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HomeMy WebLinkAbout2016-01-21TB 1-21-16 Page 1 of 34 TOWN OF DRYDEN TOWN BOARD MEETING January 21, 2016 Present: Supervisor Jason Leifer, Cl Daniel Lamb, Cl Greg Sloan, Cl Linda Lavine, Cl Deborah Cipolla-Dennis Elected Officials: Bambi L. Avery, Town Clerk Rick Young, Highway/DPW Superintendent Other Town Staff: Ray Burger, Director of Planning Susan Brock, Town Attorney Jennifer Jones, Recreation Director Supv Leifer opened the meeting at 7:05 p.m. Board members and guests participated in the pledge of allegiance. Citizens privilege will be moved on the agenda to follow the public hearings. Comments pertinent to the hearings will be heard during the hearings. PUBLIC HEARING 1401 Dryden Road - continuation Storage Squad project near Dunkin Donut on Route 13. Applicant is not ready to proceed tonight. PUBLIC HEARING 902 Dryden Road – continuation Applicant has a presentation tonight. Supv Leifer said he will not participate in the vote on this matter because he represented the sellers when the property was sold. He will not participate in discussion and Deputy Supervisor Lamb will run the meeting when we get to that point. Noah Demarest, of Stream Collaborative Architects, reviewed the previously submitted site plan and the revised plan that was done based on feedback and comments from the public, board members and staff. The previous plan had 12 new townhomes and two existing units in a duplex (14 total units) and parking, which encroached a bit into flood plain. They have studied the flood plain requirements and prepared a SWPPP in consultation with the town engineer. Partly because of reaction to the plan to add fill to what was incorrectly identified as the floodplain, the applicants reduced the number of units. The entry driveway was modified and because of that, they will not need to extend the culvert pipe (it will not change in any way). Emergency vehicle access will be from the street and an existing curb cut, and it is a smaller parking lot. Applicant is proposing the intersection of Route 366 and Forest Home Drive be modified by cutting away some of the asphalt and restriping it to bring it to more of a 90 degree angle. NYS DOT seems receptive to this modification. That should slow traffic down making the turn from Route 366 on to Forest Home Drive. The total bedrooms are now 32 and it was originally 44 (a 26% reduction). There are 25 parking spaces for the ten units (about two per unit). The entire footprint has been reduced from 18,000 square feet to 11,000 square feet (a 41% reduction). TB 1-21-16 Page 2 of 34 Because of the decrease in revenue they will have to scale back on cost. One of the goals early on was a net zero project and they were looking to do solar on site. Those are things potentially on the chopping block. The design will still be as energy efficient as possible, but the upfront costs of installing a solar system may or may not be feasible. They are still doing mini split systems, an all electric system which will meet the goal of a net zero ready home. It is fossil fuel free, so they can add solar in the future, but they are not as strongly committed to solar now because of the reduction of units. There are 32 beds as presently designed with 26 parking spaces. Alternative parking (for guests, etc) is being considered. The applicants own other properties in the area. 1015 Dryden Road can accommodate up to an additional eight cars. The Potters own a property four or five houses down on Dryden Road and have offered 2 additional spots. They have been talking with Cornell and they have plenty of spots that can be rented. The fee could be built in for the tenants. They are comfortable with the ratio of parking spots to beds at this point and don’t believe they will need additional off-site parking areas, but they are exploring the options. They will be charging for parking to deter people from bringing cars and encouraging use of public transportation. There is more parking than required presently. The applicant will also provide a bike shed. Marketing exploration with test ads indicate s a 50-50 ratio between college students and working professionals as occupants. Trash/garbage removal – The new configuration is challenging for a trash truck. The new plan is a recycling and garbage shed per unit. It will have to be wheeled to the street on garbage day by tenants. Fill for the project – Quite a bit is required for the parking lot and where the bike shed is with some grading, primarily impacting one area of the lot. The previous SWPPP met all of the DEC requirements. This change is driven mostly by public comment, density, parking and neighborhood character. Most of the dirt will come from on site, but some may come from activity in Ithaca. Sidewalks – Ideally the town would install those with available