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HomeMy WebLinkAbout2012-07-19 TB 7- 19- 12 TOWN OF DRYDEN TOWN BOARD MEETING July 19, 2012 Present : Supervisor Mary Ann Sumner, Cl Stephen Stelick , CI Joseph Solomon , Cl Jason Leifer , Cl Linda Lavine Elected Officials: Bambi L . Avery , Town Clerk Jack Bush , Highway Superintendent Other Town Staff: Mahlon R. Perkins, Town Attorney Dan Kwasnowski , Director of Planning Supv Sumner opened the meeting at 7 : 35 p . m . and board members and guests participated in the pledge of allegiance. Supv Sumner announced that Town Clerk Bambi Avery has completed her third year at Cornell 's Municipal Clerk Institute and completed the education requirements to apply to the International Institute of Municipal Clerks for designation as a Certified Municipal Clerk. The institute was open one day this year to local officials and Supv Sumner attended . She said the level of training was extremely professional and she is really proud of Bambi and all the Clerks that participated . 411 CITIZENS PRIVILEGE Gary Bachelor, representing the Varna Community Association , read a letter regarding the proposed Varna Hamlet Plan : 8 Jul • 2012 To; Dryden Town Board Members and Dryden Town Planning Board Re: Varna Hamlet Plan Dear Board Members : On behalf of the Varna Community Association ' s Board of Directors, I am writing to express gratitude to the Town of Dryden for all the work and funds that have been put forth to produce a final draft of the Varna Community Development Plan . Nearly two years ago, the Town requested that the Varna Community Association (VCA) recommend three individuals to work with the Planning Board to get the Plan underway and to advise the Town 's professional planning staff as to the kinds of development and types of zoning the Varna community would find desirable in revitalizing the hamlet. Since then, a number of meetings have taken place where members of the Varna community have contributed their perspectives. Likewise, Varna representatives Jim Skaley, Michael Richardson, and ( until her recent move out Of state) Melissa Amodei , have actively worked with Town planners to help direct • development of the Plan . As a Board we are pleased with all die progress to date. We look forward to continuing to communicate and work with the Town for final approval of the Plan and , hopefully, to develop a reasonable schedule for implementation . Page 1 of 21 TI3 7- 19- 12 The Varna community has seen an excellent PowerPoint presentation of the Plan . That presentation did not, however, include information on zoning. We understand that the Planning Board has now forwarded the complete Plan to the Town Board for review and consideration to schedule a public hearing prior to adopting the Plan and its recommended zoning for the hamlet. It would be greatly appreciated if you would provide the VCA with a few hard copies of the Plan as soon as possible in addition to making it available on the Town website. This will provide the Varna community with ample opportunities to review the complete Plan and bring informed comments to the public hearing. From our representatives, we understand that, while they highly approve of the Plan and its guidelines for future development, they also until very recently had not seen the actual zoning recommendations for Varna. "We have also been told that members of the Planning Board suggest that, given a plan for the community with its design standards and guidelines, any use in the approved zoning that only requires site plan review is already a pre-approved use. At no time in any public presentation to the community was it understood that endorsement of the Plan would lead to automatic approval of any project meeting the definitions for use as listed in the Use Table. Since the "Uses" have broad definitions and are not constrained by location within a zone, the potential for impacting adjacent properties exists. As a result, our representatives now recommend a few changes to the Use Table to enhance the community' s ability to be informed and to be able to submit their views on a few specific types of development proposals. These recommendations would require changing a few land use categories from site plan review (SPR) to special use permit (SUP ). The VCA Board strongly supports these recommended changes to the Use Table. The attachment to this letter lists the recommended changes as well as the reasoning behind the changes. I. j The underlying rationale for changing a few land use categories from an SPR designation to SUP • ! is to ensure that the Varna community continues to be part of the conversation about development in the hamlet. Under the site plan review process in the proposed zoning there is no provision for notifying the public re gran, rding proposed it ejects for an u. iven an SPR designation. While most land uses in the Use Table arc not likely to be controversial , the few that we are recommending for change carry a higher potential for concern to the community depending on the actual type of activity and size of the project. We feel strongly' that you , our elected representatives, need to assure that "Town staff and the Town ' s appointed Planning Board provide notice in a timely manner to the community when such projects are being proposed . It was, of course, community concern over certain proposed projects for Varna that led to the Town 's funding of the study and development of the new Plan . It seems only prudent that the Varna community should continue to be directly informed as proposals Ibr major projects (or projects that may have special impacts ) come to the Town for consideration and approval . This is the basis for the recommended changes in the Use Table. Our intent is not to put up roadblocks for any specific project but, like the Town, the Varna community has a considerable vested interest to see that the Plan is implemented in accordance with the guidelines and objectives stated in the flan . Further, we are in no way suggesting that the Town's professional planning staff and /or Planning Board would not have the interest of the community in mind when approving projects under site plan review . That said, we believe that input from our Varna representatives to date has resulted in positive improvements to the Plan . On seeing the Hamlet Zoning section for the first time, our representatives now recommend that changes be made to the Hamlet Zone Use Table. The Varna Community Association Board endorses these recommended changes and urges the Town Board to change certain designations from site plan review (SPR) to ® special use permit (SUP) . To reiterate the basic point: these changes are being recommended in order to ensure that the Varna community continues to have a voice in the future of our hamlet, Page 2or21 m7- 19- 12 Thank you for your ongoing commitment to revitalizing Varna . Sincerely, Dawn Potter, Chair VCA Board of Directors 902 Dryden Rd, Ithaca NY 14850 9012 VCA Board of Directors: Dawn Potter, Chair, 902 Dryden Rd , Ithaca NY 14850 Gary Bachelor, Vice Chair, 936 Dryden Rd, Ithaca NY 14850 Arthur Berkey, Secretary, 1205 Ellis Hollow Rd , Ithaca NY 1485( Simon St. Laurent, Treasurer, 1259 Dryden Rd . , Ithaca NY 14850 Janet Morgan, 940 Dryden Rd ., Ithaca NY 14850 Kim Simmons, 882 Dryden Rd ., Ithaca NY 14850 Susan Simmons, 836 Dryden Rd . , Ithaca NY 14850 Carol Stone, 978 Dryden Rd ., Ithaca NY 14850 Cc: Dan Kwasnowski , Director of Planning • Varna Community Association , Inc . July 8 2012 Proposed Changes to the Use Table for Varna **The Uses listed here are all listed as requiring SUP in the proposed Dryden Town Zoning Law** Auto Repair Garage V1 change from SPR to SUP — Environmental concerns: large number of cars parked on site . There are already two garages in close proximity. While there is an abandoned garage located at the Mt. Pleasant intersection we believe there are other preferred uses for that site. The community should have input on this. Most importantly , since a garage requires permit/license from NY State , it follows that a local permit by the Town Board should also be required. Gasoline Station V1 change from SPR to SUP Environmental concerns: traffic circulation onto RI 366 . Since a gas station requires permit/license from NY State , it follows that a local permit by the Town Board should also be required . Retail Shopping Center/Plaza V1 change from SPR to SUP — The Plan has made the area around the Freese Rd. - Mt. Pleasant Rd . - Rte. 366 intersection the focus for a mixed-use commercial/residential area with potential for restaurant, retail and professional offices along with apartments and green spaces. How this gets developed can really change the focus of the Plan and the entrance to downtown Varna . The community should be allowed to participate in consultation with the Planning Board/Town Board on what gets proposed for this area given that this could be the nerve center for Varna that serves as the anchor for other residential developments that may be proposed . • Congregate Care Facility V1 and V2 change from SPR to SUP -- This kind of facility usually requires attendants on site 24-7. It can vary widely as to the persons who are resident. One potential Page 3uf21 TB 7- 19- 12 ® category would be a half-way house for drug/alcohol addiction . Given the probable proximity to nearby residences , residents , particularly families with young children or seniors living alone , may have concerns and should be given the opportunity to express these concerns under a Special Use Permit application . Since a ongregate care facility requires a permit/license from NY State , it follows that a local permit by the Town Board should also be required. Dwelling , Multi-family V1 change SPR to SUP — Changing to SUP makes this consistent with V2 and V3 . Again , with reference to the Freese Rd — Mt. Pleasant — Rte . 366 intersection that may be a likely spot for multi-unit apartments, the public should be allowed input regarding the kind and mix of dwellings along with other desired uses at that intersection . Senior Care Facility V1 and V2 change from SPR to SUP -- This is similar to a congregate care facility given that there are attendants on site 24-7 . It differs from senior housing . Since a Senior Care facility requires a permit/license from NY State, it follows that a local permit by the Town Board should also be required . Lodge or Club V3 change from SPR to X -- While this may be appropriate for areas where there is a mixed commercial environment - siting or converting existing residential units to a Lodge/Club in V3 is inappropriate. The possibility of alcohol being served , the likely need for expanded parking adjacent to family residences , and other potential concerns deserve input from the community . Recreation Facility , Amusement V1 and V2 change from SPR to SUP -- This type of use has a wide range of possibilities depending on the category of amusement proposed and where located in the zones. Again residents located in the vicinity of such a facility should have the opportunity to express any concerns they may have regarding nature of the amusement being proposed . ® Deborah Cipolla-Dennis thanked board for allowing the Dryden Resources Awareness Coalition to have their meetings here . They met last light and said it was really cold in the building and the thermostats were set at 69 . She suggested that programmable thermostats be installed . Significant savings can be realized by using them . Martha Ferger, 6 Union Street, said she is in favor of passing the proposed zoning ordinance as soon as possible. She doesn 't have the expertise to understand it all , but that is why board was elected . She appreciates the time spent listening and responding to comments. She asked the board to take action as soon as possible . Janet Morgan said the letter that was read by Gary Bachelor was unanimously approved by the Varna Community Association ; the whole board is behind it . She said it would be nice to have the non-functioning fire hydrants in Varna fixed and operable . They have not been so for months , and should be available for use in the event of a fire . Evan Carpenter asked whether the Town Board had heard from State Ag & Markets and Supv Sumner said they have heard nothing since the initial letter of contact. He said the Farmers Committee has not heard back either. IJ Carpenter said he came across a quote in a document of another town working on its comprehensive plan : to promote the long term economic viability of agriculture in the community in the town and preserve ag land resources without infringing property rights ; adopt land use regulations which grant agriculture primacy as a land use in areas zoned for agriculture , which recognize the nature of contemporary agriculture enterprises in those areas of the town designated for agriculture in use in this comprehensive plan . And that agriculture is not a secondary land use waiting for a higher economic use of the land . He said the Town of • Ithaca quoted from the Town of Dryden Comprehensive Plan . He said he hopes the board continues to keep that in mind as they move forward with the zoning laws . He would Page 4 of 21 TB 7- 19- 12 appreciate them giving ample consideration to suggestions by Craig Anderson and Bruno Schickel . He would like the Town to keep agriculture in the front of their mind when dealing with zoning. TOWN CLERK RESOLUTION # 133 (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 June 14 , 2012 , and June 21. , 2012 . 2nd Cl Stelick Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes Cl Leifer Yes CI Lavine Yes HIGHWAY/ DPW SUPERINTENDENT J Bush gave a mid -year update on highway and DPW matters . Department of Public Works Town Hall - The flag pole is now lighted . The HVAC system is pretty much straightened out. Some seals went bad in one of the pump motors and were replaced . The sprinkler system , emergency lighting and fire security systems have all been tested . The Highway / DPW office building - was reshingled , soffit and facia were repaired , rain gutters replaced , and an entranceway to the main door was constructed because of snow drifting in the winter. The Highway garage has continued to have problems after the roof was replaced with water leaking near the heater exhaust spaces causing ice problems. They have removed the vents and relocated them to exit out the walls. There shouldn 't be any more leaks. Radio communications system - New coaxial cable and antenna were installed on the new tower on Beam Hill Road . 