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HomeMy WebLinkAbout2014-07-17TB 7-17-14 D R A F T Page 1 of 16 TOWN OF DRYDEN TOWN BOARD MEETING July 17, 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, Town Attorney Jane Nicholson, Director of Planning Supv Sumner opened the meeting at 7:05 p.m. and board members and guests participated in the pledge of allegiance. PUBLIC HEARING SPECIAL USE PERMIT APPLICATION TC3 FARM BUILDING CONVERSION 80 NORTH STREET Supv Sumner opened the public hearing at 7:07 p.m. and dispensed with reading of the public notice. James Turner said the applicant is progressing with the design and have had someone out recently to assist with mapping out the wetlands. Supv Sumner said the board has reviewed the application. They are converting an existing barn to offices and classrooms. Last month the board conducted the State Environmental Quality Review, though it was not required. The town has received a report from County Planning in response to its request under GML §239(l)(m) and (n). They have determined there are no negative inter-community or county-wide impacts. There were no questions from the board or the public and the board reviewed the Special Use Permit requirements. The board finds the proposed use is compatible with permitted uses in the district and uses of neighboring properties. It is an agricultural use and adjacent to Lew-Lin Farms. Parking is adequate, including access for emergency vehicles. The overall impact on the site is minimal and was covered in SEQR. The board does not plan to impose special conditions and will approve with the standard conditions of approval of August 2008. The sketch plan was found plan to be compliant. The hearing was left open at 7:12 p.m. PUBLIC HEARING CONSIDERATION OF ADOPTION OF HAZARD MITIGATION PLAN Supv Sumner opened the hearing at 7:14 p.m. PUBLIC HEARING SPECIAL USE PERMIT APPLICATION INCODEMA 3D 330 MAIN STREET (FREEVILLE) Supv Sumner opened the public hearing at 7: 15 p.m. and dispensed with reading of public notice. She explained that this is an application for a proposed manufacturing company TB 7-17-14 D R A F T Page 2 of 16 at 330 Main Street and renovations to accommodate the manufacturing process. Applicant said there is no additional information from the last presentation to the board. The town has received a revised SEQR form from applicant. Questions and comments: How many employees will the applicant have? Expected to start with three to five and increase to ten or twenty. This is a “tax free” operation? Under the StartUp New York plan the company and its employees are sales tax and state income tax exempt, but the property remains on the tax rolls. Will the public be allowed to see the facility? Because of the nature of the business there is a lot of secrecy. They will be able to bring some visitors, if they are citizens, in for a limited tour. When will the town see a benefit? They are not exempt from property tax. The Town, County and School will continue to collect property tax. Supv Sumner said you can read about the StartUp New York plan online, but if the property is already on the tax rolls, it remains on the tax rolls. Since the program is affiliated with universities, if the property is already tax exempt by virtue of its affiliation with the university, then it remains tax exempt. Why is a special use permit required? Applicant must apply for a special use permit for a manufacturing use in that zone. SEQR review – Board reviewed Part I of the SEQR form. There is no ground disturbance or stormwater runoff because the footprint of building will not change. On page 6 - the only on site air emissions will be vehicles. There is no generation of methane and no air pollutants. There is a new demand for energy. Applicant needs 2500 amps but will start with 1200 amps. NYSEG will have to change their source to the Etna substation. Outdoor lighting will conform with the town’s lighting regulations. There is an existing tank for propane for heat. Solid waste will be less than a ton per year and will be sold to scrap yards. With the approval of the applicant the answer to E(1) was changed to residential and commercial for adjoining uses. There are no changes in land use or cover types. (v) at the top of page 11 is “no”. The board completed Part II of the SEQR. There will be no physical alteration of the land on the site. No impact on geographic features or surface water or ground water or flooding. No impact on air, or plants and animals, ag resources, or aesthetic resources. The proposed action is remodeling the building, so does not affect anything. A small energy impact may occur because of changing to a new substation. There will be increased electrical transmission as a result of industrial use to 2500 megawatts. They are heating and cooling half of the building. It will actually be heated less than when used as a warehouse. There is no impact