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HomeMy WebLinkAbout2009-12- 9N 12 -9-09 TOWN OF DRYDEN . TOWN BOARD MEETING December 9, 2009 Present: Supervisor Mary Ann Sumner, Cl Stephen Stehek, Jr., CI Joseph Solomon, Cl David Makar, Cl Jason Leifer Elected Officials: Bambi 1.,, Avery, Town Clerk Jack Bush, Highway/ DPW Superintendent: Other Towq-i Staff: Mahlon 12. Perkins, 'Coven Attorney Henry Slater, Director of Building, Planning, 8; Environmental Dan Kwrasnowski, Environmental Planner Supv Sumner opened the meeting at 7:00 p.m and board members and guests participated in the pledge of allegiance. There are no public hearings. the waiver of certain Town of Dryden Program will not be held because the rescheduled for next month. PRESENTATION The public hearing on a proposed resolution regarding fees in connection with the Dryden NOME Rehabilitation notice was published in the wrong newspaper. It will be Steve Penningroth, Director of the Community Science Institute, and Dave Weinstein, President: of the Hoard of the Community= Science Institute, were present. Mr Penningroth gave a presentation on the water quality monitoring programs that are performed with volunteer groups. Currently they have groups monitoring seven watersheds. The Fall Creek Watershed group collects samples in Fall Creek and Virgil Creek. The monitoring program is dependent on volunteers, and without them there would be no program, Volunteers collect: samples along the entire length of each other. This provides a snapshot of the water quality of makes it possible to profile water quality the entire length of Creek Watershed was displayed showing the locations of the since been added). There are three sampling stations in the a stream within a few hours of the stream on a particular day and the stream. A map of the Fall 1.3 monitoring stations (one has Virgil Creek watershed. S Penningroth said the water quality in tributary streams to Cayuga Lake generally is quite good, including Fall Creek and Virgil Creek, but not perfect. The monitoring done by the Community Science institute has documented a few issues that need to be paid attention to so that: they don't develop into larger problems down the road. The volunteers collect samples at the same locations several times a year using a standard protocol, under both base flow conditions and stormwater conditions. The samples are taken to the Community Science Institute lab in Lonsing where they are analyzed for about a dozen water quality parameters, including bacteria, phosphorus, nitrogen, minerals and sediment. The results give concentrations of water quality information. This can be used to establish the average concentrations e -coh and phosphorus and other indicators at the specific locations on the strearn on base flow conditions and under stormwater conditions. A profile of the stream can then be established. Potential sources of contamination can then be identified based on rises in concentrations and investigated. Page I of 18 12-9-09 in one instance, a rise in contaminants at a collection on Davis Road was traced back ® and determined to be due to a farm on a tributary upstream that was creating a runoff of phosphorus, a -coli and nitrogen in high concentrations. Another rise in phosphorus at Freese Road is probably due to the ero&ng stream banks at Monkey Run. A third rise at Cayuga Street is suspected to be caused by urban run off. He added that all the concentrations of phosphorous at all locations monitored in Fall Creek exceed the concentration in southern Cayuga Lake. fall Creek is a. net contributor of phosphorous to Cayuga Lake, The voluntary monitoring data collected and organized by the Community Science Institute is dependable and can be used by local governments to make decisions about managing water resources. The data sets for Frill Creek extend back to 2002 and reflect water quality trends. Because: volunteers collect the samples, it is less costly than other options. The volunteer monitoring programs help Towns meet the public participation requirement: for storrnwater management. New York State agencies, realizing they don't have enough data to do everything they would like, are willing to accept data from citizen monitors as long as the quality control measures are in place. The cost is very low. The program run by Community Science Institute costs roughly $26 per data item. (The cost for information for Lake Source Cooling is about $80 per data item.) The data is put online and made available to government officials and scientists for evaluation. The Town of Dryden contributes about half the cost: of monitoring Fall Creek and Virgil Creek (about 15% of what it cost to produce the same data by a private consulting firm). Elsie Gutchess, independent historian, said she participates in monthly historian meetings with Carol Karmen, Tompkins County Historian, where historians share information and work on projects. This past: summer the group put. together a book called "Tompkins County, New York, images of Work and Play ". Appointed Historians and /or their Deputies from each municipality, together w-ith independent historians attend these tneetings. A coPy of the book was given to the Town. She said most of the towns have appropriated funds to cover the cost of the book. Unfortunately, for about the past ten years Dryden has not had an appointed historian that cared to get involved in the projects, so she frequently serves as the fall -back person for Dryden. This is about the 511' printing that she has worked on for Dryden and she said it has been a pleasure. Peter Davies, 755 Snyder Mill Road, is concerned about: the possibility of hydrofracking in the Town of Dryden. Comments can be submitted until the end of the month to the NYS Department of Environmental Conservation. He urged the Town contact DEC and urge them to throw out the current draft Supplement Generic Environmental Impact Statement and start over because of the deficiencies in the docurrent. Water is Dryden's most: valuable resource. Most of the residents in Dryden depend on wells for their water. In areas where hydrofracking has occurred, 2% to 8% of the wells have become contaminated. The dSGEiS states "Use of these sources for drinking water (referrng to wells and springs) is discouraged and should be considered only as a last resort with proper protective measures ". The water used for fracking contains many toxic chemicals, one of which is hexavalent chromium, one of the most: toxic, carcinogenic and mutagenic compounds known. It is used to prevent pipe corrosion and was the subject of an investigation by Erin Brorkovich in California. She has already detected contamination by hydrofrack_i_ng in parts of Texas. The Marcellus Shale is radioactive. The EPA has measured values of radioactivity for flog +back wager of 9,000 times the natural radiation in normal well water. The DEC in their ® document trends to regard this as non - important. Page 2 of 18 12 -9 -09 The recovered gas is rich in radon, but there is no mention of radon in the dSGEIS. According to the EPA radon is estimated to cause 21,000 deaths per year and is the second most frequent cause of