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HomeMy WebLinkAbout2015-10-15TB 10-15-15 Page 1 of 15 TOWN OF DRYDEN TOWN BOARD MEETING October 15, 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 Richard Young, Highway Superintendent Other Town Staff: Ray Burger, Director of Planning Susan Brock, Town Attorney Supv Sumner opened the meeting at 7:05 p.m. Board members and guests participated in the pledge of allegiance. PUBLIC HEARING ZONING LAW AMENDMENT Supv Sumner opened the public hearing at 7:08 p.m. and dispensed with reading of the public notice. This proposed amendment clarifies the definition of multi-family dwelling and the density of dwelling units in rural residential and rural agriculture districts. There were no comments from the board. Bruno Schickel said with respect to rental housing, when the zoning law was previously amended there were no areas where you could put rental housing out of right. It always needs a special permit. This is a mistake and the board should consider allowing rental housing out of right in some areas. It is a concern and he thinks it will have a negative effect going forward if the town doesn’t change the policy. Supv Sumner said the board will not be taking action tonight because they have not yet received the 239 report from Tompkins County. Joan Howser said a group of people is concerned about the Morgan development on Asbury Road and had sent some letters. They would like to speak as a group prior to the board taking action. Supv Sumner asked them to come next month. David Weinstein said he thinks it is entirely appropriate that the community be able to weigh in when a proposal may have a dramatic effect on the neighbor hood. It is not so onerous and is the avenue that allows citizens’ input on these kinds of developments. David Bravo-Cullen said the public can comment during site plan review and you don’t necessarily have to have a special use permit to have a site plan review. A special use permit means that the town board decides whether or not the use is permitted and he’s not in favor of that. Site plan review to make sure that access is good and it meets public safety standards and such is okay. B Schickel said he doesn’t understand what is trying to be accomplished with this amendment. Ray Burger stated the current multifamily dwelling definition doesn’t capture when there is a group of dwellings on a property. This amendment clearly addresses a group of TB 10-15-15 Page 2 of 15 dwellings on a single lot. The current language doesn’t say it isn’t permitted, but brings it into a review process for a special use permit. It was unclear whether it was allowed before. B Schickel said if this amendment makes it easier to put three dwellings of three units or less on their property, he would support it, but if not and it makes it more strict than it currently is, then he opposes it. Supv Sumner said she believes this makes it less restrictive. There were no further comments and the hearing was left open at 7:15 p.m. 1401 DRYDEN ROAD – STORAGE SQUAD – STORAGE FACILITIES PROJECT CONTINUATION OF HEARING Supv Sumner said there is not sufficient information to complete SEQR review on this project so the board won’t be taking action tonight. There is a question about a stream mapped on a DEC map (1940) that doesn’t actually appear to exist, so we need clarification on this. In order to complete environmental review, the board needs this information. R Burger expects they will have the information before the end of the month. Applicant asked whether there could be a contingent decision by the board based the stream not existing. They have done a survey and there is no absolutely no sign of a stream on the property. Supv Sumner said the SEQR would require the board to acknowledge the official map; they couldn’t complete the SEQR without a determination on the stream. Applicant said he now understands that the board needs a Storm Water Pollution Prevention Plan before it can act. Supv Sumner said it is required in order to accurately complete the environmental quality review. There was a lengthy discussion about the SWPPP being required before approvals. Applicant wants more information and clarification and would love to be able to move forward. He said a SWPPP can’t be completed without an approved site plan. If the site plan changes, then the SWPPP has to be changed. Town Attorney Susan Brock said it works this way in other towns in the county and th e town’s stormwater law requires this board to make a determination that the SWPPP complies with its stormwater law before it can vote on the underlying approval. In the past there was information saying you could have a conceptual SWPPP but that only app lies for sketch plans, not when the applicant comes in for approval. Applicant stated the building permit is contingent on the stormwater plan. S Brock pointed out that the site plan check list in the zoning law requires a storm water management plan to be submitted and the stormwater law requires the board to make a determination that the SWPPP meets the requirements of the law. Applicant would like more information and more clarification and a timeline because they are budgeting and working hard to invest in the town and it is getting harder and harder by the day. They would love to move on. R Burger said DEC was contacted earlier this week. Applicant said that makes sense and they need to determine that the stream does not exist. For the future of the project he is worried about having to do the SWPPP prior to site plan approval. He doesn’t understand that or how it is feasible to invest $30,000 and then have it change and have to redo it. He was instructed to contact R Burger about how to pr oceed. Bruno Schickel said the board and staff should ask themselves if they are doing everything possible