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HomeMy WebLinkAbout2016-05-19TB 5-19-16 Page 1 of 20 TOWN OF DRYDEN TOWN BOARD MEETING May 19, 2016 Present: Supervisor Jason Leifer, Cl Daniel Lamb, Cl Linda Lavine, Cl Deborah Cipolla-Dennis Elected Officials: Other Town Staff: Erin Bieber, Deputy Clerk Mariette Geldenhuys, Town Attorney Ray Burger, Director of Planning Jennifer Jones, Recreation Director Deputy Supervisor Dan Lamb called the meeting to order at 7:05 p.m. Board members and guests participated in the pledge of allegiance. Cl Lamb stated that Supv Leifer would be a bit late. PUBLIC HEARING SPECIAL USE PERMIT APPLICATION OF AMY AND EDWARD VORHIS TO OPERATE AN AUTOMOBILE REPAIR BUSINESS AT 4 CRICKET LANE Cl Lamb opened the public hearing at 7:08 p.m. Applicants Ed and Amy Vorhis explained they are applying for a special use permit. Cl Lamb asked for comments from the public. Bonnie Batzer said she and her husband Scott live at 5 Cricket Lane, directly across the street from the applicant. They just found out about this via a post card from the town. Several of the neighbors are present and have many concerns. She understands that safety concerns with oils and liquids from motor vehicles and it scares her. They all have private wells in this area. She is concerned about traffic flow. It is a dead end road and they have had a few 18 wheelers get stuck and have to back into Route 38. She has a ten year old son and a grandchild and is concerned for their safety with the vehicle traffic. She presented pictures to show how close the applicants’ barn is to her living room. John Brantley, 20 Cricket Lane, said his concern is the oil, gas and solvents in this type of business. They are located less than 500’ from designated wetlands. The end of Cricket Lane is designated as UNA 73 in Tompkins County. He asked what kind of containment would be in place for these fluids. Watching the 18 wheeler try to figure out what to do was kind of sad. Cricket Lane was not made for this kind of traffic. Cynthia Brantley, 20 Cricket Lane, said they own the property at the end of the street and around behind Cricket Lane to Route 38. That property contains not only unique natural areas, but also DEC Class 1 protected wetlands which feed into the Owasco Inlet so they are very important. They are concerned about pollution of the wetlands. Increased traffic on Cricket Lane, a one-block dead end road, is quite concerning. The only place an 18 wheeler could possibly safely turn around would be at the end of the road in their driveway and it would be unlikely. Children play on the street because it has been a very quiet road. There is also a concern with privacy and security because it is a one-block dead end road. Other concerns are property values and having to move because of health issues. They aren’t TB 5-19-16 Page 2 of 20 opposed to the concept of doing business, but would have appreciated being approached beforehand and addressing these concerns. It was noted that an 18 wheeler had been on the road twice in the past two weeks. When it backs into Route 38 people coming around the curve can’t see it. Bonnie Batzer presented pictures that showed the distance from her house to the barn where the applicants propose to do business and the distance from the Kalb’s house to the barn. Kalbs have emailed concerns to the board. She said traffic has increased since they moved there three years ago and the applicant began working on family members’ vehicles. She understands what he wants to do, but she doesn’t want the increased noise, fumes, traffic and people. There are seven houses on the road and most times she leaves her door unlocked with no worry, but she doesn’t know what to expect now. And if people can’t pay their bills, the vehicles will be sitting there for longer. Ray Burger stated that our zoning does allow for automobile repair facilities in a rural residential zone, which this is. The rural residential zone has large lots along Route 38 with small lots on side roads, so there is a difference in the neighborhoods. It may be more applicable in one area than another, and we can condition a special use permit to make it compatible. We can apply conditions to control the amount of traffic on the road and to buffer from residences, but this is a small lot subdivision so mitigation is fairly limited. The special use permit process allows the board to determine whether it can be made compatible. Cl Lamb said it seems the question before the board is whether enough conditions can be put on it to make it acceptable to the applicants and to the neighbors. The Planning Department has made a few recommendations. He asked the neighbors if there was any way it could be made acceptable, because we want to see small businesses in Dryden. But it has to be within the right setting. Rosemary French, 9 Cricket Lane, said she has been in her home for 32 years and moved there because it is a residential, quiet cul-de-sac. She also saw the 18 wheeler this morning having a difficult time. She would like to object to this small business because of the traffic. There are children who ride bikes on the road and so forth. With the extra traffic it could be unsafe. It could be an eyesore. It’s a short, dead -end cul-de-sac. There is a school bus stop at the end of the street. The only traffic on the street is the neighbors. This is a residential area, not a commercial business area. There is a lot of activity on the property right now. Mar Perez, 14 Cricket Lane, said she shares the concerns of her neighbors and is concerned for her children. She is currently comfortable with letting her children visit friends on the road. The walk and ride bike on the road. She sometimes leaves her door open. Having more people coming people in and out will affect that. She would like her own business someday also, but she wants to measure what is there. We need to consider the small community and that we used to know all the cars going in and out. It is currently beautiful and quiet and safe. Bonnie Batzer said she wishes they could have had this discussion another time. She has cancer and has been dealing with it for three years. The struggle is financial for them and in the future they may need to sell the home. If she has a commercial business with all these cars across from her beautiful sunken living room, it will devalue her home . She can’t have that happen and so she absolutely opposes having a commercial business across the street. She appreciates that they do things for their friends and family and wishes them well and hopes that they will be able to figure something else out to help everyone because she needs to be able to take care of her family. TB 5-19-16 Page 3 of 20 Supv Leifer arrived at 7:30 p.m. Amy Vorhis thanked the neighbors for their concerns. Ed Vorhis said the tractor trailer deliveries will not be a regular thing. They had purchased of couple of things that were delivered by tractor trailer. If the driver had called ahead of time, they would have told them to back down the road so they wouldn’t have to back onto Route 38. Amy Vorhis said Ed works on all their vehicles and family members’ cars. There are extra vehicles in the driveway right now. There are two that leave tomorrow