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HomeMy WebLinkAbout2016-02-18TB 2-18-2016 Page 1 of 18 TOWN OF DRYDEN TOWN BOARD MEETING February 18, 2016 Present: Supervisor Jason Leifer, Cl Daniel Lamb, Cl Deborah Cipolla- Dennis, Cl Linda Lavine, Cl Greg Sloan Elected Officials: Bambi L. Avery, Town Clerk Rick Young, Highway/DPW Superintendent Other Town Staff: Ray Burger, Director of Planning Jennifer Jones, Recreation Director Rick Case, Deputy DPW Superintendent Supv Leifer opened the meeting at 7:00 p.m. Board members and audience participated in the pledge of allegiance. He reviewed the public hearings that are scheduled and explained that there would be no vote tonight on the zoning law amendment. TOWN CLERK RESOLUTION #49 (2016) – APPROVE MINUTES Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the minutes of January 14 and January 21, 2016. 2nd Cl Cipolla-Dennis Roll Call Vote Cl Sloan Yes Cl Cipolla-Dennis Yes Cl Lavine Yes Cl Lamb Yes Supv Leifer Yes PUBLIC HEARING ZONING LAW AMENDMENT Supv Leifer opened the public hearing at 7:05 p.m. and read the public notice published in the Ithaca Journal on February 10, 2016. Ray Burger explained the present law has density regulations for mixed use, commercial, and the Varna districts, but doesn’t address density in rural residential, rural agriculture, conservation or neighborhood residential zones. This amendment fills that gap. For those districts, it is a density of two dwelling units per acre with a maximum of ten dwelling acres per parcel. “Dwelling” can mean one, two or multi-family dwellings. The public hearing was left open at 7:20 p.m. 902 DRYDEN ROAD TB 2-18-2016 Page 2 of 18 MODERN LIVING TOWNHOME PROJECT Supv Leifer explained there would be no presentation by the developer. Eric Humerez read following statement: We the people are not opposed to development, but we are concerned about developing in the correct place. We are concerned that intelligent development is being ignored while unintelligent development is being push down the throats of the citizens. The citizens want a voice in their community, they want to live in a place that have nurtured and cherished, and they want to be free from intrusion, they want to feel safe in their homes. The Ithaca Times had a feature article touching on this development and about the Varna plan as a whole. What the article did not talk about was the reasons this 902 project is being fought. First - It stated that Cheryl Humerez represents herself, myself, and her in-laws who live at 904, but what is not mentioned is that when she gets up here to talk, she is also representing Liz Ross who lives next door to the proposed development, and whose home will be devastated by this project. She also represents all the community members that have signed the petition against the project, and all the community members that have come out against it since this petition was submitted many months ago. And she has represented the environmentally sensitive area that this project plans to disrupt. I trust that you have paid careful attention to the floodplain issues, and the fact that the 902 property is not only part of the floodplain, but the upper portion of the property sits on the lowest level on Rt.366 in Varna. All the water from heavy rains not only floods the floodplain area of this property, but also washes down from the hills and through the property. Mary Potter who lived there since 1952 often complained about her basement being flooded. You have heard and received numerous letters from Jim Skaley, David Weinstein, Hilary Lambert, Guy Krogh explaining point by point why this project is wrong and does not fit the plan nor the zoning. I hope you carefully paid attention to Todd Bittner, and his rebuttal to Modem Living Rentals submission of the SEQR Form, which was full of inaccuracies. Lastly, the letters that explain why this project does not fit the Varna Plan, the zoning was not meant to include such a dense, non-ownership, housing development. So what will it take to stop this travesty? The zoning? The environmental destruction? The devastation of the neighbors and the community? Yes, Varna will move forward, Varna will change. Varna has many open spaces waiting for developments, it has houses that need to and will be replaced, it will have sidewalks, it will have revitalization, but these changes must be done correctly, they must be done with care to the citizens, to the TB 2-18-2016 Page 3 of 18 environment, and to the community as a whole. This project at 902 Dryden Road fails to meet any of those concerns. Cheryl Humerez read the following statement: Do any of my politicians BIG or small have what it takes to fight for the rights of the little people? We the long time residents of Varna have been here, caring for our Hamlet parcel by parcel for many years but is anyone really listening to what is being said by us. I have read and reread the recommendations made by the Tompkins County Planning Board. They stated "To help reduce flood risk, we recommend modifications of the proposal to ELIMINATE the need for ANY fill within the 100 year floodplain. Protection of the areas floodplain is identified in several documents as being critical to reducing the impact of future flooding." So they the developers would have me believe by the removing of mature trees and natural bushes on this land that have endured many floods and in place of these put in a Parking lot area they say "will require a fair bit of fill because of the nature of creating a level path in an area that's kind of sloping." The swale will that be down in that floodplain. This will make it much better than to let mother nature run her coarse. You obviously are not familiar with the phrase "You shouldn't mess with mother nature." She was here long before you and will still be here long after we are all gone. For the record the Varna Comprehensive Plan showed absolutely NO new or Redevelopment at this 3 