on human health. The action is consistent with adopted land use plans and community character. There was discussion about the 8’ chain link fence applicant intends to install. It is similar to what the airport does. There was a suggestion to plant vines to climb the fence. Fencing must satisfy requirements for security for the federal government. Coated fencing would be less visible than the galvanized. There will be some landscaping in front of the fencing. TB 7-17-14 D R A F T Page 3 of 16 Supv Sumner closed the public hearing on the TC3 building conversion at 7:40 p.m. and the board passed the following resolution. RESOLUTION #113 (2014) – APPROVE TC3 SPECIAL USE PERMIT 80 NORTH STREET Cl Solomon offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the special use permit of Tompkins Cortland Community College to convert an existing barn to classroom space at 80 North Street, subject to the Standard Conditions of Approval (8-2008). 2nd Cl Leifer Roll Call Vote Cl Sloan Yes Cl Solomon Yes Supv Sumner Yes Cl Leifer Yes Cl Lavine Yes The board completed its review of the SEQR for Incodema3D. Fencing will be considered in site plan review. Applicant does not want to draw attention to site, but they do have a beautification plan and will improve the site. It was suggested that perhaps the fence be between the building and the parking lot. Applicant plans to fence the entire building. In Part E, the board changed the response to small or no impact and it will be mitigated by landscaping. Applicant agreed. RESOLUTION #114 (2014) – NEG SEQR DEC – INCODEMA3D SPECIAL USE PERMIT – 330 MAIN STREET FREEVILLE Cl Leifer offered the following resolution and asked for its adoption: WHEREAS, A. The proposed action involves consideration of the application of Incodema3D for a special use permit to operate a manufacturing company at 330 Main Street, Freeville. B. The proposed action is an Unlisted Action for which the Town Board of the Town of Dryden is the lead agency for the purposes of uncoordinated environmental review in connection with approval by the Town. C. The Town Board of the Town of Dryden, in performing the lead agency function for its independent and uncoordinated environmental review in accordance with Article 8 of the New York State Environmental Conservation Law – the State Environmental Quality Review Act “(SEQR), (i) thoroughly reviewed the 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) comple ted the Long EAF, Part II; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: TB 7-17-14 D R A F T Page 4 of 16 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 the 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 Supv Sumner reported that the letter from County Planning finds no negative inter- community or county-wide impacts. Site Plan Review – Incodema3D The board is required to determine whether the performance of the site plan satisfies the board as presented. There is no change in the footprint. The Planning Department recommends waiving full site plan review. The board should consider the fence for fire safety and access and aesthetics. RESOLUTION #115 (2014) – WAIVE FULL SITE PLAN REVIEW – INCODEMA3D Supv Sumner offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby waives the requirement for full site plan review for Incodema3D. 2nd Cl Leifer Roll Call Vote Cl Sloan Yes Cl Solomon Yes Supv Sumner Yes Cl Leifer Yes Cl Lavine Yes Supv Sumner noted that the most significant change is the fencing. The argon storage tank will be below the roof line of the building and within the fenced area. It is 15 to 18 feet tall and 6 feet in diameter and will be as inconspicuous as possible. There is a concern that the landscaping be in keeping with the community character. Any signage must comply with the Town’s ordinance. It will likely be on the building or on existing sign posts in the yard. TB 7-17-14 D R A F T Page 5 of 16 RESOLUTION #116 (2014) – ACCEPT SKETCH PLAN AS FINAL SITE PLAN INCODEMA 3D Cl Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby accepts the Sketch Plan as the final site plan for the Incodema3D project. 2nd Cl Sloan Roll Call Vote Cl Sloan Yes Cl Solomon Yes Supv Sumner Yes Cl Leifer Yes Cl Lavine Yes The board discussed special conditions for the Incodema3D special use permit. It will be the only industrial use in the neighborhood, but it is allowed. Compatibility with adjoining properties is not a big change from what exists except for the fencing. The idea of the landscaping is not to entirely screen the building or the fence but to soften the appearance. The board can require that a landscape plan be submitted to the Planning Department. J Crawford said that Stinky’s business, very near the site, processes a lot of dirt and gravel, and perhaps berms could be used for or with the landscaping plantings. Berms could provide some good impact. Access for emergency vehicles is a concern if the gates are