to help this move forward quickly. You need to be cognizant of the fact TB 10-15-15 Page 3 of 15 that it is almost November and he assumes the applicant wants to break ground and build as soon as possible. There is also the issue of financing, interest rates, and all that goes along with the calculations. If this is dragged out it has real financial consequences on a developer. The applicant is trying to invest in the town and this town needs some investment. The board should review the zoning law that was passed and see how all the tripwires are tripping people up. Cl Lavine said they do understand that he wants to have this in place before the students leave in May and fully understand the time pressure. It sounds as if this is a standard procedure and that you tweak the SWPPP if you need to. In good faith the board has told the applicant all it knows about the site plan, but the official stamp of approval awaits the SWPPP and the applicant has to take that leap and do it. Applicant stated he isn’t sure he wants to invest in the SWPPP prior to site plan approval, and his bank probably won’t let him take that risk. Cl Leifer asked whether this would be covered under the town’s standard conditions of approval. R Burger stated he doesn’t believe they apply. There was further discussion on the timing of approvals and when SWPPP was required and whether conditional ap proval could be granted. S Brock read from the stormwater law stating that no approvals by any board shall be made until it determines that the SWPPP complies with the requirements of the local law. Cl Lavine asked whether the board could give the applic ant some assurance that his project will go through prior to him obtaining the SWPPP. B Schickel asked whether the SWPPP was required for preliminary approval. S Brock said the town’s zoning law provides for sketch plan and site plan review, without a preliminary step. B Schickel confirmed the applicant’s statement that revision of a SWPPP is not a small or inexpensive matter. There should be a step added to the process and/or it made clear that the SWPPP is required prior to issuance of a building permit. Supv Sumner said she believes the board can work its way through what needs to be done prior to the November meeting. The public hearing left open at 7:45 p.m. 902 DRYDEN ROAD – MODERN LIVING TOWNHOUSE PROJECT CONTINUATION OF HEARING Supv Sumner said there are continuing questions about the flood plain and the board will not take action tonight, but will accept further comments. Noah Demarest, architect, and Charlie O’Connor, applicant said they had met with Supv Sumner and Ray Burger to discuss the issues and comments. They believe they have addressed some of the questions in the latest storm water pollution prevention plan. The impact on Fall Creek seems to be one of the major issues and they feel like that is being addressed. They have looked at alternative arrangements for the intersection. They recognize the access drive is an issue, but they feel it is an issue on DOT land in terms of the geometry of the intersection. They have looked at other configurations and the option they have is the one the developers want to use at this point. They have spoken with TCAT about bus service. TCAT has looked at that issue and said buses do and will stop in front of 902 Dryden Road in both directions. It is the current situation and they are looking at options for a pull off for the bus in front of 902 Dryden Road and will continue to study that. TB 10-15-15 Page 4 of 15 Supv Sumner said she has spoken with the Regional Director of DOT and he said they would be glad to advise on this. She will give his contact information to the applicant. She is curious about the easement for the culvert drain and talked with DOT representative about that. She thinks the applicant should try to obtain that easement and review it to see who is responsible. N Demarest said the 100 year flood line is an issue. They are regulated by that line that was established by FEMA. Where it currently exists actually traces a part of the property which happens to be the highest point on the property. There is a process to modify the map and that process has already been done for the existing building at 902, but the map was not refined at the time. Their understanding is that this is an insurance issue. There is another process between the town and the property owner to establish whether or not they are in the flood plain and part of that is with the town engineer and applicant’s engineer to develop the SWPPP. TG Miller prepared their survey and established an elevation based on their actual topographic survey as opposed to this line from FEMA which may not reflect what is on the ground today. They have a topo map with 1 foot contours and know where the line might be for a 100 year flood. The decision now needs to be made with the town and county to say they understand the project is not really in the flood zone. The post construction runoff from this property is less than the pre construction runoff so the impact to Fall Creek will be less than it is now. One letter of concern was about the pipe and that is carrying runoff from another site. Applicant will collect stormwater on site and only in the worst storms will the pipe collect water from their site. The relative impact is negligible and less than there is currently. Supv Sumner said it is clear to her that the applicant is as concerned about environmental protection and protection of their property as the board is. Some of these things take time to study. The DOT easement is a kind of a big part of it. No one has thought about that in a long time and we want them to. David Weinstein, Freese Road, said this isn’t a complete application because the plan hasn’t come close to meeting the 70% green space that is required for the zone. The size of the property is 1.88 acres, not 2.08, even including the highway right of way . It is not an appropriate density near a unique natural area. He appreciates the developers’ efforts, but to allow that many people living right next to a unique natural area is asking for degradation. Fall Creek is a UNA. The density is incompatible with the rest of the zone and the way it was envisioned in the Varna Plan. The ingress/egress is an accident waiting to happen unless it is majorly modified. Jim Skaley – presented the board with the attached statement and supporting documents. Briefly, he makes the following points:  The project violates the Traditional zone requirement of maintaining 70% green space.  