HomeMy WebLinkAbout2011-06-15TI3 G -15 -11
TOWN OF DRYDEN
TOWN BOARD MEETING
June IS, 2011
Present: Supervisor Mary Ann Sumner, Cl Stephen Stelick, Cl Joseph
Solomon, Cl Jason Leifer, Cl David Makar
Elected Officials: Bambi L. Avery, Town Clerk
Jack Bush, Highway Superintendent
Other Town Staff: Mahlon Perkins, Town Attorney
Kevin Ezell, Code Enforcement Officer
Supv Sumner opened the meeting at 7:10 p.m. and board members and guests
participated in the pledge of allegiance.
CITIZENS PRIVILEGE
Catherine Wagner, 1665 Ellis Hollow Road, spoke regarding the proposed ban on
hydrofracking. She said it is often said that fracking will bring in all kinds of money, make
everyone wealthy, and create huge numbers of jobs. After researching it, she has concluded it
is highly likely that if fracking goes on here or in neighboring areas, local taxes will have to be
raised to meet demands on infrastructure including roads and other services. New York State
has no severance tax, therefore as the gas leaves New York, we are giving it the gas companies
for free. They have the ability to book their sales out of state, so any tax money from sales may
go to other states. Their headquarters are in other states and their equipment is manufactured
in other states. 70% of the workers in Pennsylvania are migrant workers and minimal
amounts of their wages are spent locally. In Arkansas there is a severance tax, but the amount
of money spent on road repairs is more than is gained from severance tax. There is the
expense of environmental cleanup even if there are no accidents. Police, social and other
services must be expanded. Home values will likely go down and there are already problems
with getting mortgages for lands that have been leased. Trucks on the roads in Pennsylvania
are impeding emergency response tunes. Local resources will be strained if this happens here.
Steve Foote, Gulf Hill Road, said 41 urge you as a responsible person, representing all
the people of the Town of Dryden, only go with a moratorium at this time. The facts are not in
yet, let the DEC do its job. Going for a ban is a knee jerk reaction. Not one landowner wants
to have his water contaminated, but an all -out ban is an overreaction to immediate drama. As
responsible representatives of all residents of the town, a moratorium would only make sense
at this time."
Lewis Stuttle, Livermore Road, said he is a landowner and a. fanner, and he doesn't
like people telling him what he can do with his land. I•le is set against trying to ban drilling in
the town and thinks there are ways to make it work out. He said farmers in Pennsylvania are
buying a lot of new machinery so he thinks it is helping the economy.
Bruno Schickel, Schutt Road, said he knows the board is considering an overall zoning
rewrite for possible consideration in July. He respectfully asks that it first be published and an
information meeting held. So many changes have been made that it doesn't look anything like
the original document. Going immediately to a public hearing with this large document would
be doing the people of Dryden a disservice in terms of giving them an opportunity to
understand it.
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With respect to the proposed prohibition on gas drilling, he asked the board to
reconsider its approach. Right now there are two extremes: prohibition and the Pennsylvania
model that says do anything you want. There is enormous ground in between these two
opposites. That is the common ground that this board should be funding. The board should be
seeking the common ground that balances the interests of all of the residents into a common
cause. He believes there is enough common ground that can be found. One example is to
support robust regulation, aggressive enforcement, a gasoline tax. Many energy producing
states have an energy tax. It would enormously help to offset the property tax burden that the
town residents are paying. The board should support a reasonable highway bill. That is a
legitimate concenl. We don't want our highways destroyed or pay for the repair. Many other
things can be done. For instance, through zoning you could set: parameters for allowing a well
pad. There is enormous ground between the two extremes that can be found and can address
specifically the issues that are before the board.
For analogy, the Town bought development rights to the Stuttle farm, so that farm of
400 acres would remain agricultural into the future. The board recognized the value of the
those development rights and the town paid him $688,000 of taxpayer money. He asked why
didn't the town simply rezone that land and say it could not be used for anything but farming
and saved the taxpayers the $688,000. The town didn't do that because it wouldn't be fair,
right and just. It was recognized as a right that has value and to do otherwise would be
confiscating the value of his land. That's what the board is doing with this, they could simply
take the development rights of other farms.
B Schickel asked the board to back up and consider what they are doing and consider
the long -term implications of what this is. There is common ground and an area of agreement.
Everyone has concerns about what is happening. He said the board should take an
incremental approach, do everything it can to regulate and not have negative impacts, but
don't confiscate people's rights. It's just wrong.
Robin Behm, Ringwood Court West, asked how many have visited Towanda, PA. She
was there last year. All day long there are trucks hauling water and carrying waste and
fracking fluid. It is important to experience what it is like in Bradford County. There is no way
to imagine it. White cement pads are perched above peoples' houses. You see white well pads
and plastic pools holding fracking water. There is nothing like seeing it personally. It would
totally change the quality of life here.
Ron Szymanski, Johnson Street, said he has visited Towanda. He is a Planning Board
member in Freeville and is a landowner in the Town of Dryden. He has an engineering
background, has worked I 1 years in energy conservation, has worked in agriculture (3rd
generation farmer) and is a conservationist. His family has an investment in this area. He said
it is interesting that he did not have the same experience in Towanda and was there when
there wasn't any traffic at all and you wouldn't even know there was an industry operating
there. There is a disparate experience here.
The Town looked at the energy law for at least a year and there were public hearings.
He doesn't understand why the resolution passed April 20 is now moving toward a vote in July.
It doesn't make sense on a legal basis and there are so many questions. There is no reason to
push this. People have questions and need answers on both sides of the coin. He agrees that
a ban is confiscation of personal property rights. if so, the board needs to be clear that it is
trying to confiscate mineral rights from landow =ners. He implored the board to slow this down.
As a public official he knows if you move too fast you will legally put yourself in a bind because
you need to show you have done due diligence. There needs to be time for research and more
group interaction. This can bring more division to the community than resolution.
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Charles Hatfield, Gulf Hill Road, said he was on the Town Board for 16 years and
knows the board has a tough decision to make. He asked the board to use; common sense. No
one wants to pollute our environment and in time the system will be improved. He visited
Pennsylvania and thought it looked like the gas companies had improved the roads before even
using them. To demand there never be a gas well drilled in Dryden is kind of scary. The
country needs the gas to make the economy work. Saving it can never be concerns him, as
well as the rights being taken from landowners.
Supv Sumner noted that nothing the board passes is forever.
Chris Gibbons, said he is a member of the Dryden School Board but is not here
representing school although he is an interested party and is here gathering information that
will be relayed back to the school board. They have had discussions since he has been on the
board about the possibility of gas drilling on school property and what that would mean in
terms of revenue for the school district. He said we need to find creative ways to generate
revenue to support services we want, such as education. Iie thinks there is a lot of merit in
going slow, analyzing the situation and seeing if there is an opportunity to come.to a position
we can be reasonably comfortable with. This is a possible windfall in terms of economic
benefits to our community. We also need this in New York State. People and businesses are
leaving New York State. We need to be a friendlier state to do business in, and find ways to
generate revenue to replace the revenue we are losing from the businesses that are leaving. He
said he lives in the village and probably doesn't: have property that will be drilled under, but if
neighbors have their incomes multiplied, they will come into the village and shop and spend
money on a variety of things. There is a benefit. to the community when residents of the town
are successful. We want to attract people to the community who will build nice homes and
increase our tax base. People need a reason to do that. He asked the board to slow down and
think about the possibilities and opportunity to do it right and also benefit the community
significantly in an economic way.
Paul Cook, Irish Settlement Road, thanked people for coming to the meeting. He said
he is the one who got this started, and he is the bad guy and he wants to poison the water. He
said we shouldn't drill any gas in Dryden; we should shut off what we already have and let
people figure out how to heat their houses without it. Cornell is heating their whole place with
gas. Why shouldn't some of those dollars stay in Dryden?
Buzz Levine, Ringwood Road, said he has been following this issue for a couple of
years. He ovens nearly 100 acres and has turned down the land man many times. He
disagrees with some of the people who have spoken recently. He congratulated the board for
its good work in preparing a ban on gas drilling. It is obvious a tremendous amount of work
went into it. It is an extremely important step in protecting the citizens. Large landowners in
the town (like himself) and those who have leased are by far the small minority. Many people
are sorry they have leased.
There is an extremely important step that can be taken: one modification to what has
been prepared. The board should add a prohibited use against high - impact industrial uses.
