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HomeMy WebLinkAbout2009-07-15TB 7-15-2009 TOWN OF DRYDEN SPECIAL TOWN BOARD MEETING JULY 15, 2009 Present: Supervisor Mary Ann Sumner, Cl Stephen Stelick, Jr., Cl Joseph Solomon, Cl David Makar, Cl Jason Leifer Other Town Staff: Mahlon R. Perkins, Town Attorney Jeff Kirby, Telecommunications Consultant: Andy Sciarabba, Town Engineer Patricia C. Millard, Deputy Town Clerk Supv Sumner opened the meeting at: 6:05 p.m. and board members and guests participated in the pledge of allegiance. A few words were said and a moment of silence was held in honor of Barbara Caldwell, who passed away this week. Barbara was the current chair of the Planning Board, and had served the Town of Dryden in that capacity for 37 years. She brought Zoning to Dryden and helped shape it during that time. She was an incredible example of a public servant. She will be missed. Request for Town of Dryden Noise Ordinance Rich Sheiman - President, Clarity Consulting, Inc., Ellis Hollow Road Resident Prom email to M Robertson, County Legislator: "Dominion Transmission, Inc., operates the Borger Station in Ellis Hollow - a natural gas compression plant. Dominion is now seeking approvals for a major expansion of the facility. The facility is located in a residential neighborhood in the heart of the Ellis Hollow Community. We do not believe that Dominion has adequately considered how the Borger Station is impacting our neighborhood." Mr. Sheiman read a prepared statement asking for some redress from the current noise level at Dominion, the future noise level as a result of the expansion, and future possible problems that may come up regarding Gas Drilling. A noise ordinance may help with the upcoming situation as well as alleviate the hardship of current residents. Mr. Sheiman gave the Board a copy of Dominions noise study. Due to the lack of legislation in effect in the area, the only recourse for the residents in this area is for the Town to enact and enforce a noise ordinance. Cl Solomon arrived at 6:1.3. The Board asked questions of Mr. Sheiman regarding how often the blow downs happen. Cl Leifer is going to arrange a meeting with Mr. Sheiman to get: more information and see what steps the Town may be able to take to help. SPECIAL USE PERMIT APPLICATION OF AT &T MOBILITY TO CONSTRUCT A 140' TELECOMMUNICATION TOWER AT 14 FARVIEW DRIVE The Public Meeting was closed at the July 8, 2009, meeting. Applicants were informed at that: meeting that: further discussion would take place at tonight's meeting. Cl Stelick has questions about the placement of the tower. Why place, it where you want to? initially, this project was about taking care of TC3. By placing that tower where you are, right in the area of several houses, w =hat is wrong with bringing it down the hill? You're trying Page I of 16 1 01 TB 7 -15 -2009 to hit the main campus and the dorms. If i1, is brought down 11he hill, it still cakes care of campus, and it's further away from the horizon. Jim Woodward - In the initial discussions with TC3, they requested it be placed them. First, to have it away from the water tank_ Any facility thall they may have had or have between the water tank itself acid the onmpus, that aTca is wet in comparison to up the road. They also }wanted il: far enough away from the campus so that it doesn't affect their day to day operations. D Migliaccio - TILere are also wa ter lines between the water tcla k turd thc: varnpus and they couldn't put them directly over the water linos- Cl Ste] ick - were there w.rne locations you d1dn'1: check because TC`.:3 had a location in mind? C1 Mekar - Like North of Mahar Drive so that il:'s not as high on the ridEe line - West of Panther Drive_ D Migliaccio - In this area (near water tower), there is a terrain drop_ With the addition of the water lines in that area, and with leaving the possibility for future expansion, in ordt;r to keep the tower neekr their other facilities, were all factors for putting the tower in the spot picked_ Also, in order to meet the requirement for future co- locatom, gutting a little up this hill gained more ground elevation which snakes it more attractive to other carriers that; may come along an want to co- locate instead of building a separate tower on their own_ Yot5, TC3 wants to service TC 3, bui: AT&T wants to also service Routes 13 and the surrounding area_ 5y moving up the hill, line of site overshoats Route 13 so that it isn't covered 4y the new tower. This tower location CUVCrs in- building for TC3 and the Village and Route 13_ The area hero is very hilly- There are a lot of terrain issue_ J Woodward - While we came here at TC3s request, the decision to put up :i tower was mndc not only to serve them but also to help rersolvC customer complaints in the area, Cl telick commc_ntcd that originally this was a T 3 project and nr)LV it's became bigger than that. With resident concerns, we need to make sure we're making the right decision. D Migliaccio - if Chri COW was taken down now, you're going to see a drop in. covE�ragc in the Village and the area surrounding TC3_ By implementing the tower as we %re proposed, TC3 is mCCCing if.s goals and AT&T is able to provide better coverage to the sur ding area., including route .1.3. Wu%rc: res;c:ivr_d many complaints about the Route 13 area bet ween Cortland and Dryden regarding dropped calls, lost signal, etc. We're hoping to service our exik4ting customers in the area better as well as TC3. Discu%&ion of various propagation maps in the application, upv Sumner - Is the neighborhood's problem seeing the tower above the trees? Undrr!tarkd Yha.l: if yryu pH1: i1; below (fie tree, iC. doC Sri 'L L4crrk_ Cl S teliCk — AT&T hasn't come to u r> looking to put a tower in.. If TC3 was not in this etluation, you could have located on any of these other towers and taken care of the Route 13 issue. It would not have taken care of the T3 issue_ Correct:? Jim Woodward - Not anymore. It would not have taken care of the Village and at this point, it won't take care of F2outc 13. l:arting in 2()09, it's all about data, it's not about voice to voice, its all about. data ! 