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HomeMy WebLinkAbout2023-08-10TB 8-10-23 Page 1 of 16 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 TB 8-10-23 Page 2 of 16 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 TB 8-10-23 Page 3 of 16 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 TB 8-10-23 Page 4 of 16 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 TB 8-10-23 Page 5 of 16 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 TB 8-10-23 Page 6 of 16 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 TB 8-10-23 Page 7 of 16 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. TB 8-10-23 Page 8 of 16 (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 TB 8-10-23 Page 9 of 16 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. TB 8-10-23 Page 10 of 16 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 TB 8-10-23 Page 11 of 16 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 TB 8-10-23 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 Page 13 of 16 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. TB 8-10-23 Page 14 of 16 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. TB 8-10-23 Page 15 of 16 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 TB 8-10-23 Page 16 of 16 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