HomeMy WebLinkAbout2012-01-18 T13 1 . 13- 12
TOWN OF DRYDEN
TOWN BOARD MEETING
January 18, 2012
Present : Supervisor Mary Ann Sumner, Cl Stephen Stelick , CI Joseph
Solomon , Cl Jason Leifer , CI Linda Lavine
Elected Officials: Bambi L. Avery , Town Clerk
Other Town Staff: Mahlon Perkins, Town Attorney •
Kevin Ezell , Code Enforcement Officer
Supv Sumner opened the board meeting at 7 : 05 p . m . Board members and guests
participated in the pledge of allegiance.
PUBLIC HEARING
PROPOSED AMENDMENT TO
TOWN OF DRYDEN DOG CONTROL LAW
Supv Sumner opened the public hearing at 7 : 08 p. m . and Town Clerk B Avery read the
public notice published in The Ithaca Journal on January 6 , 2012 . This local law would
amend Section 5 regarding responsibilities of the owner of a dog in season (heat) . CI Stelick
thanked the Clerk for the time and effort on this. There were no further comments from the
board or the public. The public hearing was left open .
PUBLIC HEARING
PROPOSED AMENDMENT TO
TOWN OF DRYDEN SEWER DISTRICTS SEWER RENT LAW
Supv Sumner opened the public hearing at 7 : 10 p. m . and Town Clerk B Avery read the
public notice published in The Ithaca Journal on January 6 , 2012 . This local law will raise the
sewer rents for all districts in the town utilizing the Ithaca Area Waste Water Treatment Facility
to $21 . 53 per 10, 000 gallons (billed quarterly) . There were no comments from the board or the
public and the hearing was left open .
CONTINUATION OF CONSIDERATION OF DESIGNATION OF
CRITICAL ENVIRONMENTAL AREAS
Supv Sumner said she has received about. 50 email comments today regarding this.
She has distributed to the audience copies of a memo from Dan Kwasnowski regarding the
CEAs .
Cl Leifer explained that designating Critical Environmental Areas adds another tool to
the SEQR process and will require another level of review by the board . He noted that
stormwater controls have to be considered for any land disturbance of more than an acre. The
percentage of CEAs that is state forest land is 9% . That land is critical anyway and the town
has no control over state property. The CEA designation only affects projects that require
SEQR .
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• Joe Wilson - thanked the board and town staff for the hard work put into this
document:. He said the balance of benefit with additional burden has been done successfully .
Having reviewed it, he supports what was designated as CEAs and hopes it passes.
Henry Kramer - said one of the problems with law , is that unless terms are defined
with some specificity, the law tends not to be valid . Recently the board passed something
about heavy industry and the term heavy industry is not defined in NYS law and without a full
definition , people don 't know what it is. He is concerned with what the word "critical" means
and said the definition of CEA is vague . When looking at the map of defined CEAs , a fairly
substantial portion of the town is CEA. He said the term critical should be looked at like a
critical patient, something unusual , rare or something in peril . He suggested the board look at
this again with an eye toward having only 5 - 1. 0% of the town designated as critical because he
finds it hard to believe this much of the town is critical .
Supv Sumner said critical is a term used in the state environmental quality review
process . In the material that accompanies the town 's designation of CEAs, it describes pretty
clearly the criteria that were used to designate the areas . They have to be called critical
environmental areas to be accepted by the state process .
H Kramer said he thinks the State regulation has been written in such a way that if so
much of the town is critical, there is something radically wrong.
Bruno Schickel said it seems like his fundamental question has not been answered
yet . The question is where is the problem this law is trying to address?
Supv Sumner said in the SEQR review process there is a question that says does the
® area under consideration include any critical environment areas. So far the town has only had
UNAs to work with and they are not recognized by the state as critical environmental areas .
The board feels it is important to identify these areas you would want to take a second look.
13 Schickel said nothing prevents you from taking a second look now . When he
attended the presentation by the Conservation Board some people on that board said they
wanted 100% of the town put in a critical environmental area and this 65% was a
compromised position . When you want to put 100% into something, that says they want to
blanket control and regulation over the entire town irrespective of the reality on the ground .
His property on Schutt Rd was included because they like the views and it borders the state
forest. This is getting out of hand . You have got to stop . There is no issue that the town
doesn 't currently have regulations for. You have all the power you need . You do not need
more . This will cost town money to administer and the public to deal with . It is not
insignificant and does have an effect and will cost people money . All special use permits will
force applicants into this process. He sees no reason his land is included in this, and there is
no justification for it.
This is a completely new concept being presented to the public . People know what
zoning is and have an understanding of it. They don 't have an understanding of this . At the
very least, the town should notify every property owner in writing that would be affected by
this. Here you are blanketing 65% of the people in the town and affected property owners have
not been notified . He thinks it is a real mistake .
Marie McRae sent a statement to each board member earlier this week . She read a
statement from Cornelius Drost to the Planning Board saying he strongly supports the
designation of streams and land in the Town of Dryden as critical environmental areas. The
whole of Ithaca and its surroundings is critically dependent on its rural character. The two
largest factors driving our local economy are our Universities and our Tourism . Both would
lose much of their appeal if we won 't steward our environment in a manner under which we
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can present ourselves as guardians of our environment. The appeal to many employees of my
company (Transonic Systems Inc , locally grown to a healthy 140 employees with far more
growth ahead ) is very related to the same rural character : I can attract new employees to our
current rural environment, but not to an environment where new hires will be worried whether
they should need to look into potential health risks for their family and pets because of
controversial land use practices . Companies like mine would have moved to other cities where
seasoned business executives can be recruited from a business across the road (in our case :
biomedical business communities like Boston , Minneapolis , the Research Triangle) long ago if
it were not for the local quality of life here in the greater Ithaca community . Please do not
make us regret our solidarity: Businesses like ours , and the work force in general , vote with
their feet. Your vote to be prudent stewards of the land is critically important.
Lloyd Kimmich thanked the board for letting him speak and said he owns a fairly large
farm in Dryden . More regulations all the time are not necessary. Eight years ago the
comprehensive plan questionnaire asked what you plan to do in the next ten years for
development because we want an overall view of the future. From that a comprehensive plan is
in place that tells him what he can and can 't do , and you treat it as law. Now there is another
plan that 100 people have worked on. You 'll pass it and it will become just like law . You say it
gives you a little more to look onto. That's not the truth and you know it . We should forget
doing this . It 's wrong . Right now I feel like I 've owned land for 40 years and now I have
nothing. Tomorrow you may come and take it.
Diane Kimmich - I get to see all the houses put up around the lake because you people
said it's okay , and now you tell me that if I put up a house I have to hide it . We have a nice
stretch of property that can be seen from just about anywhere in Dryden . I am tired of people
telling me what I can and can 't do with my property . I have been a great steward and have
turned down people left and right who wanted to build. Corning into Dryden on our property it
should say "You are in Dryden - abandon hope . "
Judy Pierpont complimented Town Board members and the Conservation Board and
Planning Board for their thoughtful and thorough work on the important project of critical
environmental area designation . She said "The result demonstrates your collective expertise
and conscientiousness as well as the incredible richness of the land we live on in Dryden—the
variety of habitats and the surprising number of rare species . In studying the maps and
remembering some of the places I have been and others that I have heard about, I was aware
again of how we human beings are situated in ecosystems that we don 't fully understand , yet
which support us and constitute our home as well as the home of countless other species. I
was also aware of how inextricably we are all tied together in a web of earth , air, and water.
"I was most aware of the water. Most of the CEA 's are environmentally "critical"
because of their water resources , both as the medium in which so many organisms at the base
of the food chain originate and ALL organisms depend on for their lives—us included,
obviously. I was happy to see that most of my land at the base of Mount Pleasant, and that of
my downstream neighbors , is in CEA designation # 28 , one of the many areas of headwaters of
Six Mile Creek. Six miles doesn 't seem like a very long creek (maybe it is in fact longer) , but it
is crucially important as the drinking water source for Ithaca .
