HomeMy WebLinkAbout2016-12-15TB 12-15-16
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TOWN OF DRYDEN
TOWN BOARD MEETING
December 15, 2016
Present: Supervisor Jason Leifer, Cl Daniel Lamb, Cl Linda Lavine,
Cl Deborah Cipolla-Dennis, Cl Kathrin Servoss
Elected Officials: Bambi L. Avery, Town Clerk
Other Town Staff: Ray Burger, Director of Planning
Jack Davison, Recreation Assistant
Supv Leifer called the meeting to order at 7:00 p.m. and board members and audience
participated in the pledge of allegiance.
TOWN CLERK
RESOLUTION #196 (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 November
10, 2016, and November 17, 2016.
2nd Cl Lamb
Roll Call Vote Cl Lavine Yes
Cl Cipolla-Dennis Yes
Cl Servoss Yes
Cl Lamb Yes
Supv Leifer Yes
CITIZENS PRIVILEGE
None
RECREATION DEPARTMENT
Jack Davison reported that winter programs are going well. Wrestling starts in January
and they are setting up a wrestling tournament that includes six teams at this point. The
basketball tournament will be January 7 and 8 with nine different towns represented. Spring
programs will include youth lacrosse and track, and softball for adults. They are hoping to
bring back the kickball league that happened three years ago.
J Davison sent out a survey via email and facebook to get feedback on what residents
expect and are looking for from the recreation department. They’ve had 101 responses to date.
There is a call for more programming for adults. A lot of people want a recreation facility.
There were requests for volleyball for kids, fitness programs for all ages, outdoor sportsman
activities, swim lessons or open swim, music, drama and arts programs for kids, summer
camps and non-sport related adult programs. They’d like to finish the fit trail and incorporate
a program with it to be sure it gets utilized. There were also requests for gardening, carpentry,
other hobby-related programs, social events for kids in middle school, and family
programming. There were a lot of requests for day trips (music, art-related, and things that
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could be done at local museums) and expanding of the martial arts program to adults. So it
seems adult and community activities need to be increased. The Rec Dept can do things that
create community glue to bring people together.
The survey is still open and J Davison said he will reach out and try to get participation
from other local groups and organizations.
Cl Lavine asked that he also put out a call for volunteers when contacting other groups.
J Davison asked for ideas on how to expand our advertising base. Cl Servoss noted that these
results go right along with the three others done since 2006. Jennifer had been working on
adding adult programming, but it takes time. J Davison said he is also trying to determine
what times work best for people for programming.
They are talking with Aaron Newman of Iron Mind about a fitness program. J Davison
noted he would also like to talk with the school about being able to utilizing those spaces more
for our programs.
PUBLIC HEARING
COMPREHENSIVE PLAN AMENDMENT REGARDING SOLAR ENERGY
AND ZONING LAW AMENDMENT WITH RESPECT TO SOLAR ENERGY
Supv Leifer opened the public hearings at 7:15 p.m.
Ray Burger explained the comprehensive plan amendments will be two insertions to
acknowledge a community desire for expanded options for solar energy generation. The 239
review from the County finds no negative intercommunity effects.
Two representatives from Distributed Sun, Bharath Srinivasan, Senior Vice-President of
operations, and Chet Feldman, spoke with the board via the internet. The company was
formed in 2009 and has operating solar facilities in 9 US states . They have been working in
New York for the past four years. They have a facility near the Tompkins County Airport as
well as six others. They are proposing two projects in the town of Dryden.
2150 Dryden Road (the former RPM tree farm property) - This not prime ag land, and
they will be leasing the property (a 35 year lease). No arrays will be visible from Route 13. They
may be visible from George Road and they will install a buffer if necessary. The arrays are not
on a concrete foundation. The posts will be driven into the ground which makes them easy to
disassemble. They will be submitting a site plan, stormwater plan and all forms necessary for
full site plan review.
The second project is located between Dodge Road, Turkey Hill Road, Mt Pleasant to the
north and Ellis Hollow Road to the south, along the border with the town of Ithaca. There will
be a few arrays between Mt Pleasant Road and Stevenson Road. There will be some arrays
between Dodge Road and Turkey Hill Road. Distributed Sun understands Turkey Hill is a
scenic drive and they don’t intend to affect the view. Where it is visible there will be a buffer.
They will minimize tree removal. Again there will be driven foundations. There will be more
arrays south of Stevenson Road.
This project would upgrade the circuit all the way back to the substation at Maple
Avenue in Ithaca. They would like to begin constructing the systems beginning April 1. Once
the local law is in place they intend to submit applications for both projects.
Joe Wilson – said he is not addressing these specific projects, but is glad to see them
moving forward.
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With respect to the proposed changes to the comprehensive plan and the proposed solar
law he said there is a strong consensus based on the various community groups he belongs to
that increasing opportunities for development of renewable sources of energy, particularly solar
and wind, is broadly supported. Other towns are ahead of us with regard to allowing,
supporting and siting large solar installations. This is timely and can lead to community
aggregation of solar energy that could well serve a number of residents of the town. It would
provide them with a predictable basis for their utility charges and probably a decrease in their
charges. The recent decision by OPEC and other allied countries to cut back on production of
fossil fuels might increase the cost of heating by fossil fuels, so providing opportunities for
renewable source energy is a good thing. The creation of more solar opportunities is consistent
with both the state and county goals, and we recently learned that NYS is falling behind in our
reduction of greenhouse gasses and we are increasing use of fossil fuels all to the detriment of
our environment. The review by County Planning of its 2008 inventory of greenhouse gas
emissions and fossil fuel use established that the county is also falling behind, not gaining
toward its 2050 goals of a 50% reduction. He believes that changing the comprehensive plan
and adopting the solar law will be a spur to tur ning the corner in the county and help us turn
the corner in the state toward more renewables, less greenhouse gas emissions and better rates
for our residents.