lung cancer after cigarette smoking. It should be noted that dSGEIS regulations are simply suggestions. Companies will ignore suggestions in favor of profits. DEC regulations should specify "shall" rather than "should". The Dryden Town Board is urged to enact. whatever possible local ordinances to protect citizens from contamination of wells and associated industrial noise of drilling and gas compression including mandatory setbacks in all non - industrial zones, noise ordinances, and protection of critical environmental areas. The Town should insist ghat all drilling operations obey the rules of the NYS Radiation Safety Office; including disposal of all radioactive materials at US approved radioactive disposal sites. David Bravo - Cullen, 28 Lee Road, suggested that citizen appointments to various boards and commissions of the town be limited to a person serving on one board at a time for the purposes of involving as many citizens in town decision - making as possible. He understands that there are vacancies coming up for appointment tonight and there are several people interested in serving on those boards. He urged the board to appoint only people who are not currently on another board. If someone is currently serving on another board, they might resign before being appointed to another board. Ben Davis, 681 Snyder Hill Road, is concerned about: the high - volume hydraulic fracturing proposed for the Marcellus Shale. While; the s17GE1S from 1992 does allow for • hydraulic fracturing, the process being studied now for release from the iMarcellus Shale and Utica Shale has to do with high - volume usage of water. That goes beyond the 80,000 gallons per well that is allowed under the current: GEIS to actually millions of gallons used in the current process, with much more potent chemicals applied to the water. 'There will be a higher volume of wastewater to treat and try to remediate and there are no mechanisms currently in place to handle that: quantity in this part of New York State. There is no hurry for the State to move forward. There are other levels at which to drill if people choose to do so, as exhibited by the permit just approved to drill in the Trent River Black Shale. That is more porous and easier to access and doesn't require the high- volume hydraulic fracturing that Marcellus Shale does. One thing being considered for wells that go dry is to inject the wastewater back into the wells. More research needs to be done to determine whether it is ok to have those: as depositories. The DEC is not currently staffed to adequately monitor the production and processes that OCCUr during hydraulic fracturing. Broome County has suggested there could be from two to four thousand wells in their county in the next: ten years. Current staffing levels are not adequate. Length of construction frorn six to twelve wells in the Marcellus on one pad. The noise Shale will be pollution and longer because they are putting high trunk traffic will extend much longer than what is typical of other wells put in place in the past: few years. We should ask that the state pull back and think this through a little more thoroughly and watch what is happening in Pennsylvania, and proceed on a very slow basis in the is Marcellus Shale area. Page .3 of 18 12 -9 -09 is TOWN CLERK B Avery asked the board to approve the meeting minutes of November 4 and November 12, 2009_ RESOLUTION #197 - APPROVE MINTUES Cl Stelick offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the meeting minutes of November 4, 2009 and November 1.2, 2009. 211<1 Supv Sumner Roll Call Vote Cl Stelick Yes Cl Solomon Abstain Supv Sumner Yes Cl Makar Abstain Cl Leifer Yes HIGHWAY /DPW SUPERINTENDENT No report. RECREATION DEPARTMENT 0 No report:. COUNTY BRIEFING M Robertson said she agrees with everything that has been said about the Marcellus Shale tonight. There are many, many reasons the DEC's document: needs M be pulled. They should start over again. There is a group going to Albany next Friday to meet with Senators that are key on the Environmental Commission Committee and with the DEC where they will deliver the docuaients that the Council of Governments has collected. The Health & Human Services Committee and Planning Committees have passed a resolution asking that the DEC document be withdrawn. That will go to the legislature on `l`uesday. 1'he resolution states in part `There is no attempt ui the document to establish thresholds of activity that the environment could sustain without permanent damage. In the document the spacing unit is the only limiting factor on development. The New York State DEC must establish a pace and level of development that it deems the human and natural environment could tolerate rather than leaving the pace and extent of development to be determined by the industry, for example, by the number of drill rigs available." And " The only conclusion that can be drawn from the document: in its current form is that it does not comply with the SEAR requirement to evaluate the impacts of Marcellus Shale Drilling on the environment and public health, and does not propose mitigation measures that sufficiently protect: the public and the environment. to allow permitting of drilling in the Marcellus Shale to proceed. There are many flaws in the document, including failure to assess the life cycle analysis of greenhouse gas emissions from natural gas, as well as the fact that the EPA will soon begin a study of Marcellus Shale drilling and require that the entire process be re- evaluated, and a moratorium on drilling maintained indefinitely until and unless an adequate review is completed and that. the results of the EPA study be included in that review ". Page 4 of 18 12 -9 -O9 M Robertson said this is something that could change Upstate New York fundamentally and dramatically. She urged people to get educated about it. Any citizen should feel compelled and empowered t:o call or email the Governor and ask him to slow down and do this right. The Homeless and Housing Task Force recently gave a presentation on local food pantries and the food distribution networks that are available. They are seeing a huge increase in the number of people going to the pantries and Loaves and Fishes. The Department of Social Services has partnered with the Human Services Coalition, Catholic Charities, and others and received a $2,000,000 grant for 18 months to help people; with housing needs. Information was left with the Town Clerk. People needing assistance (temporary housing, help with security deposit, etc) should call 2111 ZONING DEPARTMENT ZO Slater gave an update on the Town's weatheri7,1tion program. Eighteen projects have come in and twelve have been completed. Some applicants have also received assistance from other agencies, such as the Office of the Aging and Tompkins Community Action, and some will be recipients of the `Town's HOME grant. He suggested there should a time limit: of sit months to a year in which to exercise the opportunity after receiving approval. It appears there is about $3,100 in fund balance that can be carried into next year, and he asked the board to consider additional funding for 2010. ZO Slater