point comer. Could it be possible when the Varna Plan was being designed that someone had the common sense to know you should never build on a floodplain. Long time residents have watched this area to be the first to flood and have produce photos for evidence. I have been misquoted by the developer's to the newspapers saying "NOT IN MY BACK YARD and NOT NEXT DOOR TO ME." I have spoken at almost every meeting since August 2015. I have been clear in stating where I live. I do not Live next door but 2 door down within the 500 foot boundary. What I have said is and can be quoted is "LOCATION.. .LOCATION... LOCATION, THIS IS THE WRONG LOCATION FOR THIS TYPE OF DEVELOPMENT on a known flood plain." Let us hope when you get around to voting on this, you stick to your moral values and with a clear conscience remembering you are voting for our community for years to come. Please don't let the almighty tax dollar sway your vote. Ray Burger explained that the SWPPP is undergoing final revision. It should be resubmitted within a week. TB 2-18-2016 Page 4 of 18 1401 DRYDEN ROAD THE STORAGE SQUAD STORAGE UNIT PROJECT R Burger explained the applicant would make a new presentation tonight. They expect their final SWPPP in another week and expect to be ready for the March meeting. Nick Huber, Storage Squad, distributed some pictures and a new site plan. They submitted their SWPPP back in September but it was a bit too big for the site and they had some trouble dealing with underground retention and other issues. The current configuration results in less earth work. The second story will be accessed from the rear because the property is terraced. There is a safe slope around all the buildings. They feel it is still an attractive site plan. They are in final stages of working with the town engineer on stormwater management. There is a treatment pond area in the front left of the parcel that will be well - manicured and maintained. The entryway will have a stone block gate with black aluminum fence. They believe it will fit nicely in the neighborhood. All previous discussions at meetings were taken into consideration. In building #1 (the only one with a final floor plan) there are 300 climate controlled units and about 120 non-climate controlled. Driveways are about 25 feet wide to allow for vehicles to pass vehicles and trucks that are parked. There is plenty of room to drive around and safely park and access doorways. They estimate about 30 cars per day visiting the entire facility. Applicant plans to do some good looking landscaping in the front. There will be bushes and flowers by the sign and some trees between the buildings. The fence will be kept nicely trimmed. They want to be the nicest looking facility in Tompkins County, with a goal of being visually appealing but also secure. The hearing was left open at 7:25 p.m. Recreation Dept Update Jennifer Jones asked the board to approve the community grant application form. She explained they gave up the electronic program because the annual cost seemed excessive for the time and number of applications reviewed. A new budget sheet has been added to make sure the same formatting is used. There is a final report to be completed after each event has been held. The DRYC will review all applications. The Board has no issues with use of this form. There are agreements for the Dryden Lake Festival, Intergenerational Band & Chorus and the Chalk Art Festival. The Chalk Art Festival is a new event, but run by the same group as Rachel’s Challenge. The town acts as sponsor for the grants obtained for these events. There is a financial commitment with Intergenerational Band & Chorus. The town has offered $500 toward building use of the schools and is included in the rec budget. RESOLUTION #50 (2016) – AUTHORIZE SUPERVISOR TO SIGN AGREEMENTS FOR RECREATION EVENTS Supv Leifer offered the following resolution and asked for its adoption: TB 2-18-2016 Page 5 of 18 RESOLVED, that the Supervisor is hereby authorized to execute agreements to act as sponsor for the following agencies/events: Dryden Area Intergenerational Band and Chorus, Dryden Lake Festival, and Chalk Art Festival. 2nd Cl Lamb Roll Call Vote Cl Sloan Yes Cl Lavine Yes Cl Cipolla-Dennis Yes Cl Lamb Yes Supv Leifer Yes The Rec Department’s monthly report is posted on the website. Supv Leifer asked what kind of advertising was done for the winter program. J Jones responded they use the town’s list serve, ads in local papers, and booklets are sent to the schools and community centers, library, and left at local businesses. Supv Leifer would like Caroline School added to the list. Cl Lavine commented that the graphic layout of the booklet was confusing. She volunteered to look at and J Jones will provide it to her electronically. PUBLIC HEARING PEG BANDWIDTH CO-LOCATION Supv Leifer opened the public hearing at 7:30 p.m. and read the public notice that was printed in The Ithaca Journal. Lee Shurtleff, Director of Tompkins County Emergency Response said the Mt Pleasant telecommunications tower is one of those that comprise the county’s communication system. Twelve years ago the system was established and at the time there was some ambiguity in the laws with respect to regulatory authority and where the review process would take place. At the time they crafted an approach whereby the county office met with the board chosen by the supervisor in each municipality and went through a review process at the sites . The municipalities at the time requested a minimized height so that they didn’t need to be lit unless absolutely necessary. They also requested they were built w ith enough capacity to accommodate co-location by private users. This tower was expected to have other users at some point in time but because of the stock market crash a lot of that private building was discontinued until recent years. The towns were assured initially that they would be able to review any co-location applications and