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HomeMy WebLinkAbout2018-03-15TB 3-15-18 Page 1 of 18 TOWN OF DRYDEN TOWN BOARD MEETING March 15, 2018 Present: Supervisor Jason Leifer, Cl Daniel Lamb, Cl Linda Lavine, Cl Kathrin Servoss, Cl Alice Green Elected Officials: Bambi L. Avery, Town Clerk Other Town Staff: Ray Burger, Director of Planning Khandikile Sokoni, Town Attorney Rick Young, Highway/DPW Superintendent Supv Leifer opened the meeting at 7:05 p.m. Board members and audience recited the Pledge of Allegiance. PUBLIC HEARING DELAWARE RIVER SOLAR 2243 DRYDEN ROAD SITE PLAN REVIEW & SPECIAL USE PERMIT (continuation) George Reed was present representing Delaware River Solar. Ray Burger explained this is a continuation. Last month the board went through SEQR review. There was information lacking on the Northern Harrier. We have now received that and it was the last outstanding issue. There were no comments from the board or the public and the hearing was closed at 7:09 p.m. RESOLUTION #56 (2018) – Lead Agency Designation and Negative Declaration of Environmental Significance – 2243 Dryden Road Community Solar Project Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, A. The proposed action involves the construction of one 2 MW and one 1.3 MW solar photo- voltaic (PV) arrays for generation of energy and sale under the community distributed generation program. Solar arrays consist of PV modules mounted on metal racks anchored into the ground. The arrays will be fenced in and gravel access drives will be construct ed to access each site. Each site will contain an electric transformer mounted on a cement pad. The two fenced arrays will encompass approximately 22 acres of the total of approximately 115 acre Tax Parcel 47.-1-7.3 at the address 2243 Dryden Road. The owner of the parcel is Evan J. and Brenda T. Carpenter and the applicant is Delaware River Solar, LLC, and B. The proposed project, which requires Special Use Permits and site plan approvals from the Town Board of the Town of Dryden and subdivision approval from the Town Planning Department, is a Type 1 action pursuant to the New York State Environmental Quality Review Act (“SEQRA”), 6 NYCRR Part 617, and TB 3-15-18 Page 2 of 18 C. A Full Environmental Assessment Form, Part 1 was submitted by the applicant, along with application materials, and D. The Town Planning Department, on behalf of the Town Board, distributed a Lead Agency concurrence letter to potential involved and interested agencies on August 18, 2017, and received no objections to the Town of Dryden Town Board serving as Lead Agency on this matter, and E. The Town Board has reviewed the Full Environmental Assessment Form Part 1, revised and dated 1-26-18, prepared by the applicant, and Parts 2 and 3, prepared by town’s consultant TG Miller and Planning staff, and F. A public hearing having been held on February 15, 2018 at which all persons wishing to speak on this project were given an opportunity to do so. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town of Dryden Town Board hereby establishes itself as lead agency to coordinate the environmental review of the proposed actions, as described above, and 2. The Town Board of the Town of Dryden, based upon (i) its thorough review of the EAF, Part 1 and 2, and any and all other documents prepared and submitted with respect to this proposed action and future construction activities, and its environmental review, (ii) its thorough review of the potential relevant areas of environmental concern to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR §617.7(c), and (iii) its review of the EAF, Part 3, including the reasons noted thereon (which reasons are incorporated herein as if set forth at length), hereby makes a negative determination of environmental significance (“Negative Declaration”) in accordance with SEQR for the above referenced proposed action, and determines that an Environmental Impact Statement will not be required, and 3. The Responsible Officer of the Town Board of the Town of Dryden is hereby authorized and directed to complete and sign as required the determination of significance, confirming the foregoing Negative Declaration, which fully completed and signed EAF and determination of significance shall be incorporated by reference in this Resolution. 2nd Cl Lamb Roll Call Vote Cl Lavine Yes Cl Green Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes R Burger presented a draft resolution for approval and reviewed it with the board. TG Miller had made three recommendations for conditions for the special use permit and those are addressed in this resolution. RESOLUTION #57 (2018) - Approving Site Plans and Granting Special Use Permits for Two Large-Scale Solar Energy Systems at 2243 Dryden Road Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, TB 3-15-18 Page 3 of 18 A. Delaware River Solar LLC has applied for two Special Use Permits (SUPs) to construct two large-scale solar energy systems at 2243 Dryden Road in Dryden, New York, Tax Parcel #47.-1-7.3 to be subdivided into three lots, and B. The proposal is to construct one 2 MWac and one 1.3 MWac solar photo -voltaic arrays for generation of energy under the community distributed generation pro gram, and C. An application, site plan drawings, wetland findings letter, viewshed study, glare assessment report, storm water pollution prevention plan (SWPPP), and other materials have been submitted and some were subsequently revised, with the original ap plication in October 2017 and revisions provided in November and December 2017 and January 2018, and D. The Town Planning Department considers the application complete and in conformance with the requirements of Town Zoning Law §501, §600, §1103, §1201 and §1 312, and E. Public hearings were held on February 15 and March 15, 2018, with public comments registered in the meeting minutes and considered by this board, and F. The Tompkins County Planning Department has reviewed (letter dated 1/17/18) these projects as required by NYS Municipal Law §239 –l, -m, and –n and has determined that