1"aming. When customer complaints come in, they're in reference to data service- in the bigger metropolitan areas, we have the coveragt._ People: want the coverage and expect it in the more rural areas now too_ If we were only covering cell phones in cars, that would be true, but with the nre_rl 110 Cower data services, this tower in this Ioca.tion is what is needed. 8upv Sumner - What frequcnc,y does the tower cover? Jim Woodward - 850 for voice and 1900 for data. Page 2 of 16 J Kirby as] was done at 1900, surrounding area, 1900 MHz only, it band- TB 7 -1 5-2009 :ed why the propagation study wasn't done at 850? The study we were given If in addition to campus coverage, your intent is to provide benefit' to the you're proposiin to use dual -band alntennus, all of the RV inforination is would appear. There is rko explanation of what is going on with the 850 J Woodward - unable to comment an the RF question, Where 3G used to be a perk, it's now expected part of the service, Cell phones aren't being used just in ears anymore. They're being used at home more than on the go and as a primary mc;�rks of calrinnurniCdtion- D Migliaccio- and do right from your phone, now vwi11h 3G where you people aren't opening have internet, email, whatever you want to their laptops - they're going to the phones. C~1 Makar asked what's the plan was for covering the dell phone voice only - the white spats on the rrkap. J Woodward - We '11 be back- 1i;'is all driven by customer complaints, R1Uht now, we know there are some problems between here and 81 through Greek Peak and on Route 13 going towards Ithaca- Once this tower is online, well be able to see where the holes are and see where our next towers should go. Most times, we aren't able to put up a temporary tower, Propagation m:�ps can only tell you so much. The COW has allowed us to show you in real -time vwhnt. the coverage is going to be upv Sumner referred to Jeff irby's letter dated June 171". In it, he asked about 850 frequency maps- Since that is not whin'', TC3 was focusing on, that 3s not what studies were done for. is that right? J Woodward - Yes, and the 8501 is a bonus. 40 J Kirby - The 850 will carry further thus the 1900. Regarding the comment an height issue Cl Stelick started ►crith - the proposed site, is 25 feet up the hill and the proposed tower is 30 feet taller than the existing C:0W giving you a 55 foot height; difference - One thing I see from 1: }kc, coverage map is that there is no appre:oiable difference in coverage bet } +een those two. Secondly, T understand that the reason for the additional height is to provide provisions Cur 3 future ca- locators, which is Crown's objective to make it more }riable as a ren01 property; the local law requires . The local law also requires the height be no more than the minimum necessary to provide what their objective is- They're receiving a 50% increase in height over the existing CHOW 0 n not really because of a real difference in service- It's really for the commercial purpose of future leasing Of ;xpac_e that the Town has no way, of knowing whether that is eerily going to happen or not. And ATMs' waro:s to be on top because they're working on the �xpplicotion rind bearing a lot of the up front costs. The way vwe've handled l.his prtwiously, for exainple with the NYS E O property, wwhere they put up an 80' trionopole for Sprint and then Verizon carne along with an extension because they needed more height: and they could get underneath- 1 rc_alize that, a future extension is more expensive than doing it id at once, but that's another option the board may want to cOnsidcCr in ter m" of mitigating ilhis height issue which is really ticd to the visual impact on the residences along Livermore Road, primarily, People on the other side of Route 13 aren't going to notice that much of a difference' or cAlscwhcre in the 'Gown- it's going to be those people that are close or driving up and down those roads more frequently. Cl Stelick asked J Kirby how many towers nil the town are actually being; used for ca- locations. J Kirby - almost every one of our co- locations sites has mare than one carrier on it, Not all of r.he- Ivailahlc spots are full, but I don't know how many empty spots there are at this momeint. Only recently has this idea of providing for future Cxilc:nsion beer, tha ugh t of as a good way to go. There is minima. visual impact from the initial insl'All'd.tiCon and then if there is a need by somebodv else to make it taller, you've already got a yitrd stick to measure it by- TB 7-15-2009 C~1 Stelick - it TC3 wasri1 looking to do what they y7m doing, is this location a key location to providing se-rviCC to the arca? / J Kirby - because there are 3 other towers irk the area that are within, 3/4 of a mile of that location that art•= higher up on the terrai.n- All 3 of those are visible from many miles away, Those locations were initially picked because they are high spots and they could provide general coverage i10 a broad aroa of the town. They're not nc�cessarily ideal for targeting a. specific need like a carnpus that has grown tremendously in the last couple decades, like TC3 campus. Cl Leifer - Comparing t1ku maps, TC3 is the only noticeable change in coverage. 