HomeMy WebLinkAbout2023-08-10TB 8-10-23
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TOWN OF DRYDEN
TOWN BOARD MEETING
August 10, 2023
Zoom Hybrid
Present: Supervisor Jason Leifer, Cl Daniel Lamb, Cl Leonardo Vargas-
Mendez, Cl Christina Dravis, Cl Spring Buck
Elected Officials: Bambi L. Avery, Town Clerk
Rick Young, Highway/DPW Superintendent
Other Town Staff: Ray Burger, Planning Director
Cassie Byrnes, Secretary to Supervisor
Amanda Anderson, Bookkeeper
Chris O’Connor, Fire Coordinator
Supv Leifer opened the meeting at 6:03 p.m.
FINANCIALS & HUMAN RESOURCES
RESOLUTION #134 (2023) – APPROVE ABSTRACT #8
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves Abstract #8, as audited, general
vouchers #680 through #805 ($1,043,040.72) and TA vouchers #88 through #91 ($5,902.29),
totaling $1,048,943.01.
2nd Cl Lamb
Roll Call Vote Cl Vargas-Mendez Yes
Cl Buck Yes
Cl Dravis Yes
Cl Lamb Yes
Supv Leifer Yes
PUBLIC HEARING
PROPOSED LOCAL LAW TO
OVERRIDE THE TAX LEVY LIMIT
Supv Leifer opened the public hearing at 6:05 p.m. He said the town has passed this
local law each year since the tax levy cap went into place. It also affects any of the special
districts. This is being done as a precaution in the event any budget should exceed the levy
cap and there would be little time to adopt this local law. There were no comments and the
hearing was left open at 6:07 p.m.
PUBLIC HEARINGS (CONTINUATION)
PROPOSED LOCAL LAWS TO ESTABLISH A BILLBOARD OVERLAY DISTRICT AND
AMEND TOWN CODE CHAPTER 270
Ray Burger explained these hearings were opened in June and they were left open while
the board took the opportunity to do some more research and gather more information and
data on brightness levels. The current draft is revised to reduce the brightness level at night
from 280 down to 150 candelas and increase the daytime brightness from 4200 to 5000
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candelas. There was also another minor change to clarify that we were allowing two-sided
signs, but it doesn’t have to be electronic on both sides. The time for message changes was
reduced from 30 seconds to 8 seconds. One proposed local law establishes the overlay district
and the other is the regulation for controlling the signs. The SEQR is combined and covers
both laws.
Cl Lamb stated there are a lot of specifics in the documents. It wasn’t rushed and the
board looked at different resources to figure how bright the signs should be and how long the
messaging should stay visible. We don’t allow animations and things that could be distracting
to drivers. There are height limits and structural design guidelines. He appreciates Rick
Steele, Chief Operating Officer of Park Outdoor, working with the board on this.
There were no further comments. Supv Leifer closed the public hearings at 6:11 p.m.
The board reviewed the Environmental Assessment Form as submitted. Supv Leifer
read the statement of impacts into the record. The board considered the comments in
Tompkins County Planning’s GML §239 review.
RESOLUTION #135 (2023) - DETERMINATION OF TYPE OF ACTION
AND SIGNIFICANCE UNDER THE STATE ENVIRONMENTAL
QUALITY REVIEW ACT FOR PROPOSED LOCAL LAW
Supv Leifer offered the following resolution and asked for its adoption:
WHEREAS, the Town Board of the Town of Dryden is proposing to adopt a Local Law
Placing Portions of Tax Map Numbers 42.-1-2, 42.-9.11, 42.-9.2,11, 42.-44, 42.-31.4, 42.-31.3,
42.-36.2, 42.-35.5, 42.-35.3, 42.-35.2, 42.-36.2, 52.-1-4.31, 52.-4.32, 52.-4.6, 52.-4.11, 52.-
4.12, 52.-4.2, 52.-14.1, 52.-14.2, 52.-5, 52.-13, 52.-13.1, 52.-8.5, 52.-8.6, 52.-8.1, 52.-8.2, 52.-
8.3 within the Billboard Overlay District, which was presented to the Town Board at said meeting;
and
WHEREAS, the Local Law has been discussed by the Town Board at length, and the Town
Board has carefully considered the nature and scope of the proposed Local Law, and the Town
Board now wishes to fully comply with its obligations und er SEQRA and the regulations
thereunder with respect to the proposed Local Law; and
WHEREAS, pursuant to the regulations, the Town Board has considered the significance
of the potential environmental impacts of the Local Law by using the criteria specified in Section
617.4 of the Regulations, and examined the Full Environmental Assessment Form prepared
herewith, together with other available supporting information, to identify the relevant areas of
environmental concern, and thoroughly analyzing the identified areas of relevant environmental
concern.
