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HomeMy WebLinkAbout2016-11-10TB 11-10-16 Page 1 of 21 TOWN OF DRYDEN TOWN BOARD MEETING November 10, 2016 Present: Supervisor Jason Leifer, Cl Linda Lavine Cl Deborah Cipolla-Dennis, Cl Kathrin Servoss Absent: Cl Daniel Lamb Elected Officials: Bambi L. Avery, Town Clerk Other Town Staff: Jennifer Case, Bookkeeper Rick Case, Deputy DPW Superintendent PUBLIC HEARINGS 2017 PRELIMINARY BUDGET 2017 SPECIAL DISTRICTS BUDGET 2017 FIRE CONTRACTS 2017 AMBULANCE CONTRACT Supv Leifer opened the public hearings for the proposed 2017 preliminary and special districts budgets, the 2017 fire contracts and the 2017 ambulance contract at 6:05 p.m. Supv Leifer reviewed a handout on the budget. A goal this year was to reduce usage of the fund balance in the A fund. $200,000 in fund balance was allocated from the A fund and zero from the DA and B funds. $250,000 is being used from fund balance in the DB fund, but that all comes from non-property tax revenue such as sales tax or mortgage tax. The levy and the tax rate will go up, but it bring things more into balance, and depending on how much is returned to the A funds by highway this year, there is a chance that at least half of the A fund balance usage allocation for next year will be about what we get back from the Highway Department at the end of this budget year. If things hold as they historically have, we won’t end up using the entire fund balance allocation in the 2017 budget. Our expenses are pretty close to our revenue. Appropriations are just shy of $20,000 from 2016. The goal of this budget was to get revenue to match expenses. Sales tax projections were lowered based on the 2015 receipts. If there is a better sales tax year, we’ll have more revenue. We just aren’t booking it yet. We expect more in building fees in 2017 and should have more than was budgeted for. The handout has a brief summary of what the different departments have proposed this 2017 budget vs. 2016. The special districts (water/sewer/lighting) have jumped because of expected repairs. The Yellow Barn Water District fund balance needs to be replenished because it is dangerously low right now because they built a new water tank in 2015. Payments on the bond for that started this year, and we expect about $25,000 in bond payments per year. We also increased lighting district fund balances in order to replace infrastructure if necessary. This budget also includes funds for bonding for Red Mill Road bridge and Malloryville Road bridge. Estimated principal and interest payments are included for 2017 and will begin when the County finishes the projects. TB 11-10-16 Page 2 of 21 The recreation budget is set up for 1 full time and 2 part timers. The board will be addressing the recreation assistant situation later in the agenda. The amount set for wages in 2017, based on what we are projecting to do, won’t completely be spent. Funding was reduced to the Community Science Institute and Southworth Library. Community grants funds were eliminated this year, except for the junior fire academy because the volunteer fire departments are struggling to recruit members. The fire and ambulance budgets went up, but the fire companies got great ISO ratings, so property owners should make sure their insurance companies are using the correct ISO ratings and has them assigned to the correct fire company. There is a good chance that someone will save more money there than they would have from not funding the fire companies properly. Supv Leifer noted he had received refunds for several years from Allstate for over $300 based on the ISO ratings. Properly funding fire and ambulance services is important. Don Scutt, West Dryden area of town, said he owns property in Tompkins & Cortland Counties. He has spoken numerous times to the board. He believes the Board’s purpose is to protect assets of people and thinks the board has done a deplorable job of doing that. The number one priority should be to keep the tax rate in control. For the third year in a row you have asked for a double digit increase in the rate on top of most people receiving a ten percent increase in their assessment. The board is elected to make the tough, hard choices and you’re not. You’re kicking the can down the road. You need to lay people off and stop replacing people when they leave. You have a severe budget problem. You had a previous administrator that bet the ranch on sales tax. The sales tax revenue has not come in and is not projected to come in. The only reason this board is sitting there now is that your party happens to control what happens in the town of Dryden. It is morally corrupt on your behalf to continue to dig into his pocket without looking to save money. This is directed at the town budget, not the fire departments, ambulance budget or highway/dpw budget. Those need to be maintained . The board has a way of controlling the budget and you are choosing not to address the issue. It is easier for you to take money from the public and just keep going as if nothing is going to happen. Your budget is wacked and you need to make it your number one priority. He asked in January that the board approve the budget prior to election. That didn’t happen and it is two days after election day. He asked for monthly budget meetings and that didn’t happen. That shows the board’s priority is not the budget and saving tax dollars. Cl Cipolla-Dennis said they looked very hard and have cut things that many people find valuable. They increased the tax rate to help get the fund balance in order. They have been taking out of fund balance to maintain the way of life people want in Dryden. It was a difficult decision to raise the tax rate. She believes we will see an increase in revenue in 2018 because of the economic development efforts the board is working on that are coming to fruition . The tax rate did not increase for ten years. Dryden is still in the lower one-third of the rates in the county. D Scott said the bottom line is how much you take out of someone’s pocket. The rate may not have increased, but the assessment did. The board needs to increase the revenue before increasing expenses. Cl Cipolla-Dennis said she understands where he’s coming from and the town does have a planning problem. This board is trying to fix a problem that should have been worked on eight or ten years ago, but this board wasn’t here and is trying to fix that problem. This board has had to make some really hard decisions and would have liked to have had him in the room. TB 11-10-16 Page 3 of 21 D Scutt said he