"I am glad too that this process of CEA designation has made citizens more aware of
where drinking water comes from and for those living near streams and wetlands, where it
goes . Our downstream neighbors depend on us to keep it clean . We don 't own the water and
don 't control the natural processes we all depend on . The only thing we can do is try our best
® not to interfere too much with the natural world that sustains us . We ignore to our peril the
mistakes that have been made elsewhere through contamination , disturbance , and overuse—
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• places where the local ecology no longer sustains life , where residents are no longer able to
sustain themselves locally on their own water and soil . In CEA's , we have a chance to protect
our most important resources . In reading the descriptions of the CEA 's, I was struck by how
many rare flora and fauna we have in Dryden , in part because of the many wetlands and
unusual geology . The rarity of so many species is also in part because so many other areas
have been overdeveloped or have let their sensitive ecological areas become disrupted by
chemical contamination or siltation . The reason we can have what are designated "trout
streams" is that the quality of the water has not been allowed to be degraded and still supports
the needs of fish and the organisms that in turn, support them—down to the tiniest in the food
chain. But most of these cannot tolerate chemicals and other toxins , disturbance causing
habitat change and silting of the water, or changes in the amount of water and rate of flow . 1
thank Dryden for taking this important step . I am satisfied that the CEA's you have designated
will make it more likely that sensitive lands will be properly assessed before development
occurs and less likely that they will become contaminated by spills or leaks , most particularly if
gas drilling should occur in Dryden . "
J Pierpont said she hoped the board would extend the comment period .
Jacques Schickel said he "would like to remind board that we pay the taxes , the
mortgage . There is no good reason for our town government to make a grab for power and
control over our land . It does not belong to you . You 're trespassing and you need to get out ?
Simon St Laurent said "I keep having flashbacks to October. It was campaign season
and you were all discussing zoning, CFAs, gas drilling. These are issues that more of the Town
of Dryden discussed in the past year than I think people in the Town of Dryden had ever
discussed issues in the Town of Dryden . The results in November were astoundingly clear.
® The people who pay the taxes , the people who pay the mortgages, the people who live here,
want their natural areas and especially their homes protected . The CEA plan is part of that
protection . It was discussed , it was in literature , it was in debates, and I think it's a pretty
resoundingly clear answer. I thank the board for taking steps to protect us , and I hope you
continue it. "
Todd Bittner, 533 Ringwood Road , immediately adjacent to Cornell Plantations
Ringwood Ponds Natural Area, which is proposed for designation as a critical environmental
area. He is the Natural Areas Director for Cornell Plantations. They protect and manage
nearly 4 , 000 acres of natural areas locally to maintain their intrinsic natural heritage in
support of Cornell and Plantations educational missions. Within their systems of preserves
there are 19 natural areas spanning 1 , 850 acres in the Town of Dryden and are in areas
proposed as CEAs. These include sites such as McLean Bogs , Slaterville 600 , and Monkey Run
among others . The important ecological and educational value of these areas has been known
for a very long time with conservation efforts going back over a century in several cases .
He is also responsible for the management of Plantation 's Coy Glen Natural Area in the
Town of Ithaca which is part of Tompkins County 's only current critical environmental area.
Coy Glen holds one of our most unique gorges and provides habitat for several rare and
endangered species and habitats. He has firsthand experience relative to CEAs , its regulations
and outcomes . The impetus for the original CEA designation in the 1970s was the threat of
incompatible industrial development in the form of gravel mining that planned to expand , mine
and destroy that natural area . The CEA designation adopted in January 1979 included Coy
Glen and adjacent private property as buffer. It allowed the DEC and the town to take
additional pertinent environmental information into account in future decision making
processes that otherwise would not have been considered .
• In prepare for his comments tonight he reviewed the files on Coy Glen and came across
a January 1979 clipping from The Ithaca Journal on the board meeting for the Coy Glen CEA.
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® Many of the arguments against the CEA 33 years ago are the same as today : property values ,
private property rights , burdensome regulations and the like . He read an example from the
article . 33 years later the Coy Glen region is not a gravel quarry , but a highly desirable rural
and suburban neighborhood for single family homes and small farms . Development has
continued, albeit with additional consideration, protecting the natural area features in the
process . Property values are now equal to or greater than adjoining areas due in part to the
protection of green space and conservation of natural features . The gorge, rare species habitat ,
and water quality have been preserved and property owners continue to use and enjoy their
properties .
T Bittner said in making your decision it comes down to the costs and benefits to the
Town and its citizens. What the CEA designation does is to insure that the potential impact of
any Type 1 or unlisted action on the environmental characteristics is a relevant area of
environmental concern and then it must be evaluated in the SEQR process . In short , it insures
additional consideration is given to notable environmental resources or each CEA in the
environmental permitting process . We are truly blessed to live in a town with abundant unique
natural resources. From our local experience , it is clear that critical environmental areas have
helped inform and balance protecting natural resources with planned use . When critically
reviewed the negative costs from adopting CEAs appear minimal or non-existent, while the
benefits for a more informed decision process seem clearly evident . Let us not take our natural
blessings for granted . He supports the town 's proposed designations of critical environmental
areas, particularly those that include Plantations ' natural areas. He commends the board for
its public service and urges support on the proposal .
David Bravo-Cullen said he supports the conservation of the truly critical and unique
areas as described by Todd Bittner, it sounded like a total of 12 , He also thinks this proposed
document is an overreach and agrees with the people who are against it for the following
® reasons :
o The landowners of parcels within the CEAs have not been contacted and
meeting with them has not been held .
o Adverse impacts likely to occur if the area is not designated as a CEA are not
listed .
o Proposed management plans for the CEA areas are not stated .
o Alternatives to CEAs are not articulated .
o The hardships to the community and the landowners could be reduced if the
size and boundaries of the proposed CEAs are carefully and critically evaluated,
e specially with the property owners.
With respect to the CEA document he had the following comments:
o There is no introduction that explains the purpose of the proposed CEAs
o The descriptions are very generic and non- specific regarding the particular
proposed CEAs .
o The listed threats are also very non- specific and can be summed up by the word
"development" in general .
o The recommended mitigation can be summed up by the words "limited
development".
Other specific comments :
o The old dump on Caswell Road is not listed as a CEA
o Is a field of trillium worthy of being designated as a CEA (CEA # 7)
a What exactly are scarce or rare ecological communities? (That term is used in a
n umber of the proposed CEAs . )
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o The various gravel pits around town are not listed as CEAs.
Ken Miller said he against this because the town already has a lot of regulation that
covers this kind of thing and they don 't need more . They don 't need to go from agency to
agency to get something done on their own property that they feel is necessary . His property
has some flood plain and the CEA he is in appears to be a lot more outside the flood plain than
is necessary . The description of mitigations includes control of timber harvesting. DEC takes
care of that and he knows when to cut a tree and why . There is a sentence that says protect
the areas involving chemicals . He doesn 't know that any of those areas involve chemicals . It
says that transportation of chemicals shall require immediate spill containment. That should
happen anyplace . With respect to excessive use of pesticides and fertilizer, he said he tests for
those types of things and he knows how much to put on . Use of pesticides and fertilizers in
housing developments far outweighs what farmers do . He would like his property removed
from this CEA 4 .
K Miller said he left names of people interested in serving on an ag committee with the
Town Clerk, and Supv Sumner said those had been passed on to the Planning Department .
Doug Barton - His family has been a good steward of property on Irish Settlement Road
for over 170 years . They have used pesticides and fertilizer and are presently organic, using
manure . Their entire property , over 150 acres, is in a CEA classification . They are surrounded
by Yellow Barn State Forest and Hammond Hill State Forest and is the origin of Six Mile Creek .
A few years ago they had an issue with the Health Department and took samples from all the
wells and from the creek on his property. The results were that the water was pure . He also
had a survey taken that told him what he should do now, because what he had been doing for
170 years wasn 't working, and it doesn 't make any sense at all in terms of finances . He said he
hates to be cold , but his concern is not Ithaca. Water has gone downhill to Ithaca for millions
of years . But they were there before Ithaca and he is giving the best he has to them now . He
said he can 't deal with more governmental bureaucracies, rules and regulations . They are
struggling and need new fencing, a roof on the house and barn , and he doesn't need to spend
money to eliminate pasture that have never been a problem . He said he knows he is not alone
in this fight , and is feeling helpless because they are being urbanized . He doesn 't think that
people have a clear view of what it takes to keep the farms going and to feed the public . He
asked the board to reconsider this .
Evan Carpenter said he read the information sheet that ag operations are exempt from
CF,AS . That doesn 't necessarily make him sleep better at night . He doesn 't understand why so
much of town is being put into a CEA . He understands areas like the McLean bogs, but the
whole town is not that unique . When the airport was expanded , Warren Road was redirected
closer to Borg Warner and some old road ditch that was supposed to be paved over was
designated as an environmentally critical wetland . It cost over a $ 100, 000 to move the mud up
to Caswell Road . At the same time the beavers off Route 38 were making 25 acres of
swampland for nothing. It seems ridiculous that government entities try to control what
nature will do anyway. Whether a wetland dries out or a spring pops up , nature changes
things. Humans on this earth are not going to change the whole scheme of things . Leave
farmers alone and let them do the best they can as they have been for generations. There can
be unintended consequences of this designation . For example , several years ago they decided
to improve the water supply of the stream running near their barnyard . They spent 10 to 15
thousand dollars on a plan developed by Soil Conservation to keep barnyard runoff from
polluting the stream that eventually ends up in Cayuga Lake . The first time it rained the milk
inspector was there and said the barnyard was not draining properly . So there were two
government inspectors in conflict with each other, and he said this is what continued
® government intervention will do when trying to micromanage everything. He said let
landowners do what they do best - take care of their land .