The town lacks confirmed data as to the actual 100 year flood plain contours.  Applicant and the Planning Department have not addressed how the project comports to the Varna Community Development Plan.  Project is sited in an area of the Traditional District zone where there is no substantial build-out projected.  Project is designed and marketed specifically to house students paying high rents.  Proposed egress for 35-42 cars is too close to the intersection of Route 366 and Forest Home Drive posing a potential hazard  The requested extra density is at the Town Board’s option and not automatic. TB 10-15-15 Page 5 of 15 There was some discussion about the acreage of the parcel. S Brock stated the survey map shows 1.878 acres net to road right of ways. It seems that figure does not include the road right of ways. J Skaley said the point is that pavement can’t be green space. Cheryl Humerez – made the following statement and while Eric Humerez displayed the attached photographs. I'm am here to speak for the many Varna citizens that cannot be here to speak and for those that have spoken, but aren't being heard. PART 1 The plans for 902 Dryden is a project that should have been dead on arrival. The only reason you haven't heard much opposition until lately is because many only found out about these plans just recently. AUGUST. How is this project going to affect the environment, or just as important, how is environment going to affect this project? There has been arguing over whether this is a flood plain. The simple answer is “YES”! It was lightly suggested at the last meeting here that any structures built on this land should be on stilts, this is closer to the truth than you may think. Many of us have seen these properties flood on a regular basis. Here is a photo of 904's flooded backyard, and beyond the hedge row on the right is the flooded backyard of 902. If anyone from Modern Living Rentals stood in front of their property to lo ok around, they may notice that their property is the lowest point in the valley of Varna. During heavier rains, Route 366 has flooded many times, which then floods the basements of the homes along this section. Here is a photo of Route 366 flooded. The white building behind the man is the hair salon across the street from 904. IS THIS REALLY the best place to build? Spring thaw turns Fall Creek into a raging river. It continues to erode the banks on both sides. To build on this property would be foolish. And if you're worried about the contaminants seeping down to the groundwater, DON'T WORRY because the groundwater will rise up to get the contaminants. The next photo shows the same view on a dry day. And one more photo to show the building acros s the street from 902. Aside from squeezing in between two residential properties, it also abuts Park Park, which the Cornell Plantations has nurtured. Park Park was donated as a place to relax and have picnics away from urban environments. To build on these wetlands is a folly on the highest order. And if landfill is dumped behind 902 Dryden Road to raise the level of the ground, how stable will that be? WHERE will that extra water run off to? WILL IT flood to the adjacent properties, PRIMARILY onto 904 and Park Park? PART 2 902 is between two residential properties. At 904 Dryden Road live Alice and Ricardo Humerez, they used to live on the East Hill of Ithaca. As the college town sprawl started to extend down towards town families sold their houses, which were bought up by landlords, who turn those properties into more student housing. Being one of the last home owner's residing on East Hill, the Humerez family found themselves surrounded by the Collegetown sprawl. They wanted to relocate to a rural environment, and found their perfect home in Varna. Now they are facing the very same thing they moved here to get away from, COLLEGTOWN SPRAWL with Modern Living Rental's stated goal of targeting college students! Right now their view west looks like this, but if the development goes through, this is what they have this to look forward to. And here's the view from their backyard... Before... and After... On the other side of 902 Dryden Road is the residence of Liz Ross, her address 474 Forest Home Drive. Like most people in Varna, she moved there for the quiet beauty of rural living. She thought she had the perfect home, until this development proposal was made public, now she is stressed to the max, thinking that her home is about to be TB 10-15-15 Page 6 of 15 surrounded by buildings, a parking lot, and a proposed fence to try to quell her stress! Offering to put a fence around her property is NO consolation. Here is the property now, and here it is if the townhouses are built. Liz Ross's little house will be sw allowed up by it. Her home is about to become almost WORTHLESS to her? Is this all she has to look forward to is staring out her bay window at a wall or a fence, and buildings, and listening to cars pulling in all day and night? One more view to show how the properties as a whole will be swallowed by the project – Before.... and After When a person