95% of the radios and equipment have been replaced in the last three years to bring it up to date . They will have to switch to narrow band by January 1 , 2013 . The license has been renewed for ten years . Dryden Lake Park - Vandalism problems have been frustrating and there is a litter problem . No one seems to be able to catch the things that happen at night. Poles and rocks have been placed along the roadways to keep people from driving on the lawns . No problems since they were installed . Dryden Lake water level - There has been concern about the low water level . The level is down ; beavers have plugged a pipe . The old overflow gate next to the dam is deteriorating. They have replaced rotted timbers there . The creek is low and an inspection of the lower levels of the dam revealed more damage . Yesterday a DEC engineer visited the site and it may be • good timing for repair. It appears that DEC will be moving forward with repair. The last official inspection was done in 1974 . He has emailed photos to board members showing the damage. Page 5of21 TB 7- 19- 12 SVirgil Creek Darn - TG Miller working on an official inspection report. Jim Schug trail - bridge decks will be replaced in late August or early September on two of the trail bridges closest to Chaffee Road. Dryden Freeville trail - replaced the wooden posts and chain fence at Springhouse Road . Repairs to trail bank that were caused by tropical storm Lee should start in August. Water & Sewer Districts - The Varna sewer pump station has required repairs. They had to replace a large electrical switch and an alternator and battery . K Thompson is working on the estimated cost to replace the outdated electric panel and generator. With respect to the two fire hydrants mentioned earlier, they cannot be repaired and will have to be replaced entirely . It is not a priority with only three people in the DPW. There are other hydrants close by and it is not an issue for the fire department. Highway Department Mowing - They have done all the way around the town once , and are now doing it a second time . Signs - They have replaced over 100 signs. They are using the chipper trying to clear lines of sight for signs. Surface treatment & paving - 50% of paving and surface treatment has been done . Crossover culverts - This is going to take a lot of time this year because of the S permitting process with DEC and Army Corps. 12 of 17 small culverts have been replaced and 6 of 12 large ones are completed . They are presently working on Sunset West Road . That is a bottomless structure . There will be a concrete bottomless culvert 5 ' high and .18 ' wide will be installed at the intersection of Lower Creek & Pinckney Roads. It takes a couple of months to complete each of those projects. Equipment - A new pickup and 2 10-wheel dump trucks have been received. Supv Sumner noted that Bolton Point is trying to include a hydrant maintenance position in their budget this year. J Bush said the board previously passed a resolution to purchase a trailer mounted generator. The old one will not produce electricity. K Thompson looking for best deal and the price will determine whether it goes to competitive bid or they use state contract or county bid . They can purchase it under federal contract and avoid competitive bid and it would be much less expensive . To use the federal contract would require a modification of the previous resolution. Supv Sumner will put it on the August agenda . The John Deere lawn tractor will he was authorized to purchase will be under $20, 000 , and he will get three quotes. They are no longer on state contract (there may be big changes in the state contract coming) . National Purchasing Partners has done the bidding process, and other municipalities are using this company. The state statute allows use of other inter- - governmental agreements . J Bush will try to get two quotes and use the figure from NPP. He believes NPP will be least expensive way to purchase the lawn tractor. Campbell Meadow property - J Bush presented a sketch of a parking lot plan for the • property . Page 6 of 21 I13 7- 19- 12 Cl Lavine said there has been vandalism at the Ellis Hollow Community Center and things were thrown in pool . She thanked J Bush for not mowing down the lilies on Ellis Hollow Creek Road and he said they would be moved eventually . COUNTY BRIEFING Martha Robertson announced the Ellis Hollow Creek Road speed limit has been lowered and thanked J Bush for his role in that . It will now be 45 mph on that road . Supv Sumner noted the spelling of Niemi Road will be corrected . M Robertson said the County Legislature has passed a law on keeping control of invasive species in the waterways in Tompkins County . While the hydrilla problem has been in the news , the law applies to any plant or animal and pertains to every water body in Tompkins County. It is important to not put your boat in to any water body with stuff hanging off it . Vessels must be cleaned and stuff disposed of away from the shoreline . M Robertson said she and Carol Chock met with NYS Budget Director Roberta Megna last week in Albany about gas drilling. Carol has been chairing a committee that is looking into taxation issues. There is the promise of localities having tax revenue from gas drilling, but there are some serious issues with the structure of the taxation system in NYS right now. The ad valorem tax is the only tax that currently exists. It is based on information self- reported by the gas companies and is only paid three years or more after the cost has been incurred . The ad valorem tax was not meant to actually cover the cost to localities . Severance tax should be instituted to do that. They are lobbying that a severance tax should be instituted and have that shared between localities and state . That is also charged on production , so there is a timeline problem . A third measure is a sufficient fee income at the beginning of the process so that there will be revenue for the state and localities to cover costs as they are incurred . They are also lobbying for a minimum ad valorem tax because the industry figure is that 80% of wells don 't produce. A minimum tax would cover those costs. Tompkins County is in much better shape to deal with this because of county-wide assessment. Other counties will be relying on local assessors who don 't have the expertise and staff to deal with a whole new area of work. The group was encouraged by the meeting. The State doesn 't want to embark on something where costs to the state and localities are not covered . She shared a handout used at the meeting with board members . Mike Lane said he just came from the TC3 board meeting and they arc hopeful that their master plan will go forward . It will include new classrooms, transforming the forum to an administration center and rebuilding a forum style facility further back in the building. There is some necessary exterior work. Only the interest for the project is paid by the counties. The main payments will come from the fund of charging back to other counties for their students coming to TC3 . County Human Services annex - they have decreased the cost by $ 125 , 000 (bids were originally over $200 , 000) and they are closing the gap . County legislative chambers in the old courthouse - costs for audio / visual work and other work for broadcasting , furniture , etc is estimated to be over $ 500 , 000 . They are trying to pare it down from $900 , 000 . • RECREATION DEPARTMENT No report . Supv Sumner said Melissa 13ianconi is back from maternity leave . Page 70121 113 7- 19- I2 PLANNING DEPARTMENT N o report. ENGINEERING No report . ATTORNEY N o report . UNFINISHED BUSINESS Zoning Ordinance Amendment - The board has received the completed full environmental assessment form and Supv Sumner read portions of the narrative aloud . RESOLUTION # 134 (2010) - NEG SEQR DEC - ADOPTION OF ZONING AMENDMENT Cl Stelick offered the following resolution and asked for its adoption : WHEREAS , A. The proposed action involves consideration of the adoption of certain amendments to the Zoning Ordinance of the Town of Dryden . 410 B . The proposed action is an Unlisted Action for which the Town Board of the Town of Dryden is the lead agency for the purposes of uncoordinated environmental review in connection with approval by the Town . C . The Town Board of the Town of Dryden, in performing the lead agency function for its independent and uncoordinated environmental review in accordance with Article 8 of the New York State Environmental Conservation Law - the State Environmental Quality Review Act " (SEQR) , (i) thoroughly reviewed the Long Environmental Assessment Form (the " Long EAF") , Part I , and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, (ii) thoroughly analyzed the potential relevant areas of environmental concern to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR §617 . 