said this has been a program that has made a real difference in these peoples' lives. Supv Sumner thanked ZO Slater for the effort he has put into the program. She asked the Wans and (:,rants Committee to consider the request for additional funding at. their next meeting and make a recommendation in January for that and a time limit for completion of the •projects. The time frame for bringing special permit applications to the board and whether the board should receive the packets prior to scheduling a hearing was discussed. it was decided the process will not change. ZO Slater will schedule a hearing when the application is complete. He noted that lately he receives the §239(1) and (m) letter from Tompkins County Planning right at the end of their 30 -day period to respond. ZO Slater has had recent communication with the DEC regarding the Black liver gars drilling project. The Negative Declaration SEAR was distributed and the Town of Dryden received a copy. ZO Slater said he was surprised that it came out of Region 8 (Avon, New York) when the project is in Region 7. When he inquired about that, he was told it was due to staffing qualifications and all gas drilling permits are being handled by Region 8. ZO Slater, since the town is mandated to implement: stormwater management, asked whether the DEC would make it a condition of approval that the applicant conforms to the'rowtn of Dryden Stormwater Management Regulations. The response was that: they don't even require it at the state level because the EPA has exempted drilling from stormwater regulation, and they want to be consistent with the EPA. ZO Slater made it clear ghat there should be some, opportunity for local government to be involved. He was told that since the Town of Dryden is an MS4 community, there may be some way to include ghat as a condition of the permit. He has written a letter to DEC deWiling that position. ENVIRONMENTAL PLANNER D Kwasnowski said the stormwater general permit is up for renewal and he will be sending some comments out.. There are a few things that. could be changed to make it better. Page 5 of 18 12 -9 -09 The Planning Board has been working diligently for the past couple of years on creating ® a zoning local law that resembles the recommendations in the Comprehensive Plan that was adopted in 2005. The decision has been made to present it. to the public for feedback. A public meeting will be held at the Town Hall on January 26 at 7:00 p.m. He anticipates a presentation with an opportunity for group discussion on specific parts of the local law. D Kwasnowski has been working with the Town of Ithaca to apply to the Park houndat.ion for a joint rant for a sustainability coordinator. The basic idea is to hire a sustainabihty planner for a period of two to three years and look at ways for efficiency and to develop long -range planning for sustainability in the gown. This includes economic development, social issues, environmental issues, etc. These positions have been known to save municipalities many dollars. The application is due at the end of the month, and D Kwasnowski asked for a resolution authorizing the Supervisor to sign the application. Supv Sumner said she appreciates the work D Kwasnowski has done on this, and it is a very nice; application and project. RESOLUTION # 198 - AUTHORIZE APPLICATION FOR GRANT FOR SUSTAIN"ILITY COORDINATOR Supv Sumner offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby endorses the grant application to be submitted jointly by the Town of Dryden and Town of Ithaca for a sustainability coordinator and authorizes the Town Supervisor to sign the same. 2nd Cl Makar Troll Call Vote Cl Stelick Yes • Cl Solomon Yes Supv Sumner Yes Cl Makar Yes Cl Leifer Yes This would be a three -year special project position (full -tame temporary) shared with the Town of Ithaca and subject to Civil Service. There will be a local match involved. At the end of the grant: period, the Town(s) may or may not choose to continue the position. A local government efficiency grant may cover the match amount. D Kwasnowski said he has reviewed the dSCE1S for the Marcellus Shale drilling and said it is a fundamentally flawed approach. Local authority is excluded, though they describe local impacts, and there is no stage -wide analysis of how many potential wells, spacing, the amount of chemicals there can be, or the effect on the greater watersheds, not just New York City watersheds. He said he doesn't know whether they can actually pull back at this point. They may have to complete the EIS. They could extend it to take those things into account, or they could change what actions they take and re- think local authority based on the comments received. D Kwasnowski met with rnernbers of the Conservation Board, Charlie Smith and Bard Prentiss, looking at creation of critical environmental areas in the town. They have come up with an approach and he anticipates the hoard will receive something toward the end of January. Ed Marx of Tompkins County Planning has asked the Town for a letter supporting its application for funding to launch its Property Assessed Clean Energy (PACE) Prograrri. This ® program would allow property owners in Tompkins County to borrow money to make energy efficiency improvements or install renewable energy systems in their buildings. The program Page 6 of 18 12 -9 -Dy would allow people to make energy efficiency programs to their homes and instead of worrying ® about the payback period just over the time that they own the house, they will be able to pay it back through their property taxes_ If the property is sold before, the end of the repayment period, the new owner inherits both the repayment obligation and the financed improvements. The program would start with a two -year grant and they expect to finance 250 loans in the first year. In the second year, with staff hired under the grant, they expect to work with the County Legislature to use its municipal bonding authority to allow for 23,000 housing units to make energy efficiency upgrades or install renewable energy systems over the next 25 years. Cl Makar said it's a good program. The Town of Babylon and the City of Binghamton have both already received funding and are allowed to do this now. This would be a county - wide program. RESOLUTION #199 - AUTHORIZE LETTER OF SUPPORT FOR TOMPKINS COUNTY PACE PROGRAM Cl Makar offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the Town Supervisor to sign and submit a letter in support of Tompkins Country Planning's application for funding for a Property Assessed Clean Energy Program. 