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Home My WebLink About2017-03-16TB 3-16-17 Page 1 of 22 TOWN OF DRYDEN TOWN BOARD MEETING March 16, 2017 Present: Supervisor Jason Leifer, Cl Daniel Lamb, Cl Linda Lavine, Cl Kathrin Servoss Absent: Cl Deborah Cipolla-Dennis Elected Officials: Bambi L. Avery, Town Clerk Other Town Staff: Susan Brock, Town Attorney Dave Sprout, Code Enforcement Officer Kevin Ezell, Code Enforcement Officer Jack Davison, Recreation Assistant Supv Leifer called the meeting to order at 7:10 p.m. Board members and guests recited the pledge of allegiance. TOWN CLERK RESOLUTION #49 (2017) – APPROVE MINUTES Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the meeting minutes of February 9 and February 16, 2017. 2nd Cl Servoss Roll Call Vote Cl Lavine Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes PUBLIC HEARING SPECIAL USE PERMIT APPLICATION OF SUN8 PDC, LLC (C/0 DISTRIBUTED SUN, LLC) 2150 DRYDEN ROAD AND TURKEY HILL & DODGE ROAD SITES Supv Leifer opened the public hearing at 7:12 p.m. and explained where the sites were. He said the board would not vote tonight. There will be a presentation by the applicant and then comments will be taken from the public. Comments will be limited to 3 minutes and speakers are not allowed to give their unused time to another speaker. PUBLIC HEARING PROPOSED LOCAL LAW AMENDMENT TO ALLOW FOR ALTERNATES ON THE CONSERVATION BOARD Supv Leifer opened the public hearing at 7:15 p.m. Charles Smith said he has been a member of the Conservation Advisory Council and the Conservation Board for sixteen years, serving two years as Chair of the Conservation TB 3-16-17 Page 2 of 22 Board. While he applauds the intent of the amendment to the local law that created the Conservation Board, he decries the manner in which it was done, with absolutely no consultation with the members of the Conservation Board, absolutely no communication with the Conservation Board, and its implementation against local laws for 15 months, illegally, by this board. Supv Leifer explained this will add alternates to the Conservation Board, as the Planning Board has, so when there is a lack of quorum or someone cannot vote due to a conflict of interest, or they recuse or abstain, the chair can choose among the alternates to fill that voting position. It is permitted by state law. Our town attorney reviewed the proposal and made some amendments, so the board will likely vote on this next month because the suggestions are substantive. The intent is to allow the board to function when there otherwise would not be a quorum. Supv Leifer said it was talked about the beginning of last year, but we didn’t get around to it until the end of 2016. He did meet with members of the Conservation Board and went to one of their meetings to explain it. At the time they did not seem opposed to it. There is no intent to violate any laws. Because we do have alternates who participate regularly, the idea is that when there is a vacancy to draw on them to fill vacancies of the full members. Bruno Schickel suggested the board strike the part that allows an alternate to vote if a member abstains. Supv Leifer said the board will review the changes suggested by the attorney. They are substantive, so the board will not vote tonight. The hearing was left open. Solar presentation – Bharath Srinivasan of Distributed Sun said this is the largest public hearing they have attended in the State of New York. Distributed Sun is based in Washington, DC and has doing business in NY since 2012. When the concept of solar began in New York in 2012, Distributed Sun and other co-petitioners asked the PSC to review remote net metering. The theory behind that is those that don’t have accessible solar or accessible rooftops need the ability to use solar energy from some remote location. That was approved and opened the way the industry has grown in New York up to this point. I n 2015-16 they asked the PSC to address another rule where the previously approved concept of remote metering was not economically viable for residential solar customers. So the present regulation called community distributed solar allows arrays to be built at a remote location and the electricity to be absorbed by residential customers within a defined geographical area. The first of the projects they did was the project by the Tompkins Regional Airport. There was no protocol to regulate a solar array of that size and it took nearly two years to get that in place. It gave them a sense of appreciate for what home rule meant. In most other states these projects happen at the county level or state level. Distributed Sun was formed in 2009 by two entrepreneurs who decided to invest in the solar industry. They have a very down to earth set of senior leaders in Washington, DC. New York in the mid 1990’s approved through the PSC a law called 66j. That law gave rise to what is called net metering – the ability for a customer to put a solar array in place and have the electricity move through them. The concept is it moves the meter forward when you are producing electricity and putting it back in the grid and rolls back when you are drawing electricity at night. From that point it has now moved to community solar. The utilities have long argued that solar is unduly incentivized. New York has some groundbreaking legislation and these projects are now under a regulatory structure where they are forced to compete. TB 3-16-17 Page 3 of 22 B Srinivasan displayed other projects they have built in New York. They showed the project at the airport built around a 3.5 acre wetland and that wetland was not disturbed at all. In Harford the array is built on a 15% slope. In Ledyard they also built a 30 acre array near a wetland and didn’t take an inch. The wires are such that they don’t disturb either t he drainage path off the wetland or the wetland itself. Near the airport in New Jersey, they built an array over a parking lot and it has been operating successfully for over four years. A video of a fly over of the Harford and Ledyard arrays was show n, as well as a slide that demonstrates that an array doesn’t cause as much glare as a body of water. Panels are spaced so as not to alter the runoff on the property. Distributed Sun has paid for a decommissioning study to demonstrate what happens at the end of a solar arrays generating life. They presented a video of how the foundations are installed, building the array and decommissioning it. The life span is about 35 years, and 97% of the materials are recyclable. Cliff Sheer, Development Director at Distributed Sun, presented plans for the Ellis Tract, the area near Stevenson Road and Turkey Hill Road. They are planning two clusters of 4.5 community solar sites. Each produces the equivalent electricity for 500 houses over the course of a year. The PSC regulation for community solar has been met. They are able to sell to residential customers who wouldn’t otherwise be able to purchase solar or have arrays on their house. The panels are 8’ at the highest end, lower than a one story building. Both this site and the one at 2150 Dryden Road are set back from public roads. There is no plan to grade the sites, which would cost money and impact runoff. They have looked closely at the topography and engineering has been done to minimize grading. The only concrete would be a 10’ x 15’ pad; one for each of the systems. The topography will be left intact. Grass is kept low by use of sheep or mowing 4 times per year. The area is monitored 24/7 for unusual activity. Surrounding trees are left in place as much as possible. Views of the Ellis Tract from different spots were displayed. B Srinivasan said the arrays are being installed on property where agriculture is not the primary use. It could be used for agriculture, but is currently being used for other purposes. They propose they will have sheep at these sites just as they’ve done on all other solar arrays in New York. With sheep at the airport site, they haven’t had to use chemicals for two years. Review of fact sheet presented: Electricity prices in New York are 64% of its neighbors, meaning people in Upstate New York pay more for electricity. The electricity from the solar array can be sold to consumers only at the maximum price that NYSEG is currently selling. If this array was in Massachusetts or New Jersey, Distributed Sun would get a lot more. With its incentives New York is able to get developers to do more with a lot less so New York is getting more solar installed. Traffic impact is only during construction. It is less than half of one percent during construction. After construction is complete and the arrays are operating, there is only a planned maintenance visit once a quarter. They propose to complete construction this year. Economic impacts – There are no children added to the school system. There is no added trash. The cardboard packaging is taken to recycling centers. The operation itself does not produce trash. There is no new water demand. The arrays operate silently. The inverters have a cooling fan, and that produces a noise. The panels don’t move; they don’t track the sun. The noise is similar to a humming refrigerator. There is no electrical interference. B Srinivasan said he used a cell phone and credit cards standing right next to one and there was no interference. TB 3-16-17 Page 4 of 22 For all the projects proposed in Dryden there is nearly 4.5 million dollars in grid expenses they have to pay to NYSEG. This is for NYSEG to upgrade the grid to allow them to connect and feed power into the grid. Those costs to upgrade will not be made at th e rate payers’ expense. 