7 (c) , and (iii) completed the Long EAF, Part II ; N OW , THEREFORE , BE IT RESOLVED AS FOLLOWS : 1 . The Town Board of the Town of Dryden , based upon (i) its thorough review of the Long EAF, Part I , and any and all other documents prepared and submitted with respect to this proposed action and its environmental review , (ii) its thorough review of the potential relevant areas of environmental concern to determine if the proposed action may have a significant adverse impact on the environment , including the criteria identified in 6 NYCRR §617 . 7(c) , and (iii) its completion of the Long EAF, Part II , including the findings noted thereon (which findings are incorporated herein as if set forth at length) , hereby makes a negative determination of environmental significance ("Negative Declaration") in accordance with SEQR for the above referenced proposed action , and determines that neither a full Environmental Assessment • Form , nor an Environmental Impact Statement will be required, and Page 8of21 TB 7- 19- 12 • 2 . The Responsible Officer of the Town Board of the Town of Dryden is hereby authorized and directed to complete and sign as required the determination of significance , confirming the foregoing Negative Declaration , which fully completed and signed Long EAF and determination of significance shall be incorporated by reference in this Resolution . 2°d Cl Leifer • Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes CI Leifer Yes Cl Lavine Yes Cl Leifer said he and Cl Stelick had suggested some changes to the amendment, but they have not been made . It was determined they were substantive and would require another public hearing. Supv Sumner suggested changes could be drafted for discussion at the agenda meeting next month . Cl Stelick said these are changes he feels strongly about and that they be discussed . They have talked about the changes previously and he is adamant that they be talked about. They can be done as an amendment to this document. Supv Sumner said this was first introduced in 2011 then again in February . There have been opportunities. CI Stelick they have talked about it and the changes have not been made. It was discussed in public session and with D Kwasnowski. He doesn 't want to hold up the process , but these are things they talked about. This document is now for the Town Board to decide on , not someone else, and majority rules. The board puts the final stamp on this, and there have been comments from homeowners, farmers , landowners, consultants, professionals and non- professionals. He has mentioned there were things that needed to be discussed by board members, and he wants to make sure that happens . There are things he and CI Leifer feel strongly need to be adjusted . It 's not about any professional 's opinion in this case . It is up to the board to decide . These things didn 't make it into the final cut. Cl Leifer will provide a list for the next meeting. In the use table , home occupation level II , in neighborhood residential should be changed to special use permit . In the definition for home occupation level I , change the words entirely in the dwelling to on the residential. property . Dwelling, multi-family and 2- family in neighborhood residential should be changed to special use permit . It looks like multi-family might be allowed in conservation , but senior care facility isn 't, and the board might want to talk about that. Cl Leifer said the list of items presented by the VCA will be addressed when the board takes up the hamlet plan . Cl Stelick said the board needs to make its decision independently . CI Stelick introduced the Zoning Amendment, it was seconded by Cl Solomon and more discussion followed. Cl Stelick thanked people for their comments and information . Thousands of hours have gone into this and we can never have something that everyone agrees with . He applauds ID Kwasnowski and his group, and is pleased with it over all compared to the comprehensive plan. This has a local touch . Our consultants are the stakeholders in the Town of Dryden . This is a living document and it can be changed . The board will listen to the public. In the meantime , he is confident it is a good amendment. There was discussion about the version of zoning map that will be adopted , and Atty • Perkins clarified that it must be the September version that was introduced with the document. CL Leifer wants amendments ready at the next agenda meeting for the document and the map. Page 9of21 TB 7- 19- 12 Supv Sumner said she was involved as observer with the Planning Board on the comprehensive plan and there was a great deal of local input, but not a lot of interaction between the Town Board and the Planning Board until the last minute . This board has done an incredible job and been hands on with the public and the Planning Board . She remembers Atty Perkins telling her that nothing will affect the residents of the Town of Dryden as much as this, and it 's very true . She thanked Planning Board members and all who participated in the process. J Lalley, Chair of the Planning Board , said this process started in about 1988 and it 's about time and urged the board to pass the resolution . Cl Leifer said he is glad home occupations are extended beyond professionals . RESOLUTION # 135 ( 2012) - RESOLUTION REPEALING PARTS OF THE 1969 TOWN OF DRYDEN ZONING ORDINANCE AS AMENDED EXCEPT FOR THE 2009 AND 2011 AMENDMENTS AND ADOPTING AMENDMENTS THERETO Cl Stelick offered the following resolution and asked for its adoption: WHEREAS , the town of Dryden originally adopted a zoning ordinance in 1969 , which ordinance has at various times been amended , and WHEREAS , the town adopted a Comprehensive Plan on December 8 , 2005 which replaced the Dryden General Plan adopted in 1968 , and WHEREAS , since the adoption of the Comprehensive Plan in 2005 , the town , through its planning board , planning department and consultants, has been in the process of implementing some of the Comprehensive Plan suggestions and visions as well as addressing changes in the New York Town Law Article 16 (Zoning and Planning) , and WHEREAS , a proposed local law entitled the Town of Dryden Zoning Law was introduced at a special town board meeting on October 28 , 2011 , and WHEREAS , a public hearing was held on the proposed local law on November 16 , 2011 at which time the town board heard ' 12 persons commenting on the proposed local law , and received other comments by email , and WHEREAS , pursuant to General Municipal Law 239 - 1 and 239-m, the Tompkins County Planning Department (TCPD) commented on the proposed local law in a letter dated December 9 , 2011 ,. and WHEREAS , the town , through its planning department, analyzed the TCPD comments and public comments received at the public hearing and in emails, and prepared a report summarizing the comments and responded to the same in a report circulated to the town board , and WHIEREAS, no action has yet been taken on the proposed local law, and WHEREAS , certain revisions to the proposed local law were proposed and substantially all of the provisions of the proposed local law are now set forth as proposed amendments to the zoning ordinance , and • Page 10 nr21 TB 7- 19- 12 WHEREAS, it is desirable to adopt the provisions proposed in the local law as amendments to the zoning ordinance in order to preserve certain August 2011 amendments to the zoning ordinance in the form they were originally adopted , and WHEREAS , in Resolution No . 