Linda Parks, 115 W Dryden Road, said she supports the board working on these
increased opportunities for solar and wind energy in our community so that we can move
toward more alternative sources of energy.
Buzz Dolph said he hopes to provide sustainable affordable housing as a developer in
the town and hopes to include offsite solar opportunities for people to buy into to offset their
energy use. He strongly hopes this gets passed.
Don Scutt said the board is doing a good job of encouraging development of industry in
the town. He sees it as a great source of revenue for the town. As a negative, he doesn’t like
spot zoning or changing laws to favor one industry over another. He would like to see all
industry reviewed, light industrial, etc. to encourage development. The end goal should be to
increase revenue. He doesn’t understand the goal here. Is it to lower the carbon footprint
and/or increase tax revenue? It would be beneficial to the public to know the purpose.
He asked what the projected revenue through solar expansion in the town and changing
this law is over the next 5, 10, and 15 years. Supv Leifer said he didn’t have an answer at this
point. PILOTS will be negotiated with the different developers. He explained the companies
have upfront costs and can predict revenue if done with a PILOT vs fluctuating tax rates. D
Scutt said the school’s intent is to tax this project at the full rate. Cl Lamb said in this
instance the board is responding to a state law.
When asked what the timeline for these projects was, Distributed Sun said they want to
complete construction by October 31, 2017. They estimate these projects will create 200 to 250
jobs locally and another 100 nationwide.
The expected tax revenue for town and school districts has not yet been determined,
and the company has not yet had to negotiate PILOTS in New York because those that were
built were tax exempt. They are still working to determine the costs of both projects and once
they have, could possible project tax revenue. There are no estimates at this time.
The projects are being built as community systems. Any customer in NYSEG’s Zone C
can buy electricity at a discount. That area runs basically from the middle of Cayuga Lake to
the Pennsylvania border.
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Brush on the site will be maintained by allowing local sheep farmers to graze their
sheep in the fenced area. Normally it takes about 2-3 sheep per acre. They have not had to
use chemicals or mow the site at the airport because it is being grazed. There is no charge to
the farmers because there is a mutual benefit.
These projects are not contingent on any state funding though they hope to receive an
award from the New York Sun program.
The project site on Turkey Hill Road will not affect the rail trail from Game Farm Road.
Site lines are minimal to the trail and they will be maintaining the tree lines. The hookup to the
Maple Road station will not be along the trail. The trail will not impact them and they will not
impact the trail.
It was noted that the project on Turkey Hill Road is on Cornell land that is tax exempt,
so a PILOT would generate taxes. Supv Leifer said by passing this solar law, we’ll be able to
provide lower rates for residents, local jobs for construction and maintenance, and a PILOT on
land that didn’t generate revenue before. We are doing what we can to de velop a green
economic machine. This will benefit the ag community by providing places to graze sheep free
of charge. This seems to ripple through more than just one industry.
D Scutt said it would help public if the board could figure out what the full taxable
value will be, what the town has in mind for a PILOT, and the difference in revenue from a
PILOT and full taxable value.
The board will not vote on these matters tonight. The Planning Board will be reviewing it
again and this board will consider their comments. The public hearing will be left open and
continued in January.
PUBLIC HEARING
SUBDIVISION LAW AND ZONING LAW AMENDMENTS
Supv Leifer opened the public hearing at 8:06 p.m. R Burger explained these
amendments will extend the cluster subdivision (currently allowed in the Conservation, Rural
Residential and Rural Agricultural Districts) regulations to apply to the Varna Hamlet Districts.
There were no comments and the hearing was left open.
PUBLIC HEARING
ACCEPTANCE OF TRAIL EASEMENTS
Supv Leifer opened the public hearing at 8:08 p.m. There are eight signed easements
for portions of the rail trail between Game Farm Road and Route 13. R Burger said this first
three miles of trail needs 17 easements and they have eight in hand presently. This hearing is
for approving the first package. They hope to hear on the grant application to the Trans-
portation Alternatives Program in January. They have been laying the groundwork by securing
these easements, and the initial response has been favorable. The board has a SEQR packet
on the project. It is a well used social trail as it is - an old railroad bed. It is a somewhat
impervious surface so there will be no increase to that. There would be erosion and sediment
control during construction for any potential runoff. All documents are available on the
website.
Bob Beck shared 8 comments from landowners who will be donating easements:
1) “It was a pleasure to meet you both the other day on my property to discuss the plans for t he trail. I like
the idea very much.”
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2) “I am very much in favor of the trail and very willing to consider giving an easement.”
3) “I believe strongly that the development of the trail project is a good thing for the Town of Dryden, its
immediate neighbors, and the larger community.”
4) “Thank you so much for your volunteered time & dedication to making this happen. As
homeowners along the trail we are excited to be a part of it.”
5) “Thank you for all your efforts and for keeping us updated about all the progress on this project.”
6) “I admire the wonderful work that is being done by you and the members. I definitely support your goal.”
7) “Thank you very much for keeping me posted & up to date… Can't wait to use the trail, hopefully soon…
Thank you for all your work for the trails.”
8) “It is so wonderful for our kids to be able to walk out of our back door and be able to explore the
[rail trail] and woods behind our house. It more than made up for the house being close to the road
and helped sway us to make the decision to purchase our home. It’s my belief that the trail adds to
the value of our property.
We are all for expanding the trail, so we can use even more of it in the future. We love hiking on the
path and meeting our neighbors who also use the trails. It would be so amazing for us to be able to
walk or ride our bikes all the way downtown using just the rail-trail with no road traffic!”
He believes they have 80% of the trail secured and need the Game Farm area. If they get
that, they will have phase one covered. They are also working on the rest of the trail all the
way to the Village of Dryden.
D Lamb said this is an important milestone in this project. They have momentum and
people wanting to join the committee. This project will mean a lot for the town of Dryden. It is
an ongoing, long-term effort.