did not say anything about dismantling the Rec Department, but would recommend the board forego any hiring until the budget is balanced. He would continue the department as it is and would never have a director position in the town of Dryden government. You don’t need a director of planning especially when the county offers the majority of those services for free. You need a lead zoning officer. The town is p aying health care for part time employees and you don’t need to do that. The school board does much more valuable work and they do it for free. This board should not get healthcare benefits. Some people on boards give back their pay. This board should have a resolution that if you can’t balance the budget, you don’t get paid. The bottom line is three years of a double digit tax increases on top of a huge assessment increase is morally corrupt. Cl Cipolla-Dennis said she appreciated his input and she hopes that next year when the board is putting the budget together that he comes to the budget meetings because by the time we get to this hearing, the budget is baked. They encourage people to come to the workshops when they are working on the budget and making changes. D Scutt suggested upgrading the town’s website and putting n otices in The Shopper. The town needs to let people know what is happening with the town board. Supv Leifer noted that the Planning Department is now entirely funded by sales tax. Supv Leifer closed the public hearings at 6:35 p.m. A public hearing on a local law to override the tax levy limit was held in September. RESOLUTION #173 (2016) – ADOPT LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3-C Supv Leifer 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 NYS Department of State: Be it enacted by the Town Board of the Town of Dryden as follows: Section 1. Legislative Intent: It is the intent of this local law to override the limit on the amount of real property taxes that may be levied by the Town of Dryden, County of Tompkins pursuant to General Municipal Law §3-c, and to allow the Town of Dryden, County of Tompkins to adopt a town budget for (a) town purposes, (b) fire protection districts, and (c) any other special or improvement district, and Town improvements provided pursuant to Town Law Article 12-C, governed by the Town Board for the fiscal year beginning January 1, 2017 and ending December 31, 2017 that requires a real property tax levy in excess of the “tax levy limit” as defined by General Municipal Law §3-c. Section 2. Authority: This local law is adopted pursuant to subdivision 5 of General Municipal Law §3-c, which expressly authorizes the Town Board to override the tax levy limit by the adoption of a local law approved by vote of at least sixty percent (60%) of the Town Board. Section 3. Tax Levy Limit Override: The Town Board of the Town of Dryden, County of Tompkins is hereby authorized to adopt a budget for the fiscal year 2017 that requires a real property tax levy in excess of the limit specified in General Municipal Law §3-c. TB 11-10-16 Page 4 of 21 Section 4. Severability: If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, firm or corporati on, or circumstance, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. Section 5. Effective date: This local law shall take effect immediately upon filing with the Secretary of State. 2nd Cl Servoss Roll Call Vote Cl Cipolla-Dennis Yes Cl Servoss Yes Supv Leifer Yes RESOLUTION #174 (2016) – ADOPT 2017 ASSESSMENT AND SPECIAL DISTRICT ROLLS Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby adopts the Special District and Assessment Rolls for the Town of Dryden for 2017. 2nd Cl Cipolla-Dennis Roll Call Vote Cl Cipolla-Dennis Yes Cl Servoss Yes Supv Leifer Yes RESOLUTION #175 (2016) – ADOPT 2017 BUDGET AND SPECIAL DISTRICTS BUDGETS Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby adopts the preliminary general budget as the Town of Dryden’s general budget for 2017, and it is further RESOLVED, that this Town Board hereby adopts the preliminary special districts budgets as the Town of Dryden special districts budget for 2017. 2nd Cl Servoss Roll Call Vote Cl Cipolla-Dennis Yes Cl Servoss Yes Supv Leifer Yes RESOLUTION #176 (2015) – AUTHORIZE FIRE AND AMBULANCE CONTRACTS Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the following fire and ambulance contracts for 2017 for amounts listed and authorizes the Supervisor to execute the same: TB 11-10-16 Page 5 of 21 Neptune Hose Company No. 1 of Dryden, Inc. $274,537 Varna Volunteer Fire Company, Inc. 257,033 W.B. Strong Fire Company of Freeville, Inc. 169,575 Etna Volunteer Fire Department, Inc. 170,000 Brooktondale Fire Department 26,622 Dryden Ambulance, Inc. 407,927 2nd Cl Cipolla-Dennis Roll Call Vote Cl Cipolla-Dennis Yes Cl Servoss Yes Supv Leifer Yes RESOLUTION #177 (2016) – RELEVY DELINQUENT WATER/SEWER BILLS Cl Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the relevy of the following delinquent water and sewer accounts to the 2017 real property tax bill for that account: Acct No. Parcel Amount K3418 56.-5-5 $ 4,401.58 K3419 56.-5-5 $ 398.88 K3467 43.-1-14.1 $ 672.39 K4326 52.-1-4.9 $ 160.62 K4338 52.-1-4.11 $ 316.38 K4353 55.-1-15.2 $ 1,369.63 K4730 52.-1-4.22 $ 173.49 K5279 54.-2-1 $ 1,581.92 K5289 55.-1-12 $ 1,265.52 K6452 52.-1-25.4 $ 1,325.59 L1671 43.-1-13 $ 407.27 L3422 56.-5-7 $ 80.31 L3430 56.-3-15 $ 417.10 L3446 53.-1-7 $ 449.71 L3478 43.-1-9.8 $ 703.86 L3495 56.-3-11.2 $ 80.31 L3500 56.-3-16.1 $ 291.31 L3501 56.-3-17.2 $ 474.45 L4028 69.-2-13 $ 224.25 L4271 69.-2-3.3 $ 385.83 L5252 54.-2-3 $ 368.66 L5254 57.-1-18 $ 112.51 L5255 54.-1-17 $ 160.62 L5256 55.-2-3 $ 385.68 TB 11-10-16 Page 6 of 21 L5390 56.-4-5.31 $ 156.97 L5413 54.-1-3.2 $ 431.17 L5446 54.-2-2 $ 63.64 L5700 69.-1-10 $ 288.42 L5730 56.-5-25.12 $ 516.68 L5804 56.-4-7.61 $ 47.81 L6376 54.-1-19 $ 355.88 L6443 56.-4-7.31 $ 356.37 L6566 56.-4-7.16 $ 80.31 LYB11 46.-1-49.44 $ 309.67 LYB23 46.-1-49.60 $ 188.50 LYB49 46.-1-49.75 $ 227.66 LYB55 46.-1-68 $ 181.92 LYB70 46.-1-59 $ 1,131.84 LYB72 46.-1-49.21 $ 423.04 565 35.-1-17.1 $ 3,320.49 584 38.-1-28.12 $ 586.14 2nd Cl Servoss Roll Call Vote Cl Cipolla-Dennis Yes Cl Servoss Yes Supv Leifer Yes The board recessed from 6:40 p.m. until 7:00 p.m. when Cl Lavine arrived and Supv Leifer opened the town board meeting. Supv Leifer said the Highway Department has requested permission to purchase a new truck off the Oneida County Bid for the sum of $96,784.00. RESOLUTION #178 (2016) – AUTHORIZE PURCHASE OF TRUCK Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the purchase of a 2017 International 4400 cab and chassis off the Oneida County bid – Contract #1827 for the sum of $96,784.00 to be paid from DA5130.2 and A1490.2. 