grant funds, but it is a requirement of doing a project like this. Applicant is looking for feedback so they know how to move forward. There is a lot of expense in engineering and having to redo the SWPPP. Cheryl Humerez, 908 Dryden Road, said more studies need to be done, especially on the history of property. There may have been a gas station on the property prior to 1952. It’s believed a gas station was converted to the present home. The developers may find old gas tanks on property. Sidewalks in front of the property should be part of town project, but not sidewalks in the property. Applicant said they are paying for all the sidewalks, though it would be fair for the town to provide them all along the street and/or for new developments. Todd Bittner, Director of Natural Areas at Cornell Plantations and resident of Dryden, said he appreciates the changes to lessen the environmental impacts. He asked about the stormwater management system and whether the bioswale is still sited in the flood plain on the northern end of the property. N Demarest said it will be in the flood plain, but is being moved significantly up with the parking lot. All that engineering has to occur, but the same positive benefits that come out of having a stormwater management system where currently there is none obviously still remain. The potential to improve the outfall of that culvert pipe will still be a part of the SWPPP. Joseph Emel, 73 South Street, asked if this was low income housing and was told it was market rate. He asked what kind of taxes it would bring, and was told it would increase taxes roughly $70,000 per year (total town, school and county). TB 1-21-16 Page 3 of 34 Wayne Woodward, said he lives in Newfield and has property in Varna. He knows the town did a lot of recent rezoning of Varna for multi -family use. He wants to see this move ahead and help Varna. He thinks this will be a good thing. Charlie O’Connor, applicant, thanked everyone for coming to the hearings and giving input and thanked Ray Burger and the board. With the community’s feedback they feel they’ve been able to come to a compromise with the community. He reminded everyone tha t when they purchased the property at 902 Dryden Road it came with the existing two units and a lot of stuff. It had four dilapidated sheds and 20 tons of junk that was removed. Seventeen different tractors and a dump trailer were removed. When they looked into what zoning permitted, they proposed 14 additional units and keeping the two that were there. Their initial proposed was 18,500 square feet of new construction with 44 beds and 40 parking spaces. Today they are proposing eight new units totaling 11,058 square feet of new construction (a 41% reduction). Total bedroom count has been reduced by 28% and the parking was reduced by 45%. This has been done after hearing the community’s voices and board members’ concerns. They have listened to what was said with respect to density and the character of the neighborhood. Most of the unit reduction was done on the Humerez’s side. On Ross’s side they reduced the size from three to two units and pulled them closer to the existing structure, giving them more privacy and included privacy fences. This project is still financially viable, but even with the reduction there is still a significant amount of site work. If any more units are taken away, the project won’t work financially for them. They are hoping for approval as currently proposed. They like the Varna market and have worked for over three years to invest there . When they purchased 902 Dryden it was to redevelop it. After looking at the comprehensive plan created by the community and the town, it makes sense to put this development there. There is obviously a shortage of housing around Cornell and people are attracted to a development like this. Varna presents a different quality of life than Ithaca. It is zoned to support what they propose. They bought the property for $203,000 and put another $100,000 into the existing structure. They have spent over $20,000 in environmental remediation. They are nearing close to $70,000 in architect and soft costs due to numerous hearings and plan changes. They are still looking to invest another 1.5 million in new construction. They expect the development to have a 2.5 million dollar assessment. Increasing the tax base and not having the taxpayers in the area shoulder the burden is favorable for everyone. C O’Connor said he is concerned that there might be a possibility that it won’t work. They still want to invest in this community, add to the tax base, upgrade the inventory in Varna and they really would like to be one of the first decent-sized developments in the new hamlet plan to be approved. He reminded the board that they may hear negative feedback from members of community. Of the 14,435 people in