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HomeMy WebLinkAbout2014-03-20TB 3-20-14 Page 1 of 15 TOWN OF DRYDEN TOWN BOARD MEETING March 20, 2014 Present: Supervisor Mary Ann Sumner, Cl Gregory Sloan, Cl Joseph Solomon, Cl Jason Leifer Absent: Cl Linda Lavine Elected Officials: Bambi L. Avery, Town Clerk Other Town Staff: Jane Nicholson, Interim Planning Director Mahlon Perkins, Town Attorney Dave Sprout, Code Enforcement Officer Kevin Ezell, Code Enforcement Officer Rick Young, Highway/DPW Superintendent Rick Case, Deputy DPW Superintendent Supv Sumner called the meeting to order at 7:00 p.m. and board members and the audience participated in the pledge of allegiance. PUBLIC HEARING AT&T – AMEND SPECIAL USE PERMIT 154 SIMMS HILL ROAD Supv Sumner opened the public hearing at 7:02 p.m. and explained this is r elated to a tower recertification and amendment of their special use permit. Don Ross, Phillips Litel law firm, new Cingular Wireless, LL (AT&T) spoke on behalf of the applicant. This is an application for recertification of a special use permit for a tower located at 154 Simms Hill Road. There are currently 6 antennas and associated equipment. There are also two 8’ microwave dishes. There is a 12’ by 12’ area at the foot of the tower that houses equipment. The amendment to the special use permit entails adding 3 antennas to provide improved LTE service to smart phones. The town has received a structural analysis ensuring the tower will withstand 90 mph gusts of wind with the existing load and the proposed additional load will maintain the structural integrity. AT&T did provide an updated inspection. There are no issues with the tower that affect its structural integrity, but there are maintenance issues that will be addressed. The report noted rust, lightening rod cable needing adjustment, and it is not clear that the bottom guy anchors are correctly tensioned. That job will be put out to bid and probably will be done by early summer. There were no questions from the board. Vaughn Sherman said he leased the land for the tower in 1996 and it has been a nightmare. They put the driveway in the wrong place. They are supposed to keep the grounds neat and the farm is organic, so they can’t spray and just leave the weeds grow. They are to maintain the driveway and that doesn’t happen. One year it was so bad they couldn’t drive a four-wheel drive tractor there. AT&T came down and went through the neighbor’s driveway and drove across the crops in the field. He can’t call them and they don’t return calls. They put a ditch in front of the pasture where the cows go in and then filled it in with soft material. The cows then fell in the ditch because the ground was so soft. He d oesn’t think the town can TB 3-20-14 Page 2 of 15 do anything about it. It’s likely they won’t renew the lease. Shermans receive $300 per month for all this nonsense, and he understands that others get $1,000 or more. D Ross said this is the first he’s heard this, and will be in touch with the head of the network to make sure this is taken care of. There were no other questions or comments from public, and Supv Sumner closed the public hearing at 7:18 p.m. RESOLUTION #48 (2014) - APPROVE AT&T RECERTIFICATION 154 SIMMS HILL ROAD Cl Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board approves the recertification of the AT&T telecommunications tower at 154 Simms Hill Road, contingent on applicant remedying the items of concern in the inspection report by August 31, 2014. 2nd Cl Sloan Roll Call Vote Cl Sloan Yes Cl Solomon Yes Supv Sumner Yes Cl Leifer Yes RESOLUTION #49 (2014) – AMEND AT&T SPECIAL USE PERMIT 154 SIMMS HILL ROAD Supv Sumner offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby amends the special use permit issues to AT&T for the telecommunications tower at 154 Simms Hill Road to allow for addition of equipment specified in the drawings submitted for this application, contingent on repair of the driveway. 