2nd Cl Servoss Roll Call Vote Cl Lavine Yes Cl Cipolla-Dennis Yes Cl Servoss Yes Supv Leifer Yes RESOLUTION #179 (2016) – APPROVE ABSTRACT #11 Supv Leifer offered the following resolution and asked for its adoption: TB 11-10-16 Page 7 of 21 RESOLVED, that this Town Board hereby approves Abstract #11, as audited, general vouchers #812 through #898 ($696,032.67) and TA vouchers #87 and #88 ($3,407.46) totaling $699,440.13. 2nd Cipolla-Dennis Roll Call Vote Cl Lavine Yes Cl Cipolla-Dennis Yes Cl Servoss Yes Supv Leifer Yes Supv Leifer explained the Planning Department has requested a budget modifica tion due to higher than expected legal ad fees. RESOLUTION #180 (2016) – APPROVE BUDGET MODIFICATION Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the following budget modificat ion: From Acct To Acct B8010.434 ZBA training B8010.433 legal ads $ 525.00 2nd Cl Servoss Roll Call Vote Cl Lavine Yes Cl Cipolla-Dennis Yes Cl Servoss Yes Supv Leifer Yes Update: Cornell trail access – Supv Leifer reported that he went to a meeting with Bob Beck at Cornell Real Estate about Cornell’s property near Game Farm Road. They have given us an easement for part of it and will grant the other shortly. When the trail is ready to be built, we have informally agreed to split the cost of surfacing because it is an access road that leads to a compost pile. We’ll hopefully have the transportation grant money and that will help with the cost. When Dan Kwasnowski was here he had talked about what the town would do to get the easement and part of that was surfacing that road. As it is now, it is basically dust and in the summer when someone drives on it the dust is stirred up. They also want to keep people from the experimental fields. So we basically came to an informal agreement to split the cost. The Town could probably use recycled asphalt for this. The Highway Department has been experimenting with this on Caswell Road and developing a sort of cold mix from millings and cuttings collected from the state. Cornell will collect their old asphalt for this purpose also. There will be a memorandum of understanding that outlines uses and responsibilities and it will likely be in place by the end of December. Cornell is also willing to help work with DEC to gain access through the Game Farm. Supv Leifer talked with Barbara Lifton on Tuesday and she will do what she can to help. In 1983 DEC did a taking and grabbed a strip of land from Cornell and Cornell is negotiating to have its rights restored to that land. Part of that is where the town already has a water/sewer easement. TB 11-10-16 Page 8 of 21 According to B Beck things are falling into place. They hopefully will get good news about the grant and then the board will have to talk about funding and match. Recreation Department staffing – Supv Leifer said the proposal now is to bring Jack Davison on as a full time (40 hours/week) rec assistant. The board discussed salary and benefits. Supv Leifer said this is effectively what he talked about in September. We move the person with the most experience in the department to full time and don’t call the position a coordinator. If we find there is a need to add another part time person, we’ll be doing exactly what was planned for in the budget. The board acknowledged the recommen dation from the DRYC that it should be searching for a Director, and the budget reflects provisions for a Director and two part time people. The board has changed this by moving Jack to a full time assistant and Cl Cipolla-Dennis said this is a good move because we’re hearing that they are struggling to get the work done and the programs would suffer. The board is clear on this deviation from the previous plan and will forego for an undetermined amount of time the search for a Recreation Director. Cl Servoss stated the DRYC is concerned about going backward and would like to advertise the Rec Director position by the end of March with a hire in April. It was noted there wouldn’t be money in the budget for that and Supv Leifer said there would be clearer idea of whether the town could do that when we start to work on the 2018 budget. Cl Servoss said she wouldn’t want to go an entire year without a director and Cl Leifer asked what exactly would they be planning. To review the recreation master plan they don’t really need more than the document itself. Cl Servoss said use of the new basketball courts, the new trails and fitness stations, and public green space would need some planning. Cl Leifer said the Planning Board and Conservation Boards could cons ult with DRYC, but the driver for open space is not the DRYC. The town needs to be in a solid financial situation in order to attract a director. RESOLUTION #181 (2016) – HIRE FULL TIME RECREATION ASSISTANT Cl Servoss offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby hires Jack Davison as a full time recreation assistant at $14.50 per hour eligible for health benefits the first full month that he is employed , effective when he is able to begin full time hours. 2nd Cl Cipolla-Dennis Roll Call Vote Cl Lavine Yes Cl Cipolla-Dennis Yes Cl Servoss Yes Supv Leifer Yes Cl Cipolla-Dennis has been working on the solar energy law with Susan Brock and Ray Burger and it was reviewed by the Planning Board (meeting concurrently with this town board meeting). The board introduced the following proposed Solar Energy Law and scheduled the public hearing for December 15, 2016, at 7:15 p.m. DRAFT Solar Energy Law 1. Authority TB 11-10-16 Page 9 of 21 This Zoning for Solar Energy Law is adopted pursuant to [sections 261-263 of the Town Law, sections 7-700 through 7-704 of the Village Law, or sections 19 and 20 of the City Law] of the State of New York, which authorize the Town of Dryden to adopt zoning provisions that advance and protect the health, safety, and welfare of the community, and “to make provision for, so far as conditions may permit, the accommodation of solar energy systems and equipment and access to sunlight necessary therefor.” 2. Statement of Purpose A. This Zoning for Solar Energy Law is adopted to advance and protect the public health, safety, and welfare of the Town of Dryden, including: 1) Taking advantage of a safe, abundant, renewable, and non-polluting energy resource; 2) Decreasing the cost of energy to the owners of commercial and residential properties, including single-family houses; and 3) Increasing employment and business development in the region by furthering the installation of Solar Energy Systems. 