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HomeMy WebLinkAboutTB 2024-03-21 att TB 3-21-24 F I N A L Page 1 of 15 TOWN OF DRYDEN TOWN BOARD MEETING March 21, 2024 Zoom Hybrid Present: Supervisor Jason Leifer, Cl Daniel Lamb, Cl Christina Dravis, Cl Spring Buck Absent: Cl Leonardo Vargas-Mendez Elected Officials: Bambi L. Avery, Town Clerk Other Town Staff: Ray Burger, Planning Director Cassie Byrnes, Secretary to Supervisor Supv Leifer opened the meeting at 6:05 p.m. Board members and audience recited the pledge of allegiance. TOWN CLERK RESOLUTION #60 (2024) – APPROVE MEETING MINUTES Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the meeting minutes of January 11, January 18, February 8, and February 15, 2024. 2nd Cl Lamb Roll Call Vote Cl Buck Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes ANNOUNCEMENTS Supv Leifer said residents that have received notice that their property has been reassessed at a value that they believe is too high need to contact Tompkins County Assessment and make an appointment to appeal the valuation. He understands that one-third of the town was reassessed and no commercial or farm properties. HIGHWAY/DPW DEPARTMENT No report. PLANNING DEPARTMENT Ray Burger said a couple of the things on his monthly report will come up later in tonight’s agenda. He noted there will be an application by Berkshire Hathaway for the Borger compressor station for a site plan amendment for next month. They will be making their security fence a double row and much more prominent. They will also be doing some different landscaping near the fence and a large tree will have to come down. The public hearing for the site plan amendment will be held on April 11. Their yearly update to the town is also due next month. TB 3-21-24 F I N A L Page 2 of 15 While there isn’t a full application yet, in April there will be an introduction of the Caswell Road Landfill solar project. The applicant also wants to hold a community outreach meeting in April. INHS has communicated they are looking to do something on the site of the former MayFly project at the corner of Freese Rd and Route 366 that has been abandoned. A mix of housing is proposed. Information is anticipated regarding a solar proposal for 5MW of solar on Morris Road. FIRE COORDINATOR Chris O’Connor reported they are all set with the strategic planning session. It will begin at 9:00 a.m. at the town hall. They hope to be done by 2:00 p.m., but it may go until 3:00 p.m. The training is provided in person only. Varna Fire Department Report– Mason Jager thanked the board for its efforts in working toward the 2024 contract. He presented Varna’s report for February. The department responded to 39 calls, including 4 structure fires, 24 EMS calls, and 5 hazardous conditions. They gave mutual aid 11 times and received mutual aid once. The average enroute time was one minute 56 seconds, and the average on scene time was seven minutes 11 seconds. They have 73 active members, with 41 firefighters and 33 EMTs. He is happy to report that they had approximately 20 members respond to structure calls. They have had an excellent turnout and most are trained firefighters. There has also been a tremendous turnout from mutual aid members. They recently had nine members pass the BEFO course, with five intending to do interior certification. Three members have been certified as EMTs. In February they added 14 new members, mostly undergraduates from Cornell. This month they admitted four local community members. Applicants that were not accepted were encouraged to apply to Etna Fire Department. The bunkhouse is scheduled to be full for next year. Their bunkhouse program and shift system contribute to quick response times. They have received the final report on their apparatus and will arrange a meeting with the consultant and town representatives to review that. Freeville Fire Department – Mike Parker said his department submits call reports each month to the town. He appreciates the board’s effort regarding the 2024 fire contracts. Two members of his department will attend the strategic planning session. The village of Freeville will sign their contract at their next meeting. M Parker said the fire departments have not been included in any solar planning at all. There have been some fires at these solar sites and there is no access to the fields and they have had no training on how to put the fires out. There have been fires in the state where the solar sites have huge battery storage and fires have burned for days. The departments need to be included in planning for these sites. Solar on private homes is an issue also. No training has been offered. Cl Lamb said it would be a good idea to have the departments weigh in on the plan when it comes before the board. C O’Connor said there are not currently any courses on solar TB 3-21-24 F I N A L Page 3 of 15 fields, but one on residential solar is available through the academy. Supv Leifer said access to the large arrays for local departments is an issue. Linda Fenner, of Etna Fire Department, thanked the board for its work on the contracts. She said they are sending three or four people to the strategic planning session. Everything required in the contract has been submitted to the Secretary to the Supervisor. They will continue to work with the town to improve everything. They are preparing postcards to distribute door to door in the area of the department for recruitment purposes. M Parker said Freeville used to have a bunker program and is talking about resurrecting that to improve their numbers. They may be talking about that at budget time. It would provide members that would be available to respond quickly to calls. COUNTY BRIEFING Mike Lane said at Tuesday night’s meeting of the County Legislature they passed a resolution