NOW THEREFORE, BE IT RESOLVED by the Town Board of the Town of Dryden as
follows:
RESOLVED that the Town Board hereby declares itself lead agency pursuant to SEQRA
for this action, finds and concludes that the proposed action is a Type I action within the meaning
of 6 NYCRR 617.4 and therefore is subject to review under SEQRA and the regulations
thereunder, and determines that the review is a coordinated review; and be it further
RESOLVED that because this action is an amendment of the Town’s local laws, no other
agencies are interested or involved parties to this action; and be it further
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RESOLVED that based upon an examination of the Full Environmental Assessment Form
and other available supporting information, and considering both the magnitude and importance
of each relevant area of environmental concern, and based further upon the Town Board’s
knowledge of the Type I action and such further investigation of the Local law and its respective
potential environmental impacts as the Town Board has deemed appropriate, the Town Board
finds and determines that no significant adverse environmental impacts are noted in the Full
Environmental Assessment Form for the Local Law and none are known to the Town Board and,
therefore, the Local Law will not have a significant adverse environmental impact as a
consequence of the foregoing. This resolution shall serve as the Negative Declaration for adoption
of the Local Law; and be it further
RESOLVED this resolution shall take effect immediately.
2nd Cl Lamb
Roll Call Vote Cl Vargas-Mendez Yes
Cl Buck Yes
Cl Dravis Yes
Cl Lamb Yes
Supv Leifer Yes
The board considered adoption of the following proposed local law:
Section 1. Placement of the Billboard Overlay (BO) District.
Those portions of the below listed parcels within One-Hundred and Fifty (150) feet of the
centerline of New York State Route 13 are hereby placed within the Billboard Overlay (BO)
District. The Town of Dryden Zoning Map shall be amended accordingly.
Tax Map Numbers:
42.-1-2 42.-1-35.2 52.-1-14.2
42.-1-9.11 42.-1-36.2 52.-1-5
42.-1-9.2 52.-1-4.31 52.-1-13
42.-1-11 52.-1-4.32 52.-1-13.1
42.-1-44 52.-1-4.6 52.-1-8.5
42.-1-31.4 52.-1-4.11 52.-1-8.6
42.-1-31.3 52.-1-4.12 52.-1-8.1
42.-1-35.5 52.-1-4.2 52.-1-8.2
42.-1-35.3 52.-1-14.1 52.-1-8.3
Section 2. Remainder.
Except as hereinabove amended, the remainder of the Code of the Town of Dryden shall
remain in full force and effect.
Section 3. Separability.
The provisions of this Local Law are separable and if any provision, clause, sentence,
subsection, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any
person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall
not affect or impair any of the remaining provisions, clauses, sentences, subsections, words, or
parts of this local law or their application to other persons or circumstances. It is hereby declared
to be the legislative intent that this local law would have been adopted if such illegal, invalid, or
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unconstitutional provision, clause, sentence, subsection, word or part had not been included
therein, and as if such person or circumstance, to which the local law or part thereof is held
inapplicable, had been specifically exempt therefrom.
Section 4. Effective Date.
This Local Law shall take effect immediately upon filing with the New York State Secretary
of State in accordance with Section 27 of the Municipal Home Rule Law.
RESOLUTION #136 - APPROVING A LOCAL LAW ESTABLISHING THE
BILLBOARD OVERLAY DISTRICT
Supv Leifer offered the following resolution and asked for its adoption:
WHEREAS, the Town of Dryden scheduled a public hearing for June 15, 2023 at 6:00
p.m. for Local Law No. 6 of 2023 entitled “A LOCAL LAW PLACING PORTIONS OF TAX MAP
NUMBERS 42.-1-2, 42.-9.11, 42.-9.2,11, 42.-44, 42.-31.4, 42.-31.3, 42.-36.2, 42.-35.5, 42.-
35.3, 42.-35.2, 42.-36.2, 52.-1-4.31, 52.-4.32, 52.-4.6, 52.-4.11, 52.-4.12, 52.-4.2, 52.-14.1, 52.-
14.2, 52.-5, 52.-13, 52.-13.1, 52.-8.5, 52.-8.6, 52.-8.1, 52.-8.2, 52.-8.3 WITHIN THE
BILLBOARD OVERLAY DISTRICT”; and
WHEREAS, notice of said public hearing was duly advertised in the official newspaper of
the Town and posted on the Town Clerk’s signboard; and
WHEREAS, said public hearing was duly held on the 15th day of June, 2023 at 6:00 p.m.
and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition
to said proposed Local Law, or any part thereof; and
WHEREAS, pursuant to Part 617 of the implementing regulations of the State
Environmental Quality Review Act, it is determined by the Town Board that adoption of the
proposed Local Law constitutes a Type I Action, as defined under said regulations. The Town
Board has considered the possible environmental impacts of the Local Law. The adoption of said
Local Law will not have a significant adverse impact on the environment and the Town Board
adopted a negative declaration with respect to the Local Law; and
WHEREAS, the Town Board, after due deliberation, finds it in the best interest of the
Town to adopt said Local Law.