There are three benefits to this addition: To avoid a due process violation; to avoid an authority
violation; to assure more comprehensive protection for the town. (see his statement attached)
By adding one sentence, we gain three categories of important benefits to protect our citizens.
Judith Pierpont, Pleasant Hollow Road, said she is a landowner and has refused
advances of landmen about 15 times. She participated in the DRAC petition drive and found
that 75% to 801/6 or more of people were thankful they had been approached and were glad to
sign. They are informed and distressed about how life in Dryden for them as householders,
residents and landowners would change. It would impinge on their rights. She appreciates the
work and dedication that the board has put into crafting the ban. We know that once the gas
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companies have their permits we will have little power to control them. She supports what
Buzz Levine said and stressed the importance of explicitly prohibiting certain activities. (See
attached for remainder of her statement,)
Joe Wilson, Hunt Hill goad, said his opinion of the ban in front of the board was
recorded in The Ithaca Journal. He would like to apply common sense to some of the
comments made opposing the ban and comments about the rights of property owners.
J Wilson said if fracking comes here, the value of his residential property and that of
others will go down. His rights and the rights of every resident of the town to clean air will be
polluted. Their clean water may be threatened. Their roads will be destroyed. Their quiet
enjoyment of the kind of town that we now have and the reasons we moved her will also be
destroyed. That's what the history of Bradford County tells us, as well as the histories of
fracked communities in the west tell us. That's why Canada has banned hydrofracking in the
provinces where it had already started.
The middle ground referred to by Mr. Schickel, that can take quite a bit of time to arrive
at, relies on things the state government, not the town government, will do. In particular,
taxing the production of gas and regulation of the industry. The Governor has taken hundreds
of thousands of dollars of donations from companies that want to frack the Marcellus shale.
Our legislators entertain on a regular basis the lobbyists from those energy companies, and
take more donations than all of us here can marshal to give to any one candidate. Will that
government and that Governor tax the industry that donates so much money to them? No,
that's not common sense.
Why rush? The Governor has said on July 1 there will be fracking regulations in place.
After that there is no guarantee that there will be any delay before permits will start to flow.
Common sense says that there is urgency.
Marie McCrae, Irish Settlement Road, expressed gratitude to members of the board for
their work and for acting on her behalf. The proposed amendment to Dryden zoning is a
wonderful first step in raising a defense against heavy industry. Banning exploration, drilling
and storage of gas and oil in Dryden is music to her ears. Some people have raised the issue of
landowner rights. She has a farm and also has rights. She has the right to quiet enjoyment of
her land. She said her livelihood will be at risk if gas drilling comes to Dryden. Her farm will
be valueless and she won't have a livelihood on her farm.
If neighboring towns don't come to the same conclusions that this board has, then
residents of Dryden will be subject to ancillary activities. She lives on a county road and a
pipeline crosses it. If drilling is allowed in Caroline, trucks will travel her road for access to the
pipeline. They will run a supply line along her road. Compressor stations will be needed to
move the gas in the pipeline. Trucks may carry hazardous waste along that road. An accident
could happen on the sharp turn at the bottom of Irish Settlement hill.
The additional language that Buzz Levine and Judy Pierpont have talked about adding
to language crafted by Attorneys Perkins and Leifer will make her feel more secure. It is added
insurance of expanded coverage for ancillary activities that go with the exploration, drilling and
storage of gas. She urged the board to add that language to the zoning ordinance.
Evan Carpenter, Dryden Road, said everyone talks about: the face of Dryden being
changed forever with gas drilling. Dryden used to be a wooded community, then it became an
ag community, now it is a housing community. Personally, he doesn't like houses. He's on the
ag end of things and prefers the open spaces. He lives next door to Paul Cook, and if they drill
there it could affect his water supply (three wells), but it may not. His wells could go dry on
their own and have nothing to do with gas drilling or anything. That's life. The zoning
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setbacks and things that. Bruno mentioned would be an excellent addition to the zoning- He
said he wondered what it was like when they "Pere building for the TC3 dormitories for
residents of Lbe Road, just above the Village's water resenroir. It seems that would have been a
pollution concern for residents of the Village. Residents of Lee Road had to listen to the trucks
during the construction process- When Kimberly Drive was benig developed, it affected
residents of Lake Street. There are al ways inconveniences to pui: up with. That is part of the
process of change hi the corn munity- He said he is willing to live with it because he has to live
with his neighbors,
Hilary Lambert, landowner in Dryden, said there seern s to be a script to urge people to
slow down, take time and think things aver. She reminded people that it is almost two years
since the Bone Plain Road citizens group had an article about them in the Dryden Courier.
Since then there has keen a very long, slow, gradual, scrupulously public set of meetings,
People have come to these meetings expressing their concerns. Drydern's de6sions here impact
not only Dryden residents, but downstream water users- Two majestic creeks run through
Dryden- Fall Greek's headwaters are in Cayuga County. We are the stewards of that water as
it goes through Dryden, added to by many tributaries, and is then used by Cornell University
and others for their water supply before entering Cayuga Lake. Anything done hcmre will impact
downstream users. Six Mile Creek's headwaters are on Hammond Hill in Dryden. It then
works its way through part of Dryden, Danby and Caroline before it is used as Ithaca's water
supply- She appreciates what the town) is doting- A lot of people are talking about their rights,
their freedoms. WeMso have to think of the rights, freedoms and uses that we pass along to
those downstrearn of ua.
Deborah ipulla- Dennis, West Dryden road, thanked the board for its efforts- This
has been a long process and they have been coming to town board meetings twice a month for
at least 9 months. This has been a public process. It is good to see a wonderful crowd tonight,
but there have been many meetings with only four people talking to the town board. We don't
need to slow down. We are in danger if we slow dawn. This needs to happen this summer- We
need protection-
] ippll - Ennis said she supports the addition referred to by others to the proposed
amendment. This is not really about the natural gas industry. It is about protecting our way
of life, our nom monity character and preserving our en vironrnent- The natural gas industry is
a threat to that, but there are other threats and other things associated with that industry that
will threaten that. Once this is known as an area whcre indl]slxy is welcome, they wiIJ came.
We need to protect ourselves and add that extra language to this amendment. We need to
enact legislation that protects us from the harm that they will do. This is not an easy subject
and she realizes that - There a.re differing opinions throughout the community and the board's
decisions will have long lasting effects. There have been marry comments about landowner
rights- She is a landowner and has rights as well. She has the right to peaceful enjoyment of
her property and she is fighting to stay on her property- If heavy industry comes to Dryden,
she 9M] have to leave- She is not uuiiJlkng to live with it and put her health and welfare at risk -
he is appalled that someone we entrust with the health and welfare of our children, can be
willing to expose them, our most valuable natural resource, to the pollutants of heavy
industrial development. That is probably the worst thing she has heard all night.
Joanne Gipoilla- Dennis, Vilest Dryden Road, thanked the hoard for protecting iesidents
by working to get educated about the industrialization that accompanies the oil and gas
industry. This is a oritical moment in Dryden's history- It is an exciting time. residents are
fort -inate that our town board is willing to protect us and keep us a rural, clean and
prosperous community that attracts businesses that will not come if industrialization by the
18 industry that yields toxins, chemicals and uses rnethods that are known to be harmful to the
environment, the land they are using, and the air are here- Any industry that uses the
carcinogens that this industry uses should not be welcome here. Green business will not came
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to this community If it is industrialized. Words must be used that don 1. rule out any particular
industry, but rule out all industries that are known to use carcinogens that are harmful to all
of us-
The United States is at maximum storage capacity for natural gas. You can find that
out on the Department of EnerU's tiwebsite- It is becoming widely known that it is the
President's agenda to include natural gas development to export natural gas to generate cash.