night. There is a boat that they have had 12 years. He has been working on cars pretty much his whole life and has lived on Cricket Lane since 2000. There have always been cars that he’s helped people with. They have three cars themselves. Ed Vorhis said he doesn’t want to be a big business. It will be word of mouth for neighbors, friends and relatives. They don’t hang around with riff -raff and doesn’t believe there will be a security risk. This isn’t really a change from what they’ve been doing, but would like to get registered and be able to charge people and pay their taxes. He knows what needs to be done with the chemicals; he has worked in the car business for more than 30 years and worked with the EPA. He currently works at Caskey’s Garage and will probably continue for seven years. NYS has a lot of regulations for repair shops and before they can register you have to be in compliance. They don’t have any large tanks, but if they did, depending on the type, inspections would be made weekly or monthly. The EPA would make an inspection every two years. He offered to have the EPA come and inspect their facility and see if they have recommendations before they get their permit. Amy Vorhis said they have seven grandchildren, two currently living with them, so she understands the concerns about kids riding bikes in the road and that sort of thing . They don’t anticipate large amounts of traffic and won’t be having tow trucks at all hours. It won’t be that kind of business. There are no deed restrictions or homeowners association for this subdivision that anyone is aware of. Cl Cipolla-Dennis asked about containing emissions when a vehicle is running. E Vorhis said he doesn’t have a system for filtering exhaust. Most cars today are pretty clean burning. The board can add conditions to the approval limiting the number of customer vehicles (5 was suggested), as well as other conditions. A Vorhis offered to plant some evergreen shrubbery to block the neighbors view. Cl Lavine suggested a fence may be more appropriate. Customers’ vehicles would be parked across from the doors to the garage. The board reviewed the plan submitted. Supv Leifer suggested customer vehicles be parked where they are not visible to the neighbors. Mar Perez said her son has asthma so exhaust and fumes is a concern for her. Bonnie Batzer said the applicant’s intention is to get bigger and she doesn’t see that being a good situation for Cricket Lane and is opposed entirely. Of the eight people that own property on the road, three are not present (one did send an email). She asked if there is anything they can do to say the majority does not want this and was told the hearing was for that purpose. TB 5-19-16 Page 4 of 20 John Brantley asked if this would require a DEC survey because of its proximity to the wetlands area and elevation increase as you go up the street . Cl Lamb said County Planning has determined there would be no impacts and it seems they would have picked up on that. The board would like to do a full site plan review and asked the applicants to think about how they would address pollution and the exhaust because that seems to be a real concern. The hearing was left open at 8:03 p.m. Applicants were asked to consult with other repairs shops similar to what they intend to have. Cynthia Brantley asked that signage indicating that trucks beyond a certain length were not allowed. There used to be a “children at play” sign and she would like that replaced. Those should be in place regardless of how this application turns out. Town Board Appointment Supv Leifer said a number of people have approached board members with varying levels of interest. He would like to advertise the vacancy. After discussion it was decided that letters of interest would be accepted until June 6, 2016. Interviews can be conducted on a rolling basis as applications are received. An ad will be sent to The Shopper tomorro w and a press release will go to various public media outlets. CITIZENS PRIVILEGE Rebecca Elgie of Ithaca spoke about the proposed New York Health Act resolution. This act would cover all New Yorkers with very comprehensive health care and would cover all medically necessary services and situations with the ability to choose your doctor, hospital or clinic. It would save 45 billion dollars for New York State because it gets rid of the private insurance companies and high administration costs. Last year it passed the Assembly 92 to 52 and is expected to come to a vote again next month with some amendments proposed by Assemblyman Gottfried. Dryden is already part of the Tompkins County Health Care Consortium founded in 2010. It brings together 17 local municipalities and covers 5,000 public employees. It saves taxpayers two million dollars, as of last year. We find that our premiums are going up every year and employees have to contribute more toward them. The NY Health Act would save across the state by bringing everyone into the same risk pool. It would wrap Medicaid into the state plan so that municipalities would no longer have to pay high Medicaid costs. She asked the town to pass this resolution. It has been adopted in six other local municipalities to date. David Weinstein, 51 Freese Road, read the following statement: You will be determining whether a proposal for a Planned Unit Development at 1061 Dryden Road shall be sent on to the Planning Board for consideration. This is an inapp ropriate concept for a PUD in this location and I strongly recommend that you reject this proposal and do not send it on to the Planning Board. According to our zoning, a Planned Unit Development (PUD) should meet the following conditions: a) designs that preserve critical environmental resources, b) provide Open Space amenities, c) incorporate creative design in the layout of Buildings, Green Space and circulation of TB 5-19-16 Page 5 of 20 vehicles and pedestrians; d) assure compatibility with surrounding land uses and neighborhood characte r; and e) provide efficiency in the layout of Highways, utilities, and other Municipal Facilities. This plan meets none of these conditions. The Concept Plan presents itself as being in the Hamlet of Varna (pg. 1, contradicted later) and therefore furthering the goals of the hamlet, but this area was explicitly NOT included in the Hamlet and was purposefully kept as a lower density area for the following reasons. 1. The Varna plan’s goal is to focus density in the hamlet proper, which is some distance to the west of this property. This property is poorly connected to the hamlet proper, and would remain so even once the rail trail is completed. 