HomeMy WebLinkAbout2015-08-20TB 8-20-15
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TOWN OF DRYDEN
TOWN BOARD MEETING
August 20, 2015
Present: Supervisor Mary Ann Sumner, Cl Gregory Sloan, Cl Joseph
Solomon, Cl Jason Leifer, Cl Linda Lavine
Elected Officials: Bambi L. Avery, Town Clerk
Other Town Staff: Ray Burger, Director of Planning
Jennifer Jones, Director of Recreation
Mariette Geldenhuys, Town Attorney
Dave Sprout, Code Enforcement Officer
Supv Sumner opened the meeting at 7:05 p.m. and board members and audience
participated in the pledge of allegiance.
PUBLIC HEARING
SPECIAL USE PERMIT
MODERN LIVING RENTALS, LLC
902 DRYDEN ROAD
Supv Sumner opened the public hearing at 7:08 p.m. Applicants Charlie O’Connor and
Todd Fox of Modern Living Rentals were present with their architect, Noah Demarest. The
project consists of three buildings containing 14 townhomes on a 2.08 acre lot at 902 Dryden
Road. An updated version of the site plan was provided late this afternoon. They have looked
at the possibility of downsizing the amount of impervious surface but allowing for the
expansion of parking should they need it. There will be some site grading. They have stayed
away from the 100 year flood plain with any of the development area and retained a buffer to
Fall Creek and the properties to the east. They intend to increase that buffer with a landscape
hedge. It will be a “net zero” building, meaning that all the buildings are 100% powered by
solar panels.
Todd Bittner, Natural Areas Director of Cornell Plantations, said their property borders
the proposed project. He is also a town resident. A map and photographs were distributed to
board members. He is concerned about impacts of the project on the adjacent natural area
and a precedent being set for further developments in Varna. This is the first project requested
since rezoning occurred. His concerns include:
Runoff issues from the property into the Cornell Plantations’ Park Park and Fall Creek
natural areas. Their property abuts the area to the north and there is another triangular
property to the west and the Park Park natural area on the other side. There is drainage along
902 Dryden Road’s west boundary that flows into the Park Park natural area before it enters
Fall Creek. Photos were presented show a present day view and the significant erosion issues
they currently have. It is down-cutting the creek creating erosion and jeopardizes some of the
trail resources and a footbridge there. The silt first goes to the dam along Flat Rock and then
into Beebe Lake and ultimately into Cayuga Lake.
A few years ago they were contacted to try and clean out the ditch because there were
flooding issues on the property at 902 Dryden Road. There are flooding issues in the area
proposed to be developed. The project grading plan dated 7/22/15 shows the location of
changes to topography proposed and the additional impervious surfaces. The developer has
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said there will be no additional runoff from the project. A lot of grading goes into the ditch, not
into the bioswale.
Increased noise, litter and access to the natural area are also a concern. Cornell
Plantation’s resources don’t afford time to deal with all those uses and their impact. Typically
there are fewer of those concerns when the property is owner-occupied, but rentals have the
biggest impact on ability to maintain the natural areas as expected. The Park Park natural
area that was gifted to Cornell by Dorothy Park is on both sides of Forest Home Drive with a
few stone picnic tables, and having a lot of additional neighbors could change the character of
that.
Public safety is a concern because of the location of the proposed entrance from Forest
Home Drive. The entrance is a few feet from the intersection with Route 366. There are
pedestrian concerns and vehicle collision concerns. Cl Sloan is also concerned with that issue.
Trust - T Bittner said he hopes there is trust that the project will be developed as
proposed. There is construction trash on the northern border and onto the Plantation natural
area property on the flood plain of Fall Creek and 30’ from the stream bank. He has mentioned
it to town officials who contacted the owner who agreed it would be cleaned up. Nothing has
been done yet and that undermines trust with respect to being environmentally sensible and
responsible and reactive to neighbors’ concerns.
As a member of the Tompkins County Planning Advisory Board, which (among other
responsibilities) worked to help develop the County’s Comprehensive Plan, T Bittner said he is
very supportive in general terms of nodal development as well as efforts to meet housing
demands that also include alternative energy. These are important goals to pursue, but should
not be done to the detriment of other resource conservation goals laid out by both the county
and the town, notably to help protect unique natural areas and provide for a buffer for aquatic
areas of concern such as Fall Creek, the source of Cornell’s drinking wat er supply and the
larger tributary to Cayuga Lake. As the project is currently proposed, it does not meet this
important balance and fit in the overall character of the neighborhood. He fears that this
precedent will ultimately lead to greater environmental degradation down the road.
C O’Connor said he takes responsibility for the refuse on site, and is working with his
site crew to get it cleaned up.
Cheryl Humerez, 908 Dryden Road, said she understands there will be 2, 3, and 4
bedroom townhomes on the site, and will be located between two residential homes. These
homes were built in the 1850 and 1836 and have been occupied by her family over 40 years.