D Scutt said this sounds great. It could be done in 6 months or 25 years. There are
some portions that don’t benefit the public or the taxpayers of the town of Dryden. He asked if
the taxes of the landowner would be reduced. The short answer is no, but there could be a tax
deduction for property owners.
Supv Leifer closed the public hearing on Subdivision and Zoning Law amendments at
8:23 p.m. and the trail easement hearing at 8:24 p.m.
The board reviewed the long form environmental assessment document for the
Subdivision and Zoning Law amendments. These amendments are consistent with the hamlet
plan and will be effective in all Varna zoning districts.
RESOLUTION #189 (2016) – NEG SEQR DEC – SUBDIVISION LAW AND ZONING LAW
AMENDMENTS TO ALLOW CONSERVATION SUBDIVISIONS IN THE
VARNA ZONING DISTRICTS
Supv Leifer offered the following resolution and asked for its adoption:
WHEREAS,
A. The proposed action involves amending the Town of Dryden Subdivision Law and
Zoning Law to allow conservation subdivisions in the Varna zoning districts.
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B. The Town Board of the Town of Dryden elected to treat adoption of the proposed local
law as “Type 1” pursuant to the New York State Environmental Quality Review Act
(“SEQRA”) and is the lead agency for the purposes of uncoordinated environmental
review in connection with approval by the Town.
C. The Town Board of the Town of Dryden, in performing the lead agency function for its
independent and uncoordinated environmental review in accordance with Article 8 of
SEQRA, (i) thoroughly reviewed the Environmental Assessment Form (“EAF”), Parts I
and 2, and any and all other documents prepared and submitted with respect to this
proposed action and its environmental review, (ii) thoroughly analyzed the potential
relevant areas of environmental concern to determine if the proposed action may have a
significant adverse impact on the environment, including the criteria identified in 6
NYCRR §617.7(c), and (iii) completed the EAF, Part 3;
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Town Board of the Town of Dryden, based upon (i) its thorough review of the EAF, Parts
I and 2, and any and all other documents prepared and submitted with respect to this
proposed action and its environmental review, (ii) its thorough review of the potential relevant
areas of environmental concern to determine if the proposed action may have a significant
adverse impact on the environment, including the criteria identified in 6 NYCRR §617.7(c), and
(iii) its completion of the EAF, Part 3, including the findin gs noted thereon (which findings are
incorporated herein as if set forth at length), hereby makes a negative determination of
environmental significance (“Negative Declaration”) in accordance with SEQR for the above
referenced proposed action, and determines that an Environmental Impact Statement will not
be required, and
2. The Responsible Officer of the Town Board of the Town of Dryden is hereby authorized and
directed to complete and sign as required the determination of significance, confirming the
foregoing Negative Declaration, which fully completed and signed EAF and determination of
significance shall be incorporated by reference in this Resolution.
2nd Cl Cipolla-Dennis
Roll Call Vote Cl Lavine Yes
Cl Cipolla-Dennis Yes
Cl Servoss Yes
Cl Lamb Yes
Supv Leifer Yes
RESOLUTION #190 (2016) – ADOPTING LOCAL LAW #4 OF 2016 TO AMEND THE TOWN
OF DRYDEN SUBDIVISION LAW AND ZONING LAW TO ALLOW CONSERVATION
SUBDIVISIONS IN THE VARNA ZONING DISTRICTS
Supv Leifer offered the following resolution and asked for its adoption:
WHEREAS, the Town has the authority to adopt the local law referred to above
(hereafter “the Local Law”) pursuant to Article 9, §1 of the New York State Constitution and §10
of the New York State Municipal Home Rule Law; and
WHEREAS, the Town of Dryden Subdivision Law and Zoning Law (“the Laws”) currently
do not allow the use of conservation subdivisions in the Varna zoning districts; and
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WHEREAS, the Local Law is enacted to protect and promote the health, safety and
general welfare of present and future residents of the Town of Dryden. Regulation of density
and the protection of open space help to preserve the character of the Varna districts, pursuant
to the goals set forth in the Hamlet of Varna Community Development Plan adopted December
20, 2012; and
WHEREAS, the Local Law was drafted by the Planning Department, with input and
advice of the Attorneys for the Town, and was reviewed by the Planning Board; and
WHEREAS, at its meeting on November 10, 2016, the Town Board of the Town of Dryden
reviewed and discussed the proposed local law and adopted a resolution for a public hearing to
be held by said Town Board on December 15, 2016 at 7:30 p.m. to hear all interested parties
on the Local Law; and
WHEREAS, notice of said public hearing was duly advertised in the Ithaca Journal, and
WHEREAS, said public hearing was duly held on said date and time at the Town Hall of
the Town of Dryden and all parties in attendance were permitted an opportunity to speak on
behalf of or in opposition to said proposed local law, or any part thereof, and
WHEREAS, the Town Board elected to treat adoption of the proposed local law as “Type
1" pursuant to the New York State Environmental Quality Review Act (“SEQRA”) and its
implementing regulations at 6 NYCRR Part 617, for which the Town Board of the Town of
Dryden, acting as lead agency in an environmental review with respect to the adoption of this
local law, made a negative determination of environmental significance on December 15, 2016,
after having reviewed and accepted as adequate a Long Environmental Assessment Form Parts
1, 2 and 3 prepared by the Town’s Planning staff; and
WHEREAS, the Town Board finds that allowing the use of conservation subdivisions in
the Varna zoning districts furthers the health and welfare of the community and is in
accordance with the Varna Community Development Plan; and
WHEREAS, the Tompkins County Department of Planning reviewed the proposed local
law pursuant to sections 239-l and 239-m of the New York General Municipal Law and issued
a letter determination dated December 14, 2016, stating that the proposed local law does not
have negative inter-community or county-wide impacts. The determination includes a
comment; however, the comment does not require approval of the proposed local law by more
than a majority of the entire Town Board;
Now, therefore, be it
RESOLVED, that the Town Board of the Town of Dryden hereby adopts Local Law 4 of 2016
entitled “A Local Law to Amend the Town of Dryden Zoning Law and Subdivision Law to allow
conservation subdivisions in the Varna zoning districts”, and it is further
RESOLVED, that the Town Clerk is hereby authorized and directed to file said local law with
the Secretary of State as required by law.
