HomeMy WebLinkAboutTB 2025-06-12 attTB 6-12-25
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TOWN OF DRYDEN
TOWN BOARD MEETING
June 12, 2025
Zoom Hybrid
Present: Supervisor Jason Leifer, Cl Daniel Lamb, Cl Leonardo Vargas-
Mendez, Cl Christina Dravis
Absent: Cl Spring Buck
Elected Officials: Bambi L. Avery, Town Clerk
Other Town Staff: Ray Burger, Planning Director
*Cassie Byrnes, Secretary to the Supervisor
*Indicates attendance via Zoom
Supv Leifer called the meeting to order at 6:06 p.m.
FINANCIALS & HUMAN RESOURCES
RESOLUTION #92 (2025) – APPROVE ABSTRACT #6
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves Abstract #6, as audited, general
vouchers #504 through #633 ($1,220,616.80), CDBG voucher #6 ($89,592.37), and TA
vouchers #77 through #80 ($8,482.32), totaling $1,318,691.49.
2nd Cl Lamb
Roll Call Vote Cl Vargas-Mendez Yes
Cl Dravis Yes
Cl Lamb Yes
Supv Leifer Yes
DISCUSSION/ ACTION ITEMS
Amend Sapsucker Sewer Rate - Supv Leifer explained that Cayuga Heights treats
sewage for this district, and they have raised their rates. We will cover the increase in two
increases, with fund balance helping to close the gap until we do another increase in
December or January.
Resolution #93 (2025) - Amend Town 2025 Sapsucker Sewer Rate - SSl
Supv Leifer offered the following resolution and asked for its adoption:
WHEREAS, the Village of Cayuga Heights serves the sewer district; and
WHEREAS, the Village of Cayuga Heights increased the rate charged to the Town beginning
June 1, 2025;
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WHEREAS, no revenues will be generated from property taxes or assessments for the
Sapsucker sewer district (SSl) for the 2025 budget cycle; therefore.
RESOLVED, that effective for the usage after July 1, 2025, this Town Board hereby
establishes the Town of Dryden sewer rate at $8.75 per 1,000 gallons with a 5,000 -gallon
minimum for 2025 for sewer district served by Village of Cayuga Heights.
2nd Cl Vargas-Mendez
Roll Call Vote Cl Vargas-Mendez Yes
Cl Dravis Yes
Cl Lamb Yes
Supv Leifer Yes
Employee Appointments – The Planning Department has two new Code Enforcement
Officers, one full-time and one part-time.
Resolution #94 (2025) Appoint Full-Time and Part-Time Code Enforcement Officers
Supv Leifer offered the following resolution and asked for its adoption:
Whereas, the Planning Department filled two positions,
RESOLVED, that this Town Board hereby appoints Matthew Branneman to the position of
part-time Code Enforcement Officer with a start date of June 9, 2025 at a rate of $28.50/hour.
RESOLVED, that this Town Board hereby appoints Braden Wulf to the position of full -time
Code Enforcement Officer with a start date of June 9, 2025 at an annual salary of $60,000.
2nd Cl Vargas-Mendez
Roll Call Vote Cl Vargas-Mendez Yes
Cl Dravis Yes
Cl Lamb Yes
Supv Leifer Yes
Dryden Fiber is hiring a part-time accounting assistant.
Resolution #95 (2025) - Appoint Part-Time Accounting Assistant for Dryden Fiber
Supv Leifer offered the following resolution and asked for its adoption:
Whereas, Dryden Fiber needed additional financial and administrative assistance for the MIP
grant.
RESOLVED, that this Town Board hereby appoints Matthew Kinast to the position of part -time
Accounting Assistant with a start date of June 9, 2025 at a rate of $26.00/hour.
2nd Cl Lamb
Roll Call Vote Cl Vargas-Mendez Yes
Cl Dravis Yes
Cl Lamb Yes
Supv Leifer Yes
Code Enforcement Contract with Village of Dryden - A contract to provide code
enforcement services for the Village of Dryden has been presented for approval. The term
is June 1, 2025 through May 31, 2026 for a total of $49,000 paid in monthly installments.