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Supv Sumner said she believes landowners doing a good job now will not see any
difference .
Buzz Lavine said he feels blessed to live in a town with landowners and farmers who
are wonderful stewards of the land . The critical environmental designation should not have
much effect on them because their activities are exempt. Their stewardship of the land has
kept our town the valuable environment that it is today . The purpose as he understands it, is
that this is a way of insuring that that kind of stewardship will be applied when proposals are
made by people who want to develop things here . He sees it as a protection into the future that
should not be a burden , but will provide protection from new owners who want to develop or do
various activities that should have another level of scrutiny. It is a financial and economic
boon to have this protection for our land .
Nancy Munkenbeck , Chair of the Conservation Board , said one of the important
aspects is that this is a designation is recognized by the DEC . All the other designations that
we tend to use in our local regulations are not recognized by DEC . In situations in which the
DEC is the permitting agent, all other local regulations are not relevant to them . This is the
only designation that they will be able to review. The DEC is currently working on the revised
sGEIS . When that is passed , that statement will be the environmental impact statement for all
areas of state . And land anywhere in state will not be considered unless it has been designated
a CEA by the local community. For that reason , the DEC wants local communities to describe
CEAs . This is the key they will look at to say when the sGEIS doesn 't truly do the whole job ,
and perhaps they have to look at the particular space again . That was the rationale behind
coming up with CEAs .
She pointed out that there are a number of people on the board who don 't want to
• restrict farming in any way. She understands that people are concerned with the term "excess
fertilizer and pesticide use ? She said when you have alterations to the land as in industrial
activity , the land will need to be refurbished following the disturbance. As part of the
refurbishing, companies frequently use all kinds of herbicides , planticides, fertilizer, etc . These
restrictions on fertilizers and pesticides do not apply to farmers , but are intended for industrial
u se.
Brian Magee said he has over 100 acres on the east side of Schutt Road (included in
CEA 31 ) . A few years ago he put in $90 , 000 worth of fencing and waterways to restrict
livestock from what was considered critical areas at that time . There is a problem up the hill
on Harford-Slaterville Road with Japanese knotweed . He has had pesticide certification for 10
years in would hope that he could take care of it, but this sounds like perhaps another agency
he needs to be involved in . This would be normal application in the field . Supv Sumner said
n ot as a result of this document.
B Magee said he has been there 25 years . He read in the document that you should
hide structures and development by screens. A free is a nice permanent one , but he has
experience where it turned out that trees would restrict his neighbors ' view, and when he
planted trees for a windbreak, he took that into consideration . In another situation in his area,
the neighboring property owners worked out the location of a driveway. He is afraid new
people coming in will start reading the regulations and say this is the way the town says it
should be and there will be a breakdown of communications . He doesn 't feel his farmland
n eeds to be included in this CEA. There is an area on Purvis Road that should be included .
75% of the east side of Schutt Road does not warrant this designation .
Deborah Cipolla-Dennis - supports CEA . A lot of work has gone into this. Many
• residents have attended meetings where this was talked about. It has been on the website and
talked about at public meetings where there is public participation. It needs to be clear that
farmers arc not impacted by this regulation and give them a comfortable feeling that the things
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they do for their livelihood will not be affected . She agrees with Nancy Munkenbeck that we
have to protect ourselves from industrial uses. She thinks the board is trying to protect
landowners and others in Dryden and show the land that we have and the way we use our land
now is the way we want to continue in Dryden . There are many people in the town that are
good stewards of the land and that is why it looks the way it does now .
Craig Schutt said he serves on the Conservation Board and has spent a lot of time on
this document . He has had a lot of thoughts about it as it progressed . He has had a problem
with language regarding fertilizers and pesticides every time they talked about it. He has
strong concerns because he does think it will cause problems over time . Everyone knows that
it means now, but over time people change and they could take this document and do with it
what they please . He said there are people in this town who have a very negative opinion of
agriculture in this town because he has spoken with them . The term excessive needs to be
defined .
C Schutt said he has checked DEC 's definition of Critical Environmental Area . It
includes a feature that is a benefit or threat to human health ; an exceptional or unique natural
area, exceptional or unique social , historic , archeological , recreational , or education values , or
an inherent ecological , geological or hydrological sensitivity to change that may be adversely
affected by any physical disturbance. C Schutt said he agrees with what Todd Bittner said .
We have some very unique areas in the Town of Dryden that really need to be protected , but
those are covered by the UNAs . What bothers him is that the UNAs were taken and then they
grandiosely put anything near them into the CEAs. He doesn 't see where 65% of the town is
that unique. Today he looked up counties that have CEAs (on the DEC website) and of all that
have them - there is only one county that has as many as we are proposing ( Suffolk County -
largest county in the state) . Most counties have only one or two . He said the amount that we
® are trying to include in Dryden is deluding the whole purpose of the CEAs . He thinks it's
gotten too big. There are critical areas in the town , but anything that is near and connected,
he doesn 't understand .
Diane Kimmich asked if this would this would affect selling farmland for residential
purposes. Supv Sumner said it has nothing to do with that.
Robert Wise said he agrees with concept of the CEAs and areas designated for
protection from industrial development, specifically hydrofracking. He hopes this will not
interfere with normal agricultural use.
Jason Burnham said no one has spoken about whether or not designating 62% of the
town as a critical environmental area would stand up in court. He said it may actually
threaten some of the areas you want to protect by being so broad . 62 % of the town being
designated seems to invite a lawsuit. It seems hard to defend . 62% diminishes the area people
really want to protect. Supv Sumner noted this is not a law or an ordinance .
Alan Dedrick said he would like his property removed from the CEA . He's heard that
excessive use of fertilizer and pesticides doesn 't apply to him as a farm , but the language is
pretty broad . This is a misnomer and could be used against anyone using pesticides and
fertilizers. We've heard it doesn 't mean anything but we want to protect it from new people
coming in who may not know our way of life and want to destroy the land or something. He
asked why is it so broad and why are we wasting time if it doesn 't really mean anything other
than a designation . As far as he knows, there is nothing rare, exotic or endangered on his
property . The only thing unique is its location and every location is unique . He is not sure
why his property has been designated . His property isn 't different than property north of his
® that is not included in a CEA . He would like his property removed .
Supv Sumner noted that property on Mott Road is in a stream corridor.
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Martha Robertson asked people to go to the Tompkins County Planning Department's
website and look under natural features focus areas . The County did a comprehensive process
a few years ago, looking at the whole county and identifying special areas for whatever reasons .
She said it is illogical that. 62% of the area in Dryclen could be critical environmental areas . It
could be that 100% is , or 0% is. It depends on the geography _ If you look at the map , Dryden
has 8 different areas _ It looks like 50% of the town is included in those areas . The simple logic
is that it depends on what the land really is . We are emahnglb blessed in this Town with areas
that are breathtaking. Designation of hEAs is just another layer of review if it corner to
industrial activity . It it not a prohibition .
dupe Sumner thanked W Robertson for her comments and said we didn't make them
critics ! environmental areas , We got them that way and just described them . It is amazing the
amount of wetland , slope and bodies of freshwater and streams that are in Dryden, It's more
than most towns ,
D Kfinmioh suggested that people sign up to get off the list and see what 's left to work
with .
Supv Sumner said individuals can 't choose whether or not the environmental area is
sensitive . The criteria by which the descriptions were developed were putty clear and you cant
just declare that you dont want to be in an environmental area so the wetland doesn't exist, It
doesn 't work that way . They are assets to the world that we are all looking out for, And most
of you are already looking out for them just fine , She said this le a living document and will be
a work in progress for years to come .
dupe Sumner closed the public hearing on the dog law amendment at 8 ; 00 p . m .