locked. Applicant will consult with the fire department and provide them with a means of access. Supv Sumner closed the public hearing at 7:58 p.m. RESOLUTION #117 (2014) – APPROVE INCODEMA 3D SPECIAL USE PERMIT 330 MAIN STREET, FREEVILLE Supv Sumner offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the Special Use Permit application of Incodema3D to operate a manufacturing facility at 330 Main Street, Freeville, subject to the following conditions: 1) The application submit a landscape plan, consistent with tonight’s discussion of screening and community character, to be approved by the Planning Director; 2) Applicant follow the fire department’s recommendation for emergency vehicle access through the fenced area; and 3) Standard Conditions of Approval of August 2008. 2nd Cl Sloan Roll Call Vote Cl Sloan Yes Cl Solomon Yes Supv Sumner Yes Cl Leifer Yes Cl Lavine Yes TB 7-17-14 D R A F T Page 6 of 16 Scott Doyle of Tompkins County Planning gave a presentation and brief overview on 2013 Hazard Mitigation Plan Update. All jurisdictions in the County were involved in the process. S Doyle and Supv Sumner thanked Code Enforcement Officer David Sprout for representing the Town of Dryden. FEMA requires that all jurisdictions adopt and update a plan every 5 years in order to be eligible for predisaster mitigation funding. The group did community profiles, identified and assessed risks, and looked for ways to reduce the risks. They were encouraged by the State to look forward. They looked at hazards related to climate change and gas drilling. Twenty-two hazards were identified and they thought 15 had some sort of climate impact. Information in this plan can be used when applying for grants. If a resident had a risk and the town had an adopted plan, the town could apply for funds to mitigate the problem. Supv Sumner closed the public hearing at 8:14 p.m. RESOLUTION #118 (2014) - AUTHORIZE THE ACCEPTANCE AND ADOPTION OF THE 2013 MULTI-JURISDICTIONAL ALL-HAZARD MITIGATION PLAN UPDATE FOR THE TOWN OF DRYDEN, TOMPKINS COUNTY, NEW YORK Supv Sumner offered the following resolution and asked for its adoption: WHEREAS, the Tompkins County Planning Department, with the assistance of Barton & Loguidice, P.C., has gathered information and prepared the Multi-Jurisdictional All-Hazard Mitigation Plan Update for Tompkins County, New York, (the “Plan Update”) and WHEREAS, the Plan Update for Tompkins County has been prepared in accordance with the Disaster Mitigation Act of 2000 and Title 44 Code o f Federal Regulations (CFR), Part 201; and WHEREAS, Title 44 CFR, Chapter 1, Part 201.6(c)(5) requires each local government participating in the preparation of a Plan Update to accept and adopt such plan; and WHEREAS, the Town of Dryden has reviewed the 2013 Hazard Mitigation Plan Update, has found the document to be acceptable, and as a unit of local government in Tompkins County, has afforded its citizens an opportunity to comment and provide input regarding the Plan Update and the actions included in the Plan; WHEREAS, the Town of Dryden will consider the Plan Update in the implementation and revision of town initiatives, and will incorporate the hazard assessment data, hazard vulnerabilities, and mitigation actions in these initiatives, where and when applicable; NOW THEREFORE, BE IT RESOLVED, that the Town of Dryden, as a participating local unit of government, adopts the Multi-Jurisdictional All-Hazard Mitigation Plan Update for Tompkins County, New York, dated December 2013, and be it FURTHER RESOLVED, that the 2013 Plan Update shall supersede any and all other hazard mitigation plans currently in effect in the Town of Dryden. 2nd Cl Solomon Roll Call Vote Cl Sloan Yes Cl Solomon Yes Supv Sumner Yes Cl Leifer Yes Cl Lavine Yes TB 7-17-14 D R A F T Page 7 of 16 Supv Sumner said Cl Sloan and Cl Lavine have expressed interest in emergency management planning. She will introduce to Beth Harrington. PRESENTATIONS Ron Szymanski said in light of the fact that gas leases are more of a liability to the community than they are an asset to the landowner, he would like to see some effort to help landowners do whatever is necessary to terminate the leases. He is working (as a developer) to try to bring certain agricultural industries to town. Examples would be sugar maple industry, apple industry, geothermal and solar industry for solar. These kinds of leases would tend to be more of a liability when developing any size projects. He would like the board to consider putting information out to try to mitigate that problem. It would be helpful for people trying to bring new industries to town. Supv Sumner said the board currently has a long list of projects in progress. Cl Lavine suggested they could contact Ellen Harrison to do a presentation in the community. Cl Sloan would like the town to provide R Szymanski with the tools to do this. Cl Lavine will make contact with Ellen Harrison. It