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HomeMy WebLinkAbout2005-11-10Present: Elected Officials: TB I I - l p -U5 TOWN OF DRYDEN TOWN BOARD MEETING November 10, 2005 Supv Stephen Trumbull, Cl Stephen Stelick, Jr., Cl Martin Christofferson, Cl Christopher Michaels, Cl Michael Hattery Bambi L. Hollenbeck, Town Clerk .lack Bush, Highway Superintendent Other Town Staff: Mahlon R. Perkins, Town Attorney Henry Slater, Zoning Officer Daniel Kwasnowski, Environmental Planner Andrew Sciarabba, TG Miller Engineering Supv `Trumbull opened the meeting at 7:02 p.m. and led board members and guests in the pledge of allegiance. Bill Wilburn, Clifford Smith Realty, said they have an option to buy approximately 46 acres from Ron Goodard just north of the A -1 Restaurant. it has been surveyed and a wetland delineation has been prepared. 'rhe Town Zoning Office has a copy of the survey and drawings. They have met with Dean Ross of TC3. They have a letter of commitment from Dollar General to go on the property, and are working with Best Western and possibly another motel. Mahlon Perkins is involved as the attorney for Goddard and they intend to close in the next two or ® three weeks. They are preparing a survey to detennine the need for any other type of restaurant., conference and meeting facilities, etc in the area. They understand there is sewer to the site along Route 13 and will need water and sewer services for the property. Supv Trumbull said the board is supportive of this project and is negotiating with the Village to provide the services. Bill Wilburn said he has met with Senator Seward and he is aware of the situation. The board explained to Mr. Wilburn that water could be supplied by the Town if a water district was formed, or it would become available if the property was annexed to the Village. They also said they could ask Thoma Development to see what might be available in the wav of assistance. The developer has also been in touch with `rCAD. There is no report on .Japanese Knotweed. CITIZENS PRIVILEGE Arthur Berkey said he appreciates the board continuing to work on the Ellis Hollow Road water matter and hopes it can be finalized soon. He said there had been a question about how many instances they had of where both the husband and wife voted, and that was less than five. For those people who were out of town when they conducted their survey, a form was left for them to complete and return. He has received three additional phone calls in favor and two signed petitions back. The need continues to be great in the area, particularly near Fox Hollow where people are unable to do laundry or take showers. COUNTY BRIEFING Mike Lane read the following statement: ® Tuesday's election underscored for all of us how vitally important each vote really is, particularly in local elections. Page 1 of 12 T13 I I -1 O -05 In the race for District 14 County Legislator, after counting the absentee ballots that had been received by the Board of Elections as of Wednesday, the difference between the leader, Mike Hattery, and myself was but 20 votes_ Uncounted were 11 challenged ballots (some challenged by each side), and 19 absentee and military ballots yet to be received and counted, and which may or may not arrive by the statutory cutoff date. If all 30 of those ballots were validated and counted, I would need to have 26 of them in order to win, while Mike Hattery would need only 6. In Wednesday's absentee ballot tally, 62 were counted. I received a substantial majority of those votes: 39 to 23, almost a 2 to 1 margin. If either candidate wishes to have a court decide about the challenged ballots, he has just three days to file an action. Otherwise, the two county election commissioners rule on whether or not to count each ballot. Without court action, it is likely that all valid ballots will be speedily counted. Having reviewed and considered all of this, and consulted with friends and supporters, I have concluded that it is possible for me to win the election, but it is not probable. Never before has an election for District 14 Legislator been decided by so very narrow a margin. It is truly razor thin. Nevertheless, the people need to know who their next county legislator will likely be, without waiting for a lengthy post election process. Accordingly; I am tonight publicly conceding the election to Mike Hattery, and I extend to him my very best wishes. is There are no better people in the world than those who live in Dryden and Freeville. They deserve the highest level of representation on the County Legislature. I, for one, will be watching