62 (2012) adopted February 16 , 2012 , substantially all the provisions in the proposed local law were introduced as proposed amendments to the Zoning Ordinance and a public hearing thereon was scheduled , and WHEREAS , in Resolution No . 63 (2012 ) adopted February 16, 2012 , the date of the public hearing was changed to April 18 , 2012 , and WHEREAS , the proposed amendments were referred to the TCPD pursuant to the requirements of General Municipal Law 239 -1 and 239 -m and comments were received from the TCPD in a letter dated March 16 , 2012 which , if not incorporated into the proposed amendments , would require a vote of a supermajority (meaning majority plus one) of all members of the town board, and WHEREAS , due to the comments of the TCPD , and the fact that the proposed subdivision local law was not ready for introduction at the time of the aforesaid resolutions introducing the proposed amendments to the zoning ordinance and scheduling a public hearing, and other factors, the public hearing scheduled for April 18 , 2012 was not held , and , WHEREAS, by Resolution No . 107 (2012 ) adopted by the town board on May 17 , 2012 , Resolutions No. 62 (2012 ) and No . 63 (2012) were rescinded , and WHEREAS , also by Resolution No. 107 (2012 ) proposed amendments to the zoning • ordinance were introduced and a public hearing scheduled for June 27, 2012 , and WHEREAS, the proposed amendments were again referred to the TCPD pursuant to General Municipal Law 239 -1 and 239 -m , and comments received from the TCPD in a letter dated June 27 , 2012. are substantially the same objections as those made December 9 , 2011 and March 16, 2012 , and which comments again invoked the requirement of approval by a vote of a supermajority (meaning majority plus one of all members of the town board) , and WHEREAS , notice of the public hearing was published in The Ithaca Journal on June 13 , 2012 and posted on the town signboard on June 13 , 2012 , and also posted on the town's website , and notice was given to those entitled to notice as provided by New York Town Law 264 (2) , and WHEREAS , a public hearing was held on the proposed amendments on June 27 , 2012 ,. at which time the town board heard 19 persons commenting on the proposed amendments and received other written comments , and WHEREAS , town staff has again analyzed the comments from the public hearing and the written comments received , and prepared a report summarizing all the comments , which report was circulated to the town board , and WHEREAS , the town board has considered all the comments from the public, the TCPD , the town of Dryden planning board , town staff and consultants , and satisfied itself that all the legal requirements necessary to adopt such amendments have been met , now , therefore BE lT RESOLVED as follows : Page I I of 21 Ts 7- 19- 12 • 1 . The Zoning Ordinance, Town of Dryden, Tompkins County, New York, originally adopted in 1969, as amended from time to time , is hereby further amended as follows : ARTICLES I , II , III , IV, V, VI , VU , VII -A , VIII , IX, X, XII , XIII , XIV, XV, XVI , XVII , XVIII , XIX , XX, XXII , XXIII and XXIV are hereby repealed . 2 . Appendix A of such Zoning Ordinance as originally adopted in 1969 , as amended from time to time , is hereby further amended by deleting therefrom all the definitions except for "Commercial Development Design Guideline , " Residential "Design Guidelines" and those definitions adopted August 3 , 2011 , effective August 19 , 2011 pertaining to "Natural Gas, " "Natural Gas and / or Petroleum Exploration ," "Natural Gas and / or Petroleum Exploration and Production Materials," " Natural Gas Exploration and / or Petroleum Production Wastes , " "Natural Gas and / or Petroleum Extraction, " and "Natural Gas and / or Petroleum Support Activities , " which definitions are hereby incorporated into a new ARTICLE III as hereinafter provided . 3 . ARTICLE XXI of such Zoning Ordinance as originally adopted in 1969 , as amended from time to time , is hereby amended by repealing Sections 21. 00 - Interpretation , 2101 - Validity , 2101 - Repealer (apparently misnumbered) and 2103 - Effective Date, leaving only Section 2104 - Prohibited Uses, which was adopted August 3 , 2011 , effective August 19 , 2011 , and which is hereby re- numbered to be Section 502 : Prohibited Uses. 4 . There is hereby adopted in the form appended hereto the following amendments • to such Zoning Ordinance , which in its entirety with the aforesaid amendments in Sections 1 , 2 and 3 above shall read as in the form appended hereto . 5 . The Zoning Map dated September 1 , 2011 is hereby adopted . 6 . The repealers aforesaid and the adoption of such amendments shall take effect ten ( 10) days after publication in The Ithaca Journal of a summary or abstract thereof (exclusive of the Zoning Map) or from the date of service upon any person personally served with a copy thereof as provided in New York Town Law 264 ( 1 ) . 2nd Cl Solomon Roll Call Vote CI Stelick Yes Cl Solomon Yes Supv Sumner Yes Cl Leifer Yes CI Lavine Yes Subdivision Law - The board reviewed the full environmental assessment form. This is an unlisted action . Supv Sumner said this new law introduces one new type of subdivision, the conservation subdivision . It is consistent with the comprehensive plan and the 1968 general plan , as well as the design guidelines . It is apparent that the adoption of the local law will have no measurable environmental impact and is intended in many ways to provide protection to the environment , encourage healthy built environments , and mitigate inevitable environmental impacts on the land and neighboring properties . • Page 12 of 21 TB 7- 19- 12 ® RESOLUTION # 136 (2010) - NEG SEQR DEC - ADOPTION OF SUBDIVISION LAW Cl Stelick offered the following resolution and asked for its adoption: WHEREAS , A. The proposed action involves consideration of the adoption of a local law enacting the Town of Dryden Subdivision Law . B . The proposed action is an Unlisted Action for which the Town Board of the Town of Dryden is the lead agency for the purposes of uncoordinated environmental review in connection with approval by the Town . C . The Town Board of the Town of Dryden , in performing the lead agency function for its independent and uncoordinated environmental review in accordance with Article 8 of the New York State Environmental Conservation Law - the State Environmental Quality Review Act "(SEQR) , (i) thoroughly reviewed the Long Environmental Assessment Form (the Long EAF") , Part 1 , and any and all other documents prepared and submitted with respect to this proposed action and its environmental review , (ii) thoroughly analyzed the potential relevant areas of environmental concern to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR §617 . 7 (c) , and (iii) completed the Long EAF, Part II ; NOW , THEREFORE , BE IT RESOLVED AS FOLLOWS : 1 . The Town Board of the Town of Dryden , based upon (i) its thorough review of the • Long EAF, Part I , and any and all other documents prepared and submitted with respect to this proposed action and its environmental review , (ii) its thorough review of the potential relevant areas of environmental concern to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR §617 . 