buys a home in downtown Ithaca, they expect to be surrounded by neighbors, it's the nature of city dwelling, but the people that bought their homes in Varna expected to get away from city living, but now it has come knocking on their back door, and if left unchecked, Varna will become another collegetown, the very thing the residences here would like to prevent. What you are asking these neighbors to endure is a disgrace, AN ABSOLUTE SHAMEFUL DISGRACE! Who speaks for the people, who do the people have that will stand up for them??? So.... For the sake of the community, DO NOT APPROVE THIS PERMIT. For the sake the of neighbors, DO NOT APPROVE THIS PERMIT. For the sake of the environment, DO NOT APPROVE THIS PERMIT . Do not destroy the residential atmosphere of Varna. DO NOT APPROVE THIS PERMIT! Supv Sumner recommended the book The Land We Share by Eric T. Freyfogle about property rights and the common good. Alice Humerez, 904 Dryden Road, read the following statement: Once again I stand in front of all of you and once again I am putting in a plea for you to not give a permit to Modern Living Rentals to build 16 town houses at 902 Dryden Rd. Our family at 904 Dryden Rd. along with our son and his wife at 908 Dryden Rd. and Elizabeth Ross at 474 Forest Home never heard of this proposed plan until around 10 weeks ago and we live right beside of the proposed area. It seemed to us that this project was being sort of slid in under our noses. After we became aware, we discovered most of Varna knew nothing of it also. Now many have started to come forward with very definite reasons why a permit should not be granted. Many homes here in Varna are over 150 years old and set in the Traditional zone. They are of a historic nature and that is part of the character of the zone. In fact these homes are designed, for the most part, as single -family and/or owner-occupied. Our home at 904 Dryden Rd. was built in 1836 as the Hildebrandt Hotel and was built in the old Federal Style. The husband and son were killed during the Civil War. The wife and remaining children tried to keep the hotel going but after ten years or more it was given up to be a family home. For years, I have been mulling over the idea that our home was once an underground railroad and I am contacting the Historical Society of Dryden and Tompkins County to see if my suspicions are true. When the amount of cars that would be located there were mentioned, the contractors suggested lowering rent if students would not bring cars. This a fallacy. Our family rents to students that walk to campus and they each have a car parked on the street in college town. Just because we see students taking the bus, walking or riding a bicycle through Varna, this does not mean that there isn't a car sitting in their driveway. It has been mentioned that animals will be allowed to reside in these town houses. Will that mean that Mrs Ross' yard and ours will be their main source for their toilets, or the sides of the roads through Varna. I can guarantee that their owners will not carry plastic bags to clean up their animal's waste. TB 10-15-15 Page 7 of 15 A huge, huge concern for us is the water runoff from their area in case they have to elevate the level for 16 town houses. The water drain from that level will make our lawn a pond. Is this truly fair to faithful homeowners that have paid the Town of Dryden huge taxes for 43 or more years. Modern Living Rentals plan to retain a dumpster somewhere near the town houses. After one week of garbage buildup in the summer, can you imagine the stench. If Modern Living Rentals is going to take care of it, it may remain for more than one week. As most know, rats usually follow creek beds and head for the smell of garbage. Do we now have to look forward to fighting rats that are trying to seek warmth in our basements during the winter months??? Now to the traffic that is going to be horrendous. When the snow and ice starts to accumulate on the little hill leading out our little hamlet. We can look forward to many accidents. Has it ever been checked to see how many plug ups there have been during the winter months and the times when cops had to be called to traffic help direct so workers could get to their appointed jobs. With all of the new cars at 902 Dryden Rd. trying to get in and out 366, there will be more problems than snow and ice. One more thing is the flooding we have witnessed here at our home and 902 Dryden Rd. Our son has pictures to prove this point from a few years ago. As he said, if he knew we were going to come to this situation he would have taken pictures throughout the years we have lived here showing the creek bank be ing pulled into Fall Creek, our yards flooded etc. I remember during the one flood, Mary Potter' basement was so deep with water that she lost some of her appliances. I now ask the board to not consider making our little hamlet a part of Cornell. Put in your mind that if these contractors were trying to crowd in on you and the Town of Dryden would you even consider giving them a permit? Please consider the residents in Varna that will be terribly affected by this building as your sisters and brothers. We are some of the folks that voted you into office with the expectation that you would be looking out for our interest. We are not saying that the town house project is bad for Varna; we are saying the location is bad. There are other places in Varna where a project of this nature would not be intrusive to family residential areas as that of 902 Dryden Rd. Thank you for your consideration of our plea. B Schickel said he is in favor of the project. This is 15 rental units. He asked how many trailers are in the trailer park. What you’re seeing here is when you have a voluminous code, the Varna Plan, which the town spent tens of thousands of