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HomeMy WebLinkAbout2018-11-15TB 11-15-18 Page 1 of 13 TOWN OF DRYDEN TOWN BOARD MEETING November 15, 2018 Present: Supervisor Jason Leifer, Cl Daniel Lamb, Cl Kathrin Servoss, Cl Alice Green Absent: Cl Linda Lavine Elected Officials: Bambi L. Avery, Town Clerk Other Town Staff: Ray Burger, Planning Director Jennifer Case, Bookkeeper Supv Leifer opened the meeting at 7:05 p.m. Board members and audience recited the pledge of allegiance. TOWN CLERK/BOOKKEEPER RESOLUTION #161 (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 Sept ember 24, October 11, October 18 and October 24, 2018. 2nd Cl Green Roll Call Vote Cl Green Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes RESOLUTION #162 (2018) – PAYMENT OUTSIDE THE ABSTRACT Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the following payments outside the abstract: NYS & Local Retirement System $211,7118.00 VISA – Highway Dept 643.62 Cooperative Extension (for youth employment) 3,844.96 2nd Cl Servoss Roll Call Vote Cl Green Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes The Recreation Department has requested a budget mod to move unbudgeted revenue from the Color Run event to be used to cover expenses of the Reindeer 5K Run. TB 11-15-18 Page 2 of 13 RESOLUTION #163 (2018) – APPROVE BUDGET MODIFICATION RESOLVED, that this Town Board hereby approves the following budget mod ification: From To A2004 Misc Rec Fees A7330.4 Community Rec Contractual 118.73 2nd Cl Servoss Roll Call Vote Cl Green Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes A resolution is necessary to relevy unpaid water/sewer accounts to the 2018 property tax bills. These amounts represent the unpaid balance prior to the October billing, if it is still unpaid. Any amounts paid prior to turning the list over to the County will be removed. RESOLUTION #164 (2018) – RELEVY DELINQUENT WATER/SEWER AMOUNTS Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby relevies the following unpaid water/sewer amounts to the 2019 real property tax bills: Acct # Tax Parcel # Total K3418 56.-5-5 243.83 K3419 56.-5-5 242.54 K3467 43.-1-14.1 1,485.83 cK3487 56.-3-4 760.96 K4338 52.-1-4.11 275.78 K4353 55.-1-15.2 2,407.14 K4730 52.-1-4.32 4,158.49 K5279 54.-2-1 1,378.88 K6452 52.-1-25.4 1,125.00 L1671 43.-1-13 882.58 L3430 56.-5-15 649.24 L3446 53.-1-7 432.59 L3454 43.-1-19.15 205.80 L3466 43.-1-19.10 1,127.74 L3478 43.-1-9.8 681.39 L3495 56.-3-11.2 285.96 L3500 56.-3-16.1 115.16 L3501 56.-3-17.2 115.16 L4028 69.-2-13 606.44 L4271 69.-2-3.3 207.62 L5252 54.-2-3 319.71 L5253 54.-1-9.2 66.00 L5254 57.-1-18 171.28 L5256 55.-2-3 275.78 L5275 54.-1-10 115.16 TB 11-15-18 Page 3 of 13 L5284 54.-2-11 79.87 L5390 56.-4-5.31 370.45 L5413 54.-1-3.2 914.45 L5446 54.-2-2 217.85 L5730 56.-5-25.12 502.78 L6376 54.-1-19 275.78 L6443 56.-4-7.31 343.24 LYB08 46.-1-49.28 64.43 LYB13 46.-1-49.86 172.01 LYB37 46.-1-49.80 545.21 LYB49 46.-1-49.75 346.69 LYB61 46.-1-65 253.96 LYB70 46.-1-59 175.51 LYB76 46.-1-49.26 158.68 565 35.-1-17.1 6,167.34 584 38.-1-28.12 765.06 2nd Cl Lamb Roll Call Vote Cl Green Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes Tax Levy Cap Override The public hearing on this proposed local law was closed last week. Supv Leifer explained that by switching to the sales tax offset agreement with the County we would go over the cap. RESOLUTION #165 (2018) – ADOPT LOCAL LAW #5-2018 – OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3-C Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby adopts the following local law and directs that the Town Clerk file the same with the Secretary of State of the State of New York: Section 1. Legislative Intent: It is the intent of this local law to override the limit on the amount of real property taxes that may be levied by the Town of Dryden, County of Tompkins pursuant to General Municipal Law §3-c, and to allow the Town of Dryden, County of Tompkins to adopt a town budget for (a) town purposes, (b) fire protection districts, and (c) any other special or improvement district, and Town improvements provided pursuant to Town Law Article 12 -C, governed by the Town Board for the fiscal year beginning January 1, 2019 and ending December 31, 2019 that requires a real property tax levy in excess of the “tax levy limit ” as defined by General Municipal Law §3-c. Section 2. Authority: This local law is adopted pursuant to subdivision 5 of General Municipal Law §3-c, which