they have no negative inter-community, or county-wide impacts, and G. The SWPPP has been reviewed by the Town Engineer and found to be substantially in compliance, with any final issues to be addressed prior to issuance of a building permit, and H. Pursuant to the New York State Environmental Quality Review Act (“SEQRA”) and its implementing regulations at 6 NYCRR Part 617, the granting of approvals for the proposed solar energy systems are a Type I Action for which the Town Board of the Town of Dryden, acting as lead agency in an environmental review with respect to these systems, has, on March 15, 2018, made a negative determination of environmental significance, after having reviewed and accepted as adequate the Full Environmental Assessment Form Parts 1, 2 and 3, and I. The Town Planning Board reviewed the application per Town Zoning Law §1312 and made recommendations concerning the site plans, and J. The Town Board has reviewed this application relative to the considerations and standards found in Town Zoning Law §1104 and §1312 for site plan review and §1202 and §1312 for Special Use Permit; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board, finding that the applicant is in compliance with the provisions of the Town Zoning Law and other applicable ordinances, approves the site plans for the two projects at 2243 Dryden Road dated January 2018, conditioned on submission to the Planning Department of the following items prior to issuance of building permits: a) specifications for the solar panels and inverters to ensure compliance with current UL standards, b) complete decommissioning agreement for the approved arrays on the two sites, subject to the approval of the Town Planning Director and Attorney for the Town, with the triggering mechanism in Paragraph 2 changed from “twelve (12) consecutive months” to “six (6) consecutive months” to conform with Zoning Law §1312 J.1., c) addition of a note to the site plans to require a Knox-box or similar system for emergency gate access to the sites, d) addition of a note to the site plan to place a less than 32 square foot sign at the driveway entrance on Ferguson Road with identifying information, 24 hour contact information and street address for the solar facility, and 2. The Town Board hereby finds that the considerations for approval of the requested Special Use Permit listed in §1202 and §1312 of the Town of Dryden Zoning Law have been met or will be met with the conditions noted, specifically that: TB 3-15-18 Page 4 of 18 a. The proposed use is compatible with the other permitted uses in the district and the purposes of the district set forth in the Zoning Law since population density will remain low with no increase in noise, traffic, odor or lighting (after construction); and for the reasons stated in the narrative for the Full Environmental Assessment Form Part 3 (FEAF P3) Attachment A, including but not limited to Sections 9, 17 and 18; b. The proposed use is compatible with adjoining properties and with the natural and manmade environment due to the extensive vegetative and topographic screening; the panels will not exceed 10 feet in height; there is no increase in noise, traffic, odor or lighting; and for the reasons stated in the FEAF P3 Attachment A, including but not limited to Sections 9, 17 and 18; c. Parking, vehicular circulation, and infrastructure for the proposed use, and accessibility for fire, police, and emergency vehicles are adequate, when the conditions in this resolution are met; d. The overall impact on the sites and their surroundings considering the environmental, social and economic impacts of traffic, noise, dust, odors, release of harmful substances, solid waste disposal, glare, or any other nuisances has been considered and found to be negligible, based on the information and reasons in the Full Environmental Assessment Form. While not expected, in the event that glare is experienced within any residence adjacent to these projects, the applicant shall install additional vegetative screening of the species and height needed at appropriate line-of– sight locations to intercept the glare, with such screening subject to approval of the Town Director of Planning; e. Given the proximity to nearby residences the hours of operation during construction are limited to 7 am to 6 pm on weekdays only unless specific work is approved in writing by the Town Code Enforcement Officer such as work by public utility companies or work done to avoid impacting roadway traffic. With this additional restriction, the design of structures or operation of the use necessary either to ensure compatibility with the surrounding uses or to protect the natural or scenic resources of the Town as described in the FEAF P3, Attachment A have been incorporated into the site plans; f. The projects comply with the requirements for site plan review and conform to the Town’s Commercial Design Guidelines to the extent applicable. Guidelines for sidewalks are waived since there are no existing nor anticipated sidewalks in this commercial corridor to which to connect; g. The projects comply with the location criteria set forth in Zoning Law §1312 F.2.a., b and c. To further protect the farmland soil a condition is placed on these projects that trenching for underground cables or conduits shall follow a procedure where topsoil is preserved by stockpiling it separately and returning it to the trench as the top layer; h. Per Zoning Law §1312 F.3, the solar energy systems: i. Conform with all federal and state laws and all applicable rules and regulations promulgated by any federal or state agencies having jurisdiction. The NYS Department of Environmental Conservation and NYS Department of Parks, Recreation, and Historic Preservation have written letters concerning their jurisdiction and all conditions have been met, ii. Are designed and will be constructed in a manner which minimizes visual impact to the extent practical, as described in FEAF P3 Attachment A, Section 9, iii. Comply with all other requirements of the Town of Dryden Zoning Law, provided