was suggested that something could be put on the website. Joe LaQuatra, Planning Board Chair, said several months ago he spoke about a resolution the Planning Board had made to fill a position in the Planning Department. He has been talking with Jane Nicholson about some of the issues facing that department. The web presence is struggling and posting of site plans isn’t happening. He thinks the problems of the department might be addressed by having a position that combines website manager and a GIS position. He has looked at grants available for municipalities, and the Town of Dryden is missing out on opportunities such as the sustainable communities and community challenge grants. The EPA has grants for water, the Corporation for National Community Service has grants for community based solutions for low income households. The Veterans Administration has grants for adaptive sports programs for disabled veterans and members of the armed forces. New York State has grants for parks & recreation, waste reduction, tree planting, etc. There are a lot of opportunities. Someone in the Planning Department could be keeping an eye on this and working on proposals. Jane doesn’t have the time to do it now. The board could it make a condition of the position that the person at least bring in his or her own salary. In his work, he writes grants and nine out of ten of his proposals have been funded. Leaving the position vacant is costing the town money and opportunities. Supv Sumner said she would like the town to apply for another housing rehabilitation grant. It isn’t only about the money, but about the services that the town needs. CITIZENS PRIVILEGE Ron Szymanski said he realizes the board has a lot on its plate, but this issue, about the budget goes back at least three years. We are running out of reserves. A tax increase will hurt the tax payers. It’s about balancing the budget, and some people are really concerned about it. He’ll be talking about it again. Joe Osmeloski, 2180 Dryden Rd, member of Ag Advisory Committee, said their committee , as well as other boards, has had a lot of discussion about ag and market laws, right to farm laws, zoning laws and things that are intermingled and affecting farmers. As the town moves forward with Comprehensive Plan and Open Space Plan there are discussions about how these will intermingle and affect farmers moving forward. There seems to be mis- information about how these laws affect the community and affect the farmers. The Ag Committee is sponsoring a meeting Wednesday, August 13, at 7:00 p.m. at Neptune Fire Dept. They have invited Dr. Bob Somers, who is the Manager of the NYS Ag & Markets Protection Unit. He will give overview about how Ag & Markets laws affect communities. He will go over TB 7-17-14 D R A F T Page 8 of 16 the right to farm law which has created a lot of confusion. It is confusing and people are not educated enough on these. It has created some tension among the boards. Dr. Somers will give an overview of how the laws work together to help the community. They have also invited a moderator. The goal is to keep it as an educational experience. Supv Sumner said she applauds the Ag Committee for recognizing the problem and doing something about it. They have taken exactly the right action. She strongly urged all board members to attend this event. Craig Anderson said he hopes members of the boards come to that meeting. He said there is no clear direction on the Open Space Plan. We are at the same place as a year ago, and a lot of contradictory things going on. There is confusion on the definition. He wonders if it is too broad of a scope for everyone to comprehend and maybe it can be narrowed down to one small piece at a time. The Agricultural Protection Plan is one avenue to look at and develop first. We just need to narrow the focus down. There is a lot of misinformation and confusion, and there are some hidden agendas as well. This is his perspective from talking with different board members. He has also heard that the CEAs will be written into the Open Space Plan. He suggested letting the Ag Committee try to work out their open space plan first. We already have regulation through the zoning and the subdivision law. There are requirements in them with respect to open space. There are mandatory conservation subdivisions that require preservation of open space. It would do the town and the town’s people a favor to back off and let the ag community work on their plan. Supv Sumner said a year ago the Town Board charged the Conservation Board to be the lead board in the development of an open space plan that would encompass conservation planning, recreation planning and agricultural planning. That’s when the Ag Advisory Committee was formed. We have the advisory boards, the town board and an incredible staff. The hope was that with each working on one aspect that these would come together at roughly the time that the Planning Board needed this as input for the Comprehensive Plan. It’s still a good plan, but maybe the Town Board needs to communicate it again. If there is no buy-in from the advisory boards, then perhaps we need to drop it. But she thinks it is important to pursue. She will try to follow up with clearer information for the advisory boards. TOWN CLERK RESOLUTION #119 (2014) – APPROVE MINUTES Supv Sumner offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the minutes of June 12 and June 19, 2014. 