7(c) , and (iii) its completion of the Long EAF, Part II , including the findings noted thereon (which findings are incorporated herein as if set forth at length) , hereby makes a negative determination of environmental significance ("Negative Declaration ") in accordance with SEQR for the above referenced proposed action, and determines that neither a full Environmental Assessment Form , nor an Environmental Impact Statement will be required , and 2 . The Responsible Officer of the Town Board of the Town of Dryden is hereby authorized and directed to complete and sign as required the determination of significance , confirming the foregoing Negative Declaration, which fully completed and signed Long EAF and determination of significance shall be incorporated by reference in this Resolution . 2rul Cl Leifer Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes CI Leifer Yes Cl Lavine Yes RESOLUTION # 137 (2010) - REPEALING THE TOWN OF DRYDEN SUBDIVISION RULES AND REGULATIONS AND ENACTING THE TOWN OF DRYDEN SUBDIVISION LAW • Cl Leifer offered the following resolution and asked for its adoption: Page 13of21 TB 7- 19- 12 • WHEREAS, the town board adopted certain land subdivision regulations in February 1976 and such regulations have been , from time to time , amended , and WHEREAS , the planning board and planning department have for some time been in the process of revising the rules and regulations to conform to the proposed amendments to the Town of Dryden Zoning Ordinance , the previous adoption by the town board of the Commercial Development Design Guidelines and the Residential Development Design Guidelines , and amendments to New York Town Law Article 16 (Zoning and Planning) , and WHEREAS , the proposed subdivision local law has been endorsed by the planning board , and WHEREAS , the town board adopted Resolution No. 108 (2012) on May 17 , 2012 calling a public hearing on the proposed repeal of the existing subdivision rules and regulations and the adoption of the proposed subdivision law , and WHEREAS , notice of the public hearing was published in The Ithaca Journal on June 13 , 2012 and posted on the town signboard on June 13 , 2012 , and also posted on the town 's website , and notice was given to those entitled to notice as provided by New York Town Law 264 (2 ) , and WHEREAS , although not required by General Municipal Law 239 - 1 and 239 -m , the planning department forwarded a copy of the proposed local law to the Tompkins County Planning Department for review and comment, and WHEREAS , a public hearing was held on June 27 , 2012 on the proposed repeal of the • existing subdivision rules and regulations and the adoption of the proposed subdivision law, at which hearing the town board heard from seven (7) interested persons , and WHEREAS , town staff has analyzed the comments from the public hearing and any written comments received , and prepared a report summarizing all the comments , which report was circulated to the town board , and WHEREAS , the town board has considered all the comments from the public, the TCPD , the town of Dryden planning board , town staff and consultants, and satisfied itself that all the legal requirements necessary to adopt such local law and repealer have been met, now, therefore NOW, THEREFORE, BE IT RESOLVED as follows : 1 . The proposed local law entitled Town of Dryden Subdivision Law is hereby adopted in the form appended hereto . 2 . The existing Town of Dryden Land Subdivision Regulations, or Subdivision Rules and Regulations, or by whatever name the same are known , are repealed effective upon the effective date of the proposed local law. 3 . The town clerk is directed to give notice of the adoption of this resolution repealing the existing regulations as required by law , with the repeal to be effective upon the filing of the local law with the New York Secretary of State. 2nd Cl Stelick • Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes h&c 14of21 TN 7- 19- 12 ® CI heifer Yes Cl Lavine Yes Designation of Critical Environmental Areas 01 , 02 , and 05 The board has reviewed the proposed resolution designating critical environmental areas in the town . The resolution contains lengthy descriptions of the boundaries of the CEAs and the specific environmental characteristics that warrant CEA designation . These have been discussed at length . Supv Sumner read portions of the resolution for the audience and thanked the Conservation Board for their hard work on this project. RESOLUTION # 138 ( 2012 ) - DESIGNATING CERTAIN AREAS OF THE TOWN OF DRYDEN, TOMPKINS COUNTY, NEW YORK AS CRITICAL ENVIRONMENTAL AREAS PURSUANT TO 6 NYCRR 617 . 14(g) Supv Sumner offered the following resolution and asked for it adoption : WHEREAS , the regulations promulgated by the New York State Department of Environmental Conservation (DEC) under the State Environmental Quality Review Act (SEQR) authorize a town board to designate a specific geographic area within its boundaries as a critical environmental area (CEA) , and WHEREAS , the regulations define a critical environmental area (CEA) as a specific geographic area designated by a state or local agency , having exceptional or unique environmental characteristics [6 NYCRR 617 . 2 (i)] , and • WHEREAS , the DEC regulations at 6 NYCRR 617 . 14 (g) set forth the criteria and procedure for designating a specific geographic area as a CEA, and WHEREAS, the Town of Dryden Conservation Board reviewed the criteria necessary to designate an area as a CEA, and prepared a report entitled Town of Dryden Critical Environment& Areas (8 / 18 / 2011 ) and recommended the designation of the areas identified in such report as CEA's, and WHEREAS , the proposed areas to be designated as CEA's, and the criteria to warrant designation as a CEA have been the subject of much public discussion at several meetings of the conservation board and town board , both prior to and following two public hearings, and WHEREAS , a public hearing was held on December 21 , 2011 on the 8 / 18 / 2011 report of the Conservation Board , which proposed that 35 areas of the town of Dryden be designated as CEA's, and such hearing was continued on January 18 , 2012 , and written comments and comments by email were received prior to and following such public hearing and the continuation thereof, and WHEREAS , the town board heard six persons commenting on the proposed designations at the December 21 , 2011 public hearing and heard 19 persons (including three who also spoke on December 21 , 2011 ) at the January 18 , 2012 continuation of the public hearing, and WHEREAS , in addition to the comments received at the public hearings and the continuation thereof, over 68 emails were received commenting on the proposed designation, • and Page 15 of 21 TB 7- 19- 12 • WHEREAS , all public comments were analyzed by town staff and a report prepared summarizing the public comments and responses to such public comments which report was circulated to the town board , and WHEREAS , as a result of such comments, the 35 proposed areas to be designated as CEA 's were referred back to the Conservation Board for refinement of the areas and for a re- examination of the criteria for designation of an area as a CEA and to detail the exceptional or unique environmental characteristics of such area, and WHEREAS , the areas of the proposed CEA's have been refined and revised to include only such areas as meet the criteria found at 6 NYCRR 617 . .14(g) ( 1 ) (i) -(iv) , and WHEREAS , the proposed areas designated as CEA- 01 , CEA-02 and CEA-05 each contain a unique natural area, as listed in the report, Unique Natural Areas of Tompkins County, first published in 1. 