expressly authorizes the Town Board to override the tax levy limit by the adoption of a local law approved by vote of at least sixty percent (60%) of the Town Board. TB 11-15-18 Page 4 of 13 Section 3. Tax Levy Limit Override: The Town Board of the Town of Dryden, County of Tompkins is hereby authorized to adopt a budget for the fiscal year 2019 that requires a real property tax levy in excess of the limit specified in General Municipal Law §3-c. Section 4. Severability: If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, firm or corporation, or circumst ance, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. Section 5. Effective date: This local law shall take effect immediately upon filing with the Secretary of State. 2nd Cl Lamb Roll Call Vote Cl Green Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes RESOLUTION #166 (2018) – ADOPT 2019 ASSESSMENT AND SPECIAL DISTRICT ROLLS Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby adopts the Special District and Assessment Rolls for the Town of Dryden for 2019. 2nd Cl Lamb Roll Call Vote Cl Green Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes RESOLUTION #167 (2018) – ADOPT 2019 BUDGET AND SPECIAL DISTRICTS BUDGETS Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby adopts the preliminary general budget with the following amendments: A7410.4 changed from $11,500 to $12,000 DA5130.2 changed from $160,000 to $260,000 DB5110.4 changed from $600,000 to $500,000 as the Town of Dryden’s general budget for 2019, and it is further RESOLVED, that this Town Board hereby adopts the preliminary special districts budgets with the following amendments: SF1-3410.408 changed from $29,000 to $29,106 as the Town of Dryden special districts budget for 2019. 2nd Cl Green TB 11-15-18 Page 5 of 13 Roll Call Vote Cl Green Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes RESOLUTION #168 (2018) – AUTHORIZE FIRE AND AMBULANCE CONTRACTS Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the following fire and ambulance contracts for 2019 for amounts listed and authorizes the Supervisor to execute the same: Neptune Hose Company No. 1 of Dryden, Inc. $350,000 Varna Volunteer Fire Company, Inc. 275,000 W.B. Strong Fire Company of Freeville, Inc. 172,900 Etna Volunteer Fire Department, Inc. 113,000 Brooktondale Fire Department 29,106 Dryden Ambulance, Inc. 432,770 2nd Cl Servoss Roll Call Vote Cl Green Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes Introduction – Special Use Permit - 117 North Street - Auto Sales Dave Donlick, applicant, and property owner, Don Sopp, were present. A Special Use Permit application and site plan have been submitted and are on the website. D Donlick said he has ties to the community, his wife teaches at school, and he sees a need for a used car business in the community. There is a need to take care of the average person and he will offer vehicles within the means of the average person. Most of his cars will be $16,000 and less. He will only will use about 20% of the inside of the building. There will be no vehicle repair there and he will support the local repair businesses in town and not compete with local repair shops. There is an existing lighted area on the building where he would like to put an 18” by 10’ banner there on front of building. There will be no road signs. The lot is already blacktopped. Landscaping is the responsibility of the tenant (applicant) and he will be sure the appearance is nice. Supv Leifer scheduled the public hearing for December 20, 2018, at 7:05 p.m. Introduction – Special Use Permit - 450 Cortland Road – Contractor Yard Applicant Jack Litzenberger explained the building is about 1300’ from Route 13 and will be used to house materials and equipment for his building and remodeling company. They have about 20 employees and build all around the Ithaca, Cortland, Dryden area somewhat on the higher end of projects. They do timber framing housing and remodeling. They would like to have a style sign in front with stone work. That would be a locator for the business because the building is so far from the road. The only public traffic to the building would be a client that comes in to do design work in the office. It would be by invitation only. Most employees are out in the field, so it is a somewhat quiet use. The parcel is s urrounded by agriculture property. Supv Leifer scheduled the public hearing for December 20, 2018, at 7:20 p.m. TB 11-15-18 Page 6 of 13 1610 Dryden