2nd Cl Sloan Roll Call Vote Cl Sloan Yes Cl Solomon Yes Supv Sumner Yes Cl Leifer Yes PUBLIC HEARING TC3 SOLAR PROJECT – BORREGO SOLAR SYSTEMS, INC. SITE PLAN REVIEW SPECIAL USE PERMIT AND RENEWABLE ENERGY SPECIAL USE PERMIT BAHAR DRIVE The public hearing was opened by Supv Sumner. The Board is familiar with the project, and Supv Sumner said it has been a pleasure to work on the review. It’s a great opportunity and it’s great that TC3 was able to take advantage of it. Comments from public: TB 3-20-14 Page 3 of 15 Bruno Schickel said he had seen Cortland State’s solar project on Route 281 and is not very impressed with the installation. It seems to be lacking aesthetically. The panels are close to the ground and close together. It creates a lot of shade for any plants growing underneath. He is curious about maintaining whatever foliage does grow. It doesn’t appear a lawnmower will fit under those at Cortland State. He also asked whether shading creates potential for significant erosion. David Albrecht, Borrego Solar Systems explained the system used at Cortland State is based on a driven H pile. The proposal at TC3 is different. Each rack has 4 legs, screwed into the ground with a 6-7’ long auger and they are adjustable. The panels will roll with the land. The ones at TC3 will be higher off the ground. The leading edge will be 36” above ground making more than enough space to mow underneath and it will be mowed once or twice a year. The rows are 20’ apart to prevent shading and there is no problem with mowing. Grasses grow fine under the panels. D Bravo-Cullen asked if there could there be any co-use of the property such as for grazing sheep or goats. D Albrecht said there has been discussion about some kind of agricultural co-use. TC3 has a farm to bistro program but will have no livestock. There is a concern with grazing animals, but they could perhaps grow low-lying crops or some berry bushes. Limited access to the property is best. Everyone seems to be on board with a co-use and they will continue to discuss that. B Schickel said 10 acres will be covered by solar panels. What is in Cortland is an acre or two. This is a big area and he thinks they need to be installed so that they look good. Craig Anderson asked about decommissioning and who pays when it comes down in 25 years or so. It was explained there are three options at end of the term. The college can agree to another contract, the system is taken out, or TC3 takes control of the project. It was noted that in 20 years there will be more efficient panels and they probably will simply replace what is there. They would like to see the project continue. After the initial investment, the power is free. No carbon dioxide will be emitted from the arrays over the next 20 years. No big trucks will be rolling in and out. There is no history of decommissioning a solar energy system anywhere yet. Right now 90% of the materials used are recyclable. There are people that will take the material away if a system is decommissioned. Mike Lane said this project is very exciting. It is the first major solar installation in the town of Dryden. It is the wave of the future. Municipal Electric & Gas Alliance (MEGA) has started down the road to remote net metering in these kinds of installations. It takes us away from fossil fuels, which will eventually be a good thing for the environment. He hopes the town board acts appropriately on this. B Schickel asked what happens at the end of 25 years, and what the contractual obligation is. He was told if TC3 doesn’t want them, the company will take them away. He said the only reason this makes sense is because of government subsidy. Hopefully they will be able to swap out for something that won’t require a subsidy. J Osmeloski asked the cost of project and was told it was 5.5 million dollars. The project will provide about 90% of TC3’s last years consumption. Supv Sumner closed the public hearings at 7:55 p.m. TB 3-20-14 Page 4 of 15 Site Plan Review – The Planning Department has no negative findings with the site plan and recommends the board waive the requirement for sidewalks in the site plan review checklist and the requirement for bike parking. They will allow motion sensory lighting, dark sky compliant, for safety and security reasons. There is no problem with access to a fire hydrant. There were no questions on site plan. TG Miller Engineers reviewed the stormwater plan and submitted a report dated March 10, 2014 and there are no problems. Recommendations are clear to the applicant. The County 239 review is complete and their letter dated March 13, 2014, indicates a determination of no negative inter-community or county-wide impacts. The board reviewed Part II of the full State Environmental Quality Review form. RESOLUTION #50 (2014) – NEG SEQR DEC – TC3 SOLAR PROJECT BAHAR DRIVE Cl Sloan offered the following resolution and asked for its adoption: WHEREAS, A. The proposed action involves consideration of the application of Tompkins Community College to construct a solar array on a ten acre parcel of land on Bahar Drive. 