2nd Cl Leifer Roll Call Vote Cl Sloan Yes Cl Solomon Yes Supv Sumner Yes Cl Leifer Yes Cl Lavine Yes COUNTY BRIEF Mike Lane said there is a lot of construction at TC3. They are rebuilding the administrative section at the front where the forum has been. They are also working on drainage improvements for storm water runoff. TB 7-17-14 D R A F T Page 9 of 16 He would like to encourage another housing rehab effort in the town. One of the areas that often has suffered benign neglect is the mobile home parks. Better Housing is looking into a grant opportunity to do rehab on some of the mobile homes to improve the stock in some of the mobile home parks. He suggested perhaps there could be a joint application. Past rehab grants were restricted to mobile homes on their own lot, not those in parks. Consequently, many were not kept up by owners or tenants and are sometimes abandoned. We need to think about mobile homes as a place where low to moderate income people tend to li ve. Some people like the convenience of mobile home park living. We need to pay attention to those parks because a good share of the population lives there and a lot of children live there. Children are susceptible to possible negative influences in places like that. He applauds the efforts of the Cornell group to come out and work with kids in those communities. We need to raise the level of awareness. Supv Sumner wondered if there are grant opportunities for owners of parks to maintain their water and wastewater systems. Most of the parks are not on public water and sewer and have difficulty complying with health department regulations. She will also talk with J Nicholson in the Planning Dept about that. The County is continuing to work on their inventory of shared services through TCCOG. All municipalities need to get their information in. There was a presentation at a Tompkins County Area Development meeting of the efforts to update the county’s comprehensive plan. There were a lot of comments about how to let people know that we want a vibrant community that can afford the things it wants and thus has to have economic activity to support it. We need more blue collar type jobs. Comments centered on the need to make sure that those who want to come to Tompkins County to establish a business don’t run into so many roadblocks. We need to have areas identified where potential issues have already been resolved. The County is proud to have received a national award through the efforts of the County Clerks Office which recognizes them national through the National Association of Counties as having some of the best technology practices in the counties nationwide. Tompkins County got 6th place nationally in leading examples of counties that use technology to improve services and boost efficiencies. In particular, this has to do with the document management and scanning project and they particularly liked the outreach the county had been doing involving other municipalities and sharing the effort to save everyone money. At the County level they think they have saved about 5.5 million dollars with this technology as opposed to having to build a records facility. UNFINISHED BUSINESS Public Interest Order – SCLIWC – Supv Sumner said this is for the new transmission main project. Each municipality is responsible for its own SEQR, this is a short EAF, and was reviewed by the board. RESOLUTION #120 (2014) – NEG SEQR DEC – SCLIWC TRANSMISSION MAIN PUBLIC INTEREST ORDER Supv Sumner offered the following resolution and asked for its adoption: WHEREAS, A. The proposed action involves consideration of the application of Southern Cayuga Lake Intermunicipal Water Commission to adopt a Public Interest Order determining that it is in the public interest to make a joint increase and improvement of the facilities of TB 7-17-14 D R A F T Page 10 of 16 Water District No. 1, Snyder Hill Water District, Monkey Run Water District, Hall Road Water District, Turkey Hill Water District, and Royal Road Water Districts, in the Town of Dryden, Tompkins County, New York, consisting of the ability pursuant to a proposed use agreement to interconnect with the proposed installation by the Village of Lansing of approximately 425 feet of 18-inch ductile iron pipe under New York State Route 13, 7 gate valves, 2 pipe hydrant assemblies and other necessary fitting and appurtenances at a maximum estimated cost of $388,000. B. The proposed action is an Unlisted Action for which the Town Board of the Town of Dryden is the lead agency for the purposes of uncoordinated environmental review in connection with approval by the Town. C. The Town Board of the Town of Dryden, in performing the lead agency function for its independent and uncoordinated environmental review in accordance with Article 8 of the New York State Environmental Conservation Law – the State Environmental Quality Review Act “(SEQR), (i) thoroughly reviewed the Short Environmental Assessment Form (the “Short EAF”), Part I, and any and 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 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 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 EAF and determination of significance shall be incorporated by reference in this Resolution. 2nd Cl Sloan Roll Call Vote Cl Sloan Yes Cl Solomon Yes Supv Sumner Yes Cl Leifer Yes Cl Lavine Yes RESOLUTION #121 – ADOPT PUBLIC INTEREST ORDER Supv Sumner offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby adopts the following Public Interest Order: TB 7-17-14 D R A F T Page 11 of 16 In the Matter of The Joint Increase and Improvement of Facilities of Water District No. 1, Snyder Hill Water District, Monkey Run Water District, Hall Road Water District, Turkey Hill Water District, and Royal Road Water District in the Town of Dryden, Tompkins County, New York PUBLIC INTEREST ORDER WHEREAS, there has been prepared a “map,” Engineer’s report and plan including an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the proposed joint increase and improvement of the facilities of Water District No. 1, Snyder Hill Water District, Monkey Run Water District, Hall Road Water Distri ct, Turkey Hill Water District, and Royal Road Water Districts, in the Town of Dryden, Tompkins County, New York, consisting of the ability pursuant to a proposed use agreement to interconnect with the proposed installation by the Village of Lansing of approximately 425 feet of 18-inch ductile iron pipe under New York State Route 13, 7 gate valves, 2 pipe hydrant assemblies and other necessary fitting and appurtenances; at a maximum estimated cost of $388,000 of which $8,712.40 is the Districts’ share; and WHEREAS, the capital project hereinafter described has been determined to be an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, it has been determined will not result in any significant environmental effects; and WHEREAS, at a meeting of said Town Board duly called and held on May 29, 2014, an Order was duly adopted by it and entered in the minutes specifying the said Town Board would meet to consider the joint increase and improvement of facilities of Water District No. 1, Snyder Hill Water District, Monkey Run Water District, Hall Road Water District, Turkey Hill Water District, and Royal Road Water Districts in said Town at a maximum estimated cost of $388,000 of which $8,712.40 is the Districts’ share, and to hear all persons interested in the subject thereof concerning the same at the Town Hall, in Dryden, New York, in said Town, on June 19, 2014, at 7:15 o'clock p.m., prevailing time; and WHEREAS, said Order duly certified by the Town Clerk was duly published and posted as required by law; and WHEREAS, a public hearing was duly held at the time and place set forth in said notice, at which all persons desiring to be heard were duly heard; NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Dryden, Tompkins County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined that it is in the public interest to make the joint increase and improvement of the facilities of Water District No. 1, Snyder Hill Water District, Monkey Run Water District, Hall Road Water District, Turkey Hill Water District, and Royal Road Water Districts, in the Town of Dryden, Tompkins County, New York, consisting of the ability pursuant to a proposed use agreement to interconnect with the proposed installation by the TB 7-17-14 D R A F T Page 12 of 16 Village of Lansing of approximately 425 feet of 18-inch ductile iron pipe under New York State Route 13, 7 gate valves, 2 pipe hydrant assemblies and other necessary fitting and appurtenances at a maximum estimated cost of $388,000 of which the estimated cost of $8,712.40 is the Districts’ share, anticipated to be allocated as follows: Varna (SW1) $ 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 TOTAL: $ 8,712.40 Section 2. This Order shall take effect immediately. 