94% of the material used in the system is recyclable: glass, aluminum, steel, and copper. The only part of the panel that can’t be recycled is the back sheet of the panel. They are doing approximately 50 more sites in New York. The projects proposed in Dryden collectively have about 300 construction jobs estimated. The sales tax burden is expected to be 1.2 million paid to Tompkins County. $850,000 is the amount of earnings expected locally (at the county level) during construction (small tools, rental, gas purchases, etc.) The energy is being sold to a customer base that ranges east of Yates County all the way to Cortland County and the Pennsylvania border all the way to Cayuga County. They propose to sell the electricity at a discount of 10%. It’s a mix of how long a person wants to buy electricity for and what their current credit is. They’ll take customers with credit scores down to 650, and are working with their lenders to roll that out. That 10% savings over a 30 year period is 14 million dollars. Collectively there is a solid economic benefit to the community. For each dollar of federal tax credit (incentive for solar or wind systems) over the thirty-year life, they pay back $1.40 in taxes (state and federal), so it is really a loan, not a subsidy. The Dryden Road site was displayed and explained. It is a couple hundred feet from the cemetery. The arrays are being proposed in a 157 acre property. They will install around the pond and the buildings. There is also an area on the north side of Virgil Creek. They are leaving the railroad bed in place and will not encroach on that. A small portion of the site is visible from Irish Settlement Road. There are two areas that are visible from Hart Road. They are not proposing grading other than removing some trees. The topography will remain much as it is. Stormwater controls will be in place during construction. They would like to do this project this year because there is a 30% incentive now and that may change next year. Distributed Sun is willing to do another information session. B Srinivasan encouraged the public to contact him directly with questions if they wish. Supv Leifer said the public hearing will not be closed tonight. Comments and questions can be emailed to the board prior to March 30 when the board plans to address this again. Carey Brindisi, 344 Turkey Hill Rd, would like the board to move carefully and slowly. This is a large project and her property is directly adjacent to it. Her property and others in the documentation are incorrectly listed as Cornell property. The sites labeled S4 and S5 appear to change in location between sheets in the application. It appears the project is about 100’ from her house. They need to be firmly established. She is excited about project, but there are huge red flags about actual documentation and location. She would like to see an environmental impact statement or more careful review of the sites. It looks like, depending on the location, you’d have to remove many trees. The applicant talked about the amount of money to be pumped into the local area, but almost all of these properties are owned by Cornell University. Cornell doesn’t pay any tax, so what are tax implications? Someone is making money off of this and she doesn’t fully understand the relationship. Sarah Osmeloski said she is all for solar energy and the establishment of solar farms as outlined at the meeting at the fire department last fall. 2MW per parcel that were suggested and what is written in NYS law seems reasonable. However, she objects to project at 2150 Dryden Road because it is just too big. It circumvents our law by requesting a subdivision and changing that parcel to six separate parcels. To make matters worse, the proposed subdivision is in violation of Dryden’s subdivision laws. A little may be good, but more is not better. Currently there is a herd of deer that live at 2150 Dryden Road along with 50 plus wild turkeys, pheasants, woodchucks, raccoons, at least two dens of red foxes, beaver, geese, TB 3-16-17 Page 5 of 22 multiple species of song birds and hawks, and turtles and snakes. Where will these creatures live if Distributed Sun is allowed to pave 75 acres of their home in glass? If Joni Mitchell were here she’d sing “They paved paradise and put in a solar farm”. Joe Osmeloski, 2180 Dryden Road, said besides the cemetery his land will be most affected by this project. He thanked Brad Perkins for the article in paper and read a portion of it. A lot of people here probably have relatives in the cemetery and he is n ot sure when people bought the plots they planned on being surrounded by a solar farm. History is a good way of predicting the future. This entire board is democrats and runs on the “Protecting Dryden” line. Protecting Dryden’s website says: We protect Dryden through thoughtful town planning, through maintenance of infrastructure, and with updated emergency services. We remain committed to protecting our natural resources and Dryden’s rural character. We protect Dryden by balancing our budget and promoting our town as a place to work, play, and live. A lot of people here probably voted for this board and hopes you stick with protecting Dryden. At the October meeting at the fire hall the entire discussion was about where to put 2MW systems and how to fit them into the rural character of Dryden. He is in favor of solar in 2MWsystems. But somehow because of circumventing the law, these 2MW systems have now turned into 8 to 18 MW systems. You can’t hide those. He is completely against this program. He doesn’t know what it will do to his property values. Nancy Couch said she is a lifelong resident of Dryden, has a plot in the cemetery and several relatives buried there. She is not sure this is the right location for a solar farm. Ed Couch also has family members in the cemetery. He is a veteran. We have a lot of veterans in that cemetery. We should honor our veterans by keeping these things out of sight of the cemetery. They are too close. Robert Kuehn, 1150 Ellis Hollow Road, said he is 110% behind solar and the town is to be commended by considering it. Dodge Road is more than a connecting road between Ellis Hollow Road and Stevenson Road. It is a park and a wildlife refuge. Local people go there, and people come from all over to walk there. It is one mile long and there is not a place in the county where you could see more wildlife than you see there. There are bobcats there now. Last year saw a woodcock drumming. They have eagles. There are turkeys. If a fence is built on the road, how will they migrate back and forth? There are many different birds there. They used to have more deer, but Cornell paid jacklighters to thin out the deer population. There are beaver in the brook and golden eagles in the trees. There is a combination of water, conifers, hardwoods, fields and bushes. In spring, summer and fall people go to watch the clouds and sunset across south hill. He doesn’t want a fence there. It would be like standing outside of a prison. You could say he is a NIMBY, but he is not the only one. People come from all over to visit there. It’s like wild kingdom. To destroy it would a travesty and be a scar on the landscape. Bob Shindelbeck, 1102 Dryden Road, said he is concerned with the Ellis Tract. When he saw the maps he was concerned that it was so visible. No one wants to be imposed upon by the big array. People are concerned about the wildlife and visual impact. He proposed the board consider higher criteria on the siting and the importance of finding a good place first and consider how visible it would. It’s kind of going backwards. Rather than say here’s a road, put it here. It might be an interesting proposal, but it might b e the worst place for it. Siting needs to be considered. People want it, but not in a spot that isn’t right. Holly Payne, 398 Ellis Hollow Creek Road, said she is a 6th generation Ithacan, mother of 3, and her kids went to Ellis Hollow Nursery School. She can’t see the volatile organic compounds (VOCs) that come out of the Borger station. Her ancestors were here at the beginning of the industrial revolution and as a consequence of pulling the fossil fuels from the ground, we are now facing violent threats for global warming across the planet. The Dryden TB 3-16-17 Page 6 of 22 board has been exemplary because we were the first town to put a ban on fracking. She looks to the town board for leadership and is proud to live here. She l ives within one mile of the Borger station and would rather have solar panels upwind of her than that or any kind of fossil fuel network or infrastructure. She understands the problem of NIMBY and wants to help people figure out what it is that’s really around us and fossil fuel impacts. If we have a proposal to do this properly, she urges the board to do all the mitigation necessary to bring in solar arrays in the right proportion and with the right viewsheds . She believes there can be wrens nesting underneath the solar panels. She also understands that they are butting up to people’s land and ruining viewsheds. She gets it, but please remember we are trying to get rid of the fossil fuel industry for our children. Mahlon Perkins asked whether the board has determined that the application is complete. Supv Leifer said no, they haven’t. M Perkins asked why they were public hearing. Supv Leifer said the planner determined that, but we are here to figure out whether it actually is. He has questions for the planner, but he is not here tonight. M Perkins asked if subdivision was required because of the way they are maximizing the use of the property and if was