town, he has heard negative comments from about ten people. He has spent some time talking with people from Cornell along 366 to Route 13, including Chris Kapler of the Plantations Bar and Grill, George Mosely from AutoWorks, Frank from The Orchid Place, Nick Patel from the Embassy Inn, Martins that own the Valero gas station, Chip Ray of Hillside Acres and Steve Lucente of Lifestyle Properties. He gathers that people support the project and would like to see it approved as is. Todd Fox, applicant, said a lot of people have spoken about the character of Varna. He looked at the history of Varna and displayed pictures beginning in 1897 when it was a dirt road and businesses consisted of such things as a wagon shop, blacksmith shop, general store, grist mill, and tannery. The character is always changing. Varna used to have a large horse trade. Route 366 changed the character of Varna. The needs of people grew and adapted. TB 1-21-16 Page 4 of 34 The applicants aren’t saying they don’t like the comprehensive plan, but they are trying to conform to it. Public hearings on the comp plan go back to 200 4 so the board was talking with the community for almost nine years before it was put in place. Outside consultants were hired and thousands of dollars were spent. There were nine years to discuss what the future of Varna would look like. The applicants have scaled back their project that fit within the new zoning by almost 50% to try and be conscious of what the community is asking for and be sympathetic and understanding to the neighbors. Putting in sidewalks will dramatically change the character of Varna. All the applicants are trying to do is give the town what it asked for. They are hoping the board says yes to the nine years of planning, yes to the comprehensive plan, and yes to the future of the 14000 residents of Dryden. Cl Lamb thanked the applicants for the presentation and patience throughout the process. PUBLIC HEARING RSOLUTIONS TO AUTHORIZE THE PURCHASE OF PROPERTY ON PINCKNEY ROAD AND TO USE RECREATION RESERVE FUNDS SUBJECT TO PERMISSIVE REFERENDUM FOR THAT PURCHASE Supv Leifer opened the two public hearings simultaneously at 7:50 pm and dispensed with reading of the public notices. Comments on both matters will be accepted at the same time. He reminded speakers of the 3 minute limit. The proposed resolutions are available on the town’s website. Joe Wilson, 75 Hunt Hill Road, I have been studying the July 23, 2015 Report from the Town's Planning Board to the Town Board regarding improvements to the Town's Comprehensive Plan. In the context of tonight's hearing about the proposed purchase of the Hoag-Harvey land, it seems that such a purchase is highly consistent with policies and actions recommended by the Planning Board. Specifically, the Planning Board is recommending: • open space in the Town be preserved or increased, • open space for use for local, renewable energy projects be available, • open space be maintained (or by implication be increased) to help cut pollution. In addition, the purchase is an investment. For the time being, it will help preserve the views in and aro und the Town which make it a beautiful place in which to live, work and play. If the land became so valuable that it could be profitably developed, the Town could rent or sell it to reduce Town costs or taxes. If that were done, the Town could condition the sale or lease on things that the Planning Board wants to see in Dryden. These include: • use of renewable-sourced heating and cooling technology within the Town • local, renewable energy generation by or within the Town, • energy-efficient construction, • use of recycled materials, • use of Energy Star appliances, • zero-net energy homes. Just as important, these approaches will help do two other things the Planning Board is for —the creation of green jobs and the development of careers in energy efficiency. In short, purchasing this property and holding it either TB 1-21-16 Page 5 of 34 as open space or developing it later are all consistent with what the Planning Board has recommended. Ed Wilson, 12 Wellsley Drive, said he is opposed to purchase of this property. The present assessment of the land is $48,000. Though it is only $85 a year paid to the Town of Dryden, it is $1500 a year paid to the local community, including the town and our schools. The property was purchased by the seller in 1999 for $18,000. The town is proposing to purchase for it for a price in the range of $70,000. In the comp plan we talk about building a park. They say a large 15 to 20 acre park could cost $800,000 to develop. The loss of taxes over 20 years is $30,000. That means basically approving spending up to $800,000. Best case situation is it is left on the tax rolls, someone develops the property, and the assessment increases instead of coming off the tax rolls. Say