2nd Cl Lamb
Roll Call Vote Cl Lavine Yes
Cl Cipolla-Dennis Yes
Cl Servoss Yes
Cl Lamb Yes
Supv Leifer Yes
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The board reviewed the SEQR document for the trail easement. R Burger explained this
is reuse of an existing rail bed. It is a somewhat impervious surface that will be potentially
improved with some stone dust. There might be some widening of the existing social trail, but
the impacts in all categories are small to none. There will be erosion and sediment control. The
SEQR considers the entire project (11.3 mile strip) and was treated as Type 1 action. SEQR
will not be necessary for future easements. In Part 2, number 18 was changed from yes to no.
RESOLUTION #191 (2016) - NEG SEQR DEC – TRAIL EASEMENT ACQUISITION
AUTHORIZATION
Supv Leifer offered the following resolution and asked for its adoption:
WHEREAS,
A. The proposed action involves the Town Board authorizing the acquisition of easements for
twelve (12) parcels for the purpose of creating an official Tow n recreational trail. The tax parcel
ID #’s are: 55.1-3, 54.-2-12, 54.-2-4, 55.-1-1, 54.-2-11, 55.-2-2.2, 53.-1-9.2, 53.-1-16, 56.-5-
19.2, 56.-5-31, 57.-1-6, and 52.-1-4.34, and
B. The proposed action also involves consideration of future trail easement a cquisitions and
future improvements to the proposed trail, and
C. Future improvements will result in construction activities disturbing more than 10 acres,
and
E. Construction activities disturbing more than 10 acres are Type I actions, and
G. The Town Board of the Town of Dryden, in performing the lead agency function for its
independent and uncoordinated environmental review in accordance with Article 8 of SEQRA,
(i) thoroughly reviewed the Environmental Assessment Form (“EAF”), Parts I and 2, and any
and all other documents prepared and submitted with respect to this proposed action and its
environmental review, (ii) thoroughly analyzed the potential relevant areas of environmental
concern to determine if the proposed action may have a significant a dverse impact on the
environment, including the criteria identified in 6 NYCRR §617.7(c), and (iii) completed the
EAF, Part 3;
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Town Board of the Town of Dryden, based upon (i) its thorough review of the EAF, Parts
I and 2, and any and all other documents prepared and submitted with respect to this
proposed action and future construction activities, and its environmental review, (ii) its
thorough review of the potential relevant areas of environmental concern to determine if the
proposed action may have a significant adverse impact on the environment, including the
criteria identified in 6 NYCRR §617.7(c), and (iii) its completion of the EAF, Part 3, including
the reasons noted thereon (which reasons are incorporated herein as if set forth at length),
hereby makes a negative determination of environmental significance (“Negative Declaration”)
in accordance with SEQR for the above referenced proposed action, and determines that an
Environmental Impact Statement will not be required, and
2. The Responsible Officer of the Town Board of the Town of Dryden is hereby authorized and
directed to complete and sign as required the determination of significance, confirming the
foregoing Negative Declaration, which fully completed and signed EAF and determination of
significance shall be incorporated by reference in this Resolution.
2nd Cl Lamb
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Roll Call Vote Cl Lavine Yes
Cl Cipolla-Dennis Yes
Cl Servoss Yes
Cl Lamb Yes
Supv Leifer Yes
Supv Leifer said the purpose of these easements is to start assembling the rail trail
which will be for recreation and transportation and he believes it will also be a tourist
attraction. It will connect the villages to the town of Ithaca and should help increase busi ness
for local restaurants.
RESOLUTION #192 (2016) – AUTHORIZING ACQUISITION OF EASEMENTS FOR THE
PURPOSES OF PROVIDING RECREATION OPPORTUNITIES TO THE PUBLIC
Supv Leifer offered the following resolution and asked for its adoption.
WHEREAS, the 2005 Town of Dryden Comprehensive Plan and the 2011 Recreation
Master Plan both identified a need for increased outdoor leisure and recreational space; and
WHEREAS, the Town wishes to create a recreational trail (“the Trail”) for non -vehicular
use by the public within abandoned railroad property; and
WHEREAS, the property owners listed in the attachment hereto entitled “Trail
Easement Agreements Town of Dryden” (“the Property List”) wish to grant to the Town
easements (“the Trail Easements”) across those portions of the parcels they own consisting of
abandoned railroad property (“the Easement Areas”) for the Trail; and
WHEREAS, the property owners agreed to grant the easements to the Town for nominal
consideration, and the Town will not have to expend funds to acquire the easements; and
WHEREAS, such property owners executed proposed agreements with the Town (“the
Trail Easement Agreements”); and
WHEREAS, the Town wishes to accept the Trail Easements; and
WHEREAS, §247(3) of the General Municipal Law provides that the acquisition of
interests or rights in real property, including by easement, for the preservation of open spaces
is a public purpose and that such acquisition requires a public hearing subject to due notice;
and
WHEREAS, a public hearing on the proposed acquisition of the Trail Easements was
held on December 15, 2016 at 7:00 p.m. at the Town Hall of the Town of Dryden, 93 East Main
Street, Dryden, New York 13053, and notice of such public hearing was duly given by posting
at the Town Hall and publication in The Ithaca Journal on December 5, 2016; and
WHEREAS, the Town Board on December 15, 2016 issued a negative declaration under
Article 8 of the Environmental Conservation Law and Regulations adopted pursuant thereto by
the Department of Environmental Conservation of the State (collectively, “SEQR”) with respect
to acceptance of the Trail Easements;
NOW, THEREFORE, BE IT
RESOLVED that the Town Board finds that the acceptance of the Trail Easements and
execution and recording of the Trail Easement Agreements in the form attached hereto is in the
public interest; and be it further
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RESOLVED that the Town Board finds that the Easement Areas are suitable for a
recreational trail; and be it further
RESOLVED that the Town Board approves the Trail Easement Agreements and
authorizes the Town Supervisor to execute them and any and all related documents required
for recording of such Agreements.