Why should we, America, continue to a]Iow multinational corporation S to ruin our Iands,
con tainate our water and air across thi
m s nation to sell it to another country? That's
deplorable. The issue of America's fate is at hand across the nation with the oil and gas
industries. They are taking the water which is not replenishable and contaminating the air
immediately as drilling begins,
J Cipolla- Dennis said she has been living in a house that is half built because her
neighbors have leased their land. She would love to finish the house and stay here, but cant
do that because it Mill be worthless when they are surrounded by gas pads. One pad is not
gust one well. One well pad can yield 16 wells. Those wells can be indefinitely fracked. Once
they are here, they will be here forever. She asked the board to think about that because their
voice and vote count. This is what is changing history For tho IOwn night now,
She thanked everyone for coming tonight, and said if you tare about your neighbor,
don't sign a lease-
Simon fit Laurent, Dryden road, said when he spoke before the board in April he was
concerned that the board had been slow to respond to threant to the town. He is pleased to see
the board has responded, and is not surprised that there are lottery tickets out there who are
deeply disappointed that they might not get to cash in- He asks for the sake of their neighbors
and the town that the board resist these excitements. He is pleased to see that the board
moved as rapidly as it did with this ban. He agrees with previous speakers that thenc are ways
to tighten the ban and make it To ore defensible and cornplctc- He hopes the board will consider
them, but as a first step in the legal conversation, he thinks this a wonderful place to be and
thanked the board.
Mtrtba Robertson, Ellis Hollow road, said there is no such thing as a littie di-illing-
It's like being a little pregni imt, She recently flew over Susquehanna County, Pennsylvania, in a
small plane, very low so they could ace eeveiything. They are Just getting started with drilling so
it is nothing like Bradford County. There was pretty much on every other hill either a drilling
pad being built or a gravel pit to get the graven to create drilling pads. It was clearly going to
trandorm their landscape- Towns don't have the right to regulate this industry. By state law
that is up to the Department of Environmental Conservation, Facing the development and
spacing units are not sornc.thing this board can weigh in on.
With respect to confiscation of rights, 6% of the residents in Tompkins County own all
the leases. If they are doing something that will disturb the quiet enjoyment of the property of
the rest of the 94 %, she asked whose rights are being confiscated- Quiet enjoyment is a
particular legal right that we all have.
Realtors are finding that property values are going down and people are walking away
from sales because of neighboring leases- S he wondered if people who have ag exemptions
understand that it is probable that ag exemption go away with a drilling operation on the
property because that is not an agricultural use-
Research from out west where they have more experlence with this shows that the
social costs outweigh the benefits- Homelessness, crime, and many deleterious effects begirt
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right away and any revenue that do show up generally don't name for about ten years after
seeing the social costs to the community,
Leases are being sold to china and the gas sold to Europe_ This is not about energy
independence_ People outsidt Now York State are making the money. 90% of the workers
come from out of state. They are not local jobs. Even if we could solve all the environmental
problems, the social problems, and the economic problems that carne with this drilling,
researchers at Cornell have shown that climate change will be exacerbated w9ith this industry_
It is supposed to be a cleaner fuel, but actually not true when you count all the emissions from
the beginning to crid of the operation. Shale gas is worse than coal l over a twenty-year tirne
frayn e.
M Robertson said if the market is flooded with even more cheap has, it makes it more
impossible econornically for people to make a transition W renewable energy. You have to
weigh the cost and the payback period, The cheaper gas is, the longer that payback period is,
and the more impossible it will be for us to develop a sustainable future.
She said go slow_ They have been studying drilling intensively for about three years
and keep finding out more terrible things about it, This town board has done many things to
preserve and improve our town's economy and our quality of life. Passing this ban will be the
most important antion you can take for our future. She thanked the board for all work done on
the ban_
Linda Levine, Ringwood road, thanked the board for their hard work. She said she
would like to respond to Bruns Schickel. His rhetorical statements about how this ban might
lead to a communist takeover in Dryden (upv Sumner asked her to be respectful) might well
play in Alabama, b-at she thinks the people of Dryden are too smart to buy that argument.
Bruno sterns to be proposing thv dornino theory of zoning and the lack of logic would be
blatant to somebody in philosophy 107_ She asked what's wr1]ng with this analogy? Keeping
your neighborhood bland agricultural offers many advantages to the entire society. It helps
everyone. It helps to keep the kind of land use that "Fe all chose when we selected Dryden as
our home. To simply rezone it after the fact would be an unfair taking, as Bruns suggested.
But unlike agriculture, inviting fracking strongly impacts your neighbors land adversely and is
a violation of your neighbor's rights, Given the current proper coning, you could not build any
business across from her house. She bought land in the Town of Dryden because she believed
zoning would protect her. If her neighbors invited fracking, they would cause her enormous
problems that would violate the promises made to her by the pre - existing zoning and would
disrupt 35 years of preserving her property. To suddenly allow industrial use of her neighbor's
land would violate her rights_ It has already disrupted people's property stability.
With respect to B chickel's suggested moderate and rational progress, she referred to
the bible and David and Goliath_ She said we would have to have the faith of David to believe
that this would be a rational, level playing field. The gas companies are indeed GoliathE and
she said we shouldn't expect God to intervene in this particular battle. We should know when
we encounter the devil and we must be David. There is rid doubt we would have little control
once we allow in this particular devil_ They have endless resources. We can make rules and
levy fines against L'hem for violating those rules and they will laugh as thQy write the check
because they have endless monCyr They have no responsibility or loyalty to our land and live
in Bejing, in Delhi, in Oslo and the gas may not even stay in this country. There is no one to
protect us_ Tell the gas companies ghat Dryden is not for sale, We are riot a third world
country they can exploit,
Stu Berg, Hickory Circle, said he wanted to address one issue raised by some of the
people_ R governmental agency, such as this board, shouldn't have the right to take away the
rights of someone to drill a well and access their mineral rights. In addressing thatt, he wanted
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to mention that New York State has declared that the water supply and watershed area agave
Few York City will not be drilled because of the harm it could do. He asked people to think
about whir New York State is prcventing any gas company from hydrafracking in the New York
City watershed.
Rick Ryaxx, lake Read, said he and his wife moved to Dryden six months ago, For four
months they looked for a place of land, and finally found land that did not have a gas lease on
it_ They wolild not have moved here if there was gas drilling in this area. He thinks he is a
good representative of his generation, and said people will not move to this area if there is
drilling in Dryden,
Supv
Sumner thanked everyone for
their
cornrnents, saving everyone hit various nails
on the head.
It is a difficult issu(, and they
have
w
been working on it
w
for a long time,
TOWN CLERK
RESOLUTION *110 (2011) - APPROVE MDIUTES
Supv Sumner offered the following resolution and asked for its adoption=
RESOLVED, that tht& Town Hoard hereby approves the meeting minutes of May 11,
2011, and May 18, 201.1,
2nd Cl Stelick
Roll Cali Vote
RECEATION DEPARTMENT
C1
Stelick.
Yes
Cl
Solomon
Yes
Supv
Sumner
Yes
Cl
1.1+Iakar
Yes
Cl
Leifer
Yes
Supv Sumner said the board has received recommendations from tho Recreation
Corn mission, who she said did an excellent jab reviewing and discussing the applications, The
process has improved and is working welI.
RESOLUTION 0111120 11) - APPROVE COMMUNITY ASSOCIA'T'ION
INFRASTRUCTURE GRANTS
Cl Stelick offered the following resolution and asked for its adoption;
RP=LVED, that this Town Board hereby approves the following community center
infrastructure grants as recommended by the Recreation Commission.
Marna Community Association - for a roof over the outdoor generator, refrigerator
and rear entrance - $17,000;
Dryden Community Cafe - for a new stove and expenses with application for
for 501(c)(3) status - $.1,500;
Ellis Hollow Community Association - for new suns and a key pad entry lacks - $1,500
2nd C1 Leifer
Roll Call Vote Cl Stelick Yes
Cl Solomon Yea
Supv Sumner Yes
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Cl Makar Yes
Cl Leifer Yes
upv Sumner thanked everyone involved in developing the Town of Dryden Recreation
Master Flan- She said they have done an excellent job and it has taken a long time. She noted
that, the financial recommendation in the plan is not a budget authority. It is a
recommendation on the part of the people writing it, and the board is accepting it as a plan,
not as a budget item.