2. The entire collection of sewer districts on the west -central side of Dryden has only 150 hookups of capacity left. This PUD would use up 20% of those in a way that does nothing to further the goals for the hamlet. This attempt to use the PUD concept for this property is nothing more than an attempt to get around our zoning that intentionally restricted density in this area t o allow the available sewer hookups to be used predominantly within the hamlet proper. Finally, let me mention that this plan was presented to the Varna community at a Planning Board mtg. several weeks ago. Anyone who was there will tell you the community voiced complete opposition to this proposal, pointing out a load of specific problems. The developer and his architects proceeded to submit the plan to your board with no substantial changes that I can see. This kind of tone deafness does not warrant the plan to be considered by the Planning Board. Jim Skaley, 940 Dryden Road, submitted the following letter to the board and spoke on various points. RE: Two proposals for housing development in Varna Firstly, housing is a priority in Tompkins Co. with very limited affordable units for firsttime buyers and middle-class incomes and rents have increased as a result of a vacancy rate of 1% or less. With Cornell continuing to expand enrollment, the pressure continues to press middle - class families from obtaining affordable housing. This combined with income inequality has led to a shrinking middle-class nation-wide according to Pew research polling. Two proposals were recently presented to residents at the Varna Community Ctr during a planning board meeting. The first is entitled Tiny Timbers subdivision. This proposal is designed for affordable housing for units to be built and sized by prospective owners. It is proposed in two phases. The concept improves upon the previous site plan approved for this site that proposed rental units. As such Tiny Timbers comports much more closely to the Varna Plan which is meant to encourage more owner-occupied single family units. Subject to final design I strongly support the concept and urge the Board to move to approve a spe cial use TB 5-19-16 Page 6 of 20 permit to allow the project to move forward. The second proposal Evergreen Townhouses is for a PUD at 1061 Dryden Rd just beyond the boundaries of the Varna Plan but adjacent to the proposed trail. The conventional concept of a PUD is described as follows: Planned unit developments, or PUDs, are homeowner communities that are operated by an association and designed to offer amenities and features not found in traditional subdivisions. Planned unit developments, or PUDs, are homeowner communities that are operated by an association and designed to offer amenities and features not found in traditional subdivisions, homeguides. sfgate. com. This proposal is located in an RR zone where where single and two-family houses predominate. There is no mention of a PUD as an allowed use. An exception can be made for multiple unit subdivision or housing with a SUP. A PUD is a different concept than either as described above. The zoning for a PUD also requires a number of amenities to be incorporated along with features that either have a mix of commercial and residential with open space and/or are designed to be home-owner communities. The 1061 proposal as described in a presentation are for rental (likely student) and the density of 36 townhouses exceed what migh t be normal density. I also contend that this project does not meet the test of a PUD as it lacks adequate elements especially as it might benefit the Varna community. As indicated in the proposal the maximum that might be allowed on this RR site would be a subdivision of approximately fourteen 10,000 sf lots, each of which could contain a two-family home, for a total of 28 possible units. Development in this manner would result in impacts to existing vegetation and divide open space in a traditionally suburban layout. 14 vs. 36 is a big difference. The only stated amenity proposed is to surface the portion of the trail that crosses the parcel boundary and deeding that to the Town. There is a tiny picnic area near the entrance -distant from most of the units. There are no other community based proposals that the public could utilize. There is no time table for when the trail could be completed; therefore this proposal would have no current benefit to the community and marginal benefit to the Town. (Ref. sec 802 (E)(2) Town zoning) Its questionable that the project has sufficient parking allowed, if these are to be rental units and if they are renting to un-related individuals. The zoning indicates: For each Dwelling Unit—one parking space, except for Dwelling Units occupied by more than three unrelated persons where one parking space per bedroom shall be required. The site plan suggests one parking space/unit. The proposal shows these as three-bedroom units; therefore, its permitted under the zoning to limit eac h unit to 1 parking space. How are they going to accommodate other parking if these are rented to unrelate individuals? Even if these units are rented solely to families which would be more desirable, there still doesn’t appear to be sufficient parking if families have additional cars. TB 5-19-16 Page 7 of 20 The site is located on an elevated site with a steep grade from 366 to the parcel. A bus stop is located across 366 but at a elevation higher (to the east) than the proposed driveway making crossing the highway during commuting time hazardous at best especially since on coming traffic will be accelerating from the 30 mph zone to a 40 mph zone but with traffic frequently traveling much faster. The same for traffic moving down slope from the east-in the west bound lane. Finally, while there is sewer/water near the site, as had been indicated at the PB meeting, Varna is limited to 200 additional hook-ups-some of which are now allocated to the 902 site approved and with more for the Tiny Timbers site if approved. The Varna Plan pro poses a more dense mixed use, possibly a PUD, at the corner of Mt. Pleasant and 366. And other possible developments have been suggested in the Varna Plan District. Adding 36 units at 1061 would likely bring the remaining total down close to 100 hook-ups. That could severely limit the Varna Plan’s development options contrary to the proposal’s suggestion that the proposed densification would benefit further commercial development nearby. I would urge that the Town Board not approve this project as currently conceived for all the reasons stated. As conceived, it maximizes rental income for the developer with no overall benefit to the Varna community. I would also urge that the Board step back and consider elements that would further develop the Varna Plan before considering peripheral projects that would sap consideration of elements that would provide more amenities and benefit the owner - occupied housing shortage mentioned in my opening statement. Joanne Cipolla-Dennis, 964 West Dryden Road, thanked D Weinstein & J Skaley for their comments on the PUD. It seems like every time she’s read about them there was something negative on the back end. She thanked Rebecca Elgie & Barb Harrison for bringing up the NYS Health Care for all which she hopes is unanimously supported by the board. The Affordable Care Act provides for an insurance policy, not for delivery of health care. NY Health Act would also provide for dental and vision care that is not available under the Affordable Care Act. She asked the board to support that. With respect to appointment of a town board member, J Cipolla -Dennis said she appreciates how that has been worked out. She asked that the ad encourage gay, lesbian, transgender and all colors are to apply. She added that a lot of black people are now living here and she would like to see diversity practiced, not