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RESOLUTION #96 (2025) – AUTHORIZE CONTRACT WITH VILLAGE OF DRYDEN
FOR CODE ENFORCEMENT SERVICES
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves a contract to provide code
enforcement services to the Village of Dryden from June 1, 2025 through May 31, 2026 for the
sum of $49,000.00, payable in monthly installments.
2nd Cl Lamb
Roll Call Vote Cl Vargas-Mendez Yes
Cl Dravis Yes
Cl Lamb Yes
Supv Leifer Yes
The Planning Department has asked that Brian Fenner be added to the town’s list of
certified electrical inspectors.
RESOLUTION #97 (2025) – ADD B FENNER TO LIST OF CERTIFIED
ELECTRICAL INSPECTORS
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby authorizes the addition of Brian Fenner to the
town’s list of certified electrical inspectors.
2nd Cl Lamb
Roll Call Vote Cl Vargas-Mendez Yes
Cl Dravis Yes
Cl Lamb Yes
Supv Leifer Yes
Authorize Application for CDBG Funding – Hanshaw Village mobile home park
continues to have sewer issues and will apply for CDBG funds to connect to the town’s sewer
infrastructure as an out of district user. It will be set up as a gravity line on Hanshaw Road, so
there is the possibility of extending the district and serving other residents/entities in the
future. They are applying for $1,500,000.00 and the balance will be paid by the park owner,
Cook Properties.
RESOLUTION #98 (2025) – AUTHORIZING THE SUPERVISOR TO APPLY FOR AND
RECEIVE FUNDING UNDER THE 2025 COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM
Supv Leifer offered the following resolution and asked for its adoption:
WHEREAS, the U.S. Housing and Community Development Act of 1974 (P.L. 93-383), as
amended, provides for the development of viable urban communities by providing decent housing
and suitable living environment and expanding economic opportunities, principally for p ersons
of low and moderate income; and
WHEREAS, said Act authorizes the Secretary of Housing and Urban Development (HUD),
through the New York State Office for Small Cities to make grants to units of general local
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government to help finance Community Development Programs under Section 103 (a)(1) of Title
I; and
WHEREAS, under said legislation, eligible applicants in the case of municipalities, are
required to authorize an official representative to file the application and to provide the Secretary
with certain assurance of compliance with applicable laws and regulations under Title I of said
Acts; and
WHEREAS, it is desirable to conduct and hold a public hearing pursuant to the HUD Act
to obtain the views of the citizens on Community Development needs, to establish priorities, and
subsequently to develop the application, programs and any amendments or revisions thereto;
and
NOW, THEREFORE, IT IS RESOLVED, by the Members of the Town Board: That the
Town Clerk is hereby authorized to publish a Notice of Public Hearing to be held on Thursday,
June 19 at 6:15 pm at the Town of Dryden Hall to provide an opportunity for the Town to:
a. Provide the citizens of the Town with adequate information concerning the amount of
funds available for proposed community development activities, the range of activities
that may be undertaken and other important program requirements.
b. Provide citizens adequate opportunity to participate in the development of the
application, any revisions, changes or amendments to the application, prior to the
submittal.
BE IT FURTHER RESOLVED, that the Supervisor by and hereby is authorized to execute
and file an application on behalf of the Town of Dryden with the New York State Office of Homes
and Community Renewal for a community development grant pursuant to Title I of the Housing
and Community Development Act of 1974, as amended; and
BE IT FURTHER RESOLVED, that the Supervisor is hereby authorized and designated
as the representative and to act as such in connection with the application to provide additional
information as may be required including all understandings and assurances contained in the
application; and
BE IT FURTHER RESOLVED, that the Supervisor is hereby authorized and directed to
execute any contract and/or agreement with the New York State Office of Homes and Community
Renewal in connection with the Application and his designee is further authorized to request and
expend funds from the U.S. Government pursuant to said contract and/or agreement; and;
BE IT FURTHER RESOLVED, to the extent all or any actions hereby authorized have
been executed and/or performed by the Supervisor all are hereby ratified and confirmed and
this Resolution take affect immediately.