Road Special Use Permit Veterinary Clinic Continuation There was no further comment on this matter and the public hearing was closed at 7:29 p.m. R Burger explained the applicant is out of the country and the architect was unexpectedly called out of town. The public hearing was not closed last month because the County’s §239 review had not been received. We have that now and the letter states that there are no negative inter-community effects. They did comment to have the applicant analyze the energy picture per their questionnaire. The architect responded to that and explained that this is basically reuse of a prior building. They are looking to keep the natural gas furnace. They are using resources now to take care of the skin of the building and do a lot of restoration work on that. They are adding a foam layer on the outside and fiberglass on the inside. The insulation will be 20% above the energy code requirements. Windows will be upgrading. They are concentrating on converting an old barn to a new structure for business. They are open to replacing the furnace at its end of life with newer technology. The board reviewed short EAF Part 2 (all marked no or small impact) and appendix and part 3 and had no concerns or comments. RESOLUTION #169 (2018) - NEG SEQR DEC - APPLICATION FOR A SPECIAL USE PERMIT AND SITE PLAN APPROVAL FOR A PROFESSIONAL OFFICE (VETERINARY CLINIC) LOCATED AT 1610 DRYDEN ROAD, TOWN OF DRYDEN TAX PARCEL 44.-1-13.412 Supv Leifer offered the following resolution: WHEREAS, A. The proposed action involves consideration of the application of Janette and Curtis Dewey for Special Use Permit and Site Plan Approval for a professional office (veterinary clinic) located at 1610 Dryden Road, tax parcel 44.-1-13.412; and B. The proposed action is an Unlisted Action for which the Town Board of the Town of Dryden is the lead agency for the purposes of uncoordinated environmental review in connection with approval by the Town; and C. The Town Board of the Town of Dryden, in performing the lead agency function for its independent and uncoordinated environmental review in accordance with Article 8 of SEQRA, (i) thoroughly reviewed the Short Environmental Assessment Form (“EAF”), Part I and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, (ii) thoroughly analyzed the potential relevant areas of environmental concern to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR §617.7(c), and (iii) completed the EAF, Part 2. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board of the Town of Dryden, based upon (i) its thorough review of the EAF, Part I and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, (ii) its thorough review of the potential relevant areas of environmental concern to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR §617.7(c), and (iii) its completion of the EAF, Part 2, including the reasons noted thereon (which reasons are TB 11-15-18 Page 7 of 13 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 2. The Responsible Officer of the Town Board of the Town of Dryden is hereby authorized and directed to complete and sign as required the determination of significance, confirming the foregoing Negative Declaration, which fully completed and signed EAF and deter mination of significance shall be incorporated by reference in this Resolution. 2nd Cl Lamb Roll Call Vote Cl Green Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes The board reviewed the proposed resolution approving the project. R Burger stat ed he has gone over the conditions with the applicant who finds them acceptable. RESOLUTION #170 (2018) - Approving Site Plan and Granting Special Use Permit for a Professional Office (veterinary clinic) at 1610 Dryden Road, Tax Parcel 44.-1-13.412 Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, A. Janette and Curtis Dewey have applied for a Special Use Permit (SUP) to operate a professional office (veterinary clinic) at 1610 Dryden Road, Tax Parcel 44.