sumner has authorized all expenses. Cl Lavine is concerned with the amount billed for the
traffic violations local law. A lot of hours were spent figuring out what the law was. For several
years she has said we needed to have better control on legal bills outside of what is
contractually agreed upon and a better understanding of what is contractually agreed upon.
Supv Sumner said the expense has been incurred and we should pay the bill, and we can
discuss future procedures, but none of the itemized expenses are debatable.
RESOLUTION #109 (2014) – AUTHORIZE PAYMENT OUTSIDE OF ABSTRACT
Supv Sumner offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves payment outside the abstract to
Mahlon R. Perkins for services rendered in the amount of $5,375.00.
2nd Cl Leifer
Roll Call Vote Cl Sloan No
Cl Solomon Yes
Supv Sumner Yes
Cl Leifer No
Cl Lavine No
On motion duly made, seconded and unanimously carried, the board moved to recess at
9:25 p.m. Board reconvened at 9:38 p.m.
Cl Lavine said that Atty Perkins has agreed to cut the bill for work on the local law in
half, not because he didn’t do the work, because perhaps the Village should have paid for this.
She said it is gracious of him to do this and she will fully support paying half of the charge for
the traffic violations. Cl Sloan said perhaps the board should pay the whole bill and be done
with it. This is a procedural issue. Cl Lavine said it is very gracious of Atty Perkins to do this
and she thinks there was a lot of misunderstanding, and she wishes the Supervisor had
brought it to the board, and they had asked the Village to pay its fair share. On behalf of the
taxpayers of the town, the board should accept this gracious offer. Atty Perkins said he is
happy to do it this one time.
RESOLUTION #110 (2014) – AUTHORIZE PAYMENT OUTSIDE OF ABSTRACT
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Supv Sumner offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves payment outside the abstract to
Mahlon R. Perkins for services rendered in the amount of $4,625.00.
2nd Cl Leifer
Roll Call Vote Cl Sloan Yes
Cl Solomon Yes
Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
Cl Leifer will give an update on the Timewarner/Comcast matter at the next agenda
meeting.
Yellow Barn Water District – Supv Sumner said the referendum period expires June 30.
The board will take action on this matter on the agenda meeting on July 10 authorizing that
the application to exceed the threshold be sent to the State Comptroller’s Office.
There being no further business, on motion made, seconded and unanimously carried,
the meeting was adjourned at 9:45 p.m.
Respectfully submitted,
Bambi L. Avery
Town Clerk