2nd Cl Lamb
Roll Call Vote Cl Lavine Yes
Cl Cipolla-Dennis Yes
Cl Servoss Yes
Cl Lamb Yes
Supv Leifer Yes
Supv Leifer explained that the Verizon Tower public hearing has again been postponed.
Because the tower location was moved, a new SHPO review is necessary.
PUBLIC HEARING
CLARITY CONNECT SPECIAL USE PERMIT AMENDMENT
639 MIDLINE ROAD
Supv Leifer opened the public hearing at 8:43 p.m. R Burger explained that when the
special use permit was approved in 2011, the site plan showed a fence around the tower. The
tower is located about 300-400’ back from the road and away from any residence. They would
like to remove the fencing requirement from site plan.
Applicant Chuck Bartosch explained they had not requested a waiver of the fence
requirement originally because they didn’t expect it to be an issue. The property owner, Paul
Lutwak, refuses to allow a fence and has sent a letter to the town to that effect. It is an
isolated location near the middle of a 139 acre parcel. There is basically no access. The tower
base is not visible or accessible by any neighboring property. Applicant is willing to sign an
indemnification agreement for the town.
There was no public comment.
HIGHWAY/DPW DEPARTMENT
No report. Supv Leifer noted he knew they were busy working on a water main break on
Freese Road today.
PLANNING DEPARTMENT
R Burger submitted his report last week. About 100 people attended the open house for
the South Hill Rec Way extension at the Coddington Community Center on November 27.
About 10% of those attending were adjacent landowners who object to the trail because of loss
of privacy and a concern over actual title to the real property. NYSEG claims they have clear
title and there are indications of that. There was dialog between trail advocates and the
adjacent property owners trying to understand each other’s positions. This project will come
before this board in the spring for a resolution to support the endeavor and to approve a
Memorandum of Understanding between the four towns for maintenance of the extension of
this trail. The question of ownership of the real property will be resolved by the county. Supv
Leifer said we will need an estimate for the maintenance costs.
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COUNTY BRIEFING
Martha Robertson reported that the Housing Summit was well attended. The slide
presentations can be found at Housingtompkins.com and videos can be found on their
Facebook page. There will be a planning group meeting next week to decide what the follow up
initiatives are.
The Planning Department will be working on a housing strategy and she expects there
may be a draft available in February or March. The annual need has been identified as 530
units of housing annually. Ownership units are needed at a cost of $250,000 or less and they
have been told that is impossible to build in this market, so there are some real gaps.
The county legislature voted on the construction bids for the Red Mill Road Bridge and
Malloryville Road Bridge. Red Mill will be constructed first and then Malloryville will be
refurbished. The bid came in at 1.4 million and the town will pay 20%. There was a neighbor
concerned about the amount of seasonal traffic. County Highway will work with her to mitigate
the impact.
M Robertson said she attended the annual meeting of the Varna Community
Association. There was discussion of their new after school program that is doing very well
with 20 children enrolled. They have space for 40 and also provide care for pre-K children and
for vacation times. This program maximizes use of the building and the teachers are paid a
living wage.
The County received a payment for the casino in Tyre and will be getting one for Tioga
Downs. It helped them pay off a settlement for a compliance issue with the state, which was a
one-time expense. They are waiting to see what the annual amounts will be. Supv Leifer asked
if there was any talk of using it toward housing issues, families in crisis, and that sort of thing.
M Robertson said from a budget point of view, there seems to be a real drop in sales tax
revenues and it may be an issue going forward no matter what. A revenue source from the
casinos may offset that. She understands the need for housing for people coming out of rehab,
re-entry and mental health situations. They are looking at housing as a critical way to reduce
recidivism.
Cl Lamb asked if the analysis from the summit will result in a map of targeted areas for
housing and what type of housing should be in those areas. M Robertson said they are doing
that while looking at zoning and comprehensive plans in each municipality, as well as available
infrastructure. There are a lot of things to consider. One thing that came out of the summit is
that it is complicated to build. There are a lot of regulations and requests from municipalities
that can make a project not so attractive for a developer.
CLARITY CONNECT
Supv Leifer closed the public hearing for Clarity Connect at 9:10 p.m. The board
reviewed the SEQR document affirming the initial declarati on and the resolution amending the
special use permit amendment.
RESOLUTION #192 (2016) - NEG SEQR DEC – Clarity Connect, Inc. Special Use Permit
Amendment 639 Midline Road, Tax Parcel ID #64.-1-29
Supv Leifer offered the following resolution and asked for its adoption:
WHEREAS,
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A. The proposed action involves consideration of the application of Clarity Connect,
Inc., hereafter referred to as Clarity Connect, for an amendment to its Special Use Permit to
allow the omission of a security fence around the perimeter of a cell tower on property at 639
Midline Road, tax map parcel #64.-1-29.
B. The proposed action is an Unlisted Action for which the Town Board of the Town
of Dryden is the lead agency for the purposes of uncoordinated environmental review in
connection with approval by the Town.