approved. The response was not yet. M Perkins asked if the cart was before the horse. Shouldn’t we wait to see what the planning board does before considering conditions and so forth? Supv Leifer said the board is not voting tonight and people want to talk about it. M Perkins said he would like to see a complete application so we knew what was being discussed. M Perkins said he believes runoff will increase. Impervious surfaces will increase runoff, so that’s a stormwater issue. There will be increased runoff. M Perkins asked where the panels are manufactured and applicant responded they are manufactured in China. M Perkins said the solar law states that no special permit for ground mounted large scale energy systems shall be located in areas of potential environmental sensitivity, unique natural areas, flood plans and historic sites, unless otherwise approved by the Town Board. The Willow Glen Cemetery is probably the most prominent important historic site we have in town of Dryden. He hopes that is taken into consideration when the board looks at the scale of this project and the appropriate mitigation. He also stated the law says no special use permit can be granted unless the applicant demonstrates a design and construction which minimizes the visual impact. He asked if the commercial design guidelines have been followed and if they have been addressed. Supv Leifer said they will address that. Sharon Ordway, 178 Yellow Barn Road, said she is opposed to the facility proposed at Willow Glen. She has several family members there. It is a historic site. It will have a big impact. Dryden is concerned with preserving green space. She has attended a conservation board meeting where they were telling people what they may do and not do with their property and now you are taking a big space that may have a tax impact on us. It will permanently change the landscape of Dryden, replacing it with 75.5 acres of black g lass, metal and wire fencing. Is this the view and impression that you want people to see driving through our community? She doesn’t think it is a selling point for people looking to relocate here. She is not opposed to solar energy, but for those forward thinkers, maybe this should be put in their back yard. Gin Mistry, 1159 Ellis Hollow Road, said she and her husband are concerned with the size of the project, its impact on the existing abundant wildlife, and the possible degradation of TB 3-16-17 Page 7 of 22 Cascadilla Creek. They request a thorough environmental impact study, a smaller scale project, open space for wildlife and make other suggestions. See attached letter Brad Perkins said he has lived here all his life. Several generations of his family are buried at the cemetery. For the past 18 years he has been President of the Willow Glen Cemetery Board of Directors. He is responsible to 7500 people who are buried there and 2400 lot owners who have been given the right of burial, the right of memorialization and the right to visit their loved ones’ graves in a peaceful setting. 300 jobs will be created during construction and when it’s done there is no labor required. So we get 300 jobs for part of a year. He is alarmed that the town board has crafted the ordinance that allows for this sort of thing after these folks came to Dryden and asked for accommodation. We’ve bent over backwards to do that. He asked that the Town Board require the applicant provide a Visual EAF for both sites. On the Willow Glen site there are several wooded areas. They will clear the trees and vegetation. They will increase the view so that people visiting graves will have better view of the solar arrays. Previously there was no zoning for this, but we made zoning to accommodate them. This will affect the cemetery’s revenue. People coming to purchase graves there may go somewhere else because they don’t want the view of a solar farm. A cemetery should be considered a sacred place. It’s a historic place; a place of reflection. It’s a place where for 200 years Willow Glen cemetery visitors have been able to stand on the highest ground and see to Groton, Cortlandville and almost to Harford. In that view now toward Freeville, Groton, and Cortland will be many acres of solar panels. He doesn’t want to see that when he goes there. The cemetery association is investigating and preparing for green burial. People that want to visit those sites will be looking at solar panels. We fought away renewables like wind generation alternative energy sources. We fought away drilling for gas and oil. We should think as a town board and as citizens whether this is the right spot for this solar farm. He’s with everyone who wants solar and lower electric bills, but he isn’t sure he wants it in view of the cemetery. The public was not given a view of the fence that is proposed. He’s been told the fence is tall and has razor wire on it that looks like a prison. Craig Schutt said he has lived his entire life in this town as has most of his family. He believes the cemetery is a sacred place. He has many ancestors, relatives and friends there. To do this and degrade this site is a bad idea. He’s all for solar in the appropriate places, but doesn’t think this is an appropriate place. You can see the site in Harford, but it is in a much more appropriate place. He doesn’t want to see solar panels every time he goes to the cemetery. It is his understanding they will get a big tax break. We need industrial development in this town that will bring taxes in. That’s what you promised when you were elected, that you would work on that, and I don’t see it happening. Instead we’re gi ving breaks for big industry. Where else in a conservation district could you put industrial development? This is industrial development, and you made special provisions for them. He’s all for solar and thinks it is a great thing, but we need to look at better sites. Leslie Appel, a local veterinarian and a Cornellian and the property owner at 78 Dodge Road, right across the street from the proposed panels and fences. She absolutely believes in solar energy and a better environment. She hopes that her kids go to Cornell and enjoy the same view from her Dodge Road home that she has enjoyed for the last 20 years, but is absolutely opposed to this project in the current locations. She was unaware of the issues with the cemetery, but you can see from the emotion in the room and the number of people that have commented, it’s not that we’re against the proposal. We are against the locations of the proposal. Dodge Road is more than just a road with a few houses. It is a place where the Skunk Cabbage Annual Road race is held. People walk on that road. There is a giant S curve so there are hardly any cars or traffic. People walk dogs, ride bikes, rollerblade; they do everything on Dodge Road. To lose Dodge Road’s ability to have people and animals and wildlife TB 3-16-17 Page 8 of 22 all enjoying it without fencing and solar panels would really be a shame. The applicant kept making the point that its other projects can’t be seen from a municipal road. Dodge Road is a public road and we would definitely see the project . Her house is less than 100’ from the project. The applicant stated that from 100’ you could hear a humming like from a refrigerator, and she believes her house is less than 100’ so will she hear a humming from the panels? She is in favor of solar, but thinks this location is not in the best interest of the town and the wildlife that are there. Dave Bradley, Village of Dryden, said this is going to be a huge investment for investors and a large source of revenue for whoever owns the land. The town should keep that in mind because this is a very large commercial venture. There is a lot of money involved and it would be a shame for the town to do this and not collect a lot of money if it is going to be done in a certain way. He asked what the proposed PILOT fee would be for this and if there is an environmental impact statement for the project. To have such a large solar array made with slave labor produced solar panels is pretty appalling. There are plenty of manufacturers in the United States. If we want to prevent the export of our dollars to China to purchase the cheapest solar panels and insist that some of this money remains in America, that should be addressed. This is a large commercial transaction, several hundred acres, roughly 50 to 100 million dollars in outlay. Given the scale and volume of dollars, he hopes the town would be very well off and not have to raise taxes for other reasons. He advised the board to not feel pressured because they are in the driver’s seat. They will make a lot of money on this and the investors will try to avoid paying federal taxes. That’s how it works, so don’t be buffaloed. Insist an EIS get done. You could ask for made in America parts and that multiplies the value of this to our country significantly. Gina Cacioppo said she is married to electrician and is totally for solar because it will help reduce use of fossil fuel. She doesn’t feel this is the proper location. There are other things that exist, such as a solar flower, that maybe we should se ek town permission for. They are feasible, $16,000 to $20,000 they can be on your individual property. All of this to endanger wildlife for a 10% savings on our electric bill? We can do better than that. Nancy Munkenbeck stated one of the sites displayed on Turkey Hill Road is beautiful ag land. She is all for solar and lowering fossil fuels. It’s all trade off. She has sheep next to the solar site. She noted fences won’t keep the coyotes out and animals can get through to some extent. She asked M