They chose the homes because of the natural, rural setting and the beauty of Fall Creek
winding by their properties. They are concerned that renters may not respect the property they
will reside on for a short period of time. She asked that the board c onsider the impact this
project will have on them, the community, and nature and wildlife in the area. There is
concern about runoff from the parking lot (up to 46 vehicles) to the creek. Air quality is also a
concern with that number of vehicles. The applicant has already started filling the area. She
asked if there were any drainage studies done prior the land filling. No one has checked the
drainage situation at 908 Dryden Road. She knows where it drains on their property when
there is excessive rainfall. She doesn’t feel the applicant has owned the property long enough
to know the extent of what the rainfall can be in that area. Approving this development
proposal will set a precedent and developers will buy up properties and turn the hamlet of
Varna into a rental community to satisfy college students and college areas.
Supv Sumner said she is saddened to hear that the problem is renters. A short tenure
doesn’t necessarily mean they are bad neighbors and problems with tenants can be addressed
through management. We have seen excellent management of rental properties.
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Alice Humerez, 904 Dryden Road, said she is also concerned with traffic coming out of
Forest Home Drive and into the heavy traffic. Miss Ross and others came to Varna to get away
from the city hubbub and be in a peaceful community. The wanted a rural and not urban
setting. She was shocked to get the card about the hearing. The building is going to be right
against her fence.
Liz Ross said she lives on the corner of Forest Home Drive, her driveway is there and it
is scary because people come around the corner too fast.
Jim Skaley, 940 Dryden Road, commented on how the project evolved. He thinks this
in general is a very nice project and applauds the developers for going for LEED development
and conservation etc, but there are other places within the Varna community more
appropriately zoned. The three zones in Varna are traditional, mixed use and an area that has
combination where multiple use is also available. Multiple units are not prohibited in the
traditional zone. At first it sounded good pretty good. The planning board reviewed this prior
to the stage of special use permit, and he asked whether this has this been viewed within the
character of the local community. There are two major features of the Varna Development
Plan. One is to promote more single family units to re-balance the areas between traditional
homeownership and multi-unit ownership, which they acknowledge will happen. The concept
can be easily undermined by looking at how to get through the exist ing zone without
compromising. Meeting the letter of law as opposed to the spirit of the law is another way of
putting it. There is a mountain that is evolving in the heart of the community because the
town has failed to put together an ordinance that deals with fill. If that fill were in the heart of
the Village of Dryden that would create a stir. They feel the town is not taking appropriate
steps to protect the community within that area.
Noah Demarest thanked the speakers for their comments. The applicant took the
project to the Planning Board voluntarily first for feedback and guidance. The project was
designed to meet the hamlet design guidelines and it does that. They have engaged White
Engineering (flood plain engineer out of Binghamton) and they will prepare the stormwater
prevention plan that is required. With respect to the driveway grading, the stormwater
prevention plan will be much more detailed and best practices will be implemented. The intent
is that all water is collected on site and treated for quality as well as quantity before flowing
into Fall Creek. The drainage area referred to is actually a culvert that comes from Dryden
Road. There is land that drains in that general direction and that will be changed with parking
and collected and diverted. It is a requirement and the intent is to collect all the water.
Todd Fox said the neighbors’ concerns are valid and important to them so that
solutions can be applied to the project and make it better. The water that travels through the
culvert/easement referred to is not coming from their property, but they are willing to try to
mitigate that. They are working on a stormwater plan and will try and store that on their
property if they can. They are getting a pretty good understanding of what happens with
storms.
With respect to car pollution, they are adding about 40 vehicles and thousands drive
past the property each day. There is a public bus and they can encourage tenants to not have
a car by offering reduced rent or car share plans. They will try to limit the number of cars.
The speed of cars is beyond their control and they are not sure what they can do to address
that.
With respect to zoning, they are not trying to change the zoning, but stay with the
guidelines and have their project conform to the comprehensive plan. If they can add trees or
plants or something like that to help beautify the building and the area, they are happy to do
that. The character of Varna is important to them and they want to fit in.
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They just did a project at 707 E Seneca Street and were one of the few developments to
be built in a historic district and everyone is very pleased with the way the project came out.
They had to build to fit with the character of what was existing.
A lot of the garbage was moved from the front of the 901 Dryden and brought to the
back and one of the contractors for 707 E Seneca did put some construction debris there.
When realized they couldn’t do that, it was stopped. They will have to bring in heavy
equipment to get it out of there and had planned to remove it when they had a site crew there
building. New dirt is being held there temporarily and will be removed in a few days.