the conditions in section 4 below regarding subdivision and common driveway are met, and comply with applicable Commercial Design Guidelines, except guidelines for sidewalks are waived for the reasons stated in section 2.f above, iv. Conform with all adopted plans of the Town of Dryden, including the Town’s Comprehensive Plan, which allows large-scale solar energy systems within the zoning district that applies to the sites, v. Comply with a fifty-foot (50) front yard, rear yard, and side yard setback, and a 10 foot internal yard setback between the two solar facilities, TB 3-15-18 Page 5 of 18 vi. Do not exceed twenty (20) feet in height, as the upper edges of the panels are less than 10 feet above grade, vii. Have solar collector surface areas (as measured in the horizont al plane) that, when combined with the coverage of other structures on the relevant lot, do not exceed twice the maximum lot coverage as permitted in the underlying zoning district, as lots in the Rural Agricultural District have less than 50% lot coverage (50% is twice the underlying district’s 25% limit), i. Per the Special Use Permit Standards in Zoning Law §1312 F.5: i. The solar energy systems will have the least visual effect practical on the environment, for the reasons described in FEAF P3 Attachm ent A, Section 9, ii. Glare produced by the solar arrays will not impair or make unsafe the use of contiguous structures, any vehicles on or off the road, any airplanes, or uses by other possible impacted entities, as described in FEAF P3 Attachment A, Section 9; section 2.d above imposes a condition requiring additional screening in the event glare is experienced within a residence adjacent to the projects, iii. Exterior lighting shall have the least visual effect practical on the contiguous properties, because permanent exterior lighting will not be installed, iv. Equipment and vehicles not used in direct support, renovations, additions or repair of the solar energy systems shall not be stored or parked on the facility sites, v. The solar energy systems will be enclosed by 8-foot high agricultural fencing to prevent unauthorized access, with warning signs with the owner’s name and emergency contact information placed on access points and perimeters. To avoid adverse aesthetic impacts, systems shall be screened as described in the site plan materials and FEAF P3 Attachment A, Section 9, vi. Lighting will not project off the sites, because no permanent lighting will be installed, vii. A locked gate located off the public right -of-way will be installed to prevent entry by unauthorized vehicles, vii. The solar energy systems are required to be built, operated and maintained to acceptable industry standards, including those of the Institute of Electric and Electronic Engineers (IEEE) and the American National Standards Institute (ANSI). 3. The Town Board, finding that the applicant is in compliance with all other provisions of the Town Zoning Law and other applicable ordinances, approves two Special Use Permits for the proposed large-scale solar energy systems to be constructed at 2243 Dryden Road, subject to the conditions and requirements in this resolution, and further subject to the Town of Dryden Standard Conditions of Approval as amended August 14, 2008. 4. The site plans and Special Use Permits approvals are further conditioned on the following: a. Receipt of approval by the Planning Department of the subdivision of Tax Parcel # 47.-1-7.3 into three lots, and b. Receipt of approval of the common driveway application for access to the two solar facilities. 2nd Cl Green Roll Call Vote Cl Lavine Yes Cl Green Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes TB 3-15-18 Page 6 of 18 George Reed thanked the board and said working with the town had been a great experience. He thanked Ray Burger for his hard work. They are looking to get started on the project as soon as possible. He requested a letter of support be sent from the Town to the IDA for PILOT negotiations. AGRICULTURE AND FARMLAND PROTECTION PLAN PUBLIC HEARING (continuation) Supv Leifer explained this is a continuation of the public hearing. The board is working from the draft provided last month and he understands there are no changes. Craig Schutt said the Ag Committee met last night. It was unfortunate that the documents for tonight (SEQR and Resolution) hadn’t gotten to the Ag Committee yet so they couldn’t review them. He doesn’t see that as a problem as long as there have been no changes to the plan since last month. Supv Leifer thanked the Ag Advisory Committee, said no changes had been made to the plan and read the resolution passed by them on March 14, 2018: RESOLUTION #1 FOR 2018 from the Dryden Agriculture Advisory Committee to the Town Board regarding the Agriculture and Farmland Protection Plan Document. Whereas the Committee previously presented the Town Board with a copy of the Plan as revised and dated on February 14, 2018, And Whereas the Committee has received no feedback regarding said document Therefore, the Dryden Agriculture Advisory Committee recommends that the Dryden Town Board adopt the Agriculture and Farmland Protection Plan as revised February 14, 2018, However, if changes are made the Dryden Agriculture Advisory Committee would like to go over any and all changes made to said document prior to its adoption. There were no further comments and the public hearing was closed at 7:28 p.m. R Burger explained the SEQR is a fairly abbreviated process because the action is legislative adoption. There are not a lot of criteria to go through. R Burger reviewed the full environmental assessment form with the board. Only potential impact is in agricultural resources. In each sub area there is no or a small impact. Another impact to consider is that it will support farming in the town. Board members have reviewe d the SEQR form. RESOLUTION #58 (2018) – SEQR NEG DEC concerning Adoption of Town of Dryden Agriculture and Farmland Protection Plan Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, A. The proposed action involves adopting