1 Stelick - by taking care of TC3, lowering the tower a little. we can address the concerns of re sidents and lower tlje visual impact and AT s'C still has their objective accomplished. This doesn't seem to be a key co- location spat. J Kirby - The cr wn 'rower currently has 4 carriers on ii.. The Simms Hill Read Tower has AT&T and T- Mobile on it. The [aunty Tower is the 3rd one and I'm not aware of any comme=rcial instEdlation on that one, although they're trying k) get one. I'm not quite sure one of the current U rants on the Crown or Simms !sill Towers would be interested in relocating or dotting up a second site so close, D Migliaccio - Their voire coverage is fine- Going to the other Frequency for the data, they're going to be in the same boat- If we could use that other tower, we would- Cl Leifer - Couldn't you contractually - i F someone else comes along and wants to co- locate - rnoke it so that you retain top spat even iF the fovwer is increased in 1-i6ght later? J Woodward -That isn't possible- You're running 12 lines of an inch and five- eighths coax cable from the antennas down- Everything has to be specifically set. If you increase the height of the tower, you have to run all rkeW coax. The cost wouldn`t be worth it, YaU would have i'o take the site off the :sir to duo this as well and then you urould lose coverage- It's not feasible to wrap M or 30' of coax at the bottorn of the tower in hopf:s that someday they can go uP 1 h+lakar - As long as the tovw�r is constructed f engineered sn that it can be added to later. J Woodward - Studies have shown that a 140' foot tower built initially and added to later v th more antennas is much less obtrusive than starting off with a 100' tower and raising it up later. It's l.i;ke pow[�r lines- They're a necessary part of life. When a new power line goes through, yes, it's something new. But 'your eye gets used to it. In a . very short mount of time, they get used to it, a were requested to have additional flow sims- upv Sumner - I thought these were pretty good evidence of the same kind of thing we noticed at Sapsucker � that the closer you get, the less visible it Is because of the triangulation of the trees and the height, Cl Stelick - the biggest thing I vranted to bring up is the fact that i remember when this was first brought to us, it more a bout 'I'C'3 and less about AT&T's commercial benefits and it seems thai we've taken the arrow from TC3 and it's going more towards AT&T. They're getting more benerit it sutarns now- If TC3 students want this excellent coverage, they have to go with AT &T for their plione service. J Woodward - That won't be true for long. Supv Sumner - So the advantage to AMT i P> hotter oustorner service, at least in the data The advantage to Crown is three (3) passible co- locators (ill addition to AT &T ). J Woodward - The Viilage is going to benel;l'r frorn the increased data coverage - Discussion regarding maps. Many of the maps are pmposcd coverage, not actual coverage. There was some confusion as to which is which. The COW propagation map is actual information - The other snaps are extrapolated computer data -riot real -tune information. Supv Sumner — The neig+hbor's concern might be satisfied by ahortening the tower or moving it a bit down the hill. Shortening it might be the easier solution. Cl Stelick - Asked If J Kirby had everything from them he needs? FIe does not- ""5 Kirby - No ncvw information bcer� re dived sines chose letters were sent out with the exception Of the packet that was handed out at last rnonth's meeting. I raised spine questions or issues regarding the content of the major application book- 'age 4 of 1 TB 7 -15 -2009 Supv Sumner went over the points from J Kirhy's May 271J) and June 16U, letters. The items in these letters haven't been fully addressed. J Kirby - The height justification was explained at the June hoard meeting - it was to accommodate the future co- locators with AT&T on the top. Supv Sumner - Revised plans incorporating the property setback? D Mighaccio - We indicated at the last meeting that we would move the tower furthcsr back in the compound to meet the setback. That will be indicated on the final stamped drawings we send over to Henry. Some information was given with the packets given out at the June meeting. There were additional maps and verbal information. J Kirby -,There is some basic information we still need to know - like the power level of antennas - that was never submitted for record; i.e. the direction /pattenl of the antennas, the radius of intended coverage. My comment is basically a response to: Does the application comply with the requirements of the local law? Not necessarily is there anything wrong with what was submitted? I'm just pointing out those things that either don't comply or wasn't provided. Supv Sumner: Board members reviewed the SEAR Visual EAF form submitted (K2) with the AT &T application. Some changes were made. Page 1, #1: some items, 5+ didn't seem appropriate - but Not Applicable isn't an option. Inter- county foot: trail - need to check A site, area, lake, reservoir or highway - No County road? North Road '/4 - '/a State road? Routes 13, 392, 38 - '/4 - '/2 #3, Yes Page 2, #4: Commercial - ' 1 mile; Other: Educational - * '/4 mile #5, * `/d Yes (towers are closer) #6: Need a better traffic count for Route 13 and Livermore Road for the EAR. 75 cars annually does not seem accurate. #7: Activity, At a residence: Daily Board members reviewed SEQR Part 1 submitted (K 1) with the AT &T application. Some changes were made. Page 2 - correct naive of owner - Tompkins County OR Tompkins Cortland Community College. Not Tompkins County Community College. TAX ROLLS SHOW TC3 COMMUNITY COLLEGE AS THE OWNER OF THIS PARCEL 37. -1 -8.2 Page 3 - # 1, Forest and Other: Educational #2, .23 is actual acreage of leased portion. Need to check this .737 acres number. Also, the area is PRESENTLY Forested and will be Unvegetated AFTER COMPLETION. #41, Need to know depth to bedrock #5, 10 -15 %, 100% Page 4 - #1.1, list source of information - i.e. consulted DEC Page 5 - Bla: Project sponsor acreage should not be full parcel acreage - .23 Blb -.23 Bl.i - 140? height, 12 feet width, 20 feet length Blj - 100 feet 2 - grading plan shows about 200 cubic yards plus the foundation being removed 3 - Need to look at this answer in light of changing #2. 