RESOLUTION 0112 (20 11) - ADOPT RECREATrON MASTER PLAN
upv Sumner offered the following resolution and asked for its adoption:
RESOLVED, that this Tawm Board hereby adopts the Town of Dryden Recreation Master
Plan dated June, 2.01 1.,
2„a Cl SteliCk
Roll Call Vote
Cl
Stelick
Yes
Cl
Solomon
Yes
urn Sumner
Yes
Cl
Makar
Yes
Cl
Keifer
Yes
MGHWAY SUPERINTENDENT/DPW
Highway Superintendent Jack Bush said they are trying to fix the deck on one of the
old raiLroad trestles that is part of the Jim Schia g Trail. He had rnade the assuMption that the
4
cost would be over $20,000. He advertised for bids and received thref: different bids - The ad in
the newspaper said they were sealed bids, but the bid package wasn't clear. One bid was
received by fax and another bid wa put in a UPS envelope and was not in an envelope marked
bid- The third bid was late, He has spoken with Atty Perkins and feels it is in the town's best
interest to throw the bids out. Because we do know what they came in at, and at least one was
below $20,000, he would like to simply ask for quotes, and asked the board to reject the bids,
RESOLUTION It 113 (20 11) - REJECT BIDS FOR TRESTLE WORD
upv Sumner offered the following resolution and asked for its adoption=
RESOLVED, that this Town Board hereby rejects all bids recently received for trestle
work on the Jim Schug Trail because they were not received in proper form, and it is further
RESCL 5D, that the Highway Superintendent may proceed to secure quotes because
the anticipated expense does not require bids pursuant to the town's procurement poiicy-
t"d Cl Solomon
Roll Call Vote
Cl
Stelick
Cl
Solornon
Supv Sumner
C1
Makar
Cl
Leifer
Yes
Yes
Yes
Yes
Yes
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COUNTY BRIEFING
'qlww Martha Robertson stated that the Health & Human Servic~ i3 Committee voted to divest
of the county's home health agency, The board of health had also voted to recommend that the
county divest of the license. The legislature will then vote and will consider selling the license.
There are private, nonprofit, and proprietary agencies are available and interested in buying
liccnss from county health departments. They are able do more because of economies of scale
and other issues that make it more expensive for the county. The County has been operating
at $400,000 deficit for a number of years_ To meet the levy target, they will still have to cut
more than million from operations_ They can't justify maintaining this ervice at a deficit
when someone else can pick up the services_
Ellis Hollow Road reconstruction is almost complete. It will have red - colored paved
shoulders to give the appearance of a narrower road_ Suit Bate is seeing this as an
advertisement.
Mike Lane said the home health care agency is a tough thing to decide. It is not a state
mandate so they are able to cut this service.
The redistricting committee chair has been chosen_ This is a diverse group representing
rural, city and suburban interests. He asked those present to plan to go to public meetings
when they ask to hear from public officials and the public. It is irnPortant because this will
last for ten years.
With respect to the issue with zoning and hydrofracking M Lane id he hopes the
board continues to move the aquifer protection ordinance ahead_ The Town must do this
because the courity can't. Cortlandville and Virgil both have aquifer protection laws and we
need it here. We need to have someone say they can't drill where it can pollute the many wells
in the area_
PLANMNG DEPARTMENT
No report.
Supv Sumner said they now have a Map, Plan and Report for a Cortland Road water
district and will be scheduling a meeting between the infrastructure committee and the village
and then with the residents,
ATTORNEY
With respect to the new zoning law, Atty Perkins said the last time the board met they
talked about Articles 11 and 1, He incorporated the board's comments and sent those out to
the board. His records show that Articles 4, S, 6, S, 11, 12, and 14 through 18 are in fairly
final form. Tonight Article 13 is presentee] for review. Section 1304 is the mining section and
has been completely rewritten. It now parallels the Environmental Conservation Law and
Morrows their definitions except for mining, t
Whave clarified that mirdng only includes solid
minerals, which is cansist(-_nt titi'ith the proposed amendment to the zoning ordinance that the
board is considerin8. There is a distinction between those mines that are subject to state
jurisdiction and those that are not,
9 'i'ho,� ' mines that are subject to state jurisdiction can only be located in the zones that
are indicated in the article. The setbacks are as proposed= 350' from any property line and
1,000' from any neighborhood residential district. When it is a perrnitted use and a mine
Page 10 Of 19
•
TB 6 -13 -I
under state jurisdiction the tovkn has limited authority and he has spelled out conditions which
the board may ixTmt to attach in that section .
With respect to mines not subject to state jurisdiction, he has paralleled the process.
There must be reclamation and mine use plans and security. Atty Perkins said he
contemplates the Planning Dept using the same application the state uses_ He said this Article
is simpler, though a little bit longer than what it was be Fore_
Atty Pcfkin8 Said Section 1307, having to do with noise, simply imports the sound
performance standards from the existing zoning urdinance. Jt does include en hanced
penalties. There is a statement in there that to the extent those penalties are greater than
what are allowed by Article 16 of the town law, it is the intention to supersede those limits
under the provisions of the Municipal Horne Rule Law_
Cl Leifer said he will be doing some research on subsonic effects snd mgula.tion of
those.
With respect to Section 1011(7),
$Mick
Atty Perkins said
he could not figure out what was
intended, and asked the board to
look at it_ He expects W
be able to send Article 9, General
Regulations, to the board in a few
days.
Depending on what the board decides to do on natural
gas and /or petroleum, that will have to
be woven into the
local law_ There are still Articles
and
10
to
be cornptcted_
aVv Sumner said she would like the new zoning law available prior to the next agenda
meeting.
Cl Makar asked about the status of a resolution for the land trust, and Atty Pprkins
said he is working on it_
NEW BUSINESS
Supv Sumner said she has an application from K,athrin Ochring for the Tompkins
County Youth Services Board. K Gehring said she asked to be on the board_ She was in
Leadership Tompkins and was encouraged to get more involved in the community. She
enjoyed being involved in the foster care service in Florida and wanted to get more involved
with youth here,
RESOLUTION # 114 (20111 - RECOMMEND K GEHRINCY FOR TOMPKINS COUNTY
YOUTH SERVICES BOARD
Supv Sumner offered the following resolution and asked for its adoption;
REISOLVED, that this Town Board hereby. recommends the appointment of Kathrin
Gehring to the Tompkins County Youth Services Board.
Did Cl Leifer
Roll Cali Vote
Ct
$Mick
Yes
Cl
Soloman
Yes
Supv Sumner
Yes
1
Makar
Ycs
Cl
Keifer
Yes
The board recessed for a 5 minute break at 8:46 p-m.
11agc I I of 19
19B 6- 15-11
upv Sumner explained that the zoning revision package for the town will be delayed
another month. It has been an enormous amount of work_
What the board ii� considering tonight is a proposed amendment to the existing zoning
ordinance to address gas drilling issues. The amendment has been worked on by Atty Perkins,
Cl Leifer and the attorneys for the towns of Ulysses and Ithaca_ If it is introduced tonight a
public hearing will be scheduled for 30 days from now,
Attv Perkins made wme remarks before distributing the proposed amendment_ (His
written notes ire attached_) The amendment is based on the provision of our ordinance that if
an activity or use is not speciFirally permitted it is prohibited. The definition of mining in the
ordinance refers only to sand and gravel mining, not gas and petroleum, it clarifies that the
exploration and extraction for natural gas and petroleum and other activities as defined in the
ordinance are not permitted in any zone,
With respect to the preemption argument, Atty Perkins said the Pnvi ran menCaI
Conservation Law, Article 3 ineral Resources, Title 5, provides that the provisions of Article
23 shall supersede all local laws or ordinances relating to the regulation of the oil, gas and
solution mining industries, bull shall not supersede local government jurisdiction over local
roads. This is the big issue. If it turn s out that state law does in fact supersede what the town
is planning to do, that is the end of it. There are two bills pending in the legislature, 53472
and A3245, which would amend that language to make it conform to the language that appears
with respect to sand and gravel minis, which would specifically allow towns to say where they
could be located. Those bills are sitting in the committee for environmental conservation. If
approved, it puts an end to the PreCmPtion issue_
The
�iCtivities and uses
in this proposed amendment an-% addressed as
land uses, and
the impact
of such uses of
land on the health, safety and welfare of everyone
in the town.
With respect to authority, Atty Per)dns said he thinks it is pretty clear that the town has
authority to enact zoning for this purpose. The extensive resolution being, prepared for
consideration at the time this amendment is voted on will clearly outline the nexus with land
use_ This is a regulation of land use under the zoning pmvers of the town,
Town Law §251 provides "for the purpose of promoting the health, safety, morals or the
general welfare of the community, the town board is hereby empowered by local law or
ordinance to regulate and restrict" and con tin ues *the location and uses of buildings,
structures and ]and for trade, industry, residence or other purposes",
Town Law 9262 provides the town board may divide the town into districts of such
number, shape and area as may be deemed best suited to carte out the purposes of this act,
and within such districts it may regulate and restrict the crection, construction,
r(=nstruction, alteration or use of buildings, structures or land. Those arc zoning powers.