the Town Agriculture and Farmland Protection Plan, and TB 3-15-18 Page 7 of 18 B. The Town Board of the Town of Dryden (“Town Board”) elected to treat this plan adoption as a Type 1 action pursuant to the New York State Environmental Quality Review Act (“SEQRA”) and said Town Board designated itself to be the Lead Agency for the purposes of uncoordinated environmental review, and C. The Town Board, in performing the lead agency function for its independent and uncoordinated environmental review in accordance with Article 8 of SEQRA, (i) thoroughly reviewed the Environmental Assessment Form (“EAF”), Parts I and 2, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, (ii) thoroughly analyzed the potential relevant areas of environmental concern to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR §617.7(c), and (iii) completed the EAF, Part 3; and D. The action is not intended to be an amendment of the Town’s Comprehensive Plan; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board, based upon (i) its thorough review of the EAF, Parts I and 2, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, (ii) its thorough review of the potential relevant areas of environmental concern to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR §617.7(c), and (iii) its completion of the EAF, Part 3, including the reasons noted thereon (which reasons are incorporated herein as if set forth at length), hereby makes a negative determination of environmental significance (“Negative Declaration”) in accordance with SEQR for the above-referenced proposed action, and determines that an Environmental Impact Statement is not required, and 2. The Town Supervisor is hereby authorized and directed to complete and sign as required the determination of significance, confirming the foregoing Negative Declaration, which fully completed and signed EAF and determination of significance shall be incorporated by reference in this Resolution. 2nd Cl Lamb Roll Call Vote Cl Lavine Yes Cl Green Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes Supv Leifer thanked the Ag Committee, George Frantz and Cooperative Extension and everyone involved in putting the plan together. Cl Green said she has reviewed the plan and has learned a lot about the town from this report. She appreciates the work of the committee and can see all the work involved. It’s a wonderful document and we need to pay attention to it and carry it forward. It is now the town board’s job to promote agriculture in the town. RESOLUTION #59 (2018) – Adoption of Town of Dryden Agriculture and Farmland Protection Plan Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, TB 3-15-18 Page 8 of 18 A. The Town of Dryden was awarded funding from the New York State Department of Agriculture and Markets to develop an Agriculture and Farmland protection Plan (the “Plan”), and B. The Plan was developed under NY Agriculture and Markets Law, Article 25-AAA, Section 324-a, and C. The Town Agriculture Advisory Committee, working with Cornell Cooperative Extension of Tompkins County, collected data, conducted public meetings and prepared the draft Plan, and D. The Town Board proposed the adoption of the Plan and scheduled a public hearing for December 21, 2017 at 7:10 PM to hear all interested persons on the proposed Plan, and E. Notice of said public hearing was duly advertised in the Ithaca Journal, and F. Said public hearing was held on said date at the Dryden Town Hall and all persons in attendance were permitted an opportunity to speak in favor of or in opposition to said Plan, or regarding any part thereof, and G. Said public hearing was continued at the Town Board meetings on January 18, February 15 and March 15, 2018 to permit further opportunity for public comment, and H. Pursuant to Article 8 of the NY Environmental Conservation Law and its implementing regulations at 6 NYCRR §617 (SEQR) the Town Board, acting as lead agency in an environmental review with respect to adoption of the Plan, did on March 15, 2018 make a negative determination of environmental significance. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1.The Town Board of the Town of Dryden hereby adopts said Agriculture and Farmland Protection Plan, and 2.The Town Board’s adoption of the Plan is not intended to be an amendment of the Town of Dryden Comprehensive Plan, and 3. The Planning Department is hereby directed to forward the Town of Dryden Agriculture and Farmland Protection Plan to the Tompkins County Agriculture and Farmland Protection Board and the New York State Commissioner of Agriculture and Markets for approval. 2nd Cl Servoss Roll Call Vote Cl Lavine Yes Cl Green Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes TOWN CLERK RESOLUTION #60 (2018) – 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 8, 2018, and February 15, 2018. 2nd Cl Lamb TB 3-15-18 Page 9 of 18 Roll Call Vote Cl Lavine Yes Cl Green Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes CITIZENS PRIVILEGE Supv Leifer announced that former Town Justice Joe Valentinelli passed away. He was the first Judge Supv Leifer appeared before when he moved to Dryden thirteen years ago. Judge Valentinelli was a teacher at the school for many years. He served more than 20 years on the bench. He and his family have contributed a lot to the town of Dryden and he will be missed. There will be a celebration of his life at the VFW on Sunday between 1 and 3 p.m. In lieu of flowers, donations to the VFW or Dryden Ambulance would be appreciated. Joe Wilson, Hunt Hill Road, reminded the board that we are in the throes of working through alternatives to the West Dryden Natural Gas pipeline. NYSEG and the Public Service Commission have issued a Request for Proposals for alternatives to the pipeline. Buried in the RFP is a request for the community to give their opinion about whether or not a viable alternative is to run trucks throughout the community carrying either compressed natural gas or liquid natural gas. He asked town board members to comment on whether or not it would be a good idea to use these compress trucks