NOW, THEREFORE BE IT RESOLVED that the Town Board hereby adopts said local law
as Local Law No. 6 of 2023 entitled “A LOCAL LAW PLACING PORTIONS OF TAX MAP NUMBERS
42.-1-2, 42.-9.11, 42.-9.2,11, 42.-44, 42.-31.4, 42.-31.3, 42.-36.2, 42.-35.5, 42.-35.3, 42.-35.2,
42.-36.2, 52.-1-4.31, 52.-4.32, 52.-4.6, 52.-4.11, 52.-4.12, 52.-4.2, 52.-14.1, 52.-14.2, 52.-5,
52.-13, 52.-13.1, 52.-8.5, 52.-8.6, 52.-8.1, 52.-8.2, 52.-8.3 WITHIN THE BILLBOARD OVERLAY
DISTRICT”; a copy of which is attached hereto and made a part hereof; and be it further
RESOLVED that the Town Clerk be and hereby is directed to enter said Local Law in the
minutes of this meeting and to give due notice of the adoption of said Local Law to the Secretary
of State; and be it further
RESOLVED that this resolution will take effect upon filing with the Depart ment of State.
2nd Cl Lamb
Roll Call Vote Cl Vargas-Mendez Yes
Cl Buck Yes
Cl Dravis Yes
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Cl Lamb Yes
Supv Leifer Yes
RESOLUTION #137 (2023) - A DETERMINATION OF TYPE OF ACTION
AND SIGNIFICANCE UNDER THE STATE ENVIRONMENTAL
QUALITY REVIEW ACT FOR PROPOSED LOCAL LAW
Supv Leifer offered the following resolution and asked for its adoption:
WHEREAS, the Town Board of the Town of Dryden is proposing to adopt a Local Law
Amending Chapter 270 of the Town Code Regarding Billboards, which w as presented to the Town
Board at said meeting; and
WHEREAS, the Local Law has been discussed by the Town Board at length, and the Town
Board has carefully considered the nature and scope of the proposed Local Law, and the Town
Board now wishes to fully comply with its obligations under SEQRA and the regulations
thereunder with respect to the proposed Local Law; and
WHEREAS, pursuant to the regulations, the Town Board has considered the significance
of the potential environmental impacts of the Local Law by using the criteria specified in Section
617.4 of the Regulations, and examined the Full Environmental Assessment Form prepared
herewith, together with other available supporting information, to identify the relevant areas of
environmental concern, and thoroughly analyzing the identified areas of relevant environmental
concern.
NOW THEREFORE, BE IT RESOLVED by the Town Board of the Town of Dryden as
follows:
RESOLVED that the Town Board hereby declares itself lead agency pursuant to SEQRA
for this action, finds and concludes that the proposed action is a Type I action within the meaning
of 6 NYCRR 617.4 and therefore is subject to review under SEQRA and the regulations
thereunder, and determines that the review is a coordinated review; and be it further
RESOLVED that because this action is an amendment of the Town’s local laws, no other
agencies are interested or involved parties to this action; and be it further
RESOLVED that based upon an examination of the Full Environmental Assessment Form
and other available supporting information, and considering both the magnitude and importance
of each relevant area of environmental concern, and based further upon the Town Board’s
knowledge of the Type I action and such further investigation of the Local law and its respective
potential environmental impacts as the Town Board has deemed appropriate, the Town Board
finds and determines that no significant adverse environmental impacts are noted in the Full
Environmental Assessment Form for the Local Law and none are known to the Town Board and,
therefore, the Local Law will not have a significant adverse environmental impact as a
consequence of the foregoing. This resolution shall serve as the Negative Declaration for adoption
of the Local Law; and be it further
RESOLVED this resolution shall take effect immediately.
2nd Cl Lamb
Roll Call Vote Cl Vargas-Mendez Yes
Cl Buck Yes
Cl Dravis Yes
Cl Lamb Yes
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Supv Leifer Yes
The board considered the following proposed local law:
Section 1. Legislative Intent.
It is the intent of this zoning local law to amend Chapter 270 of the Code of the Town of Dryden,
thereby providing authority for the establishment of Billboard Overlay Districts within the Town
of Dryden, and otherwise amending Chapter 270 regarding billboards.
Section 2. Purpose.
The Town recognizes that billboards are, by their nature, different in scope and purpose from
other types of signage in the Town. Among other matters, billboards advertise or communicate
goods, services or messages not conducted, sold, or generated on the lot where the billboard is
located. Billboards are significantly larger in size than other types of signage allowed in the Town
and their principal purpose is to dramatically attract the attention of the travelling public. The
potential impact of a billboard on adjacent areas is significantly greater than other types of
signage. Recently, more businesses desire to utilize advancements in technology which permit
signs (including billboards) to change copy electronically (e.g., utilizing an LED or digital type of
sign). These newer technologies exacerbate the potential impact of a billboard in terms of
adversely dominating the environment in which they operate due to light spillover and light
pollution, unless regulated in a reasonable fashion. The intent of this local law is to establish
size, location and operating standards and regulations for billboards, including addressing those
utilizing these newer technologies, in order to minimize the secondary effects that can accompany
the unregulated display of these types of signs, preserve the character and repose of adjacent
areas (with a principal focus on residential neighborhoods), protect property values in all areas
of the Town, and reduce traffic and similar hazards caused by undue distractions.
Section 3. Authority.