C. The Town Board of the Town of Dryden, in performing the lead agency function
for its independent and uncoordinated environmental review in accordance with Article 8 of the
New York State Environmental Conservation Law - the State Environmental Quality Review Act
“(SEQR), (i) thoroughly reviewed and accepted the March 22, 2011 findings of the 2011 Dryden
Town Board regarding Clarity Connect’s EAF submission, and any and all other doc uments
prepared and submitted with respect to this proposed action and its environmental review, (ii)
thoroughly analyzed the potential relevant areas of environmental concern to determine if the
proposed action may have a significant adverse impact on the environment, including the
criteria identified in 6 NYCRR §617.7(c), and (iii) completed the short EAF, Part II;
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Town Board of the Town of Dryden, based upon (i) its thorough review of the
short EAF, Part I, and any and all other documents prepared and submitted with respect to
this proposed action and its environmental review, (ii) its thorough review of the potential
relevant areas of environmental concern to determine if the proposed action may have a
significant adverse impact on the environment, including the criteria identified in 6 NYCRR
§617.7(c), and (iii) its completion of the short EAF, Part II, including the findings noted thereon
(which findings are incorporated herein as if set forth at length), hereby makes a negative
determination of environmental significance (“Negative Declaration”) in accordance with SEQR
for the above referenced proposed action, and determines that neither a full Environmental
Assessment Form, nor an Environmental Impact Statement will be required, and
2. The Responsible Officer of the Town Board of the Town of Dryden is hereby
authorized and directed to complete and sign as required the determination of significance,
confirming the foregoing Negative Declaration, which fully com pleted and signed short EAF and
determination of significance shall be incorporated by reference in this Resolution.
2nd Cl Cipolla-Dennis
Roll Call Vote Cl Lavine Yes
Cl Cipolla-Dennis Yes
Cl Servoss Yes
Cl Lamb Yes
Supv Leifer Yes
Supv Leifer noted that the amendment is conditioned on Clarity holding harmless and
indemnifying the town from any claims.
RESOLUTION #194 (2016) – Approve Clarity Connect, Inc. Telecommunications Special
Use Permit/Site Plan Amendment
639 Midline Road, Tax Parcel ID #64.-1-29
Supv Leifer offered the following resolution and asked for its adoption:
WHEREAS,
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A. Section 11 of Local Law #2-2006, the Town of Dryden Telecommunications Tower Siting
Law (the law) requires that towers and other supporting structures, including guy wires,
be made inaccessible; and
B. Clarity Connect, Inc., hereafter referred to as Clarity Connect, has submitted a written
request for relief or exemption from the provisions of Section 11 for a tower located at
639 Midline Road, tax map parcel # 64.-1-29; and,
C. Section 29 of the law allows a Telecommunications Special Permit holder to request
relief from provisions of the law; and
D. Clarity Connect has, to the extent practicable, provided required information set forth in
Section 18, paragraphs E, F and A of the Town Telecommunications Law; and
E. Clarity Connect has demonstrated the need for relief from the requirements of Section
11; and
F. For the purpose of 239 review, the Tompkins County Planning Department stands with
its original 239 determination - that there are no negative inter-community or county-
wide impacts; and
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
The Town Board hereby approves Clarity Connect’s request for relief from Section 11 of the law
and amends Clarity Connects Special Use Permit to reflect said relief conditioned on the
following: Clarity Connect, Inc. shall hold harmless and indemnify the Town of Dryden from
and against any claim, penalty, loss, damage, charge, liability or expense (including, without
limitation, reasonable attorney’s fees, both at trial and on any appeal or up to any settlement),
threatened, sustained or incurred by reason of, directly or indirectly, the death or loss of or
damage or injury to person or property resulting from or caused by or clai med to have resulted
from or been caused as a result one or more persons or entities gaining access to the
telecommunications tower referred to in this Resolution, and/or any antennas and other
supporting structures for such tower, including guy wires.
2nd Cl Lamb
Roll Call Vote Cl Lavine Yes
Cl Cipolla-Dennis Yes
Cl Servoss Yes
Cl Lamb Yes
Supv Leifer Yes
ADVISORY BOARD UPDATES
Planning Board – The Comprehensive Plan and Solar law were the big things they been
working on. At their next meeting the Tiny Timbers plat review will be considered under the
new subdivision law and there will be an initial sketch presentation for subdividing the golf
course property. Supv Leifer asked that the agendas for Planning Board meetings be posted on
the website.
Conservation Board – Members are writing, editing and revising various chapters for
the natural resources conservation plan and that is moving forward. They hope to have it
ready in the next month or two.
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Rail Trail Task Force – Is continuing their work securing easements.
Recreation & Youth Commission – Cl Servoss reported the search committee held its
first meeting on Tuesday and that went well. They will be meeting again in January to
continue discussions and move forward with hiring a new recreation director. Cl Lavine added
the committee agreed the job description needed to be opened as much as possible to attract a
good pool of applicants. They will investigate what possibilities there are beyond the narrow
description we have.
Ag Committee – Is still working on the ag land protection plan and is requesting an
extension of time on the associated grant. Cooperative Extension has been drafting the plan.
The zoning review by George Frantz is complete. Supv Leifer will be talking with Cooperative
Extension about of a couple of issues. The idea is to identify where were want to go in the
future for agriculture in the town of Dryden. The plan has to describe where we were, where
we are and what we plan to do in the future. The committee feels Cooperative Extension
relying too much on the Town of Lansing’s plan and not producing something specific to
Dryden.
OLD BUSINESS
Recruiting for volunteer boards – Ads have gone out and there will be something on
the tax bill insert. We need to increase our pool of applicants so that we have people to reach
out to for a variety of committees and projects.
Public utilities moratorium – The board introduced a local law to extend the
moratorium and set the public hearing for January 12, 2017 at 7:00 p.m. The text of that
proposed local law follows:
LOCAL LAW NO. ___ OF THE YEAR 2017
A LOCAL LAW EXTENDING THE MORATORIUM ON CERTAIN PUBLIC UTILITY INSTALLATIONS
THROUGH JULY 20, 2017
Be it enacted by the Town Board of the Town of Dryden as follows:
Section 1. Findings and Purpose. The Town Board of the Town of Dryden finds:
A. The Town Board of the Town of Dryden adopted Local Law No. 2 of the Year 2016,
entitled “A Local Law Providing for a Moratorium on Certain Public Utility Installations for a
Period of One Hundred Eighty (180) Days,” which local law became effective on July 26, 2016
and expires on January 21, 2017.