2 ^d Supv Sumner Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes Cl Maker Yes Cl Leifer Yes D Kwasnowski announced there is a well- drilling (water) project starting on the Jim Schug Trail in the right: -of -way near Keith Lane. There wrill be equipment in place for a few days, but: people will still be able to use the trail. ZO Slater read tale letter sent to Barbara Caldwell's daughter advising her that the Town had honored her mother by naming a conference, room in the Town Hall the "Barbara H. Caldwell Conference Doom" and that a plaque has been installed. She was invited to visit. ATTORNEY Atty Perkins has provided the Town Supervisor with the Fire Contracts for 2010 (for the amounts in the 2010 budget) and the Supervisor needs authorization to sign them and forward them to the various departments. RESOLUTION #200 - AUTHORIZE TOWN SUPERVISOR TO SIGN FIRE CONTRACTS Cl Stelick offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves t:he contracts with fire departments a for the mounts designated in the 20.1.0 budget, and the Town Si.ipervisor is authorized to sign the same. 2nd CI Maker Moll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes Page 7 of 18 12 -9 -09 Cl Makar Yes Cl Lcifer Yes Atty Perkins has prepared the necessary documents for dog control. for 20101 Supv Sumner said there has been a discussion with respect to employee vs. contractor. The Town will continue to appoint: the Leonards as Dog Control Officers and will continue to lease the facility. The appointment: and lease last: year had automatic renewals in them, so they have been updated to reflect that now it is for three more years, unless someone opts out, and they reflect the increases which were called for in last: year's agreement. Supv Sumner said there is the possibility of the I,eonards providing dog control for another town, and if that happens the simplest way to handle it would be for Dryden to sublet kennel space to the other town. For the time being, we are leaving the exclusive use clause in the lease_ RESOLUTION #201 - AUTHORIZE DOG CONTROL APPOINTMENTS AND KENNEL LEASE Cl St:efick offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the Town Supervisor to execute the Appointment of Richard Leonard and Gena Leonard as Dog Control Officers and execute the Kennel Lease Agreement 2114 Cl Solomon Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes Cl Makar Yes Cl Leifer Yes Atty Perkins has prepared a simple agreement with respect to the purchase of LiDAR data the board authorized last month. It has been approved by Craig Schutt of the Soil and Water Conservation District. In November the Soil & Water Conservation District contracted with PAR Governmental Systems Corp for the LIDAR data for Tompkins County. They are looking for help from different potential users of the data in meeting the full contract price and the `town of Dryden has agreed to purchase $5,400 toward the purchase price. The agreement. memorializes the terms under which the Town will pay that amount. PAR has a year to furnish the data. They think they'll be done When the County has the data, the Town will provide a hard drive. TI to it. When Josh Bogdan is satisfied that he can access and utilize it:, payment. in January or February, icy will transfer the data the 'f own will make the Cl Makiu• said the Technology Committee reviewed this .arrangement: last week and recommend moving forward with it. ZO Slater said the funds were already budgeted. RESOLUTION #1`202 - AUTHORIZE LIDAR AGREEMENT Cl Makar offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the Town Supervisor to execute a Memorandum of Agreement between the Town and Tompkins County Soil & Water Conservation District for the purchase of UDAR data for the sum of $5,400.()0. 2nd CI Leifer Roll Call Vote Cl Stelick Yes Cl Solomon Yes Page 8of18 Supv Sumner Yes Cl Makar Yes Cl Leifer Yes UNFINISHED BUSINESS 12 -9 -09 Dryden Recreation Commission Vacancy - Last month the board discussed a vacancy on the Recreation Commission. There is a recommendation from the Commission to appoint Wendy Martin. There vas discussion about whether one person should be allowed to serve on two boards and the matter was put off to this month. Cl Stelick said he certainly supports the Recreation Commission and has no issues with W Martin. Iie continues to have an issue with one person being on more than one board. The [Tanning Board appointment for her came up very quickly, and knowing her, he supported her for that position. Ile said he believes the Rec Commission voted on her recommendation not knowing or not being interested in the whole picture. In the last election process he heard from a lot of people that might be interested in some of these positions. We could do a better job of recruiting possible candidates for these positions and looking at the whole picture. He believes the Rec Commission should be able to make a recommendation, but we seem to be setting a precedent here and need to look at the long -term rarnifrcations. Allowing one person to serve on two appointed boards is not something that he would support. Supv Sumner said this has never corm; up before. She has been planning to put together some directives /suggestion% for all the volunteer boards for their January organizational meetings and that might be something to address —that they designate someone to maintain a list of interested people. We did a get a response from a notice in out- newsletter. Cl Stelick said a lot of people have come forward in regard to the zoning change and Marcellus Shale and there is a lot. of passion and expertise. Those are the types of people that if they were more aware, might step up for these positions. Supv Sumner said she has wished there were a volunteer coordinator function and we had a way of tracking projects that we wished we had time to do or might interest a volunteer in. F3 Avery said we have had a handful of applications for various boards in the past four months that have been passed to the Supervisor's office, so there are some to choose from. Cl Stelick said there needs to be a process so that at the 1.1!h hour we aren't jumping into something. Supv Sumner said several months elapsed between W Martin's application and her appointment. Cl Stelick said if he hadn't been on the board, he didn't think many people in the town would have known we had a situation where one person might be appointed to two beards. It's about the entire town, not a small group of people, and everybody should have a say in something like that. Cl Makar said the Planning Board and Recreation Commission made their recommendations independently of each other. B Avery said that is something that has changed in the past few years. Before that the Town Board simply made the appointment. Cl Stelick said we need to come up with a process that everyone is aware of. There should be a time frame for applications to be received and they can be referred to the particular boards, but: uithriatety the Town Board should know everyone that applied, not just the person that was recommended. There was discussion of unifying each board's enabling legislation and setting guidelines for filling vacancies. Cl Makar said he had been told that there were-, times in the past ten years or so when people served on more than one board. Cl Stelick noted the ® Recreation Commission is not having a problem currently meeting quorum. Page 9 of 18 12 -9 -09 D Kwasnowski suggested if a policy is developed the Board consider designating 46 alternates. If someone were interested in the Planning Board and there wasn't: a seat open, they could be designated an alternate,. If there were a conflict of interest and someone couldn't. participate in a project, the alternate: could step in and there wouldn't be a problem with quorum. 