just talked about. J Cipolla-Dennis thanked Greg Sloan for his service to the town. She appreciated how he spoke out about NYSEG. Martha Ferger, 6 Union Street, read the following letter to the board: I am writing to endorse the idea of a moratorium on the proposed Freeville -Lansing (West Dryden Road) Reinforcement Pipeline. I am sure that if more natural gas is delivered into Tompkins County, more natural gas will be used, in new developments and elsewhere. The result will be one more boost to the looming climate change disaster that threatens the lives of ourselves, our children and our grandchildren. I urge you instead to support, in every way you can, the use of alt ernative power sources. Heat pumps are now cost - competitive for home heating, and we all know about wind and solar to add power to the grid. You have the power and the opportunity to accept zoning regulations and building codes to help make the future safe r for us all. TB 5-19-16 Page 8 of 20 Carol Whitlow, 1067 Dryden Road - Steve Jobs said “Design is not what it looks like and feels like. Design is how it works.” Our available land for building is very limited and once we build on property, the opportunity to use it to the best for our community is gone. If a designed use of the property adds problems and causes disharmony, the community will pay and pay for the compromise they’ve made. I think we have a common purpose. We want a world that we, our fellows, our children and grandchildren can live in safely and comfortably. Owner occupied housing is one way to insure that people will care for their homes and engage in pro-social behavior and attract like others. The current proposal for 1061 works counter to these goals and values. It features living units packed together with few to no windows and only a parking lot to and from which people run. One parking place per 3-bedroom unit is inadequate. The potential of 98 cars going in and out of a small "curb cutaway" several times a day, not including their visitors, is impossible. The old railway recreation way is almost blocked by the diagram that 1061 is proposing. There is a retention pond that could be a safety concern when many people are using that recreation way when it is completed. When you turn off Dryden Road past the FH Fox bridge coming up the hill you’ll see two single family houses and town houses in the back. You won’t see beautiful trees and open land. The current plan is not consistent with that character although the developer plans to raze one of those single family houses. Opposite the house that C Whitlow owns they have planned a maintenance shed which will provide constant noise. She is retired and is home all day. There is also a picnic area proposed and she asked if people would want to picnic with a hundred cars below you. Their overlook at the north border of the property is at the top of a cement wall and she said people standing over that would be a distraction to drivers on Route 366 making a hazard on the road. To the east and south side are five acres which also have a less dense character. If the owner was also able to use this formula for density, there could 27 units on the property. She urged the board to consider the current character of the property and that they want Varna to be place for families and people who will be part of the community. (Written statement is attached.) William Klepack, M.D. spoke in favor of the proposed resolution in support of the New York Health Act: I would urge you to support the passage of this legislation and, in future years, legislation essentially the same as it because not only would the health of our citizens be enhanced by such a system but your function as a governmental entity would be. I am a practicing family physician here in the town of Dryden. We are very aware of the many benefits that such an act as this would bring to our patients and to our practice. Indeed, the New York State Academy of Family Physicians is on record as supporting this act. On behalf of my Academy I delivered testimony to this effect in the past year. The Board is probably painfully aware of the amount of money being diverted away from needed road, bridge, and infrastructure repairs, and away from safety concerns, and school needs within the town's boundaries. It is probably aware that these monies are being diverted into health care premiums which are TB 5-19-16 Page 9 of 20 being wasted due to insurance company and health system inefficiencies, beaurocracy, and excessive overhead. A local businessman with branches in the US and in Canada calculates that per hour per employee he spends 7 dollars on health costs in the U.S. but 70 cents in Canada. This differential has no discernible benefit to his business and drains monies away from funds that could be used to increase salaries. Your town affairs are no different. I urge you to support the " NY Health ACT " appearing on your, agenda. Don Scutt, Palmear Road, said that he believes the Town of Dryden has a problem with its budget and needs to be spending more time and have more discussion in public about what the board is going to do with the budget and taxes. He asked that the board vote on the budget prior to the next election. He would like the board to encourage more development an d increase the tax base. People are leaving the state because of taxes. He recommended the board establish an economic and tax advisory board to advise the board. He asked the board to concentrate on revenue, expenses and taxes. TOWN CLERK RESOLUTION #93 (2016) – APPROVE MINUTES Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the meeting minutes of March 31, April 14, and April 21, 2016. 2nd Cl Cipolla-Dennis Roll Call Vote Cl Lavine Yes Cl Cipolla-Dennis Yes Cl Lamb Yes Supv Leifer Yes HIGHWAY DEPARTMENT/DPW No report. RECREATION DEPARTMENT Jennifer Jones reported that the Recreation and Youth Commission has made its recommendations for the community grants. Board members have those recommendations. If approved, she will mail the contracts next week. Spring programming is going smoothly with over 120 youth participating in a number of programs. They will also be doing CPR training and the adult softball league will be starting soon. The summer and fall community guide is out with all programming through November listed. The design day for Montgomery Park is May 24. PLANNING DEPARTMENT TB 5-19-16 Page 10 of 20 Ray Burger said in addition to the items on tonight’s agenda, there is a development proposed on Mineah Road near Route 13. The proposal is for 20 single family homes for rental on a 9 acre lot. This is a mixed use commercial district and maximum density allowed is 4 dwelling units per acre. The project is allowed by right and there is no special use permit or site plan review required. Supv Leifer asked that R Burger keep the board advised because they may have questions from residents. Monthly report is attached. COUNTY BRIEFING Mike Lane reported that one of items discussed at the Tompkins County Area Development meeting today was the census projections for the next five years. The city’s population is up nearly 3% from 2010. The latest estimate for the city is a historical high. The remainder of Tompkins County grew even more – 3.6%. Dryden