carrying gas as an alternative. The County legislature has passed a resolution against that. He encouraged the town board to do the same. He has emailed a copy of the resolution Tompkins C ounty passed and a cover letter (attached) because he was asked to be a spokesperson for the folks along West Dryden Road and the community. Janet Morgan presented a copy of a petition circulated at the last pancake breakfast in Varna in favor of keeping the one lane bridge in Varna. Over the course of two hours they received 42 signatures. One woman who signed it remarked “I love the Freese Road Bridge, it makes people behave”. Jim Skaley read attached letter and additional information. Peter Schug said he just became aware of the situation with the Freese Road bridge and has some concerns. He understands the bridge is out of compliance with State regulations and is concerned that it may be shut down temporarily or long term. He understands the bridge improvement to two lanes would be funded almost entirely by other than Town of Dryden funds. It’s great that we could do something like that. The opportunity to do this with a grant could cause an issue if we don’t proceed. It becomes increasingly hard to ask for grant money when you’ve turned down or don’t use money that has been approved for you. His family owns two buildings on Hanshaw Road, a business and a residence, and his biggest concern is that emergency vehicles may not be able to get across that bridge and have to take a long way around to get to his mom’s house (or other residents’ homes). He asked that that be taken into consideration when looking at this. He understands the historic and aesthetic value, but public safety and the needs of the whole community is just as important as the needs of the few that are near the bridge. Ken Burkhart, 98 Hickory Circle, speaking on behalf of the Freese Road Bridge citizens committee read the attached statement. David Weinstein, 51 Freese Road, said the Freese Road bridge is not out of compliance. Today at the bridge they watched a full size plow loaded with salt cross the bridge with no TB 3-15-18 Page 10 of 18 problem. Emergency vehicles can get across the bridge. As the traffic study showed, a two lane bridge will make the area less safe not more safe. Please consider preserving the historic bridge. HIGHWAY/DPW DEPARTMENT Highway Superintendent Rick Young said a 6-wheeler not a 10-wheeler went across the bridge today. A 10-wheeler will not go across it. Neither will a fully loaded engine or tanker. BridgeNY – Supv Leifer said there was a teleconference today with Doug Mills and Mark Frechette about the one lane bridge policy. There has also been a letter sent to the citizens committee via email (Cole to Mills). They will need to have a finding documentation package as to the effects of the historic nature of the bridge. That will be part of the B & L analysis. The finding document must be submitted before SHPO can make a recommendation or final decision. DOT wants the town board to be the point for talking with all the agencies. Any communications from the citizens committee need to go through Supv Leifer, Cl Lamb or Cl Servoss. The single point of contact is a request from the state. The following comments and statements were made during discussion: ▪ The citizens document about how to perform the Section 106 clearly says citizens should directly communicate with SPHO. ▪ Other options for keeping the bridge one -line include traffic signals at each end of the bridge, make Freese Road a one way road, do a twinning with a new one way attached to the existing, utilizing the existing bridge for pedestrian and bike traffic. ▪ Using the existing bridge for pedestrian and bike traffic and building a new bridge for traffic could be paid for under the construction contract. ▪ Newer options are contingent on whether the substructure repairs to the existing bridge can be made. ▪ There is clear liability for the town if it is maintained as a one lane bridge. ▪ Counter measures are necessary if it remains a one lane bridge. ▪ Traffic light signals would be the town’s maintenance responsibility. ▪ Retention of the historic features would be the town’s maintenance responsibility. ▪ The one lane bridge policy is a policy. ▪ There may be some flexibility for non-standard features. ▪ The number one priority is safety. ▪ The state and federal governments are not willing to spend two million dollars on a structure that is viewed to be unsafe. ▪ The consultants have to provide every design option; they will not present only a preferred option. ▪ After comments on the list of options, a preferred option will be presented. TB 3-15-18 Page 11 of 18 ▪ Knowingly creating a structure that will double the speed on the road creates a safety problem that currently doesn’t exist. ▪ The speed study needs to be taken into consideration. ▪ Speed bumps could be a problem. ▪ Agreement for Tompkins County to pay the local share on these bridges is waiting for review by the facilities committee. ▪ Freese Rd. Bridge Citizens Committee Report submitted (attached) ▪ A draft of the finding document us expected in the next two weeks. RECREATION DEPARTMENT Marty Conger has an intern working with her now. The board will talk about hiring for the department later in executive session. PLANNING DEPARTMENT Ray Burger has provided the department’s monthly update. There will be a hearing for special use permit for a hair salon at 225 North Road on April 12, 2018, at 7:00 p.m. Then a public hearing will be held for a revision to the 1061 Dryden Road Planned Unit Development on April 19 at 7:05 p.m. COUNTY BRIEFING Martha Robertson said she saw remarks on Facebook that the County had put up a sign to save the Freese Road Bridge. That sign was made by the County to replace a sign that was created and paid for by a private citizen on private property. It was erroneously removed and destroyed by a county employee, so they replaced it. The County is not taking a position on the future of the bridge. The County’s budget retreat is scheduled for April 24. The