our new legislator, and will expect nothing less than that he represent all of the people. I fully trust that he will do his best." Mike Hattery thanked Mike Lane and said that he has always wanted to say throughout this long Fall that Dryden has been fortunate to have such a long - serving and devoted public servant: as Mike Lane, though they differ on many issues. But in terms of his service to the community, no one can deny that. ENGINEERING A Sciarabba said there are two projects currently under construction. The foundations are in for the highway barn addition and they are working on getting the shop drawings approved for the steel. They anticipate that happening in the next week or so and completing the project by mid - December, weather permitting. With respect to Royal Road Water and Sewer, the water lines and the sanitary sewer lines on Royal Road are in (not yet tested). Tomorrow the lines on Hanshaw Road will go in and next week they will finish testing the main. The project will be completed in its entirety in the next couple of weeks. A Sciarabba said TG Miller submitted a proposal on October 13 for the preparation of a map, plan and report for the Ellis Hollow Road water matter. The proposal is for an amount; not to exceed $9,600. If they get to a point where the project does not seem feasible, they will let the Town know and the Town can ask them not: to complete the report. Page 2 of 12 TB 11=10-05 RESOLUTION #160 - RESOLUTION APPROPRIATING FUNDS FOR PREPARATION OF 0 GENERAL MAP, PLAN AND REPORT FOR PROVIDING FACILITIES, IMPROVEMENTS AND SERVICES IN A PROPOSED WATER DISTRICT IN THE TOWN Cl Michaels offered the following resolution and asked for its adoption: WHEREAS, the Town Board of the Town of Dryden (the "Town) has received requests from property owners in part of the Town to study the feasibility of establishing a water district in a portion of the Town, which district would serve properties on Ellis Hollow Road between Game Farm Road and Turkey Hill Road /Quarry Road, including properties along Snyder Heights Road and Fox Hollow Road; and WHEREAS, the Town Board has received a proposal from T. G. Miller P. C. Engineers and Surveyors to prepare a general map, plan and report for providing water system facilities, improvements and services in the above described portion of the Town, NOW, THEREFORE, BE IT RESOLVED, that subject to permissive referendum, the sum of Nine Thousand Five Hundred Dollars ($9,500.00) is hereby appropriated to pay the cost of preparing a general map, plan and report for providing water system facilities, improvements and services in the above described portion of the Town, and be it FURTHER RESOLVED, that T. G. Miller, f . C. Engineers and Surveyors are hereby authorized and directed to prepare such map, plan and report within the limits of the amount appropriated therefor, and in accordance with the applicable provisions of the Town Law and upon completion thereof to file the same in the office of the Town Clerk. This resolution is subject: to permissive referendum as provided in Town 1,aw Section 209 -b, in the manner provided in Article 7 of the Town Law. 2nd Supv Trumbull Roll Call Vote Cl St:elick Yes Cl Christofferson Yes Supv Trumbull Yes Cl Michaels Yes Cl Hattery Yes Atty Perkins explained that because this resolution is subject: to a permissive referendum it will not be effective for 30 days (or after a vote in the event a petition for a referendum is received). If a map, plan and report is prepared because TG Miller has been determined it is a feasible project, a public hearing will be held on that. One of the guidelines for determining that it is feasible are annual thresholds for water and sewer expense which are set by the stage comptroller. If the map, plan and report comes in showing that for a particular property in the proposed district the estimated first year cost is under the threshold, then it is deemed to be economically feasible (around $500 for a typical property now). D Kwasnowski gave board members a map showing the potential properties to be included in the district. A Sciarabba said they are proceeding with work on the map, plan and report for the Hall Road /Pinckney Road water district, and anticipating having it for the board by the end of December. HIGHWAY DEPARTMENT /DPW • Jack Bush said board members have received copies of the Snow & Ice Agreement with Tompkins County. It is necessary to have a new agreement because of changes in which department: is taking care of which roads. Atty Perkins said there are changes in the form of Page 3 of 12 1611 