is estimated to be up 4%, about 520 people, and the Village is up 11%, or 204 people. He believes that when we have developers wanting to build housing, it is to try and meet a real need. The largest employers in the County for 2016 are Cornell University, Ithaca College, Borg Warner, Ithaca City School District, Cayuga Medical Center, Tompkins County, Tompkins Cortland Community College, Wegmans, City of Ithaca, William George Agency, Maguire Family of Dealerships, among others. The list of the top 15 employers in the county is attached. The County has received a grant (about $50,000) for the police consolidation study and they will be putting out an RFP for a consultant. The focus will be on sharing services between the County and the City law enforcement services, and hopefully other departments will be interested in sharing services. The STAR program was changed at the last minute in the budget process. Going forward people who purchase houses, unless th ey had the STAR exemption previously, will not be able to get the exemption as a reduction on their assessment (as it is now). Instead they will receive a check from the state right before school taxes are supposed to come out. This is causing the a lot of problems in the Assessment Department figuring out how to administer what is really now two programs. To make things worse, it is retroactive to March 1, meaning if you purchased a home in April and sent in an application, you will receive a letter say ing you were denied the STAR exemption for 2016. It will also have an effect on people’s mortgage escrow accounts because they are often based on the previous year’s taxes. Supv Leifer said a lot of people have commented on the higher assessments on Ag lands. M Lane said he didn’t know whether the Assessment Department had talked with the government operations committee, but frankly farmers are driving up the value of lands with the prices they are paying. They are paying significantly higher prices for good farmland. The good thing is that even though the assessment goes up for agriculturally assessed property, the amount that the taxes can go up each year is limited by the state Ag exemption. Martha Robertson reported that the William George Agency is going to build a new residence and is seeking tax exempt bonds through the Tompkins County Development Corporation. They held a public hearing on a bond for 2.7 million dollars, but because of increased costs now have to go through the process again for a total of 3.1 million dollars. The new public hearing is scheduled for Monday, June 6, at 10:00 at the town hall. The Planning, Economic and Environmental Quality Committee heard a report from the Energy and Economic Development Task Force on what key issues need to be addressed to advance Tompkins County’s greenhouse gas emissions goals while supporting the growth of TB 5-19-16 Page 11 of 20 jobs and our economy. That draft report is available on the TCAD.org website. Comments can be made on the report via their website. There was disturbing news recently about the assigned counsel program that helps indigent individuals get public defense. In New York the counties pay most of that cost. There will be new guidelines based a recent court settlement that will go into ef fect in October. These guidelines will significantly increase the number of people who qualify, increase the amount of money counties will be expected to pay, and increase the number of staff needed to administer the program. It may even mean that the county will require new space for staff. The state senate recently passed a bill that calls for no new unfunded state mandates. At the same time there is a proposed bill that would require the state to take over all costs for assigned counsel from counties over a four year period. That is currently stalled in the legislature and there is a group to get it moving again. The county has also learned that the state is starting to tighten the requirements on the variances for the number of people in the jail. They are looking for a plan within 60 days on how to deal with the overcrowding. M Robertson said the county has been working hard, and recently allocated $100,000 to support a re-entry program so they can try to keep some folks from coming back to the jail. They heard some preliminary information from the housing needs assessment that is underway. They are happy to have received 4,500 responses to the online survey and not the 500 that the consultant expected. Fifty-eight percent of those responding who work in Tompkins County and live elsewhere said they would move to the county if they could afford it. ADVISORY BOARD UPDATES Planning Board – Cl Cipolla Dennis, liaison to the Planning Board, provided a written report to board members (attached). Supv Leifer said he had been at a recent meeting on solar and information was presented there that the Planning Board may be interested in and he will share that. Conservation Board – Bob Beck said they continue to discuss goals and objectives f or a natural resources conservation plan. Recreation & Youth Commission – Stephanie Mulinos, Vice-Chair, said their mission is to facilitate opportunities for town residents to participate in recreation and leisure activities and to support access for youth to programs that build skills, confidence, leadership, and supportive relationships. She presented the 2015 annual report for the commission. In January they established their long and short-term goals and are happy to say they accomplished almost all of them. One of their primary responsibilities is to allocate town funding through the community grant program. Last year they allocated $6,000 to seven local organizations for a wide variety of community programming. Those programs served over 1,500 residents. DRYC allocates funding for youth development program and contract with Cooperative Extension Rural Youth Services to provide that programming, including the OURS/YOURS programs, youth employment, and Rural Youth Services programming which takes place in the schools. Those programs served over 900 youth ages 9 to 17 focusing on promoting leadership, life skills, positive relationships and confidence. The OURS program has received some national attention and currently DRYC is working with Cooperative Extension to capitalize on that and get the word out on the impact of that. They are working to broaden the number of kids reached through the youth employment program. The Rural Youth Services TB 5-19-16 Page 12 of 20 programming provided by Dave Hall is very popular and it can be a challenge to serve all the kids who want to participate. DRYC provides support services to the Recreation Department by helping to set program goals, do needs assessments, helping with funding allocations and whatever else they can help with. The programs offered by the Rec Department this year reached a total of over 4,000 town residents. Adult programming was increased and a lot of volunteers were attracted. A retreat was held in January of 2016 and goals for this year were establishe d. They are working with the Montgomery Park Revitalization Committee. When asked how the town board could help, S Mulinos said the board could provide clear guidance. They provide a connection