990 by the Tompkins County environmental Management Council (which report was an expansion of work done by Craig Tufts in 1976 in a survey of important natural areas in Tompkins County) , and which report was revised in January 2000 and which report recited , "It is the intent and hope of the Tompkins County Environmental Management Council that the identification of local sites as Unique Natural Areas will serve as an important step towards their protection , " and WHEREAS , the listing of a specific geographic area as a unique natural area does not , in and of itself, offer any protection to such area , and WHEREAS , the designation of an area as a CEA means that the potential impact of any Type I or Unlisted Action on the environmental characteristics of the CEA is a relevant area of S environmental concern and must be evaluated in the determination of significance under SEQR [6 NYCRR 617 . 14(8) (4)) , and WHEREAS , notice of a public hearing on the proposed designation of CEA-01. , CEA- 02 and CEA-05 was published in The Ithaca Journal on June 15 , 2012 , and posted on the town signboard on June 15 , 2012 , and WHEREAS , the town board held a second public hearing on June 21 , 2012 on the refined and revised proposed CEA -01 , CEA-02 and CEA-05 , including the justification of the exceptional or unique environmental characteristics of the proposed area warranting CEA designation , and WHEREAS , written notice of such public hearing was given by first class mail to the owners, according to the latest completed assessment roll , of all tax parcels identified as being in an area proposed to be designated as a CEA, and WHEREAS , at the public hearing, the town board heard nine persons regarding the proposed designation and received writ:ten comments regarding the process of designation of CEA's, and WHEREAS , the town board has duly considered the matter including the reports, analyses , comments and proceedings had heretofore and herein and referred to in the recitals above , now, therefore , BE IT RESOLVED , that the following specific geographic areas are designated as a Critical Environmental Area (CEA) in accordance with criteria set forth at 6 NYCRR • 617 . 14(g) ( 1 ) (i) - (iv) for the reasons that follow: Page 16of21 TB 7- 19- 12 • CEA-01 : All or part of Town of Dryden Tax Parcels 21 . - 1 - 1 ; 21 . 1 -2 . 52 ; 21 . - 1 - 2 . 4 ; 21 . - 1 - 2 . 8 ; 21 . - 1 - 2 . 21 ; 21 . - 1 -2 . 92 ; 21 . 1 -2 . 93 ; 21 . - 1 -2 . 6 ; 21 . - 1 -2 . 7 ; 21 . 1 -2 . 1 [these parcels being east of Scofield Road ( the town line with Lansing) , north of Peruville Road (N . Y . S. Route 34 -B) , south of the town line with Groton and west of Cobb Street. ) The CEA is also known. as Wyckoff Swamp and contains Tompkins County Unique Natural Area (UNA) 51 . The specific environmental characteristics warranting CEA designation include: SITE AND VEGETATION DESCRIPTION This is a pristine hemlock- hardwood swamp with a closed canopy and scattered low, wet depressions. The site has a relatively flat topography . In the southeastern part of the site , there is mesic forest with beech and sugar maple which grades into hemlock-red maple-yellow birch swamp . Also present in the swamp forest are black ash and American elm . The swamp is fringed to the northwest with a series of springy , seepy openings of rich fen which form a very irregular boundary . These openings are herb and shrub dominated . Species characteristic of rich fens (globeflower and swamp buckthorn) are abundant. The soil surface of these seepy areas is covered with mosses . Further north and west, these openings grade into dogwood- viburnum shrub swamp. The marsh along the stream has cattails and cut grass . There are also areas of successful forest with old - field herbs. REASONS FOR SELECTION • Quality example of plant community • State-designated wetland • Rare or scarce community types • • Scenic/ Aesthetic value • Rare or scarce plants • Historic botanical/ zoological site • Diverse fauna SPECIAL LAND - USE INFORMATION Special Land -Use Designation Features • The New York Natural Heritage Program has determined that this site may contain rare plants, animals, and/ or significant ecological communities . • Some or all of this site lies in an agricultural district, certified pursuant to NYS Agriculture and Markets Law. • The Tompkins County Greenway Coalition has identified a biological corridor which includes this site . Water Resources • Wetlands identified on the National Wetlands Inventory are found on this site . • A stream runs through this site. • All or some of a Class 3 NYS Freshwater Wetland lies on this site . • A NYS protected stream runs through this site . CEA-02 : Part of Town of Dryden Tax Parcels 21 . - 1 -24 . 13 ; 21. . - 1 - 24. 4 and 21 . - 1 -24 . 5 (these parcels being south of Walden Lane) . Also part of Town of Dryden Tax Parcels 21 . - 1 -33 . 2 ; 21 . 4 - 34 . 1 ; 21 . - 1 - 35 . 51 ; 21 . - 1 - 35 . 52 ; 21 . - 1 - 35 . 4 ; 21 . - 1 - 35 . 2 ; 21 . - 1 - 35 . 3 ; 21 . - 1 -37 . 2 ; 21 . - 1 -39 . 2 ; 21 . - 1 -41 ; 21 . - 1 -42 ; 21 . - 1 -43 ; 21 . - 1 - 10. 21 ; 21 . - 1 - 11 ; 21 . - 1 - 12 . 3 ; 21 . - 1 - 12 . 2 ; 21 . - 1 - 13 ; 21 . - 1 - 14 . 2 ; 21 . 1 - 18 ; and 21 . - 1 - 19 . 4 (these parcels being south of Peruville Road , north of Bone Plain Road and west of Sheldon Road) . • The CEA is also known as Townley Swamp, East Branch and Townley Swamp, West Branch and contains Tompkins County UNAs 49 and 50 . rage 17ont TB 7- 19- 12 The specific environmental characteristics warranting CEA designation for Townley Swamp, East Branch include : SITE AND VEGETATION DESCRIPTION This is a large wetland that is mostly hemlock-red maple swamp. The dominant species is hemlock, but red maple, yellow birch and black ash are also common . Sphagnum is abundant on the hummocks. In open areas , sedges , marsh marigold , skunk cabbage , sensitive fern, cinnamon fern, and water cress are present. REASONS FOR SELECTION • State-designated wetland • Scenic/ Aesthetic value • Quality example of plant community • Rare or scarce plants • Old -growth forest SPECIAL LAND -USE INFORMATION Special Land-Use Designation Features • Some or all of this site lies in an agricultural district , certified pursuant to NYS Agriculture and Markets Law. • The Tompkins County Greenway Coalition has identified a biological corridor which includes this site . • This site is wholly or partially located within a Cornell owned and designated off- campus natural area. • A mature forest stand with trees over 150 years old is found on this site . Water Resources • Wetlands identified on the National Wetlands Inventory are found on this site . • A stream runs through this site. • All or some of a Class 4 NYS Freshwater Wetland lies on this site . • A NYS protected stream runs through this site . The specific environmental characteristics warranting CEA designation for Townley Swamp , West Branch include : SITE AND VEGETATION DESCRIPTION Townley Swamp is one of the largest and most pristine swamps in Tompkins County . In this rich , mesic forest adjacent to the swamp , sugar maple , basswood , white ash , red maple , and bitternut hickory arc found abundantly . Musclewood , spicebush , arrowwood , and nannyberry occur in the understory. Herbs are abundant and diverse and species diversity is generally high . The swamp is mostly hemlock, red maple , yellow birch forest . Black ash is present in some areas . The ground is hummocky with water pools between the hummocks. Bryophytes are abundant and diverse . There are some areas of speckled alder thicket. REASONS FOR SELECTION • Rare or scarce plants • Historic botanical / zoological site • Rare or scarce community types • State-designated wetland • Diverse fauna • Old -growth forest SPECIAL LAND -USE INFORMATION • Special Land- Use Designation Features • Some or all of this site lies in an agricultural district , certified pursuant to NYS Agriculture and Markets Law . Page 18 of 21 TB 7- 19- 12 • • The Tompkins County Greenway Coalition has identified a biological corridor which includes this site. • A mature forest stand with trees over 150 years old is found on this site. Water Resources • Wetlands identified on the National Wetlands Inventory are found on this site. • A stream runs through this site. • All or some of a Class 4 NYS Freshwater Wetland lies on this site. • A NYS protected stream runs through this site . CEA-05 : All or part of Town of Dryden Tax Parcels 28 . - 1 - 2 . 