11-10-05 agreement from what was done in the past, and the schedules were missing from his copy, together the resolution from the County Legislature authorizing the contract administrator to sign it. In the past the highway manager has also signed it. Atty Perkins will work with J Bush on the agreement. J Bush asked the board to pass a resolution designating the seasonal use roads. There are no changes from last year. Michaels RESOLUTION #161 - DESIGNATE SEASONAL USE ROADS Cl Michaels offered the following resolution and asked for its adoption: RESOLVED, that this Town Board accept the following list of seasonal limited use highways upon the recommendation of Highway Superintendent. These roads will not be plowed nor maintained from November 2005 through April 2006. The roads will be posted with the appropriate signs and the Town Clerk shall post such notice at the Town Hall, 1) Hile School Road - from #147 Ed Hill Road west to within approximately 500 feet: of route 38. 2) Signal `rower Road - from Card Road north to the power lines. 3) Star Stanton Hill Road - from approximately 800 feet west of Dryden- Harford Road west: for approximately 3000 feet. Yes 4) Caswell Road - from West Dryden Road south for approximately .6 mile. 5) Beam Hill Road - from the eastern boundary of tax map #50 -1 -18.2 sough to the southern boundary of tax map #60- 1 -6.1. 2nd Cl Stelick Roll Call Vote Cl Stelick Yes Cl Christofferson Yes Supv Trumbull Yes CI Michaels Yes Cl Hattery Yes RESOLUTION #162 - AUTHORIZE SNOW & ICE AGREEMENT Cl Michaels offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the Town Supervisor, on approval of the Town Attorney, to execute the Snow and Ice Agreement with Tompkins County. 2nd Cl Hattery Roll Call Vote Cl Stelick Yes CI Christofferson Yes Supv Trumbull Yes Cl Michaels Yes Cl Hattery Yes Page 4 of 12 TB 11 -10 =05 Bernie Thoma, of Thoma Development, introduced Alex Deyhim of Advanced Design, who is considering purchasing property in the Town for his business, and said that the Town may choose to access some assistance that could be available to the company to help them proceed. Alex Deyhim said he is a Cornell graduate and has a home grown company in Lansing that currently employs 30 people. They do engineering consulting and do a lot of work for syncotron facilities. They have some defense contracts and 99% of their business comes from out of the country. They will create well- paying engineering and manufacturing jobs, designing parts and manufacturing. The company continues to increase its employee benefit program. They have expanded their business twice in the last 8 years, presently have about 15,000 square feet, and expect to run out of space in 6 -7 months. They currently have a purchase offer pending for 48 acres on Route 13 near TC3. They intend to put up a 50,000 square foot building and have made a commitment to employ 100 people in the first three years. A Deyhim invited to board to visit the present: facility and see what they do, stating it is important to have a good relationship with the Town and they have enjoyed an excellent relationship with Lansing. They looked into moving the company to Tennessee two years ago, but decided because of quality of life they really did not want to move. The company has no chemical waste and is looking into making the project a green -type project. 6 Thoma said this project is estiunated to be about 3 to 4 million dollars, and he is working with Empire State Development: which is a skate agency that can provide some assistance directly to the company. There is another program through the Governors Office of Small Cities and the State has set aside some of that money for specific economic development projects. That is only accessed by a municipality and the assistance is based somewhat on the number of jobs created and somewhat based upon the total amount of project. In this case there is a potential of getting up to $700,000. That money would come to the Town and the Town would then loan it with terms that it can be forgiven based on certain conditions set by the Town, such as number of jobs created, etc. If the Town wishes to proceed, there needs to be some contact: made with Governor's Office for Small Cities and if they believe the project might be available, the Town would make a pre - application, and once that is approved a final application will be submitted that would include the details of financing, associated agreements, etc. Barbara Caldwell indicated the Planning Board could be involved if the Town Board desired that. Thoma Development: will assist the