4 -.23 Page 6 - # of jobs created during construction - This is really none? Page 8 - 925, Only Yes should be checked on first item. And only no on Other Local Agencies, Page 5 of 16 TB 7 -15 -2009 Page 9 - #7 Education, residential Board members reviewed SEQR Part 2. Page 11, #1 Yes Small to Moderate Potential Large Impact Small to Moderate Can't answer 41h- need to know depth of bedrock Small to Moderate Small to Moderate Page 12 Small to Moderate Small to Moderate Other Impacts: NA #2, No #3, No #4, No Page 13, #5, No Page 14, #6, No #7, No #8, Need answer about endangered species first: Page 15, #9, Need answer about endangered species first #10, No Page 16, # 11, Yes Small to Moderate Small to Moderate ® Small to Moderate #121 No, but need a letter from Schickel (AT&T indicated they have it and will supply it) Page 17, # 13, No #14, No Page 18, # 15, No # 16, No #17, No Page 19, # 18, No #197 Yes Small to Moderate Small to Moderate Small to Moderate Small to Moderate Small to Moderate Small to Moderate Page 19, # 19 continued Small to Moderate Small to Moderate Small to Moderate Under Other: Aesthetics, Small to Moderate Page 20, #20, No Part: 3 will not be needed There isn't enough information to finalize the SEQR process this evening. Supv Sumner will send an email with the remaining questions for AT&T within the week. • Page 6 of 16 T3 7 -15 -2009 Gas Drilling sGEIS discussion and resolution Martin Hatch - Planning Board member and Town resident - Should landowners who lease their lands be held partially responsible for contaminating ot:hcrs' properties if that should happen? These leases allow gas drilling on their land that drill horizontally on to other properties. There is nothing in here that says neighbors have to be good neighbors. There are so many private wells in the Town. We need to protect them. Supv Sumner - we're trying to help guide how the state is going to create this process. RESOLUTION NO. 125 of 2009 - TOWN OF DRYDEN COMMENT ON ITEMS NOT ADDRESSED IN THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION FINAL SCOPE FOR DRAFT SUPPLEMENTAL GENERIC ENVIRONMENTAL IMPACT STATEMENT (dSGEIS) ON THE OIL, GAS, AND SOLUTION MINING REGULATORY PROGRAM FOR THE MARCELLUS SHALE MOVED by Cl Leifer, seconded by Cl Makar. WHEREAS, ultimately we need to develop capacity to deliver safer, cleaner, and fully renewable energy sources, and WHEREAS, compared to other fossil fuels, natural gas is a relatively clean, relatively low- impact source of energy that is being used to replace the use of coal and other fuels that emit more greenhouse gases during a transition to a more sustainable energy future, and WHEREAS, full development of New York State natural gas resources may only meet energy needs for a limited period of time that will be measured in years or decades, yet environmental damage could be permanent, and WHEREAS, if done in an environmentally responsible manner, development: of the gas resources of Upstate New York could be of great: economic benefit to landowners, municipalities, and New York State, and WHEREAS, there has been gas drilling in New York State for more than 1.00 years in deposits that can be recovered by conventional means, but recent: advancements in technology and increases in the price of energy have now made the extensive natural gas reserve in the Marcellus Shale potentially recoverablc;, and WHEREAS, gas production from the Marcellus Shale is expected to be done using horizontal hydraulic fracturing ("fracking'j, a technique that requires pressurized injection of millions of gallons of water containing certain proprietary chemicals into the underground shale to release the gas, but the sweeping 2005 Energy Policy Act exempted hydro - (racking from monitoring and regulation under the Safe Drinking Water Act, and WHEREAS, during the summer of 2008, Governor Paterson directed the New York State Department of )'environmental Conservation ( NYSDFC) to supplement the existing 1.992 Generic Environmental impact Statement governing drilling to specifically address the specific techniques used to tap the natural gas in the Marcellus Shale, and WHEREAS, on February 6, 2009, the NYSDEC Division of Mineral Resources, Bureau of Oil and Gas Regulation, released the final Scope for Draft Supplemental Generic Environmental impact Statement (dSGEIS) on the Oil, Gas, and Solution Mining Regula.tonj Program: Well Permit Page 7 of 16 TB 7 -15 -2009 Issuance for Horizontal Drilling and High - Volume Hydraulic Frricturing to Deuelop the Marcellus Shale and Other Loin - Permeability Gas Reseruoirs, and WHEREAS, the Final Scope for the dSGEIS notes inspection and enforcement staffing concerns related to fracking as well as public disclosure of (racking fluids as topics not included in the Final Scope (Section 8.0), and WHEREAS, adequate staffing and enforcement are essential to ensure each aspect of (racking regulation is adhered to, and WHEREAS, the current State budget crisis may inhibit NYSDEC's inspection and enforcement ability, and WHEREAS, the Town of Dryden has a responsibility to preserve and protect our natural resources, water resources, highway infrastructure, and quality of life for our residents, now therefore be it RESOLVED, that the Dryden Town Board recommends that New York State incorporate the following requests into t:he dSGEIS process: That. New York State calculate how many inspectors and staff will be needed to adequately oversee all subject operations related to the (racking process, That permitting for gas drilling be delayed until New York State has in place an adequately funded as well as staffed inspection and enforcement program, That the comment period following promulgation of the dSGEIS be extended to at least ninety (90) days, That DEC should require baseline measurement of water quality prior to drilling activities, That, since adequate regulation and oversight by the New York State Department: of Conservation will cost significant State and local funds, New York State should enact a severance tax and adequate permit fees on gas drilling companies to pay the costs of such regulation and oversight by the Department of Conservation and local officials, and pay for training of local emergency response personnel, That New York State require that all substances intended to be introduced