In addition, the Municipal Home Dole Law gives the board authority by local la %v to
enact local ]laws for proteotion and enhancement of its physical and visual environment, the
government, protection, order, conduct, safety, health and wellbeing of persons and property
therein. This provision includes, but is not limited, to the power to adopt lot:al Juws for
regulation or licensing of occupations or businesses. Atty Perkins said he thinks there is
plenty of authority_
Ire terms
of due process, unless you
are dealing with a use in a
protected class where a
heightened or strict
scrutiny is required, the standard the hoard must
meet is only that the
regulation must
be rationally related to the
legitimate gavernmental interest. There is a strong
Page 12 of 14
TB 6.15 -1 t
presumption of constitutionality of local land use regulations. Those attacking Chem have s
very heavy burden to show that they are not constitutional_ Businesses or industries that are
prohibited by this amendment arc not in a protected class. The findings in the draft resolution
outline and elaborate on the legitimate governmental interest served by the proposed
amendrrnent - the protection of the health, safety and welfare of the residents of town.
Atty Perkins said this is not a regulation of business, but a regulation of land use, and
he believes the resolution shows clearly it is related to land -use irnpacts.
He said the board has heard much about uses called )Frew Run and Gernatt. The
people who brought those cases followed a similar approach, and read from the Gernatt Asphcdf
u_ Toarm of Sardinia. decision (a Court of Appeals case in .1996)_ The court is tallying about the
Frew Run case which it had decided earlier. °In Frew Run we distinguished between zoning
ordinances and local ordinances Chat directly regulate mining activities. Zoning ordinances, we
noted, have the purpose of regulating land use generally_ Notwithstanding the incidental effect
of local land use lruws Upon the extractive mining industry, zoning ordinances are not the type
of regulatory provision the Legislature foresaw as preempted by the Alined Land Reclamation
lain; the distinction is between ordinances that regulate property uses and ordinances that
regulate mining activities.' Atty Perkins said this is an important distinction to keep in mind;
the town does not want to go near regulating mining activities. In concluding, the court said
"...we conclude that the Relined Land reclamation Law does not preempt the Tomm's authority
to determine that mining should not be a permitted use of land within the Town, and to enact
a.rnerndments to the local zoning ordinance in accordance with that determination."
In talking about exclusionmy zoning, the Court went on to say "We have never held,
however, that the Biexen son test intended to permit a municipality from improperly using their
zoning power to keep people out also applies to prevent the exclusion of industrial uses_ A
municipality is not obligated to permit the exploitation of any and all natural resources within
the town as a permitted use if limiting that use is a. reasonable exercise of its police powers to
prevent damage to the rights of others and to promote the interests of the community as a
whole_"
Atty Perkins said there are clearly many different possible approaches to this issue.
One is to def ne high impact industrial uses and draft the ordinance in such a way that it
encompasses the - activities outlined in what we %pe, presented. This approach involves a broader
issue of how to define that use, and examining all passible uses and scenarios that could be
covered by that definition. He said there is a substantial risk of a definition being overly broad_
To avoid this there needs to be a camftul study of all scenarios that fail under that definition,
and this is difficult, if not impossible, to do in a short period of time_ There is also a risk of
being undcrminclusive (banning land use effects in some circumstances but not others), if a
town bans only one, but not all methods of gas drilling, it is risky because it amounts to
regulating the industry (how the drilling can be done) . If there is a new high impact industrial
law, it does not provide as strong an argument agairnst a potential use variance application acid
takings claim. On the other hand, if activity which we are clarifying has allways been
prohibited, entering into ail and gas leases results in a self - inflicted difficulty which makes it
impassible to get a use varia-nce.
Our zoning ordinance does not currently allow high impact industrial utses_ We could
as pert of reworking the ordinance and our new local law, add provisions and definitions
related to high lmpact use. Atty Perkins said that proposing the amendment before the board
does not preclude that. He has worked closely with attameys for the Towns of Ulysses and
Ithaca on this issue, and they have all dej;ided to proceed 1n a similar fashion as the result of
that collaboration. They believe this approach is the most defensible and presents the
opportunity for the good faith argument that towns are not preempted from enacting local land
Page 13 of 19
TB 6 -15 -1 1
41 use regulations which do not relate to the regulation of the oil, gas and solution mining
industries.
Atty Perkins said the definitions in this amendment have been expanded to include
petroleum exploration and a new definition of natural gas and /or petroleum support activities.
They have added as a prohibited use: "No land in the town shall be used for natural gas and for
petroleumn support activities." Adoption of this amendment will be subjert to SEAR and
review by the County Planning Department,
upv Sumner read the prohibition& as presented to the audience, She said the
amendment will be adapted with a very lengthy resolution explaining why we think this is
necessary,
The resolution was introduced, seconded and discussion followed-
Cl Solomon suggested "natural gas and f or petrokearn° be used consistently throughout
the amendment_
C1 Leifer Said this is a really good lust step. He would li ke to see reference to heavy
industry stuff added in the new zoning law,
Cl Leifer said he has. observed the process in western Pennsylvania because fracking
has been going on a lot longer themo_ He visited Latrobe, Derry, and talked with planners in
Westmoreland County about what's happening_ He observed two wells in the process of being
fracked_ One was in between a trailer park and townhome development. He mw a runoff from
a pad that was going into a local stream. In Pennsylvania, the regulaton is being done by the
state, Some towns are trying to enact ordinances to have a little bit more of a say_ Iri lint
P1eas2mt when they started to discuss a change in their zoning ordinance, Range Resources
&aid they would pull out and stop spending any money in the town. If they don't get what they
want, they will pack up or go home.
He said in his mind, this will at a minimum protect the town, but if the state decides to
try to rollover all towns, it will give us a bargaining chip, if it turns out that use can't do as
much as we thinly we can because the state eventually takes peer, they know they will actually
have to deal with us. ldcw YoFI€ is not like Texas where localities have the authority to regulate
gas drilling_ They can do setbacks and such, but they still have problems- The gas companies
PL
ck places to drill that border residences in towns that haven't done anything to protect
themselves. That's the predominate stag of affairs of the towns in Pennsylvania_
Cl Leifer said the NY° legislature'ti failure to make it clear what they intended, gives
towns on opportunity to put their stamp on this so that folks know that we intend to take care
of ourselves, make i5ure our emironment is protected, and we aren't going to let them run
roughshod over our town_ Property rights that people have mnentioned are not just for folks
who want drilling to occur. There's also the people who have no financial stake in this other
than the value of their houses. They have property rights, too_ In the end, even folks who are
pro drilling will look at the towns who enact ordinances like this which, in effect are a
moratori un because any of these laws that are passed can be changed in the future, will look
at it as a good thing, This is not going away and will be with us for a very long time_ It doesn't
go away with Mascellus. There is Utica shale_ it doesn't go away even with Trenton Black
River wells because of the technique some of the companies are rising with those wells now
that involves horizontal drilling and slickwater fracking. The state could mmoke things a lot less
scary for folks if they give towns a lot more pourer in this whole thing in the first place. We
have to take care of things in the way that we can right now so that Dryden is not adversely
affected for generations to come, This is a good first step and well continue to improve it as we
can and go forward.
Page 14 u]A 9
IMA 6-15-11
upv Sumner said it i worth noting that this new technique of slickwater fra,cking in
horizontal shale formations was developed irn Texas in the mid nineties and came to
Pennsylvania only a short time later. They didn't have time to prepare for it. We at least need
to benefit from their horrible experiences - She said she knows it is not all bad and there arc
wells that are inconspicuous and not damaging and nothing goes wrong. But there have been
enough mistakes and enough damage for us to want to say 'wait". When the final GFl S tomes
cut, we can evaluate the controls that the DEC is going to be able to pul. in Place. We need to
establish a much better working relationship with the DEC- But we're not turning our backs
on it- ft's not that we hate industry. It's not that use hate gas or that we don't use gas. She
said NIMBY is a horrible {gray to go about things, She would never say she will use gas but
someplace else, One thing that snakes Dryden a little bit different is that we have an enormous
amount of surface water, wetlands and bodies of water to protect. We're going W protect the
Water.
upv Sumner said the thing that is a little bit comforting is that the gas won't go away.
This is not a one -time opportunity, We may be just as happy to have the gas drilling years
from now when there iz a safer technique available.