provide input. After all of these years PEG has asked to lease space and place two microwave dishes on the tower. It can be accommodated. The board was provided with the building documents and site plan sketches. Susan Brock has told him that it is still unclear where the review process is, but in the spirit of cooperation he wanted to be here to be sure what they propose is keeping with the town’s desires. R Burger said this is a co-location at 110’ and 120’ on the tower. The dishes are 6’ in diameter. It has always been the policy of the town to try and encourage co-location. There are two towers on Mt Pleasant, this one and the SAGA tower. Martha Robertson said there was discussion years ago that if there was co-location, taxes should be charged. L Shurtleff said the assessment will receive the lease information and put an assessment on it and it will be the responsibility of the company to pay that tax. The hearing was left open at 7:37 p.m. TB 2-18-2016 Page 6 of 18 HIGHWAY/DPW DEPT Rick Young explained they are trying to purchase a mower that did not get on this month’s abstract and asked that it be approved for payment outside the abstract . It will be used at the dam so they can cover more ground. They were made aware of it by a salesman. It will fit on their existing tractor. It will cut down on the manpower to maintain dam. A new mower like this would be over $11,000. It has about 30 hours on it ; they are asking $5,500. The money is in the equipment budget. RESOLUTION #51 (2016) – AUTHORIZE PAYMENT OUTSIDE ABSTRACT Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes payment outside the abstract for purchase of mower in an amount not to exceed $5,500.00. 2nd Cl Cipolla-Dennis Roll Call Vote Cl Sloan Yes Cl Lavine Yes Cl Cipolla-Dennis Yes Cl Lamb Yes Supv Leifer Yes R Young stated the Yellow Barn Water District has become a nightmare for them. They have had a leak and when the system was installed there was no trace wire installed. Locating the pipes is extremely difficult. Once he has actual pricing he would like to move forward with doing remote reads on the meters. The estimated cost is $20-$25,000 for the readers and software. This would allow him to determine whether an individual account has a leak in their home. A toilet leaking over the weekend has a significant impact on the water supply in the district. At this point several accounts have not yet submitted a meter read and this software would solve that problem. The cost would be paid by the water district, but if the town was able to do the billing, it would save the amount being paid to Bolton Point (approximately $6,500 per year). The honor system in place right now isn’t working. Supv Leifer added that Bolton point is moving to the remote readers also. At the agenda meeting, R Young informed the board that he would like to purchase plow equipment for the new truck ($85,000). Funds are in the budget. RESOLUTION #52 (2016) – AUTHORIZE PURCHASE OF PLOW EQUIPMENT Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the purchase of plow equipment in an amount not to exceed $85,000.00 2nd Cl Cipolla-Dennis Roll Call Vote Cl Sloan Yes Cl Lavine Yes Cl Cipolla-Dennis Yes Cl Lamb Yes Supv Leifer Yes TB 2-18-2016 Page 7 of 18 R Young explained he would like to take $150,000 from the equipment reserve to put toward the purchase of a loader. The balance of the purchase price, $145,181.00 would come from the 2016 budget. The loader they currently have is fairly old, has some mechanical issues, and is not large enough for many of the tasks they n eed it for. RESOLUTION #53 (2013) - AUTHORIZING THE EXPENDITURE OF $150,000 FROM THE TOWN OF DRYDEN HIGHWAY EQUIPMENT CAPITAL RESERVE FUND Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, the town board of the Town of Dryden, Tompkins County, New York, established the “Town of Dryden Highway Equipment Capital Reserve Fund” by resolution adopted September 9, 2009, and WHEREAS, the purpose of such capital reserve fund was to set aside funds to pay for some or all of the costs of acquisition of highway equipment or machinery, and WHEREAS, expenditures from such capital reserve fund may be made only with the approval of the town board pursuant to General Municipal Law 6-c, and WHEREAS, it has been determined that the town highway department needs to acquire a loader, now THEREFORE, BE IT RESOLVED as follows: 1. The expenditure of $150,000 from the Town of Dryden Highway Equipment Capital Reserve Fund to be used toward the purch ase price of a new loader is hereby authorized. 2. This resolution is subject to a permissive referendum as provided in Article Seven of the Town Law. 3. The Town Clerk is hereby authorized and directed, within ten (10) days of the adoption of this resolution, to publish in the official newspaper and post on the town signboard a notice setting forth the date of adoption of this resolution and an abstract of such resolution all as required by Town Law § 90. AND BE IT FURTHER RESOVLED, that that balance of the purchase price ($145,181.00) shall come from the 2016 highway budget. 