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 lea d 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 Full Environmental Assessment Form (the “Full 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 Full 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 Full 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 Full 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 nei ther 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, TB 3-20-14 Page 5 of 15 confirming the foregoing Negative Declaration, which fully completed and signed Full EAF and determination of significance shall be incorporated by reference in this Resolution. 2nd Cl Leifer Roll Call Vote Cl Sloan Yes Cl Solomon Yes Supv Sumner Yes Cl Leifer Yes RESOLUTION #51 (2014) – APPROVE TC3 SOLAR SITE PLAN Supv Sumner offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the site plan submitted by Tompkins Cortland Community College for its solar project on Bahar Drive, subject to the recommendations in the March 13, 2014, report by the Planning Department. 2nd Cl Sloan Roll Call Vote Cl Sloan Yes Cl Solomon Yes Supv Sumner Yes Cl Leifer Yes The board reviewed the special use permit standards relative to the renewal energy and special use permits. RESOLUTION #52 (2014) – APPROVE TC3 SOLAR SPECIAL USE PERMIT Cl Sloan offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the special use permit application of Tompkins Cortland Community College to establish a solar facility in an agricultural zone on Bahar Drive. 2nd Cl Solomon Roll Call Vote Cl Sloan Yes Cl Solomon Yes Supv Sumner Yes Cl Leifer Yes RESOLUTION #53 (2014) – APPROVE TC3 SOLAR RENEWABLE ENERGY PERMIT Supv Sumner offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the special use permit application of Tompkins Cortland Community College to establish a solar facility pursuant to the provisions of the Town of Dryden’s Renewable Energy Law. 2nd Cl Solomon Roll Call Vote Cl Sloan Yes Cl Solomon Yes Supv Sumner Yes Cl Leifer Yes TB 3-20-14 Page 6 of 15 CITIZENS PRIVILEGE David Bravo Cullen said with respect to the Ringwood Ponds area, he is not in favor of taxpayers donating money for something they won’t have access to. He thinks Cornell can get money in other ways. Supv Sumner said she has been in touch with the Director of Natural Areas at Cornell and that has been corrected and it is open to the public. He will be speaking about that later in the agenda. D Bravo-Cullen would prefer that taxpayers donate voluntarily themselves. With respect to the Town budget, he said the most important goal of sustainability is a sustainable town budget. Annual expenses must be less than or equal to the total annual income. Expenses in the town continue to exceed income and consume more of our savings each year. The Town’s goal should be to reach a balanced and sustainable budget. This year the town received an unexpended opportunity to reduce expenses by $175,000 to $200,000. The opportunity is to reduce the size of the town workforce without any layoffs. Don’t replace the staff members that have resigned. The challenge is to reorganize the departments to allow remaining staff to handle the work load successfully. Bruno Schickel presented a reorganization plan for the Planning Department (attached) and reviewed it with the board. It proposes to rebalance the duties of staff to maximize the expertise and talents of the remaining personnel. He compared the size of the Planning Department in Dryden with other municipalities in Tompkins County. He thinks the current staff level is about right, but the mix and duties need to more fully take advantage of their talents and creating an efficient operation. It doesn’t seem there is any justification for having a director supervising two building inspectors and a secretary. The current acting director has no building code expertise and is signing and approving building permits. It is an unbalanced situation. The board should rebalance the duties to maximize their expertise. When the senior planner was made acting director, that person was given a $12,000 per year raise and he questions whether it is justifiable. There could be some salary savings in redefining the position. Craig Anderson said he has concerns about Ringwood ponds. The town is tight with funds right now and to spend $4,000 that we don’t have doesn’t seem sensible. Bruno and David make good points on the budget. Jane Nicholson said last week she could run the department with four people. Someone should talk with her and see how she can do that. The board should work on trails if you have $4,000 burning a hole in your pocket. TOWN CLERK RESOLUTION #54 (2014) – APPROVE MINUTES Cl Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the minutes of the February 20, 2014 town board meeting. 