T Fox asked that people not picture this as a place that a lot of college kids will come to
live. They are trying to draw people that really appreciate nature. T Bittner said he is
concerned with user-created trails and people leaving litter back there. T Fox said there is a lot
of natural beauty there and they want people to be able to enjoy it. The types of people they
are trying to attract are those that really appreciate nature and what the land actually is. They
will not put hiking trails on the property and there are no trails that connect to/from this
property. T Bittner is concerned about user impact and user-created trails in the area.
There was some discussion about four-bedroom units encouraging four graduate
student situations, and whether something c ould be done to encourage families as tenants.
Applicant stated that denser development actually encourages better behavior because
complaints will be dealt with by management. The reality is that they police each other. They
are open to coming up with solutions so that tenants can enjoy the beauty of the land and not
cause damage. There are only three four-bedroom units. Others are two and three bedroom
units.
Cl Lavine asked whether they had considered other spots in Varna and was told there is
an economic driver. They purchased the property knowing about the new zoning and are
developing it according to the guidelines.
A picture of the actual façade of the buildings was shown to board members.
Supv Sumner said what the Varna community learned in the process of developing the
plan was pretty amazing and there was a lot of discussion between residents and Planning
Department staff. Residents have been invited to learn about the project and comment on it
before it is taken into consideration. The balance of development with respect to the
community is foremost in all our minds. We want planned changes. This could be that, but it
will take a couple of more conversations and some mitigation stipulations.
The Board is requiring full site plan review but can’t undertake that tonight considering
it was sent to board late this afternoon. There is a memo from the Planning Director with a list
of things to be addressed. There was a letter from the county about the flood plain and the
developer has engaged a firm to address that. There is a checklist to determine the degree to
which the plan conforms to the Varna design guidelines.
The board left the hearing open at 8:05 p.m. R Burger will talk with the applicant
about mitigation measures to consider. Site plan will be reviewed at the next meeting and the
board will also take up SEQR and the special use permit application.
The current building (two 3-bedroom units) will remain on the property. R Burger will
meet with the applicant regarding concerns and get ready for site plan review next month. Ms
Humerez asked that the board notify all of Varna. Notification of those residing within a 500’
radius is the current rule. The Varna Community Association can share information. The
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second Sunday in September the VCA holds a pancake breakfast where information can be
shared.
CITIZENS PRIVILEGE
Joe Wilson wanted to call the board’s attention to some actions by American Medical
Association and the Medical Society of the State of New York in protecting public health from
natural gas infrastructure. This is relevant to town’s duty to protect the health of all residents
of Dryden. Their findings may be relevant to the SEQR process should the Iberdrola/NYSEG
project go forward. They say the pipeline infrastructure exposes humans and animals to the
same chemical and radioactive emissions as those released at drilling sites. These include
dangerous mixtures of contaminants such as carcinogens, mutagens, endocrine disruptors,
neurotoxins, respirator irritants, mucocutaneous irritants and toxins and hematological and
cardiovascular toxins, and which are especially damaging to the development of embryos,
fetuses, and children as well as reproduction and survival of the livestock, pou ltry and wild
animals. There is documented evidence of frequent “accidents involving infrastructure
components due to faulty construction and general breakdown including, but not limited to,
internal and external corrosion, stress corrosion, welding failure of pipeline seams, damage to
existing pipelines during construction of nearby new pipelines, damage to existing pipelines
during agricultural activities leading to chemical leaks and explosions.
J Wilson said within the Town of Dryden we have at least four possible sources of such
problems. One is the proposed Iberdrola/West Dryden gas pipeline. Another is being
downwind of the Cayuga Power Plant which is proposed to have gas infrastructure to allow it
be powered by both coal and natural gas. There are old gas pipelines within the town now,
probably placed in response to the 1951 franchise agreement. There is also the Borger
Compressor Station. The AMA and MSSNY also cite compressor stations as sources of all of
the problems that were mentioned.
He will be back to call for specific action in the future, but wanted the board to be
aware of these recent developments.
Jim Skaley invited board members to the Family Fest Saturday from 1:00 p.m. to 4:00
p.m. at the Varna Community Center and to see the new playground there. The Association
received several grants to help fund this project. They will be paving a new basketball area.
Fill ordinance – This has been mentioned previously to the board by Dave We instein.
The mountain is growing at Freese Road. The town is storing downtown and Cornell refuse.
When looking at developing a plan we have to be prepared to deal with not only the literal, legal
requirements of the plan, but also the spirit of the plan. He urged the board to communicate
with the town planning board that we would like see them working with the community. When
the plan was developed there was a promise that the Planning Board w ould interact regularly
with the community when a project is going on within the zoned area of the Varna community.
That has not happened. (Supv Sumner reminded him that the Planning Board has not had a
role in this project.) He said perhaps there is a need to review how the process can work better
so the community desires that were illustrated within the plan are attempted to be fulfilled in a
way that makes a compatible community. That was the original intent of the plan.