County Administrator and staff are starting to work on what the process will look like. The County did pass a resolution opposing the use of CNG or LNG in response to NYSEG’s non-pipe alternative request for proposals. It would be great if the Town of Dryden would pass a resolution on that also. The major reason to do this project is to avoid use of fossil fuels. It is not helpful to use a more dangerous version of fossil fuels. The County is working with NY Power Authority for the many county buildings in the airport area and hopes to over time convert those to heat pumps and/or geothermal. Taking that entire load off the system would free up supply for that area. If the business and technology park came on board it would make an even bigger difference. This is an elegant response to the RFP. They are phoning the PSC tomorrow because of concerns with RFP itself and the timing and will try and get some modifications. Changes in service for Spectrum television is a hot topic. A Spectrum rep explained the issue with WENY going off the air in Tompkins County has to do with the ABC affiliate and getting it from Syracuse instead. WSKG public television from Binghamton no longer being here is a Spectrum decision. They said that is their business decision. Complaints and board resolutions have been sent to the highest levels in the state. TB 3-15-18 Page 12 of 18 ADVISORY BOARD UPDATES Swift 911 – Dana Magnuson was unable to attend. Katie Quinn-Jacobs and Janice & Tony Bretscher were present representing the committee. They need the board to confirm appointment of Dana Magnuson as the Swift 911 liaison so that Dana can then receive orientation training. Supv Leifer will take care of this on Monday. They want to develop a mission statement and get some guidance on how the committee should operate. They want to determine what kind of issues they should take on and identify responsibilities and concerns. Supv Leifer asked that they call his office and set up an appointment. He will help them draft a mission statement. In January they had 6 subscribers and now have 33 even though it isn’t active yet. Perhaps they could have a link on the town website. Planning Board – no report. Conservation Board – no report. Recreation & Youth Commission – Cl Green introduced David Peck, the new chair of the commission. Their last meeting focused on guidance from the DRYC regarding hiring of a recreation supervisor. D Peck noted they received a good report from Victoria, the program coordinator for OURS/YOURS who is doing a great job. Cl Servoss reported that the spring booklet is out for the Rec Department. A summer camp director has been hired and the village will give the town all their camp supplies. Long term liaison from Tompkins County Youth Services, Kris Bennett, is retiring in May. They are going through a personnel restructuring and will have a new person in place soon. Ag Committee – Craig Scutt reported that Cooperative Extension has a team of Cornell students to address the zoning issues identified in the Ag Plan. Students will look at those and do an analysis pro and con. Rail Trail Task Force – Cl Green reported they currently have three vacancies on the RTTF. Those were created by her moving to a non-voting position and Bruno Schickel‘s resignation to head a volunteer group to do fundraising. They put word out on their list serve (over 200 people) and have had two letters of interest. Bob Beck is serving as internal project manager for implementation of the grant and is making great progress working with staff. They have a logo design committee working on rules for the trail and they have a new logo about to be made public. They are hoping for an opening ceremony for the Dryden to Freeville section in June. There is work needed on the crossings at Springhouse Road and George Road and hope that can be done in house before the opening. Signage is needed. They also n eed to work on a form of agreement with the villages so it is clear that the villages are ok with having the trail on their property. With respect to Game Farm Road access, Cl Lamb said the Town Board passed a resolution that was forwarded to Ken Lynch and Jim Farquart. It has been ten days and nothing has been heard, so he will call tomorrow to see what is going on. They are looking for a use agreement for access to the rail bed that crosses the game farm. J Skaley noted the rail trail is important to the development of the Varna community and part of the hamlet plan. TB 3-15-18 Page 13 of 18 OLD BUSINESS Emergency Services Advisory Committee – Supv Leifer has provided a draft resolution establishing an Emergency Services Advisory Committee that has to do with working with the volunteer fire companies and ambulance service. A copy has been provided to the Mayors of the villages. The board can take this up in April. The committee would have eleven members: one from each fire company, one from the ambulance service, one from the Town Board, one from each Village, the Fire Warden, and one at large member of the public. The primary purpose is to establish what the town expects of our emergency service providers, develop a contract for services with the companies, and to work more closely with them and the companies work more closely with each other in order to have the best possible services. Any comments from the board, the villages and service providers will be considered and we’ll move forward from there. MOU with Dryden Village – Montgomery Park – The version with Mariette Geldenhuys’ edits was sent to the Village a couple weeks ago. They meet tonight and Supv Leifer expects to hear back soon. Budget Modification – This is to provide funds for Planning Board member training. RESOLUTION #61 (2018) – APPROVE BUDGET MODIFICATION Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the following budg et modification: From To B8020.401 Planning Contractual B8020.411 Planning Board Training 800.00 and authorizes the Town Supervisor and bookkeeper to make the necessary adjustments to the budget and to file any other forms or documents as