between the town board and the community with respect to recreation and youth development and try to turn the information they collect from the community into meaningful programs. They have developed and applied the criteria for making funding decisions on the community grants. S Mulinos said they could use so me support in addressing what to do with the recreation reserve funds. Cl Lavine suggested that some of the programming offered by the Ithaca Youth Bureau could be offered in Dryden if we could facilitate a place to hold it and perhaps the DRYC could discuss that. It could offer efficiencies and a wider variety of programs. J Cipolla-Dennis commented that when they visited Dryden Lake Park last Memorial Day there was such a large number of people smoking that they had to leave. There was also someone using heavy equipment that day and the noise over the lake was unbearable. She asked if there was someone to call when there is an issue at the lake and asked that someone put a sign up prohibiting smoking or establishing a smoking area. J Cipolla-Dennis asked whether the Methodist Church discriminated against the LGBT community and if so, why the town was funding them. S Mulinos said the DRYC does not ask any of the applicants what their stance on such issues is. J Cipolla-Dennis said it would helpful if those questions were asked and accepting venues where identified, then people would feel safer there. S Mulinos said there is a group that is working on identifying community space and increasing community program in those areas. Supv Leifer will check with NYS DEC with respect to smoking at Dryden Lake Park. There were some concerns from audience members that perhaps the Ellis Hollow side of town was not receiving the benefit of programs through the DRYC and the Rec Department. Supv Leifer pointed out that part of the struggle is the multiple school districts in the town. The board can help address this with direction with respect to the Recreation Master Plan. Cl Cipolla-Dennis suggested moving the location of monthly meetings of the DRYC around the town. Presentation – 1061 Dryden Road Kim Michaels, Landscape Architect with Trowbridge, Wolf & Michaels, introduced Steve Hugo of HOLT Architects and Gary Sloan, who will be developing 1061 Dryden Road. They have submitted a concept plan package for Evergreen Townhouses in Varna. They are seeking PUD status for this project. They also submitted a traffic analysis and trip generation report. She asked the board to review this for completeness and if the board thinks the concept level plan is complete, that it be referred to the Planning Board for public hearing, TB 5-19-16 Page 13 of 20 review and comment. After that, the Town Board would do SEQR and review more details on the project. The plan was presented to the Planning Board last month and there are some ver y concerned neighbors who don’t want change in a space they feel is very rural and very precious. K Michaels said there is a precedent for development of this kind directly across the street and another in Varna. The project is on 6.5 acres in the hamlet of Varna. It was not included in the core study area. It is mostly open meadow in the center and is highly vegetated with evergreen trees around the edges. A portion of the old rail bed goes through it, and it is one -third of a mile from the main intersection in Varna. 36 dwelling units are proposed in two -story townhouses. They will be two and three bedrooms. By right and in accordance with current zoning the property could be developed with duplexes resulting in 28 dwelling units on site, but that would not allow the open space or preserve the evergreens as proposed. Two acres of trees will remain untouched. The developer is proposing to make improvements to the trail, including the property that is in this project and offer property rights to that section of recreation way to the Town of Dryden. Images of the plan and what the buildings would look like were displayed. Because of the elevation of the property, it will not be easily visible to the public. It seems a sensible property to increase density and promote some of the ideas about nodal development in Varna. It will be a small, intimate development and connected to the trail. The traffic study determined there would be 19 cars exiting the site at peak hours. There is a bus stop at the end of the driveway that has three TCAT routes. In terms of density, the project proposes 5.5 dwelling units per acre and 68% green space. Directly adjacent to this property, the area is zoned to allow 11 units per acre and 60% green space. There is local precedent for development in this manner directly across the street and on the other side of Varna. Those two projects are very visible from the road. Supv Leifer announced no action would be taken tonight and the board would discuss it at the next agenda meeting. Presentation – Verizon Wireless A Verizon representative explained they are a proposing a 165’ tower at 2150 Dryden Road, the former RPM property near the George Road, Irish Settlement Road intersection. The application for a special use permit was submitted in February. It has been referred to Tompkins County Planning and is being reviewed by the town’s engineer, Taitem Engineering. The board scheduled the matter for a public hearing on June 16 at 7:05 p.m. NEW BUSINESS New York Health Act – Cl Cipolla-Dennis said in 2015 the town spent $683,210 on medical, dental and vision insurance and another $163,452 on workers compensation, which combined is 17% of the total expenditures for the entire town. This would be greatly reduced under the New York Health Act and would allow us to better plan and budget. Cl Lamb said this is a great idea and that yesterday he received a letter from his health insurance company stating they would be petitioning New York State for a 20% increase in premiums. While the Affordable Care Act increases access to care, this model would also reduce the cost. Resolution #94 (2016) - Supporting the New York Health Act TB 5-19-16 Page 14 of 20 Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, access to and the high cost of healthcare are a major concern for many New York State residents where more than 400,000 people remain uninsured even after the implementation of the Affordable Care Act i and, and WHEREAS, healthcare costs are a significant and unpredictable expense for businesses, especially small businesses. Businesses in New York spend two billion dollars annually just to administer health insurance benefits and are expected to rise by 18% by 2024 ii, and WHEREAS, the Town of Dryden spent $683,210 on medical, dental, and vision insurance in 2015, which is 17% of the Town’s total expenditures, and WHEREAS, a comprehensive study done by Professor Gerald Friedman, chair of the Economics Department at the University of Massachusetts at Amherst, shows t hat the New York Health Act would save a total of $45 billion a year (includes increasing coverage for underinsured residents and providing retraining services for displaced workers), and WHEREAS, according to that same study, 98% of New Yorkers and busine sses will pay significantly less for healthcare than they currently do if the New York Health Act is implemented, and