Perkins’ question. For the special use permit it must have solar collector surface area measured in the horizontal plan, and asked how that was measured. There was no response. Shirley Price, 287 George Road, is directly across the road from some of the solar panels. She can’t believe they would put panels there because she thought it was a wetland. The land has flooded the past and she can’t imagine solar panels would withstand the flood. She also owns a plot at Willow Glen Cemetery. She objects to a solar farm so close to her property. There are deer and turkey in the field across from her house. She doesn’t want to see any type of fence. She has a repair garage next door that the town allowed. Now they want to put solar panels across the road, and a walking trail right past her house. She isn’t sure any one of those three has enhanced her property. Please find someplace else. Charles Smith said he has been a Dryden resident for more than 40 years. He also served on the Town’s Conservation Advisory Council and Conservation Board for the past 16 years with two years as chair of the Conservation Board. He is a naturalist educator and conservationist with more than 50 years experience studying plants and animals, especially birds. He submitted and read the attached comments. TB 3-16-17 Page 9 of 22 Daren Miller, 74 Dodge Road, said his father purchased this property in 1976. They built a house and have lived there since. They bought it because Cornell owned the property across the road and the zoning is residential and they thought it would never be built up. They bought a large parcel so no one would be close and lived there because they like the rural setting. They expected it to never change because of way it was zoned. The board is now trying to do 180 degree turn and ruin their quality of life. Most of us are in favor of solar, but the siting of this project sucks. All the land in the Ellis Tract is owned by Cornell University and they aren’t even here tonight. Everyone stands to make money at the neighbors’ expense. Cornell owns a lot of acres in the town and if they want to do this project, they can find a spot where it won’t bother anybody. It could be way on top of Mt Pleasant. There’s nothing up there. It would be a breach of trust between the board and its constituents to allow this to come in and ruin part of our community. It will change lives forever. Right now he looks out his window and sees fields. In six months he’ll see solar panels that he could throw a rock at and hit. The board won’t. Put yourself in his position. Allen Fulkerson, here as a board member of Willow Glen Cemetery, said many generations of his family are buried there as they settled in Dryden in 1811. He is not against solar, but the continuing theme is the site next to the cemetery is not the place for this kind of a project. The project will greatly impact the rural setting. It will impact the revenue stream of lot sales that sustain the cemetery. He is concerned with the removal of vegetation, especially that next to the cemetery. If the cemetery cannot sustain itself, the town will absorb the cost without any choice, because if the cemetery fails, the town taxpayers take over the cemetery. Richard Maxwell, 34 Turkey Hill Road, thanked Supv Leifer for his letter to FERC in relation to the Borger station. He sees that as a context in which it is important to view solar panels. He put solar in his backyard, but it seems it’s a question of scale and placement. His wife and he struggled a bit with the concept of defacing their back yard and having a panel as part of the fixture there. He noted there really wasn’t a complaint made with respect to the north segment of Turkey Hill road area. So it may be that some elements of the plan are still reasonable in terms what people are complaining about . He didn’t look as closely at the area around the cemetery. It may be there are ways that some elements of this can work and some others can be repositioned. It’s important to commend the board for not just resisting the growth of fossil fuels, but also looking at alternatives such as solar. Bruno Schickel asked:  The size of the Harford site - 20 acres.  Total cost of the two projects proposed in Dryden - 50 million dollars.  How much in property tax will be gained by the town? – To be negotiated.  Why are they not paying property tax like everyone else - They will either pay tax or a PILOT will be negotiated. Supv Leifer explained Real Property Tax Law provides that if a taxing jurisdiction fails to notify the developer within 60 days of their intent to either negotiate a PILOT or charge real property tax, then they would be exempt. The Town has sent that letter and it will be one or the other. There is also an issue of the TCAID PILOT that is being discussed. So there is a lot going on with that.  What would this be called if it weren’t 2MW sites on separate lots hooked together? Just a regular electric facility. B Schickel said then it would be taxed like a utility.  Would you be able to charge more or less if it were a utility? You can’t charge more than a utility. You’d have to charge a lot less and the product would not be viable. B Schickel said feels like the town is involved in a deception and a fraud. To subdivide spots into two acre spots and daisy chain these 2 MW community solar arrays together, which is creating a utility, you should think about what you’re doing. TB 3-16-17 Page 10 of 22 David Bravo-Cullen said he is a 33 year resident of the town. From a tax perspective, we need to collect taxes from power generators of all types – oil, gas, coal, wind and solar. The impact is the power that comes to the grid. It doesn’t matter where it come s from and it needs to be taxed. Taxpayers should not subsidize a particular type of power because certain people like it and it makes them feel good. He is an architect and builder and deals with issues of appropriateness of site all the time. An array of solar collectors that is more than a few collectors on someone’s house is really a commercial/industrial use and should be treated like that and very likely be in an area zoned for commercial or industrial; not an agricultural or conservation area or an area that has rare species of plants, etc. It seems like it is more appropriate to put collectors over places like parking lots and roofs of industrial buildings. There is a lot of parking lot space at Cornell and TC3 that could have solar collectors. The parking garages in downtown Ithaca could have solar collectors on them. There are a lot of appropriate sites that are already open because they are parking areas. Jacques Schickel said he sees a great future for Republicans in Dryden if this project gets passed. How will this project benefit Dryden? Supv Leifer said this is an industry that will produce property tax with no drain on services. He asked if the PILOT was a onetime payment and Supv Leifer responded it is a yearly payment. J Schickel asked when we would know the amount. Supv Leifer responded that none of these properties are producing anything beyond the actual real property tax collected pursuant to the current use. We can calculate that. Some of these properties are Cornell properties may not be paying anything to the town or school districts currently. The school districts are the biggest part of the tax bill. Dryden School District has opted out of the law, so a project like this that goes in will contribute toward the taxes. Article submitted and attached. Pat Fitzgibbons asked if planned to opt out of the tax exemption. Supv Leifer said the Town plans to charge tax through the regular means or a PILOT. This will generate revenue for the town. P Fitzgibbons noted that tax on a $50,000,000 would be significant and helpful. Cl Lamb noted that the project would not occur if they were taxed at full value. P Fitzgibbons said anything that requires a subsidy to be financially attractive probably shouldn’t exist. Cl Lamb said this is a very light footprint. The Town of Newark Valley opted out. P Fitzgibbons asked about toxicity. B Srinivasan there is a company called Silicon Valley Toxics Corporation that ranks all the solar modules and the stuff that used in a solar array. All the equipment they use has passed their strict test. There is no hazardous waste. P Fitzgibbons said most municipalities require a performance bond for end of life decommissioning and he believes this board should require that. There should be a nonperformance clause that at such time as it is no longer generating electricity it is decommissioned. The US Energy Information Administration has found that solar PV energy is the most expensive form of electricity outside of offsh ore and thermal solar. We are not getting cheap electricity by any stretch of the imagination. These people make a lot of money on our backs. Ethan Ash said he lives at the corner of Dodge Road and Ellis Hollow Road. He was excited that our community was considering solar in a thoughtful way and he is supportive of that. He’s not here as a NIMBY, is wondering why in my backyard? He and his family walk the road everyday and pass the whole community. It’s a community gathering place. Others come there bird watching. It is Cornell’s land, but it feels like a park to a lot of people. There is an emotional connection. Driving over here he sees storage facilities on land that clearly no one cares about. Even before he lived there he felt it was one of the most beautiful places he had ever seen. This is a beautiful field. Solar panels are beautiful for a different reason. He wants solar panels all over this town. Take a moment and