2nd Cl Lamb
Roll Call Vote Cl Vargas-Mendez Yes
Cl Dravis Yes
Cl Lamb Yes
Supv Leifer Yes
Annexation Approval – Supv Leifer displayed the findings, resolution and order in this
matter and reviewed it with board members.
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RESOLUTION #99 (2025) – ADOPT FINDINGS, RESOLUTION AND ORDER IN THE MATTER OF
ANNEXATION TO THE VILLAGE OF DRYDEN OF TOWN OF DRYDEN TAX PARCEL 38-1-30.11
Supv Leifer moved adoption of the following:
IN THE MATTER OF THE PETITION OF D&A
PROPERTIES FOR ANNEXATION BY
THE VILLAGE OF DRYDEN OF LANDS IN THE TOWN OF DRYDEN
BEING TAX PARCEL NUMBER
38.-1-30.11
FINDINGS, RESOLUTIONS, AND ORDER OF THE
TOWN OF DRYDEN PURSUANT TO ARTICLE 17 OF THE NEW YORK STATE GENERAL
MUNICIPAL LAW
A Petition (the “Petition”) having been filed by D&A Properties, Inc. for the annexation of
certain property in the Town of Dryden to the Village of Dryden, and a joint public hearing of the
governing Boards of the Town of Dryden and the Village of Dryden having been held on April 10,
2025 in accordance with Section 705 of the General Municipal Law of the State of New York, the
Town Board of the Town of Dryden hereby makes the following findings and thereupon adopts the
following resolutions and order based upon such findings, all in accordance with Section 711 of
the General Municipal Law of the State of New York:
FINDINGS
1. The Petition of D&A Properties, Inc. (hereinafter the “Petitioner”) dated February
11, 2025 for the annexation of Town of Dryden Tax Parcel Number 38.-1-30.11 was filed in the
offices of the Town Clerk of the Town of Dryden on February 24, 2025. A copy of the Petition is
attached hereto as Exhibit A.
2. Pursuant to the provisions of Section 704 of the General Municipal Law of the
State of New York (hereinafter the “General Municipal Law”), the Village of Dryden (hereinafter
the “Village”) caused notice of the joint public hearing to be published in the Ithaca Journal, the
official newspaper of the Village, on March 15, 2025.
3. Pursuant to the provisions of Section 704 of the General Municipal Law of the
State of New York, the Town of Dryden (hereinafter the “Town”) caused notice of the joint public
hearing to be published in the Ithaca Journal, the official newspaper of the Village, on March 15,
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2025.
4. The Village caused a copy of the notice of joint public hearing to be mailed to the
Petitioner (Petitioner allegedly being the sole owner of property within the territory proposed to
be annexed) on March 11, 2025.
6. The Village also caused a copy of the notice of joint public hearing to be mailed to
the Dryden Central School District on March 11, 2025.
7. The joint hearing of the Village and Town, as the two governing boards of the
involved municipalities, was held on April 10, 2025 in accordance with the notices published.
8. In attendance at the joint hearing were (i) the Mayor of the Village, the two
Trustees of the Village, the Village Clerk/Treasurer and (ii) the Town Supervisor, the four
members of the Town Board, and the Town Clerk.
9. Natalie S. French, Attorney for the Village, presided at the hearing by agreement
of the members of the participating Boards.
10. The Petitioner did not appear and no comments were received during the meeting.
No representative from the Dryden Central School District spoke at the hearing.
11. Neither the Town nor the Village received written comments prior to the public
hearing.
12. Petition appears to have been properly signed by "the owners of a majority in
assessed valuation of the real property in such territory assessed upon the last preceding
assessment roll of, or utilized by, the local government or governments in which it is situated" as
provided by Section 703 of the General Municipal Law of the State of New York, that being the
Petitioner, the sole owner of all property within the territory and thereby
fully qualified as the signatory of the Petition. The Petition likewise appears (i) to have attached
thereto the required certificate of the assessor responsible for the preparation of the assessment
roll certifying the foregoing, and (ii) to have been properly authenticated as required.