2nd Cl Cipolla-Dennis Roll Call Vote Cl Sloan Yes Cl Lavine Abstain Cl Cipolla-Dennis Yes Cl Lamb Yes Supv Leifer Yes R Young would like to move the unspent funds to the highway and dpw reserve accounts. The year-end figures are not firm yet, and when the exact amounts are determined, that will be done. Supv Leifer closed the public hearing on the PEG co-location at 8:20 p.m. Board members have reviewed a resolution prepared by the town attorney. RESOLUTION #54 (2016) – DETERMINATION THAT PROPOSED MICROWAVE DISHES TO BE CO-LOCATED ON TOMPKINS COUNTY-OWNED COMMUNICATIONS TOWER AND TB 2-18-2016 Page 8 of 18 ASSOCIATED EQUIPMENT ARE NOT SUBJECT TO TOWN’S REGULATIONS IN ITS TELECOMMUNICATIONS TOWER SITING LAW, INCLUDING THE SPECIAL USE PERMIT REQUIREMENT, PURSUANT TO THE BALANCING OF PUBLIC INTERESTS TEST Supv Leifer offered the following resolution and asked for its adoption: Whereas, the Director of Tompkins County’s Department of Emergency Response, acting as agent for Tompkins County and as manager of Tompkins County’s communications systems, has requested that the Town Board of the Town of Dryden make a determination as to whether the proposed co-location of two microwave dishes owned by PEG Bandwidth NY, LLC (“PEG”) on Tompkins County’s existing communications tower at 632 Mount Pleasant Road, tax parcel number 52-1-51.1, along with associated equipment to be placed on the site, are subject to the Town’s special use permit requirements; and Whereas, Tompkins County’s existing tower is a 185-foot self-supporting lattice tower that is used for County emergency communications, among other things, and is part of an interconnected tower system owned by and located within Tompkins County; an d Whereas, the proposed PEG equipment consists of two microwave radio point -to-point dish style antennas, each six feet in diameter, with one dish’s centerline at a height of 110 feet and the other dish’s centerline at a height of 120 feet on the tower, along with a new outdoor equipment cabinet mounted on a new 4 x 4 foot galvanized steel platform to be located within an existing fenced compound, electrical service to be placed at a new electric meter/main mounted on an existing utility rack, and associated cabling; and Whereas, the proposed PEG equipment is described and shown in the materials submitted by Lee Shurtleff, Director of Tompkins County Department of Emergency Response, which include a letter from Lee Shurtleff dated January 13, 2016; a set of plans prepared for PEG Bandwidth by Irish Tower, consisting of sheet T-1, titled “Project Information and Data”, sheet N-1, titled “General Notes”, sheet A-1, titled “Antenna Orientation/Site Plan & Tower Elevation”, sheet A-2, titled “Details”, and sheet A-3, titled “Grounding Details”, all revised September 8, 2015; a drawing titled “Tower Antenna Assignment, Dryden West Tower, Mt. Pleasant Rd, Dryden, NY”, sheet no. 1 of 1, prepared by Blue Wing Services and dated October 9, 2013; and an Engineering Evaluation prepared by Towerkraft Engineering, P.C., dated August 21, 2015; and Whereas, three existing antennas on the tower would be removed and replaced with PEG’s proposed equipment; and Whereas, pursuant to New York case law, including Matter of County of Monroe, 72 N.Y.2d 338 (1988) and Matter of Crown Communication New York, 4 N.Y.3d 159 (2005), the Town Board must perform a “balancing of public interests test” to determine whether the proposed installation of this private telecommunications equipment on the County-owned tower and on the site is exempt from the Town’s special use permit requirements and other requirements of its Telecommunications Tower Siting Law; and Whereas, pursuant to the County of Monroe case, the “balancing of public interests test” involves a balancing of 1) the nature and scope of the instrumentality seeking immunity; 2) the kind of function or land use involved; 3) the extent of the public interest to be served; 4) the effect local land use regulation would have upon the enterprise; 5) the impact upon legitimate local interests; 6) the applicant’s legislative grant of authority; 7) alternative locations for the facility in less restrictive zoning areas; 8) alternative methods of provid ing the needed improvement; 9) intergovernmental participation in the project development process; and 10) an opportunity to be heard by the public and others; and TB 2-18-2016 Page 9 of 18 Whereas, pursuant to the County of Monroe case, one factor could be more influential than another or may be so significant as to completely overshadow all others, but no element should be thought of as ritualistically required or controlling; and Whereas, the case law has made it clear that a private entity may share in the immunity from local zoning accorded to a municipality or New York State if the result of the balancing test justifies the private entity’s exemption from local zoning requirements; and Whereas, in the Crown Communication case, the New York Court of Appeals performed this balancing of the public interests test and held that that under the particular facts and circumstances of that case, local zoning regulations did not apply to the installation of private antennae on two state-owned telecommunications towers; and Whereas, notice was duly advertised in the Ithaca Journal of a public hearing to be held by the Town Board of the Town of Dryden on February 18, 2016 at 7:30 p.m. to hear all interested parties on the proposal for PEG Bandwidth NY, LLC to co-locate two 6-foot in diameter microwave dishes and associated equipment on and near the Tompkins County - owned communications tower and on the Town Board’s consideration of whether, pursuant to the “balancing of public interests” test developed by New York case law, the co-location of the two microwave dishes and associated equipment on and near a publicly -owned tower is subject to the Town’s special use permit or other zoning requirements; and Whereas, said public hearing was duly held on said date and time at the Town Hall of the Town of Dryden and all parties in attendance were permitted an opportunity to speak on this matter; and Whereas, pursuant to the New York State Environmental Quality Review Act (“SEQRA”) and its implementing regulations at 6 NYCRR Part 617, it has be en determined by the Town Board that its determination pursuant to the “balancing of the pubic interests” test is a Type II action because it constitutes “routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment,” and thus this action is not subject to review under SEQRA; NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Dryden determines that the proposed co-location of PEG’s telecommunication equipment on the County’s Mt. Pleasant tower and on the site, as shown in the materials submitted by Lee Shurtleff, is not subject to the Town’s regulations in its