WDSOLUT/ON 03i ( 2012 ) - ADOPT AMENDMENT TO TOWN OF DRYDEN
DOG CONTROL LAW
Cl 8telick offered the following resolution and asked for its adoption ;
RESOLVED , that this Town Board hereby adopts Local Law No . 1 of 2012 , a local law
amending Local Law No , 2 of 2010 (Town of Dryden hog Control Law) , and directs that Town
Clerk Plc the same with the Secretnry of State ;
1 . Section 5 of Local Low No . 2 of the year 2010 ( the Town. of Dryden Dog Control Law) is
hereby amended to read as follows;
'5 _ Female dogs . Female dogs, while such are in season (hest) , shall not be left outside
unattended , unless they ate in a secure enclosure. If a female dog in season (heat) is
off the premises of the owner, such dog shall be leashed . Any female dog found to be in
violation of this section is subject to seizure by the Dog Control Officer, or any peace
officer, and upon seizure shall he removed to a safe place of confinement, at the
expense of the owner ,
. This local law shall take effect upon filing with the Secretary of State ,
ie Cl Solomon
Roll Call Vote Cl Stelick Yes
41 i Solomon Yes
upr Sumner Yes
Cl Later Yes
Puje 9 431' 20
TIC 1 - 18- 12
Cl Lavine Yes
Supv Sumner closed the public hearing on the sewer rent law amendment at 8 : 31 p. m .
RESOLUTION #32 (2012) - ADOPT AMENDMENT TO TOWN OF DRYDEN
SEWER DISTRICTS SEWER RENT LAW OF 1994
Cl Solomon offered the following resolution and asked for its adoption :
RESOLVED , that this Town Board hereby adopts Local Law No . 2 of 2012 ,. a local law
amending the Dryden Sewer Districts Sewer Rent Law of 1994 , and directs that Town Clerk file
the same with the Secretary of State :
1 . Subsection (b) of Section 6 (Calculation of Sewer Rent) of Local Law No. 2 of the year
1994 (Dryden Sewer Districts Sewer Rent Law) is hereby amended to read as follows :
" (b) Based upon the water usage , the calculation of the sewer rent shall be made
by multiplying the number of gallons consumed in the billing period by $ . 2153
per 100 gallons . The product shall be the sewer rent for the billing period . "
2 . Subsection (c) of Section 6 ( Calculation of Sewer Rent) of such local law is hereby
amended to read as follows:
"(c) In the event that the product computed according to sub-section (b) above is
less than $21 . 53 then the bill shall be rounded up to $21 . 53 which shall be a
• minimum bill for each billing period . In the event the premises are not connected
to a water meter , then a minimum bill as set forth herein shall be imposed for each
billing period , until such time as a water meter is installed . All premises served
by a sewer system shall have a water meter installed within nine (9 ) months of
connection of the premises to the sewer system. "
3 . This local law shall take effect for all sewer use after January 1 , 2012 and after filing with
the Secretary of State .
2nd CI Leifer
Roll Call Vote Cl Stelick Yes
of ote S e
Cl Solomon Yes
Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
The board discussed closing the public hearing on the critical environmental areas.
Supv Sumner said it could be left open to invite more comments. She noted there had been a
public presentation by the Conservation Board and she has no plans for another public event.
CI Leifer said it seems there are more people who may want to submit written comment.
RESOLUTION #33 ( 2012 ) - CLOSE PUBLIC HEARING ON DESIGNATION OF
CRITICAL ENVIRONMENTAL AREAS
Cl Stelick offered the following resolution :
RESOLVED , that this Town Board hereby closes the public hearing on the designation
of critical environmental areas in the Town of Dryden , and declares that written comment will
continue to be accepted for a month .
Net. 10 of 20
TH 1 - 18- 12
2nd Cl Solomon
Roll Call Vote Cl Stelick Yes
Cl Solomon Yes
Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
CITIZENS PRIVILEGE
Bruno Schickel said regarding the budgeted sales tax amount of 2012 , that Supv
Sumner has announced that sales tax came in $262 , 000 more than budgeted for 2011 . He
pointed out that in 2011 she budgeted $ 1 ,805 , 000 for sales tax revenue, and received
$262 ,000 more. In 2012 there is budgeted $2 , 365 , 000 in sales tax revenue which is an
increase of $ 580 , 000 or 32% over 201. 1 's budget. To achieve that number there will need to be
a 15% increase in sales tax revenue over 2011 . He said that is an extremely optimistic
projection . He offers this as a note of caution .
At the last board meeting, a week ago , there was talk about Paul Cook's barn . He said
he finds it rather ironic that this fanner, whose barn roof is collapsing and the town is
considering action against for an unsafe structure , is the very farmer that the law that passed
that prevented him from drilling a vertical well that may have given him the revenue to fix his
barn . He said the board needs to think about impacts of its decisions .
Supv Sumner said the permit has not been issued yet, and the application is for
horizontal drilling. There is no connection between gas drilling and code enforcement . It's not
the only barn the board has had to take action on , nor is it the only property under
consideration for action right now .
Joe Wilson, commenting on criteria for legal representation of the town in the Anschutz
v . Town of Dryden case , distributed a letter to board members (attached) and commended the
board for bringing this sensitive issue into the public session for discussion . He will not make a
specific suggestion about who should represent the Town in the appeal process , but provided
them with a list of factors to consider. He has previously provided the Supervisor with a list of
attorneys to be considered , and asked them now to also consider Earth Justice and Deborah
Goldberg. Environmental Law is mentioned in the law suit 49 times and Town Law 5 times.
Henry Kramer said beware of people bearing gifts. When counsel comes to you from a
lobbying group, and offers to represent you at a drastically reduced cost or free , run for the
hills . He said a group doesn 't give you free legal services without taking some control over your
case . They have will agendas of their own and conflicts of interest which you need to be
concerned about . The case will no longer belong to the town of Dryden , at least not in its
entirety. No one provides free legal services without wanting to control how things go . A
lobbying group should not represent the town because they have lobbying agendas of their
own . It is not appropriate to turn a legal defense over to somebody that is pursuing an agenda
for a lobbying group. He said the board should be very careful about bringing in an outside
counsel that is offering free or reduced services . Make sure you are not giving up control or
putting them in a position where they have undue influence over what the board does .
Cl Lavine asked him to define lobbying group . H Kramer said for issues where they
have positions of their own . Earth Justice is a lobbying group because they take political
• positions. Cl Lavine said she thinks they cannot take a political position . Supv Sumner said
they will look into that .
Page 11 of 20
Tf1 1 - 18- 12
•
Simon St Laurent said he would like to remind the board that Henry Kramer has been
® lobbying under the guise of offering free legal advice for a very long time .
TOWN CLERK
RESOLUTION #34 (2012 ) - APPROVE MINUTES
Supv Sumner offered the following resolution and asked for its adoption :
RESOLVED , that this Town Board hereby approves the meeting minutes of December
14 , 2011 , December 21 , 2011 , and January 3 , 2012 .
21111C1 Stelick
Roll Call Vote CI Stelick Yes
CI Solomon Yes
Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
The board took a five minute recess.
HIGHWAY DEPARTMENT/ DPW
Supv Sumner said the board has received and reviewed a request from the
Highway/ DPW Superintendent to establish a new position , Assistant DPW Superintendent,
together with a job description .
• RESOLUTION #35 ( 2012 ) - CREATE ASSISTANT SUPERINTENDENT
OF PUBLIC WORKS POSITION
Supv Sumner offered the following resolution and asked for its adoption :
RESOLVED , that this Town Board does hereby establish the position of Assistant
Superintendent of Public Works in accordance with applicable New York State laws and the
Civil Services Rules for Tompkins County .
2nt1 CI Stelick
Roll Call Vote CI Stelick Yes
Cl Solomon Yes
Supv Sumner Yes
CI Leifer Yes
Cl Lavine Yes
Highway Superintendent Jack Bush has provided the board with a proposed resolution
for purchase and sale of equipment in 2012 .
RESOLUTION #36 (2012 ) - AUTHORIZE PURCHASE AND SALE OF EQUIPMENT
Cl Leifer offered the following resolution and asked for its adoption:
RESOLVED , that this Town Board hereby authorizes the Highway / DPW Superintendent
as follows:
• To sell one used 2002 Freightliner tandem axle dump truck with snowplow equipment vin .
#2FZHAZCV76AU73387 at a surplus auction or by advertisement to bid or to a public entity .
Page 12 of 20
TB 1 - 18- 12
To sell one used 2005 (purchased in 2004) Sterling tandem axle dump truck with snowplow
equipment vin . # 2FZHAZCV65AN63693 at a surplus auction or by advertisement to bid or to a
public entity.
To advertise for bid or purchase off the state contract one new and unused 4 X 4 pick up truck
with snowplow equipment for the Highway Department not to exceed $28 ,000 .