13. By email following the Joint Public Hearing, Attorney French asked the
Petitioner’s representative, Brian Grose, Fagan Engineers & Land Surveying, Inc, for the
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capacity of the signor of the Petition. Mr. Grose stated that Benjamin P. Whittmore, signor of
the Petition, has the following title, Vice President of D&A Properties and the President of Don
Gowan Inc., dba Home Central.
14. If the subject territory is annexed, the Town will continue to receive Town
property taxes except to the extent that ownership of any portion of the property is held by a
tax exempt entity.
15. If the territory is annexed as proposed, municipal services such as public water
that are not currently available through the Town will be available from the Village. In addition
thereto, the extension of such services to the property proposed to be annexe d will very likely
(i) enable Petitioner to pursue its goal opening a retail establishment at that site, thereby
encouraging employment and economic stimulus in the Dryden community, (ii) enhance the
provision of such services to properties nearby, (iii) b etter coordinate delivery of municipal
services as currently extended by contract to portions of the Town, (iv) enhance the ability of
the Village to improve fire protection to the Village and Town, (v) provide a more cost effective
way to maintain and extend such services by spreading such cost over a larger number of
taxpayers, and (vi) promote continued intermunicipal cooperative efforts between the Village
and the Town. All such potential benefits may not be available and/or realized if the proposed
territory is not annexed.
16. The proposed annexation will allow the planned Village extension of municipal
services to move forward with substantial infrastructure improvements, the cost of which would,
in whole or in part, be paid for by the developer or developers of the annexed lands. Such
potentially cost-free infrastructure extensions and improvements would be very beneficial to the
taxpayers of the Village and could likewise provide direct and indirect benefits to the Town.
17. The improved municipal services and related infrastructure improvements
anticipated from the annexation and subsequent creation of Petitioner’s business operations will
very likely result in increased assessment valuations for the annexed property and additional
properties adjacent thereto. Therefore, it is anticipated that the Village, Town and Dryden Central
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School District will receive increased property tax revenues from such properties and derive an
increased tax base and the resulting benefits to all Village, Town and School District taxpayers.
18. The zoning and use of the property proposed for annexation appears to be
consistent with the zoning and general plan of the Village, and any such uses and expansion
projects will be subject to the zoning and subdivisions regulations of the Village and all
environmental review procedures related thereto.
19. The anticipated continued use and contemplated expansion of the improvements
on the property proposed for annexation may serve to (i) enhance and grow the commercial areas
within the Village and (ii) provide jobs and other economic benefits to both the Village and Town.
20. To the extent applicable to the Village, as the municipal entity in which the subject
property (currently a part of the Town) will be annexed, the Village has acknowledged that it will
be bound by (i) the provisions of subdivision 1 of Section 707 of the General Municipal Law as to
the disposition of real and personal property, if any, owned by the Town, and (ii) the provisions
of subdivision 1 of Section 708 of the General Municipal Law as to the assumption by the Village
of its apportioned share of indebtedness and/or contract or other liabilities, if any, for which the
Town is liable. No agreements have been entered into by and between the Village and the Town
related to the foregoing matters.
RESOLUTIONS
NOW, THEREFORE, based upon all of the foregoing findings, it is hereby:
RESOLVED, that Petitioner’s Petition substantially complies in form and content with
Article 17 of the General Municipal Law; and it is further
RESOLVED, that the proposed annexation described in said Petition is hereby deemed
to be in the overall public interest; and it is further
RESOLVED, that the proposed annexation as described in said Petition is hereby
approved by the Village Board of Trustees; and it is further
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ORDER
HEREBY ORDERED, that copies of the foregoing findings, resolutions and determinations
set forth therein, all of which are hereby incorporated by reference into this Order, together with
the Petition, notice of public hearing, written objections, if any, and testimony and minutes of
proceedings taken and kept on the hearing, be filed in the offices of the clerks of the Village and
Town as the affected local governments.