This Local Law is adopted pursuant to Municipal Home Rule Law §10(1)(ii)(a) and Town Law
§265.
Section 4. Amendments to Chapter 270 of the Town Code.
A. Article III, Section 270-3.2 of the Town of Dryden Code entitled “Definitions” is hereby
amended by inserting in alphabetical order the following definition:
§ 270-3.2 Definitions.
SIGN, ELECTRONIC BILLBOARD
Electronic Billboard means a Billboard that incorporates or displays digital or electronic
images or messages with the capability to change such images or messages by any
method other than manually removing and replacing the billboard or its components.
B. Article IV, Section 270-4.1 of the Town Code entitled “Districts” is hereby amended by
relisting the existing subparagraphs “A” through “L” as subparagraphs “B” through “M” and
inserting a new subparagraph “A” as follows:
A. Billboard Overlay District. The purpose of the Billboard Overlay (BO) District is to define
a location where Billboards may be appropriate, and to define specific requirements for
the review and approval of Billboards. By establishing a Billboard Overlay District, the
Town intends to encourage the responsible development and location of Billboards,
thereby reducing the potential harmful impacts from Billboards. Areas suitable to the
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Billboard Overlay District are those of an industrial and commercial character, without
nearby residential development.
C. Article VIII, entitled “Overlay Districts” is hereby amended by adding a new Section 270 -
8.3 as follows:
§ 270-8.3 Billboard Overlay (BO) District.
A. Purpose and applicability. The purpose of this district is to define a location where
Billboards may be appropriate, and specific requirements for the review and approval of
Billboards.
B. Establishment of the district. The BO District is an overlay zone, and is not defined as of
the date of the adoption of the Town of Dryden Zoning Map. When the Zoning Law is
amended to create the BO District, the Zoning Map will delineate the boundaries of the
BO District.
C. Bulk Requirements, Permitted Principal and Accessory Uses, Site Plan, and Special
Permit Requirements for uses other than Billboards. Any property designated as a BO
District is subject to the district regulations of the underlying district upon which it is
imposed as well as the district regulations set forth herein. In the case of any conflict
between the district regulations applicable in an existing district upon which the BO
District is imposed and the district regulations set forth herein, these regulations shall
be controlling.
D. Special Permit Required. Prior to the construction or placement of a Billboard, it shall
receive special permit approval. In considering applications for special permit approval,
in addition to the other requirements of this chapter, the Town Board shall take into
consideration the size, type of construction, design, location, its effect on surrounding
property, safety of vehicular traffic and maintenance provisions, including a provision for
removal of the Billboard, if abandoned.
E. Location and Spacing. All Billboards erected pursuant to this section shall comply with
the following location and spacing requirements:
i. The minimum distance from other existing Billboards, including those located
outside the boundaries of the Town, shall be 0.5 miles, except that the minimum
distance for Electronic Billboards from other existing Billboards (including other
Electronic Billboards), shall be 1 mile.
ii. The minimum distance from any and all single- or multiple family dwelling(s),
including those located outside the boundaries of the Town, shall be 500 feet.
Under all circumstances, light shall be shielded from such properties.
iii. Billboards shall not be located on top of, cantilevered over or otherwise suspended
above any building or structure.
iv. Billboards shall not be located closer than five feet from any state, county or town
right-of-way, or thirty feet from the street, highway, or road lane of travel,
whichever is greater.
v. Billboards shall not be located closer than 500 feet from a street, highway or road
intersection.
vi. Billboards shall, in addition to the foregoing requirements, be located in areas
with minimum other distractions.
F. Illumination.
(1) All Billboards with standard illumination shall be equipped with a timer so as to
only illuminate such Billboard for the time period between one half-hour prior to
sunset and one half-hour after sunrise.
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(2) All Electronic Billboards shall be equipped with a mechanism to automatically
adjust the brightness in response to ambient conditions and to produce a distinct
reduction in the level of illumination for the time period between 1/2 hour prior
to sunset and 1/2 hour after sunrise. Electronic Billboards shall also be equipped
with a means to immediately turn off the display or lighting if they malfunction,
and the owner thereof shall immediately turn off the electronic messages or
lighting when notified by the Town that it is not in compliance with this law.
(3) The maximum brightness levels of all Billboards shall not exceed brightness of
5,000 candelas per square meter during the daytime, and 150 candelas per
square meter during the nighttime.
G. Height. The height of the Billboard shall not exceed 20 feet in heig ht, including support,
measured from the elevation base of the sign. In addition, the Billboard’s height shall not
exceed 30 feet above the highest level of the nearest roadway upon which the Billboard
faces or to which the message upon the Billboard is directed. In the event that a Billboard
is situated upon or facing two roadways having different levels, the height of the Billboard
shall be measured from the higher roadway.
H. Size; surface area.
(1) The surface display area of any side of a Billboard shall not exceed 300 square
feet.
(2) The surface display area of a Billboard shall be measured to include the entire
area within a regular geometric form or combinations thereof comprising all of the
display area of the billboard, including all of the elements of t he matter displayed.