think. Maybe this needs to be resized. Maybe we need to think about the fence. Maybe we need to think about how to d o this in a TB 3-16-17 Page 11 of 22 way that is fair for the other side, for the beauty of our region. Take that into account as well. If it turns out this is not the right place, the town can propose other places to this group. Buzz Dolph, 26 Quarry Road, He is probably the only landowner to talk about living close to this and having an effect on him. His land looks directly out across Stevenson Road and up Turkey Hill. He loves his view, but will love it more if the panels are there because he has a township that is willing to accept the fact that the planet is burning up. It is interesting that the people on George Road don’t talk about what is going on at Dodge Road, and the people on Dodge Road don’t talk about what is going on at George Road. The i ssue is that there isn’t a place in Dryden that a road goes by that a power line is going to be to hook these things up where people are not going to live and complain. We all like solar, we just don’t want to see it. How many people have cell phones but don’t want to see towers. At one point or another people have to make a decision. You can have a referendum or you can choose to have collective solar power and people can live with it. He will be proud to look across Ellis Hollow and see solar panels in his town that can help people who can’t otherwise use solar and may be willing to pay more money. It isn’t a matter of whether it is profitable. He has solar panels and they’re probably ugly, but every time he looks at them he thinks he is probably doing the right thing. Martha Robertson said she lives on Ellis Hollow Road closer to Borger, and close to Dodge Road, and drives by Willow Glen. There is a lot of land that is Cornell land but the house is owned by someone else. Cornell pays a lot of tax. It depends on the use of the land and the use of the property. She is not sure why these things need fences at all, but maybe there can be room for the animals, breaks in the fence or something. Maybe you can plant arborvitae and get a big screen in a year or two. There are some important things that could mitigate the impact of these projects. You should do what you can to make these as good as they can be. She is proud that we fought fracking and led that fight. There are people here opposed to Borger. There are people that should be glad that she helped lead the fight against the West Dryden Road pipeline and is trying to work something out with the town of Lansing and the PSC. Change is hard, but change is happening. Did you forget the drought we just had and the blizzard? It is up to us. We have already messed it up almost beyond repair. It is time for us to do our part. If we have to get used to looking at solar panels, she’s ready. It’s time to welcome this. We are going to ask the town board to negotiate the best deal they can, the best deal on screening and fencing or not fencing. We have to embrace this. This is what the future is and if we don ’t do it the right way, it’s already so late. We really just have to accept the future. Mike Lane, a life resident and speaking for himself, not the County, said we need solar. We need to have a community of the whole town. He is very upset to hear anything that would make this a political issue. People here appreciate solar and understand it. Does that mean we have to go full speed into giant solar arrays? No. Does it mean that maybe we have to take time to figure out why the people who want to make money on solar pick particular areas, because that’s where they can get to the substations? Maybe we need to talk to NYSEG about figuring out ways so that more areas that are less visible are accessible to the grid for solar. If you drive in to Dryden on Route 13 from Ithaca and come over the Willow Glen knoll and watch over the valley, you see our high school and community college that we are so proud of as a community and you see that green space that is there because of the water we have. The water that we protected when we came out against fracking early on. We need to look at the scale of these kinds of things. We may need more smaller ones and fewer bigger ones. The Town needs to take that into consideration. Gary Maybee said he is a 44 year resident and his family has been here for hundreds of years. He is 100% for solar, wind and alternative power. What bothers him is why the taxpayers should subsidize these projects. They should be taxed to the hilt. Why this town TB 3-16-17 Page 12 of 22 board can’t seem to get ahead of things instead of waiting until the last minute to propose stuff and then have people come in and fight is beyond him. Why weren’t there laws about the solar panels to begin with? Why are we fighting and arguing now? What does it take for the board to get ahead of this stuff? You took God knows how many years for zoning and are still working on it. Supv Leifer left the hearing open and said there will be another meeting on the 30th at 7:00 p.m. on only this subject. CITIZENS PRIVILEGE (9:35 p.m.) Kary Young said she is here to express her absolute opposition to the Borger expansion. This expansion is part of the Dominion New Market and allowing this expansion supports the increased infrastructure for fossil fuel industries and we don’t want that. She is the mother of two children and just purchased a beautiful property on Genung Road. She has deep concerns about the environmental and health impacts if Dominion is permitted to allow an additional 100 million cubic feet per day of natural gas to run through this facility. She believes it should not be legal, nor is it ethical, to allow this to happen. She did not purchase her home knowing about this expansion. It was very quietly put in place and she wants this expansion stopped. This is a neighborhood with 330 homes within a two kilometer radius of this facility and we know that this is not safe. I urge you not to allow this expansion. Elisa Evett – read and submitted the attached statement. Katie Quinn-Jacobs, 52 Sodum Road, read and submitted the attached statement. Wendy Wolf said she lives less than three miles from Borger and has two kids. She thanked the board for writing to the DEC and FERC about the variance request. She read and submitted the attached statement. She said we need answers to the questions hopes a board task group will take this on. Lisa Marshall said she is a guest in community and lives in Horseheads. She has a master’s degree in earth science from Dartmouth. She is a mom of 3 kids and wife of a retired navy officer. They have lived all over the country and were lucky enough to settle in the Southern Tier. She is a community organizer for Mothers out Front, an organization that helps communities do grass roots organizing around climate change issues. She became involved with the Dominion New Market expansion and is here to give context. The context is that we live on a planet that by the time her kids are her age will not support human life. That’s what we are facing. These are difficult questions. She was touched by all the civic voices tonight. At end of the day everyone wants the same thing: a safe and beautiful world for our kids. We all want places to play, clean air to breath, clean water, sacred spaces and a better future for our kids. She urged everyone to leave this meeting and continuously lobby Governor Cuomo to come up with a comprehensive energy plan for the state so we don’t have to keep coming to these meetings and defending our land, air and water from big companies, whe ther it is a gas company or a solar company. So that we start to own our own future and envision our own energy future for this state. This project, the Dominion New Market expansion, is way beyond this town and really a social justice issue. Other areas where this expansion will be include poor folks who didn’t go to Cornell. They have no voice. There are Amish farm communities that live and breathe these emissions every day and kids at risk. We’ve talked a lot about money and finances and jobs. Climate costs all of us money. It costs us jobs, our health and our kids’ future. Chuck Geisler said he lives down the road from Borger on Ellis Hollow Creek Road. He’s been thinking about how quickly this expansion has gone. It has taken many people TB 3-16-17 Page 13 of 22 living nearby by surprise. In some sense, they’ve learned things after the horses are out of the barn. He commended the board, and said a number of things make him proud to live in this town. He loves the letter written to FERC. The board passed a dynamite resolution last summer asking the DEC to hold hearings on Borger in Tompkins County and extend comment period, that water quality as well as air discharge be considered, that the pipeline’s capacity be studied in depth and detail before any permits were issued, and finally that the greenhouse gas emissions along the entire pipeline be taken into account, including methane leakage. He thinks there’s an opening with Tompkins County, despite the appalling response of the county health department. The County has an energy vision that by 2050 to have an 80% reduction in greenhouse emissions using 2008 as a starting point. Last year the County did a study looking at greenhouse gas emissions between 2008 and 2014 and found that there was a 21% reduction in greenhouse gas emissions if you didn’t taken leakage into account. If you did, we went backwards 82%. If Borger is approved that 100 million cubic feet of gas jammed through the system a day – forget the energy vision. It will be wiped out and impossible from now