into wells be identified and the information be made public, with special notification to local emergency response personnel and health care providers, before use of such chemicals is permitted, That because local municipalities are responsible for regulating most land use within their jurisdiction, including industrial uses, that: the public would be best served by authorizing local municipalities to regulate the construction and placement of gas drilling facilities through the special use permitting process, That in order to protect the health, safety, and welfare of the public, local municipalities be granted the authority to temporarily suspend drilling activities at a site, independent of DEC approval, if violations of storm water runoff or groundwater protection laws are found by local inspection officials, 0 That persons and firms engaged in drilling should be required to guarantee residents access to potable water in the event of an incident that contaminates private or public wells by posting a bond or capitalizing a recovery fund with sufficient resources to provide immediate Page 8 of 16 r>3 7 -15 -2009 and permanent; relief to affected communities including but not limited to paying the legal and infrastructure costs associates] with restoring private water supplies or creating and corkstructing municipal walcr districts, RESOI�VED, further, That a cope of this resolution shall be eent to GOVeTnOr Paterson, Senators Skelos, Malcolm Smith, Winner, Seward, and Nozzolio, Speaker Silver, Assemblywoman Lifton, Chair of Senate Corr trnittee on Environmental Con servation Ma.rceIIino, Chair of Assembly Committee on Environmental Conservation Sweeney, Attorney General Cuomo, Representatives DicGette, Salazar, and Hinchey, Senators Schurner and Ci.11ibrand, Congressman Arcuri, New York State Association of Towns and Municipal Officials and Clerks. SEQR ACTION; TYPE 11 -20 Roll Call Vote Cl Stelick Yes Cl Salomon Yes Supv Sumner Yes Cl Ma-kar Yes Cl [.,eifer y(;s SPECIAL USE PERMIT APPLICATION AUTOWORKS AMENDMENT TO CONDITION 06 OF OCT 25, 2005, PERMIT TO ALLOW UP TO 50 VEHICLES AS OPPOSED TO 10 AT 1278 DRYDEN ROAD Dan Kwasnowfs ki and Henry Slater reloy0 their opinion to Supv Sumner that they felt a limit on the number of vehicles doesn't make sense in this instance. The limit shoxtld instead be that cars present are registered and :are parked on the paved surfacc_ The Board agreed, The Board members reviewed the E Q R Short EAR' Fart 1 and filled out Part ll_ RESOLUTION #126 - NEG SEAR DEC - AUTOWORKS SPECIAL USE PERMrr AMENDMENT TO CONDITION #6 OF OCTOBER 25, 2005 Cl Makar offered the following resolution and asked for its adoption; HEREAS, A. The proposed action involves consideration of the application of Autoworks to amend Special Else Permit prior approval of condition #5 on October 25, 2005, to change the limit of cars allowed at 1278 Dryden Road. R, The proposed action is an Unlisted Action for which the Town Board of the Town of Dryden is the lead agency for the purposes of unc_oordinatc d environmental r7evieW in can nection with approval by the Town - C, The Town Board of the Town of Dryden, in performing the lead agency function for its independent and uncoordinated environmental review in accordance with Article 8 of the New York Mate )environmental on!,;erva.kiOn IAw - the Skate Zrovirori mental Quality Review Act "(SEQRI, (i) thoroughly reviewed the Short Environmental Assessment Form (the 'short EAF ° ), Part 1, and any and all other documents prepared and submitted with respect to this proposed a0t'inn And its crtuironrncnl'al rC:vi(`w, (ii) thoroughly analyzed I'hc potential Tek,vant ama,s of environmental concern to determine if the proposed action may have a. significant adverse Page's o €16 TB 7-15-2009 impact on the environment, including the criteria identified in 6 NYCRR §617.7(c), and (iii) completed the short EAF, fart 11; NOW, THEREFORE, BE iT RESOLVED AS FOLLOWS: 1. The Town Board of the Town of Dryden, based upon (i) its thorough review of the short EAF, Part I, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, (ii) its thorough review of the potential relevant areas of environmental concern to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR §617.7(c), and (iii) its completion of the short P AF, Part 11, including the findings noted thereon (which findings are incorporated herein as if set forth at length), hereby makes a negative determination of environmental significance ( "Negative Declaration") in accordance with SEAR for the above referenced proposed action, and determines that neither a full Environmental Assessment Form, nor an Environmental Impact Statement %vill be required, and 2. The Responsible Officer of the Town Board of the Town of Dryden is hereby authorized and directed to complete and sign as required the determination of significance, confirming the foregoing Negative Declaration, which fully completed and signed short EAF and determination of significance shall be incorporated by reference in this Resolution. 2n(i Cl Solomon Roll Call Vote Cl Stelick Yes C1 Solomon Yes Supv Surriner Yes Cl Makar Yes Cl Leifer Yes The Town Board filled out the Special Permit Worksheet supplied by ZO Slater. RESOLUTION #127 - AMEND CONDITION #6 OF AUTOWORKS SPECIAL USE PERMIT Supv Sumner offered the following resolution and asked for its adoption: RESOLVED, the Town board of the Town of Dryden hereby amends condition #6 of Autowvorks Special Use Permit approval of October 25, 2005, as follows: All vehicles shall be stored and parked on a concrete or other paved impermeable surface. No unregistered vehicles shall be stored outdoors. 21id C1 Makar Roll Call Vote Cl Stelick Yes C1 Solomon Yes Supv Sumner Yes Cl Makar Yes Cl Leifer Yes RESOLUTION #128 - APPROVE VOUCHERS FOR PAYMENT Supv Sumner offered the following resolution and asked for its adoption: Approve payment for vouchers #691 to 4693 in the amount of $2850. 