2nd Cl Sloan Roll Call Vote Cl Sloan Yes Cl Solomon Yes Supv Sumner Yes Cl Leifer Yes Cl Lavine Yes TimeWarner/Comcast update – Cl Leifer said Comcast is attempting to purchase Time Warner and it is under review by the FCC. In the meantime the cable consortium has received information from Comcast about how our franchise will fall into their company. Previously all municipalities joined together to renegotiate franchise agreements because they had expired or were about to. Time Warner sent their edited version to the cable consortium rejecting a lot of the things that were put in by the municipalities. They are still negotiating. Dryden is trying to get a smaller build-out density, reducing it to somewhere from 15 to 18 residences. Municipalities have no say over internet, but the company delivers internet through the cable wire, so they still are concerned about build out. Municipalities have no say in the rate increases. There is almost no role for the municipality. Franchise agreements are required by the FCC. The larger the municipality is the more leverage you have because of a larger customer base. The Town could encourage competition. Clarity helps on the internet side. Cl Sloan would like the numbers of phone, internet, and cable users. Municipalities can negotiate the franchise fee and try to get them to not remove some services from packages. There are some opportunities because Comcast wants purchase approved. Community Garden Agreement – The community garden association has requested permission to build a small shelter with a rainwater collection system. Supv Sumner said she has met with them several times, is happy to recommend that they be allowed to build the shelter, and read a proposed resolution. Cl Lavine suggested that perhaps a children’s garden could be incorporated, similar to the Ithaca Children’s Garden. RESOLUTION #122 (2014) – AUTHORIZING CERTAIN IMPROVEMENTS TO THE COMMUNITY GARDEN TB 7-17-14 D R A F T Page 13 of 16 Supv Sumner offered the following resolution and asked for its adoption: WHEREAS, in 2010 the Dryden Community Garden Association, an unincorporated association leased premises on Town of Dryden property for the purpose of establishing a Community Garden; and WHEREAS, members and volunteers have constructed a fence and a gate and have acquired a tool shed and 500 gallon water tank; and WHEREAS, garden members have relied on the town DPW and the fire department to fill the water tank; and WHEREAS, with support from Cornell Cooperative Extension, garden me mbers have planned a rainwater collection system to fill the water tank; and WHEREAS, the Association’s lease requires prior consent of the Town of Dryden for improvements; therefore RESOLVED, that the Dryden Town Board congratulates the Dryden Community Garden Association on its success and consents to the construction of a rainwater collection system on the garden site. 2nd Cl Lavine Roll Call Vote Cl Sloan Yes Cl Solomon Yes Supv Sumner Yes Cl Leifer Yes Cl Lavine Yes Dog Control – Cl Leifer said he had visited both facilities that responded to the RFP. Cl Lavine has visited the Bieber facility. Cl Leifer said both facilities meet the regulations. Both have adequate space for the dogs, a quarantine area, cleaning, heat, and airflow. To him the biggest difference is that Bieber has a larger area for the dogs to recreate in. Leonard has more bays for dogs, but Bieber has space to expand and materials on site to do it with. Leonard has experience running a kennel. It would be Bieber’s first time. Leonard started in the same position. Mr. Bieber does have experience with animals and dogs. So it is an experienced facility vs a new one. The hours will be similar. Leonard is currently dog control officer (DCO) as well, so if he is out on a call, someone will have to call ahead. Bieber is not applying for DCO and would be at home during hours chosen as opposed to being open plus by appointment since is home schooling the children and taking care of the property. In response to a que stion, Atty Perkins said when a dog is turned over to the kennel, it is the kennel owner’s responsibility to care for the dog. Cl Leifer said they looked at the kennel lease and DCO as two separate things. Leonard also has daycare, boarding and a cattery on the property and needs to cater to those customers too. That is not part of Bieber’s plan. He will just have the town kennel. We know Mr Leonard from working with him for the last couple of years. Mr. Bieber has a customer service background and is qualified in that area. Bieber has had a partial inspection from Ag & Markets, as much as can be done unless they are appointed. Leonard has met the requirements of inspection and violations have been corrected each time. Bieber was confident he could take care of the record keeping, and that is a function of the DCO as well. Bieber can also help with dog enumeration. Leonard did that TB 7-17-14 D R A F T Page 14 of 16 the first time for Dryden. That is a crossover function between kennel owner and DCO. DCO applicant Mr. Ellis would be available to do that as well. With respect to DCO, Leonard has experience as DCO and has brought cases to court. He has two large vehicles and has worked with aggressive dogs. He does everything he can to get dogs adopted out. He tends to keep and care for those that cannot be adopted out. He definitely