17 Kwasnowski also pointed out that the Planning Board has mandated training requirements and most people on a board volunteer for extra things. If you have someone from the Planning Board serve on two boards, you need to consider that:. IIe added that in his experience with Towns, the'lbwn Board appoints who they want to appoint and that's the end of the story. There is a responsibility on the Town Board's part to make sure the slots are tilled and the board is functioning. Cl Stelick and Supv Sumner said they like the idea of having an alternate. D Kwasnowski said there has been a vacancy on the Conservation Board for over a year. B Avery said it seems that if we have other people interested in positions, it is unfair to appoint one person to two boards. Supv Sumner said there weren't others when the appointment was brought up and Don Schutt: said there is now. Cl Stelick said if there was a deadline for applications that would riot be a problem, and we need to have a process in place. After further discussion, Supv Sumner called for a vote. RESOLUTION #203 - APPOINT RECREATION MEMBER - W. MARTIN Supv Sumner offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby appoints Wendy Martin to serve on the Dryden Recreation Commission for a germ to expire December 31, 2011. 211d Cl Makar Roll Ca-11 Vote Cl S1 click Abstain Cl Solomon Yes Supv Sumner Yes Cl Makar Yes Cl Leifer Yes ATT /Cingular 3G Upgrade - ZO Slater said this application to replace existing equipment; on Mt Pleasant Road will probably by ready for a hearing in January. Recreation Master Plan - The board agreed to be ready to comment on the draft next month. Partial Real Property Tax Exemptions - The board chose December 29, 2009, at 6.00 p.m. to hold its second December meeting, and hold public hearings. RESOLUTION #204 - INTRODUCE RESOLUTION INCREASING PARTIAL REAL PROPERTY TAX EXEMPTION FOR PERSONS OVER SIXTY -FIVE YEARS OF AGE Cl Makar offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby introduces the following resolution and sets the public hearing on the same for December 29, 2009, at 6:05 p.m.: Page 10 of 18 WHEREAS, Real Property Tax Law §467 • partially exempting from taxation by the Town persons sixty -five (65) years of age or over, and 12 -M9 permits the Town Board to adopt: a resolution certain real property within the Town owned by WHEREAS, the Real Property Tax Law provides an option for the Town to set the income eligibility levels, NOW, THERL PORT , BE IT RESOLVED BY THE TOWN BOARD AS FOLLOWS: 1. Real property owned by one or more persons each of whom is 65 years of age or over, or real property owned by a husband and wife, one of whom is 65 years of age or over, shall be exempt by taxation by the Town of Dryden to the extent set forth in the following formula: ANNUAL INCOME: Not: more than $29,000 percent 45 $29,001 or more but less than $30,000 $30,001 or more but less than $31,000 $31,001 or more but less than $32,000 $32,001 or more but less thane $32,900 $32,901 or more but less than $33,$00 $33,801 or more but less than $34,700 $34,701 or more but less than $35,600 $35,601 or more but less than $36,500 $36,501 or more but less than $37,400 More than $37,400 PERCENTAGE ASSESSED VALUATION EXH MVI FROM TAXATION 50 percent 45 percent 40 percent: 35 percent 30 percent 25 percent 20 percent 15 percent 10 percent 5 percent 0 percent 2. Any exemption provided in this resolution shall be computed after all other partial exemptions allowed by law have been subtracted from the total amount assessed. 3. The real property of whom is 65 years of age tax exemption on real or over, once granted, property shall not owned by a husband and wife, one be rescinded solely because of the death of the older spouse so long as the surviving spouse is at least 62 years of age.. 4. No exemption shall be granted: (a) If the income of the owner or the combined income of the owners of the property for the income tax year immediately preceding the date of making application for exemption exceeds the arriounts set forth in the formula in this resolution. Income tax year shall mean the twelve month period for which the owner or owners filed a federal personal income tax return, or if no such return is Filed, the calendar year. Where title is vested in either the husband or the wife, their combined income may not exceed such sum. Such income shall include social security and retirement benefits, interest, dividends, total gain from the sale or exchange of a capital asset which may be offset by a loss frorn the sale or exchange of a capital asset in the same incorne tax year, net. rental income, salary or earnings, and net income from self - employment, but shall not include a return of capital, gifts or inheritances. In computing net rental income and net income from self - employment no depreciation shall be allowed for the exhaustion, wear and tear of real or personal property held for the production of income; (b) Unless the title of the property shall have been vested in the owner or one of the owners of the property for at least twelve (12) consecutive months prior to the date of Page 1 1 of. 18 12 -9 -09 making application for exemption, provided, however, that in the event of the death of either a ® husband or wife in whose naive title of the property shall have been vested at the time of death and then becomes vested solely in the survivor by virwe of devise by or descent from the deceased husband or wife, the time of ownership of the property by the deceased husband or wife shall be deemed also a time of ownership by the survivor and such ownership shall be deemed continuous for the purposes of computing such period of twelve (1.2) consecutive months. In the event of a transfer by either a husband or wife to the other spouse of all or part of the title to the property, the time of ownership of the property by the transferor spouse; shall be deemed also a time of ownership by the transferee spouse and such ownership shall be deemed continuous for the purposes of computing such period of twelve (12) consecutive months. Where property of the owner or owners has been acquired to replace property formerly owned by such owner or owners and taken by eminent: domain or other involuntary proceedings, except a tax sale, the period of ownership of the former property shall be combined with the period of ownership of the property for which application is made for exemption and such periods of ownership shall be deemed to be consecutive for purpose of this section. Where a residence is sold and replaced with another within one (1) year and both residences are within the state, the period of ownership of both properties shall be deemed consecutive for purposes of this resolution. Where the owner or owners transfer title to property which as of the date of transfer was exempt from taxation under the provision of this resolution, the reacquisition of tittle by such owner or owners within nine (9) months of the date of transfer shall be deemed to satisfy the requirement: of this paragraph that the title of the property shall have been vested in the owner or one of the owners for such period of twelve (12) consecutive months. Where, upon or subsequent to the death of an owner or owners, title to property which as of the date of such death was exempt from taxation under such provisions, becomes vested, by virtue of devise or descent from the deceased owner or owners, or by transfer by any other means writhin nine (9) months after such death, solely in a person or persons who, at the time of such death, maintained such property as a primary residence, the requirement of this paragraph that the title of the property shall have been vested in the owner or one of the owners for such period of twelve (12) consecutive months shall be deemed satisfied; (c) Unless the property is used exclusively for residential purposes, provided, however, that in the event any portion of such property is not. so used exclusively for residential purposes but is used for other purposes, such portion shall be subject to taxation and the remaining portion only shall be entitled to the exemption provided by this section; (d) Unless the real property is the legal residence of and is occupied in whole or in part by the owner or by all of the owners of the property, provided that an owner who is absent while receiving health- related care as an inpatient of a residential health ease facility, as defined in Section 2801 of the Public Health Law, shall be deemed to remain a legal resident and an occupant of the property while so confined and income accruing to that person shall be income only to the extent that; it exceeds the amount paid by such owner, spouse, or co -owner for care in the facility; and provided further, that during such confinement such property is not occupied by other than the spouse or co -owner of such owner. S. The Town shall notify or cause to be notified, each person owning residential real property in the Town of the provisions of this resolution. This may be met by a notice or legend set on or with each tax bill to such persons reading "You may be eligible for senior citizen tax exemptions. Senior citizens have until (month) (day) (year) to apply for such exemptions. For information please call or write followed by the name, telephone number :and /or address of a person or department selected to explain the provisions of this resolution. failure to notify, or cause to be notified any person who is, in fact, eligible to receive the exemption provided by this resolution or the failure of such person to receive the same shall not prevent the levy, collection and enforcement of the payment of the taxes on property owned by such person. Page 12 of 18 12 -9 -09 6. Application for such exemption must: be made by the owner, or all of the owners of the property, on forms prescribed by the Office of Real Property Services and shall furnish the information and be executed in the manner required or prescribed in such forms, and shall be filed in such assessor's office on or before the taxable status date. 7. At least sixty (60) days prior to the taxable status date, there shall be mailed to each person who was granted an aged exemption on the latest completed assessment roll an application form and a notice that such application must be filed on or before the taxable status date and be approved in order for the exemption to be; granted. Within three (3) days of the completion and filing of the tentative assessment roll, notice by mail shall be given to any applicant who has included with his application at least one self- addressed, pre -paid envelope, of the approval or denial of the application; provided, however, that upon the receipt and filing of the application there shall be sent by mail notification of receipt of the same to any applicant who has included two (2) of such envelopes with the application. Where an applicant is entitled to a notice of denial such notice shall be on a form prescribed by the State Board of Equalization and Assessment: and shall state the reasons for such denial and shall further state that the applicant may have such determination reviewed in the manner provided by law. Failure to mail any such application form or notices or the failure of such person to receive any of the scone shall riot prevent the levy, collection and enforcement of the payment of the taxes on property owned by such person. 8. Any conviction of having made any willful false; statement in the application for such exemption shall be punishable as set forth in Real Property Tax Law Section 467(7). 9. This resolution shall be applicable to the Town tax for assessment rolls based on taxable status dates occurring on and after .January 1, 2010 and the provisions of said is resolution shall govern the granting of an exemption under Section 467 notwithstanding any contrary provisions of that section. 211d Supv Sumner Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes Cl Makar Yes Cl Leifer Yes RESOLUTION #205 - INTRODUCE LOCAL LAW INCREASING PARTIAL REAL PROPERTY TAX EXEMPTION FOR PERSONS WITH DISABILITIES WHOSE INCOMES ARE LIMITED BY REASON OF THOSE DISABILITIES Cl Solomon offered the following resolution 'arid asked for its adoption: RESOLVED, that this Town Board hereby introduces the following local law and sets the public hearing for the same for December 29, 2009 at 6:00 p.m. Proposed Local Law No. G. A local law increasing the partial tax exemption for real property owned by persons with disabilities whose incomes are limited by reason of such disabilities. 1. This local laws is enacted pursuant to Section 459 -c of the Real Property Tax Law of the State of New York as most recently amended. Wage 13 of 18 12 -9 -09 2. Real property located in the Town of Dryden, owned by one or more persons each of whom is disabled and whose income is limited by reason of such disability or real property owned by husband and wife, or siblings one of whom is disabled and whose income is limited by reason of such disability shall be partially exempt from taa.xation by said Town for the applicable taxes specified in Section 459 -e based upon the income of the owner or combined income of the owners. Such partial exemption shall be to the extent set forth in the; schedule following. PERCENTAGE ASSESSED VALUATION EXEMPT ANNUAL INCOME FROM TAXATION Not more than $29,000 Stelick Yes 50 percent $29,001 or more but: less than $30,000 45 percent: $30,001 or more but less than $31,000 40 percent $31,001 or more but less than $32,000 35 percent $32,001 or more but less than $32,900 30 percent $32,901 or more but less than $33,800 25 percent: $33,801 or more but less than $34,700 20 percent $34,701 or more but less than $35,600 15 percent $35,601. or more but: less than $36,500 10 percent $36,501 or more but less than $37,400 5 percent: More than $37,400 0 percent 3. The partial exemption provided by this law shall, however, be limited to such property and persons as meet the conditions, qualifications, exclusions, and limitations set forth in Section 459 -c of the Real Property- Tax Law. This local law shall be administered in accordance with said sections of the Real Property Tax I.aw, as now adopted, and as they may be amended from time to time, and the provisions of said section as provided in Section 459 -c, shall be applicable to the effectuation of the exemption provided for in this local law. 4. Application for such exemption trust be made by the owner or all of the owners of the property on forms prescribed by the State Board to be furnished by the Tompkins County Assessment Department and shall include the information and be executed in the manner required or prescribed in such forms, and shall be tiled in the said Assessment Department office on or before the appropriate taxable status date. 5. Any conviction of having made any willful false statement of the application for such exemption shall be punishable by a fine or not more than $100 and shall disqualify the applicant or applicants from further exemption under this local law for a period of five (5) years. 