supporting modernization of the State’s sales tax laws to include the vacation rental industry. The Association of Counties has also passed it. Senator Webb and Senator Kelles are sponsoring this bill at the state level. TC3 continues to come back from the pandemic. They are already looking at their fall registrations and have about 1300 applications, about 11% over this time last year. The new labs are completed and they had an afterhours event for two Chambers of Commerce that was very well attended by the business community. There were a lot of positive comments on how TC3 is helping each county and how the micro-credential programs are contributing to that. The nursing program has more applicants than it can accommodate. It doesn’t make any money for the college, but solves a need that we often have by producing folks who want to become nurses. Students can go right to work with an associate degree or transition to a four- year degree. The Village of Dryden did not get the NY Forward grant. It was awarded to Groton. It is the first of those awards in Tompkins County, and M Lane is thankful the deserving community of Groton was successful. The Emergency Response Center yesterday had an open house presenting the rapid medical response program, and the full and part time and contractual employees. There is excitement about the program being started. Many work other jobs as well. One has hours at four different locations. The repurposed vehicles are being equipped and painted so they will be ready and visible and they are negotiating with four locations for the vehicles. They want to roll this out April 1. M Lane said he disagrees with comments about the cost of this program after year one. He doesn’t think that it is only a few members of the legislature that think the cost should be shared. Most think that there should be credits for places like Dryden, Groton, and Trumansburg, including him. But that is currently under negotiation. Many think that the localities that are getting the service ought to share some of it, but they don’t know much and they won’t be asked to do all of it. Cl Lamb understands the county’s feeling that municipalities have some skin in the game, but moving into implementation may compromise the buy in from the municipalities. The unanimous feeling of TCCOG is that this is the wrong direction to go. M Lane said this was an idea that came from the towns that didn’t have service. It is difficult to approach the county to pay for it. What that can do is open the door for future TB 3-21-24 F I N A L Page 4 of 15 improved services for medical services. Cl Lamb said this is a regional problem that needs a regional solution. Some residents are facing a very long wait for first responders. There is no update on the RFP for broadband service. M Lane said the Alcohol & Drug Counsel discontinued its operation on North Triphammer Road. The Health Department is working to transfer its clients to other services. The County will be looking at what can be done to rescue the idea of that program. Cl Lamb asked if another entity could come on board and take that program on. M Lane referred him to Frank Kruppa of the Health Department. Supv Leifer has heard that big ISPs are trying to kill off the idea of municipal broadband with state legislation and hopes that the county is aware of any of those that may be responding to the county RFP. This will only help the incumbent companies. DISCUSSION/ACTION ITEMS Local Law Requiring PILOT for Solar Projects – Supv Leifer introduced the following local law that would require a payment in lieu of taxes for any solar projects in the future. LOCAL LAW NO. ___ FOR THE YEAR 2024 A LOCAL LAW CREATING A NEW CHAPTER 225 ENTITLED “SOLAR ENERGY SYSTEMS PILOT LAW” Be it enacted by the Town Board of the Town of Dryden as follows: ARTICLE 1: GENERAL PROVISIONS Section 225-1. Title. This Local Law shall be referred to as Local Law No. x-2024, entitled “Solar Energy Systems PILOT Law” Section 225-2. Authority. This chapter is intended to be consistent with and is enacted by the Town Board of the Town of Dryden pursuant to its authority to adopt laws under the New York State Constitution, the New York State Municipal Home Rule Law, the New York State Town Law, and the New York Real Property Tax Law. It is intended and hereby declared to address matters of local concern only and is intended to act in furtherance of the Town's authority with respect to zoning and land use laws and its police and taxation powers, related to solar energy systems. Section 225-3. Statement of Purpose. This chapter is adopted to ensure that the benefits of the community's solar energy resource are available to the entire community, by promoting the installation of solar energy generating equipment through a payment in lieu of taxes (PILOT), granting reduced costs to system developers and energy consumers, and providing a revenue stream to the entire community. Section 225-4. Conflict with Other Laws. Where this Local Law differs or conflicts with other laws, rules, and regulations the more restrictive applicable law, rule or regulation shall apply. This section shall be inapplicable where County, State or Federal Law preempts the application of a more restrictive law, rule or regulation, including the provisions contained in this Local Law. TB 3-21-24 F I N A L Page 5 of 15 ARTICLE 2: SOLAR ENERGY SYSTEMS PILOT AGREEMENTS Section 225-5. Word Usage and Definitions. For the purposes of this Local Law, and where not inconsistent with the context of a particular section, the terms, phrases, words, abbreviations and their derivations defined below shall have the meaning given in this Article. When not inconsistent with the context, words in the present tense include the future tense, words used in the plural number include