2nd Cl Sloan Roll Call Vote Cl Sloan Yes Cl Solomon Yes Supv Sumner Yes Cl Leifer Yes TB 3-20-14 Page 7 of 15 ENGINEERING Yellow Barn Project – Andrew Sciarabba said a week ago we received bids for the Yellow Barn Water District Improvements. There were four bids and a lot of bid interest. The bad news is the bids came in high. The estimated construction budget was $362,000. Low bid is $130,000 over that. They’ve reviewed everything and there isn’t enough that can be done to make up the difference. The Health Department is now requiring septic systems for utility treatment buildings even though there is no black water. An eyewash station now has to have tepid and pressurized water. He said they overestimated the bidding climate in 2012 when they did the map, plan and report. They included an 18% contingency, but it obviously was not enough. There is no way they can move forward with the project as bid. They will review everything, figure out the additional cost to the homeowners, make a recommendation in two weeks and let the board decide. There is a 60 day hold on the bids. TG Miller will approach the apparent low bidder to see if they will hold their bid. If they agree to, the town can go back to the district for additional funds. The best scenario is the project will start construction in August. The Board may call a special meeting on or after April 3 to discuss this. HIGHWAY/DPW DEPARTMENT Highway Superintendent Rick Young presented the board with a §284 agreement, Agreement to Spend Town Funds. Supv Sumner said she hasn’t had a chance to study the Agreement. She noted that the agreement covers 15 miles of work. Six jobs involve hot mix. R Young said that is being used because of the way the roads are breaking up. Supv Sumner will meet with him prior to the next meeting and be better prepared to approve next meeting. R Young presented the board with information regarding equipment he would like to purchase and budget and reserve balances (attached). To make the DPW purchases he would need to appropriate $46,399 from unexpended fund balance. It is not necessary to decided on the truck purchase at present, and board will need to do a resolution to appropriate the funds from the highway reserve account. After discussion, the board passed the following resolution. RESOLUTION #55 (2014) – APPROPRIATE FUNDS FOR DPW PURCHASES Cl Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby appropriates the sum of $46,399 from unexpended fund balance (A599) to equipment (A1490.2) to be used for planned purchases by the DPW Department. 2nd Cl Solomon Roll Call Vote Cl Sloan Yes Cl Solomon Yes Supv Sumner Yes Cl Leifer Yes Rick Case, Deputy Department of Public Works Superintendent, asked if the fund balance from the highway budget will go into the capital reserve. Supv Sumner said the policy is that any surplus at the end of the year will be transferred to the reserves and/or, if a purchase is approved higher than the current year’s budget, we would draw from reserve. Being able to appropriate these funds saves the step of transferring it to reserves and asking to take it back out. He was told the purchase of the excavator could proceed because it was within budget. The department will use the national bid instead of going out to bid. TB 3-20-14 Page 8 of 15 COUNTY BRIEFING Mike Lane said they are keeping an eye on TC3 because enrollment is down (about 4%) this year. That results in a reduction in planned income from student fees and state aid. They are already beginning to take action to meet those budget challenges. The state is not keeping up with its share of the cost of community colleges and the Governors budget has not increased the amount of state reimbursement. It is about $250 per student lower than it was before 2008. The college will probably ask its sponsoring counties for additional assistance. It will be hard to make that happen with the Governor’s freeze. At the county level, it will be difficult to maintain levels of expected services in the future with the Governor’s initiative in place. TCCOG had a press conference today saying they agree that there is a property tax problem in New York but disagree that the problem has been caused by overspending at the local