211d CI Stelick Page 10 o f 16 Roll Call Vote Cl Steliuk yes C[ Solomon Yes upv Surnner Yes Cl makar Yep Cl Fifer Yes TB 7 -1 5 -2{09 12E.SOLUTION #129 - CREDIT CARD BORROWIEWS RESOLUTION Supv Sumner offered the following resolution and asked for ii's adoption: RESOLV61), 1. Thee (own supervisor is �aahorized to sign an ,ppli 'atio, for a credit card to be issued to the Town of Dryden on such form as the issuer of Chc: credit card may require, and with such terms, provisions, conditions and authorized users as may be cu l:nmary, usual and corIvcnient for the issuer and the town- . The town clerk shall prepare a certified copy of this resolution anti shall certify to the issuer the c4ignairures and term of office of the authorized users. . The authori=d users shall be the Town upervisor, Town Clerk, and Deputy Town Clerk. 2131' Cl Solomon Rau Call Voin Cl Stelick Yezi Cl Solomon Yes Supv Sumner Yes Cl Makar Yes Cl Leifer Yes RESOLUTION # 13 0 - XNTR.ODUCE LOCAL LAW FOR PARTIAL PROPERTY TAX EXEMP'T`ION FOR CAPITAL IMPROVEMENTS TO RESIDENTIAL BUILDINCYS C1 Leifer offered tfk4; following re solution and asked for its adoption: RESOLVE, D, that this Town Board hereby introduces the following local law and sets the public bearing on the sane for August 1.2, 20 10, et 7.00 p_m - Vocal Law No, 1 _ pindingS_ of the Year 2009. The Town of Dtvden finds and declares that- a) The promotion of home improvements will have a positive impact on the quality of the Town's housing stock; b) Promoting the improvement of the Town's housing stork will maintain and create jobs within the 'I'ou,., of L7ryden; {rj [t is in the best interests of the Town to encourage homµowners to maintain and improve their homes; Page I 1 of 16 TB 7 -15 -2009 (�J Horne improvements can improve the erreW efficiency of tt..le 'ro;Xrn's housing stock; and e) Improving the energy efficiency of the Town's housing stock will have a positive ergonomic hnpact on household incomes and strengthen the local economy. 2. LejZislatiVC ITIb2nt_ 'Ch(., irk tent of this local law is to authorize, pursuant to Real Property Tax Law 421 -f, a partial exemption from taxation for capital improvements in residential buildings within the Town of Dryden. . Definition, For the purposes of this local law, a residential building shall mean any building or structure designed and occupied exclusively for residential purposes by not more that two families. 4_ Exemption_ a) Residential buildings reconstructed, altered or improved subsequent to the effective, date or this local law shall be exempt from taxation and special ad valorein levies to the extent provided herein_ b) Such buildings shall be exempt for a period of one year to the extent or one hundred per centum of the increase in assessed value thereof attributable to such reconstruction, alteration ter improvemeni; and for an ;Wdit'ional period of isseven years subject to the following: [iJ The extent of such half per ccntum c additional periodr assessed value as exemption, except f[2) (a)(ii). exemption shall be decreased by twelve and one- if the "c:xcmpLion base" each scar (luring sash The *exemption base" shall be the increase in determined in the initial year of the term of the as provided in Real Property Tax Law 42J- Such exemption shall be limited to 69tity thousand dollars in inr:n_xu ~d market value_ c) No such exemption shall he granted for reconstruction, alterations or I mprovements unless; Such reconstruction, alteration or improvernent oche (= ()M menced subsequent to the effective date of this local law; and The value of such reconstruction, alteration or impmvemc_nt exceeds three thousand dollars; and (ill The greater portion, as determined by square footage of the building reconstructed, altered or improved is at least five years cold. J) For purposes of this local law the terms reconstruction, :Iteration or I mprovement shall not include ordinary maintenance and rcpoirs_ Page 12 of 16 T13 7 -15 -2009 e) The exemption shall not be granted for swimming pools, detached garages or other accessory detached structures. 5. Application. Such exemption shall be granted only upon application by the owner of such building on a form prescribed by the State Board. The application shall be filed with the Tompkins County Department of Assessment. 6. Cessation: Transfer of Title. In the event a building granted an exemption pursuant to this local law ceases to be used primarily for residential purposes or title thereto is transferred to other that the heirs or distributees of the owner, the exemption granted pursuant to this local law shall cease. 7. Additional Filing. Alter the filing of this local laws with the Secretary of State, a copy certified by the Town Clerk shall also be filed with the Tompkins County Department of Assessment, and the State Board. 8. Effective Date. This local law shall take effect upon filing with the Secretary of State. 2nd Supv Sumner Roll Call Vote Cl Stel.ick Yes Cl Solomon Yes Supv Sumner Yes Cl Makar Yes Cl Leifer Yes Discussion of August 12th agenda Supv Sumner requested Atty Perkins draft a Local Law for an extension to the COW permit to the end of the year to be introduced at: the August meeting, per the client's request for an extension pending the outcome of their Special Use Permit: application. Bolton Point bonding update - Atty Perkins Atty Perkins updated the board. The final obligation resulting from a lawsuit that was settled was higher than anticipated. The difference needed to fulfill this obligation is to be raised in the form of a bond. Due to the nature of the obligation, a public hearing is not required. However, the Town Board may still order a public hearing if they wish. In either case, a resolution to approve the bond will be needed. The Board felt: it. was in the public's interest to hold a. public hearing. It will be set for the August meeting. RESOLUTION # 131 - ORDER PUBLIC HEARING ON BOLTON POINT BONDS Supv Sumner offered the following resolution and asked for it:s adoption: Pale 13 of l6 In the Matter of The Joint increase and Improvement uC ffiC H� irllltI of Water