-1-13.412; and B. The proposed clinic will occupy an existing commercial building; and C. An application, sketch plan, short EAF, and Ground Disturbance Tally Form have been submitted, and D. The Town Planning Department considers the application complete and in conformance with the requirements of Town Zoning Law §501, §600, §1103 and §1201, and E. A public hearing was held on October 18 and reconvened on November 15, 2018 with public comments registered in the meeting minutes and considered by this board, and F. The Tompkins County Planning Department has reviewed the application pursuant §239 –l, -m, and –n of the New York State General Municipal Law, and G. In a letter dated October 25, 2018, the Tompkins County Planning Department concluded that the proposal will have no negative inter-community or county-wide impact, and H. The Stormwater Management Officer reviewed the proposal and concluded that only a ‘Simple’ Stormwater Pollution Prevention Plan (SWPPP), consisting of erosion and sediment control practices, and prepared by the Stormwater Management Officer, is required, and I. Pursuant to the New York State Environmental Quality Review Act (“SEQRA”) and its implementing regulations at 6 NYCRR Part 617, the Town Board of the Town of Dryden has, on October 18, 2018, made a negative determination of environmental significance, TB 11-15-18 Page 8 of 13 after having reviewed and accepted as adequate the Short Environmental Assessment Form Parts 1, 2, and 3, and J. The Town Board has reviewed this application relative to the considerations and standards found in Town Zoning Law §1104 for site plan review and §1202 for Special Use Permit. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board approves the sketch plan documents, submitted with the application dated August 29, 2018 and revised October 3, 2018, as site plan for 1610 Dryden Road, conditioned on the following prior to issuance of a Certificate of Occupancy: a. A landscaping plan shall be submitted to and approved by the Director of Planning. b. The landscaping plan shall include low profile landscaping for screening the parking lot(s). The plan shall also include two large trees per guidance in the Route 13 Corridor Plan. c. To the extent practicable, the sign shown on the site plan shall conform to Town commercial design guideline standards. d. Dumpster enclosure shall be located wholly outside of the DOT right -of-way and the applicant shall provide evidence that NYDOT approved the apparent encroachment e. Preserve the shoulder area in the DOT right-of-way to allow TCAT buses to pull over along Route 13. f. Should the NYS Department of Transportation (NYSDOT) require the proposed entrance to be relocated, a new site plan, reflecting that change, shall be submitted to the Director of Planning. If significant changes (to be determined by the Director of Planning) to the site plan are necessary because of NYSDOT requirements, a new Site Plan Review shall be required. g. The Neptune Hose Company (Dryden Fire Department) shall approve the driveway dimensions and turning radii. 2. The Town Board hereby finds that the considerations for approval of the requested Special Use Permit listed in Section 1202 of the Town of Dryden Zoning Law have been met, specifically that: a. The proposed use is compatible with the other permitted uses in the Rural Residential district and compatible with the purpose of this district as professional offices are an allowed use in this district and this parcel is located along the Route 13 corridor with other commercial businesses; b. The proposed use is compatible with adjoining properties and with the natural and manmade environment, as this proposal is for the re-use of an existing commercial facility with minimal site changes proposed. The property is adjacent to a vacant parcel to the east, and single-family dwellings to the south and west. There is also a business located to the south and the Route 13 corridor has other businesses in the general area; c. Parking, vehicular circulation, and infrastructure for the proposed use is adequate. The requirement for sidewalks along the frontage is waived since there are no existing or planned pedestrian facilities along this busy stretch of Route 13; d. The overall impact on the site and its 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 Short Environmental Assessment Form; TB 11-15-18 Page 9 of 13 e. Restrictions and/or conditions on design of structures or operation of the use (including hours of operation) necessary to ensure compatibility with the surrounding uses or to protect the natural or scenic resources of the Town have been incorporated into the site plan; f. The project complies with the requirements for site plan review and conforms to the Town’s Commercial Design Guidelines to the maximum extent practicable in that: the site is screened from residential uses by the existing landscape and will be further screened by additional landscaping, the primary parking area is shifted from the front of the building to side of the building, only one access point to and from the highway is proposed, accommodations for alternative means of transportation a re provided (bike rack), 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 a Special Use Permit for the professional office at 1610 Dryden Road with the Town of Dryden Standard Conditions of Approval as amended August 14, 2008. 