level. The Governor wants consolidation and says it will save money. Consolidation of services may save money and the county health insurance consortium is a good example of that. There needs to be a realignment of the State’s responsibility. The way New York State gets at the real property tax base is not by doing a property tax, but by making the junior municipalities go to the tax base to pay for the mandated services. No Medicaid cost to Tompkins County would mean an annual savings of $12,000,000 and a lower tax on the average residence by about $300. There could be a savings of 57% if the state took over additional state mandates. If the freeze had been in place last year, residents would receive a $7.37 check for their rebate. The Governor says a hindrance to business coming to New York is property taxes. M Lane said the freeze will do nothing for businesses. UNFINISHED BUSINESS Ringwood Road Natural Area – Supv Sumner said after the last meeting she emailed Todd Bittner about the webpage saying the area was not open to the public and that has been changed. Todd Bittner, Natural Areas Director for Cornell Plantations, said Ringwood Ponds Natural Area is one of the most unique natural areas in Tompkins County. It has a special geologic history that created a landscape unlike any other in our area. The diversity of landscape, soils, and rock formations has lead to a diversity of plant communities, rare animals and plants. It is the most significant archeological site i n the County and in some of the 240 acres are old growth forest conditions. Conservation efforts began in 1934 with a gift to Cornell of 114 acres by the Lloyd Library Museum of Cincinnati, Ohio. Additional donations and acquisitions have increased it to its present 220 acres. The inspiration for the effort in the 1930’s was the recognition that these special places were disappearing and the need to preserve those for future generations. It is the most widely used area of Plantations’ natural areas in the Town of Dryden. See attached information on the area. Plantations has been offered the opportunity to purchase at a bargain sale price approximately 9.88 acres adjacent to the Ringwood Ponds area. This is included within the Tompkins County Ringwood Ponds Unique Natural Area Inventory Site. It includes areas identified as priority conservation areas in the Finger Lakes Land Trust Emerald Necklace as well as being identified by other entities as an area worthy of conservation. The cost of the parcel is $8,000 (below market value). Plantations manages 3400 acres of Cornell’s outdoor classrooms. Only McLean bogs is open only by invitation. 50% of the natural acres are in Dryden. It is a benefit to the town to have properties like this for recreation, conservation, and wildlife. The website mistake has TB 3-20-14 Page 9 of 15 been fixed. Birders are invited to the unique area. The public may hunt for free in their deer management program. Supv Sumner said she thinks this is an interesting example of planning. The Conservation Board is now working on an open space plan and has drafted guidelines for identifying natural areas that the town may be interested in supporting or acquiring. This is something the Plantations and Cornell has been doing for a long time. They are aware of areas of interest long before they become available. It has been asked several times why the town would give the deep pockets Cornell money. Supv Sumner said it is part of the responsibility of town officials to protect important natural areas in town. T Bittner said the cost for taking care of one of these areas exceeds the upfront costs. By making it available to public, those costs will outweigh any up front acquisition costs. It was asked whether Cornell would continue with the acquisition if the Town did not contribute. He was told that the Plantations will divest of other property if they don’t have the funds. They get little support from Cornell University, and have pledged to make this a budget neutral situation. Supv Sumner reminded the board that the Conservation Board has passed a resolution encouraging support of this acquisition and recommending a contribution. Planning is part of what we do and being in the right place to do the right thing at the right time is fortunate. Plantations will take care of all future expenses. They will talk with the town about appropriate signage. There are no future financial obligations on the part of the town for maintenance. RESOLUTION #56 (2014) – SUPPORT RINGWOOD