District No. 1, Snyder Hill Water District, Monkey Run Water Di%trici;, Hall Road Water District, Turkey Hill Water District, and Royal Road Waticr District in i1fic Town of Dryden, Tompkins County, New York ORDER CALLING PUBLIC HEARING TB 7 -15 -2009 HEREA S, the Town Board of the To)Am of Dryden, Tompkins County, New York, in conjunction with the Villages of Lansing and Cayuga Heights, and the Towns of Lansing and Ithaca, has determined and agreed to participate in I:hc} provision of a joint water project for a new road at Bolton Point in the Village of Lansing and w contract joint indebtedness therefor in accordance with Section 15.00 of the Local Finance Law pursuant to a Stipulation and Settlement Agreement in %otlement of the matter of Crossmore v. Town of Ithaca, Tolam of Lansing, Tovvn of Dryden. Village} of Lansing, Village of Cayuga HeigYts and Southern Cayuga Lakri Intermunicinal Water Commission, Index No. 04 -0752, Supreme Court, County of isTompkins; and WHIP,�RPA , the Town Board of the Town of Dryden, Tompkins County, New York has under consideration for said purpose the joint increase and improvement of the facilities of Water District loo_ 1, Snyder HiII Water Oistri.ct, onkey Run Water District, Hall road Water District, Turkey Mill Water District, aTId Royal Road Water District in and for said 'Town consisting of (i) thrL reconstruction of the existing road; and (ii} construction of a new extension thereto at Balton Point: to be known as Bolton Road: and WHEREA , a map, plan imd report including an estimate of cost, relating to said joint increase and improvement of Facilities has bc}en duly prepared; and WHEREAS, the maximum estimated cosi; to said Dis(ricts of such joint increaqe and improvement to be bonded is determined to be $27,975, it being further determined that the rcrrkaining $722,025 of the overall $750.000 costs of this projc,Fct to be bonded shall be ,pportionrd and allocated to the 1Jill age s of L.aiiLNing and Cayuga Heigh [5 and the Consohdated Water District in the Token of Lmasing and a water improvement area in the Town of Ithaca, and Page 14 of 16 Tl3 7 -15 -2009 that an additional $600,000 of reserve fund monies of the Southern Cayuga Lake Islntermunicipal Water Commission will be utilized to defray the overall proiect costs, and that the joint indebtedness to be issued is $750,000 and that the ultimate share of the costs to be allocated to the Town of Dryden shall be apportioned among the several water districts and determined on the basis of benefits received or conferred or to be received or conferred from the aforesaid improvement; and WHEREAS, the cost shall be annually apportioned and the amounts so apportioned shall be annually assessed upon all the taxable real property in each such District at the same time and in the same manner as other Town charges, in an amount sufficient: to pay said principal and interest as the same become due and payable, but if not paid from such source, all the taxable real property within said Town shall be subject to the levy of ad valorem taxes w =ithout limitation as to rate or amount sufficient to pay the principal of and interest on said bonds; and WHEREAS, said $750,000 maximum estimated cost to be bonded shall be authorized to ® be financed by the joint issuance by the Town of Ithaca, with the Towns of Lansing and Dryden and the Villages of Cayuga Heights and Lansing, of joint serial bonds with a maximum maturity not in excess of the forty -year period prescribed by the Local Finance Law; and WHEREAS, the aforesaid project has been determined to be an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, it has been determined will not result in any significant environmental effects; and WHEREAS, it is now desired to call a public hearing on said proposed joint increase and inprovement and the map, plan and report including estimate of cost pursuant to Sections 202 -a and /or 202 -b of the `I'o.vn Law; NOW, THEREFORE, BE IT follows: • ORDERED, by the Town Board of the Town of Dryden, Tompkins County, New York, as Page 15 of 16 TB 7 -15 -2009 Section 1. A meeting of the Town Board of the Town of Dryden, Tompkins County, New York, shall be held at the town hall, 93 East Main Street, in Dryden, New York, in said Town, on the 12th day of August, 2009 at 7:00 p.m., prevailing time, for the purpose of conducting a public hearing on the proposed joint increase and improvement: of the facilities of Water District No, 1, Snyder Hill Water District, Monkey Run Water District:, Hall Road Water District, Turkey Hill Water District, and Royal Road Water Districts in said Town and the map, plan and report including estimate of cost as described in the preambles hereof, at which time and place said Town Board will hear all persons interested in the subject thereof concerning the same. Section 2. The Town Clerk is hereby authorized and directed to cause a notice of said public hearing to be published once in The fthaca. Journal, official newspaper of said Town, and posted in the manner prescribed by law, which notice shall be in substantially the form attached hereto as Exhibit. A and hereby made a part thereof. Section 3. This Order shall take; effect immediately. 