on. He suggests that the town work with Tompkins County to get to the DEC. They have a very enormous vested interest in seeing that their energy visions succeed. (see attached) Mary Alice Kobler, with Mothers Out Front, presented a brochure they have prepared. She lives outside the two mile radius but have friends who do live there. She knows two children who suffer from unknown illness right now. They’ve gone to multiple doctors and no one can figure it out. There is no diagnosis and no cure. She thanked town for going the distance to protect its citizens and environment and they are asking for that again. They don’t want to end up like residents of Minisin k, New York. The attached articles were referenced. Minisink had the misfortune of having a 12,000 hp compressor built and operational since 2013. They were told only water vapor would come from the compressor. This is a compressor half the size of the current Borger station. The Minisink compressor could have been built in an industrial zone instead of a neighborhood, but that extra pipeline would have added cost and they chose to contaminate the 200 households within a half mile of the compressor. We know the fossil fuel folks don’t do anything that they aren’t absolutely required to do. The Minisink compressor tripled the amount of fine particulate matter which is tied to many illnesses. Asthma, nosebleeds, headaches, and rashes are common among the people in Minisink. The particles in the air doubled the risk of a newborn having autism if the mother is exposed during her third trimester of pregnancy. Respiratory diseases and heart attacks are similarly a hazard. Once you know, you can’t unknow. Jerelyn Smith, with Mothers Our Front, thanked Dryden for confronting fracking, but now we need to confront a bigger problem. Climate change is made up of steps. Steps turn into leaps and bounds. She hopes we are leaping and bounding in the right direction. She will one day inherit this world, and although she is 17, she knows she wants to raise her future children in a healthy environment. Getting the upgrade for the Borger compressor station is not compatible with her or her future children’s healthy environment. Taking a step in the right direction can be as easy as you make it. The only thing standing in the way is a wrong decision, which seems to be easier. If not us, who? If not now, when? Please help us make a difference and stop the upgrade. Judy Pierpont, Pleasant Hollow Road said she has been aware that this project presents threats of air and water pollution. The pipeline runs through her property. Over two years ago she formally intervened in a FERC proceeding. She was not aware until recently of several factors which make the permitting of this pipeline vastly more problematic. She is looking for ways in which Dryden might be able to p ush back against the expansion. The plans to enlarge the Borger Station and Dominion’s requests to FERC for variances for further expansion have seemingly deliberately moved and/or left out previously mapped wetland borders and streams to make it look as if these water bodies are not there anymore or are not being impinged on. This is unacceptable. Any permits or approvals based on misrepresented wetlands or other water features should be revoked or withheld. Dryden approved a TB 3-16-17 Page 14 of 22 stormwater pollution protection plan in 2014 in which Dominion had presented inaccurate mapping leaving out one of the three wetland areas that were on the original water resources survey report. The SWPPP is improper and should be revoked by the Town Board and the DEC. Based in part on these approvals, she believes FERC issued a preliminary order to proceed on December 31, 2016. Then on January 24, 2017, Dominion requested variances to build out further. In this request a missing wetland reappeared on the maps. The fudging and shifting of the map boundaries of the limit of disturbance are irregular. A new SWPPP cannot be approved based on inaccurate mapping. She asked that Dryden require that the process be started over and done transparently. If it turns out that wetland buffers are impinged on then the company does not get to build there. Dryden also needs to do a proper special use permit for the expansion. The SUPs issued in 82, 83 and 84 were issued for expansions and a new turbine. Should there not be an SUP issued for further expansion? There was probably not an original SUP because it was built before Dryden had zoning. It is her understanding there is no SUP for the facility as a whole. A current SUP for the expansion would consider zoning restrictions and call for a public hearing. It also appears that Dominion has not been responsible for cleaning up spills to the state mandated standards. It is time to call this company to account. Dominion does not get to violate rules that are in place expressly to protect water from contamination. All the more reason to withhold further approvals. A child who goes to these lengths to avoid following the rules would be severely punished. Where does this company get off thinking they can play us for fools? She asks that Dryden revoke the fraudulent SWPPP and withhold approval for any new SWPPP until these issues are fully resolved. She further asks that Dominion’s proposed expansion be subject to the Town’s zoning ordinances. We made it clear when we banned fracking that heavy industrial uses are not permitted land uses in the town. If it is not an allowable land use, it should not be permitted. Vicki Bland, said she has come to last three meetings and has written. Her concern is the property on Bone Plain Road that was subject to arson and how is going to get cleaned up and how it ever got to that point in the first place. She’s heard that the town can’t do anything because the unsafe structure law is not developed. This is debris and garbage. The place smoldered for a week and five kids across the street had to breath that air. Please take this serious. Supv Leifer said there will be an update in the Planning Department portion of the meeting. Dana Magnesen lives 5 Sunny Slope Terrace with her wife and 4 kids. They have mini pigs and SPCA dogs and cats. They are .9 miles from Dominion’s driveway. They just closed on their house last Labor Day. This came out of the blue and Dominion doesn’t feel like a good neighbor. It’s ironic that Pennsylvania fracked gas is being pumped through those very old pipes. None of the people in the neighborhood have natural gas. They have fuel oil tanks. She thanked the Supervisor for the letter to FERC. She is trying to educate herself quickly. It seems like such a swift process and they don’t seem to be telling all the truths. She hopes the board will investigate and get to the bottom of what is really going on with the zoning and old permits that are still ok to be using. She asked the board to take its time on this. She hopes to retire where they are and have a good life. She doesn’t want sick kids. There is a daycare at the Ellis Hollow Community Center. This is a neighborhood, not an industrial area. Laurie Snyder, 36 Freese Road, read the attached letter signed by her and Kim Klein. She noted she understood that the resolution referred to has since been corrected to reflect rehabilitation or replacement. She also read the attached letter from Robin Seeley. Dave Weinstein, 51 Freese Road, read the following letter: TB 3-16-17 Page 15 of 22 As you know, the historic status of the Freese Road bridge mandates Section 106 review of the Freese Road Bridge project, as defined in the National Historic Preservation Act of 1966 (NHPA). The US Citizen’s Guide to Section 106 Review, published by the Federal Advisory Council on Historic Properties, indicates that anyone who has a legal, economic, or other concern in the effects of a project on a historic property as an individual or member of a neighborhood association or preservation group can become a consulting party to the deliberations, involved in all aspects of the project evaluation. Consulting party status entitles the individual or group to share views, receive and review pertinent information, offer ideas, and consider possible solutions together with the project agency and other consulting parties, as outlined by the Advisory Council on Historic Properties. I formally request this consulting party status for myself for the Freese Road bridge project. My participation will be important to successful resolution of the issues involved in deciding what is to be done with the bridge for the following reasons: 1. As an individual who has done extensive research on the history and historical significance of the bridge, I can add valuable insight on these issues. 2. As a careful observer of traffic patterns on the bridge for the past 30 years because of the proximity of my house, I can contribute details concerning traffic flow that can enhance the understanding of these patterns well beyond what mere traffic counts can provide. 3. As a long-time resident of the Varna community, I can outline the ways that this bridge functions as a traffic calming gateway into and out of Varna. Further, as a co-author of the Varna Community Plan, I can contribute explanations of the role the bridge plays in the plan’s discussion of the vision for the future of Varna. 4. My long awareness with the myriad accidents that have resulted from cars travelling too fast on the hills and curves of Freese road enables me to supply insight into this issue. 