6. This local law shall be applicable to the Town tax for assessment rolls based on taxable status dates occurring on and after January .l, 201.0 and the provisions of said local law shall govern the granting of an exemption under Section 459 -c, notwithstanding any contrary provisions of that section, 7. This local law shall take effect immediately. 2nd Cl Makar Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes Cl Makar Yes Cl LA-lifer Yes Page 14 of 18 12 -9-09 RESOLUTION #206 - RESCHEDULE PUBLIC HEARING - CONSIDER RESOLUTION WAIVING CERTAIN TOWN OF DRYDEN FEES IN CONNECTION WITH THE DRYDEN HOME REHABILITATION PROGRAM Cl Solomon offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby reschedules the public hearing to consider a resolution waiving certain 'Town of Dryden fees in connection with the Dryden HOME Rehabilitation Grant for December 29, 2009, at 6:10 p.m. at the Dryden Town Hall. 2nd Cl Makar Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes C1 Mkar Yes Cl Leifer Yes The board gook a break at 9:25 p.m and resurned at 9:38 p.m. Marcellus Shale Drilling - C1 Leifer said he has been working with a group that: mert:s on Monday nights with respect to drilling in the Marcellus Shale and the dSGE1S. They are coordinating efforts, each taking particular parts of the document to comment on. He expects to have a document ready for the board to review and finalize before Christmas. At the December 29 meeting the board can adopt a resolution and submit the document to DEC. Cl Leifer asked board members to comment on his document as soon as they receive it from hire. Whether the DEC takes the comments or not, they have to be addressed in their fact finding statement. Cl Makar shared a resolution passed by the Town of Ithaca asking the Governor to withdraw the supplemental Generic Environmental Impact Statement. Cl Makar %rill work with the Environmental Phuiner and GIS staff to modify this to make it more particular to the Town of Dryden and present it at the Decemlx:r 29, 2009, meeting. Supv Sumner said she has inquiries from residents with respect to light and noise ordinances. he expects it She said the would be for Town should probably consider a noise ordinance, and Cl Makar said industrial facilities only. The board will consider this in 2010. Martin Hatch said he understands pipelines are not covered in the dSGEIS and are regulated by the Public Service Commission. Cl Leifer said this is one of the cumulative impacts not addressed in the document, which is ridiculous because they need feeder Lines. M Hatch said in the preparatory stage, some research should be done in this regard. Atty Perkins said a certificate of necessity from the Public Service Commission is necessary in order to utilize the power of eminent: domain. The PSC doesn't talk with the local community in that instance. D Kwasnowski said the Cornell Natural Gas Pipeline was covered by the PSC, and the Town covered the st:ormwater on ghat and was involved. They had to get permission to go under roads and show that thev weren't going to impact: the roads. They had a good consultant, and how another company handles it could be a different story. Cl Leifer said that's why the ga.s companies try to get as many leases for surface rights as they can. They use them for the gathering and distribution lines. M Robertson said the gathering lines aren't: regulated by anybody. They are under the pressure limit for the PSC to deal with. The "Town's stormwater regulations would take care of some of this, but not regulating the size of the fittings. M Hatch said this would be a useful area for someone to put some time into. Page 15 of 18 12 -9 -09 M Hatch said it would be nice if the opinions of the people in power to do something • about it (elected officials) were forthcoming. M Robertson said she understands that a highway permit can be issued that says there can be a certain number of trucks that weigh a certain amount, and based on a formula, the amount of damage done by trucks can be calculated and provided for. Supv Sumner said the maintenance record of the road is also taken into consideration. Cl Makar asked M Robertson to put this in writing for the board. After the board has submitted its comments, work will commence on local laws and regulations. Health Insurance Consortium - Supv Sumner said we are nearing the deadline and there are some issues. It is clear that the medical plan that has been adopted by the consortium is equal to or better than the Town of Dryden's existing plan, as promised. There is a plan for ancillary benefits that includes C:SEA Vision and Dental care, but she hasn't had a chance to compare the plans or the cost. There is a proposal for next week's meeting on life insurance and accidental death and dismemberment insurance. They are also looking into the legal advice insurance. There is no membership agreement in writing yet. There are a lot of little derails yet to be worked out. The serious snag in the membership agreement: is that the State insurance Department now says that the unions have to have voting rights. They understand that. it is illogical, but it is their position. Steve Locey and Don Barber are still negotiating. Supv Sumner said it will not go forward if that is the case. It would undermine the whole plan. They expect to have more information next week. The Town of Dryden will not change its insurance until she is sure the consortium will move forward. The voucher for the Town of Dryden's 'Teamsters insurance has been approved. The check will be held a week, but. the Town will not change its insurance until things are resolved. This may drag on for a few months. TCCOG intends to have a speedy resolution, but while the issue of voting rights is open and the question of the ancillary benefits is open, the Town of Dryden will not change its insurance. The Town of Dryden is currently in negotiations with the Teamsters and they have been open to the consortium if the coverage is good and there is savings involved. NEW BUSINESS Organizational Meeting - The annual organizational meeting was set for January 4, 2010, at 7:00 p.m. Supv Sumner asked board members to let her known if there are particular assignments they would like for next. year. Dryden Youth Commission Vacancy - There will be a vacancy on the commission beginning January I. There will be a press release and it will be posted on the website. Personnel