3. Word Usage and Definitions A. For the purposes of this chapter, and where not inconsistent with the context of a particular section, the defined terms, phrases, words, abbreviations and their derivations shall have the meaning given in this section. When not inconsistent with the context, words in the present tense include th e future tense, words used in the plural number include words in the singular number and words in the singular number include the plural number. The word “shall” shall be always mandatory and not merely directory. B. Definitions: 1) APPLICANT - Any person firm or corporation submitting an application to the Town of Dryden for a site plan review for a solar energy production facility. 2) BUILDING INTEGRATED PHOTOVOLTAIC SYSTEM - A combination of photovoltaic building components integrated into any building envelope system such as vertical facades including glass and other facade material, semitransparent skylight systems, roofing materials, and shading over windows. 3) COMMERCIAL ACCESSORY FACILITY OR STRUCTURE - An accessory facility or structure serving or being used in conjunction with solar energy production facilities and located on the same property or lot as the solar energy production facility, including but not limited to, utility or transmission equipment storage sheds or cabinets. 4) GROUND-MOUNTED SOLAR ENERGY SYSTEM - A Solar Energy System that is anchored to the ground and attached to a pole or other mounting system, detached from any other structure for the primary purpose of producing electricity for onsite or offsite consumption. TB 11-10-16 Page 10 of 21 5) LARGE-SCALE SOLAR ENERGY SYSTEM - A Solar Energy System that feeds electricity directly into the grid, is primarily for the purpose of onsite or offsite sale or electricity consumption, and is larger than two thousand (2,000) square feet in area of solar panels per lot. This system may be ground- mounted or roof-mounted. This shall be limited to Community Solar Remote Net Metering per Public Service Commission definition and shall not include Utility Solar Energy Arrays as defined by the Public Service Commission. 6) NET METERING - A billing arrangement whereby the solar energy producer receives credit for excess electricity generated and delivered to the power grid, paying only for the power used. 7) PHOTOVOLTAIC SYSTEMS - A solar energy production system that produces electricity by the use of semiconductor devices photovoltaic cells that generate electricity when light strikes them. 8) ROOF-MOUNTED SOLAR ENERGY SYSTEM - A solar panel system located on the roof of any legally permitted building or structure for the purpose of producing electricity or providing heat and/or domestic hot water for onsite or offsite consumption. This system may be roof-mounted or a Building- Integrated Photovoltaic System. 9) SMALL-SCALE SOLAR - Solar energy production that has the primary function to serve the building(s) in which they are associated with on the same lot, but also may have the ability to sell small quantities of energy back to the electric utility provider and that is smaller than and does not exceed two thousand (2,000) square feet in area of solar panels per lot. This system may be ground- mounted or roof-mounted and can be a Building-Integrated Photovoltaic System or a Solar Thermal System. 10) SOLAR ACCESS - Space open to the direct rays of the sun and clear of overhangs, buildings or shade including building orientation so as to permit the active or passive solar collection on individual properties. 11) SOLAR COLLECTOR - A photovoltaic cell, panel or array, which relies upon solar radiation as an energy source for the generation of electricity. 12) SOLAR EASEMENT - A document recorded pursuant to NYS Real Property Law 335-b, the purpose of which is to secure the right to receive sunlight across real property of another for continued access to sunlight necessary to operate a solar collector. 13) SOLAR ENERGY EQUIPMENT - Electrical energy storage devices, material, hardware, inverters, or other electrical equipment and conduit of photovoltaic devices associated with the production of electrical energy. 14) SOLAR ENERGY SYSTEM - An electrical generating system composed of a combination of both Solar Panels, Solar Thermal Systems, and Solar Energy Equipment. 15) SOLAR PANEL - A photovoltaic device capable of collecting and converting solar energy into electrical energy. TB 11-10-16 Page 11 of 21 16) SOLAR THERMAL SYSTEMS – A system in which water or other liquid is directly heated by the sunlight. The heated liquid is then used for the purposes such as space heating and cooling, domestic hot water and the heating of swimming pools. 4. Applicability A. The requirements of this law shall apply to all Solar Energy Systems installed or modified after its effective date, excluding general maintenance and repair and Building-Integrated Photovoltaic Systems. B. The installation of any Solar Energy System(s), as provided in this local law, does not carry with it a right to a clear line of sight to the sun. It should be understood that an applicant, installer, or developer has the responsibility to make sure that the Solar Energy System(s) are positioned in such a way that they will achieve optimal energy production. It shall be the responsibility of the applicant, installer, or developer to gain any and all easements or agreements to maintain a line of site to the sun if necessary. C. The Town of Dryden Planning Department shall review and determine the correct path for all permitting requirements. 5. Solar as an Accessory Use or Structure A. Roof-Mounted Solar Energy Systems. 1) Roof-Mounted Solar Energy Systems that generates electricity onsite or offsite are permitted as an accessory use in all zoning districts when attached to any lawfully permitted building or structure. 2) Height. Solar Energy Systems shall not exceed the maximum height restrictions of the zoning district within which they are located and are provided the same height exemptions granted to building-mounted mechanical devices or equipment. 3) All Roof-Mounted Solar Energy Systems that use the energy onsite or offsite shall be exempt from site plan review under the local zoning code or other land use regulations, unless such Roof-Mounted system increases the overall height of the structure by six (6) feet or more, at which time site plan review by the Planning Board shall be required. 