Frames and structural members, excluding necessary supports or uprights, shall
be included in computation of surface display area. In the case of a sphere,
spheroid, or similarly shaped billboard (e.g., a ball), the total surface displ ay area
shall be divided by two for determining the maximum surface display area
permitted.
(3) Tandem or stacked Billboards are prohibited.
(4) Vee-style and double-sided Billboards are permitted.
I. Construction and maintenance.
(1) All Billboards shall be constructed in such a fashion that they will withstand all
wind and vibration forces that can normally be expected to occur in the vicinity
and in compliance with all applicable codes.
(2) All Billboards shall be maintained so as to assure proper alignment of structure,
continued structural soundness and continued readability of message.
(3) All Billboards must be otherwise kept in good repair, be clean, neatly painted or
placarded, and free from all hazards, including but not limited to faulty wiring,
loose fastenings, or damaged supports. The Billboard shall not be dangerous to
the public health or safety. If the Code Enforcement Officer shall find that any
such Billboard violates any of these provisions, he or she shall give written notice
of such violation to the owner of the land, and the Billboard shall be removed or
the deficiencies corrected within a period set in such notice but not less than 30
days from such notice.
(4) In the event that the owner of the Billboard or the owner of the land on which it
is situate shall fail or refuse to repair or remove such Billboard within any required
period, the Code Enforcement Officer may remove or repair such Billboard. All
costs and expenses incurred in the removal or repair of such Billboard shall be
collected from the owner of the land or the owner of the Billboard in an action at
law, or such costs and expenses may be assessed against the owner of the land
upon which the Billboard is situate and shall be collected as part of the Town tax
next due. No such amount shall be so assessed and collected unless a notice in
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writing of the amount due has been sent to the owner of the land on which the
Billboard is erected prior to the first day of September of the next year in which
the amount is to be assessed and collected along with the Town tax.
J. Electronic images and messages.
(1) Format.
i. Electronic Billboards shall contain only a single, contiguous electronic
message on each Billboard face, or a single, contiguous electronic message
on one Billboard face and a non-digital/non-electronic image or message
on the other Billboard face.
ii. Images and messages displayed on Electronic Billboards shall be static or
still images. Animation, video streaming, moving images, or other pictures
and graphics displayed in a progression of frames that give the illusion of
motion or moving objects is prohibited.
iii. Sequential messaging as part of an electronic message is prohibited. The
images and messages displayed on all Electronic Billboards shall be
complete within themselves without continuation in content to the next
image or message or to any other Billboard.
(2) Size. Every line of copy and graphics in an electronic message shall be at least 12
inches in height, except that any copy or graphic required by law (e.g., political,
alcohol, health advertisements) may be at least 5 inches in height. If there is
insufficient room for copy and graphics of this size within the actual copy and
graphic area of a billboard, then no electronic message shall be permitted.
(3) Duration.
i. The display or message on a digital billboard may change no more
frequently than once every eight seconds.
ii. The transition from one static image or message to another shall be
instantaneous, without delay or special effects.
(4) Emergency and public messages. Digital billboards shall be made available to the
Town, county, and state emergency services in case of emergency or for such
matters as Amber Alerts.
(5) Safety and security technology. Electronic Billboards shall be designed and
equipped to freeze the device in one position if a malfunction occurs. Electronic
Billboards must also be equipped with a means to immediately discontinue their
display if they malfunction or are accessed by persons not authorized to do so,
and the owner thereof must immediately stop the electronic message or image
when notified by the Town that it is not complying with the standards of this law.
Prior to issuing any necessary permits for an Electronic Billboard, the applicant
shall submit to the Town a data security plan to prevent unwanted content from
being displayed, and written verification from the manufacturer that the
Electronic Billboard is so designed and equipped.
K. Other applicable laws. All Billboards must comply with all applicable provisions of federal
and state law, and all other relevant regulations and ordinances of the Town.
D. Section 270-9.4(C)(7)(a) through (e) of the Town of Dryden Code, including all
subparagraphs thereof, is hereby amended by replacing said subparagraph with the following:
(7) Billboards. Billboards are allowed only in the Billboard Overlay District.
Section 5. Remainder
Except as hereinabove amended, the remainder of the Code of the Town of Dryden shall remain
in full force and effect.
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Section 6. Separability
The provisions of this Local Law are separable and if any provision, clause, sentence, subsection,
word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or
circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect
or impair any of the remaining provisions, clauses, sentences, subsec tions, words, or parts of
this local law or their application to other persons or circumstances. It is hereby declared to be
the legislative intent that this local law would have been adopted if such illegal, invalid, or
unconstitutional provision, clause, sentence, subsection, word or part had not been included
therein, and as if such person or circumstance, to which the local law or part thereof is held
inapplicable, had been specifically exempt therefrom.
Section 7. Effective Date
This Local Law shall take effect immediately upon filing with the New York State Secretary of
State in accordance with Section 27 of the Municipal Home Rule Law.