2nd Cl Lamb
Roll Call Vote Cl Vargas-Mendez Yes
Cl Dravis Yes
Cl Lamb Yes
Supv Leifer Yes
Phase 1 Zoning Rewrite - The Zoning Advisory Group (ZAG) has provided the
Town Board members with the scope summary and Phase 1 plan. Cl Lamb said the group
has taken the scope of work and adjusted it to fit more precisely what is to be done in the
first phase of the zoning rewrite. It is important for the community to know that this is not
the complete package of zoning, and there are some pressing needs to be addressed first.
One is a moratorium currently in place that expires at the end of this year. Th is
recommendation will go to the consultant and come back to the board. It is not the
complete document, but guidelines for the consultant.
The committee is attempting to modernize the zoning so that it is readable for the
general public and to make clear what exactly they are trying to do with the zoning update.
Cl Lamb thanked the committee and others who have participated in the process for bei ng
so diligent.
John Kiefer, Craig Anderson, and Chris Morrissey of the Planning Board were
present. J Kiefer did a lot of research on the battery storage systems issue and the group
has identified locations in the town where it might be possible to locate such a facility . J
Kiefer said the Governor had formed a committee to study best practices for battery
storage systems. They published recommendations, and some of those were put into this
document.
Cl Vargas Mendez, who also serves on the Affordable and Workforce Housing
Committee, thanked J Kiefer and ZAG for their work and for supporting most of the input
of the housing committee. He said he understood this is a first step, asked if there would
be more time for additional comments, and was told there would be.
The consultant will take this document, there will be a 2 -3-month process to
address the items in the scope, and then a response will be provided to the town.
Martha Robertson said the housing committee, after going line by line through the
audit, had offered additional comments and she would like the document from that
committee folded entirely into the phase one document. There would then be a
comprehensive document for the consultant to work with. Some of the housing committee's
comments were left out and she would like them included now rather than later.
After discussion and comments that the advisory group's process should be
respected and that the items of concern can be addressed later, there was consensus to
move the document forward as it is.
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RESOLUTION #100 (2025) - ACCEPT PHASE 1 RECOMMENDATION FROM ZONING
ADVISORY GROUP
Cl Lamb offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby accepts the recommendations of the
Zoning Advisory Group and that they be advanced to the consultant as soon as possible
with instructions to prioritize the moratorium for data processing and crypto mining.
2nd Supv Leifer
Supv Leifer said Nathan VanWhy will be leaving Coughlan & Gerhart to open his own
practice at the end of the month and has proposed a retainer agreement with the town.
Coughlin & Gerhart have provided a similar proposal. The board will review them and take
action next week. Supv Leifer said he thinks the town may want to contract with them
both, and that continuity is important.
Town Hall will be closed next week on June 19 for the workday in observation of
Juneteenth. However, because there are three public hearings scheduled, the board
meeting will be held on the 19th at 6:00 p.m. Cl Lamb explained this was an oversight,
and it is not a lack of respect.
The board moved into executive session at 6:52 p.m. to discuss current litigation.
No action was taken, and the meeting was adjourned at 7:20 p.m.
Respectfully submitted,
Bambi L. Avery
Town Clerk
8.Although the territory receives sewer service from the Cortland Road Sewer District, the territory
receives no public water service. If the petition is granted, petitioner will hook up to the Village of
Dryden system.
9.The territory is in a (town) mixed use commercial (zoning) district which allows as a permitted use
as of right, medium retail.
10.The Village of Dryden zoning district adjacent to the territory, and on which the petitioner already
owns is situated, is classified as a vacant commercial district.
11.The petitioner is developing this parcel to be an additional location for a hardware store. The
proposed use by the petitioner is consistent with its hardware store use and is (presumedly) allowed
by the Village of Dryden commercial uses.
12.The proposed annexation will have no effect on the school district. The territory is not part of any
public benefit corporation, fire district, fire alarm district or town or county improvement district,
except the town's Cortland Road Sewer District. Fire protection and ambulance service will continue
from the same provider.
13.Based on the foregoing, it is in the overall public interest of the territory to be annexed.
14.WHEREFORE, Petitioners respectfully request that the territory be annexed from the Town of
Dryden to the Village of Dryden, Tompkins County, New York.
Dated: February 11, 2025