Telecommunications Tower Siting Law, including the special use permit requirement, based on the Town Board’s application of the balancing of the public interests test, for the reasons set forth below: 1. The nature and scope of the instrumentality seeking immunity is a private corporation that wishes to co-locate its equipment on an existing communications tower owned by Tompkins County; while the entity seeking immunity is not a public entity, New York case law shows that private entities that seek to co-locate equipment on publicly owned towers are not automatically disqualified from receiving immunity; and 2. The kind of function or land use involved is microwave dishes co-located on an existing County tower, along with associated equipment on the tower and site, and removal of three existing antennas to make room for the new dishes; these dishes and equipment will pose minimal visual impact, give the current visual impact of the existing tower and equipment; and 3. The nature of the public interest to be served is that the proposed dishes and equipment will be co-located on and next to one of the County’s emergency communications TB 2-18-2016 Page 10 of 18 towers; the County’s tower system forms the backbone for its emergency communications systems, and the tower network was designed to accommodate private equipment, which minimizes the potential proliferation of towers while providing income to Tompkins County to help it pay for its emergency communications tower system; and 4. The effect the local land use regulation would have on the enterprise is that PEG would need to apply to the Town Board for a Special U se Permit; and 5. The impact upon legitimate local interests will be minimal because the proposed dishes will co-located on an existing tower and will replace three existing antennas on the tower; the visual impact of the dishes and associated equipmen t will be minimal, given the visual impact of the existing tower and all the other equipment that is currently on it; and 6. PEG does not have a legislative grant of authority, but the Town Board does not consider this factor to be significant, given th e minimal visual impact of its dishes and equipment on and next to the existing tower; and 7. The “alternative locations for the facility in less restrictive zoning areas” factor is not applicable, as PEG’s telecommunications facilities are allowed in all zoning districts subject to a Special Use Permit; and 8. Alternative methods of providing the needed improvement would require construction of another tower or a change in PEG’s coverage objectives, and would not advance the County’s environmental goal of minimizing tower proliferation or public safety goal of realizing income to support its emergency communications operations; and 9. Intergovernmental participation in the project development process occurred in 2006-2007 when Tompkins County repla ced its previous Mount Pleasant Road tower with the current tower, and the Town waived the requirement of requiring a Special Use Permit, per Section 15 of the Town’s Telecommunications Tower Siting Law of 2006 which exempts, from the requirement of obtaining a Special Use Permit, towers used or proposed to be used solely and exclusively for public safety and emergency services, including police, fire, ambulance and rescue; in addition, Sections 5 and 8 of the Telecommunications Tower Siting Law identify shared use of an existing tower or other existing structure as the most desirable location for new telecommunication equipment; and 10. The public has had an opportunity to be heard; the Town held a public hearing on February 18, 2016 on the proposal and on the Town’s consideration of whether, pursuant to the “balancing of public interests” test developed by New York case law, the co-location of the two microwave dishes and associated equipment on and near the publicly -owned tower is subject to the Town’s special use permit and other requirements. 2nd Cl Sloan Roll Call Vote Cl Sloan Yes Cl Lavine Yes Cl Cipolla-Dennis Yes Cl Lamb Yes Supv Leifer Yes L Shurtleff said the county will keep the town informed with respect to any future co- location applications. CITIZENS PRIVILEGE TB 2-18-2016 Page 11 of 18 None PLANNING DEPT Board members have monthly report. R Burger said he recently met with the project team for the village water supply. They are establishing locations for two test wells at Dryden Lake Park. Drilling will happen this year and the line will be put in next year. Red Mill Bridge work will be done this year and the county has offered the old bridge to the town to be relocated. The town is looking at options of where it might be beneficial to a community. Suggestions include in the Genung Preserve in the Village of Freeville or on the trail near the game farm. The town will be getting an application from Verizon for a new tower on the north side of Route 13 near George Road. Regarding the Pinckney Road parcel, last month he stated the southwest corner of the parcel was located in the middle of the rail bed. That is what he was told by the surveyor but is not what exists in the field. The pin is on the north side of rail bed, so the town would only own a small portion of rail bed. The town is pursuing an easement with adjacent property owner so we can still have access to the parcel. There is still 250’ of road frontage. Atty Geldenhuys is in the process of developing an easement for presentation to the owner. R Burger said the survey represents where title to the property is. The location of the rail bed as constructed wanders on various sides of the centerline of the old railroad property. Cl Sloan asked how well the right of way was graded. R Burger said you would want to stay on the rail bed as it exists because of cost. It could be constructed and widened and a trail put through, but it makes sense and is efficient to follow existing rail bed. R Burger presented a 239 agreement with Tompkins County for consideration. He explained a lot of zoning actions must go for a review by the County. The County has agreed, however, that certain types of simple actions don’t necessarily require their review and could be agreed to in advance via this agreement. Those are listed in the agreement. It will streamline the process. The Planning Board is signing on to a similar agreement. The Town can always ask for review of a specific project if it chooses. RESOLUTION #55 (2016) – AUTHORIZE AGREEMENT WITH TOMPKINS COUNTY REGARDING REVIEWS UNDER GML §239 Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the Supervisor to execute an agreement with Tompkins County Planning Department that provides that certain items listed in that agreement be excluded from review under GML §239 by Tompkins County. 