required by Law. 2nd Cl Servoss Roll Call Vote Cl Lavine Yes Cl Green Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes Mike Lane thanked Supv Leifer for coming to the County transportation meeting. They discussed the area of Route 13 through the Town of Dryden. They hopefully will have a study if they can get funding. One of things discussed is the proliferation of driveways on the area between the Village and NYSEG and how those could possibly be reduced with use of access roads. There is section of DOT called the Access Management Section and he suggested that the Town’s Planning Department contact them to see if there are restrictions possible to keep the number of driveways down. WSKG RESOLUTION #62 (2018) - Requesting Charter Communications/Spectrum to Continue WSKG as Part of its Basic Cable Service to Subscribers Residing in Tompkins County Supv Leifer offered the following resolution and asked for its adoption: TB 3-15-18 Page 14 of 18 WHEREAS, WSKG TV, a public television station originating in Binghamton, NY, is currently offered as part of the basic cable television lineup that Charter Communications/Spectrum provides to subscribers residing in Tompkins County, and WHEREAS, WSKG TV’s programming offers local news and arts coverage of particular interest to residents of Tompkins County, and WHEREAS, Charter Communications/Spectrum has announced its intention to remove WSKG from the basic cable television lineup it provides to subscribers residing in Tompkins County, and WHEREAS, Charter Communications/Spectrum also recently elected to remove WENY TV, a primary provider of local Tompkins County news and sports coverage, from its basic cable television lineup, and WHEREAS, it is, therefore, a public service, and in the public interest, for Charter Communications/Spectrum to continue to offer WSKG as part of the basic cable television lineup it provides to subscribers residing in Tompkins County, and WHEREAS, it will cost Charter Communications/Spectrum nothing to continue to offer WSKG as part of its basic cable television lineup, and WHEREAS, Federal Communication Commission rules neither require nor prohibit Charter Communications/Spectrum from continuing to offer WSKG as part of its basic cable television lineup, now therefore be it WHEREAS, numerous residents of Tompkins County have communicated their anger at Spectrum’s decision and asked County officials to speak up on their behalf, now therefore be it RESOLVED, that the Dryden Town Board asks Charter Communications/Spectrum to reverse its announced decision and to continue to offer WSKG TV as part of the basic cable lineup it provides to subscribers residing in Tompkins County, RESOLVED, further, That copies of this resolution be sent to Charter Communications/Spectrum, Congressman Tom Reed, and New York State Senator Tom O’Mara. 2nd Cl Lamb Roll Call Vote Cl Lavine Yes Cl Green Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes Recreation Reserve – This resolution will appropriate funds from the Recreation Capital Funds to be used as match for the Rail Trail grant, subject to permissive referendum. Supv Leifer said this doesn’t mean it will all be spent, but it will be there if needed. Cl Green said there are a very committed group of citizens who want to be sure that it gets restored. RESOLUTION #63 (2018) - AUTHORIZING USE OF FUNDS FROM THE TOWN OF DRYDEN RECREATION CAPITAL RESERVE FUND FOR THE DRYDEN RAIL TRAIL PHASE 1 GRANT LOCAL MATCH Supv Leifer offered the following resolution and asked for its adoption: TB 3-15-18 Page 15 of 18 WHEREAS, the 2005 Town of Dryden Comprehensive Plan and the 2011 Recreation Master Plan both identified a need for increased outdoor leisure and recreational space; and WHEREAS, in the Spring of 2016 the Town Board appointed a Rail Trail Task For ce made up of volunteer community members and authorized it to take deliberate steps to develop a Dryden Rail Trail in the historic Lehigh Valley Railroad corridor; and WHEREAS, the Task Force has made significant progress advancing the trail project inclu ding obtaining easements along its 10.5-mile length and clearing and surfacing the segment of the trail between the Villages of Dryden and Freeville, all using 100% volunteer labor and material from individuals and local businesses; and WHEREAS, the Task Force has obtained a $182,000 matching fund grant from the NYS Office of Parks, Recreation and Historic Preservation Environmental Protection Fund (EPF) in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993 to complete Phase 1 of the trail, which consists of the aforementioned segment and the segment between Game Farm Road and the Rt. 13 Bridge over Fall Creek; and WHEREAS, the Task Force has set a goal to deliver the Phase 1 project while minimizing reliance on local property taxes by using existing Town staff and equipment and "in -kind contributions" consisting of voluntary donations of labor and materials, in combination with the EPF grant; and WHEREAS, the Task Force recommends that the Town provide a source of funding because the EPF Grant works on a reimbursement basis and to meet other cash flow needs; and WHEREAS, pursuant to Town of Dryden Resolution Number 95 of 2017, the Town Board previously approved the allocation of up to $183, 000 to the Trail Project to meet the Town’s fifty percent local match obligation, but resolved to pass a further resolution in the future to determine and allocate the exact source of such funds; and WHEREAS, the Town’s share of funding for the project shall be an amount not to exceed $182,000, in cash and in-kind contributions; and WHEREAS, the Town will enter into and execute a project agreement with the State for such financial assistance to this Town of Dryden for the Dryden Rail Trail Project Phase 1 (CFA Award 74363); and WHEREAS, the Town Board has determined that using funds from the Recreation Reserve Fund in support of the Dryden Rail Trail Project Phase I is consistent with the purpose of the Recreation Reserve Fund; and WHEREAS, pursuant to General Municipal Law §6-c, an expenditure from