dollars to create counting staff time, those rules can be used to kill things or make things happen. T his is a classic not in my back yard situation. In NYC by Rockefeller Center is a tiny building, 3 stories, still there. Change happened around it. We have to remember that the board represents the entire town of Dryden and we need reasonable growth in our tax base. The developer is trying to make an investment in the town of Dryden. The board needs to find ways to say yes, not ways to say no, when someone wants to invest in the town. Supv Sumner said the issue is not whether the town board will allow a use. The question usually is how we can make it fit within the restrictions that we have on paper. We spend a lot of time trying to do that. Deborah Cipolla Dennis, 964 W Dryden Road, said there are a lot of concerns by the residents and there was a lot of money spent on the plan. It shouldn’t be put to the wayside but we should think about what the intent of that was. No one has said they think the design of the plan is bad. The developers are trying to do the best they can, but this may not be t he right location for the project. After speaking with Todd Bittner and Hillary Lambert’s comments, she asked the board to consider the comments of those experts. The flood plain is a real issue. It could impact the water quality going into Cornell. We have a responsibility for the common good. Common good means thinking about the potential impacts from the type of TB 10-15-15 Page 8 of 15 project being proposed. There are a lot places in Dryden for this project. She asked the board to look at all the information carefully and move ahead and try to consider especially the environmental things. D Bravo-Cullen said hasn’t seen enough of the plan to be in favor or against it , but his question is does it meet the Varna Plan. The flood plain issue can be resolved with the SWPPP so if things are done properly it should be done very well. An audience member asked this would affect the neighboring property tax values and assumed they would go down. It was explained that the County determines assessed values. Laurie Snyder, 36 Freese Rd, has previously sent the board a letter and said the project is too dense for the size of the lot. Ten units in that spot would be more reasonable. Will Parker said he has been dealing with the use of the word growth and looking at how to grow as a community and the definition of word. His understanding is that for something to grow it has to take from something else. Crops take nutrients from the soil and the soil needs to be replenished. There are different types of growth. Cancer is growt h and there is good growth. This looks cancerous. This is affecting the community and they are concerned about it. People have lived there a long time and are st ewards of land and community and their children are concerned about it. They want to see some growth, but want to see it wisely done. The plan seemed to work, but the deviation from it where someone gets more at the expense of the community is upsetting. The public hearing was left open at 8:30 p.m. CITIZENS PRIVILEGE Cl Sloan said he is pleased to see so many people here tonight. It’s important that people form opinions based on correct information, not misinformation. There is a claim going around that Dryden residents are paying more property tax than anyone else in the county. That’s not true. If it was true, it’s important to remember that the total bill we pay goes to the school, the county and a number of jurisdictions. The actual town budget, including fire and ambulance, (the part over which this board has control) is 10% of the total tax bill. The town budget itself is 5% of a total tax bill. Two-thirds of the town budget is highway and dpw. 2% of the budget is the rest of the whole town. If town hall was shut down, you would only save 2%. There are five towns that charge their residents 3 and 4 times what we charge. People here have done a great deal to keep the tax burden down. We are not facing a 17% tax increase. IF you look at the tax levy, it is a 13% increase. If you look at the tax rate it is a 9% increase. Right now a $200,000 home will have an increase of $32. Sometimes when people talk about drastic tax increases is it easily confounded into the total tax bill, which is inappropriate. It is more responsible that the media talks about what it actually costs. Ed Wilson, 12 Wellsley Drive, With respect to a higher tax rate, he reminded the board that fuel prices are down for the equipment that the town operates. Property a ssessments are up throughout the county, so the tax rate should go down per thousand to keep the same revenue. He agrees with using some fund balance because is too high. The rate increase is incredible considering the reduction of expenses and with subsidizing the increase with fund balance. The cost of living has gone up less than 1%. There is no increase for social security recipients. Budgets have to be more realistic. The town is not growing, people are actually leaving. Whether is $30 a year or not, if everyone said that, that’s a lot. It’s our money you are spending, so spend it wisely. He and his wife have been retired for three years. They have a budget and have lived with the same budget for three years with no increases in spending. He challenged the board to do the same thing. TB 10-15-15 Page 9 of 15 David Thompson said he agrees with those who don’t want an increase in taxes. Bruno Schickel said he would like to clarify a few things. With respect to the combined tax bill that people get, including school, town and county, Dryden is the highest of any towns in the county. The proposed budget did have a 17% increase. If that was reduced, great, but there was no attempt to create a fictitious number. It was from the spreadsheet the town