2nd Cl Cipolla-Dennis Roll Call Vote Cl Sloan Yes Cl Lavine Yes Cl Cipolla-Dennis Yes Cl Lamb Yes Supv Leifer Yes TB 2-18-2016 Page 12 of 18 COUNTY BRIEFING Martha Robertson said the Planning, Economic Development and Environmental Quality is currently conduct a housing survey and she urged everyone who lives, works or goes to school in Tompkins County to complete the survey and spread the word. The survey is open until February 22. The committee yesterday heard the Planning Department’s work plan for the year. Main priorities are energy and climate charge, housing, outdoor recreation and open space conservation and developing projects that fit within the Upstate Revitalization Initiative. The committee approved a resolution to send on to the legislature a request for a $25,000 allocation from their capital reserve fund for purchase of the Petkov property on Midline Road. This is 125 acres is adjacent to state land and Cornell land and a very special property with tributaries to Six Mile Creek. There is 900 feet of stream front on Six Mile Creek. There is a trail from the Roy H Park Preserve that is used to access a special pond in the middle of the property. The Finger Lakes Land Trust will enhance that trail for public access after they purchase the property. Half of the County’s total fund ($50,000/year) was allocated to this purchase. They feel this parcel is that important. Cl Lamb said the town was going to pass resolution in support of that purchase. He understands the Land Trust was asking for a $40,000 commitment. M Robertson explained that with $50,000 for the whole county, they have to prioritize, but it might not be impossible that they could help some more. Mike Lane explained that Chuck Schumer recently came to town to talk about the reconfiguration of the intersection at east end of State Street where S imeons was hit by a truck. 40 million dollars has been allocated to New York State for transportation projects and Chuck Schumer said he has Ithaca in mind for some of that. The cost of improvements is not firm yet, but it is likely more than two million. M Lane said he feels it is better to have the problem solved where the issue is than to divert traffic through Dryden, which was discussed early on. They are waiting for the developers to the work their project at the old library site through the Ithaca City approval process. It seems to be going well, but it will probably be a couple of months before that happens. The county is excited about the possibility of a trail between Ithaca and Varna and Freeville. They have talked a lot about using the old Red Mill Bridge on trails. It had been suggested it be used to replace the trestle near Johnson Road. That trestle has a lot of poles that catch a lot of the trees floating down Virgil Creek. There may be another bridge near the Etna that was washed out years ago in a flood. There is a multi-model project that would replace the old railroad bridge across Pine Tree Road with a foot bridge. The project would create an embankment and properly graded trail that is ADA compliant. It would be maintained by the Town of Ithaca. Unfortunately since it was bid for work they have already had one increase and now another by $180,000. It started as a $675,000 project with the County putting $35,000 into it. Cornell and the Town of Ithaca are also contributing and there is state and federal money. It is now is up in the air whether it can move forward. There is a short time window in which to decide whether there will be enough funds to make it work. It has been brought to Cornell and Ithaca’s attention. It is a nice project, but it is in trouble. This project would also widen the abutments on the road to provide for safer pedestrian and bicycle traffic. TB 2-18-2016 Page 13 of 18 There isn’t one particular thing contributing to the additional expense. M Lane said he is concerned we will see more of this and that contractors may not sharpen pencils as well with knowledge that federal funds are on the on the way. Ithaca Neighborhood Housing recently had to stop a project because the cost got so high the units became unaffordable. He cautioned that municipalities should be sure of estimates before making a commitment on a project. Supv Leifer asked whether the Red Mill Bridge numbers are certain. Currently the town’s share is at $350,000. M Lane said he isn’t positive but thinks it is good . M Lane reported that TC3 is going to build a new daycare center with places for 80 children including infants. Ninety percent of the spaces will go to students for childcare and some to faculty members. This will be a new free standing building on the right of the drive as you approach the college. It blends with the early childhood development courses taught at the college. It frees up space in the main building. It is a 5.5 million dollar project including reconfiguration of the space currently occupied by the daycare center. Fifty percent will be paid by the state and the rest will be privately funded. There will be no contribution by the counties. UNFINISHED BUSINESS Amend purchasing policy – Supv Leifer explained that an incorrect draft had been used for