the Recreation Reserve Fund requires authorization by the Town Board, and such authorization is subject to a permissive referendum; and WHEREAS, the Dryden Rail Trail Project Phase I will provide recreational opportunities to the public and falls within the purposes for which the Recreation Reserve Fund was established; and TB 3-15-18 Page 16 of 18 WHEREAS, the Town Board of the Town of Dryden seeks to draw no greater than $182,000 from the Town of Dryden Recreation Reserve Fund to fund the Town’s contribution towards the cost of Dryden Rail Trail Project Phase I; and WHEREAS, the Town completed its SEQR review and made a negative declaration of environmental impact on December 15, 2016 NOW, THEREFORE, BE IT RESOLVED, that the Town Board authorizes the following expenditures to be disbursed out of the Town of Dryden Recreation Capital Reserve Fund: $182,000.00 towards the cost of the Dryden Rail Trail Project Phase I; and be it further RESOLVED that, pursuant to General Municipal Law §6-c, this resolution is subject to a permissive referendum. 2nd Cl Green Roll Call Vote Cl Lavine Yes Cl Green Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes Six Mile Creek – Tim Larkin has been trying to rename Sixmile Creek to Six Mile Creek. This resolution supports that. RESOLUTION #64 (2018) – In Support of the Geographic Name Proposal Recommendation for Six Mile Creek Supv Leifer offered the following resolution and asked for its adoption: Whereas, Six Mile Creek in Tompkins County is listed by the United States Board of Geographic Names as "Sixmile Creek", and Whereas, common usage in Tompkins County is to refer to this stream as "Six Mile Creek", and Whereas, according to the Tompkins County Historian, the use of the name "Six Mile Creek" goes back to at least 1829, and Whereas, Timothy Larkin, a Tompkins County resident, has initiated the formal process of officially changing the name to "Six Mile Creek", and Whereas, the United States Board on Geographic Names requests local municipalities to weigh-in on requests for name changes; now therefore be it Resolved, that the Town Supervisor is authorized to sign and submit a Geographic Name Proposal Recommendation form to the United States Board on Geographic Names, confirming that the Town of Dryden believes this stream should be officially known as "Six Mile Creek". 2nd Cl Green Roll Call Vote Cl Lavine Yes TB 3-15-18 Page 17 of 18 Cl Green Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes Conservation Easement – 1540 Ellis Hollow Road – R Burger explained that as part of the conservation subdivision approved by the Planning Board last month, there is a 3.7 acre parcel that the town will receive a conservation easement on. A public hearing is required prior to the board accepting that easement. RESOLUTION #65 (2018) - SCHEDULING A PUBLIC HEARING ON APPROVING A CONSERVATION EASEMENT ON PROPERTY LOCATED ON TOWN OF DRYDEN TAX PARCEL NUMBER 66.-1-7.3 (located at 1540 Ellis Hollow Road) AND AUTHORIZING EXECUTION OF THE DEED OF CONSERVATION EASEMENT TO THE TOWN OF DRYDEN Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, the Town of Dryden Planning Board by resolution adopted on February 22, 2018 granted final subdivision plat approval for a seven-lot subdivision (“the Project”) of a parcel of real estate located on Town of Dryden Tax Parcel Number 66.-1-7.3 (“the Property”) and owned by Tiny Timber, LLC (“Tiny Timber”), and granted site plan approval for the Project by resolution adopted on October 26, 2017; and WHEREAS, as a condition of site plan approval, Tiny Timber is required to preserve a portion of the subdivision as open space by means of a conservation easement; and WHEREAS, a proposed Deed of Conservation Easement (“the Easement”) grants the Town a conservation easement on the portion of the Property described in the Easement; and WHEREAS, the Town has the authority to acquire an interest in land (including an easement) for the purpose of preserving open space, pursuant to General Municipal Law (“GML”) §247, and may acquire such interest by gift, subject to a public hearing and due notice; and WHEREAS, §247(3) of the General Municipal Law provides that the acquisition of interests or rights in real property, including easements, for the preservation of open spaces is a public purpose and that such acquisition (whether by purchase, gift or other means) requires a public hearing subject to due notice; NOW, THEREFORE, BE IT RESOLVED that a public hearing shall be held at the Town Board meeting on April 19, 2018 at 7:00 p.m. in the Town Hall, 93 East Main Street, Dryden, NY 13053, to give members of the public the opportunity to comment on the proposed grant of the Conservation Easement to the Town and the Town’s acceptance thereof; and be it further RESOLVED that notice of such public hearing shall be published and posted at least five days before the date thereof. 2nd Cl Green Roll Call Vote Cl Lavine absent Cl Green Yes TB 3-15-18 Page 18 of 18 Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes On motion made, seconded and unanimously carried the board moved into executive session at 9:07 p.m. to discuss the employment history of two individuals. The board moved back to regular session at 9:41 p.m. RESOLUTION #66 (2018) – OFFER OF RECREATION DEPARTMENT POSITIONS Cl Green offered the following resolution and asked for its adoption: RESOLVED, that this Town Board authorizes an offer of a 40 hour per week Recreation Supervisor position at an annual salary of $40,000 to an individual identified in executive session and the creation of a Recreation Coordinator position if the incumbent qualifies, and if not, a second Recreation Supervisor position at 25 hours per week with an annual salary of $25,000, and further that said positions be effective March 19, 2018. 2nd Cl Lamb Roll Call Vote Cl Lavine Yes Cl Green Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes There being no further business, on motion made, seconded and unanimously carried, the meeting was adjourned at 9:43 p.m. Respectfully submitted, Bambi L. Avery Town Clerk