words in the singular number. The word “shall” is always mandatory and not merely directory. ANNUAL PAYMENT The payment due under a PILOT agreement entered into pursuant to Real Property Tax Law § 487(9). ANNUAL PAYMENT DATE January 1 of each year. BUILDING INTEGRATED SOLAR ENERGY SYSTEM A combination of photovoltaic building components integrated into any building envelope system, such as vertical facades, including glass and other facade material, semitransparent skylight systems, roofing materials, and shading over windows. CAPACITY The manufacturer's nameplate capacity of the solar energy system as measured in kilowatts (kW) or megawatts (MW) AC. COMMERCIAL SOLAR ENERGY SYSTEM A solar energy system that primarily produces energy that is fed directly into the grid primarily for off-site sale or consumption, or any solar energy system with a nameplate generating capacity of 200 kilowatts or more. Commercial solar energy systems include building-integrated, roof-mounted and ground-mounted solar energy systems that meet or exceed the above-stated nameplate generating capacity. GROUND-MOUNTED SOLAR ENERGY SYSTEM A solar energy system that is anchored to the ground and attached to a pole or other mounting system, detached from any other structure for the primary purpose of producing electricity. HOST COMMUNITY AGREEMENT A contract between a Commercial Solar Energy System owner/developer and the Town, whereby such owner/developer agrees to provide the community with certain benefits and mitigate specified impacts of the solar project. NON-COMMERCIAL SOLAR ENERGY SYSTEM A solar energy system with a nameplate generating capacity of less than 200 kilowatts that is incidental and subordinate to another use on the same parcel and which primarily produces energy for on-site consumption. Non-commercial solar energy systems include building-integrated, roof-mounted and ground-mounted solar energy systems that do not meet or exceed the above-stated nameplate generating capacity. OWNER The owner of the property on which a solar energy system is located or installed, or their lessee, licensee or other person authorized to install and operate a solar energy system on the property. TB 3-21-24 F I N A L Page 6 of 15 PHOTOVOLTAIC SYSTEMS A solar energy production system that produces electricity by the use of semiconductor devices, i.e., photovoltaic cells that generate electricity when light strikes them. ROOF-MOUNTED SOLAR ENERGY SYSTEM A solar panel system located on the roof of any legally permitted building or structure for the purpose of producing electricity for onsite or offsite consumption. SOLAR ENERGY EQUIPMENT Electrical energy storage devices, material, hardware, inverters, or other electrical equipment and conduits of photovoltaic devices associated with the production of electrical energy. SOLAR ENERGY SYSTEM All components and subsystems required to convert solar energy into electric energy suitable for use. This term includes, but is not limited to, solar panels and solar energy equipment. The area of a solar energy system includes all the land and/or structures inside the perimeter of the solar energy system, which extends to any interconnection equipment. Section 225-6. PILOT required. A. The owner of a property on which a solar energy system is located or installed (including any improvement, reconstruction, or replacement thereof), shall enter into a PILOT agreement with the Town of Dryden consistent with the terms of this chapter, except for (1) Non-Commercial Solar Energy Systems. (2) Solar energy systems that do not seek or qualify for an exemption from real property taxes pursuant to Real Property Tax Law § 487(4). B. The lessee or licensee of any owner of a property required to enter into a PILOT agreement by this section, which owns or controls the solar energy system, may enter into the PILOT agreement on behalf of the owner of the property. C. Pursuant to Real Property Tax Law § 487(9)(b), the Town of Dryden hereby expresses its ongoing intent to require a contract for PILOT for such solar energy systems, and this chapter shall be considered notification to owners or developers of such systems and no further action is required on the part of the Town of Dryden with respect to the notification requirements by the Town of Dryden as set forth in Real Property Tax Law § 487(9)(a). D. Nothing in this chapter shall exempt any requirement for compliance with state and local codes for the installation of any solar energy equipment or a solar energy system, or authorize the installation of any solar energy equipment or a solar energy system. All solar energy systems must file a real property tax exemption application pursuant to Real Property Tax Law § 487 to receive a tax exemption. E. Nothing in this chapter shall act to prohibit the Town of Dryden from also requiring a Host Community Agreement, in accordance with its authority otherwise granted by state and local law. Section 225-7. Contents of PILOT agreements. Each PILOT agreement entered into shall include: A. Name and contact information of the owner or other party authorized to act upon behalf of TB 3-21-24 F I N A L Page 7 of 15 the owner of the solar energy system. B. The tax identification number for each parcel or portion of a parcel on which the solar energy system will be located. C. A requirement for not more than fifteen successive annual payments, to be paid commencing on the first annual payment date after the effective date of the real property tax exemption granted pursuant to Real Property Tax Law § 487. D. The capacity of the solar energy system, and that if the capacity is increased or decreased as a result of a system upgrade, replacement, partial removal or retirement of solar energy equipment, the annual payments shall be increased or decreased on a