B. Town Board members, the Town’s Director of Planning, and the Town’s attorney
have been researching and discussing issues related to potential new Town regulations of
public utility installations.
C. The Town Board anticipates that its review, study and consideration of these issues
can be completed, and legislation, if needed, can be drafted and properly adopt ed by July 20,
2017.
D. The Town Board is concerned that any new legislation would be significantly
subverted if public utility installations covered by the moratorium were to be entertained and
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possibly approved before the Town Board completes the review and study process and
considers legislation.
E. Extension of the moratorium until July 20, 2017, will protect the public health,
safety and welfare and further the goals of the moratorium by preventing the consideration and
approval of certain types of public utility installations during the limited time the Town needs
to complete such review and study and adopt such legislation.
Section 2. Local Law No. 2 of the Year 2016 is hereby amended as follows:
A. Section 1.H is amended to read as follows:
“H. It is anticipated that the Town Board’s review, study and consideration of
the issues described above can be completed by July 20, 2017, and that
legislation, if needed, can be drafted and properly adopted within that
timeframe.”
B. The first sentence of Section 2 is amended to read as follows:
“Section 2. Prohibited Actions. The Town Board hereby declares a moratorium
through July 20, 2017, prohibiting each of the following actions in the Town,
regardless of the submittal or receipt of any appli cation prior to the effective date
of this local law, unless permitted under Section 3 hereunder:”
The rest of Section 2 (paragraphs A-D) remains unchanged.
C. Section 7 is revised to read as follows:
“Section 7. Term. This local law shall be in effect through July 20, 2017,
provided, however, that the Fines, Penalties and Other Remedies section shall
remain in full force and effect after such date for the purpose of prosecuting any
violation which occurred during the effective period of this local law.”
Section 3. Any provision of Local Law No. 2 of the Year 2016 not amended herein
remains in full force and effect.
Section 4. Validity. In the event that any portion of this law is declared invalid by a
court of competent jurisdiction, the validity of the remaining portions shall not be affected by
such declaration of invalidity.
Section 5. Effective Date. This local law shall take effect immediately upon filing with
the New York Secretary of State.
NEW BUSINESS
Workers’ Compensation carrier – Supv Leifer explained he had decided to go with a
new carrier because PERMA quoted us at a much higher rate than Comp Alliance. The town
will save $15,000 in 2017 by switching, despite having been with PERMA for over 20 years.
The coverage is the same.
RESOLUTION #195 (2016) – APPROVING MEMBERSHIP IN NYS MUNICIPAL
WORKERS’ COMPENSATION ALLIANCE PLAN
Supv Leifer offered the following resolution and asked for its adoption:
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WHEREAS there has been proposed a “NEW YORK STATE MUNICIPAL WORKERS’
COMPENSATION ALLIANCE PLAN DOCUMENT” pursuant to Section 50 3-a of the Workers’
Compensation Law (hereinafter “the Plan”); and
WHEREAS the Town of Dryden is eligible for membership in the Plan; and
WHEREAS the Town of Dryden has made an independent inv estigation of the Plan and
reviewed the Plan document, and has concluded that it would be in the interests of the Town of
Dryden to participate therein; now, therefore, be it
RESOLVED, that the Town of Dryden enter into membership in the Plan pursuant to
Section 50 Subdivision 3-1 of the Workers’ Compensation Law; and be it further
RESOLVED, that the Supervisor be and hereby is authorized and instructed to execute
the Plan’s charter document on behalf of the Town of Dryden, and be it further
RESOLVED, that the custody of all joint Plan moneys by the Plan Administrator under
the Plan be and the same hereby is approved.
2nd Cl Servoss
Roll Call Vote Cl Lavine Yes
Cl Cipolla-Dennis Yes
Cl Servoss Yes
Cl Lamb Yes
Supv Leifer Yes
RESOLUTION #196 (2016) – ELECTION OF SELF-INSURANCE
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that the Town of Dryden hereby elects, pursuant to Subdivision 3 -a of
Section 50 of the Workers’ Compensation Law, to become a self-insurer as to Workers’
Compensation claims against this Municipality; and be it further
RESOLVED, that pursuant to Section 50 Subdivision 3 -1 of said Workers’
Compensation law, notice of such election shall be filed forthwith with the Chairman of the
Workers’ Compensation Board, Self-Insurance Section; and be further
RESOLVED, that this election shall become effective on January 1, 2017.
2nd Cl Lamb
Roll Call Vote Cl Lavine Yes
Cl Cipolla-Dennis Yes
Cl Servoss Yes
Cl Lamb Yes
Supv Leifer Yes
RESOLUTION #197 (2016) – AUTHORIZE SUPERVISOR TO SIGN PLAN DOCUMENT
COMP ALLIANCE
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby authorizes the Supervisor to execute the Plan
Document and other necessary documents incidental to the Town of Dryden joining the New
York State Municipal Workers’ Compensation Alliance.
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2nd Cl Servoss
Roll Call Vote Cl Lavine Yes
Cl Cipolla-Dennis Yes
Cl Servoss Yes
Cl Lamb Yes
Supv Leifer Yes
Ambulance rates – Dryden Ambulance, Inc. needs the town’s approval to increase its
rates for 2017 and 2018.