2nd Cl Servoss Roll Call Vote Cl Green Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes HIGHWAY DEPARTMENT/DPW Bridge Updates – Cl Servoss and Supv Leifer attended a meeting of the Infrastructure Committee of the County Legislature. Dave Weinstein was invited and gave a presentation about Freese Road Bridge. An explanation of why the town board chose the option it did for the Section 106 review. Supv Leifer said he believes the board needs to clear up some information that was being distributed to the public. Cl Servoss will prepare a response to that and no board action is necessary at this point. DOT has the town’s choice and they will move forward. Cl Servoss will share with the county committee the town attorney’s opinion with respect to town liability for the road design. D Weinstein appears to be working with numbers that are not consistent with the information provided by the town’s consultant. Advisory Board Update Emergency Services Committee – Cl Servoss reported they had a good meeting last night and everyone is willing to work together. They discussed having an ambulance housed at Varna. It presents a problem because most of their calls are in the Village of Dryden. They will do a trial on weekdays with a crew to see how it goes and whether it makes a significant improvement. If so, they will work at getting more volunteers and if no t, it will stay as is. It was suggested that fire volunteers get more training to be CFR certified so they can do more onsite than currently happens. Dryden ambulance will do that training for town fire staff. They also discussed the Fire Warden. There is a specific job description in the law. They discussed a different position and came up with the term fire services coordinator and will present a job description by the end of the year. Their next meeting is December 18 at 7:00 p.m. at the Etna Fire station. Planning Board – The Planning Board has asked the Town Board to officially ask them to review the site plan and SEQR for the Trinitas project. Cl Green said she would appreciate their input and counsel in the process. TB 11-15-18 Page 10 of 13 RESOLUTION #171 (2018) – REQUEST PLANNING BOARD REVIEW OF TRINITAS SITE PLAN AND SEQR DOCUMENTS Cl Lamb offered the following resolution and asked for its adoption: RESOLVED, that the Dryden Town Board is pleased to accept the Planning Board’s offer to review site plan and SEQR for the Trinitas project. 2nd Cl Leifer Roll Call Vote Cl Green Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes Rail Trail Task Force – There will be a public hearing in December to accept the final easements. One of those is for 1061 Dryden Road. Cl Green expects it will be ready for public hearing in on December 18. The hearing for 1061 needs to be reopened and the approval amended to reflect requirement of an easement over the rail trail portion of the property and not a deed to the town. Once the final easements are in place and accepted, the town will be able to sign the agreement with NYS Parks for the $182,000 grant. There is currently a vacancy on the Task Force. Donation Policy Modification – Cl Green explained that the policy had misnamed the person who would collect donations. That should be the Town Clerk. There was language that the Town Board would approve donations and associated inscriptions on plaques and instead they now propose it be designated to be the Rail Trial Task Force. The Town Attorney asked that language be inserted that the Town Board reserves the right to refuse any donation that appears to endorse a particular commercial enterprise. RESOLUTION #172 (2018) – AMEND RAIL TRAIL GIFT POLICY Cl Green offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby amends the Rail Trail Gift Policy as described above and set forth below: Dryden Rail Trail Task Force Gift Policy (Rev. 11/15/18) Mission The Mission of the Dryden Rail Trail Task Force is to take deliberate steps to develop the Dryden Rail Trail including acquiring