RESOLUTION #138 (2023) – ADOPTION OF A LOCAL LAW AMENDING CHAPTER 270 OF
THE TOWN CODE REGARDING BILLBOARDS
Supv Leifer offered the following resolution and asked for its adoption:
WHEREAS, the Town of Dryden scheduled a public hearing for June 15, 2023 at 6:00
p.m. for Local Law No. 5 of 2023 entitled “A LOCAL LAW AMENDING CHAPTER 270 OF THE
TOWN CODE REGARDING BILLBOARDS”; and
WHEREAS, notice of said public hearing was duly advertised in the official newspaper of
the Town and posted on the Town Clerk’s signboard; and
WHEREAS, said public hearing was duly held on the 15th day of June, 2023 at 6:00 p.m.
and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition
to said proposed Local Law, or any part thereof; and
WHEREAS, pursuant to Part 617 of the implementing regulations of the State
Environmental Quality Review Act, it is determined by the Town Board that adoption of the
proposed Local Law constitutes a Type I Action, as defined under said regulations. The Town
Board has considered the possible environmental impacts of the Local Law. The adoption of said
Local Law will not have a significant adverse impact on the environment and the Town Board
adopted a negative declaration with respect to the Local Law; and
WHEREAS, the Town Board, after due deliberation, finds it in the best interest of the
Town to adopt said Local Law.
NOW, THEREFORE BE IT RESOLVED that the Town Board hereby adopts said local law
as Local Law No. 5 of 2023 entitled “A LOCAL LAW AMENDING CHAPTER 270 OF THE TOWN
CODE REGARDING BILLBOARDS”; a copy of which is attached hereto and made a part hereof;
and be it further
RESOLVED that the Town Clerk be and hereby is directed to enter said Local Law in the
minutes of this meeting and to give due notice of the adoption of said Local Law to the Secretary
of State; and be it further
RESOLVED that this resolution will take effect upon filing with the Department of State.
2nd Cl Lamb
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Roll Call Vote Cl Vargas-Mendez Yes
Cl Buck Yes
Cl Dravis Yes
Cl Lamb Yes
Supv Leifer Yes
There were no comments on the proposed local law to o verride the tax levy limit and
Supv Leifer closed the public hearing at 6:22 p.m.
RESOLUTION #139 (2023) – ADOPT LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby adopts the following local law and directs the
Town Clerk to file the same with the Secretary of State.
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, 2024 and ending December
31, 2024 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 tadoption of a local law approved by vote of at least sixty percent (60%) of the Town Board.
Section 3. Tax Levy Limit Override: The Town Board of the Town of Dryden, County
of Tompkins is hereby authorized to adopt a budget for the fiscal year 2024 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 circumstance,
shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such
order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be
confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local
Law or in its application to the person, individual, firm or corporation or circumstance, directly
involved in the controversy in which such judgment or order shall be rendered.
Section 5. Effective date: This local law shall take effect immediately upon filing with
the Secretary of State.
2nd Cl Lamb
Roll Call Vote Cl Vargas-Mendez Yes
Cl Buck Yes
Cl Dravis Yes
Cl Lamb Yes
Supv Leifer Yes
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Page 12 of 16
PRESENTATION
Don Houser of BHE GT&S presented the town with a check in the amount of $30,000 to
support the rail trail project. He said this is exactly the type of project that they love to support
at their company. It is an incredible project locally with a lot of volunteer effort and town board
effort put into it. Their employees were excited to see the application come in and it is a real
thrill to see this $30,000 go into great hands for a great project. He thanked the board, town
staff, the highway department and volunteers in the community that are making this happen
for the community members that will enjoy this for years to come. They couldn’t be more
pleased to help the town in this regard. He said they want to continue to support Dryden and
what is done here and encouraged future applications.
Cl Lamb said when he and Bob Beck put the application together in March, they
weren’t sure how successful it would be.
D Houser said BHE GT&S has a philanthropy program that he has talked about many
times at town meetings, and is thrilled that they finally received an application from the town
and for a great project. He understands that board members may be involved in other groups
that have projects they need help with, and encouraged them to make an application via the
website BGEGT&S.com (look for the community involvement dropdown).
TOWN FIRE COORDINATOR
Chris O’Connor said he has been working with departments to come up with a mutually
agreed upon plan for improvement. He just succeeded in finishing with the third of four
departments that are necessary, and it has been a fantastic experience. Each department
reviewed about 70 items and there has been almost unanimous agreement in terms of what
needs to be done. Dryden, Freeville, and Varna have either already done it or there is a target
date of the end of the year. They are pretty much on the same page and moving ahead in
concert. The only issue is trying to do the equivalent process with Etna.
He has been working on planning for the upcoming budget season. The town
bookkeeper made a good presentation for all departments on how to use the uniform template
for submitting their request. Etna did not attend.
He is concerned with Etna’s inability to get out to EMS calls. He said it has been this
way for about 30 years, with some intermittent times of doing better. Board members were
provided with a report indicating a turn for the worse. He has emailed board members with a
suggestion about how to ameliorate the situation by having adjacent rescue squads dispatched
at the same time as Etna, so at least someone is going. A previous town board did a similar
thing some time ago. C O’Connor displayed a coverage map for EMS services and described
how other departments could assist Etna by being called out simultaneously. Etna is a small
department and has one extremely dedicated EMT, but her home and work are a fair distance
away and often by the time she reaches a scene, the ambulance is there ahead of her. Etna
Fire Department for the last 25 years has chosen not to go to alpha calls (the least serious of
EMS calls). Freeville and Varna will respond to those calls.