put out. The highest tax rate means a $200,000 property has a tax bill of $6,600 a year. That’s pushing $600 a month to pay the tax. The total tax burden for Dryden residents is 3.29%. People are having a mortgage that’s less or equal to their tax payment. When you add $32 to $6,600 its real money and the weight is getting heavier. Social Security is giving no increase in the cost of living, yet Dryden is faced with this big upswing. This is a very predictable result of spending more than you bring in every year. You have had chronic and structural and on- going deficits every year. In six years you have averaged $850,000 a year in over spending – spending money that had to be taken from savings. Supv Sumner said those are budgets; actual spending only resulted in a deficit once. B Schickel asked how the town savings got from 8.4 million down to 3.2 million. There is a structural deficit. Cl Sloan asked that the conversation stick to the town tax that the board is responsible for and asked B Schickel to take this to the school board. B Schickel said the town needs to approve projects that grow the town’s tax base. If you were to close a $600,000 deficit today with a tax increase, you’d ha ve to increase the rate by 40 to 50%. The budget for the coming year spends $300,000 more than last year and uses over $700,000 in fund balance. The Board has to deal with spending and with the revenue side. B Schickel pointed out that some towns get their sales tax revenue in a different way and have a very high tax rate, but the county tax in that town is less. You have to look at the combined rates carefully. Cl Leifer said there is tax rate information on the county assessment website. B Schickel said the town has control by encouraging growth. D Bravo-Cullen said he agrees with previous speakers. When you approve spending small amounts (such as $400 for marshmallows) it is not a good use of our money. If you don’t do things like that at the small level, you might do better with large things. Michael Rogers, said he apologizes to the American Indian because this government has kicked them around for eons. Winston Churchill said it best, using the word nation, but I contend that for a (town) to try to tax itself into prosperity is like a man standing in a bucket and trying to lift himself by the handle. It doesn’t work. You can’t do it yourself. All the new houses that are coming into this area, all the new apartments that are coming into this area, all the new condominiums, buildings, businesses that he has s een coming into this area are an increase in the tax base. But our taxes keep going up. We can’t keep doing it. He hears “common” – common this, common that, common core, common whatever. He doesn’t like it because it is socialism. He doesn’t like soc ialism. His mother escaped from East German when she was a teenager to get away from that. She came to this country. Many others have done the same. Now he hears the same thing – that people like Socialism, they like Marxism. They ought to go the countries that already have it. A lot of them are collapsing. You can take the common stuff, the political correctness stuff and stick it where the sun doesn’t shine. That’s being mild and kind. I’m courteous as the next person but I am getting sick and tired, as I’m sure everybody else is. Democratic priority is no longer Democratic Party. It’s Socialist party and if you don’t believe me you better do your history, TB 10-15-15 Page 10 of 15 because it’s come to that point. When the Muslims get here in this country and take over Sharia law is the law. There is no other law according to the Muslims. D Weinstein said studies have been done in all sizes of communities across this country and residential development costs money to a town. It does not increase the tax revenue. They always require more services – police, fire, roads, and schools. It’s been studied to death and always comes up the same. Commercial development actually does help a town. He’s been on the Planning Board for a long time and they have never turned down any commercial development that has come to them. We need to get our heads straight about the concept that somehow if we build a lot of residential development we’ll be rolling in money. It never proves to be the case. TOWN CLERK RESOLUTION #152 (2015) - APPROVE MINUTES Supv Sumner offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the meeting minutes of September 10 and September 17, 2015. 2nd Cl Leifer Roll Call Vote Cl Sloan Abstain Cl Solomon Yes Supv Sumner Yes Cl Leifer Yes Cl Lavine Yes HIGHWAY/DPW DEPARTMENT Highway Superintendent Rick Young reported that they have paved Crystal Drive, Catherine Drive, South Knoll Drive, McClintock Road and Royal Road. Keith Lane, Bear Circle, Herman Road and George Road were micro paved. Baker Hill Road and East Malloryville Road were surface treated as well as sections of Lake Road, Southworth Road and Mt Pleasant Road. Five trucks have been prepped and are ready in the event of snow fall. Yellow Barn Water District is up and running. There are still lots things to work out. The as-builts were received. A couple of curb stops have been installed. Supv Sumner noted that it was three years ago that Yellow Barn residents asked the town to consider creating a water district to replace the Yellow Barn Water Company. There are over 80 properties that have been running their own water company for years. It hasn’t been the smoothest roll out. She thanked R Young for putting in all the meters and supervising the project. R Young asked for approval to purchase a sander body for truck 13. He has two bids and is asking for approval not to exceed $12,500. There is as balance of $56,000 in DA5130.2 to make the purchase from. There is currently salt and sand enough for about three runs. They are waiting to purchase to see what the contract is. RESOLUTION #153 (2015) – AUTHORIZE HIGHWAY EQUIPMENT PURCHASE Supv Sumner offered the following resolution and asked f or its adoption: TB 10-15-15 Page 11 of 15 RESOLVED, that this Town Board hereby approves the purchase of a sander body for an amount not to exceed $12,500.00. 