the organizational meeting. Rather than require a purchase order for purchases in excess of $500, department heads will need approval of the supervisor or bookkeeper. He presented a resolution to make that correction. RESOLUTION #56 (2016) - AMEND RESOLUTION #21 of 2016 – PURCHASING POLICIES Supv Leifer offered the following resolution and asked for its adoption: Resolved that the Town Board of the Town of Dryden Repeals the following Paragraph from Resolution #21 of 2016; “Purchase orders are required for any purchase in excess of $500, with the exception of the Highway Department, where the limit shall be $10,000. Purchase orders will not be required for standard monthly purchases for parts/supplies, and vehicle/equipment repairs unless specifically requested by vendor. Prior approval of either the bookkeeper or the Supervisor is required for purchases of equipment or software (i.e. computers, printers, monitors, copy machines, and items that will be added to the Town’s capital asset list) and employee training/conference attendance that involves overnight lodging.” And replaces said paragraph in Resolution #21 of 2016 with the following paragraph: “Approval of the Supervisor or Bookkeeper is required for any purchase in excess of $500, with the exception of the Highway Department, where the limit shall be $10,000, and with the exception of the Town Clerk/Receiver of Taxes, where the limit shall be $2500. Prior approval will not be required for standard monthly purchases for parts/supplies, and vehicle/equipment repairs unless specifically requested by vendor. Prior approval of either the bookkeeper or the Supervisor is required for purchases of equipment or software (i.e. computers, printers, monitors, copy machines, and items that will be added to the Town’s capital asset list) and employee training/conference attendance that involves overnight lodging.” 2nd Cl Lamb Roll Call Vote Cl Sloan Yes Cl Lavine Yes TB 2-18-2016 Page 14 of 18 Cl Cipolla-Dennis Yes Cl Lamb Yes Supv Leifer Yes ADVISORY BOARD UPDATE Planning Board – Cl Cipolla-Dennis reported that the Planning Board took the charge by the Town Board and assigned members to each of the items in the charge. They will evaluate their tasks and will talk about it again at the February meeting. A couple of people came forward with new preliminary site plan reviews in the Varna area. One is for reuse of the travel agency at the Route 366 intersection and the other is Nick Bellasario for a warehouse on Hall Road. Cl Lavine went to the Association of Town conference in New York with a question about how to handle alternates on the Planning Board. She reported that she was told that the town board writes the rules and can dictate whether an alternate has equal status at the table. The town needs to clarify its position. It was noted that the Planning Board alternate was delegated responsibilities with regard to the Town Board’s charge. The sense of board is that alternates should have an equal voice and Cl Cipolla-Dennis will relay that to the Planning Board. Conservation Board – no report. Recreation & Youth Commission – no report. Ag Committee – Cl Lamb reported at their most recent meeting they discussed updating the Ag Plan and incorporating input from farmers. They set two dates for meetings (March 1 and 29) to gather input. George Frantz has previously done work in Dryden, did the Ag plans for the Towns of Lansing and Nichols, and is highly qualified. He will be submitting a contract for his services to review the town zoning as it relates to agriculture. The Supervisor will need the authority of the board to sign the agreement for an amount not to exceed $5,000. The funding will come from the Ag and Markets grant the town received. Cl Lamb said this will help protect land that is particularly good for farming from being mixed up with other development. Certain areas will be designated as Ag zones to keep competing interests out of the zone. Town zoning also should match Ag and Markets regulations. Cl Lavine remarked that she had asked attorneys at the Association of Towns conference about the situation we have with Paul Cook’s barn and was told the town has no liability unless it is an obvious attractive nuisance in the middle of where people are. Moreover, the farm, being an Ag asset, isn’t subject to the same rules as non-ag buildings in disrepair. RESOLUTION #57 (2016) – AUTHORIZE CONTRACT WITH G FRANTZ FOR ZONING REVIEW Cl Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the Town Supervisor to execute a contract with George Frantz to review the town zoning with a view toward its compatibility with NYS Ag and Markets regulations. 2nd Cl Cipolla-Dennis Roll Call Vote Cl Sloan Yes Cl Lavine Yes TB 2-18-2016 Page 15 of 18 Cl Cipolla-Dennis Yes Cl Lamb Yes Supv Leifer Yes Solar energy legislation – Cl Lavine said she attended sessions on solar while at the AOT conference. She knows that M Geldenhuys was very involved in legislation for the Town of Ulysses and S Brock has for the Town of Ithaca and we should take advantage that. She asked whether the County had looked into this. M Lane said the PACE program has a model law. She suggested the Planning Board should look at what has already been done. Supv Leifer said getting them this information would be good when they look at amending what we have in place. M Robertson said the County has some suggested best practices that would be available to towns. Their work plan is full, but it could be requested. She suggested that TCCOG could take this up. NEW BUSINESS Local Government Efficient Grant Supv Leifer said this resolution is to support the County’s application for funding through the NYS Consolidated Funding Application to initiate a new project focused on building code and permitting records management. RESOLUTION #58 (2016) SUPPORT TOMPKINS COUNTY’S LOCAL GOVERNMENT EFFICIENCY GRANT APLICATION Cl Leifer offered the following resolution and asked for its adoption: WHEREAS, Tompkins County intends to apply for funding through the New York State Consolidated Funding Application (CFA) for monies to initiate a new project focused on Building Code and Permitting records management and processes to increase efficiencies in local services and data/records collaboration through local government shared services model and the support of related to records management systems, and WHEREAS, the Dryden Town Board has supported the Tompkins County in previous funding applications and looks forward to future opportunities for new shared services initiatives and inter-municipal cooperation which result in savings for its constituents, and WHEREAS, the Town of Dryden anticipates cooperating with and joining in future shared services offered and/or supported by the County whenever feasible, now therefore be it RESOLVED, that the Town of Dryden does hereby fully support the Tompkins County in its pursuit and application for funding for shared services through a Local Government Efficiency Grant. 2nd Cl Cipolla-Dennis Roll Call Vote Cl Sloan Yes Cl Lavine Yes Cl Cipolla-Dennis Yes Cl Lamb Yes Supv Leifer Yes Appt Vice Chairs for Conservation Board The board has received a recommendation from the Conservation Board for appointment of vice chairs. TB 2-18-2016 Page 16 of 18 RESOLUTION #59 (2016) – APPOINT VICE CHAIRS FOR CONSERVATION BOARD Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby appoints Milo Richmond as First Vice Chair and Steve Bissen as Second Vice Chair of the Conservation Board for 2016. 2nd Cl Lavine Roll Call Vote Cl Sloan Yes Cl Lavine Yes Cl Cipolla-Dennis Yes Cl Lamb Yes Supv Leifer Yes Support Finger Lakes Land Trust purchase Cl Lamb said the town was approached about this because the property is in Dryden. Finger Lakes Land Trust has asked the town to support its request for funding from the County. RESOLUTION #60 (2016) - IN SUPPORT OF FINGER LAKES LAND TRUST REQUEST FOR FUNDING FROM THE TOMPKINS COUNTY CAPITAL RESERVE FUND FOR NATURAL, SCENIC, AND RECREATIONAL RESOURCE PROTECTION Cl Lamb offered the following resolution and asked for its adoption: Whereas, property owned by Ted and Marilyn Petkov has been recognized by Tompkins County Planning as a conservation priority due to the fact that it encompasses the entirety of a county - designated Unique Natural Area and a portion of another; and Whereas, said property also contains more than 11,000 feet of frontage on Six Mile Creek and its tributaries and includes approximately 12 acres of wetlands; and Whereas, this property hosts a portion of a hiking trail that provides access to a scenic vista point on Six Mile Creek that has traditionally been accessible to the public; and Whereas, this property is adjacent to a Cornell Plantations natural area and is located in close proximity to the Finger Lakes Land Trust’s Roy H. Park Preserve and Hammond Hill State Forest; and Whereas, the Finger Lakes Land Trust has secured an agreement to purchase approximately 125 acres of the 140 acre property for $250,000 with the intention of managing the site as a public conservation area with continued use of the hiking trail on the property that has traditionally been used by the public; and Whereas, the Land Trust seeks a grant of $40,000.00 from Tompkins County’s Capital Reserve Fund for Natural, Scenic, and Recreational Resource Protection; and Whereas, the completion of this project will benefit the citizens of Dryden; then now be it; Resolved that the Dryden Town Board supports the Finger Lakes Land Trust request for funding from the Tompkins County Capital Reserve Fund for Natural, Scenic, and Recreational Resource Protection to support the acquisition of a portion of the Petkov property. TB 2-18-2016 Page 17 of 18 2nd Cl Sloan Roll Call Vote Cl Sloan Yes Cl Lavine Yes Cl Cipolla-Dennis Yes Cl Lamb Yes Supv Leifer Yes Budget modifications The board has been provided with and reviewed the 2015 end of the year budget mods. RESOLUTION #61 (2015) – APPROVE BUDGET MODIFICATIONS Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the following modific ation to the 2015 budget: From To $ 514.89 A1990.4 Contingency A1110.102 Court Clerk 1872.14 A1990.4 Contingency A1110.103 Court Clerk 113.20 A1990.4 Contingency A1110.105 Court Security 3.02 A1220.102 Secretary A1220.103 PT Bookkeeper 9739.86 A9060.8 Med. Insurance A1430.1 General Time 141.22 A1670.401 Office Postage A1660.401 Office Supplies 2439.74 A1990.4 Contingency A1680.2 IT Equipment 1620.78 A1990.4 Contingency A1910.4 Unallocated Insurance 39434.17 A8020.106 Planner A8020.101 Planning Director 390.00 A8030.4 Research A8030.405 Crosstown Water 4270.00 A9010.8 Retirement A9040.8 Workers' Comp 1015.51 A9010.8 Retirement A9050.8 Unemployment 1030.61 B1990.4 Contingency B1430.1 Personal Services 1830.00 B9010.8 Retirement B9040.8 Workers' Comp 1388.74 DA9010.8 Retirement DA9030.8 Soc. Security 647.00 DA9010.8 Retirement DA9040.8 Workers' Comp 325.01 DA9010.8 Retirement DA9089.8 Medicare 2893.53 DB9010.8 Retirement DB9030.8 Soc. Security 647.00 DB9010.8 Retirement DB9040.8 Workers' Comp 234.01 DB9010.8 Retirement DB9089.8 Medicare 2nd Cl Sloan TB 2-18-2016 Page 18 of 18 Roll Call Vote Cl Sloan Yes Cl Lavine Yes Cl Cipolla-Dennis Yes Cl Lamb Yes Supv Leifer Yes Payment outside of abstract Supv Leifer explained that the 2016 taxes collected for the McLean Fire District was omitted from the abstract and asked for approval for payment now. RESOLUTION #62 (2016) – AUTHORIZE PAYMENT OUTSIDE THE ABSTRACT Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes payment outside the Abstract to the McLean Fire District for taxes collected on their behalf in the amount of $45,467.00. 2nd Cl Sloan Roll Call Vote Cl Sloan Yes Cl Lavine Yes Cl Cipolla-Dennis Yes Cl Lamb Yes Supv Leifer Yes There being no further business, on motion made, seconded and unanimously carried, the meeting was adjourned at 9:07 p.m. Respectfully submitted, Bambi L. Avery Town Clerk