The Etna Fire Chief has to agree with this remedy in order for the County to dispatch in
this suggested manner. C O’Connor said this has to happen because the people in Etna are
not receiving the same degree of care as everyone else i n the town. He asked for the board’s
help to get the Fire Chief to understand that this has to be done. It’s a difficult situation, but
right now, if someone calls for an EMS call, they are waiting for the ambulance. Supv Leifer
has encouraged a meeting with Etna FD as soon as possible and will send a letter to the Chief
asking for a meeting. Etna has helped other departments in the past, so they should
TB 8-10-23
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understand this. A last resort would be to make this change in the next contract, but that
wouldn’t take effect until January.
PLANNING DEPARTMENT
R Burger said his monthly update has updates on various applications. One is the
Ithaca Area Wastewater Treatment Facility which has a capital project going forward. We
expected to have a hearing tonight, but the scope of work and some other aspects of the project
have changed. We will hopefully have a revised report before next Thursday night and then the
board can again adopt a Public Interest Order and set a hearing for September.
Coming up for the Planning Board this month on August 24 will be two site plan
reviews. One is building a few duplexes on Lower Creek Road and a retail business on Route
13 at the Irish Settlement Road and Route 13 intersection. The Planned Unit Development at
1065 Dryden Road approved about 5 years ago is getting closer to construction. They’ve had
difficulty in getting the bids to match the original project, so they would like to come back and
adjust that project. It will be going from five buildings to four. It will be first and second floor
apartments. The bedroom count is not going up; it is a reconfiguration and will be more like a
design this developer has done on Bomax Drive in Lansing. This will be a major amendment of
the PUD, and it will start with the Planning Board doing a review and making a
recommendation to the Town Board. It will be introduced at the Planning Board meeting this
month.
R Burger heard back Jean Foley of DEC about our wetland delineation request for the
land behind town hall. They have a huge lineup and she said if we contact her in September,
she will have a more realistic idea of whether they can get to us by the end of the year.
A new planner will be starting in the department on August 28.
COUNTY BRIEFING
Mike Lane said he hasn’t been able to be here the last four months due to conflicts. He
has been attending a jail study group to take the pulse of the community as far as things the
public would like to see in an updated jail. The public safety committee issued a report
suggesting capital improvements that need to be made at the jail. They have had a couple of
focus groups with people who have been in our jail and had very interesting conversations. It
has been suggested that pods work better than straight line cell blocks, and that we need more
space for women so the county doesn’t have to board women out. There is a preference for
individual cells in pods versus dormitories because they need some sense of privacy and to feel
they are a little separated from the other inmates. The study group will be doing a
supplemental report that will go with the public safety report to the facilities and infrastructure
committee.
The other capital project getting some push from members of the legislature is building
a county office building. He has been a bit reluctant. It is a thirty-million-dollar project and is
not something that has to be done. He sees it as co mpeting with a conservative budget this
year, as well as other capital projects that need to be done. The County needs a new fire
station at the airport. That is a twenty-nine-million-dollar project, most of which will be
covered by an FAA grant and the state. The county needs $5,000,000 and they don’t have it,
so that will need to be delayed in his view. It is unknown what the jail project might cost. It
could be only adding a couple of pods, one female and one male pod. Pods are set up with an
open area in front of them that can be supervised by several corrections officers.
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Sales tax statewide is up about 3% across the state this quarter. M Lane expects it to
be about the same in Tompkins County.
He was pleased to attend a ribbon cutting with Dan Lamb for the Pine Ridge grocery
store, which seems to be doing very well and has quite a variety of groceries and other items.
The Reimagining Public Safety effort with the city is moving slowly. There seem to be
problems with the city changing its form of government, issues with the police unions, and
division on the common counsel, making it difficult for the County Sheriff to work with them.
They will continue to try.
The homelessness issue hasn’t gotten any better. Having a place for them in cold
weather and shelters is something that needs to be looked at constantly by the Department of
Social Services. Tompkins County has not been offered any asylum-seeking refugees.
TC3 is doing a little better. Student enrollment is up about 10%. They will have about
300 students in the dorms this fall. That is good news because it had been very low. It is very
difficult for the TC3 Foundation if the dorms are not producing revenue.
The new Alcohol & Drug Counsel facility on Triphammer Road is having problems
opening because of the lack of nurses. TC3 is graduating nurses. Guthrie has renewed its
commitment of $500,000 for a night nursing program, but there are only so many nurses that
can be produced at this small college. The TC3 nursing program is a service to the community
and costs more to run than many of the other programs at the college.
TC3 is about to open its new labs. They were rebuilt with a federal grant of over
$3,000,000. They had not been updated for many years.