2nd Cl Leifer Roll Call Vote Cl Sloan Yes Cl Solomon Yes Supv Sumner Yes Cl Leifer Yes Cl Lavine Yes Cl Lavine asked when the hydro seeding would be done on Mt Pleasant Road and was told that they were waiting to use the hydro seeder. Perhaps next week. When asked about the cost of fuel for budget purposes, R Young responded that diesel prices have not dropped that much. COUNTY BRIEFING Martha Robertson reported the County will hold its budget hearing on November 7 at 7:00 p.m. There is information on the county website. The hydro seeder has been on Ellis Hollow Road. That project is nearly complete. There are two upcoming meetings board members may be interested in. The Energy Road Map, October 21 at 5:30 at Tompkins County Public Library. Tompkins County Planning Department has been working with Cornell scientists. They are working on getting to a goal of 80% reduction in carbon emissions by 2050. On October 29 at 5:30 at the Science Center is a public meeting about the energy and economic development task force to solicit input about the next five years. Supv Sumner thanked Mike Lane for his advocacy for the Red Mill Road Bridge project. It was an unexpected and welcome decision. M Lane said this is a good example of local government listening to residents and coming up with a plan that works best for community. Mike Lane said TCCOG is a wonderful organization in the county. Members came together to do a consolidated efficiency plan to submit to the state in response to the Governor’s demand. The plan must be approved in order for residents to receive rebate checks. The report had to show a savings of 1% in consolidated services across all municipalities. TCCOG worked hard and put a plan together. They knew they were up against a difficult situation because most of the other efficiencies that other counties and municipalities are moving ahead with had already been done in Tompkins County. The State did not approve the plan. TCCOG is going to see if it can be corrected or improved and aren’t giving up on it. Cortland and Delaware County’s plans were also not approved as well as some other. Some 2000 plans were approved. Tompkins County was the first county in the state to come up with a health consortium and it saved all the municipalities a lot of money. They tried very hard to say that we should be able to use that even though it happened prior to 2012. Tompkins County is likely to stay under the tax cap, but if the efficiency plan is not approved, none of the county municipalities’ residents will get rebate checks. The County and City of Ithaca will jointly be asking for a study of police services to perhaps consolidate some groups. They would be happy if other muni cipalities or Cornell want to become part of the study. TCCOG is also looking at consolidating the court systems in the county. TB 10-15-15 Page 12 of 15 NEW BUSINESS Supv Sumner would like to introduce the 2016 preliminary budget and schedule a public hearing. This budget increases the rate from $1.61 to $1.76 (a 9% increase). The tax levy increase is 13%. Total assessment in the town increased by 13%. The increase in the assessment is due to individual changes in assessment and about half due to new properties in the town. The town was fortunate to keep the tax rate low through the recent recession, but in the mid nineties the rate was $2.62. That resulted in building the new town hall debt free. In the late 90s the rate began lowering until it got to $1.44 and we were able to hold that until 2014. We have steadily cut spending and appropriations and slowly but steadily increased nontax revenue, but have just cut it to the bone. We are suffering from some of the cuts we’ve made and the effect of some of those cuts won’t be felt for ten or twenty years. There will be more detail in the next weeks and she is happy to meet with people who have questions or suggestions. RESOLUTION #154 (2015) – SET PUBLIC HEARING FOR BUDGET Supv Sumner offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby schedules a public hearing for October 28, 2015, at 7:00 p.m. for the purpose of receiving comments on the general budget, the special district budget, the fire district budget and contracts and the ambulance special district budget and contracts. 2nd Cl Solomon Roll Call Vote Cl Sloan Yes Cl Solomon Yes Supv Sumner Yes Cl Leifer Yes Cl Lavine Yes Supv Sumner explained that it is necessary for the board to vote to designate Jennifer Jones as a Forte user for purposes of accepting credit card payments via the RecPro software. RESOLUTION #155 (2015) – DESIGNATE J JONES AS FORTE USER Cl Solomon offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby designates Jennifer Jones as an authorized Forte user. 2nd Cl Supv Sumner Roll Call Vote Cl Sloan Yes Cl Solomon Yes Supv Sumner Yes Cl Leifer Yes Cl Lavine Yes Sewer rates – Supv Sumner explained the new rate IAWWTF will be charging us is $19.71 for 10,000 gallons. The town rate proposed to be added to that is $3.00 per 10,000 gallons, making a total of $22.71 per 10,000 gallons for Districts 2, 4, 5, and 7. District 1 has a surcharge because they discharge to the Cayuga Heights plant which is more expensive so TB 10-15-15 Page 13 of 15 their new rate will be $50 per 10,000 gallons. District 6 discharges through the Town of Ithaca to the IAWWTF so their new rate will be $31.51. It turns out that changing the sewer rates involves amending four different sewer use laws. After discussion, the board introduced the following amendments and set the public hearing for November 19, 2015 at 7:05 p.m. RESOLUTION 156 (2015) – INTRODUCE LOCAL LAWS AMENDING SEWER RATES Supv Sumner offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby introduces the following local laws and sets the public hearing for the same for November 19, 2015, at 7:05 p.m. Local Law # 2015 Amending Local Law #1 of 2013 – Sewer use rate SS1 Be it enacted by the Town Board of the Town of Dryden as follows: 1. Subsection (b) of Section 6 (Calculation of Sewer Rent) of Local Law No. 1 of the year 2013 (Town of Dryden Sewer District No. 1 Sewer Rent Law) is hereby amended to read as follows: “(b) Based upon the water usage, the calculation of the sewer rent shall be made by multiplying the number of gallons consumed in the billing period by $.5000 per 100 gallons. The product shall be the sewer rent for the billing period.” 