211i1 Cl Leifer Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes Cl Makar Yes Cl Leifer Yes No action was taken to correct the version regarding the standard conditions on the Special Use Permit resolution passed for Verizon Wireless on July 8, 2009. Per ZO Slater, the difference in conditions between the standard conditions listed in the resolution and the most recent standard conditions do not affect the Verizon Special Use Permit. As such, an amendment is not needed. There being no further business, on motion made, seconded, and unanimously carried, the meeting was adjourned at 9:45 p.m. Gi ully submitted, Patricia C. Millard Deputy Town Clerk Page 16 of 16 l) 2) Dryden Town Board Meeting 93 East Main Street Wednesday, July 15, 2009 — 6:00 PM Agenda Call fleeting to Order Pledge of Allegiance 3) Roll Call 4) 5) 7) 9) Honoring; Barbara Caldwell Dominion Gas Facility Auto Works :Special Use Permit — Discussion, SEQR, etc. ATT Special Use Permit — Discussion, SEQR, etc. Gas Drilling — dSGEIS Resolution Introduce Capital Improvement Property Tax Exemption and schedule hearing 10) Amendment to Verizon Special Use Permit to correct version of standard conditions 11) Other Topics The Next Town of Dryden Board jVfeeting tivill be held Atigust 12, 2009 at the Town .Hall osYil2009 1P:SG;15 ] . lY'i HLY EPC?.RT OF SUPERVISOR THE TOWN BOARD OF THE Town of Dryden, 6,320,78 54,871 rsuant to Section 3,25 of the Town Law, I hereby render the fallowing detailed statement of 8111 moneys received and disbursed by me during the m onth of July, 2009: }ATED% .Atigusl 10,'2009 A GENERAL F M - TCWNWYDE Balance Balance 4513012003 Inc -raases Decreases 07/31/2009 CASH - CHECMCL 6,320,78 54,871 rw.00 1980477. i2 179,2861 -�J. C_F "S H- - -_ SA_ NGS i5,512 -09 2_ CA93i - SAVIMGS 5, 331, ;)4 `B' , 08 22, 633.30 54,4,71,00 145, l3 S . 1.8 5, 208, 50-H 04 P>,TTY CASH 53 600- 00 0, 00 0,00 600-00 PZ'_'TV CASH - 1, 957 - 24 0, C'0 0-00 1, x57.24 ;92.77 CASH - CHECKINC TOTAL 5, 390, 225.10 74.305 21.1, ili,02 324.417.59 -26 5,22 , 919.53 2.11 DA HIGHWAY TOWNWIDE FUND CASH - CHECKING 54,871 rw.00 22,_55 37,152.53 0.4V C_F "S H- - -_ SA_ NGS 37,1.52,53 0 -00 2_ CASA - SAVINGS 01 �)0 CASH SAVIraG.1� 1,405, 54,4,71,00 992.77 1, 71_, 04 37, 152, 53 1,370, 611.281 455.10 i09,712,00 T0TA.L 376.891.57 �iL2- ETNA LIgHTING DISTRICT :I., 405, ;92.77 CASH - CHECKINC 39, 923.57 138 -1.1 74.305 -06 1.374,611 -26 3, 51x.33 OA GENERAL OUTSIDE FUND 2.11 188 -17 3, 329.2) C.'LSN - CHECKING 0'oo 38e493-09 38r493-09 0.00 CASH - SA',rI -�Q1.; 470,1,52,35 X6,637,23 90,284 -39 488,505.143 PE'A'TY CASH - Po5'I'FsGE 2,240 -19 0.00 0 -00 2,2 +16.14 'POTFUL I112. 3 "x8.99 97, 1,30.32 78, X17, 98 190,751.33 DH HICKWAY OUTSIDE FUND CASH - CHECKING C.40 372.944 -425 372,961.65 O.00 CAS'fl - '3A.VINGS le 269+0+12. 40 151,492 -77 372,961.65 1,047,173.52 TOTAL le269p042.40 521,054.92 7450923,30 1,087,113.52 F1- DRYDEN FIRE DISTRICT CASH - CHECFTNIG 0 -00 54,871 -00 22,_55 54,871,00 0.4V C_F "S H- - -_ SA_ NGS 4, 067.10 0 -00 2_ CASA - SAVINGS 131,513.20 239.3? 54,4,71,00 376.891 -57 +$42.29 TOTAL 431„ 13.20 $5,110.37 {J9 455.10 i09,712,00 3,942,29 376.891.57 SL1- VARNA LIGHTING DISTRICT CLiF,CKIN2 0-00 227_'v� 22,_55 0.4V C_F "S H- - -_ SA_ NGS 4, 067.10 2_ fit 217.55 3 +$42.29 TOTAL 4- rO0 -40 229. {J9 455.10 3,942,29 �iL2- ETNA LIgHTING DISTRICT CASH - CHECKINC 0.40 138 -1.1 ?88 -17 0.00 CF:: H - SAVINGS 3, 51x.33 2.11 188 -17 3, 329.2) Page 1 � N MONTHLY REPORT OF SUPERVISOR Balance Balance 06/30/2009 Increases Decreases 07/31/2009 • TOTAL 3,515.33 190.26 376.34 3,329.27 SL3- MEADOW /LEISURE LIGHTING CASH - CHECKING 0.00 188.79 188.79 0.00 CASH - SAVINGS 2,677.68 1.58 188.79 2,490.47 TOTAL 2,677.68 190.3'7 377.58 2,490.47 SM AMBULANCE DISTRICT CASH - SAVINGS 279,700.83 177.76 0.00 279,878.59 'T'OTAL 279,700.83 177.76 0.00 279,878.53 SS1- SAPSUCKER SEWER - UNITS CASH - SAVINGS 40,488.29 1,890.92 0.00 42,379.21 TOTAL 40,488.29 11890.92 0.00 42,.379.21 SS2- VARNA SEWER - UNITS CASH - CHECKING 0.00 7,962.77 7,962.77 0.00 CASH - SAVINGS 173,352.04 61404.78 7,962.77 171,794.05 TOTAL 173,352.04 14,367.55 15,925.54 171,794.05 �SS3- CORTLAND RD SEWER CASH - CHECKING 0.00 367.18 367.38 0.00 CASH - SAVINGS 201,464.51 10,486.46 367.18 211,583.79 POSTAGE 48.52 0.00 0.00 48.52 TOTAL 201,51.3.03 20,853.64 734.36 211,632.31 SS4- MONKEY RUN SEWER CASH - CHECKING 0.00 4,390.47 4,390.47 0.00 CASH - SAVINGS 204,102.58 1,392.20 4,390.47 201,104.31. TOTAL 204,102.58 5,782.67 8,780.94 201,104.31 SS5- TURKEY HILL SEWER CASH - CHFCKING CASH - SAVINGS 137,034.64 0.00 1, 315.39 2,644.20 11315.39 1,315.39 138,363.45 0.00 TOTAL 1.37,034.64 3,959.59 2,630.78 138,363.45 SS6- PEREGRINE HOLLOW SEWER CASH - CHECKING CASH - SAVINGS 95,397.88 0.00 3 +52.75 400.1.9 352.75 352.75 95,445.32 0.00 TOTAL 95,397.88 '752.94 705.50 95,445.32 �SS7- ROYAL ROAD SEWER CASH - SAVIP;GS 25,399.75 110.00 0100 25,569.75 TOTAL 25,399.75 170.00 0.00 25,569.75 Page 2 f MONTHLY REPORT ON SUPERVISOR Balance Balance 06/30/2009 Increases Decreases 07/31/2009 W1- VARNA WATER CASH - CHECKING 0.00 1,215.06 11215.06 0.00 CASH - SAVINGS 323,945.55 15,681.24 1,215.06 336,91.1.73 TOTAL 323,945.55 16,896.30 2,430.12 338,911.73 SW2- SNYDER HILL WATER CASH - CHECKING 0.00 253.68 253.68 0.00 CASH - SAVINGS 66,100.61 1,398.93 253.68 67,245.86 TOTAL 66,100.61 1,652.61 50'7.36 67,295.86 SW3- MONKEY RUN WATER CASH - CHECKING O.QO 367.72 367.72 0.00 CASH - SAVINGS 199,451.04 3,191.1.8 367.72 2021274.50 TOTAL 199,451.04 3,558.90 735.94 202,274.50 SWd- HALL ROAD WATER CASH - CHECKING 0.00 228.28 228.28 0.00 CASH - SAVINGS 32,425.50 20.46 228.28 32,217.68 TOTAL 32,425.50 248.74 456.56 32,2.17.68 SWS- TURKEY HILL WATER CASH - CHECKING � 0.00 218.76 218.76 0.00 CASH - SAVINGS 200,865.75 51728.76 2i8.76 206,375.77 TOTAL 200, 865.'155, 947.54 430' . 52 206, 375.77 SW6- ROYAL ROAD WATER CASH - CHECKING 0.00 2,18.75 218.75 0.00 CASH - SAVINGS 26,622.86 769.91 218.75 27,394.02 TOTAL 26,822.86 1,008.66 437.50 27,399.02 PN MCARTHUR SPECIAL RESERVE CHECKING - SPECIATo RESEWIES 2,922.90 0100 0.00 21922.90 TOT�tL 2,922.90 0.00 0.00 2,922.90 CD REHABILITATION LOANS AND GRANTS CASH - CHECKING 209,889.30 70.75 71313.31 202,646.74 TOTAL 209, 889.30 10.75 7, 313.31. 202, 646.74 H CAPITAL PROJECTS - TOWN HALL CASH - SAVINGS I 010.43 0.64 0.00 1,011.07 TOTAL 10010.43 0.64 0.00 10011.07 TA AGENCY FUND CASH - TRUST & AGENCY 20,897.20 1.83,243.59 183,260.07 20,880.72 Page 3 t MONTHLY REPORT OF SUPERVISOR Balance Balance 06/30/2009 Increases Decreases 07/31/2009 ® TOTAL 20,897.20 i83,243.59 183,260.07 20,880.72 CM MISC SPECIAL REVENUE /MCARTHLJR CASK - SAVINGS 22.03 0.00 0.00 22.03 TOTAL HB CORTLAND ROAD SEWER BAN CASH - SAVINGS TOTAL ALL FUNDS TOTAL 22.03 0.00 0.00 22.03 29,'796.65 0.00 0.00 24,798.65 24,798.65 0,00 0.00 24,798.65 11,195,574.23 1,177,523.14 11558,729.45 10,819,367.92 Page 4