Town in this process for a fee of up to $4,000. That amount could not be recovered. If the application is successful there are some administrative costs associated that could be recovered (up to $16,000), Cl Hattery suggested a rneeting be had with the Village of Dryden to determine what the options are for providing water and sewer to the site. A Deyhim said they could start without water and sewer, and their business does not depend on that in order to be able to operate. The site could be designed so that they could hook in should it become available in the future. It was suggested he talk with Dryden Mutual Insurance about what is involved in providing water for a business of that size. A Deyhim said they hope to break ground in the Spring and move into the building next. November or December. Mike lane said this was just the kind of thing that: they have been working at the County level to try to get into Dryden and other places. A $4,000 investment in return for 50 jobs or 4.5 million dollars worth of tax base, even with initial tax abatements, is a pretty good investment for the people of the Town. He also said the County has put in the application for the Empire Zone and now is the time to start writing lei:ters and making contacts with the three senators and :assemblywoman and say we want an empire zone this year and we have projects ready to go. The session will start in January and we need to be putting the pressure on in November and December. ® Supv Trumbull will set up a meeting o discuss the process further with Bernie Thoma. g P Page 5 of 12 0 RECREATION DEPARTMENT Jennifer Dube said fc 136. The junior tackle team held last Sunday with over 1 Binghamton University Kick participating next year, TB I 1-10-05 iotball and cheerlea.ding have concluded with a total registration of was undefeated. The first cheerleading competition in Dryden was 00 girls participating and about: 250 people in attendance. The Line team performed. Ten teams have expressed an interested in A meeting will be held next: week with the Community Centers to discuss programming for the upcoming year. The basketball goals are being moved to the Ellis Hollow Community Center and then to Varna Community Center. Pending School Board approval, Jennifer Dube will have a key to the school for certain events, and that will save in expense for having school supervision. ATTORNEY Atty Perkins reported on the status of the Crossmore, formerly Wilkinson vs. The Town of Ithaca, Town of Dryden, Bolton Point lawsuit. They have met twice under the civil appeals settlement program with retired Judge Yesawich in Cortland, and he has not scheduled any further settlement meetings because he thinks he has gone as far as he can go. He has given both sides an indication of how he would look at this if he were sitting at the Appellate Division. The current status is that the plaintiff is applying to the Village of Lansing for subdivision approval of a parcel through which this road was to have been built. The settlement of this matter depends on paying some money and the Village of Lansing granting subdivision approval. A motion was made in the Appellate Division to extend the time in which we have to perfect the appeal of the original order from Judge Mulvey which determined that Crossmore could substitute himself as the plaintiff in this action. The Appellate Division has granted that motion and extended the time to perfect the appeal to February 6, 2006. This will give the plaintiff more time to get along in the settlement: discussions. The plaintiff has admitted there is probably an $0% chance it will settle out. Atty Perkins will keep the board informed of the progress. Atty Perkins has provided the board with copies of proposed agreements with the Village for Dryden for code enforcement and court security services. The code enforcement agreement that the Town had with the Village expired in 2004. Since that time the Town has continued to furnish the services and effective June l , 2005 the Village voluntarily increased the amount it is paying (an annual rate of $10,000). The new proposal they had was this $10,000 and included some expanded responsibilities on the Town's part, and had some other language added that needed to be cleaned up. ZO Slater said his understanding was that it was to be $1,000, but that discussion was based on the Town and the Village entering into an agreement for court security services, and would in effect be an exchange of checks every month. Atty Perkins has met with the Mayor and she explained the Village's concerns with the police services