To sell one used 2006 Chevy 4X4 pickup truck with snowplow equipment vim
# l GCHK24U66E227985 at a surplus auction or by advertisement to bid or to a public entity .
To advertise for bid or purchase off the state contract one forklift for the Highway Department
not to exceed $35 , 000 .
To sell one 1997 King Forklift serial # 302517403 at a surplus auction or by advertisement to
bid or to a public entity.
To advertise for bid or purchase off the state contract one new and unused 35KW Generator for
the Department of Public Works not to exceed $30,000 .
To sell one used 1970 Onan Generator serial# 0370171596 at a surplus auction or by
advertisement to bid or to a public entity .
To advertise for bid or purchase off the state contract one new and unused DPW Tractor for the
Department of Public Works not to exceed $ 19 , 000 .
To sell one used 1997 John Deere 955 Tractor serial# LV0955E200911 at a surplus auction or
by advertisement to bid or to a public entity.
To purchase a Trench Shield for the Department of Public Works not to exceed $6 , 000 .
To purchase a Mobile Air Compressor for the Highway Department not to exceed $2 , 500 .
2 "id Stelick
Roll Call Vote Cl Stelick Yes
Cl Solomon Yes
Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
J Bush explained that in order to pay for the trucks he has been authorized to
purchase , funds will need to come from the highway equipment capital reserve fund , and that
will require a resolution by the board .
RESOLUTION #37 (2012) - AUTHORIZING THE EXPENDITURE OF $ 85 ,000
FROM THE TOWN OF DRYDEN HIGHWAY EQUIPMENT
CAPITAL RESERVE FUND
Cl Leifer offered the following resolution and asked for its adoption :
WHEREAS, the town board of the Town of Dryden , Tompkins County, New York,
established the "Town of Dryden Highway Equipment Capital Reserve Fund" by resolution
• adopted September 9 , 2009 , and
Page 13 of 20
TB 1 - 18- 12
WHEREAS , the purpose of such capital reserve fund was to set aside funds to pay for
some or all of the costs of acquisition of highway equipment or machinery , and
WHEREAS , expenditures from such capital reserve fund may be made only with the
approval of the town board pursuant to General Municipal Law 6- c , and
WHEREAS , it has been determined that the town highway department needs to acquire
a new ten-wheel truck with dump body and snowplow equipment, now
THEREFORE , BE IT RESOLVED as follows :
1 . The expenditure of $85 , 000 from the Town of Dryden Highway Equipment Capital
Reserve Fund to be used toward the purchase price of a new ten -wheel truck with
dump box and snow plow equipment is hereby authorized .
2 . This resolution is subject to a permissive referendum as provided in Article Seven of the
Town Law .
3 . The Town Clerk is hereby authorized and directed , within ten ( 10) days of the adoption
of this resolution , to publish in the official newspaper and post on the town signboard a
notice setting forth the date of adoption of this resolution and an abstract of such
resolution all as required by Town Law § 90 .
2 " Cl Solomon
Roll Call Vote CI Stelick Yes
CI Solomon Yes
Supv Sumner Yes
Cl Leifer Yes
aCI Lavine Yes
J Bush asked the board to approve and sign the Use of Town-owned Highway
Machinery , Tools or Equipment Agreement previously provided for their review. This is the
same agreement used in past years.
RESOLUTION #38 (2012 ) - APPROVE USE OF TOWN-OWNED HIGHWAY MACHINERY,
TOOLS OR EQUIPMENT AGREEMENT
CI Stelick offered the following resolution and asked for its adoption :
RESOLVED , that this Town Board hereby approves the Use of Town-owned Highway
Machinery , Tools or Equipment Agreement for 2012 .
2nd CI Solomon
Roll Call Vote Cl Stelick Yes
CI Solomon Yes
Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
The agreement was signed by the Highway Superintendent and board members .
J Bush asked whether the board had made a decision with respect to the property that
had been offered as a donation to the town on Sunset West. He had originally thought the
town might be able to use it for a detention pond area, but it doesn 't seem that will work . He is
not aware of any use for it . The board agreed he should contact the owners ' attorney and
advise them that the town is not interested in acquiring this property .
Page 14 of 20
TB 1 - 18- 12
RECREATION DEPT
Supv Sumner said she has a request from the Recreation Department to encumber
$ 1500 . 00 for one of the community center grants. The center did not get their receipts in , but
will be submitting them shortly .
RESOLUTION #39 (2012 ) - ENCUMBER FUNDS FOR COMMUNITY CENTER GRANT
Cl Stelick offered the following resolution and asked for its adoption :
RESOLVED , that this Town Board hereby authorizes the encumbrance of $ 1 , 500 . 00 for
community center grant funding from the 2011 budget.
2 " Cl Solomon
Roll Call Vote Cl Stelick Yes
Cl Solomon Yes
Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
Supv Sumner said at the organizational meeting the board had delayed making the
Youth Commission appointments . She would like to make those appointments now to make
sure the commission has a quorum .
RESOLUTION #40 (2012 ) - APPOINT YOUTH COMMISSION MEMBERS
Supv Sumner offered the following resolution and asked for its adoption:
RESOLVED , that this Town Board hereby appoints Shelby Murphy and Stephanie
Mulinos to the Dryden Youth Commission , with terms to expire December 31 , 2013 .
2nd Cl Stelick
Roll Call Vote Cl Stelick Yes
Cl Solomon Yes
Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
Cl Stelick suggested that when appointments are made we let people who are not
selected know, in writing, and ask if they would like to be considered in the future. He said
they should receive a letter encouraging them to attend meetings and keep abreast of what is
going on for a future appointment.
J Bush told the board that for the position just created he would like to ask for a health
insurance contribution of 15% to 20%. This requires a change to the personnel policy . Cl
Stelick said he supports a 15% contribution . This is a non-union position . Cl Leifer and Cl
Stelick will work on amending the personnel policy for new hires.
COUNTY BRIEFING
Martha Robertson said the Environmental Management Council is looking for
appointments. They just reappointed Martha Ferger and there is one more appointment
available for the Town .
Page 15 of 20
TN 1 - 18- 12
With respect to the state budget , she said the words "mandate relief" were in the
governor's budget message , but the dollars don 't match . Right now the county expects a 3%
growth in Medicaid each year (about $294 , 000) . The Governor proposes to reduce that in 2013
to 2% , in 2014 to 1 % and in 2015 to zero, when there would be no growth factor. Mandate
relief would be about $75 , 000 on a budget of 12 . 2 million just for for Medicaid . She said this is
not mandate relief; it is public relations . The Citizens Budget Commission has said the state
should take over the full Medicaid expense within 4 or 5 years. The more poor people you have
the more you pay for Medicaid . Right now in Tompkins County each property tax bill for
Medicaid is $267 . In Chemung County it is $817 for each individual property tax bill . She
said income and sales tax is the right way to do this . This will be another bad budget fight for
counties .
Mike Lane said at last night's County Legislature meeting Martha Robertson was elected
as Chair for 2012 and he congratulated her.
The County 's Broadband Committee has brought together a group of technically
oriented people and looked at various options to get broadband out to people in rural areas.
They have decided wireless for the last few miles makes the most sense in the county . The
Town of Dryden is out in front on this with its private-public partnership project that is moving
ahead . There is no stimulus money left , and they are looking for grant funds . The committee
will continue and morph into more specifics on how we can get this to serve nearly everyone in
Tompkins County .
Supv Sumner said the town 's project has been tough and she credits Clarity Connect
for being ready and working with the town for the grant. Despite delays , Clarity has all three
towers up and equipment on two of them and two co-locations . The project is almost complete .
Cl Stelick said he should have Clarity 's service in a few weeks . It is $ 15 less per month
than he currently pays (Clarity is $29 . 95 per month) and four times the speed . He hopes it will
allow people a choice they wouldn 't have had otherwise .
With respect to critical environmental areas, M Lane said there are over 100 bridges in
Tompkins County and one-third of those are in the Town of Dryden . So it is not unusual that
there a lot of those kinds of areas.
With respect to the State budget they are saying there is a $2 billion deficit that the
budget doesn 't begin to address. It seems they want to see how the revenues come in this year.
There are three separate budget entities that will fight about that, as usual .
M Lane asked how the town 's aquifer protection law was coming. Supv Sumner said we
are waiting on USGS to finish the delineation of the aquifer. The law has been drafted and is
similar to the Town of Virgil's. The description needs to be done .
ENGINEERING
Supv Sumner said the engineer has prepared the final report for the Yellow Barn Water
District . She asked the board to read it and provide comment so it can be presented to people
in the proposed district .
PLANNING DEPARTMENT
• No report
Page 16 of 20
TB 1 - IR- 12
0 ATTORNEY
No report.