easements, securing funding and moving the project through planning, design and construction. Gift Policy Statement While municipalities in NYS are prohibited from soliciting gifts, they are permitted to accept them. On behalf of the residents of the Town of Dryden, gifts in support of the Dryden Rail Trail are gratefully accepted by the Town as defined in the follow ing paragraphs. Purpose of Gift Policy The purpose of this policy is to define a structure for gifts that create a naming opportunity for the donor: • Define the types of gifts that will be accepted by the Town. TB 11-15-18 Page 11 of 13 • Define how the gift program will be administered by the Town. Types of Gifts Accepted Under This Policy This Gift Policy provides for acceptance of cash gifts to the Town in two gift types: • A naming opportunity on a bench to be located along the trail. The donor may select a memorial or other inscription that will be placed on a bench. Note the Rail Trail Task Force selects bench designs and locations that will be used for all benches along the trial. Each bench will have only one donor inscription. The inscription will be placed on a plaque approximately 3"x10" provided by the Town. Bench naming opportunities cost $800. • A naming opportunity for a kiosk to be located at various trail heads along the trail. The donor may select a memorial or other inscription that will be placed on the kiosk. Note the Rail Trail Task Force selects kiosk designs and locations that will be used for all kiosks along the trail. Each kiosk will have only one donor inscription. The inscription will be placed on a plaque up to 140 square inches. Kiosk naming opportunities cost $10,000. Gift Administration The gift program will be administered as follows: • The Rail Trail Task Force will designate a person familiar with the project to work with each prospective donor on selecting a bench or kiosk. Note that, while the Town is prohibited from soliciting gifts, private individuals acting on their own behalf may do so. • The Rail Trail Task Force is responsible for managing the installation of each bench, kiosk and associated plaques. Installation/construction work may be done by volunteers, by Town of Dryden Department of Public Works staff, or by contract with a private company. • Bench and kiosk signage will be maintained by the Town of Dryden Department of Public Works for the life of the bench/kiosk. • All gift funds will be used to pay for development and construction of the Dryden Rail Trail. Gifts will be received in the form of checks made out to the Town of Dryden. Checks will be given to the Town Clerk. • The Dryden Rail Trail Task Force is designated by the Town Board to approve each gift and its associated inscription wording by formal action. Following acceptance, donors will be provided an acknowledgement of the gift on Town letterhead. The Town will keep records of gifts and gift commitments. • Town Board reserves the right to decline any signage that appears to endorse any private commercial business. • Tax exempt status of gifts to the Town is covered in an IRS publication at https://www.irs.gov/government-entities/federal-state-local- governments/governmental-information-letter • The Dryden Rail Trail Gift Policy will go into effect upon approval by the Dryden Town Board. The Policy is subject to an annual review by the Town Board and may be modified by formal action of the Board. The Policy is intended to last the life of the Trail. In the event the Rail Trail Task Force is decommissioned the Town Board may appoint a new entity/group to administer the gift program. • This Gift Policy will be posted on the Town of Dryden web page and a hard copy will be provided to prospective donors prior to gift acceptance. 2nd Supv Leifer Roll Call Vote Cl Green Yes Cl Servoss Yes Cl Lamb Yes TB 11-15-18 Page 12 of 13 Supv Leifer Yes New Business Revolving Loan Fund – The Town previously voted to accept a letter from Rich Cunningham on behalf of Thoma Consultants about rates for setting up the town’s loan fund. We have not yet received a contract, but expect it will be forthcoming. Cl Lamb asked that the board authorize the Supervisor to sign the contract as described in the letter dated September 10, 2018, when it arrives. RESOLUTION #173 (2018) – AUTHORIZE SUPERVISOR TO SIGN CONTRACT WITH THOMA CONSULTANTS Cl Lamb offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the Town Supervisor to execute a contract with Thoma Development Consultants to provide services regarding the town’s revolving loan fund program as described in a letter from Rich Cunningham to Dan Lamb dated September 10, 2018. 