contract is that they have no idea how much time will be involved in providing the services. Originally they quoted a figure of $60 an hour if it went over 18 hours a month for the officer's time in court. The original proposal also had a primary obligation paragraph which said if the officer was in court, but needed somewhere they would go. That would leave the court unprotected, and the reason for having the agreement is to have the court protected. The Mayor has agreed that provision should be removed and it is a matter of scheduling. Atty Perkins suggested to Mayor that the police services agreement could be tried beginning December 1 and the Town would pay $+45.00 per hour to be billed monthly. After six months we would have a good idea of what is involved. There would also be in the agreement a clause Page 6 of 12 113 1 1 -10 -05 that either party could terminate the agreement at any time for any reason or for no reason. • He said hopefully we can get to a situation where we are trading services of equal value. ZO Slater said the Court certainly needs protection. The Village relies not only on him, but also three other people on the Town's staff to provide services and professional assistance. He suggested the Town establish an hourly rate for each of the people in supporting the Village's code enforcement services and bill accordingly during the same six -month period and see how it works out. He noted the Village has the ability to recoup many of the expenses of code enforcement services because they have a reimbursable fees law in place. Cl Michaels said this would be a self - correcting situation and was in favor of it. The board felt it would be a fair situation for each municipality to bill for its services for a six -month period and see how it works out. ZONING OFFICER ZO Slater reported that TC3 intends to build more student housing. He has all the documents and application and a special permit hearing will be held at the December S Town Board Meeting. It is his understanding that this project will not: impacted by the Village's moratorium on sewer because of the efforts of TC3 to reduce its current flow, and he did verify that with the Village. Cl Christofferson said that TC3 is building a road from the dorms over to Bahar Drive to help alleviate some of the traffic on Livermore and concerns of people on Lee Road. ZO Slater said the Tompkins County Planning Department and Tompkins County seem to want to become more involved in the purchase of develop rights, and have the Towns become less involved. Last year Cooperative Extension came to the Town and asked it to support the application of five different farms for the purchase of agriculture development rights, which the Town did. He said the process started the same this past August: when Cooperative Extension asked ZO Slater if he thought the Town would be willing to participate again, and he never heard anything further until a few weeks ago when he became aware that the County had decided that they were going to take over the program in its entirety, bypassing the `I own. The County would hold the development rights and administer the program, and the Town would have no involvement. Recently the Town received an email saying that: the Stuttle and Sherman farms in the Town of Dryden that the Ag its Farni Land Protection Board would be supporting for this grant, and asking that a_ meeting be scheduled with representatives of the various agencies to discuss the potential roles of the Town and the County relating to the grant application. They also wanted to know if there was preliminary support from the Town for t:he applications. That meeting will be held November 29 or December 1. ZO Slater urged the board to send a representative and decide how the Town feels about the changes and whether it wants to continue to be involved. Atty Perkins has looked into the matter and said the County can take the program over. He said the Town's position has been that it wanted to be involved. Cl Michaels said he appreciates that the County has a Planning Department, but the planning function is primarily done at the Town level. Site plan review, master plans for development, zoning laws, etc, are local. Cl Hattery said this an attempt of the County to get involved in town and village land use powers. D Kwasnowski said lie agrees that the Town should do it, but other towns and villages don't have the staff that Dryden does to deal with this and that may be what the County is addressing. ZO Slater noted that only two applications in the County are farms in the Town of Dryden. Supv