4) All Roof-Mounted Solar Energy Systems must file a building permit application with the Building Code Department, and obtain a valid building permit, prior to starting the project B. Ground-Mounted Small-Scale Solar Energy Systems. 1) Ground Mounted Small-Scale Solar Energy systems shall not be located in the following areas, unless otherwise approved by the Planning Board in conjunction with a site plan review process as provided in Article XI of the Town of Dryden Zoning Law: TB 11-10-16 Page 12 of 21 a. Prime farmland soils as identified by the Town of Dryden soil analysis maps. b. Areas of potential environmental sensitivity, like Unique Natural areas, Steep Slope areas, and wetlands as identified by Tompkins County Planning Department mapping services and New York State Department of Conservation and United State Army Corps of Engineers. c. Development is prohibited on slopes of greater than fifteen (15%) percent unless the applicant can demonstrate through engineering studies and to the satisfaction of the Town Engineer that the proposed development will cause no adverse environmental impact that will not be satisfactorily mitigated. d. Placement within the front yards of residential lots. 2) Ground Mounted Small-Scale Solar Energy systems that generates electricity primarily onsite are permitted as accessory structures and shall adhere to the following: a. Height and Setback. Ground-Mounted Solar Energy Systems shall not exceed seventeen (17) feet in height on average, and the setback requirements of the underlying zoning district shall apply. b. Lot Coverage. Systems are limited to the underlying zoning district. The surface area covered by Ground -Mounted Solar Panels shall be included in total lot coverage and not exceed the maximum lot coverage as permitted in the underlying zoning district. 3) Ground Mounted Small-Scale Solar Energy systems that use the electricity primarily onsite shall be exempt from site plan review under the local zoning code or other land use regulations. 6. Approval Standards for Large-Scale Solar Systems as a Special Use A. Large-Scale Solar Energy Systems are permitted through the issuance of a special use permit as approved by the Town Board with a recommendation of the Site Plan approval by the Planning Board within Conservation, Rural Agriculture, Rural Residential, Mixed-Use Commercial, and Light Industrial Zoning Districts, subject to the requirements set forth in this Section, including site plan approval. Applications for the installation of a Large-Scale Solar Energy System shall be reviewed by the Planning Department and referred, with comments, to the Town Board for its review and action, which can include approval, approval on conditions, and denial. 1) Large-Scale Solar Energy Systems for active farming or agricultural uses, where the generation is less than one hundred and ten (110) percent of the farm need and use, shall be exempt from a Special Use Permit. B. Large-Scale Solar Energy Systems shall not be located in the following areas unless otherwise approved by the Town Board in conjunction with the Special Use Permit approval process as provided in this chapter: TB 11-10-16 Page 13 of 21 1) Prime farmland soils as identified by the Town of Dryden soil analysis maps. 2) Areas of potential environmental sensitivity, including Unique Natural areas, Steep Slope areas, flood plains, historic sites, airports, state-owned lands, conservation easements, trails, and wetlands as identified by Tompkins County Planning Department mapping services and New York State Department of Conservation and United State Army Corps of Engineers. 3) On slopes of greater than fifteen (15%) percent unless the applicant can demonstrate through engineering studies and to the satisfaction of the Town Engineer that the proposed development will cause no adverse environmental impact that will not be satisfactorily mitigated. C. No Special Use Permit or renewal thereof or amendment of a current Special Use Permit relating to a Large-Scale Solar Systems shall be granted by the Town Board unless the applicant demonstrates that such Large-Scale Solar System: 1) Conforms with all federal and state laws and all applicable rules or regulations promulgated by the Federal Aviation Administration (the “FAA”) or any other federal agencies having jurisdiction. 2) Is designed and constructed in a manner which minimizes visual impact to the extent practical. 3) Complies with all other requirements of the Town of Dryden Zoning Law and the Commercial Design Guidelines, unless expressly superseded herein. 4) Is the most appropriate site among those available within the technically feasible area for the location of a Large-Scale Solar Systems. 5) Is situated on the lot on which it is to be developed in such a manner and location as to allow for development of any portion of the Town’s Greenway that is also to be located on such lot in accordance with the Town’s Greenway Plan or any modification thereof as determined by the Town Board. 6) Is located on a single lot. 7) Complies with a fifty-foot (50) front yard, rear yard, and side yard setback, and the frontage, and minimum lot size of the underlying zoning district in which the Large-Scale Solar System is constructed. 8) Does not exceed seventeen (17) feet in height on average. 9) Is not on a slope of greater than fifteen (15%) percent unless the applicant can demonstrate through engineering studies and to the satisfaction of the Town Board that the proposed development will cause no adverse environmental impact that will not be satisfactorily mitigated. 10) Has a panel surface area that does not exceed the maximum lot coverage as permitted in the underlying zoning district. The Town Board shall have the authority to allow and approve for the Large-Scale Solar System to exceed the lot coverage area in all districts that the Large-Scale Solar Systems are TB 11-10-16 Page 14 of 21 permitted only by way of the Special Use Permit approval process. D. Special Use Permit Application Requirements. For a special permit application, the site plan application is to be used as supplemented by the following provisions and shall include, but not be limited, to the following: 1) A completed project application form in such detail and containing such information as the Town Board may require. 