The board decided to hold the public hearing on July 2 0 at 7.00 p.m,
A member of the public asked whether someone could apply for a variance if they
wanted to engage in fracldng and was told na. This is an absolute prohibition„
Ol Stelick said he wants to make it very clear that this is an amendment. to the existing
zoning ordinancer It is not an addition to the new law at this time. Right now he is not
prepared to vote for tht current new law as it stands. This amendment to the current
ordinance wiU give us time to discuss it further and to protect ourselves with the July 1 date
loorni.ng. Bruno was talking about taking time, and Jason hit it on the head by saying that a
ban is really a moratorium withoat an expiration date- Arty future boards can change it or
make it go away-
He said he feels the most important asset that we have in the ground isn't gas, it's
water. With everything that's going on that water is more valuable. If it is exploited now, it's
gone and won't corn back. Charlie Hatf eld said it best, and common sense tells him that we
take, our time. The only way to do that is to set up a defense, If we do nothing, we are aaking
for trouble because all you have to do is follow the money. There's a lot of money to be made
here. There will be a shorn term financial gain for a few. There's a long term possibility of pain
for rnatny-
Ol 9telick said his family has been in the Town of Dryden for 90 years and he has
children currently living in the town. He knows many people who spoke for and against this -
This isn't a political decision. This is a decision that's made on common sense, and his
common sense tells him that we n€;ed to take our time and we treed to put up a defense. We
are a small community with limited assets, and he is not going to sign off on that. The legacy
that he looks at is that he wants thil& town to at least have taken our time on this. The only
way to do that is by defending it, Atty Perkins and C1 Leifer have put a lot of time and effort
into this. It is not about Caking anybody's rights; it's about giving everyone equal say, Right
now the money is not for equal say, it's for gas explcrotion. He is not prepared at this time to
go for that - Long term, in tallying about the new zoning, he is also not prepared to put it in the
new zoning. There will be opportunity, but at this time, that's what he has to say about it,
R Szymanski, asked whether the board was aware that we get 40" annual rainfall and
that our freshwater is based on annual rainfall. It is noll a static condition, Our Fresh water is
Page 15 j 1')
TH 6 -1i -11
replenished annually, He asked Atty Perkins and Cl Leifer if they can define this prohibition in
any other way than a confiscation of landowner's wealth.
Cl Leifer said it is a protection of the health, safety, and welfare of the town_
Supv Sumner said that is not a debate they want to have now. The landow-nor still
owns the mineral rights.
Cl Makar said a few things have happened on the five years he has been on the board_
One is that if you have a clean, safe, fair way to get to this that does not impact your neighbor,
[ think we are going to go for it. But we do not have a clear, safe way and it hasn't been
developed_ Therr's a lot of things that we hadn't developed, them we did over thousands of
years, It took tune. There is not a big rush to do this right now in a bad, had way. When we
first heard about this there was a land man who cause to the town and said the town has 144
acres of land and let's sell you something. He wanted to give the town $14,400 for mineral
rights. They came back month after month and he said 'The town will be rich. You will drill so
much gas here the tout will be rich, and because you're scared of what it could do, [ tell you
we will never drill. in Dryden. Therr's not enough gas here." That's what they said to hundreds
of his friends and neighbors. "Don't worry aboull the pollution, the danger, the trucks. Well
never do it. But you will be rich when we do it" The town board four years ago said: "Tlo sale.
That doesn't make any sense, We aren't buying that-' As a town board member representing
people in this town, you can't make me rich and then tell me, 'Don't worry; we're never going to
drill here; we won't pollute you' at the same dMe. That logic doesn't make sense.
R Szymanski asked if the board knew that there are 13,000 active wells in New York
Statr_ Supv Sumner said yes, and they know a great deal about the differences between those
wells and what is being proposed now,
M Robertson said every fracking event requires 5 million gallons of fresh water_ Eighty
to ninety percent of that stays underground, What comes back is contaminated forever and
not just by heavy meta)`, but by salt because that's what the formations are underground. If we
cogold get salt out of water, the world wouldn't have fresh water problems_ If this is supposed
to be cleaner enerV, that's impossible_ It's called consumptive use of water. The DEC has
failed to do the math that says if we had X number of wells in Tompkins County times 5 million
gallons of water per fracking event, what is the cumulative effect of that. She doesn't think
desertification is a long stretch.
Supv Sumner said them. i8 a lot to talk about and we will be talking about it for months
to come. She will try to share more of the board's research in tho Dryden newsletter and on
the website. It's a tough issue and they will have to talk about it a lot_
An audience member asked what would happen after the public hearing and when this
might actually take effect_ Supv winner said they have to take into account whatever they
learn at the public hearing. it is possible that if there is no new information and if board is
satisfied after public comments, they can vote on it that night, It will require, a. BEQIR and the
environmental planner will prepare that, County Planning will review it and comment_ Those
things will be made available on the web, The board will hear public comment at the public
]gearing next month and consider them and deride, Deciding can mean a vote or tabling the
matter or other options_
RESOLUTION #115 (2011) - INTRODUCE AMENDMENT TO ZONING ORDINANCE
PROI ISrr NATURAL GAS AND / OR PETROLEUM EXPLORATION AND EXTRACTION
isSupv Sumner offered the following resohition and asked for its adoption=
Page % „r1y
T8 6454 1
RESOLVED, that the Town Board hereby introduces the fol lowins amendment to the
10 Town of Dryden Zoning Ordinance, and schedules a public hearing for July 10 , 2011 . at 7:QD
p.m:
The Tawn of Dryden Zoning Ordlinanve is hereby amended as follows:
1. Appendix A (06nitions) is amended by adding new definuians [o read as fallowsm
"Natural Gas" shall mean any gaseous substance, either combustible or
noncombustible, which is produced in a natural state From the earth and which
inaintaims a gaseous ar rarifed state at standard tempt.raature and pressure
conditions, anTor gaseous Mrnpoments or vapors occurring in or derived from
petroleum or other hydrocarbons,
"Natural ('was and/or Petroleum Exploration"
shall Ir,can
geologic or
geophy:aical activities
related to the search for natural gas, petroleum
or oflier
subsurface hydrocarbons kncludkna prospecting
geophysical
and geologic
seismic surveying and
sampling techniques, which
include but are
not limited 14
care or rotary drilling
or making an excavation in
the search and
evaluation of
natural gas, petroleum,
or other subsurface hydrocarbon deposits_
"Natural Gas and/or Petroleum Exploration and Production Materials" shall
mean any solid, serni- solid, liquid, semi - liquid or ga5cous material used in the
exploration or extraction of natural gas,
Cc Natural Gas Exploration and/or Petroleum P
garbage, refuse, cuttings, sludge, Flow -back
discarded materials, including solid, liquid.
material that results from or is associated
extraction of natural gas and/or petroleum_
roduction Wastes" shall mean any
fluids, produced waters or otller
semi - solid. or contained gaseous
with the exploration, drilling or
"Natural Gas and /or Petroleum Extraction" shall mean the digging or drilling of
a well for the purposes of exploring for, developing or producing natural gas,
petroleum or other subsurface hydrocarbons,
"Natural Gas anti /or Petroleum Support Activities" shall mean the construction,
use, or maintenance of a storage or staging yard, a water or fluid injection
station, a water or fluid gathering station, a natural gat or petroleum storage
facility, or a natural gas or petroleum gathering like, venting station, or
compressor associated with the exploration or extraction of natural gas or
petroleum.
2. Article X X I (Miscellaneous) is arnend�!d by adding a new Section 2104 to rend as follows;
"Section 2104. Prohibited Uses,
(1] Prohibition against the Exploration for or Extraction of Natural Gas and/or
Petroleum.
No land in the Town shall be used: to ccmduct any exploration for natural gas
and /or petroleum; to drill any Well for maturaE gas and/or petroleum; to transFur,
store, process or treat Tkatural gas and/or petroleum; or to dispose of natural gas
and /or petroleum exploration or production wastes; or to erect any derrick,
building, or other structure. or to place any machinery or equipment for any such
purposes,
Ns�17 (if 19
-ra 6M 1 s -1 1
(2) Prohibition against the Storage, Treatment and Disposal of Natural Gas and /or
Petroleum Exploration and Production Materials,
No land
in the Town
shall be used for:
the storage, transfer, treatment and/or
disposal
of natural gas
and/or petroleum
exploration and Production inaterials_
(3) Prohibition against the Storage, Treatment and Disposal of Natural Gas and/or
]petroleum Exploration and Production Wastes_
loo land in the Town shall be used for: the storage, transfer, treatment and/or
disposal of natural gas and/or petroleum exploration and production wastes_
(4) Prohibition againstNatural Gas andlor Petroleum Su pportActiAties-
No land in the Town shall be used for natural gas and/or petroleum support
activities.