Trumbull, ZO Slater, and D Kwasnowski will attend the meeting and the Supervisor will have his secretary set it up. ENVIRONMENTAL PLANNER I* Page 7 of 12 T13 I I -10 -05 Dan Kwasnowski asked the board if they were comfortable with moving forward with • the trail plan as outlined in his recent letter, and they said are. The preliminary plan will be forwarded to DOT and a hearing will be held on it. Progress continues on the stormwater ordinance and will soon be presented to the Planning Board. Barbara Caldwell and D Kwasnowski are working on a cluster subdivision ordinance. An Environmental Impact Statement has been received for the County's emergency radio system. D Kwasnowski has reviewed it and given his comments to Atty Perkins. D Kwasnowski said the biggest issue there is the Town has a local ordinance for telecommunication towers. In the Environmental Impact Statement the County says is it is not subject to local law. He noted the County is exempt by definition as long as it is for public emergency broadcast. There is a discussion in the appendix of co- location by commercial enterprises on these towers. He said environmentally overall, there is not really much issue, but the co- location portion is pretty straightforward, If someone wants to co- locate on the towers after they are installed, a permit from the Town is necessary. D Kwasnowski said he and Atty Perkins are working on a response to EIS. Cl Michaels asked if Tompkins County was also of the opinion that a co- locator would need a permit from the Town to co- locate, and Atty Perkins said that when Steve Whieher came to a town board meeting on February 12, 2003, he specifically represented that if there were going to be any co- location by any private commercial enterprises they would comply with our local law. He said he is working with D Kwasnowski on composing the response to the draft EIS so they are aware of that issue. So long as the project is used exclusively by dispatch, fire, police, etc, the Town does not regulate it, and so would not regulate the initial installation, however, co- location would be regulated. The Country plans to rebuild two towers in the 14own under this project. ZO Slater noted that both of those are locations where co- locations exist. The current towers are not of significant height to encourage co- location, but the new towers will be higher. D Kwasnowski said Cornell is doing a generic environmental impact: statement through Tompkins County Transportation Council on the inevitable growth of Cornell and the impacts on transportation. He said if they build in mitigation for that now and account for it before it happens, it will be a good thing for the Town of Dryden. TOWN CLERK B Hollenbeck asked the board to approve the minutes for its October meetings, RESOLUTION # 163 - APPROVE MINUTES Cl Christofferson offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the minutes of the October 13 and October 27, 2005, town board meetings. 2nd Cl Michaels Roll Call Vote Cl Stelick Yes C1 Christofferson Yes Supv Trumbull Yes CI Michaels Yes Cl Hattery Yes Page 8 of 12 TB 11-10-05 B Hollenbeck previously provided the board with a list of charges for delinquent water, • sewer and engineering to be relevied to the Town & County taxes. RESOLUTION # 164 - ADD DELINQUENT WATER & SEWER AND ENGINEERING FEES TO 2006 TAX ROLL Cl Michaels offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the addition of the following water and sewer bills and engineering fees to the 2006 tax roll: Acct No. Name Parcel Amount K4353 William Reed 55. -1 -15.2 2,1.4 5.49 K5245 Kri Lyn Funding Co., Inc. 54. -2 -9 704.92 K6353 Michael Kimball 56. -2 -1.2 91922.34 L3422 Mary Richards 56. -5 -7 52.69 1,3446 Michael Kimball 53. -1 -7 529.32 L3452 Joseph Giordano 43. -1 -19.14 339.90 L3464 John Lucente 43.- 1- 19..19 649.26 L3466 Joseph Giordano 43. -1- 19.10 330.67 L3472 Scott & Kristie Lovley 43.