pro rata basis for the remaining years of the agreement. E. That the parties agree that under the authority of Real Property Tax Law § 487 the solar energy system shall be considered exempt from real property taxes for the fifteen-year life of the PILOT agreement. F. That the PILOT agreement may not be assigned without the prior written consent of the Town of Dryden, which consent may not be unreasonably withheld if the assignee has agreed in writing to accept all obligations of the owner, except that the owner may, with advance written notice to the Town of Dryden but without prior consent, assign its payment obligations under the PILOT agreement to an affiliate of the owner or to any party who has provided or is providing financing to the owner for or related to the solar energy system, and has agreed in writing to accept all payment obligations of the owner. G. That a notice of this agreement may be recorded by the owner at its expense, and that the Town of Dryden shall cooperate in the execution of any notices or assignments with the owner and its successors. H. That the Town of Dryden Town Board may establish by resolution the payment amount and terms of PILOT agreements by developers of solar energy systems with the Town of Dryden or may delegate to the Tompkins County Industrial Development Agency the authority to negotiate such agreements on behalf of the Town of Dryden. I. That if the annual payment is not paid when due, that upon failure to cure within 30 days, the Town of Dryden may cancel the PILOT agreement without notice to the owner, and the solar energy system shall thereafter be subject to taxation at its full assessed value Section 225-8. Severability. If any provision, clause, sentence, subsection, word or part of this Local Law 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 unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and as if such person or circumstance, to which this Local Law or part thereof is held inapplicable, had been specifically exempt therefrom. Section 225-9. Repealer. All ordinances, local laws, and parts thereof inconsistent with this Local Law are hereby repealed. TB 3-21-24 F I N A L Page 8 of 15 Section 225-10. 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 #61 (2024) - INTRODUCING A PROPOSED LOCAL LAW Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, a local law entitled “A LOCAL LAW CREATING A NEW CHAPTER 225 ENTITLED ‘SOLAR ENERGY SYSTEMS PILOT LAW’” was introduced at this meeting; and WHEREAS, the Town Board desires to hold a public hearing with respect to the adoption of said Local Law. NOW, THEREFORE, BE IT RESOLVED that a public hearing will be held by the Town Board of the Town of Dryden with respect to the adoption of the aforesaid Local Law on April 11, 2024 at 6:00 p.m., or as soon thereafter may be heard; and it is further RESOLVED, that the Town Clerk is hereby authorized and directed to cause public notice of said hearing to be given as provided by law. 2nd Cl Leifer Roll Call Vote Cl Dravis Yes Cl Buck Yes Cl Lamb Yes Supv Leifer Yes South Hill Recreation Way – This has to do with extending the South Hill Recreation Way from Burns Road out to the Tioga line. A portion of that runs through the Town of Dryden and three other towns. There will be a press release in early April. We will send a letter to the adjacent property owners in our town. Resolution #62 (2024) - Scheduling A Hearing To Consider Extension Of The South Hill Recreation Way Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, the Town of Dryden (hereinafter “Town”) wishes to cooperate with the Towns of Caroline, Danby and Ithaca to develop an extension of the South Hill Recreation Way from its present terminus at Burns Road out to the Tioga County line; and WHEREAS, the route of this trail extension follows the former railbed which is now owned by New York State Electric and Gas (NYSEG); and WHEREAS, a Memorandum of Understanding has been drafted setting forth the responsibilities and liabilities regarding this trail extension; and WHEREAS, NYSEG has offered to sell a trail easement to the Towns based on a fair market appraisal price of $36,667 with the Town of Dryden’s proportionate share being $5635; and WHEREAS, the Town desires to hold a public hearing pursuant to Section 247 of the General Municipal Law of the State of New York regarding acquisition of open spaces. TB 3-21-24 F I N A L Page 9 of 15 NOW, THEREFORE, BE IT RESOLVED that a public hearing will be held by the Town Board of the Town of Dryden with respect to the approval of the aforesaid Memorandum of Understanding and Easement purchase on April 18, 2024 at 6:30 p.m., or as soon thereafter may be heard; and it is further RESOLVED, that the Town Clerk is hereby authorized and directed to cause public notice of said hearing to be given as provided by law. 2nd Cl Lamb Roll Call Vote Cl Dravis Yes Cl Buck Yes Cl Lamb Yes Supv Leifer Yes ITHACA AREA WASTEWATER TREATMENT PLANT – The Special Joint Committee and staff would like to develop a capital improvement plan project to assist in planning, budgeting and procurement of infrastructure related grants and low interest loans. Dryden’s share (2%) of the anticipated cost is $5,940.00. RESOLUTION #63 (2024) – ITHACA AREA WASTEWATER TREATMENT FACILITY (IAWWTF) – CAPITAL IMPROVEMENT PLAN PROJECT Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, the IAWWTF is a 38-year-old, technically complex, and environmentally important facility that is jointly owned by the City of Ithaca, the Town of Ithaca, and the Town of Dryden, and WHEREAS, the IAWWTF has both short- and long-term capital needs to help maintain compliance, meet energy goals, and provide adequate planning for necessary repairs, opportunities for better efficiency, and a look toward the future, and WHEREAS, plant staff