cares for the dogs and admits that he is sometimes better with dogs than people. Ellis has a background in the hotel service industry, personal experience with all types of dogs, and he will take classes offered by Ag and Markets. He has vehicles to collect the dogs, though they are not as large as Leonard’s. Ellis has no experience acting as DCO and collecting stray dogs, but Mr. Leonard was in the same position five years ago. Cl Lavine said she only went to see the one kennel and it might be construed as unfair. She was impressed that two people would be cooperating and involved in the Bieber operation, and homeschooling the children was an advantage in constant attention and availability , as well as the open space issue. RESOLUTION #123 (2014) – APPROVE KENNEL LEASE WITH BIEBER AND APPOINT ELLIS AS DOG CONTROL OFFICER Cl Lavine offered the following resolution and asked for its adoption: RESOLVED, that this Town Board, having reviewed the responses to requests for proposals for kennel service and dog control officer, hereby approves the kennel lease with Christopher Bieber and appoints Donald Ellis as Dog Control Officer. 2nd Cl Leifer Roll Call Vote Cl Sloan Abstain Cl Solomon No Supv Sumner No Cl Leifer Yes Cl Lavine Yes Cl Sloan said his position is that if it isn’t broke, don’t fix it. We have a dog control officer and he doesn’t know if the other choice would be better, but he would move that he be reappointed for DCO and that the town lease his kennel. Supv Sumner said that both are qualified candidates and facilities. Leonard has had some positive and a bit of negative experience in the community. People have come from out of town to adopt animals and written to thank us for making that possible. That’s not to say that Mr. Bieber wouldn’t do as well. Cl Lavine suggested perhaps waiting a month to make the decision. Cl Sloan said it has been put off and at this stage it is cruel to continue to do so and the board needs to make a decision. C Bieber asked why the board would ask for proposals on two occasions and then go down the same road. Supv Sumner said the board wanted to see if there were choices and there are. It’s a harder choice than they anticipated. Cl Lavine moved to table the motion and volunteered to go out and look at the other facility. There was no second to the motion. TB 7-17-14 D R A F T Page 15 of 16 RESOLUTION #124 (2014) – APPROVE KENNEL LEASE WITH LEONARD AND APPOINT LEONARD AS DOG CONTROL OFFICER Cl Sloan offered the following resolution and asked for its adoption: RESOLVED, that this Town Board, having reviewed the responses to requests for proposals for kennel service and dog control officer, hereby approves the kennel lease with Richard Leonard and appoints Richard Leonard as Dog Control Officer. 2nd Cl Solomon Roll Call Vote Cl Sloan Yes Cl Solomon Yes Supv Sumner Yes Cl Leifer No Cl Lavine Abstain Supv Sumner said this is perhaps the hardest thing they have ever done. Perhaps her entire first year as Supervisor was spent on dog control. At the time SPCA was increasing its contract price by a large amount and were not being very nice about it. She thanked Mr Leonard for his service and Mr Bieber for his interest. RESOLUTION #125 (2014) – AUTHORIZE APPLICATION TO STATE COMPTROLLER FOR YELLOW BARN WATER DISTRICT Supv Sumner offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the Town Supervisor to execute and submit an application on behalf of the Yellow Barn Water District to exceed the first year cost of the District to the typical property to the Office of the New York State Comptroller. 2nd Cl Solomon Roll Call Vote Cl Sloan Yes Cl Solomon Yes Supv Sumner Yes Cl Leifer Yes Cl Lavine Yes Supv Sumner explained she would like to appoint Jeff Fearn to fill a vacancy on the Zoning Board of Appeals. He is currently serving as an alternate. RESOLUTION #126 (2014) – APPOINT J FEARN TO ZONING BOARD OF APPEALS Supv Sumner offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby appoints Jeffrey Fearn to the Zoning Board of Appeals for a term to expire December 31, 2014. 2nd Cl Solomon Roll Call Vote Cl Sloan Yes Cl Solomon Yes Supv Sumner Yes Cl Leifer Yes Cl Lavine Yes TB 7-17-14 D R A F T Page 16 of 16 On motion made, seconded and unanimously carried, the board moved to executive session to discuss the employment history of a particular individual at 9:43 p.m. and moved back to regular session at 9:59 p.m. RESOLUTION #127 (2014) – ABANDON APPEAL OF UNEMPLOYMENT CLAIM Cl Sloan offered the following resolution and asked for its adoption: RESOLVED, that this Town Board will not pursue the appeal of the unemployment claim of Melissa Bianconi. 2nd Cl Solomon Roll Call Vote Cl Sloan Yes Cl Solomon Yes Supv Sumner Yes Cl Leifer Yes Cl Lavine Yes There being no further business, on motion made, seconded and unanimously carried, the meeting was adjourned at 10:01 p.m. Respectfully submitted, Bambi L. Avery Town Clerk