- l -12 290.64 L3512 Hamilton Allport 56. -2 -6 105.38 L4028 Anthony Marsit 69. -2 -13 228.00 L4047 Nermak, LLC 69. -2 -6 356.59 L4271. Melissa Hine 69. -2 -3.3 70.08 1..5275 Staley Associates 54. -1 -10 158.07 L5390 Sue Weaver 56. -4 -5,31 510.76 L5519 William Spoon 54. -1 -13 81.14 604 Genveve Sopp 38. -1 -32 189.99 606 Paul & Nancy Conklin 37. -1 -10.2 338.66 Nicholas Bellisario 54. -1 -9.6 1.87.50 Susan Boutros 54. -1 -9.2 75.00 Matrix Energy Systems 33. -1 -2 75.00 2025 Dryden Road LLC 461-1 -49.4 45.00 2nd Supv Trumbull Roll Call Vote Cl Stelick Yes Cl Christofferson Yes Supv Trumbull Yes Cl Michaels Yes Cl Hattery Yes B Hollenbeck reported that her office had participated in testing NYS Agriculture & Markets' new website for dog licensing. There were a few problems, but on the whole it looks like it will work well, and I:hey expect to be up and running with it state wide by January 15, 2006. When the new law goes into effect: on that date residents will not be able to renew their dog license for a period longer than the expiration of their current rabies vaccination, and may choose (if approved by the local municipality) to license for a period of up to three years. The Tompkins County Town Clerk's Association is working to provide this information to the public. • DISCUSSION Page 9 of 12 IB 1 1 -10 -05 Supv Trumbull said the Town needed to make a resolution to appoint Dan Kwasnowski isto the Tompkins Country Environmental Management Council. RESOLUTION #16S - APPOINT REPRESENTATIVE TO TOMPKINS COUNTY ENVIRONMENTAL MANAGEMENT COUNCIL Cl Stelick offered the following resolution and asked for its adoption: RESOLVED, that: this Town Board hereby appoints Daniel Kwasnowski to serve as its representative on the Tompkins County Environmental Management Council. 2nd Supv Trumbull Roll Call Vote Cl Cl St C1 Cl Stelick Yes Christofferson Yes ipv Trumbull Yes Michaels Yes Hattery Yes Pamela Kingsbury, who has been working on the design for the new town hall, is no longer with Egner Associates, and Supv Trumbull said that: the Town will honor its contract with Egner for the project. Cl Christofferson said he believed the contract needed to be revisited, and Atty Perkins said his understanding is that we are still operating under Article 1.5, Compensation, of the original agreement, and that they have been paid half of the first site and schematic design payment. He said the contract was entered into in August of 2002 and was based on the rates in effect at that time. There is a provision in the contract that: says if it is not completed in two years, the rates that were used to determine those numbers can be adjusted, and that is probably the discussion that needs to be had with Egner. ZO Slater ® noted that Egner has not suggested that.. With respect to the status of the project, D Kwasnowski said they had a meeting with Egner and he is waiting for a good site plan to be submitted to the Army Corps with the mitigation plan. Cl Christofferson asked ZO Slater to schedule a meeting with the committee and Egner to discuss the contract and make sure everyone is in agreement. D Kwasnowski reported the town had received a model wind tower ordinance from Tompkins County Environmental Management Council. It is a model local ordinance that the County developed to deal with wind energy development in the Town. Wind energy isn't regulated like other energy sources. He has reviewed it and said we do need a wind energy ordinance in the town because if somebody wants to put up a wind mill next to their house, we have no provisions in place for that. This model ordinance deals with commercial wind power which it describes as 500 kw or higher. He said his opinion is that this is high, and that anything that needs extra equipment to connect to the grid is a commercial operation. The model ordinance is a way to regulate under the auspices of a permitted use. I-Ie asked the board to review it and send their comments to him. He said he would start with residential regulation. Commercial operations would require a building permit for their buildings. He cautioned if the board did not make provisions for commercial operation, they would be making a policy to keep it out of the town. If the Town had a regulation restricting the size, and if someone had a feasible project that was commercially viable, he said he is not sure we could regulate it because he's not sure it wouldn't: exceed our jurisdiction as far as for the greater public good because of the energy situation and the green energy promotion in New York State. ® He said the commercial enterprises might be better regulated at the State level, and he's not: sure local regulation would hold up in the long run. These are some things the board should consider. Page 10 of 12 TB 1 1- I 0 -05 41 Atty Perkins noted that we had some citizens in the Mt Pleasant area become very vocal and organized when there was a proposal to construct commercial sized wind towers on Mt Pleasant. CI Michaels said we've had Cornell's interest in this, and he doesn't think it is going away, and he would much rather the Town decide one way or the other, and modify the zoning regulations with clarity as to whether it is an allowed use or not. He would like the Conservation Board and Planning Board to weigh in on the matter. He also said he would differentiate between commercial and residential and prioritize residential over commercial. 