WHEREAS, Senator Perkins and Assemblyman Gottfried have introduced the New York Health Act, A.5062iii (Gottfried) / S.35253 (Perkins), which would establish a comprehensive universal health insurance program for all New Yorkers, with access to medical services and providers of their choice, without regard to age, income, health, or employment status and would impact both individual health outcomes and public health outcomes, and WHEREAS, the implementation of New York Health would generate savings for all New Yorkers by replacing the complicated, costly, and often chaotic claims procedure currently employed by thousands of public and private insurance providers with a simple consistent processiv, and WHEREAS, New York Health will replace the current multi-payer system of employer- based insurance, individually-acquired insurance, and federally sponsored programs (e.g. Medicare and Medicaid) with a single-billing system funded by progressively-graduated assessments collected by the State and based on ability to pay, and WHEREAS, New York Health will be publically financed by two assessments v based on ability to pay (a progressively graduated state payroll tax similar to the Medicare tax on payroll and self-employment income, and a surcharge on non-employment income (e.g. interest, dividends, capital gains), WHEREAS, New York Health will reduce billing expenses, administrative waste, monopolistic pricing of drugs and medical devices, and fraud, overall health care spending would be reduced by 15 percent or $45 billion per year by 2019 2, and WHEREAS, New York Health will reduce healthcare costs for government, public school districts, businesses, and individuals in New York State, eliminate the “local share” funding of Medicaid that has been such a financial burden for property taxpayers, and eliminate out -of- pocket expenses, insurance premiums, insurance co-pays, and deductibles, and WHEREAS, New York Health would expand the network of providers to ensure continuity of care, and include a more comprehensive health care benefits package that includes preventive care, primary care, specialist, hospital care, rehabilitation care, occupational therapy, physical therapy, mental health care, dental care, vision and hearing care, reproductive health care, prescription drugs, and medical supplies/devices [a requirement for the development of a long -term care financing and benefits plan is included in the proposed legislation], and TB 5-19-16 Page 15 of 20 WHEREAS, New York Health would save enough in unnecessary costs to pay for the costs of universal health care coverage for all, extending coverage to all the uninsured and underinsured for basic necessary medical care, and would provi de a more comprehensive benefits package at significantly less cost than the one offered through recent federal legislation, now therefore be it RESOLVED, that the Dryden Town Board supports adoption of the New York Health Act, A.5062 Gottfried)/S.3525 (Perkins), and further be it RESOLVED, that the Dryden Town Board urges the New York State Legislature and the Governor to recognize the widespread support for a new public approach, understand there is no stronger measure New York could take to cut our property taxes than to pass this bill into law, and take the opportunity to accomplish this major and long -needed reform, RESOLVED, further, That the Town Clerk send copies to Governor Andrew Cuomo; Senators John Flanagan, Jeffrey Klein, Kemp Hannon, Andrea Stewart-Cousins, James Seward, Michael Nozzolio, and Tom O’Mara; and Assembly Representatives Carl Heastie, Richard Gottfried, and Barbara Lifton. 2nd Cl Cipolla-Dennis Roll Call Vote Cl Lavine Yes Cl Cipolla-Dennis Yes Cl Lamb Yes Supv Leifer Yes Community Grant Recommendations Board members have received and reviewed the recommendations from the Recreation Director. Every organization that applied received something. Supv Leifer commented that the library already gets $14,000 from our budget, so that should perhaps be taken into consideration when reviewing the applications. S Mulinos suggested the board could make a directive that a program provider already gets funding from the town they would be ineligible. RESOLUTION #95 (2016) – AWARD COMMUNITY GRANT FUNDS Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the following community grant awards as recommended by the Recreation & Youth Commission: Dryden United Methodist Church – Community Dinners $ 700.00 Dryden Town Historical Association – Fall Heritage Day 850.00 Varna Community Association – Family Events in Varna 850.00 Ellis Hollow Community Center – Movie under the stars 300.00 Dryden Community Café – Free music Fridays 875.00 Fire Academy – two sessions – ages 8-12 and 12-16 1,800.00 Southworth Library – Dan the Snakeman Event 300.00 2nd Cl Lamb Roll Call Vote Cl Lavine Yes Cl Cipolla-Dennis Yes Cl Lamb Yes TB 5-19-16 Page 16 of 20 Supv Leifer Yes Rail to Trail Task Force The board has received recommendations for individuals for appointment to the Rail to Trail Task Force. Bob Beck would also like the town board to delegate the authority to negotiate the terms and conditions of easements. They would use a template, but if there were any modifications they would like authority to negotiate on behalf of the board. Final approval would be the town board. RESOLUTION #96 (2016) – APPOINT MEMBERS OF THE RAIL TRAIL TASK FORCE Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby appoints the following individuals to the Rail to Trail Task Force: From the four town boards/commissions: John Kiefer (Planning Board, David Bravo - Cullen (Recreation & Youth Commission), Evan Carpenter (Ag Committee), Bob Beck (Conservation Board); and From the community: Todd Bittner, David Fogel, Alice Walsh Green, Nancy Kleinrock, Rick Kugler, Bruno Schickel, and Chris Tessaglia -Hymes. 2nd Cl Lamb Roll Call Vote Cl Lavine Yes Cl Cipolla-Dennis Yes Cl Lamb Yes Supv Leifer Yes RESOLUTION #97 (2016) – AUTHORIZE RAIL TRAIL TASK FORCE MEMBERS TO NEGOTIATE EASEMENT TERMS Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes members of the Rail Trail Task Force to negotiate terms and conditions of easements to secure access to property to build a trail with the understanding that final approval will be determined by the Town Board. 