M Lane has no details on the broadband RFP, but will look into it. Supv Leifer said if
they came into Dryden, the town would like to bid on it. If the county gives it to some other
company, we are overbuilding.
Cl Lamb said it seems the EMS office has been stood up for some funding on its project.
M Lane said that the committee is talking about the possibility of county-wide fly cars, and he
thinks it is going to happen, but we’ll need to have people to staff them. Emergency services
need to come together and a county platform probably makes the greatest sense, starting with
the EMTs.
Cl Lamb said it seems things are coming together and with TCCOG’s interest they may
have success. Supv Leifer added that this was talked about at the shared services meeting.
DISCUSSION/ACTION ITEMS
Materials for Dryden Fiber – We have two quotes from Graybar for materials needed
for distribution lines along the road. Pole attachment agreements will be coming through
shortly.
Resolution #140 (2023) - Approve Purchase of Materials for Dryden Fiber
Supv Leifer offered the following resolution and asked for its adoption:
Whereas, to continue to build the Dryden Fiber network, more materials need to be purchased
from our supplier, Graybar.
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Therefore, be it resolved that the Board approves the purchase of a variety of materials from
Graybar for $96,400.70 as listed in Quote #0243838813 dated July 12, 2023.
2nd Cl Lamb
Roll Call Vote Cl Vargas-Mendez Yes
Cl Buck Yes
Cl Dravis Yes
Cl Lamb Yes
Supv Leifer Yes
There is a second quote for materials for the overlash.
Resolution #141 (2023) - Approve Purchase of Materials for Dryden Fiber
Supv Leifer offered the following resolution and asked for its adoption:
Whereas, to continue to build the Dryden Fiber network, more materials need to be purchased
from our supplier, Graybar.
Therefore, be it resolved that the Board approves the purchase of a variety of materials from
Graybar for $29,923.52 as listed in Quote #0244035637 dated August 7, 2023.
2nd Cl Lamb
Roll Call Vote Cl Vargas-Mendez Yes
Cl Buck Yes
Cl Dravis Yes
Cl Lamb Yes
Supv Leifer Yes
Town Server – PlanFirst is recommending we move back to an onsite server. R Burger
said he believes it will speed up workflow, particularly for one software program they use. It
turns out that we did not get the savings that were promised by moving to the cloud. The
quote includes the equipment and installation. PlanFirst has most recently handled our IT
service and have been very responsive when we have issues. They will monitor this server and
the backups. When the installation happens, they will have staff onsite to ensure a smooth
transition.
RESOLUTION #142 (2023) - Approve Quote to Purchase On-Site Server
Supv Leifer offered the following resolution and asked for its adoption:
WHEREAS, in 2018 the Town server was moved to Microsoft Azure monthly cloud server
service.
WHEREAS, the Town’s current IT support services, Plan First Technologies, advised the Town
to move from Microsoft Azure to a new on -site server for numerous reasons. Currently the
Town pays $15,600 each year for the subscription for Azure services. By purchasing an on -site
server that would last 4 to 5 years, the Town would save money over the long term.
WHEREAS, the Planning Department purchased a program to assist with code enforcement
and permits. Currently, the program does not work effectively in a cloud server environment.
The program would be better utilized if it resided on an on-site server.
WHEREAS, the Town servers should be backed up daily to ensure continuity of Town
operations if there was a cyber security incident. Currently, our cloud server is backed up
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daily, but Plan First could monitor and perform testing on the backups if the Town had an on -
site server.
Therefore, be it resolved that the Board approves the purchase of a Dell Power Edge R66
Server, other necessary related equipment, and the labor to install and implement from Plan
First Technologies as listed in the quote dated July 11, 2023, for $35,821.90.
2nd Cl Lamb
Roll Call Vote Cl Vargas-Mendez Yes
Cl Buck Yes
Cl Dravis Yes
Cl Lamb Yes
Supv Leifer Yes
Appoint Full-time Planner –
Resolution #143 (2023) - Appointment of Dillon Shults as Full-Time Planner
Supv Leifer offered the following resolution and asked for its adoption:
Whereas, the Planning Department needed a full-time planner.
RESOLVED, that this Town Board hereby appoints Dillon Shults to the position of full -time
Planner with a start date of August 28, 2023, at a salary of $67,000 per year.
2nd Cl Dravis
Roll Call Vote Cl Vargas-Mendez Yes
Cl Buck Yes
Cl Dravis Yes
Cl Lamb Yes
Supv Leifer Yes
Etna Community Association – Cl Dravis said the board had received a letter from the
former Postmaster of the Etna Post Office which is attached to Houtz Hall in Etna where the
community center is. She was concerned about the condition of the building. Cl Dravis met
with the community association and they discussed issues with the building and their financial
situation. They have a very small core of volunteers to get things done. There is infrastructure
work needed at the center. They have received some funding from the town in years when the
town had a program for that. DPW mows the lawn at the park, but not the community center.
Cl Dravis will attend their meetings and try to help them move forward with their non-profit
status and seeking out grant opportunities.
There being no further business, the meeting was adjourned at 7:28 p.m.
Respectfully submitted,
Bambi L. Avery
Town Clerk