70 Slater said a threshold could be set and those below the threshold would be exempt. D Kwasnowski said he would distribute the model ordinance to the Conservation Board and Planning Board, Supv Trumbull said he has heard from a resident of the Mead( district that they would like the formula "equalized" and not based on Perkins said the board can use any reasonable basis to apportion the properties benefited. CI Hattery said if there were a number of people unhappy, the board could look at: calculating it on another basis, but: respond to one complaint. ) /Leisure Lane lighting assessment. Atty annual cost among the in the district who were he's not sure they should Supv Trumbull said he has reviewed the budget: for the Ithaca Area Wastewater Treatment Plant and the needs a resolution from the board in support of it. RESOLUTION #166 - SUPPORT IAWWTP BUDGET Cl Michaels offered the follou4ng resolution and asked for its adoption: RESOLVED, that the rown Board of the Town of Dryden hereby supports and approves the 2006 budget for the Ithaca Area Wastewater Treatment Plant, 2nd Cl Stelick Roll Call Vote Cl Stelick Yes Cl Christofferson Yes Supv Trumbull Yes Cl Michaels Yes Cl Hattery Yes Supv Trumbull said the board needs to certify that it has funds to pay for additional costs in the tertiary phosphorus upgrade for the wastewater treatment plant. The maximum cost is $440,000 and the Town's share is 2% of that. RESOLUTION #167 - FUNDS FOR IAWWTP PHOSPHORUS REMOVAL UPGRADE Cl Michaels offered the following resolution and asked for its adoption: RESOLVED, that the Dryden Town Board certifies that they have the funds to pay for their share of any additional costs incurred in the IAWTTP Tertiary Phosphorus removal upgrade. 2 °d C1 Stelick Roll Call Vote Cl Stelick Yes Cl Christofferson Yes Supv Trumbull Yes Cl Michaels Yes Cl Hattery Yes Pagc I I of 12 TB I1 -l0 -05 The Town still needs a roster from Varna in order to distribute the foreign fire insurance tax. Time Warner would like to meet again with town representatives on the franchise. Cl Christofferson said he had been contacted by a resident who was upset because he had been told he couldn't get cable because the Town hadn't signed a contract for a density of 20 homes per mile. Cl Christofferson and Cl Stelick will meet with them. RESOLUTION #168 - APPROVE ABSTRACT Cl Stelick offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves Abstract # 1 1. as audited, vouchers #808 through #953, totaling $749,885.87. 2,10 Supv Trumbull Roll Call Vote Cl Stelick Yes Cl Christofferson Yes Supv Trumbull Yes Cl Christofferson Yes Cl Flattery Yes C1 Christofferson asked whether the updated telecommunications tower siting ordinance was available for review, and ZO Slater said he will get in touch with our consultant. On motion made, seconded, and unanimously carried, the meeting was adjourned at 9:05 P.M. Respectfully submitted, Barnbi L. Hollenbeck Town Clerk Page 12 of 12 Name - Please Print} x MOP IlF()W" of UF=Vden Town Board Meeting November 10, 2005 Address CO l �4�ar (Epv 9() I 11-10-05 SPEAKER SIGN IN SHEET If you wish to address the Board under citizens privilege of the floor please sign in below. Speakers will be limited to a maximum of three minutes. Please provide the Clerk with a written summary of your statement. Name Address C/) [D 01) 1 (7 G ��1 • _ �� DRYDEN TOWN BOARD MEETING Thursday, November 10, 2005 at 7:00 p.m. 1) Call Meeting to Order 2) Pledge of Allegiance 3) Roll Call 4) Public Hearings Presenter 5) Agenda Item a) Clifford Smith Realty W Wilhern (plans for development of Goddard Flats near A -1 Rest.) b) Japanese Knotweed 6) Citizens Privilege 7) Towm Highway Superintendent /Department of Public Works J Bush a) Snow & lee Agreement 8) County Briefing County Repr. 9) Engineering D Putnam ] 0) Recreation Department J Dube 11) Attorney M Perkins 12) Zoning Officer H Slater 13) Environmental Plartner 14) Town Clerk 8 Hollenbeck a) Approve October 13 & 27 Minutes b) Relevy delinquent water, sewer, and engineering charges c) new dog licensing system 15) Discussion a) Dryden- Freeville Trail Recommendation b) Ellis Hollow Road Water — appropriate hinds for map, plan & report c) TC Environmental Management Counsel Rep d) Zoning Officer— Courtroom Security Contracts with Village e) Advanced Design Thoma Grant f) Egner contract g) Model wind tower ordinance 16) Approve Abstract # 11 17) Future Agenda items 18) Executive Session - if necessary