UNFINISHED BUSINESS
Supv Sumner said we need to appoint dog control officers and has prepared a
resolution .
RESOLUTION #41 (2012 ) - APPOINT DOG CONTROL OFFICERS
Supv Sumner offered the following resolution and asked for its adoption :
Whereas, the Town of Dryden has created the position of Dog Control Officer; and
Whereas , Gena and Richard Leonard have fulfilled the duties of Dog Control Officer for
the town since 2010 ;. therefore be it
RESOLVED , that the Town Board authorizes the appointment of Gena and Richard
Leonard as dog control officers for 2012 .
2nd Cl Stelick
Roll Call Vote Cl Stelick Yes
Cl Solomon Yes
Supv Sumner Yes
CI Leifer Yes
• CI Lavine Yes
Supv Sumner said this is a part-time , exempt , non -competitive position .
NEW BUSINESS
HOME lien - Supv Sumner said there is a homeowner who received a rehabilitation
grant last year ( 5 year declining balance) who is now renegotiating their mortgage and asking
the town to be in second position with the diminishing lien agreement. They taking more home
equity for more improvements, the intent is that we require him to use the money that way .
Supv Sumner said they had a huge project and the grant funds did not cover entire project.
This will help them complete it.
RESOLUTION #42 ( 2012) - AUTHORIZE SUPERVISOR TO SIGN
SUBORDINATION AGREEMENT
CI Stelick offered the following resolution and asked for its adoption :
RESOLVED , that the Town Supervisor is hereby authorized to sign a subordination for
the Burger lien , on the condition that the funds will be used for improvements to the property .
2nd Cl Solomon
Roll Call Vote Cl Stelick Yes
Cl Solomon Yes
• Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
Page 17 of 20
TB 1 - 18- 12
Supv Sumner explained that there was an error in the budget for the justice salaries
and she has prepared a resolution to correct that.
RESOLUTION #43 - (2012 ) - ANNUAL SALARIES FOR TOWN JUSTICES
CI Stelick offered the following resolution and asked for its adoption :
RESOLVED , that the annual salaries for Town Justices as stated in the 2012 General
Town Budget be as follows: Town Justice - $39 , 384 . 00 , or 19 ,642 . 00 each ; and
BE IT FURTHER RESOLVED , that this resolution supersedes Resolution # 10 (2012 ) ;
and
BE IT FURTHER RESOLVED , that the Supervisor is authorized to pay the above
salaries.
2nd Cl Solomon
Roll Call Vote Cl Stelick Yes
CI Solomon Yes
Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
• Supv Sumner asked the board to authorize her to sign the grant shared services
agreement form for the Local Government Records Management Improvement Fund grant
application being prepared by the County for the grant application . The County has offered to
digitally host some records for interested towns and will be starting with minutes.
RESOLUTION #44 (2012 ) - AUTHORIZE SUPERVISOR TO SIGN
LETTER IN SUPPORT OF LORMIF COOPERATIVE GRANT APPLICATION
Cl Leifer offered the following resolution and asked for its adoption :
WHEREAS , the Town of Dryden and other municipalities in Tompkins County are in
need of a means of storing, sharing and protecting digital information, and
WHEREAS, Tompkins County , after meeting with Town Clerks in the County, has
offered to host the storage of data for towns in Tompkins County, and to write an application
for a Cooperative / Shared Services Local Government Records Management Improvement Fund
grant, and
WHEREAS , the Town of Dryden would like to participate in the grant project,
NOW, THEREFORE , BE IT RESOLVED , that the Town Supervisor is hereby authorized
to sign the LGRMIF Grant / Shared Services Agreement form to accompany the application by
Tompkins County.
2nd Cl Stelick
® Roll Call Vote Cl Stelick Yes
Cl Solomon Yes
Supv Sumner Yes
Page 18 of 20
TB 1 - 18- 12
Cl Leifer Yes
Cl Lavine Yes
The board discussed the program to lease solar panels for municipal buildings. Supv
Sumner would like to get comments from the County Administrator on this . J Bush said he is
concerned with leaks from installation , and ice problems on highway garage . It may make
sense to have pole mounted structures. M Robertson said the county is putting them on seven
buildings. Supv Sumner would like to move forward with this.
COMMITTEE REPORTS
Cl Leifer as Cl Stelick will hold technology , personnel and finance committee meetings
on agenda meetings days beginning at 3 : 00 p. m .
UNFINISHED BUSINESS
Criteria for legal representation - Cl Lavine said the role of the person representing
us on appeal is not what we imagined it would be . It is a chess game where you know what the
other side is going to argue and you use that to spin it your way . We would need someone
with expertise on regulatory DEC law. It takes a large enterprise to endeavor to put this kind
of argument together.
Cl Stelick said the appeals process is not the same as the initial lawsuit that was
• argued . He has been talking with CI Leifer and the board needs to weigh in and come up with
a decision . It doesn 't need to happen tonight. He thinks if it's such a big apple , Earth Justice
isn 't going to walk away because there is much to be gained by being involved in this. We
haven 't heard on the initial lawsuit, and don 't know when we will hear. This doesn 't need to be
decided now . The board can meet if an emergency situation comes up. He will take all things
into account and wants to hear what others have to say as well .
Cl Lavine said it is very clear from what CI Leifer sent earlier today that control of the
case is entirely ours. Our goal happens to converge with theirs . The town is the client and
they are representing our wishes and the Town can dismiss them. She is suspicious that the
same people that didn 't want the ban are now saying we should not take advantage of a pro
bond offer . It is not a case of lobbying. Earth Justice is not lobbying, and is prevented from
doing so. This happens to be a mutual need , and it is not free . This is a favored organization
to donate money to . There are lots of people all over America who are paying for this because
this is really important. We are a part of history in a way that we didn 't expect to be.
Supv Sumner thanked Cl Leifer for getting the retainer template from earth Justice .
Cl Leifer said one of the things on that is attorney-client communication. When
discussing the choices for representation is appropriate for executive session . Knowing who
the attorneys are is part of the strategy of the case . It helps to know who your opponents are
and what they have worked on . When discussing this it is not necessary to have legal advice
from the town attorney, at least for the initial discussion .
CI Lavine suggests meeting next week for executive session to discuss this . Cl Stelick
will not be in town much next week . There could be a short executive session tonight to
• discuss strategy . Cl Lavine would like to be in a position to vote on this in February .
Page 19 of 20
TB 1 - 18- 12
• Cl Lavine made a motion to move into executive session to discuss litigation strategy
and that it be exclusive to board members , and due to the nature of the discussion , she does
not wish to have Atty Perkins in attendance . The motion was seconded by Supv Sumner,
unanimously carried , and the board moved into executive session at 10 : 04 p . m .
No action was taken , and the meeting was adjourned at 10 : 30 p. m .
Resp tfully submit d ,
//i /26; re°.
• 13ambi L. Avery
Town Clerk
•
•
Page. 20 of 20
Joseph M. Wilson , J . D . (Retired)
® 75 Hunt Hill Road
Ithaca, NY 14850
January 18 , 2012
To : Members of the Town Board
Legal Representation of the Town in an appeal of Anschutz vs . Town of Dryden is on the agenda
tonight. I want to thank and commend the Board for making this very important and sensitive issue a
matter of public discussion . This demonstrates this Board ' s commitment to transparency and to
following public meeting law.
Regarding the issue of who should represent the Town during an appeal in Anschutz in Dryden, I will
not make a specific suggestion. That is because such a decision is yours—that' s why we elected you. I
do, however, respectfully ask you to do the following :
• Take the time to interview each of the attorneys whom I previously recommended to you—Bob
Feller of Bond , Schoeneck & King, Alan Knauf of Knauf Shaw, David Everett of Whiteman
Osterman & Hanna, plus Deborah Goldberg of the public interest firm, Earth Justice.
• Consider these factors :
o Do the attorneys and their firms have successful experience in the fields of
environmental , regulatory, and municipal law in the NY and/or Federal Courts?
• o Do the attorneys and their firms have resources in terms of additional lawyers, research
assistants, etc . which will enable them to match Tom West ' s firm?
o Do the lead attorneys have successful experience arguing appeals in environmental,
regulatory, and town law before the New York appeal courts or their Federal equivalents?
o Do the lead attorneys have successful experience in working with Town Boards and their
local Town attorneys? (Ask for some representative clients and talk with the clients .)
o After reviewing the written and oral work which these attorneys have already done in our
case and the Middlefield case, whose work is most impressive to you?
o Consider the reputations of the lead attorneys and their firms for success, competence,
diligence, and ethics .
o Get an estimated total cost to the Town of being represented by each firm and take that
into consideration .