PONDS ACQUISITION Supv Sumner offered the following resolution and asked for its adoption: WHEREAS, Cornell Plantations has an opportunity to purchase a parcel of land adjacent to the Ringwood Ponds Natural Area; and WHEREAS, the Town Board of the Town of Dryden recognizes the ecological importance of the parcel to be acquired; and WHEREAS, the Dryden Conservation Board has recommended that the Town Board support the acquisition; WHEREAS, the Cornell Plantations Ringwood Ponds Natural Area is open to the public for educational appropriate recreational uses; now, therefore, be it RESOLVED, that the Town Board supports Cornell Plantations acquisition of the property; and FURTHER RESOLVED, that the Town Board appropriates from A8790.404 a total of $4,000, $2000 to be paid in the fiscal year 2014 and the remaining $2000 to be paid in fiscal year 2015; and FURTHER RESOLVED, that Cornell will recognize the town’s contribution by including “With Support from the Town of Dryden” to signage and promotional materials for the acquired parcel. 2nd Cl Solomon TB 3-20-14 Page 10 of 15 Roll Call Vote Cl Sloan Yes Cl Solomon Yes Supv Sumner Yes Cl Leifer Yes Cl Leifer said it is important to involve the Ag committee in discussions about a policy for acquisition of property by the town. NEW BUSINESS Supv Sumner has previously provided information about an amendment to the Health Insurance Consortium’s agreement. There is a Plan, Structure & Design Committee that includes representatives of all bargaining units associated with all members of the Consortium. They have accepted a couple of new municipal members and their bargaining units. The labor units want the labor representation on the board to increase proportionately. RESOLUTION #57 (2014) - TO APPROVE THE 2014 AMENDMENT TO THE MUNICIPAL COOPERATION AGREEMENT FOR THE GREATER TOMPKINS COUNTY MUNICIPAL HEALTH INSURANCE CONSORTIUM Supv Sumner offered the following resolution and asked for its adoption: WHEREAS, the Town of Dryden is a Participant in the Greater Tompkins County Municipal Health Insurance Consortium (the "Consortium"), a municipal cooperative organized under Article 5-G of the New York General Municipal Law; and WHEREAS, the Board of Directors of the Consortium, including a representative of this body, has approved and executed a certain Municipal Cooperation Agreement (the "Agreement"), which provides for the operation and governance of the Consortium; and WHEREAS, Article 47 of the New York Insurance Law (the "Insurance Law") and the rules and regulations of the New York State Superintendent of Insurance set forth certain requirements for governance of municipal cooperatives which offer self -insured municipal cooperative health insurance plans; and WHEREAS, Section 4705(a)(8) of the Insurance Law provides the governing board of self-insured municipal cooperative must include representation of unions, which are the exclusive collective bargaining representatives of employees who covered by the plan offered by such self-insured municipal cooperative; and WHEREAS, Section K of the Agreement currently in place provides for representation on the Consortium's Board of Directors (the “Board”) by the Chair of the Labor Management Advisory Committee (as defined in the Agreement); and WHEREAS, by resolution adopted on September 26, 2013, the Consortium's Board approved an amendment to the Agreement to (a) increase the number of labor representatives on the Board; and (b) provide for future increases to the number of labor representatives on the Board in the event number of participants in the Consortium increases, all as more fully set forth in the 2014 Amendment to the Municipal Cooperation Agreement attached hereto as Exhibit “A” (the “2014 Amendment”); and WHEREAS, Section T of the Agreement requires that any change or amendment to the Agreement shall require the unanimous approval of the Participants, as authorized by their respective legislative bodies; and TB 3-20-14 Page 11 of 15 WHEREAS, the Town of Dryden has determined that it is in the best interest of its constituents who are served by the Consortium to amend the Agreement as set forth in the attached 2014 Amendment, now therefore be it RESOLVED that the Town Board of the Town Dryden approves the following: Section 1. The 2014 Amendment to the Municipal Cooperative Agreement of the Greater Tompkins County Municipal Health Insurance Consortium attached to this Resolution is approved. Section 2. The Town of Dryden Clerk is hereby authorized to execute this Resolution to indicate its approval, deliver a copy thereof to the Board of the Greater Tompkins County Municipal Health Insurance Consortium, and take any other such actions as may be required by law. Section 3. This Resolution shall take effect immediately. 