Deborah Cipolla-Dennis said she works at the Cornell Lab of Ornithology and they are
hosting a migration celebration. Portions of Sapsucker Woods are in the Town of Dryden. The
event will be on September 12 and there will be bird banding and other activities.
TOWN CLERK
RESOLUTION #122 (2015) – APPROVE MINUTES
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Supv Sumner offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves the meeting minutes of July 3, July
9, and July 16, 2015
2nd Cl Solomon
Roll Call Vote Cl Sloan Yes
Cl Solomon Yes
Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
HIGHWAY DEPARTMENT/DPW
Supv Sumner presented a proposed resolution to authorize the purchase of equipment
by the Highway Superintendent.
RESOLUTION #123 (2015) – AUTHORIZE HIGHWAY/DPW EQUIPMENT PURCHASE
Supv Sumner offered the following resolution and asked for its adoption:
WHEREAS, the balance in the DA5130.2 budget line as of July 31, 2015 was $142,609;
and
WHEREAS, a budget modification was approved on August 13, 2015 increasing that
line by $69,000 to reflect the income from sale of a truck, bringing the available funds to
$211,609; and
WHEREAS, on July 16, 2015 the highway superintendent, in conformance with the
town’s procurement policy, requested authorization to purchase a truck cab and chassis and a
self-powered spreader unit; therefore
RESOLVED that the town board hereby authorizes the purchase of a 2015 International
truck cab and chassis not to exceed $118,000; and further
RESOLVED that the town board authorizes purchase of a self-powered spreader unit at
a cost not to exceed $32,000.
2nd Cl Leifer
Roll Call Vote Cl Sloan Yes
Cl Solomon Yes
Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
YOUTH SERVICES PRESENTATION
Kris Bennett, of Tompkins County Youth Services and liaison to the Dryden Recreation
and Youth Commission, thanked the board for its ongoing support for programming to serve
youth in Dryden. Town funding is blended with state and county funds, together with some
grants and fundraising to support the expense of programming. This is part of county’s
municipal youth services system based in the County Youth Services Department. Kathy
Servoss has reported to the board previously on work the commission has done and presented
its needs assessment. Tonight they will specifically address the youth development programs.
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Youth employment program – Nikki Nease, a program manager with Cooperative
Extension, has placed nine Dryden young people in jobs across the community this summer.
Participants learn how to write a resume and other job skills. They are employed at the Dryden
Community Café, Southworth Library and village of Dryden and Freeville summer camps.
Dryden Youth Services – the program manager is David Hall. Last year he served 170
young people with 39 different programs, primarily middle schoolers.
Program managers in the joint youth connection which serves the Town of Ithaca and
Villages of Lansing and Cayuga Heights and Groton served an additional 30 Dryden residents
during 2014. Those are kids who probably feel more comfortable going to programming with
their friends based on the schools.
Shelly Lester, Coordinator of Rural Youth Services, spoke about the OURS program.
OURS stands for Opportunity Understand Respect Success. It started in 2004 by a local youth
who realized the importance of programming in her own life. Town funding for the program
began in 2008. The program expanded to 4 days a week and is serving 65 youth residing in
three mobile home parks. These youth generally have a low rate of participation in other
programs and need a place to belong and have safe-risk taking experiencing. Last year they
had 88 Cornell student volunteers providing each young person with a mentor and friend.
Grant funding from the Dept of Juvenile Justice Prevention contributed to the program
manager’s salary last year as well as providing training for the mentors. Support for the salary
comes from 4H department. $12,000 in additional support has balanced the budget, with
$7,000 of that $12,000 raised by student volunteers. The student volunteer group goes by
“YOURS” which stands for Youth Outreach Undergrads Reshaping Success.
Student volunteers not only share their time with the youth, they plan programming,
hold fund raisers, write grants and some sit on the YOURS executive board, meeting weekly.
They put in countless hours and at the end of the college year many of the youth are invited to
Cornell graduation.
The program has gained interest at the state and national level because of its unique
format. It has a very successful mentoring aspect and a large amount of YOURS volunteers
that it attracts. It has a strong volunteer staff and they often commit to 4 years and then come
back and visit.
S Lester congratulated and thanked the town for its support for this innovative and
effective program. Last year she and the program manager were invited many times to talk
about the program. She urged board members to contact her and arrange to visit the program
in session.
Supv Sumner said she is very proud of this program and thanked the DRYC for
managing to combine and recognize the shared interests in the program.
Achieving Youth Results meetings – K Bennett said the County Youth Services trying to
develop a set of county goals pertaining to young people (to age 25). They are developing and
indicators, and are hoping to host a workshop in Dryden to help develop t hose.
COUNTY BRIEFING
Mike Lane reported that Irish Settlement Road was in bad condition this spring and has
been completely repaved, striped, and the shoulders have been repaired. They intend to put a
guideline rail in near Midline Road. Supv Sumner said she appreciates that West Dryden Road
was also recently repaired.