(5) Invalidity of PeTmits,
No permit issued by any local, state or federal agency, commission or board for
a use which would violate the prohibitions of this section or of this Ordinanuo
shall be deemed valid within the Town_„
3. The introductory paragraph of Subsection
Stefick
I of
Section 806 (Quarries
and Excavation, "Topsoil Removal) of
Article XHl (DISTRICT REC�UL.ATION:
R -C
WNES) is amended rc read as follows:
"!. The Town Bvard may authori; the issuance of b special pertrtif for the
excavation and sale of topsail, sand, gravel, clay or other natural solid mineral or
vegetable deposit, or the quarry M41 of any kind of rock forination in the RMC and
R -D Zones only_ No sand or gravel or other excavation operation, except a
topsoil removal operation, shall be conducted on land of less than 20 acres in
area. The Town Hoard must be guided by the public health, safety and general
welfare, not only of the citizens of the Town aF QTyden, but of any other
municipality, and must give particular consideration to certain factors as
follows;"
4. These amendments shaJI take effect upon adop[ion and publication as provided by law_
2nd l heifer
Roll Call Vote
CI
Stefick
Yes
Cl
Solomon
Yes
Supv Sumner
Yes
CI
Mahar
Yes
Cl
Leifer
Yes
upv Sumner said the board had reviewed an agreement with the Towns of Ithaca and
Ulysses tact week essentially maintaining attorney/ client. ptiviiege between the three attorneys
and any conversations they might have with the municipalities that are not their own_ The
other attorneyP5 have been very helpful and forthcoming and this will help protect their
conversations among themselves,
R COMMON #116 (20 11) — APPROVE CONFIDENTIALITY ADD ,.FOIINT
Page 18 of 19
TB fa -I5 -IJ
DEFENSE AGREEMENT
Ol Leifer offered the following msoWtion and asked for its adoption-
RESOLVED, that this Town Board hereby approves the Confidentiality and Joint
Defense Agreement with the Town of Ithaca and Town of Ulysses and authorized the Town
Supervisor to execute the same.
2^qJ C1 Solomon
Roll Call Note
Cl
Stelick
Yes
Cl
Solomon
Yes
upv Sumner
Yes
Cl
Makar
Yes
Ol
Leifer
Yes
upv Sumner said the board bad heard from Etna residents and postal employees
about the possible closing of the Etna past office- C1 Solomon has drafted a letter and shared it
with the board, asldng the postal service to continue to operate the Etna post office, Supiv
Sumner asked the board to authorize her to sign and mail the letter-
RESOLUTION #117 (20111 - AUTHORIZE LETTER IN SUPPORT OF ETNA POST OFFICE
Ol Makar offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves the letter to the Edward Phelan, US
Post Office District Manager, in support of the continued operation of the Etna post office, and
the Town Supervisor is authorized to execute and mail said letter.
id C1 Leifer
Roll Gall Vote
Cl
Stelick
Yes
Cl
Solomon
Yes
upv Sumner
Yes
Ol
Makar
Yes
CJ
Leifer
Yes
Supv Sumner encoi�raged the audience to email comments to the board.
C1 Leifer said the 'hrne Warner issue is rearing its head again, T COG may get toums to
work together to negotiate with Time Warner, In the mcanti.me, some residents have expressed
interest in helping the board move forward and have offered to make their case to the public
service commission, He would like to invite thein to the next agenda meeting, and possibly
form a committee,
There being no further business, on motion made, seconded and unanimously carried,
the meeting was adjourned at x:45 p.m-
Respectfully submitted,
�57 6
6ambi L- Avery
Town Clerk
Nt: 0 Uf 19
Dryden Town Board Meeting
Dryden Town Hall
93 East Main Street
Wednesday June 15, 2011 7:00 PM
1. Call Meeting to Order
2. Pledge of Allegiance
3. Roll Call
4, Public Hearing
S. Citizens Privilege
6, Town Clerk B Avery
a. Approve Meeting Minutes for May 11 and May 18, 2011
7, Highway Superintendent /Dept Of Public Works 1 Bush
8, Recreation Department M Bianconi
a. Infrastructure Grant recommendations
b. Recreation Masterplan
9, County Briefing County Rep
10, Planning Department
11, Engineering A Sciarabba
12, Attorney M Perkins
13, Unfinished Business
14. New Business
a. Resolution to appoint K Gehring to TC Youth Services Board
b. Resolution authorizing Supervisor to sign Agreement with Towns of Ithaca and Ulysses
c. Cortland Road Water District Map, Plan and Report
d. Introduce Proposed Amendment to Zoning Ordinance and schedule Public Hearing
15. Committee Reports (3 minutes or less each, please)
a. Emergency Committee
Sumner /Stelick
b. Finance Committee
Makar /Leifer
c. Personnel Committee
Stelick /Leifer
d. Loans and Grants Committee
Makar /Leifer
e. Technology Committee
Makar /Leifer
f. Infrastructure Committee
Solomon /Stelick
g. Recreation /Youth /Community Centers Committee Stelick /Leifer
16. Future Agenda Items
17. Executive Session (if necessary)
The Next Abstract and Agenda meeting Wednesday, July 13, 2011 at 7:30 PM
The Next Town Board meeting, Wednesday, July 20, 2011 at 7:00 PM
7
b -15 -I1
SPEAKER SIC N IN SHEET
If you sh to address the Board under citizens privilege of the Boor phase sign
in below. Speakers will be limited to a maximum of three minutes. Please provide the
Clerk with a vrTitten summary of your statement.
Name
Address
fJ
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Neat
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6 -t5 -II
SPEAKER SIGN IN SHEET
If you wish to address the Board under citizens privilege of the floor please sign
in below. Speakers wall be limited to a maximum of three minutes. Please provide the
Clerk with a written summary of your statement.
Name
Address
I n g �� ao
G
Tewn of Dryden
Town Board Meeting
June ].5, 2011
Name - {Please Feint
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4 Iea n R. G OrrvLcty\
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Address or Board
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Twn cf Dryden
Town Board Meeting
40 June 15, 2011
Name,4l'easririt }address or Board
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Town of Dryden
Town Board Meeting
June 15, 2011
Name - {Please P'i-inti Address or Board
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fl7 {4 "'12051 11;69;28
MONTHLY REPORT OF SUPERVISOR
TO THE TOWN BOARD OF THE rj,0 'n of 1)r }'defy:
at rsuant to Section 125 of the 'l'o'an Law, Y hereby render the following detailed ;tateiaent
all moneys receaveci and disbursed by me d lripa `he 3Ro1Lth of Junef 1 1:
DATED; July 7, 217[
5[
Balance Balance
05131/2011 Increases DecreaSOS 06/30/2011
A GENZRAL FUND � T•OfI+rNWIDE
C?t5:: - U}3PG'KING
3,175,37
00
29r 469,
2972195.32
2 9 r 469,
26
257,4:15.85
9, 785,01
CASH - SAVINIGS
2rv18.8f
3r 373,
CAS} - SA'%!INGS
596,136,30
395, 775 -?D
14,510.89
PETTY CASs - POSTt:6E
109 3 -19
297,193936
G,vSI
285,515,83
97
1„ 152.77
CASH IN TIME DFP�=S - CD
1,a76,90'r60
923,800,35
32,642.55
0 -00
59,755.94
0900
12075,90
-7 ,60
BETTY CAS::
CC'0 -
04
0 .
00
0.00
600 ,
00
PETTY CASH - POSTt:GE
+1 ,
67 3 -
17
6 .
