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HomeMy WebLinkAbout2014-06-19TB 6-19-14 Page 1 of 15 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 TB 6-19-14 Page 2 of 15 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 TB 6-19-14 Page 3 of 15 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 TB 6-19-14 Page 4 of 15 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 TB 6-19-14 Page 5 of 15 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 TB 6-19-14 Page 6 of 15 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 TB 6-19-14 Page 7 of 15 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. TB 6-19-14 Page 8 of 15 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 TB 6-19-14 Page 9 of 15 “(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 TB 6-19-14 Page 10 of 15 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 TB 6-19-14 Page 11 of 15 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: TB 6-19-14 Page 12 of 15 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 TB 6-19-14 Page 13 of 15 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 TB 6-19-14 Page 14 of 15 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 TB 6-19-14 Page 15 of 15 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