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M Lane said the County has not yet heard from NYS about the consolidated plan
submitted for all county municipalities for the tax cap requirement. The county has showed
savings over a number of years across the board in joint efforts in labor negotiations, health
consortium, and such, but a lot of those efforts happened before 2012, which is the limit for
the state’s look-back period. They had some questions from the state several weeks ago, but
have not yet had a final response.
Municipalities don’t want to have to go over the tax levy cap, but they are being
squeezed. Sales tax revenues were down for two quarters and that is particularly hard on
towns and villages. There will be a lot of pressure on municipalities to hold to the tax levy cap
figure which is very low. The county isn’t sure it will be able to hold to 1.3%. They were
relying on a modest increase in sales tax and it may not happen. Supv Sumner said the
inflation adjustment for the tax cap is .73% currently.
M Lane said that municipalities were expecting a reduction in what they pay into the
state pension system, but it looks like that may not happen.
It has been several years since the County was able to negotiate a labor agreement with
the sheriff deputies, but it looks like they will have agreements with all units this year. They
haven’t had one with the deputies since 2004, but think they are close. They were able to
come to an agreement with the CSEA blue and white collar units. He said it is because they
are all trying to find common ground and understand the economic situation.
Bob Beck said he received a letter regarding a meeting on Red Mill and Malloryville
Road bridges. M Lane said he understands the county will probably have funds to rebuild one
bridge and will have to make that decision.
Martha Robertson reported that the Ellis Hollow Road project is progressing nicely.
The County has a stream corridor restoration and flood hazard mitigation program that has
$25,000 each year for different projects that are identified by the technical advisory committee.
At Wednesday’s Planning Committee meeting they moved forward a mapping project for the
Egypt Creek flood area around the Village of Dryden. The village requested $10,000 from the
program toward a $32,000 total cost. This will now move to the full legislature.
UNFINISHED BUSINESS
The board has reviewed the legal services with Mariette Geldenhuys and Susan Brock.
RESOLUTION #124 (2015) – AUTHORIZE AGREEMENTS FOR LEGAL SERVICES
Cl Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby authorizes the Town Supervisor to execute
agreements with Susan J. Brock and Mariette Geldenhuys to provide legal services for the
Town at the rate of $200 per hour and $110 per hour for paralegal services through December
31, 2015.
2nd Cl Lavine
Roll Call Vote Cl Sloan Yes
Cl Solomon Yes
Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
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NEW BUSINESS
Sybil Coburn, 145 Main St, Freeville – S Coburn owns Finger Lakes Spine & Body
Works and proposes to move her chiropractic office to her home. There are no internal
modifications necessary, but they will need to construct a parking area. She met with NYS
DOT in Cortland today to discuss the plan for the parking area. They will n eed to remove and
replace a culvert and will move the driveway. A drawing was presented. The driveway will be
20’ wide and six parking places provided. There are about 4,000 cars per day on the road and
it is anticipated that the business will have less a 1% impact. They will minimize the
appearance the parking area and there will be a fence. They will have a sign eventually, but
their current sign is too large for regulations, and they will deal with that at a later date. The
public hearing was set for September 17 at 7:05 p.m.
Storage Squad, 1401 Dryden Road – applicants are 2012 Cornell graduates who
currently provide storage service, with pickup and delivery, focusing on college students. They
are looking to expand the business to self-storage and are purchasing the property at 1401
Dryden. The 5.56 acre parcel is next to NYSEG. They are applying for 78,000 sq ft total
building space including storage space, office and corridor. Site plan approval is required.
Applicants currently operate their business eight cities. They have done extensive market
research that indicates a shortage in this area. There is currently 210,000 sq ft of rentable
space in this area, making it difficult for students to find space. Supv Sumner asked that they
provide information about their rates and would like to know more about the research that was
done.
Cl Lavine would like the applicants to consider renewable energy options. Applicant is
planning for high efficiency HVAC units and LED bulbs (motion sensing). The need for energy
will be very low, and solar panels or geo thermal make for too long a return on investment.
Applicant said they will provide a photometric plan once they have site plan approval. They
want to make sure they will be allowed to build before making more investment.
Tompkins County is also short on high quality, attractive self storage with all the
amenities. Applicant is planning to have a split front building, very attractive to look at, with
paved areas. There will be a gate with some landscaping. It is different than what is currently
available in the area. They are not planning on doing architectural drawings at this stage.
Drainage and stormwater will be addressed because there will be a lot of impervious surface.
Their engineer will work with TG Miller to ensure it all works. There will be a fence next to the
Fitzgibbons property. There is currently a hedge there and there will be minimal disturbance
to that property. The buildings will be as short as possible with an eve height about 8’6”.