• Share what you learn to the extent this is legal and possible with the public . ]
• Share your final decision and how you reached it with the public .
Sincere '
• i,
oseph / �'; �
COMMENTS :
• By Town of Dryden Taxpayer / Voter:
David Bravo-Cullen, 28 Lee Road
Re : Designation of Critical Environmental Area ( CEA) in the Town of Dryden
PROCEDURE :
1 . Land Owners of specific parcels within a proposed CEA have not been contacted , and an
formational meeting with them has not been held .
2 . Adverse impacts "likely to occur if area is not designated as a CEA" are not listed
3 . Proposed Management Plans for proposed CEA's are not stated .
4 . Alternatives to the CEA are not articulated .
5 . The hardships to the Community and the Land Owners could better be reduced if the size and
boundaries of the proposed CEA are carefully and critically evaluated ahead of time .
DOCUMENT:
1 . There is no introduction that explains the purpose of the proposed CEA' s
2 . The Descriptions are very generic and non -specific regarding the particular proposed CEA,
3 . The listed "Threats" are very non -specific and can be summed up by Development in general .
4. The "Recommended Mitigation " can be summed up by : " Limit Development "
SPECIFIC COMMENTS :
1 . The old dump on Caswell Road is not listed as a CEA
2 . I don 't think that "Trillium" is a CEA. (CEA-07 )
3 . What exactly are scarce or rare ecological communities ?
4 . The various gravel pits around Town are not listed as CEA's
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From : Cor Drost <cor . drost @TRANSONlC . com>
Date : Tue , 17 Jan 2012 16 : 57 : 30 -0500
To : <supervisor @dryden . ny . us> , <jleifer @dryden . ny . us> ,
<jsolomon @dryden • ny . us> , <sstelick@dryden . ny . us> , linda lavine
<linda . lavine @cortland . edu> , <townclerk @dryden . ny . us>
Subject : Dryden Critical Environmental Areas designation
Dear Dryden Planning Board ,
I strongly support the proposed designation of streams and land in
the Town of Dryden as Critical Environmental Areas .
The whole of Ithaca and its surroundings is critically dependent on
its rural character . The two largest factors driving our local
economy are our Universities and our Tourism . Both would lose
much of their appeal if we won 't steward our environment in a
manner under which we can present ourselves as guardians of
o ur environment . The appeal to many employees of my company
(Transonic Systems Inc , locally grown to a healthy 140 employees
with far more ahead rowth very related to the same rural
9 ahead ) is rY
character : I can attract new employees to our current rural
e nvironment , but not to an environment where new hires will be
worried whether they should need to look into potential health
risks for their family and pets because of controversial land use
practices . Companies like mine would have moved to other cities
where seasoned business executives can be recruited from a
business across the road (in our case : biomedical business
communities like Boston , Minneapolis , the Research Triangle)
long ago if it were not for the local quality of life here in the greater
Ithaca community . Please do not make us regret our solidarity :
B usinesses like ours , and the work force in general , vote with their
feet . Your vote to be prudent stewards of the land is critically
import !
• Cornelis Drost
10 Hickory Circle and
129 Hickory Circle
D ryden
• J � \c7 , % a) �./f . ' "��
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January 18 , 2012
I strongly support the CEA ( Critical Environmental Area ) designation
process and the draft report presented by the Dryden Planning Department
at the Town Board meeting in December of 2011 . Preserving these land
areas and stream corridors is of utmost importance in maintaining the
character of Dryden .
I am particularly fond of CEA - 28 because of the hours I have spent over
the past almost 30 years exploring most of the area and enjoying the
diversity of its wildlife and vegetation . As stated in the report , lilt is a very
popular recreation area" . Access to the wonderful trails for hiking ,
horseback riding , bird watching , and many winter sports draws people from
quite a few surrounding counties and from all over NY . The Finger Lakes
Land Trust is doing its part to make people aware of the riches found here
Sthrough acquisition of much land area within the CEA .
I encourage you to confirm the value of these 31 land areas and 4 stream
corridors and accept them for CEA designation .
Marie McRae
710 Irish Settlement Rd
•
, 1 ' , Dryden Town Board Meeting , ,
0 F Dryden Town Hall :r_ -,� ,
iowN °" nRYr,E,v 93 East Main Street - VSN D RY8-;
. It. Wednesday , January 18 , 2012 7 : 00 PM _
I . Call Meeting to Order
2 . Pledge of Allegiance
3 . Roll Call
4 . Public Hearing
a. LL1 of 2012 — Dog Law Amendment
b . LL 2 of 2012 — Sewer Rents
c. Continuation : Critical Environmental Areas
5 . Citizens Privilege
6 . Town Clerk B Avery
a . Approve Meeting Minutes for 12/ 14, 12/21 /2011 and 1 /3 /2012
7 . Highway Superintendent/Dept Of Public Works J Bush
a. DPW Assistant Superintendant
b . 2012 Equipment Purchase
c. Authorize expenditure from Highway Equipment Reserve
d . Authorize use of highway department equipment for 2012
8 . Recreation Department M Bianconi
a. Request for encumbrance of Community Center funding
b . DYC appointments
II 9 . County Briefing Robertson/Lane
10 . Planning Department
11 . Engineering A Sciarabba
12 . Attorney M Perkins
13 . Unfinished Business
a. Discussion of criteria for legal representation
14 . New Business
a. HOME Lien Sumner/Perkins
b . Correction to Justices ' salaries Sumner
c . Solar lease
d . Authorization to sign County records grant agreement
15 . Committee Reports (3 minutes or less each , please)
a. Emergency Committee Sumner/Stelick
b. Finance Committee Stelick/Leifer
c . Personnel Committee Stelick/Leifer
d . Technology Committee Leifer
e . Infrastructure Committee Solomon/Stelick
16 . Future Agenda Items
17 . Executive Session (if necessary)
The Next Town Board meeting will be
0 --1 ;
�Thursdny�, February 16 , 2012 at 7 . 30 P.M
NOTE _NEW 7bAY_ AMY:TTIME
0 1 - 18- 12
SPEAKER SIGN IN SHEET
If you wish to address the Board under citizen ' s 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
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Town Board Meeting
® January 18 , 2012
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• Town Board Meeting
January 18 , 2012
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• _
03 / 26 /2012 15 : 05 : 00
MONTHLY REPORT OF SUPERVISOR
To THE TOWN BOARD OF THE Town of Dryden :
suant to Section 125 of the Town Law , '1' hereby render the following detailed statement
_ all moneys received and disbursed by me during the month if Janu 2012 :
7
DATED : March 26. 2012 it /tom n
SUPERVISOR
Balance Balance
12 / 31 / 2011 Increases Decreases 01 / 31 /2012
A GENERAL FUND - TOWNWIDE
CASH - CHECKING 3 , 457 . 93 160 , 831 . 37 : 60 , 85 . 19 3 , 431 . 11
CASH - SAVINGS 772 , 622 . 15 961 , 685 . 79 160 , 824 . 32 1 , 573 , 983 . 61
PETTY CASH 700 . 00 0 . 0C 00 . 00 700 . 00
PETTY CASH - POSTAGE 4 , 269 . 91 0 . 00 0 . 00 4 , 269 . 91
DPW Equipment Capital Reserve 34 , 935 . 29 11 . 49 0 . 100 34 , 446 . 73
Town Buildings Capital Reserve 50 , 272 . 11 16 . 71' 0 . 00 50 , 286 . 81.