5. I have a probable legal interest in the outcome of this deliberation, since a two-lane bridge would require some amount of my property to be taken for the expanded bridge, something I sincerely hope does not happen. I look forward to serving as an official consulting party in the process of evaluating the best option for the bridge project, beginning with participating in the selection of the consulting engineer. Janet Morgan, 940 Dryden Road, on behalf of the Varna Community Association, said she has previously provided two resolutions unanimously passed by the VCA. One strongly advocates for representatives from the Varna community to be part of a committee to look at and develop plans for the Freese Road bridge project. The second advocates keeping the bridge as a one-lane bridge and sites a resolution passed by the town board a couple of years ago in favor of keeping it a one-lane bridge. She has also provided a detailed proposal for materials for the fence around the VCA playground. Nancy Miller provided the attached comments. Walter Hang submitted and read the attached letter regarding the Borger station matter and wetland mapping inaccuracies. He believes TG Miller’s conclusion is basically false because it did not address the concerns in the easternmost area where there is a revised limited disturbance. The aerial photographs he provided clearly show wetland and waterways within that revised limited area of disturbance. That makes this whole thing erroneous, incomplete and can’t be used for regulatory compliance purposes. It must be revoked and started all over again. Gina Cacioppo, 829 Ringwood Road, read the attached letter. Brad Perkins said the board has considered a cell tower proposal that has been called the Irish Settlement Road cell tower. It’s really the W illow Glen cell tower. He asked that whole TB 3-16-17 Page 16 of 22 process be set aside and started over again so that people understand that it is not on Irish Settlement Road. It is down in Willow Glen. It has an impact on the cemetery, the neighbors and some other people. He thinks an injustice was done by not recognize that should have been named the Willow Glen cell tower. He almost wants to know that it named the Irish Settlement Road cell tower erroneously on purpose so that there would be confusion and there wouldn’t be objections to it. With respect to the cemetery, he reminded the board that there are 7500 mostly Dryden residents buried there. There are retired town supervisors, retired town employees, parents and daughters and children of current town employees. There are 2400 people that have purchased lots to support that cemetery. He asked each board member to look deeply into the inner parts of their person. He asked if they want to be remembered as a town board that created what will become a permanent eyesore in view of a sacred area. There is a soar installation on the same street as town hall, near residences. A resident of that neighborhood reported to him this week that the electronic interference caused by the invertors and other equipment there make it so that he has difficulty using his electronic equipment in his residence. That is something we need to know about for all of the people who live very close by the proposed Ellis Hollow and Willow Glen solar projects. HIGHWAY/DPW SUPERINTENDENT No report. RECREATION DEPARTMENT Jack Davison made a brief report. The spring booklet has been sent to print. He expanded the volunteer page and information the on Rec Partnership and how town residents can use that. He also added a form so that people who qualify for free or reduced lunches can easily apply for scholarships. J Davison reviewed a memo to the board providing two options for staffing the department. He asked that the board either hire another part time employee to help with the regular operations of running programs or make Rex Hollenbeck a full time employee. He believes there would be more productivity if there was a full time worker, bringing them back to a full 80 hours per week instead of 70. Rex has been great for the town. He knows a lot of community members and kids. He is involved at the school and is great at promoting and recruiting kids to the programs. If he became full time, J Davison would have more tim e to work on the administrative side of things, look for grants, work on the master plan and seek public input for projects. He would like the board to make a decision as soon as possible. Before the onset of summer would be nice. He will be working with the village a bit in his free time to understand their summer camp in the event the town takes it on next year. We had programs last year that didn’t have instructors. Having another person to help recruit volunteers and find instructors would be very beneficial. Cl Servoss said she sees no reason not to make Rex Hollenbeck full time. He does a good job and it would save advertising and going through the hiring process. Cl Lamb said J Davison has analyzed this as they asked and made a recommendation and he would like this done as soon as possible. He would like to move forward with two full time employees. Cl Lavine asked whether there would be an assessment period. Cl Servoss said we have had two full time positions in past. J Davison said they would operate as in the past, but wouldn’t have the official titles. J Davison will work in the same capacity as Jennifer Jones did, and Rex will take on the duties that Andrew had. There was some discussion about titles TB 3-16-17 Page 17 of 22 and Supv Leifer said that will be discussed in the future. J Davison said a title would be nice, but in the meantime they understand the internal chain of command. RESOLUTION #50 (2017) – RECREATION DEPARTMENT STAFFING Cl Lamb offered the following resolution and asked for its adoption: WHEREAS, the Board asked Jack Davison to provide information and make a recommendation on the staffing the Recreation Department and the board has reviewed and reviewed that, now be it RESOLVED, that this Town Board has determined that the Recreation Department would be adequately staffed with two full time positions and approves changing Rex Hollenbeck from part time rec assistant to full time rec assistant. 2nd Cl Servoss Roll Call Vote Cl Lavine Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes NEW/OLD BUSINESS Water/Sewer Consolidation Study Grant – Board members all have copies of the final report and Supv Leifer asked for a resolution approving that report. An information meeting was held in Varna. If the board approves this report we can move on to the next step of legal consolidation of the district. Approval will also allow for reimbursement of the expense of the study by the state. RESOLUTION #51 (2017) – APPROVE WATER/SEWER CONSOLIDATION STUDY Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the Town of Dryden Water and Sewer District Consolidation Study, March 2017, as prepared by T.G. Miller, P.C. 2nd Cl Lavine Roll Call Vote Cl Lavine Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes Grant Writer Agreement – Last week the board discussed an agreement Murphy Grant Consulting. Supv Leifer explained the intent is to have them begin with a Community Development Block Grant study that will gather data to be used in applying for larger federal and state grants. The hourly rate is $90 per hour and he expects the total will not exceed $1,800 for this first this step. RESOLUTION #52 (2017) – APPROVE GRANT WRITER AGREEMENT Cl Servoss offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the Town Supervisor to execute a contract with Murphy Grant Consulting for grant writing services. TB 3-16-17 Page 18 of 22 2nd Supv Leifer Roll Call Vote Cl Lavine Abstain Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes Rescind Resolution #40 – Supv Leifer explained the amendment to the Comprehensive Plan should have been done by resolution and not be a local law, so this resolution needs to be rescinded. RESOLUTION #53 (2017) – RESCIND RESOLUTION #40 (2017) REGARDING COMPREHENSIVE PLAN AMENDMENTS TO ADDRESS SOLAR ENERGY SYSTEMS Cl Lamb offered the following resolution and asked for its adoption: WHEREAS, on February 16, 2017, the Town Board adopted Res olution #40 (2017), titled “Adopt Local Law to Amend the Town of Dryden Comprehensive Plan to Address Solar Energy Systems,” and WHEREAS, said amendments were not prepared in local law format because they may be adopted by resolution, but the Resolution mistakenly treated the amendments as if they were in a local law and purported to adopt a local law that does not exist, Now, therefore, be it RESOLVED, that Resolution #40 (2017) is hereby rescinded in its entirety. 2nd Supv Leifer Roll Call Vote Cl Lavine Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes Retirement Resolution for Elected Officials – This is something that needs to be done each the beginning of each term for elected officials. Cl Servoss is the only new elected official participating in the NYS Retirement System. RESOLUTION #54 (2017) – ESTABLISH STANDARD WORK DAY AND REPORTING Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that the Town of Dryden hereby establishing the following as standard work days for elected and appointed officials and will report the following days worked to the New York State and Local Employee’s Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body: Participates in Standard Current employer's time Days/month work day term keeping system Record of Activites reported Title Name (hrs/day) begins/ends Y/N Results based on ROA Elected Officials TB 3-16-17 Page 19 of 22 Town Council Person Kathrin Servoss 6 1/1/17- N 2.25 2.25 12/31/2017 (Former) Highway Jack Bush 8 1/1/10- N 27.76 20 Superintendent 12/31/2013 *for clarification of previous reporting* (at the request of the NYS Retirement System) 2nd Cl Lavine Roll Call Vote Cl Lavine Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes Declaration of Intent as Lead Agency – Supv Leifer explained this is to be lead agency for SEQR on the solar applications (16 in all). The town will pass this resolution and wait 30 days for other possible interested agencies to weigh in whether they want to take that lead agency status. Resolution No. 55 (2017) Lead Agency – Declaration of Intent, Sun8 Ellis Tract & Dryden Road Solar Plant Project, Tax Parcel No’s. 38.