About 3 of the 5 acres will be utilized. There will be a good deal of grading with a retaining wall
in the front and the area behind it being leveled out for the buildings. The board asked the
applicant to consider the following items that are important to the board: use of renewables,
amount of permeable surface, and aesthetics. Applicant will be asking that the number of
parking spaces requested to be lowered. There will be 400 units in the first phase, and 315 in
the second phase (perhaps in March 2017 depending on how fast the first units fill up). They
suggest four spaces in the front near the office space because of the nature of the business.
There will be plenty of room for people to park by their unit and traffic to continue around the
buildings. Applicant currently operates in several other cities and leases space. This will be
their first development. You can learn more about their business at storagesquad.com.
The board scheduled a public hearing for September 17, 2015, at 7:30 p.m.
Health Insurance Consortium Amendment – This amendment is necessary to comply
with changes made by the State Insurance Department
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RESOLUTION #125 (2015) - Approval of the 2015 Amendment to the Municipal
Cooperative 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 47 of the New York Insurance Law, and
WHEREAS, the municipal participants in the Consortium, including this body, have
approved and executed a certain Municipal Cooperation Agreement (the "Agreement"; effective
date of October 1, 2010) and Amendment (2014) that 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 Department of Financial Services set forth certain
requirements for governance of municipal cooperatives that offer self-insured municipal
cooperative health insurance plans, and
WHEREAS, the Agreement sets forth in Section Q2 that continuation of the Consortium
under the terms and conditions of the Agreement, or any amendments or restatements thereto,
shall be subject to Board review on the fifth (5th) anniversary of the Effective Date and on each
fifth (5th) anniversary date thereafter (each a “Review Date”), and
WHEREAS, by motion 005-2015, adopted on May 28, 2015, the Consortium's Board of
Directors recommends approval of the 2015 amended agreement based on review of the
document by the Municipal Cooperative Agreement Review Committee, the New York State
Department of Financial Services, and the Consortium’s legal counsel, and
WHEREAS, the Municipal Cooperative Agreement requires that amendments to the
agreement be presented to each participant for review and adopted by its municipal board,
WHEREAS, the Town of Dryden is in receipt of the proposed amended Agreement and
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 2015 Amended Municipal
Cooperative Agreement, now therefore be it
RESOLVED, that the Town of Dryden approves and authorizes the Supervisor to sign
the 2015 Amendment to the Municipal Cooperative Agreement of the Greater Tompkins County
Municipal Health Insurance Consortium, and
RESOLVED, further, that the Clerk of the Town of Dryden is hereby authorized to
execute this Resolution to indicate its approval, transmit a copy thereof to the Board of
Directors of the Greater Tompkins County Municipal Health Insurance Consortium, and take
any other such actions as may be required by law.
2nd Cl Leifer
Roll Call Vote Cl Sloan Yes
Cl Solomon Yes
Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
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Appoint Bolton Point Commissioner – Supv Sumner explained there is currently a
vacancy for Dryden in the Southern Cayuga Lake Intermunicipal Water Commission (Bolton
Point). Jack Ruckheim who recently retired from Bolton Point and is a town resident is willing
to serve in that capacity.
RESOLUTION #126 (2015) – APPOINT J RUECKHEIM TO BOLTON POINT WATER
COMMISSION
Supv Sumner offered the following resolution and asked f or its adoption:
RESOLVED, that this Town Board hereby appoints Jack Rueckheim as its
representative to the Southern Cayuga Lake Intermunicipal Water Commission.
2nd Cl Solomon
Roll Call Vote Cl Sloan Yes
Cl Solomon Yes
Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
Approve Bolton Point Budget & Water Rate – Board members have received and
reviewed the proposed budget and water rate information. Supv Sumner noted that the
average annual increase since the mid 90’s has 2.1%. The 2015 rate was $4.35 per 1,000
gallons and the requested rate for 2016 is $4.44.
RESOLUTION #127 (2015) – APPROVE SCLIWC BUDGET AND WATER RATE
Supv Sumner offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves the proposed 2016 budget for
Southern Cayuga Lake Intermunicipal Water Commission (Bolton Point) and the 2016 water
rate of $4.44 per 1,000 gallons.
2nd Cl Solomon
Roll Call Vote Cl Sloan Yes
Cl Solomon Yes
Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
Planning Board Vacancy – The person recently appointed to the Planning Board has
resigned because he is moving. Marty Moseley who has been serving as an alternate is willing
to serve that unexpired term.
RESOLUTION #128 (2015) – APPOINT PLANNING BOARD MEMBER – MOSELEY
Supv Sumner offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby appoints Marty Moseley to the Planning
Board for a term to expire December 2015.
2nd Cl Solomon
Roll Call Vote Cl Sloan Yes
Cl Solomon Yes
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Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
Dryden Recreation & Youth Commission Directive – The DRYC has asked the Town
Board for permission to investigate alternative sites for a town park/recreation center. There is
land behind the town hall and highway facilities that a plan had been developed for. Cl Leifer
has drafted a resolution and shared it with the board. Supv Sumner noted that both the
comprehensive plan and recreation master plan suggested a more centrally located facility.