2nd Cl Green Roll Call Vote Cl Green Yes Cl Servoss Yes Cl Lamb Yes Supv Leifer Yes Lee Road – The TC3 Foundation special use permit contains a provision that there be no access from the dorms to Lee Road. They would like to amend the approval to provide for access to Lee Road. That amendment will require a public hearing and public notice. That will be scheduled for the December 20 meeting. Cl Lamb said this is a priority for TC3 and the board wants to cooperate with them. Leonardo Parcel on Fall Creek – R Burger said Finger Lakes Land Trust and County Planning are currently talking with the owner about a conservation easement along back side of this property. The board indicated it would be interested in this acquisition. Citizens Privilege Chuck Geisler, 517 Ellis Hollow Creek Road, said he has been concerned that the Trinitas proposal has a murky energy component. He has heard that Trinitas has given at least a verbal guarantee that there will be heat pumps and he is pleased to hear that. He did some research and read a letter from Kim Hansen that talks about things that th ey are going to do in the spirit of the Varna Community Development Plan. He noted a pocket park, a trail, an open access community garden and a ton of green space and maybe a park across the street. All those things are nice but are side courses when it comes to the real issue of climate change and the fact that we are on borrowed time. He said both Ames, Iowa and Upper Michigan cancelled their contracts with Trinitas. From what he can tell the concessions that they made to those two communities exceed what was in that letter. He will assume that the Town of Dryden asked for more and got more than the other two communities. If not, now is definitely the time to do it. The town has a lot of leverage in the community development plan. About 300 of the 500 bedrooms anticipated in the plan are already committed. You could scale them back and make sure that we get heat pumps and other renewables. The attached documents were provided by Mr. Geisler. TB 11-15-18 Page 13 of 13 Cl Lamb - Trinitas has agreed to use heat exchangers and not natural gas. Cl Green - thinks there are issues in the definition of heat pumps. We need to clarify that Trinitas understands that we mean air source heat pumps. The board has an opportunity to review this through the SEQR process and have asked the Planning Board to assist. She wants to be stricter than they were at the sketch level of the process. C Geisler - Trinitas could cut their project in half or do business with respect to energy. Joe Wilson said he shares C Geisler’s concern after studying the SEQR, documents from TG Miller and the letter from Trinitas that there is nothing concrete about what their plans are with respect to energy, the source of energy or a basis for saying they will mitigate the increased use of new energy. If the board is going to Neg Dec the project, you must have a basis for saying that impacts like a 500-bed set of units and the energy and emissions it will generate will be mitigated by something. The only thing about energy efficiency he has seen is reference to LEED. LEED lower levels are not energy efficiency specific and are not performing at a demonstrative level that is better than the electric code based on research done in New York City. There are opportunities in the documents already shared and the FEAF Part 1 to talk about how much energy they will use, how much methane they will generate and how to mitigate it. There is ample opportunity to be specific. He shared the attached article by Anthony Guardino regarding strict compliance with SEQRA. Supv Leifer reviewed items for the December agenda meeting: • Documents about the water/sewer consolidation • Decommissioning plan for the Ellis Tract solar project • Bond was issued for the Red Mill/Malloryville Bridges with First National Bank of Dryden • Clarity Connect applied for/received last mile funding for fiber to the home and will be starting in Dryden. They will start when weather permits and store the fiber at the Beam Hill tower. There being no further business, on motion made, seconded and unanimously carried, the meeting was adjourned at 8:35 p.m. Respectfully submitted, Bambi L. Avery Town Clerk