2nd Cl Leifer Roll Call Vote Cl Sloan Yes Cl Solomon Yes Supv Sumner Yes Cl Leifer Yes Supv Sumner said she had been approached by the Court security guards wondering if it was possible for the Town to make them employees rather than contract with them. She discussed it with Atty Perkins and he has drafted a local law to accomplish that. It gives them certain authorities that they don’t have currently. The following local law was introduced and a public hearing was set for April 17 at 7:00 p.m. 1. This Local Law is adopted pursuant to authority of Municipal Home Rule Law Section 10(1)(ii)(a)(1) and Section 10(1)(ii)(d)(3). 2. The Town Board of the Town of Dryden is hereby authorized to appoint not more than four (4) town constables to have powers in both civil and criminal matters as court attendants and enforcement officers for the Town of Dryden Justice Court. 3. Such constables shall be part time, non-competitive exempt employees of the Town and shall serve at the pleasure of the Town Board. They shall be peace officers as defined in the Criminal Procedure Law and enforcement officers as defined in the Uniform Justice Court Act. 4. Persons appointed constables pursuant to this local law need not be electors of the Town. 5. The Town Board shall fix the hours of work, wages, and terms of employment of the c onstables which wages shall be in lieu of any other fees or compensation. 6. Pursuant to Municipal Home Rule Law Section 22, to the extent the provisions of this local law are inconsistent with Town Law Sections 20 and 23, it is the intent of this local law to supersede such sections. 7. This local law shall take effect upon filing with the Secretary of State. TB 3-20-14 Page 12 of 15 Supv Sumner said a while ago the town declined the opportunity to participate in a grant for making home energy ratings available for houses that are being bought and sold. The board did not agree with the direction of requiring home energy ratings and was short of staff time for participation. Since then the group has slightly redirected the intent and tried to recruit us again. Supv Sumner said she is interested in helping with hearing about the research they do and the recommendation they have to make home ratings available. Joe Laquatra, Chair of the Planning Board, has agreed to represent Dryden. RESOLUTION #58 (2014) – APPOINT J LAQUATRA TO HOME ENERGY RATING PROJECT Supv Sumner offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby appoints Joseph Laquatra to serve as its representative on the Home Energy Rating Project. 2nd Cl Sloan Roll Call Vote Cl Sloan Yes Cl Solomon Yes Supv Sumner Yes Cl Leifer Yes The board has received requests to pay two invoices outside of the Abstract. RESOLUTION #59 (2014) – PAY INVOICES OUTSIDE OF ABSTRACT Supv Sumner offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves payment of the following invoices outside of the Abstract: Pitney Bowes in the amount of $329.88 Bailey Place Agency in the amount of $114.50 2nd Cl Leifer Roll Call Vote Cl Sloan Yes Cl Solomon Yes Supv Sumner Yes Cl Leifer Yes Last week the board discussed compensating Judge Clauson for additional duties assumed for the month of March while covering for the vacancy left by Judge Valentinelli’s resignation. RESOLUTION #60 (2014) – AUTHORIZE ADDITIONAL COMPENSATION FOR JUDGE Cl Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the one-time payment to Judge Christopher Clauson in the amount of $600.00 for additional duties assumed by him for the month of March 2014. 2nd Cl Sloan Roll Call Vote Cl Sloan Yes Cl Solomon Yes Supv Sumner Yes Cl Lavine Yes TB 3-20-14 Page 13 of 15 Andrew Pierce has been performing the duties of Recreation Director since the resignation of Melissa Bianconi. He needs formal authority to sign vouchers and other obligations of the director. RESOLUTION #61 (2014) – APPOINT INTERIM RECREATION DIRECTOR Supv Sumner offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby appoints Andrew Pierce as Interim Recreation Director. 2nd Cl Solomon Roll Call Vote Cl Sloan Yes Cl Solomon Yes Supv Sumner Yes Cl Leifer Yes The board discussed an increase in salary for the Interim Recreation Director. RESOLUTION #62 (2014) – INCREASE SALARY FOR INTERIM RECREATION DIRECTOR Cl Sloan offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby increases the salary for the Interim Recreation Director by $500 per month (the equivalent of $6,000 annually) until a new Recreation Director is appointed. 