She also noted that some deliverables and a timeline be presented to the DRYC.
Resolution #129 (2015) - Charge to the Dryden Recreation and Youth Commission to
Research Alternatives to the 2013 Must Have Play development plan
Cl Leifer offered the following resolution and asked for its adopted:
Whereas, the 2011 Recreation Master Plan and 2005 Town Comprehensive Plan both identified
the need for increased outdoor leisure and recreational space; and
Whereas, the most recent needs assessment conducted by the Dryden Recreation and Youth
Commission identified several areas of needs, including a safe place for youth to congregate
and recreate; and
Whereas, in 2013 a proposed development plan that included phasing and cost estimates for a
community park was prepared for the Town of Dryden by Must Have Play; and
Whereas, the current Recreation and Youth Commission believes the property owned by the
town and previously identified by Must Have Play and the 2011 Recreation Master Plan as a
potential site for a town park is neither geographically nor financially ideal; and
Whereas the Commission believes there may be alternative plans better suited to serve the
needs of the community; and
Whereas the Town Board supports the Recreation and Youth Commission in its request to
explore whether there are viable alternatives to the plan prepared by Must Have Play;
Therefore, be it resolved, that the Town Board of the Town of Dryden charges the Dryden
Recreation and Youth Commission to research, consider, and present to the Town Board
alternatives to the plan prepared by Must Have Play. For each alternative site proposed the
Recreation and Youth Commission shall identify the potential site, set forth estimated costs for
acquisition, construction and maintenance, estimate staffing needs and costs, and identify
financing options.
2nd Cl Solomon
Roll Call Vote Cl Sloan Yes
Cl Solomon Yes
Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
Planning Board directive – Supv Sumner said she had hoped to have something
drafted. She spoke with the Planning Board chair who reiterated what the board had already
heard. She still thinks their resolution is vague. She wants to be clear about what the problem
is, does this solve the problem, and what it might cost. She doesn’t understand the problem
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the Planning Board thinks will be addressed by investigating infrastructure regulations and
would like get another board member to come to town board or go to the Planning Board
meeting next week. M Moseley understands it is intended to create a tool as an oversight for
utilities placed within right of ways. Supv Sumner said the cell tower regulations and wind
tower regulations were intended to regulate structural integrity and strength. We need to
clarify the problem. Cl Leifer said there are different goals for the town for some of the
infrastructure. M Moseley said he believed the concern is with the placement of utilities
possibly compromising infrastructure of the town including ditching, culverts, pavement, etc.
Supv Sumner will draft a memo to the Planning Board with questions and suggestions and
perhaps one or more board member will attend meeting next week. Perhaps someone from the
Local Roads program could talk with them about existing oversight of roads.
Tax Levy Cap Local Law – Supv Sumner said this is being done as a precautionary
measure. It is not the intent of the board to override the levy cap, but should it be necessary,
they will be prepared.
RESOLUTION #130 (2015) – INTRODUCE LOCAL LAW TO OVERRIDE THE TAX LEVY CAP
Supv Sumner offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby introduces the following local law and sets a
public hearing on the same for September 17, 2015 at 8:00 p.m.
A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED
IN GENERAL MUNICIPAL LAW §3-C
Be it enacted by the Town Board of the Town of Dryden as follows:
Section 1. Legislative Intent: It is the intent of this local law to override the limit on
the amount of real property taxes that may be levied by the Town of Dryden, County of
Tompkins pursuant to General Municipal Law §3-c, and to allow the Town of Dryden, County
of Tompkins to adopt a town budget for (a) town purposes, (b) fire protection districts, and (c)
any other special or improvement district, and Town improvements provided pursuant to Town
Law Article 12-C, governed by the Town Board for the fiscal year beginning January 1, 2016
and ending December 31, 2016 that requires a real property tax levy in excess of the “tax levy
limit” as defined by General Municipal Law §3-c.
Section 2. Authority: This local law is adopted pursuant to subdivision 5 of General
Municipal Law §3-c, which expressly authorizes the Town Board to override the tax levy limit
by the adoption of a local law approved by vote of at least sixty percent (60%) of the Town
Board.
Section 3. Tax Levy Limit Override: The Town Board of the Town of Dryden, County
of Tompkins is hereby authorized to adopt a budget for the fiscal year 2016 that requires a real
property tax levy in excess of the limit specified in General Municipal Law §3-c.
Section 4. Severability: If any clause, sentence, paragraph, subdivision, or part of
this Local Law or the application thereof to any person, firm or corporation, or circumstance,
shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such
order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be
confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local
Law or in its application to the person, individual, firm or corporat ion or circumstance, directly
involved in the controversy in which such judgment or order shall be rendered.