2) In fulfilling the requirements of the State Environmental Quality Review Act (“SEQRA”), the Town Board may require a Full Environmental Assessment Form (“EAF”) for the proposed Large-Scale Solar System. A Visual Environmental Assessment Form (Visual EAF) may be required as an addendum thereto. The Town Board may require submittal of a more detailed visual analysis based on the results of the Visual EAF. 3) Site plan in accordance with the requirements of this section including, without limitation: a. Name, address and phone number of the person preparing the reports. b. Postal address and Tax Map parcel number of the property. c. Zoning district or designation in which the property is situated. d. The exact location including geographic coordinates of the proposed Large-Scale Solar System including any solar arrays, equipment and anchors, if applicable. e. Identification on site plans of Areas of Potential Sensitivity, including nearby flood plains, historic sites, wetlands, airports, Unique Natural Areas, New York State-owned lands, conservation easements, trails, Park Lands, Public Spaces, and prime soils. f. The maximum height of the proposed facility, including all appurtenances. g. A detail of solar panel array type, if any, including but not limited to equipment specification sheets shall be documented and submitted for all photovoltaic panels, significant components, mounting systems, and inverters that are to be installed; The proposed solar energy production capacity design level proposed for the facility and the basis for the calculations of the area of the solar energy production facility's capacity. h. The location, type and intensity of any lighting on the site. i. Property boundaries and names of all adjacent landowners; j. If the property of the proposed project is to be leased, legal consent between all parties, specifying the use(s) of the land for the duration of the project, including easements and other agreements, shall be submitted. The lease document must clearly delineate the party responsible and the procedure for decommissioning at the end TB 11-10-16 Page 15 of 21 of the life of the system and in the event the owner of the system abandons the system for any reason. k. The location of all other structures on the property. l. If designing over new or existing parking spaces, the array shall be designed to accommodate for emergency vehicle access. The design may include, but not be limited to, items such as the height, access ways for vehicles, firefighting capabilities, and other prominent features. m. Blueprints and a site plan showing the layout of the Large-Scale Solar System must bear the seal of a design professional licensed to practice in New York State. n. Description of continuing photovoltaic maintenance and property upkeep, such as mowing and trimming. o. The location, nature and extent of any proposed fencing, landscaping and screening. p. The location and nature of any proposed utility easements and access roads or drives. q. A glare assessment survey and any mitigation efforts that may be utilized to minimize glare on contiguous parcels of land and. r. A Decommissioning plan as set in the below provisions titled “Abandonment and Decommissioning”. s. Interconnection of the Large-Scale Solar Energy System to exiting infrastructure, including but not limited to, any and all upgrades. E. Special Use Permit Standards. 1) Appearance and Buffering: a. The Large-Scale Solar Energy System shall have the least visual effect practical on the environment, as determined by the Town Board. The system shall be disguised to blend in with the surroundings to the extent possible without impairing the ability of the system to perform its designed function. b. Any glare produced by the solar array shall not impair or make unsafe the use of contiguous structures, any vehicles on or off the road, any airplanes, or other possible impacted entities as determined by the Town Board. c. Any exterior lighting installed shall be installed as to have the least visual effect practical on the contiguous properties and shall be approved by the Town Board. TB 11-10-16 Page 16 of 21 d. The Town Board may require additional information, such as line-of- sight drawings, detailed elevation maps, visual simulations, before and after renderings, and alternate designs to more clearly identify adverse impacts for the purpose of their mitigation. e. Equipment or vehicles not used in direct support, renovations, additions or repair of any Large-Scale Solar Energy System shall not be stored or parked on the facility site. 2) Access and Parking: a. Large Scale Solar Energy Systems may be enclosed by fencing to prevent unauthorized access. Warning signs with the owner’s name and emergency contact information shall be placed on any access point to the system and perimeter of the fencing. The fencing and the system shall be further screened by any landscaping or decorative fencing needed to avoid adverse aesthetic impacts as approved by the Town Board. b. Motion-activated or staff-activated security lighting around the equipment area of a Large scale solar facility or accessory structure entrance may be installed provided that such lighting does not project off the site. Such lighting should only be activated when the area within the fenced perimeters has been entered. c. A locked gate at the intersection of the access way and a public road may be required to obstruct entry by unauthorized vehicles. Such gate must be located entirely upon the lot and not on the public right- of-way. 3) Engineering and Maintenance: a. Site plans for a Large-Scale Solar Energy System must bear the seal of a design professional licensed to practice in the State of New York. Every facility shall be built, operated and maintained to acceptable industry standards, including but not limited to the most recent, applicable standards of the Institute of Electric and Electronic Engineers (“IEEE”) and the American National Standards Institute (“ANSI”). b. The Town, at the expense of the applicant, may employ its own consultant(s) to examine the application and related documentation and make recommendations as to whether the criteria for granting the Special Use Permit have been met, including whether the applicant’s conclusions regarding safety analysis, visual analysis, structural inspection, and stormwater management aspects are valid and supported by generally accepted and reliable engineering and technical data and standards. c. Any application under this Section shall meet any substantive provisions contained in local site plan requirements in the Dryden Zoning Code that, in the judgment of the Town Board, are applicable to the system being proposed. TB 11-10-16 Page 17 of 21 4) The Town Board may impose conditions on its approval of any special use permit under this Section in order to enforce the standards referred to in this Section or in order to discharge its obligations under the State Environmental Quality Review Act (SEQRA). 