2nd Supv Sumner Roll Call Vote Cl Sloan Yes Cl Solomon Yes Supv Sumner Yes Cl Leifer Yes Zoning Amendment – J Nicholson presented a proposal to rezone tax map parcels #39.- 1-1, 2 and 3 (the Wernincks property and two properties across the street) to mixed use commercial to allow for economic development. Inquiries for the property to date have not been appropriate under current zoning. It would be less prohibitive and allow for more desired uses and economic growth by rezoning the area. Unless a proposal is received for the exact same use (warehouse and retail furniture store) the grandfather clause will expire in about six months. The board introduced the following proposed amendment and scheduled a public hearing for 7:15 p.m. on April 17, 2014. RESOLUTION #63 (2014) - INTRODUCING AN AMENDMENT TO THE TOWN OF DRYDEN ZONING ORDINANCE AND SETTING A PUBLIC HEARING THEREON Supv Sumner offered the following resolution and asked for its adoption: WHEREAS, the Town of Dryden 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 TB 3-20-14 Page 14 of 15 WHEREAS, since the adoption of the Comprehensive Plan, the town, through its planning board, planning department and consultants, has been implementing Comprehensive Plan suggestions and visions as well as addressing changes in the New York Town Law Article 16 (Zoning and Planning), and WHEREAS, it sometimes becomes necessary to revise the zone designation of certain parcels in the town to better reflect their actual historical use and to facilitate the appropr iate re-use of such parcels where the historical use has ceased or changed, and WHEREAS, the planning department has proposed to change the zoning for three parcels (Town of Dryden Tax Parcels: 39.-1-1; 39.-1-2; and 39.-1-3) along the New York State Route 366 corridor to Mixed-Use Commercial, NOW, THEREFORE, BE IT RESOLVED as follows: 1. Section 401 of the Zoning Ordinance, Town of Dryden, Tompkins County, New York, originally adopted in 1969, as amended from time to time, is hereby further amended to read as follows: “Section 401: Zoning Map All land in the Town of Dryden shall fall within one of the established zones as shown on a map entitled “Town of Dryden Zoning Map” dated September 1, 2011 and revised March 18, 2014. The original and official Town of Dryden Zoning Map, as revised is filed with the Town Clerk. A reduced and unofficial copy is found in Appendix A-1”. 2. A public hearing on the proposed amendment shall be held on April 17, 2014 at 7:15 p.m. at the Town Hall. 3. The Town Clerk is authorized and directed to publish and post notice of such public hearing as required by law. 4. The planning department shall be responsible for notifying the owners of affected parcels within 500 feet of the boundaries of the parcels proposed to be re-zoned and the Tompkins County Planning Department pursuant to the requirements of General Municipal Law §§239-l and 239-m. 5. The amendment 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 Leifer Roll Call Vote Cl Sloan Yes Cl Solomon Yes Supv Sumner Yes Cl Leifer Yes TB 3-20-14 Page 15 of 15 Supv Sumner explained that a fuel purchase was included in Abstract 13 that wasn’t in the budget, so a budget modification is required. RESOLUTION #64 (2014) – APPROVE BUDGET MODIFICATION Supv Sumner offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the following budget modification: To DA5130 - machinery $19,117.47 From DA5142 – snow removal $19,117.47 2nd Cl Leifer Roll Call Vote Cl Sloan (not present) Cl Solomon Yes Supv Sumner Yes Cl Leifer Yes On motion made, seconded and unanimously carried, the board moved into executive session to discuss the employment history of a specific individual at 9:56 p.m. The board moved back into regular session at 10:08 p.m. RESOLUTION #65 (2014) – APPOINT DIRECTOR OF PLANNING Supv Sumner offered the following resolution and asked for its adoption: RESOLVED, that upon recommendation of the Personnel Committee, this Town Board hereby appoints Jane Nicholson to the position of Director of Planning. 2nd Cl Leifer Roll Call Vote Cl Sloan Yes Cl Solomon Yes Supv Sumner Yes Cl Leifer Yes There being no further business, on motion made, seconded and unanimously carried, the meeting was adjourned at 10:12 p.m. Respectfully submitted, Bambi L. Avery Town Clerk