Recreation Capital Reserve 303 , 472 . 14 100 . 64 0 . 00 303 , 573 . 58
General Capital Reserve 50 , 272 . 11 16 . 70 0 . 00 50 , 268 . 81
TOTAL 1 , 219 , 502 . 24 1 , 122 , 662 . 83 321 , 682 . 51 2 , 020 , 482 . 56
DA HIGHWAY TOWNWIDE FUND
CASH - CHECKING 0 . 0 '0 52 , 137 . 80 52 , 137 . 80 0 . 00
® CASH - SAVINGS 853 , 942 . 07 352 , 483 . 30 52 , 137 . 80 1 , 154 , 287 . 57
HIGHWAY EQUTPiiENT CAPITAL RESL 380 , 107 . 49 126 . 30 0 . 00 380 , 233 . 79
TOTAL 1 , 234 , 049 . 56 404 , 747 . 40 104 , 275 . 60 1 , 534 , 521 . 36
B GENERAL - OUTSIDE FUND
CASH - CHECKING 0 . 03 18 , 293 . 34 1. 8 , 293 . 34 0 . 00
CASH - SAVINGS 489 , 301 . 56 2 , 161 . 71, 16 , 293 . 34 473 , 169 . 92
PETTY CASH - POSTAGE 1 , 540 . 34 0 . 00 0 . 00 1 , 540 . 34
Cash , Customers Deposits 0 . 00 5 , 000 . 00 0 . 00 5 , 030 . 00
TOTAL 490 , 841 . 90 25 , 455 . 04 36 , 586 . 66 479 , 710 . 26
DB HIGHWAY OUTSIDE FUND
CASH - CHECKING 0 . 00 29 , 191 . 05 29 , 191 . 05 0 . 00
CASH - SAVINGS 1 , 652 , 070 . 99 539 . 24 29 , 191 . 05 1 , 623 , 419 . 18
TOTAL 1 , 652 , 070 . 99 29 , 730 . 29 58 , 362 . 10 1 , 623 , 419 . 18
SF1 - DRYDEN FIRE DISTRICT
CASH - CHECKING O . ••_ 164 , ;,' 06 . 00 184 , 006 . 03 0 . 00
CASH - SAVINGS 182 , 248 . 288 834 , 171 . 50 189 , 006 . 00 832 , 413 . 78
TOTAL 162 , 248 . 28 1 , 018 , 177 . 50 368 , 012 . 00 832 , 413 . 78
•3L1 - VARNA LIGHTING DISTRICT
CASH - SAVII','GS 3 , 116 . 95 4 , 27 " . 46 0 . 00 7 , 394 . 41
TOTAL 3 , 116 . 95 4 , 277 . 46 0 . 00 7 , 394 . 41
Page 1
MONTHLY REPORT O SUPERVISOR
Balance Balance
12 / 31 / 2011 Increases Decreases 01 / 31 / 2012
,
•L2 - ETNA LIGHTING DISTRICT
CASH - SAVINGS 2 , 188 . 39 3 , 176 . 78 0 . 00 5 , 365 . 17
TOTAL 2 , 188 . 39 3 , 176 . 76 0 . 00 5 , 365 . 17
SL3 - MEADOW/ LEISURE LIGHTING
CASH - SAVINGS 1 , 531 . 58 2 , 786 . 57 0 . 00 4 , 718 . 15
TOTAL 11931 . 56 2 , 786 . 57 0 . 00 4 , 718 . 15
SM AMBULANCE DISTRICT
CASH - SAVINGS 172 , 649 . 91 357 , 069 . 95 0 . 00 529 , 71. 9 . 86
TOTAL 1, 72 , 649 . 91 357 , 069 . 95 0 . 00 52317 : 9 . 66
SS1 - SAPSUCKER SEWER - UNITS
CASH - CHECKING 0 . 00 1 , 330 . 83 1 , 330 . 63 0 . 00
CASH - SAVINGS 49 , 424 . 13 91811 . 23 1 , 330 . 83 57 , 904 . 53
TOTAL 49 , 424 . 13 11 , 142 . 06 21661 . 66 57 , 904 . 53
SS2 - VARNA SEWER - UNITS
CAS - CHECKING 0 . 00 261 . 87 261 . 57 0 . 00
CASH - SAVINGS 171 , 144 . 6i 29 , 437 . 91 261 . 87 200 • 320 . 65
ITOTAL 1. 71 , 144 . 61 29 , 699 . 78 523 . 74 200 , 320 . 65
SS3 - CORTLAND RD SEWER
CASH - CHECKING 0 . 00 20 . 68 20 . 68 0 . 00
CASH - SAVINGS 210 , 730 . 49 53 , 017 . 91 20 . 68 263 , 727 . 72
POSTAGE 32 . 22 0 . 00 C . 00 32 . 22
TOTAL 2 _ 0 , 762 . 71 53 / 038 . 59 41 . 36 263 , 759 . 94
SS4 - MONKEY RUN SEWER
CASH - CHECKING 0 . 00 256 . 01 256 . 01 0 . 00
CAS : - SAVINGS 133 , 631 . 87 59 , 789 . 54 256 . 31 243 , 165 . 40
TOTAL 183 , 631 . 8 60 , 045 . 55 512 . 02 243 , 1E5 . 40
SS5 - TURKEY HILL SEWER
CASH - CHECKING 0 . 00 33 / . 35 331 . 35 3 . 00
CASH as SAVINGS 164 , 104 . 20 74 , 731 . 96 331 . 35 238 , 504 . 81
TOTAL 1 !74 , 104 . 20 75 , 063 . 31 662 . 70 236 , 504 . 81
SS6 - PEREGRINE HOLLOW SEWER
CASH - CHECKING 0 . 00 228 . 00 228 . 00
C . 00
CASH - SAVINGS 95 , 471 . 79 2 , 091 . 92 228 . 00 97 , 335 . 71
TOTAL 95 , 471 . 7q 2 / 319 . 92 456 . 00 97 / 335 . 71
SS7 - ROYAL ROAD SEWER
CASH - CHECKING 0 . 00 5 . 74 5 . 74 3 . 00
CASH - SAVINGS 17 , 185 . 65 15 , 256 . 37 5 . 79 32 , 436 . 46
Page 2
MONTHLY REPOWT OF SIII' I RVISOR
Balance Balance
12 / 31 /2011 Increases Decreases 01 / 31 / 2012
1
TOTAL 17 , 185 . 65 15 , 262 . 11 11 . 46 32 , 436 . 46
SW1 - VARNA WATER
CASH - CHECKING 0 . 00 16 , 039 . 39 14 , 039 . 39 0 . 00
CASH - SAVINGS 356 , 8700 . 49 31 / 535 . 10 14 , 039 . 39 374 , 3 66 . 20
TOTAL 356 , 870 . 49 45 , 574 . 49 28 , 076 . 18 314 , 366 . 20
SW2 - SNYDER HILL WATER
CASH - CHECKING 0 . 00 1 , 021 . 05 1 , 021 . 05 0 . 00
CASH - SAVINGS 73 , 075 . 08 11„ 348 . 75 1 , 021 . 05 83 , 402 . 76
TOTAL 73 , 075 . 08 12 , 369 . 80 2 , 042 . 10 83 , 402 . 18
SW3 - MONKEY RUN WATER
CASH - CHECKING 0 . 00 4 , 084 . 16 4 , 084 . 18 0 . 00
CASH - SAVINGS 2D4 , 166 . 75 57 , : 45 . 84 4 , 084 . 19 257 , 228 . 41
TOTAL 204 , 166 . 75 61 , 230 . 02 8 / 168 . 36 257 , 226 . 41
SW4 - HALL ROAD WATER
CASH - CHECKING 0 . 00 2 , 297 . 35 2 , 297 . 35 0 . 00
CASH - SAVINGS 28 , 3722 . 63 4 , 665 . 94 2 , 297 . 35 30 , 741 . 22
TOTAL 28 , 372 . 63 6 , 963 . 29 4 , 594 . 70 30 , 741 . 22
IIIISW5 - TURKEY HILL WATER
CASH - CHECKING 0 . 00 3 , 318 . 40 3 , 318 . 40 0 . 00
CASH - SAVINGS 1E0 , 918 . 81 51 , 081 . 90 3 , 318 . 40 228 , 682 . 31
TOTAL 180 , 91. 6 . 81 54 , 400 . 30 6 , 636 . 50 228 , 6E2 - 31
SW6 - ROYAL ROAD WATER
CASH - CHECKING 0 . 00 765 . 78 765 . 78 0 . 00
ASH - SAVINGS 31 , 849 . 60 17 , 916 . 75 765 . 78 49 , 000 . 57
TOTAL 31 , 849 . 60 18 , 682 . 53 1 , 531 . 56 49 , 00 .x . 57
CD REHABILITATION LOANS AND GRANTS
CASH - CHECKING 173 , 536 . 33 0 . 00 210 . 30 173 , 326 . 33
TOTAL 173 , 536 . 33 0 . 00 210 . 00 173 , 326 . 33
TA AGENCY FUND
;,ASH - TRUST & AGENCY 6 , 850 . 30 184 , 036 . 45 132 , 345 . 9' 3 58 , 510 . 92
TOTAL 6 , 850 . 30 184 , 036 . 45 132 , 345 . 83 58 , 540 . 92
HS CORTLAND ROAD SEWER BAN
IIICASH - SAVINGS 24 , 798 . 65 0 . 00 0 . CO 24 / 798 . 65
TOTAL 24 , 798 . 65 0 . 00 0 . 00 24 , 798 . 65
Page 1
TOTALS ALL FUNDS 6 , 930 , 763 . 60 3 , 597 , 912 . 02 1 , 077 , 415 . 98 9 , 451 , 259 . 64
S