7. Fees and Deposits: A. The fees for a Special Use Permit application for a Large-Scale Solar Energy System shall be six hundred (600) dollars for the Special Use Permit review. B. Any applicable application or other fees, including any deposits required by the Town to pay the costs of any consultants retained by the Town as provided herein. C. In addition to the delivery of the fees described at in the above section “Engineering and Maintenance”, the applicant shall deliver with its application an amount equal to one percent (1%) of the estimated cost of the project. This sum shall be held by the Town in a non-interest bearing account, and these funds shall be available to the Town to pay consultants engaged by the Town to assist in review of the application. Following grant or denial of the application, the Town shall return to the applicant any excess remaining in escrow. If the escrow account has been depleted prior to grant or denial of the application, the applicant shall deposit such funds as are then necessary for the Town to pay any outstanding fees to said consultants. D. A Building Permit Application Fee for a Large-Scale Solar Energy System shall be a base fee of two (200) hundred dollars plus four (4) dollars per thousand of estimated cost. E. A Building Permit Application Fee for a Small-Scale Solar System shall be a base fee of fifty (50) hundred dollars plus two (2) dollars per thousand of est imated cost. 8. Building Permits: A. A holder of a disposure or approval from the Town Board granted under this chapter shall obtain, at its own expense, all permits and licenses required by applicable law, rule, regulation or code and must maintain the same, in full force and effect, for as long as required by the Town or other governmental entity or agency having jurisdiction over the applicant. B. A holder of a disposure of approval from the Town Board for a Solar Energy System shall construct, operate, maintain, repair, provide for removal of, modify or restore the permitted solar energy production facility in strict compliance with all current applicable technical, safety and safety-related codes adopted by the Town, County, State or United States, including but not limited to the most recent editions of the National Electrical Safety Code and the National Electrical Code, as well as accepted and responsible workmanlike industry practices and recommended practices. The codes referred to are codes that include, but are not limited to, construction, building, electrical, fire, safety, health and land use codes. In the event of a conflict between or among any of the preceding, the more stringent shall apply. C. Unless waived by the Town Board, there shall be a pre-application meeting for the building permit application. The purpose of the pre-application meeting will be to address issues which will help to expedite the review and permitting process. A pre - application meeting may also include a site visit, if required. Costs of the Town's TB 11-10-16 Page 18 of 21 consultants to prepare for and attend the pre-application meeting will be borne by the applicant. D. The applicant shall furnish written certification that the Solar Energy System, foundation and attachments are designed and will be constructed ("as built") to meet all local, county, state and federal structural requirements for loads, including wind and snow loads. If the solar system is subsequently approved and constructed, similar as-built certification indicating that the facility has been constructed in accordance with all standards shall be furnished prior to the Town issuance of any certificate of occupancy or compliance. E. After construction and prior to receiving a certificate of compliance, the applicant shall furnish written certification that the Solar Energy System is grounded and bonded so as to protect persons and property and installed with appropriate surge protectors by a certified and approved NYS Licensed Electrical Inspector. 9. Right to Inspect: A. In order to verify that the Solar Energy System and any and all lessees, renters and/or licensees of Solar Energy System place and construct such facilities, including solar collectors and solar inverters, in accordance with all applicable technical, safety, fire, building and zoning codes, laws, ordinances and regulations and other applicable requirements, the Town may inspect all facets of said disposure approval holder's, renter's, lessee's or licensee's placement, construction, modification and maintenance of such facilities. B. Any Special Inspectors required by the Dryden Building Department shall be at the expense of the applicant. 10. Abandonment and Decommissioning A. At the time of submittal of the application for a Special Use Permit for a Large-Scale Solar Energy System, the applicant shall submit and agree to the performance of a decommissioning plan that includes the removal of all solar equipment, the cost of removal of all Solar Energy System and equipment, driveways, structures, buildings, equipment sheds, lighting, utilities, fencing, gates, accessory equipment or structures. If such facility becomes technologically obsolete or ceases to perform its originally intended function for more than six (6) consecutive months, the Town may require its removal in accordance with the decommissioning plan. Upon removal of said facility, the land shall be restored to its previous condition, including but not limited to the seeding and sodding, as appropriate depending upon the season of the work, of exposed soils. B. At the time of obtaining a building permit, the applicant may be required to provide a financial security bond for removal of the Large-Scale Solar Energy System and property restoration, with the municipality as the assignee, in an amount approved by the Town Board. Upon any amendment of the Special Use Permit, the Town Board may adjust the required amount to the financial security bond to adequately cover increases in the cost of removal of the Large-Scale Solar Energy System and property restoration. If the Large-Scale Solar System is not decommissioned after being considered abandoned, the municipality may remove the system and restore the property and impose a lien on the property to cover these costs to the municipality C. All other Solar Energy Systems shall be considered abandoned after 6 months without electrical energy generation and must be removed from the property. TB 11-10-16 Page 19 of 21 Applications for extensions will be reviewed by the Town Board for a period of no more than 24 months. 