C113
1 ,
6 9 � -
b0
21
991 ,
17
DPW Zgglipment Capl-�al Reserve
34,298,90
0.00
0 -00
34,248.90
Town Buildings Caaa,tal rtaserve
50r000,00
0L0
0 -00
50x010.00
Recreation Capatnl Reserve
3Ghr530,11
O.Ou
0 -04
30�r830.11
General Caaata1 Reserve
50rG0u,00
O,C0
17 -06
5%7rC100.00
TOTAL
2,019r613r45
281r706921
996,34;,21
1,605r''02,45
DA HIGHWAY TOWNWIDE FUND
C:AS[Il - C1'[ECI{INC
n _
00
sl r
753 r
ell
91,
753 ,
41
0,
OCR
CASH SAVINGS
1 „349,13
",94
1,991,
-91
91,7~3191
1,259,376r14
HIGHWAY E UTPMENT CAPITAL REST,
378r97
",83
1, 56
A.5
0.00
3j? 9 ,133r98
TOTAL 7 28r11J,77 93,901.4 163, 5Q 6,82 1,639,510 -42
S GZMERAL - OUTSIDE FUND
CASH - GH=,ICFIKIG
09
00
29r 469,
26
2 9 r 469,
26
0-00
9, 785,01
CASH - SAVINIGS
131„ g2;1. -16
3r 373,
9U
2D,469,26
395, 775 -?D
PETTY CASs - POSTt:6E
109 3 -19
G,vSI
826,
97
1„ 152.77
TOTAL
923,800,35
32,642.55
59,755.94
356,577.57
UB HIGHWAY OUTSIDE F7JND
CASH - C::ECKING
C.rtS:: - S5AVTNGS
TOTAL
SFl- DRYDEN FIRE DISTRICT
CAsn - SA ;SINGS
TOTAL
SLl- VARNA LIGHTING•DISTRICT
CASH - CHeCKING
C21SH - SN% INGS
TOTAL
0-00 ",826566.02
2,378,fi75.65 150,72.16
2 r 378 r 17;5 , 6'
350r176,98
229,380.18
1, 39.5.80
3500 176,98 1,395,80
;1,
09
507,
19
5,2?1,23
5011 -3,9
1,
v7
5r 291, 23 509,16
76,666.02
76,556.02
15-�, 3336,04
0.00
0,00
2,450,219, -79
2, 450, 219, -79
351,572,76
0 -00 351,572,`x8
507 -1,9
0,00
5011 -3,9
9, 785,01
1,U14.38 4, +86.'1
Page 1
MONrriii..yr REPOW14 Or SUPERVISOR
Balance Balance
0513if2011 Increases Decreases 06130/2011
IsSL2- ETNA LIGHTING DISTRICT
CA$� CHE XTNG 0.Of) 912, 3? 4i2.33 0100
CASH - SA'd?tJGS 3,931,61 1, §v 512,33 3,570.79
TOTAL 31951.61 913175 8 4,65 3,550 -74
SL3- MEADOW %LEISURL LIGHTING
CASH - CHECKING 4.00 382, 61. 38.2 , 61 0-00
CASH - SAVING8 31493-06 1 , 28 a
362.c1 „r111 -73
TOTAL 3,993.06 383,83 765 -�2 3,111,73
Sri AMBULANCE DISTRICT
LASH - SAVF`J,S 2;5,897.;5 11B -,1,9 0.04 266,06+6.14
TOTAL 286,847.95 118,14 Or 00 286+966.19
SSl- SAPSUCKER SEWER - UNITS
CASH - C'HECKING 0,00 1;1 „220.00 11,22C1r00 Q -00
CASH - SAV,T,NGS 57,017.93 18.67 11,220,00 95,616 -8Q
TOTAL 57 r 01x7 - 03 11, 238.87 22, 440, r?O 95, 816.80
SS2- VARNA SEWER UNYTS
Ca511 - CHECKING 0 -00 1,254.29 1r250,2d 0100
CRSH - S.z�VINGS i80r714.Bt3 227 -23 1.250 -2q 179r691_$7
TOTAL 1.80,714,88 ;1.,477.97 x0500.98 179, 1691, 137
SS3- CORTLAND RD SEWER
CASu - CHSCRING 0,00
209.73
209.73
0100
CASH - SAXTINGS 2-11160,69
97r34
209,73
211,531,30
P03T -AGE 56 r
00
0100
0,
00
56,00
TOT'I.L 21.1,699,69
377 -07
41 "s -46
211'FB7
-30
SS4- MONKZY RUN SEWER
CASH - GHECKINC 0, O' 898.65 898 -65 0.00
CRS:. - SRIf:NGS 193,821,03 -�29.2y 896.65 1930~52.62
TOTAL 1.93:827.03 1r622,89 1,757,30 193,652,62
SS5- TURKEY HILL SEWER
CFsSH - CHECKING 0 -0u 235,04 295, ?9
CASH - SAVINGS 3,61 +983.75 66,62 295,09 ].61r755.3?
TOT r'.L 151, 963,75 361 -C6 35[1.08 161, 7� x,33
SS6- PEREGRINE HOLLOW SEWER
COSY - CHECKING G,00 36.84 36. B0 O0
CASH SAVINGS "s6,635.5 39,80 36,80 96r633.3h
TOTA.,T, 50, 635.51 76-60 73.5 }
SS7- ROYAL ROAD SEWER
Page �
M ONTHLY RUORT OF SUPERVISOR
Balance Balance
0513112411 increases Decreases 46/30/2011
0 CASH - CHEC MIG 0,00 308.34 308.39 0.00
CASH - 18, 288.0 7.41 308.3/ 17, ?7.11
TOTAL 165r288.04 311,5, 7v 6i6.68 17, 987. 11.
SW1- VARNA WATER
CMH ° CR2CKT,NG 01,30 1r 505 -01 10 50x.04 0100
CASH - SAVINGS 357,579.26 146.71 1,505.04 356,715.93
TOTAL 5�.57A,2'n sr651,J�v 3,010.08 356,215,93
SW2- SNYDER xzLL WATER
CASH - CHECKING 01,30 7,97.7[ 197.74 0.00
CASH - SAVINGS 73,972.45 83.35 157.74 73,85$ -06
TOTP�L 73,97 ,4~ 261.09 395,98 3,65E -06
SW-3- MONEEY RUN WATER
GF�SH LL CYI�CFTNG t7 - O , 066 , 98 2, 0 f f . 98 0 . GO
CASH - SAVINGS 213.041.59 1,0160,31 2,066,98 23.4,035,32
TOTAL 2;1,5.041 , 99 3,12'1,29 §r133,96 219, 03v, 32
SW4- HALL ROAD WATER
CASH - CHEw7IPG 0100 '99,62 395.62 {J,00
CF1F�H - SAVTNGS 29, 80,10 1h -90 399.62 26,E92.58
TOTATs 29,280.30 411.62 79.24 28,892.58
SW'5- TURKEY HILL WATER
CASH - C';iFCKING {,00 515.69 515,69 x,00
CASH - SAV,TNG3 2;1. ?, 230.47 $9.29 51x 1 89 216, vGA , 0?
TOTAL 2 7, 230.4 601,98 1, 037. _ 39 27 6, 809.47
SW6- ROYAL ROAD WATER
CAS:: - CHEGHiNG 0. 1+11 202-5q 202,34- 0100
CA$H w SAVIN.;S .^)3,834.95 13.B$ 202.54 33,CC96,29
TOTF,L 33, nl .95 ?1, 6, 42 405,08 13F696-29
CO REBAHILITATION LOANS AND GRANTS
CAS: - Ci{ECFING 1, 65,01IE _(is 5,?35,14 4,00 170,$51,i9
TO`1'�1L i65.416,ri, 5,235.19 t}.CIO 170,851.19
TA AGENCY FUND
CASH - TRUST S AGENCY-
TOT AL
HB CORTLAND ROAD SEWER BAN
G.�6SH - 97iVINGS
TOTAL
7,=)76,91
197,299.29
192,799.29
192,253 -4E
192,253.4$
7,427.72
7,422_'12
24,798.65 0.00 0„?O 24,7E,65
24.79B.fjv 0.40 0 -MU 24.;98.65
Page 3
MONTHLY REPORT OP SUPERVISOR
Balance Balance
05/31/2011 Increases Decreases 06/30/2011
HE CAPITAL FUND - BARN
0 CASH - SAVINGS
TC.TF.T.,
HF CAPITAL FUND - FPIG
CASH - SAVINGS
TOTE L
TOTAL ALL FUNDS
.0,244.96 12.46 cl,00 30,2533.42
.'.0,244.36 12.46 Q.00 30,251.42
95,336.11 39.28 0.00 95,375.39
95,336.11.
"39.26
0.00 95,375.39
9,369,419.98 860,530.85 1,1301026.07 9,099,924.79
Page 4