Policy Change - Supv Sturnner has proposed changes in the personnel policy with respect to floating holiday vul tir ie sheets for all employees and benefits for part - time employees. The existing policy defines a floating holiday as a holiday to be taken when the employee chooses, with the approval of the department head. There was discussion about whether this is actually a vacation day. Supv Sumner said she fails to understand why time sheets have not been required in ® the past and would like to have that in place in time for the first of the year. The time sheet Page 16 of 18 12 -9 -09 proposed is modeled after what the Town of Ithaca uses. After much discussion, the board passed the following resolution. RESOLUTION #207 - AMEND PERSONNEL POLICY TO REQUIRE TIME SHEETS Ct Stelick offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby amends the Personnel Policy to include the following language in the appropriate place: All employees, excluding Highway and DPW employees and elected officials, are required to fill out a time sheet, in the form prescribed, in ink on a daily basis, sign it on the last day of the pay period and turn it into their supervisor or Department Head. Time shall be charged at one quarter (.25) of an hour basis. 2 „d CI Makar Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes Cl Makar Yes Cl Leifer Yes Supv Sumner said she feels strongly about providing benefit time and health insurance for part-time employees. She said she feels she created the problem by hiring part -time people. Part-time positions are good for people who wish to work part -time. They are good for the organization because it creates a certain amount of redundancy. In her office they didn't need a full -time account clerk or a full -time secretary for a part-time supervisor. They tried and could not find someone to take the job who had both sets of skills for the sa-lary they were willing to offer. When advertised as a part -time position they immediately got: qualified applicants. But that doesn't mean they aren't entitled to the same protections under fair labor standard practices. That doesn't mean they should not get sick time, vacation time, holiday tame. They don't get paid on days when the office is closed for holidays. J Bush asked that: Highway and DPW employees be excluded from this. He said when he hires part-time help he is up front with them and they know the conditions under which they are hired and they will not: receive benefits. Supv Sumner said that doesn't make it right. Cl Stelick said you might get a larger number of qualified candidates if those benefits were, available to them. After discussion, the Personnel Committee was directed to address the matters of the floating holiday and benefits for part -lame employees and bring a recommendation to the board in Februarv. COMMITTEE REPORTS Emergency Services - No report. Personnel Committee - No report. Finance Committee - ® RESOLUTION #208 - APPROVE ABSTRACT #12 Page 17 of 18 Supv Sumner offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves Abstract #312, as audi ti t 163 through # 1254, totaling $185,66 1.00. 2nd Cl Stelick Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes Cl Makar Yes Cl Leifer Yes The budget modification for the Cortland ]load Sewer District was not made because the Supervisor needs to gather further information. Loans & Grants Committee - No report. Technology Committee - Cl Makar reported the committee is reviewing a fee structure recommendation for telecommurucations for public /private partnerships. He has sent a document with a chart for the board to review. if anything is to be done, there needs to be a contract with a public /private partner and there is none in place presently. Once there is a contract, a fee structure can be put in place. Recreation /Youth /Community Centers Committee - C1 Leifer has asked M Bianconi to review the grant application forms for the program and infrastructure grants. She will send them with a cover letter. Cl Leifer said the comittee wants the infrastructure grant to be more competitive this year. He suggested that M Bianconi oversee the program portion of the grant process. As long as applications for programming are received by the due date, they will get: that funding. Whatever isn't applied for will either get rolled back into the budget or into the infrastructure part. Applicants will list what they are using it for, and the Rec Director will make sure that the money is spent on that. There is no reason to hold up the program money to wait for the infrastructure money. The infrastructure portion of the grant program requires greater oversight. A DRC representative will assist in scoring the applications. On motion made, seconded and unanimously carried, the board moved into executive session at 1.1:25 p.m. to discuss two matters of litigation. No action was taken, and the meeting was adjourned at: 11:55 p.m. Respectfully submitted, 1� Bambi L. Avery !' Town Clerk Page 18 of 18 Dryden Town Board Meeting Dryden Town Hall 93 East Main Street Wednesday, December 9, 2009 7:00 PM i ) Call Meeting to Order 2) Pledge of Allegiance 3) Roll Call 4) Public Hearing — Fee Waiver for HOME grant projects 5) Presentation — Community Science Institute 6) Citizens Privilege 7) Town Clerk a) Approve Meeting Minutes for November 4 and 12, 2009 8) I4ighway SuperintendentfDept of Public Works 9) Recreation Department (no report) 10) County Briefing 11) Zoning Officer a) Continuation of `Veatherization Grant Program b) Special Use Permit Application from Volvo Rents 12) Environmental Planner a) Sustainability Coordinator grant application b) Zoning Law meeting announcement and plans 13) Engineering (no report) 14) Attorney 15) Unfinished Business a) DRC vacancy b) ATT/Cingular 3G upgrade c) Comments on Recreation Masterplan d) Partial tax exemption for people with disabilities e) Partial tax exemption for people over age 65 t) Health Insurance Consortium 16) New Business a) Organizational meeting b) DYC Vacancy c) Proposed changes to personnel policy 17) Committee Reports (3 minutes or less each, please) a) Emergency Services Committee (none) b) Personnel Committee c) Finance Committee: Approve Abstract # 12 d) Loans & Grants Conunittee e) Technology Committee —proposal to waive permit fees f) Recreation /Youth!Conununity Centers Committee 18) Future Agenda Items 19) Executive Session (if necessary) S Penningroth B Avery J Bush M Eianconi County Rep H Slater D Kwasnowski A Sciarabba M Perkins J Leifer H Slater S Stelick M Perkins M Perkins M Sumner M Sumner M Sumner M Sumner M Sumner Stelick/ Leifer M Sumner Makar /Leifer Makar /Leifer Stelick /L eifer The 2010 Town Board Organizational meeting will be held on The next regular Town of Dryden Board Meeting will be Wednesday, January 13, 2010 Town of Dryden Town Board Meeting December 9, 2009 Name - f ease; Print} GLe,�?f aG.K (?, bw r X11 �Aq IP s C J �s U! lt%j I VI A'IE )2 Address or Board 19 AAA-/ Pv 65 C(nAlr l C 0r f /Ir 2 5` 51", cke f it pa a i 3 L y✓1 /� �-P i' r i�—O,vp /0) -i t H) Li, P.Ot 12 =9 -(t9 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 1, ti 4 ✓t u' �avr` j 29 �6 t S„ X� •-L /ll