RESOLUTION #198 (2016) – APPROVE DRYDEN AMBULANCE, INC. RATES
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves the following rate schedule for
Dryden Ambulance, Inc. for 2017 and 2018:
Service 2017 2018
Basic Life Support Sign-Off $126.00 $132.30
Advanced Life Support Sign-Off 346.50 363.83
Basic Life Support Emergency 755.00 792.75
Advanced Life Support I 926.10 972.40
Advanced Life Support II 984.00 1033.18
Paramedic Intercept 603.75 634.00
Mileage for all will be $15.75 per loaded mile.
2nd Cl Cipolla-Dennis
Roll Call Vote Cl Lavine Yes
Cl Cipolla-Dennis Yes
Cl Servoss Yes
Cl Lamb Yes
Supv Leifer Yes
Approve Payments outside Abstract – Supv Leifer explained the need to pay four
vouchers outside the abstract.
RESOLUTION #199 (2016) – AUTHORIZE PAYMENTS OUTSIDE ABSTRACT
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves the following payments outside of
the abstract:
VISA – Recreation Department $281.50
Winzer – Highway Department 452.90
Verizon – Planning Department 58.94
VISA – Planning Department 449.00
2nd Cl Lavine
Roll Call Vote Cl Lavine Yes
Cl Cipolla-Dennis Yes
Cl Servoss Yes
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Cl Lamb Yes
Supv Leifer Yes
Cl Lavine left the meeting
Tax bill insert – Supv Leifer has prepared a document to be inserted and mailed with
the tax bills that gives information and guidance to property owners with respect to the ISO
ratings and its possible affect on the cost of their homeowner’s insurance. There is also a call
for volunteers for the fire companies and the town’s advisory boards, as well as how to contact
each town department.
RESOLUTION #198 (2016) – APPROVE TAX BILL INSERT
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby authorizes the mailing of the attached
document regarding the town’s fire departments’ ISO rating, volunteer recruitment, and
contact information for town departments.
2nd Cl Cipolla-Dennis
Roll Call Vote Cl Cipolla-Dennis Yes
Cl Servoss Yes
Cl Lamb Yes
Supv Leifer Yes
RESOLUTION #199 (2016) – AUTHORIZE POSTAGE FOR TAX BILLS
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby authorizes, outside of the abstract, funds to
mail to the 2017 property tax bills not to exceed $2,750.
2nd Cl Cipolla-Dennis
Roll Call Vote Cl Cipolla-Dennis Yes
Cl Servoss Yes
Cl Lamb Yes
Supv Leifer Yes
Supv Leifer announced that board members planning to attend the 2017 Association of
Towns conference in February must sign up prior January 27, 2017. The town will not be
responsible for additional charges due to late registration.
There being no further business, on motion made, seconded and unanimously carried,
the meeting was adjourned at 9:40 p.m.
Respectfully submitted,
Bambi L. Avery
Town Clerk
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How to contact: Highway/DPW Department
By phone: 844-8888 x 240
By email: TownHighway@dryden.ny.us
How to contact: Planning/Code Enforcement Department
By phone: 844-8888 x 216
By email:
Planning Director: rburger@dryden.ny.us
Code Officers: Kevin@dryden.ny.us or David@dryden.ny.us
How to contact: Recreation Department
By phone: 844-8888 x 228 or 229
By email:
recassist@dryden.ny.us or
coordinator@dryden.ny.us
How to contact: Town Clerk’s Office
By phone: 844-8888 x 211
By email:
townclerk@dryden.ny.us
deputyclerk@dryden.ny.us
How to contact: Town Supervisor
By phone: 844-8888 x 226
By email:
supervisor@dryden.ny.us
How to contact: Town Court
By phone: 844-8888 x 219 or 220
How to contact: Dog Control Officer – Rich Leonard
By phone: Kennel 844-8261
Emergency phone: 607-351-2144
*Remember: New York State Agriculture and Markets and Town of Dryden Dog Control
Law require all dogs over the age of 4 months to be licensed. Contact the Town Clerk’s
office or visit the town’s website for an application and details.*
Town Website: dryden.ny.us
We are looking for volunteers for advisory boards. If you are interested in learning more
about these opportunities please visit dryden.ny.us and go to the “Board and Commissions”
tab for information or call the Town Clerk for an application.
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CHECK WITH YOUR HOMEOWNER’S INSURER OR COMMERCIAL
INSURER
YOU MAY BE ABLE TO SAVE ON YOUR INSURANCE PREMIUM!
In 2016 the Town of Dryden’s Fire Protection Services Received NEW PPC ratings from
ISO that may save you a significant amount in premiums on your insurance policies.
ISO (Insurance Service Office) is a third party independent agency that evaluates the fire
protection services of municipalities. It rates the results on a national scale from one to ten (one
being the best and highest). According to ISO, its Public Protection Classification Program
(PPC) plays an important role in the underwriting process with insurance companies. Most U.S.
insurers report that the PPC information is used in their decision-making process when deciding
what business to cover, what coverage’s to offer or prices to charge for personal or commercial
property insurance.
Dryden’s Neptune Hose Company achieved a classification of 03 and 03/3Y
Varna Volunteer Fire achieved a classification of 03/3X
Etna Volunteer Fire Department has a classification of 8/8
WB Strong Fire of Freeville (currently under review)
Communities with excellent or improving PPC scores “may get lower insurance prices.” Finally,
“most U.S. insurers use PPC information as part of their decision-making when deciding what
coverages to offer or prices to charge for personal or commercial property insurance.” A
community with a good PPC grade will generally have lower insurance premiums than a similar
community with a poorer ranking.
These excellent ratings are the direct result of the hard work and dedication of your
VOLUNTEER fire fighters. Without their effort to be the best they can be at keeping our
community safe though training, equipment maintenance, and planning, the community would
not benefit from such good PPC ratings.
Our volunteer fire companies always need new volunteers
so please consider becoming a volunteer with your local
fire company.
For information about Volunteer Firefighter Recruitment
please visit:
http://www.recruitny.org
or call one of our local Volunteer Fire Companies