2. Subsection (c) of Section 6 (Calculation of Sewer Rent) of such local law is hereby amended to read as follows: “(c) In the event that the product computed according to sub-section (b) above is less than $50.00 then the bill shall be rounded up to $50.00 which shall be a minimum bill for each billing period. In the event the premises are not connected to a water meter, then a minimum bill as set forth herein shall be imposed for each billing period, until such time as a water meter is installed. All premises served by a sewer system shall have a water meter installed within nine (9) months of connection of the premises to the sewer system.” 3. This local law shall take effect for all sewer use after January 1, 2016 and after filing with the Secretary of State. Local Law # 2015 Amending Local Law #2 of 1989 – Sewer use rate SS2 Be it enacted by the Town Board of the Town of Dryden as follows: 3. Subsection (b) of Section 6 (Calculation of Sewer Rent) of Local Law No. 2 of the year 1989 (Sewer Rent Law for Dryden Sewer District #2) is hereby amended to read as follows: “(b) Based upon the water usage, the calculation of the sewer rent shall be made by multiplying the number of gallons consumed in the billing period by $.2271 per 100 gallons. The product shall be the sewer rent for the billing period.” TB 10-15-15 Page 14 of 15 4. Subsection (c) of Section 6 (Calculation of Sewer Rent) of such local law is hereby amended to read as follows: “(c) In the event that the product computed according to sub-section (b) above is less than $21.53 then the bill shall be rounded up to $22.71 which shall be a minimum bill for each billing period. In the event the premises are not connected to a water meter, then a minimum bill as set forth herein shall be imposed for each billing period, until such time as a water meter is installed. All premises served by a sewer system shall have a water meter installed within nine (9) months of connection of the premises to the sewer system.” 3. This local law shall take effect for all sewer use after January 1, 2016 and after filing with the Secretary of State. Local Law # 2015 Amending Local Law #2 of 1994 – Sewer use rate SS4, SS5, SS7 Be it enacted by the Town Board of the Town of Dryden as follows: 5. Subsection (b) of Section 6 (Calculation of Sewer Rent) of Local Law No. 2 of the year 1994 (Dryden Sewer Districts Sewer Rent Law) is hereby amended to read as follows: “(b) Based upon the water usage, the calculation of the sewer rent shall be made by multiplying the number of gallons consumed in the billing period by $.2271 per 100 gallons. The product shall be the sewer rent for the billing period.” 6. Subsection (c) of Section 6 (Calculation of Sewer Rent) of such local law is hereby amended to read as follows: “(c) In the event that the product computed according to sub-section (b) above is less than $21.53 then the bill shall be rounded up to $22.71 which shall be a minimum bill for each billing period. In the event the premises are not connected to a water meter, then a minimum bill as set forth herein shall be imposed for each billing period, until such time as a water meter is installed. All premises served by a sewer system shall have a water meter installed within nine (9) months of connection of the premises to the sewer system.” 3. This local law shall take effect for all sewer use after January 1, 2016 and after filing with the Secretary of State. Local Law # 2015 Amending Local Law #2 of 2013 – Sewer use rate SS6 Be it enacted by the Town Board of the Town of Dryden as follows: 7. Subsection (b) of Section 6 (Calculation of Sewer Rent) of Local Law No. 2 of the year 2013 (Peregrine Hollow Sewer District Sewer Rent Law) is hereby amended to read as follows: “(b) Based upon the water usage, the calculation of the sewer rent shall be made by multiplying the number of gallons consumed in the billing period by $.3151 per 100 gallons. The product shall be the sewer rent for the billing period.” TB 10-15-15 Page 15 of 15 8. Subsection (c) of Section 6 (Calculation of Sewer Rent) of such local law is hereby amended to read as follows: “(c) In the event that the product computed according to sub-section (b) above is less than $31.51 then the bill shall be rounded up to $31.51 which shall be a minimum bill for each billing period. In the event the premises are not connected to a water meter, then a minimum bill as set forth herein shall be imposed for each billing period, until such time as a water meter is installed. All premises served by a sewer system shall have a water meter installed within nine (9) months of connection of the premises to the sewer system.” 3. This local law shall take effect for all sewer use after January 1, 2016 and after 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 There being no further business, on motion made, seconded and unanimously carried, the meeting was adjourned at 9:30 p.m. Respectfully submitted, Bambi L. Avery Town Clerk