3 ; 28 . - 1 - 2 . 6 ; 28 . - 1 - 2 . S ; 28 . - 1 - 4 ; 28. - 1 -5 ; 28 . - 1 -6 ; 28 . - 1 - 7 . 2 ; 28 . - 1 - 7 . 3 ; 28 . - 1 - 19 . 121 ; 28 . - 1 - 19 . .1. 12 ; 28 . - .1 - 19 . 14 ; 28 . - 1 - 24 . 2 ; 28. - 1 - 25 . 12 ; 28 . - 1 -28 . 2 ; 28 . - 1 -29 . 12 ; 28. - 1 -33 ] these parcels being south of Nile School Road , west of Ed Hill Road, north of Brooklyn Road (village of Freeville line) and east of Groton Road (N . Y . S . Route 38) ] . The CEA is also known as the Freeville Fir Tree Swamp and contains Tompkins County UNA 73 , and is adjacent to UNAs 48 and 71 . The specific environmental characteristics warranting CEA designation for Townley Swamp , East Branch include : SITE AND VEGETATION DESCRIPTION This important botanical site has been altered by beaver activity in recent years . Most of the swamp is forested (80%) , however, the site has an incomplete canopy due to the wetness and frequent windthrow (trees falling) . Some areas have a dense shrub layer. There are islands of mesic forest and some open marsh . The lowest areas near the creek are flooded by beaver • and very disturbed right now. The wettest areas of the swamp, east of the railroad , are dominated by white pine , balsam fir, hemlock , with fir (estimated 200 -300 trees) dominant in some areas. This is the only true fir tree swamp in the County . Also east of the former railroad is swamp forest dominated by hemlock , black ash , yellow birch , and red maple with balsam fir and musclewood in the understory . Wetland understory shrubs include mountain holly, hairy honeysuckle, velvetleaf blueberry , and mountain ash . On slightly higher ground are burr oak, quaking aspen, and white pine with smooth alder, hornbeam , with gray dogwood in the understory. On low islands in the swamp are white oak, red oak, pignut and shagbark hickories, white pine and hemlock. There is a grove of extremely large hemlock here . REASONS FOR SELECTION • Quality example of plant community • Rare or scarce plants • Scenic /Aesthetic value • Historic botanical / zoological site • Area of geologic importance • Rare or scarce animals • Diverse fauna • State-designated wetland • Rare or scarce community types • Old-growth forest SPECIAL LAND- USE INFORMATION Special Land- Use Designation Features • The Tompkins County Greenway Coalition has identified a biological corridor which includes this site . • • Some or all of this site lies in an agricultural district , certified pursuant to NYS Agriculture and Markets Law. • The Tompkins County Greenway Coalition has identified a possible multi- use Page 19of21 TB 7- 19- 12 • trail on this site . • The New York Heritage Program has determined that this site may contain rare plants, animals , and / or significant ecological communities . • A mature forest stand with trees over 150 years old is found on this site . • This site is considered historically valuable by local residents . There is a concentration of historic structures in the area. Water Resources • A stream runs through this site. • Wetlands identified on the National Wetlands Inventory are found on this site . • All or some of this site lies within Flood Zone A ( 100-year-flood) as identified by FEMA. • All or some of a Class 1 NYS Freshwater Wetland lies on this site . Class 1 is the most valuable site assigned . • A NYS protected stream runs through this site . and be it further RESOLVED , that pursuant to NYCRR 617 . 14 (g) (2) , a certified copy of this resolution , together with a copy of the map prepared by the Planning Department depicting the boundaries of the CEA 's above described and the affidavit of publication of the Notice of Public Hearing be forthwith filed with the commissioner of the DEC , the regional office of the DEC, the regional office of the Department of Transportation , and the Tompkins County Health Department . 2" Cl Leifer Roll Call Vote Cl Stelick Yes Cl Solomon Yes • Supv Sumner Yes Cl Leifer Yes CI Lavine Yes The next of set critical environmental areas to be considered by the Town Board are CEAs 06 through 12 . The board decided it would be best to hold the hearing on a night other than a regular meeting night, and set the public hearing for September 6 , 2012 , at 7 : 30 p . m . Supv Sumner said there is a request for a payment outside the abstract for one of the music performers . The contract was not received in time for payment last week . RESOLUTION # 139 (2012) - AUTHORIZE PAYMENT OUTSIDE OF ABSTRACT CI Stelick offered the following resolution and asked for its adoption: RESOLVED , that this Town Board hereby authorizes a payment, outside of the regular abstract, to Joe Crookston in the amount of $350 . 00 for a performance for the summer music series . 2nd Cl Leifer Roll Call Vote Cl Stelick Yes CI Solomon Yes Supv Sumner Yes Cl Leifer Yes CI Lavine Yes • Time Warner - Cl Leifer said has been contacted by a resident who lives in an area that has Time Warner coverage , but they have a long driveway and are in dispute with Time Warner Page 20 cr21 113 7- 19- 12 • about the cost to run the line to their home . CI Leifer has sent a draft letter to board members regarding other issues with Time Warner, and will amend it to also include this concern. He would like authorization to send a letter to Time Warner on behalf of the board. RESOLUTION # 140 ( 2012 ) - AUTHORIZE LETTER TO TIME WARNER Supv Sumner offered the following resolution and asked for its adoption : RESOLVED , that this Town Board hereby authorizes Cl Jason Leifer to send a letter to Time Warner Cable about line extension issues in the Town of Dryden . 2nd CI Solomon Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes Cl Leifer Yes Cl Lavine Yes COMMITTEE REPORTS Personnel , Technology & Finance Committees - Cl Stelick said he and CI Leifer met. There was nothing in personnel . Finance is a bit behind, but is looking for some information . They met with Josh Bogdan about technology and updating the website . Cl Leifer said they have received good comments about 1V4 . Supv Sumner said there has been very good interaction with IV4 and within a week the server issue was cleared up . They are now focused • on server replacement. 13 Avery announced she has hired a new deputy clerk who will be working part-time (over 20 hours per week) until January and then become full time . She asked about waiving the waiting period for insurance coverage for a part- time employee as has been done in the past. Cl Stelick said the committee is looking at the whole package of benefits, and said they will be bringing something to the board in August . He said they can address it at that time . Cl Lavine said she also thinks the temperature should be warmer in the building. She suggested a policy setting it a specific temperature . With respect to past meeting minutes, Cl Lavine said her intention in saying that we needed to think about containing legal costs was to say that we need to examine what goes into the retainer and how we control costs. It wasn 't simply to say we should hire a full-time • lawyer. There being no further business , on motion made , seconded , and unanimously carried, the meeting was adjourned at 9 : 45 p. m . Respectfully submitted, 4 -SL Bambi L. Avery Town Clerk • Page 21 of 21