11. Enforcement Any violation of this Zoning Solar Energy Law shall be subject to the same civil and criminal penalties provided for in the zoning regulations of the Town of Dryden. 12. Severability The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision or phrase of the aforementioned sections as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision or phrase, which shall remain in full force and effect. The Comprehensive Plan should be amended to reflect the effect of the proposed Solar Energy Law. The following amendment was introduced and a public hearing scheduled for December 15, 2016 at 7:15 p.m. Draft amendments to Town of Dryden Comprehensive Plan (amended language underlined) Plan Synthesis chapter, Land Use section on page 39 After paragraph reading: “In the new comprehensive plan accommodations must be made to allow commercial and industrial development within the town, but in a manner that minimizes the impacts on existing and future residential neighborhoods, and the overall character of the community.” Add: “While small scale solar energy generation exists on some small private lots, there is a desire to provide more options for solar energy generation. Large solar installations will allow this but the impacts should be mitigated through careful siting and adequate buffering.” Plan Recommendations chapter, Future Land Use section, Industrial/Office/Research subsection on page 60 After paragraph reading: “Although it occupies a small proportion of the town’s land area, industry continues to be an important economic sector. Currently there are approximately 275 acres of land dedicated to industrial uses in the town and another 412 acres dedicated to utilities. These utilities include the electrical distribution system of New York State Electric and Gas Corporation, and the gas pipeline compressor station in Ellis Hollow.” Add: “To diversify our electrical supply grid large scale solar installations should be allowed in the town with careful siting and adequate buffering provided to mitigate adverse impacts.” Amendments to the Zoning Law and Subdivision Law are necessary to accommodate cluster subdivisions. The following amendments to those laws were introduced and the public hearing was set for December 15, 2016, at 7:30 p.m. Draft Amendment to the Town of Dryden Zoning Law and Subdivision Law TB 11-10-16 Page 20 of 21 LOCAL LAW NO. OF THE YEAR 2016 A LOCAL LAW TO AMEND THE TOWN OF DRYDEN ZONING LAW AND SUBDIVISION LAW TO ALLOW CONSERVATION SUBDIVISIONS IN THE VARNA ZONING DISTRICTS. Be it enacted by the Town Board of the Town of Dryden as follows: SECTION 1. Section 601 of the Zoning Law is amended to add references to the VHMU, VHR and VHT Districts so that this section reads as follows: “Section 601: Relief from Lot dimension requirements in the CV, RR, RA, VHMU, VHR and VHT Districts For relief from the minimum Lot size and minimum Lot Frontage requirements in t he CV, RR, RA, VHMU, VHR and VHT Districts, see the Town of Dryden Subdivision Law which permits smaller Lot dimensions by utilizing the Conservation Subdivision procedure.” SECTION 2. Section 801 E.2 of the Subdivision Law is amended to add references to the VHMU, VHR and VHT Districts after the references to the Rural Agricultural District and Rural Residential District, so that section 801 E.2 reads as follows: “2. Full EAF may be Required. Based on its review of the Short EAF, the Planning Department may require that a Full EAF be filed, and in the case of a Minor Subdivision in a Conservation District (CV), or in the optional use of the Conservation Subdivision procedure (Article IX) in a Rural Agricultural District (RA), Rural Residential District (RR), Varna Hamlet Mixed Use District (VHMU), Varna Hamlet Residential District (VHR) or Varna Hamlet Traditional District (VHT) shall require that a Full EAF be filed.” SECTION 3. Section 900 B. of the Subdivision Law is amended to add references to the VHMU , VHR and VHT Districts so that section 900 B reads as follows: “B: Optional Use of Article A Subdivider proposing a Subdivision in the Rural Agricultural District (RA), Rural Residential District (RR), Varna Hamlet Mixed Use District (VHMU), Varna Hamlet Residential District (VHR) or Varna Hamlet Traditional District (VHT) may elect to proceed under this Article, in which event the provisions of this Article shall govern.” SECTION 4. Section 901 C.3. i. of the Subdivision Law is amended to add the fol lowing at the end of the existing text: “In the Varna districts, when no minimum lot size is specified, the Varna Density Table in Section 703 of the Town Zoning Law shall be used to determine the number of lots that could be permitted. The calculation shall be based on the type of development as identified by the developer, and” SECTION 5. Section 901 D.2.c of the Subdivision Law is amended by adding a requirement for type of development to be shown on conservation subdivision preliminary plats in the V arna districts, so that section 901 D.2.c reads as follows: “c. Locations of structures (“building envelopes”), and in the Varna districts, type of development.” TB 11-10-16 Page 21 of 21 SECTION 6. This local law shall take effect upon filing in the office of the Secretary of Sta te. SECTION 7. The provisions of this local law are severable. If any court of competent jurisdiction decides that any section, clause, sentence, part or provision of this local law is illegal, invalid, or unconstitutional, such decision shall not affect, impair, or invalidate any of the remaining sections clauses, sentences, parts, or provisions of the Local Law. SECTION 8. This local law shall supersede or repeal any prior inconsistent Local Law. Verizon Wireless will be at next week’s meeting to conclude the public hearing for their tower application on Route 13 near Willow Glen Cemetery. R Burger said a public hearing on the trail easements is required under GML §247 and that will be held in December. He will take care of the public notice. A press release will be sent for volunteer board recruitment. Some of the people whose terms are expiring have submitted applications for reappointment. M Moseley said the Planning Board has asked R Burger to provide the proposed Solar Energy Law to other Dryden boards (Conservation Board, etc) so they have an opportunity to comment. The Planning Board will address the infrastructure law at its next meeting. There being no further business, on motion made, seconded, and unanimously carried, the meeting was adjourned at 7:42 p.m. Respectfully submitted, Bambi L. Avery Town Clerk