and the Special Joint Committee (SJC) are desirous in developing a proper Capital Improvement Plan Project (CIPP) to assist in planning, budgeting, and the procurement of potential infrastructure related grants and low interest loans afforded to municipalities, and WHEREAS, a Request for Qualifications (RFQ) was made to regional consulting firms and four responses were submitted, and WHEREAS, plant staff interviewed and evaluated presentations from each candidate, and WHEREAS, at its February 14, 2024 meeting, staff and the Special Joint Committee (SJC) recommended to its municipal boards the approval of Barton & Loguidice, D.P.C., 443 Electronics Parkway, Liverpool, NY, as the consultant of choice to prepare the CIPP, and WHEREAS, on February 21, 2024, B&L provided an Engineering Agreement proposal of services which included an estimated project cost of $300,000, with anticipated 50% funding through a NYSERDA Flextech grant, and anticipated local cost match of 50%, and WHEREAS, staff endorses the funding of a project amount not to exceed Three Hundred Thousand Dollars ($300,000) with anticipated 50% cost match, in the interests of better plant operational efficiency, and longevity; now, therefore, be it TB 3-21-24 F I N A L Page 10 of 15 RESOLVED, that the Town of Dryden approves its share of the CIPP in the amount of Five Thousand, Nine Hundred and Forty Dollars ($5,940.00), and, be it further RESOLVED, that the total funds necessary for said project be derived from the following sources as determined by the City Controller: 100% through capital reserves - Account J-1, with an anticipated return to capital reserves using a 50% match through NYSERDA Flextech funding. 2nd Cl Dravis Roll Call Vote Cl Buck Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes Dryden Fiber Executive Director Agreement – Coughlan & Gerhart have reviewed the contract for the Executive Director for Dryden Fiber. RESOLUTION #64 (2024) – AUTHORIZE AGREEMENT FOR EXECUTIVE DIRECTOR FOR DRYDEN FIBER – MAKAR Cl Dravis offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the agreement with David Makar to act as Executive Director for Dryden Fiber for the annual amount of $75,000 (prorated), and the Town Supervisor is authorized to execute said agreement. 2nd Cl Lamb Roll Call Vote Cl Buck Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes Hunt Engineers Services Agreement – Hunt Engineers has provided services for Dryden Fiber under a series of agreements. This agreement (attached) billed on an hourly basis, will require Hunt to differentiate work done under any previous agreements for billing purposes. They are working on things outside of Phase 3 already. RESOLUTION #65 (2024) – AUTHORIZE AGREEMENT WITH HUNT ENGINEERS Cl Dravis offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the Agreement for Hunt Engineering Services for services rendered in connection with the Dryden Fiber project dated January 1, 2024, and the Town Supervisor is authorized to execute said agreement. 2nd Supv Leifer Roll Call Vote Cl Buck Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes Appoint Fire Coordinator – Chris O’Connor has passed the civil service exam for the Fire Coordinator position. TB 3-21-24 F I N A L Page 11 of 15 RESOLUTION #66 (2024) – APPOINT FIRE COORDINATOR Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby appoints Christopher O’Connor, from the certified list of candidates through Tompkins County Civil Service, to the permanent position of Town Fire Coordinator as of March 21, 2024. 2nd Cl Lamb Roll Call Vote Cl Buck Yes Cl Dravis No Cl Lamb Yes Supv Leifer Yes Appoint Director of Recreation – Marty Conger has passed the civil service exam for the Director of Recreation position. RESOLUTION #67 (2024) – APPOINT DIRECTOR OF RECREATION Cl Dravis offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby appoints Marty Conger, from the certified list of candidates through Tompkins County Civil Service, to the permanent position of Director of Recreation as of March 21, 2024. 2nd Cl Buck Roll Call Vote Cl Buck Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes FEMA Backup Generator Grant Application – The board has received notification that a local dermatologist is applying for a FEMA grant for his business property and needs board input. The board would like to invite him to the April 11 meeting to discuss the intended purpose and whether he will offer space as a relief center. Recognizing Harry Weldon – The board has prepared a resolution recognizing Harry Weldon’s tenure as Town Historian. RESOLUTION #68 (2024) – RECOGNIZING HARRY WELDON Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, Harry Weldon served as the Town Historian from 2009 to 2023; and Whereas, the Town Historian promotes community awareness and appreciation for the town’s history through research and writing, and presented the Board with annual reports about activities related to historical research and preservation; and Whereas, the Town Board would like to thank Mr. Weldon for his many years of dedicated service to the Town to preserve and document the memories of people and events important to the Town of Dryden’s history; now therefore BE IT RESOLVED that, the Town Board acknowledges and thanks Harry Weldon for his years of service to the Town of Dryden to preserve historical records, artifacts, genealogical research, and TB 3-21-24 F I N A L Page 12 of 15 record keeping that are available to the community for education and enjoyment, and be it further RESOLVED that this resolution is to be certified by the Town Clerk and provided to Harry Weldon as a memento of his service to the Town of Dryden. 