-1-3.1, Rt. 13, between Johnson Road &George Road; 56.-5-31, 57.-1-6, 57.-1-7.1, Stevenson Road; 67.-1-3 Dodge Road; 67.-1-4, 67.-1-7.2 Turkey Hill Road Supv Leifer offered the following resolution and asked for its adoption: WHEREAS: 1. The Town of Dryden Town Board, at its meeting on March 16, 2017, considered the application for the proposed Sun8 Ellis Tract and Dryden Road Solar project located on Dryden Road between Johnson Road and George Road, Town of Dryden Tax Parcel No. 38.-1-3.1 Rural Residential and Conservation Zone and Town of Dryden Tax Parcel No’s. 56.-1-31, 57.-1-6, 57.-7.1 Stevenson Road; Town of Dryden Tax Parcel No. 67.-1-3 Dodge Road; Town of Dryden Tax Parcel No’s. 67.-1-7.2, 67.-1-4 Turkey Hill Road. The proposal involves a six lot Major subdivision of the 157 (+/-) acre parcel on Dryden Road and Minor subdivisions of the Stevenson Road, Dodge Road and Turkey Hill Road parcels. The project includes clearing and grubbing the parcels, installation of erosion and sediment controls, installation of gravel access roads and utilities, and the installation of solar panels resulting in thirteen 2MWac solar arrays and three 1MWac solar arrays Each array will be fenced. Sun8 PDC LLC ,Applicant; Cornell University, Property owner of Stevenson Road, Dodge Road, and Turkey Hill Road parcels; Scott Pinney, Owner Dryden Road Parcel, and 2. The proposed project, which requires site plan approval and special permit by the Town Board, and subdivision approval by the Town of Dryden Planning Board, is a Type I action pursuant to the State Environmental Quality Review Act, 6 NYCRR Part 617.4. Environmental Quality Review, because the project will result in the physical alteration of more than 10acres (§617.4 (b)(6) (i). 3. A Full Environmental Assessment Form, Part 1, has been submitted by the applicant, along with application materials dated February 22, 2017. TB 3-16-17 Page 20 of 22 NOW, THEREFORE, BE IT RESOLVED: That the Town of Dryden Town Board hereby proposes to establish itself as lead agency to coordinate the environmental review of the proposed actions, as described above, and BE IT FURTHER RESOLVED: That the Town of Dryden Town Board hereby requests the concurrence of all involved agencies on this proposed lead agency designation, said concurrence to be received by the Town of Dryden Planning Department no later than April 17, 2017. 2nd Cl Servoss Roll Call Vote Cl Lavine Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes Authorize Supervisor to sign BridgeNY Project Agreements – The town has received the proposed contracts from the state for the bridge grants for George Road and Freese Road bridges. These are two separate contracts. The town attorney must review these and sign off on them. Supv Leifer asked for authorization to sign them after they have been approved by the town attorney. RESOLUTION #56 (2017) – APPROVE CONTRACTS WITH BRIDGE NY FOR FREESE ROAD AND GEORGE ROAD BRIDGE GRANTS Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the Town Supervisor to execute agreements with Bridge NY for the grant awards for the Freese Road and George Road bridges, subject to approval of the town attorney. 2nd Cl Lamb Roll Call Vote Cl Lavine Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes Comprehensive Plan Amendment – RESOLUTION #57 (2017) – ADOPTING COMPREHENSIVE PLAN AMENDMENTS TO ADDRESS SOLAR ENERGY SYSTEMS Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, the Town Board of the Town of Dryden has proposed the adoption of proposed amendments to the 2005 Town of Dryden Comprehensive Plan that directly address large scale solar energy facilities, and WHEREAS, two public hearing hearings on the proposed amendments were held by said Town, the first on December 15, 2016 at 7:15 p.m., and the second on February 16, 2017 at 7:15 p.m., to hear all interested parties on the proposed amendments to the Comprehensive Plan; and TB 3-16-17 Page 21 of 22 WHEREAS, the notices of said public hearings were duly advertised in the Ithaca Journal; and WHEREAS, said public hearings were duly held on said dates and times at the Town Hall of the Town of Dryden and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed amendments, or any part thereof; and WHEREAS, pursuant to article 8 of the Environmental Conservation Law and its implementing regulations at 6 NYCRR Part 617 (“SEQRA”), adoption of said amendments to the Comprehensive Plan is an Unlisted action for which the Town Board of the Town of Dryden, acting as lead agency in an environmental review with respect to adoption of the amendments to the Comprehensive Plan, has on February 16, 2017, made a negative determination of environmental significance, after having reviewed and accepted as adequate the Short Environmental Assessment Form (EAF) Parts 1, 2 and 3 prepared by the Town’s Planning staff; Now, therefore, be it RESOLVED, that the Town Board of the Town of Dryden hereby adopts the amendments to the 2005 Town of Dryden Comprehensive Plan, as described in the attached document titled “Draft amendments to the Town of Dryden Comprehensive Plan to address solar energy systems,” which is made a part of this resolution, and BE IT FURTHER RESOLVED, that the Town Clerk is hereby authorized and directed to file said amendments in the Town Clerk’s Office and with the Tompkins County Planning Department. 2nd Servoss Roll Call Vote Cl Lavine Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes Bridge NY Selection Committee – Supv Leifer said he will review what Dave Weinstein submitted. The town board’s infrastructure committee, the highway superintendent, and Jeff Smith from the County will be part of this committee. The c ommittee will not start reviewing any of the contractor’s proposals until the 30 days period has expired (next week). He will be in touch with Dave Weinstein on Monday. This committee will choose a design consultant for each bridge. Cl Lavine said how you choose who does the work for you is critical. Who you have on the committee is important. It’s about the nature and the future of the community, not about the nature of the engineering qualifications to build a bridge. They aren’t mutually exclusive . We want the best of both. PLANNING DEPARTMENT Bone Plain Road – D Sprout said he has not been involved in this necessarily. Code Enforcement Officer Kevin Ezell and attorney Mariette Geldenhuys are working on a law. Supv Leifer said there is already a law that deals with debris called the property maintenance code. D Sprout said in this instance, with this house, not a lot of progress was made. The house burned, it was arson, and was just cleared within the last week, so now they can move forward. We need to take her to court and continue. Some of the debris on the property is stuff that she says is her cutting edge artwork. He said he has been arguing that we need a junk law, not a junk yard law, so we can address these properties that have a lot of accumulated stuff around. TB 3-16-17 Page 22 of 22 K Ezell will call Vickie Bland tomorrow and bring her up to date. We have an outside storage law that might apply. Cl Lavine left the meeting at 11:00 p.m. COUNTY BRIEFING None – Supv Leifer asked about county’s infrastructure meeting. M Lane said it had been postponed to the 21st. There is a calendar on their website that lists all their meetings. Advisory Board Updates Planning Board – Will be meeting on the 23rd at 7:00 p.m. to discuss the 1061 Dryden Road PUD proposal. Conservation Board – They are making good progress on the natural resources plan. DRYC – No report. Ag Committee – Is still reviewing the ag protection plan. They have prodded Cooperative Extension to improve the quality of their work. They expect results in April. Rail Trail Task Force – Will meet on the 22nd in Freeville at the Village Hall. They are about to go live with a Facebook page to keep people up to date. DOT has been researching ownership of the Fox Bridge in Varna. No one is certain who owns the bridge, though they are applying to DOT for permits to use it for the trail. It will need to be resolved at some point and Bob Beck asked whether the town will accept ownership. Either the town or DOT needs to claim it. DOT will need to issue a use and occupancy permit and a work permit and approval to use it for a multipurpose trail. They can’t proceed until we know if we get the grant and whether it is local, state or federal money. It may be that Mahlon Perkins, who took title from the railroad, will need to give over whatever his interest may be in the bridge. VCA Fencing Funding Request – The law prevents municipalities making gifts to private entities, including not-for-profit corporations. The town provides funds to the VCA; it needs to receive something of equal value back. We’ll need an MOU or contract that spells out what the town gets in return for what it gives. It typically should be something that already isn’t being given. It is a NYS constitutional prohibition against gifts. There being no further business, on motion made, seconded and unanimously carried, the meeting was adjourned at 11:15 p.m. Respectfully submitted, Bambi L. Avery Town Clerk