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Section 5. Effective date: This local law shall take effect immediately upon filing with
the Secretary of State.
2nd Cl Leifer
Roll Call Vote Cl Sloan Yes
Cl Solomon Yes
Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
Payment outside the abstract – A voucher for ID Booth in the amount of $33.89 was
mistakenly clipped to another voucher last week, and a voucher from Adhan for the final
payment for the Yellow Barn Road Water District arrived late.
RESOLUTION #131 (2015) – AUTHORIZE PAYMENT OUTSIDE THE ABSTRACT
Supv Sumner offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves the following payments outside the
abstract: ID Booth in the amount of $33.89 and Adhan Piping in the amount of $126,326.38.
2nd Cl Solomon
Roll Call Vote Cl Sloan Yes
Cl Solomon Yes
Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
Budget modification – Supv Sumner said the copier in the media room needs to be
replaced. The price of the new machine is $8,077 and department heads have offered funds
from their equipment budgets to cover the cost of the machine. It is very similar to what we
currently have, does color and black and white copies, scans, faxes, staples, does booklets as
well as other things, and is networked to the computers in the building. It is less expensive
than the previous machine that was purchased in 2007.
RESOLUTION #132 (2015) – AUTHORIZE PURCHASE AND BUDGET MODIFICATION FOR
NEW MULTI-FUNCTION COPIER
Supv Sumner offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby authorizes the purchase of a new Toshiba
multi-function copier at the cost of $8,077.00 and approves the following budget modification
to cover the expense:
To: A1620.201 Building - Equip. +8,077.00
From: A1460.2 Records Mngmt. Equip. -3,000.00
From: A1330.2 Receiver of Taxes Equip. -250.00
From: A1410.2 Town Clerk Equip. -250.00
From: A7330.4 Comm. Recreation Contr. -2,000.00
From: A8020.201 Planning Equip. -2,000.00
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From: A1110.2 Justices Equip. -270.00
From: A1220.2 Supervisor Equip. -307.00
2nd Cl Leifer
Roll Call Vote Cl Sloan Yes
Cl Solomon Yes
Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
Building Code training credit for Planning Board – Supv Sumner said that Code
Enforcement Officer Kevin Ezell has been very active in the energy code part of the ICC building
code and is able to provide training. Planning Board members are required to complete a
specific number of hours of training per year. The Planning Director has also requested that
they receive training credit for attending a seminar on participation in heated public meetings.
RESOLUTION #133 (2015) – APPROVE PLANNING BOARD TRAINING CREDITS
Supv Sumner offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves continuing education credits at the
rate of one credit per hour of participation for trainings offered by Kevin Ezell on the New York
Energy Conservation Construction Code and by Tompkins County on Facilitating Effective
Participation in Heated Public Meetings.
2nd Cl Leifer
Roll Call Vote Cl Sloan Yes
Cl Solomon Yes
Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
On motion made, seconded and unanimously carried, the board a djourned to executive
session at 9:52 p.m. to discuss the possible acquisition, lease or disposal of real property where
publicity would substantially affect the price of the same. The board asked Ray Burger and
Mariette Geldenhuys to join them. Supv Sumner was excused and left the meeting.
The board moved back into regular session at 10:00 p.m. and passed the following
resolution.
RESOLUTION #134 (2015) – AUTHORIZE NEGOTIATION FOR PURCHASE OF PROPERTY
Cl Leifer offered the following resolution and asked for its adoption:
Whereas the 2005 Town of Dryden Comprehensive Plan and the 2011 Recr eation
Master Plan both identified a need for increased outdoor leisure and recreational space;
Whereas a parcel of land on Pinckney Road, Tax parcel number 44.-1-2.323, has been
placed on the market that meets many of the criteria fulfilling this need;
Whereas the Town Conservation Board has evaluated the parcel and found it to meet
the majority of their published “Criteria for Land Acquisition”, then subsequently passed
Resolution # __ in support of the Town purchasing this parcel;
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Whereas the Dryden Recreation and Youth Commission will conduct a similar
evaluation of the parcel at their next meeting on August 26, 2015 and submit their report to
the Town Board;
Be it resolved that the Town Board wishes to explore the purchase of this property;
Be it further resolved that the Town Board appoints Deputy Supervisor Jason Leifer and
Planning Director Ray Burger to negotiate for the purchase of this parcel with a price not to
exceed 110% of the appraised value reported by North East Appraisals and Management Co .;
Be it further resolved that any purchase contract with complete terms will presented for
a vote of the full board.
2nd Cl Sloan
Roll Call Vote Cl Sloan Yes
Cl Solomon Yes
Cl Leifer Yes
Cl Lavine Yes
There being no further business, on motion made, seconded and unanimously carried,
the meeting was adjourned at 10:03 p.m.
Respectfully submitted,
Bambi L. Avery
Town Clerk