2nd Cl Lamb Roll Call Vote Cl Buck Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes Recognizing Daniel Bussmann - The board has prepared a resolution recognizing Daniel Bussmann’s tenure as a Planning Board member. RESOLUTION #69 (2024) – RECOGNIZING DANIEL BUSSMANN Cl Dravis offered the following resolution and asked for its adoption: WHEREAS, Daniel Bussman served on the Town Planning Board from 2019 until 2022; and Whereas, The Town of Dryden Planning Board is statutorily responsible for reviewing and acting on site plan review applications and most land subdivision applications, and applying the Town’s Zoning Ordinance, Subdivision Law, Design Guidelines, and SEQR as the criteria in forming their decisions, and working with the Town Board to guide development in the Town of Dryden by developing and amending the Town’s comprehensive plan and zoning laws for the benefit of all residents in the Town; and Whereas, Town of Dryden Planning Board members are volunteers and board members sacrifice many hours outside of their professional and personal lives to attend meetings, trainings, and review materials; and Whereas, Mr. Bussman served until he was forced to take a leave of absence to address health issues; and BE IT RESOLVED that, the Town Board posthumously acknowledges and thanks Daniel Bussman and his family for his years of service to the Town of Dryden and thanks his family for sharing in the burden of his service to the Town, and be it further RESOLVED that this resolution is to be certified by the Town Clerk and provided to Mr. Bussman’s family as a memento of his service to the Town of Dryden. 2nd Supv Leifer Roll Call Vote Cl Buck Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes Now that the fire contracts have been agreed on, the board will authorize payments outside the abstract to be released when the signed contracts are received. RESOLUTION #70 – AUTHORIZE PAYMENTS OUTSIDE THE ABSTRACT – FIRE CONTRACTS Supv Leifer offered the following resolution and asked for its adoption: TB 3-21-24 F I N A L Page 13 of 15 RESOLVED, that this Town Board hereby authorizes payment outside the abstract after signed agreements and all additional items required under those agreements are received from the departments by the town as follows: Varna Volunteer Fire Company, Inc. $400,000.00 WB Strong Fire Company of Freeville, Inc. $234,500.00 Neptune Hose Company No. 1 of Dryden, Inc. $571,500.00 Etna Volunteer Fire Department, Inc. $241,000.00 2nd Cl Lamb Roll Call Vote Cl Buck Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes ADVISORY BOARD UPDATES Affordable and Workforce Housing Committee – • Discussion continued about the proposed mobile homes weatherization project in conjunction with CCE Tompkins using EmPower+ funds. • The THOMA project that will provide energy rehab work for 14-16 homes will have a public launch meeting soon. • Dillon Shults in the town Planning Department is completing an application for the Town to receive Pro-Housing designation status. If that doesn’t work, the Town Board can adopt a resolution similar to what the Village did recently. • The 2022 Comprehensive Plan mandates that the town conduct a zoning review which will be conducted by a recently hired Community Planning Development Associate by August after the Planning Board comes up with a list of priorities. • Martha Robertson will reach out to the new Park Grove development (1061 Dryden Rd) to see if they plan to install heat pumps in each unit. • They discussed “Social Housing” in other communities. These are permanently affordable, union-built social housing which are owned by the public instead of private developers. More information is needed to see if it’s something to be considered locally. • Ezra Village work will commence this summer. Climate Smart Communities Task Force - • Tom Sinclair from the Village of Dryden attended and he will plan on attending more meetings in the future • We have identified seven heat pump installations to date as part of our Clean Energy Campaign. Once we identify ten, we can apply for the $10,000 grant. One possible use for the money is assisting the fire departments to conduct energy audits of their fire stations. Outreach efforts have included the Town’s newsletter and an article in the Tompkins Weekly. We are considering mailing postcards to residents with high heating costs and an ad in The Shopper. • One of our Task Force members, Jack Wright, works for CCE Tompkins and hosted a webinar last night with approximately fifty attendees. He discussed various programs to help residents save money on energy costs (home energy audits, weatherization, and electric energy like heat pumps). • An RFP will be going out soon to complete the weatherization work at the DPW office building. TB 3-21-24 F I N A L Page 14 of 15 Conservation Board – • Updates were shared from Rail Trail Task Force and Climate Smart Communities Task Force. • Cl Buck reported out on meeting with Rick Young: followed up on concerns with Lower Creek Road ditches and a tour to see them; followed up on concern about early mowing near Dryden Lake in the past; upcoming road work for 2024 • Potential future Conservation Board activities discussed: o Possibly partner with High School Sustainability club for a booth at Dryden Dairy Days to educate on pollinator plants/pathways o Possibly encourage Elementary School Garden Club to have a potential pollinator garden at the school • Report from the Owasco Lake Watershed Management Council. o Point raised if Conservation Board would be interested in monitoring ditch inputs into streams there may be support from other organizations. • Regenerative Agriculture – primary topic of discussion and one to be discussed with the Ag Board. Planning Board – The board is starting to work with the consultant on the zoning rewrite and is proud of their selection. There was discussion on how to extend the contract for the second phase. This is a good deal for the