2nd Cl Lamb Roll Call Vote Cl Lavine Yes Cl Cipolla-Dennis Yes Cl Lamb Yes Supv Leifer Yes IAWWTP Supv Leifer said the board received this resolution a few months ago with respect to a project that will enhance the energy production of the facility. Total cost of the project is $159,000 of which the town’s portion is $3,148.20. RESOLUTION #98 (2016) - Funding for Engineering Services Agreement for Mechanical Thickening, Grit Removal and Administration Building Improvements Design Study TB 5-19-16 Page 17 of 20 Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, the Ithaca Area Wastewater Treatment Plant requires constant upgrading to meet the rigorous water quality and clean energy standards embodied in its long range planning goals, and WHEREAS, upon review of the findings from the March 2016 Primary Treatment and Anaerobic Digester Improvements Feasibility Study, and WHEREAS, results of said study and past longterm planning studies supplied staff with information leading to the conclusion that the next phase of improvements should include mechanical thickening of organic solids prior to anaerobic digestion, replacing existing grit removal technology and improving the administration building, and WHEREAS, GHD Engineers has submitted a proposal for performing the design study for an amount not to exceed $159,000, and WHEREAS, the funding supplied by this resolution will be placed in accounts for Capital Project 420J, and Therefore be it RESOLVED, that the SJC hereby recommends an amount not to exceed $159,000 to fund the proposed agreement with GHD Engineers set to expire December 31, 2016, authorizing funds from Capital Reserve Account and establishing CP 420J and be it further RESOLVED, That SJC hereby recommends this CP420J contingent upon action by all wastewater partners and their respective attorneys committing their percentage of reimbursement shares to the Joint Activity Fund allocated per the Joint Sewer Agreement as follows: Municipality Percentage Project Cost City of Ithaca 57.14 $90,852.60 Town of Ithaca 40.88 64,999.20 Town of Dryden 1.98 3,148.20 $159,000.00 2nd Cl Cipolla-Dennis Roll Call Vote Cl Lavine Yes Cl Cipolla-Dennis Yes Cl Lamb Yes Supv Leifer Yes Red Mill Road Bridge Replacement The board reviewed the short EAF for the replacement of the Red Mill Road Bridge. R Burger explained that the bridge has been closed for over ten years and traffic diverted to the Malloryville Road Bridge. The former single lane bridge will be replaced with a two-lane bridge. The old bridge is a historic structure that will be relocated and reused. It will temporarily be stored behind the town barn. The lead paint will need to be removed and the decking replaced. TB 5-19-16 Page 18 of 20 Resolution No. 99 (2016) - SEQR: Approve Municipal Agreement Between the County of Tompkins and the Town of Dryden Regarding Design and Reconstruction of Red Mill Road Bridge over Fall Creek and West Malloryville Road Bridge over Fall Creek Supv Leifer offered the following resolution and asked for its adoption: Whereas, this action is the approval of a Municipal Agreement Between the County of Tompkins and the Town of Dryden Regarding Design and Reconstruction of Red Mill Road Bridge over Fall Creek and West Malloryville Road Bridge over Fall Creek; and Whereas, the maintenance and repair of the West Malloryville Road Bridge is a Type II action exempted from SEQR review; and Whereas, the reconstruction of Red Mill Road Bridge is an Unlisted Action for which the Town of Dryden Town Board is acting as Lead Agency in an uncoordinated environmental review with respect to the approval of this Municipal Agreement; and Whereas, the Town Board, at its regular meeting held on May 19, 2016, has reviewed and accepted as adequate the Short Environmental Assessment Form (EAF), Parts 1,2 and 3, for this action, prepared by the Town Planning staff; Now, Therefore, Be It Resolved, that the Town of Dryden Town Board hereby makes a negative determination of environmental significance in accordance with Article 8 of the Environmental Conservation Law, 6 NYCRR Part 617 New York State Environmental Quality Review, and Chapter 148 Environmental Quality Review of the Town of Ithaca Code for the above-referenced action as proposed, based on the information in the EAF Part 1 and for the reasons set forth in the EAF Parts 2 and 3, and, therefore, a Draft Environmental Impact Statement will not be required. 2nd Cl Cipolla-Dennis Roll Call Vote Cl Lavine Yes Cl Cipolla-Dennis Yes Cl Lamb Yes Supv Leifer Yes RESOLUTION #100 (2016) – AUTHORIZE SUPERVISOR TO SIGN AGREEMENT – RED MILL ROAD BRIDGE & WEST MALLORYVILLE ROAD BRIDGE Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the Municipal Agreement between the County of Tompkins and the Town of Dryden Regarding Design and Reconstruction of Red Mill Road Bridge over Fall Creek (BIN 3209790) and West Malloryville Road Bridge over Fall Creek (BIN 3209780), and the Town Supervisor is hereby authorized to execute the same. 2nd Cl Lamb Roll Call Vote Cl Lavine Yes Cl Cipolla-Dennis Yes Cl Lamb Yes Supv Leifer Yes NYSERDA Public Officials Solar Workshop TB 5-19-16 Page 19 of 20 Supv Leifer announced this will be held June 28 or June 29. He will provide the board members with information. Cl Lavine said it has been brought to her attention that we have a similar situation with solar as we did with fracking in that solar companies have been making terrible deals wi th farmers. She asked whether the Ag Committee is doing anything about that. Cl Leifer will make the Ag Committee aware of what he has learned. Drinking Water Survey Advertising Supv Leifer said we have placed a link on our website for the drinking w ater survey that is being conducted and asked the board for approval to place a couple of ads to direct residents to complete the survey. RESOLUTION #101 (2016) – AUTHORIZE ADS FOR WATER SURVEY Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the expense of a couple of ads in to advertise the water survey being conducted and encouraging residents to complete the survey. 2nd Cl Cipolla-Dennis Roll Call Vote Cl Lavine Yes Cl Cipolla-Dennis Yes Cl Lamb Yes Supv Leifer Yes Committee Assignments Postponed until a board appointment is made. Pinckney Road Supv Leifer said a resident has come forward who wants to assume the Town’s purchase contract. We can assign the contract (which is effective until June 1) to someone else. Glenn Swan has stepped forward and is ready pay cash. The realtor has said the seller will accept the assignment. G Swan wants to preserve the property as it is and wants to allow the trail. It won’t come off the tax rolls. He is interested in the stream protection and the Finger Lakes Land Trust will get involved with that. RESOLUTION #102 (2016) – ASSIGN PINCKNEY ROAD CONTRACT Supv Leifer offered the following resolution and asked for it s adoption: RESOLVED, that this Town Board hereby assigns the purchase contract with Jean Hoag for property on Pinckney Road to Glenn Swan and authorizes the Town Supervisor to execute any necessary documents. 2nd Cl Cipolla-Dennis Roll Call Vote Cl Lavine Yes TB 5-19-16 Page 20 of 20 Cl Cipolla-Dennis Yes Cl Lamb Yes Supv Leifer Yes Supv Leifer explained that the highway buildings are served by natural gas and billed through MEGA. He’s found a company, Blue Rock out of Buffalo, that will give us a better price, so he will be changing that. There being no further business, on motion made, seconded and unanimously carried, the meeting was adjourned at 10:54 p.m. Transcribed from recording. Respectfully submitted, Bambi L. Avery Town Clerk i Census Bureau data September 2015 ii Friedman, April 2015, Economic Analysis of the New York Health Act, http://www.infoshare.org/main/Economic_Analysis_New_York_Health_Act_-_GFriedman_-_April_2015.pdf iii Gottfried, A05062, February 2015, New York State Assembly, 2015-2016 Session iv Perkins, S02525, February 2015, New York State Senate, 2015-2016 Regular Session v Campaign For New York Health, Overview of Prof. Friedman’s report on the economic analysis of the New York Health Act. https://d3n8a8pro7vhmx.cloudfront.net/pnhpnymetro/pages/139/attachments/original/1431621788/One - pager_on_Friedman_Report.pdf?1431621788