town, being the best fit and the most affordable. There was discussion on the upcoming solar projects on Caswell Road and Morris Road. Rail Trail Task Force – The task force has had a bit of trouble using the funds from the $5,000 tourism grant because of the weather and coordination of contractors. Highway Superintendent R Young is being very helpful with that and has said this week that he hopes to get to the area near Pinckney Road, and we’ll be able to spend the funds before the deadline. They’ve had a breakthrough with the State Parks grant that was received years ago for $180,000. They had been reluctant to accept some of the maps that the town provided, but they now have done that and we will be able to start spending some of the funding that was awarded. They had a great presentation by Ben Anderson, a freshman at Clarkson, on how to fix a washout of the trail near the NYSEG/Leonardo property. He presented plans for culverts and bridges. One simple thing is to put in a 6’ culvert built up with concrete reinforcement. There will need to be some professional engineering for wetland protection. The task force is in the process of getting easements approved from Cornell and Knickerbocker for the Route 13 pedestrian bridge. Language that is satisfactory for NYS DOT has been worked out and the documents just need to be signed. Recreation & Youth Commission – Last month Ray Burger was present to discuss the wetland delineation and the process of getting a contractor to develop a plan for the property behind town hall. There was a presentation from the OURS program and Recreation & Youth Services annual report. Ag Advisory Committee – The board discussed regenerative farming and that they promote all types of farming. They will not promote one method over others. Broadband Committee – Dave Makar as executive director meets with all vendors regularly now, separate from the advisory committee meeting. The advisory committee receives a report from D Makar. He will ask for input on public outreach and updates on grants. The TB 3-21-24 F I N A L Page 15 of 15 committee meets again via zoom tomorrow. The operations meetings are separate from the citizen advisory board meeting. D Makar is doing a good job. CITIZENS PRIVILEGE – None. There being no further business, the meeting was adjourned at 7:40 p.m. Respectfully submitted, Bambi L. Avery Town Clerk AGREEMENT FOR ENGINEERING SERVICES PART I PARTIES AND PROJECTS The AGREEMENT made on this 1st day of January 2024, by and between the Town of Dryden and Hunt Engineers, Architects, Land Surveyors & Landscape Architect D.P.C., hereinafter referred to as Engineer. WITNESSETH THAT: Whereas Owner desires to retain the Engineer to perform certain consulting, survey, design, inspection and advisory services on behalf of Owner when required for projects as authorized by Owner. PART II ENGINEERING CHARGES 2.1 The Engineer will furnish the Owner with engineering services as required for which Owner shall compensate the Engineer at hourly rates not to exceed the following: Per Hour 2.1.1 Field Survey Professional Land Surveyor $ 125.00 Pole Survey $ 95.00 Field Crew prevailing wage 2.1.2 Mapping GIS Mapping $ 95.00 Application Prep/Pole Markups $ 95.00 2.1.3 Design Engineering Administrative Support $65.00 Marketing Consultant $85.00 Design Engineer $115.00 Design Tech $90.00 Grant Writer $95.00 Broadband Project Manager $120.00 Broadband Consultant/Project Manager $150.00 Senior Engineering $ 150.00 Principal $ 200.00 2.1.4 Disbursements Mileage will be reimbursed at the federal reimbursement rate. Please refer to Reprographics Rates, Attachment A PART III PAYMENTS TO THE ENGINEERS 3.1 Payment shall be made in accordance with Part II of the Agreement. Owner will be invoiced monthly with payment due thirty (30) days after the date of the invoice. Dryden 2024 Agreement for Engineering Services Page 2 PART IV GENERAL PROVISIONS 4.1 Ownership of Documents All reports, maps, plans, specifications, and other documents prepared by the Engineers, being instruments of service, shall be considered to be property of Owner when paid for, pursuant to the Agreement. 4.2 Delegation of Duties The Engineer shall not assign, transfer, or otherwise dispose of this Contract without the previous consent in writing of Owner. 4.3 Termination The Agreement may be terminated by either party with thirty (30) days written notice. The Engineer shall be paid the accumulated fees to the date of the termination of service. 4.4 Governing Law Engineers agree to comply with all laws, rules, and regulations, relative to this project, that may be imposed upon by the Federal, State, County or City applicable thereto and any rules and regulations thereof. 4.5 Extent of Agreement This Agreement represents the entire and integrated Agreement between Owner and Engineer and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner of and the Engineer. 4.6 General 4.6.1 Neither party shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the other or the other’s employees and agents. 4.6.2 In the event that any provisions of this Agreement shall be held to be invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties. One or more waivers by either party of any provision, term, condition or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. Dryden 2024 Agreement for Engineering Services Page 3 4.6.3 The Engineer has not been retained or compensated to provide design and construction review services relating to Contractor’s safety precaution or to means, methods, techniques, sequences, or procedures required for the Contractor to perform work not related to the final or completed structure; omitted services include, but are not limited to, shoring, scaffolding, underpinning, temporary retainment of excavations, and any erection methods and temporary bracing. 4.6.4 The Engineer intends to render his services under this Agreement in accordance with generally accepted professional practices for the intended use of the Project. 4.6.5 Any opinion of Construction Cost prepared by the Engineer represents his judgment as a design professional and is supplied for the general guidance of Owner. Since the Engineer has no control over the cost of labor and material, or over the competitive bidding or market conditions, the Engineer does not guarantee the accuracy of such opinions as compared to Contractor bids for actual cost to Owner. PART V SPECIAL PROVISIONS 5.1 Owner’s Liability It is understood by and between the parties hereto that this Agreement shall be deemed executory to the extent of monies available to Owner and no liability on account thereof shall be incurred by Owner beyond monies available for the purposes. 5.2. Insurance Indemnity 5.2.1 Engineer’s Insurance The Engineer agrees to procure and maintain, at his own expense, insurance of the kinds and in the amounts hereafter provided with insurance companies authorized to do business in New York State, covering all operations under the Agreement, whether performed by it or by subcontractors. Before commending the work, Engineer shall furnish Owner a certificate, or certificates, in a form satisfactory to Owner showing that it has complied with this schedule, which certificate or certificates shall provide that the policies shall not be changed or canceled until thirty (30) days written notice has been given to Owner. The kinds and amounts of insurance required as follows: a. Policy or policies covering the obligations of Engineers in accordance with the provisions of any applicable Worker’s Compensation or Disability Benefits Law, including the State of New York, Chapter 41, Laws of 1914, as amended, known as Worker’s Compensation Law and amendments thereto, and Chapter 600 of the Laws of 1949, as amended, known as Disability Benefits, law, and this Agreement shall be void and of no effect unless Engineer procures such policy or policies and maintains the same in force during the term of this Agreement. Dryden 2024 Agreement for Engineering Services Page 4 b. Policies of bodily injury liability and property damage liability insurance, each with single limits of liability of one million dollars per occurrence for all damages arising out of bodily injury, including death at any time resulting therefore, sustained by two or more persons in any one accident, and not less than one million dollars for all damages arising out of injury to, or destruction of, property during the policy period. c. Liability insurance issued to and covering the liability of Engineer with respect to all work performed by him under this Agreement. d. Liability insurance issued to and covering the liability of each of the Engineer’s subcontractors with respect to all work performed by said subcontractors under this Agreement. e. Owner shall be named as additional insured on the policies under subparagraphs b., c., and d. The Engineer shall be responsible for all damage to life and property due to activities of the Engineer, his subcontractors, agents, or employees in connection with his services under this Agreement. 5.2.2 Professional Liability Insurance The Engineer shall procure professional liability insurance for services to be performed pursuant to this contract against the malpractice of errors and omissions of Engineer in the amount of $1,000,000 (One Million Dollars). Engineer shall provide Owner with a certificate of insurance from an insurance carrier authorized to do business in New York State evidencing that an insurance policy of the aforesaid type is in force. Said certificate shall contain a ten (10) day cancellation, assignment or change of afore described insurance policy, Engineer shall also notify Owner of said cancellation, amendment or change. 5.3 Relationship and Status 5.3.1 Engineer’s Relationship - The relationship of the Engineer to Owner shall be that of an independent Contractor. 5.3.2 Engineer’s Status - The Engineer in accordance with his status as an independent Contractor covenants and agrees that he will conduct himself in accordance with such status, that he will neither hold himself out as nor claim to be an officer or employee of Owner by any reason thereof, and, that he will not by reason thereof, make any claims, demands or application or for any right or privilege applicable to an officer of employee for Owner, including, but not limited to worker’s compensation coverage, unemployment insurance benefits, social security coverage or retirement membership or credits. 5.4 Municipal Law The Engineer agrees that Section 103A and 103B of the General Municipal Law relative to installation of a contract by municipal corporation to testify and disqualification to contract with municipal corporations are made part hereof as though herein fully set forth. Dryden 2024 Agreement for Engineering Services Page 5 5.5 Term The Term of this Agreement shall be for a period of one year beginning on the 1st day of January 2024 and terminating on the 31st day of December 2024. 5.6 Compensation The charges for engineering services will be on an hourly basis as outlined in Part II of this Agreement, to be invoiced in $15,000 increments. Agreement for Engineering Services IN WITNESS WHEREOF, Owner and Engineer have executed this Agreement the day and year first above written. Hunt Engineers, Architects, Land Surveyors & Landscape Architect D.P.C. Airport Corporate Park, 100 Hunt Center Horseheads, NY 14845 Dryden 93 East Main Street Dryden, NY 13053 Signature Signature Ryan P. Garrison Name Typed Name Typed Director of Technology Title Title Attachment A: Tax Exempt Reprographic Fees Attachment A: Tax Exempt Reprographic Fees