the assessed value doubles over 20 years, that is $60,000. I nstead of making a $70,000 decision at some point in time, you are really making a 2 million dollar decision: whether we spend $800,000 total on this property out of taxpayer funds, or we get 1.2 million in tax revenue and jobs etc from that property. It isn’t insignificant. He said he attended some of the budget meetings and we are spending funds out of reserve just to maintain operations. How can you spend further money when massive tax increases will be necessary to continue operations as we see them now? Consider the future and remember that you are spending our taxpayer money. He would appreciate a delay in the decision. It was purchased for $19,000 in 1999 and we are considering paying $70,000 when it is $48,000 on the tax rolls. In better economic times it may be a wise choice. Right now when budgets are supported by reserves, it is the wrong time. Cl Sloan stated there is no consideration of spending $800,000 on this property. David Bravo-Cullen, 28 Lee Road, said he would reiterate what Mr. Wilson said. This is not an appropriate time for the town to purchase land because don’t have our tax and budget situation in balance. He was under the impression that the vision for this property was to use it for athletic fields. Because the creeks run through it and there needs to be set backs from the creeks, it will be difficult to use for that purpose. It is not a good investment in his opinion. It is more focused on conservation efforts and less on recreational activity. Glen Swann, Mt Pleasant, said he owns a bicycle shop. It is his understanding this parcel is important with respect to the future development of a recreation way that would connect the Ithaca Rec Way in Ithaca to Dryden and the Jim Schug trail in the future. When he was younger he didn’t understand the point of separate bicycle facilities. Now he has appreciation for the value of bike paths and recreation ways. Riding between Freeville and Dryden or Ithaca can be terrifying on the roads. A future path that connects Dryden and Freeville with Ithaca is a very important thing. Having lived adjacent to the East Hill Bike Path, the value in terms of community and lifestyle is evident. It should seriously be considered. If it is developed in other ways it could be a severe hindrance to completion of bigger project. Steven Powell, 10 Dove Drive, Ithaca, said his property borders the Town of Dryden off of Snyder Hill Road. He is the President of the Finger Lakes Cycling Club that has about 200 recreational rider members. They bring kids out to ride and crave m ore off road opportunities for bicyclists. He understands this is an enabling parcel for the Varna Freeville Rail Trail. This would be a great opportunity for riders come to Dryden and go to restaurants and so forth more often with a positive economic benefit. It enhances the quality of life and perception and reality of what it is like to live in Dryden. Some of their members live in Dryden and say such good things. The trail work being done and this parcel that is being considered enhance that perception and the reality of Dryden being a good place to live. TB 1-21-16 Page 6 of 34 Chris Tessaglia-Hymes, 8 Etna Lane, said this rail trail expansion project would pass through Etna. He would love to see that developed for the greater Dryden community. He grew up in East Hill area and spent a lot of days walking the East Ithaca Recreation Way. Being able to get away from roadways and walking on trails through the woods contributed to his interests in wildlife conservation and biology. He would like to see the same kinds of experiences shared by other youngsters in the Dryden area. His daughter would love to have a bike path near her house and to bike or walk to her grandparents in East Hill. It would be great to do whatever it takes to make these opportunities for future generations happen. Bob Beck, West Malloryville Rd, and Conservation Board Chair, said such a parcel of land rarely becomes available for potential acquisition for conservation. Last year the town approved a resolution (#47 of 2015) adopting a policy that it would refer to a document titled “Methods and Selection Criteria for Land Protection and Acquisition” when considering acquisition of real property by the town of Dryden. Within that document a sentence reads: “a decision to accept a donation property, to purchase a property outright, or to acquire conservation easement requires assessing the conservation values of the property in relation to the Town’s conservation goals and priorities.” That document’s criteria checklist contains 27 items for consideration of a land parcel for acquisition and for approval recommends meeting a minimum of six of those criteria. The Town of Dryden Conservation Board visited and evaluated the Hoag Harvey parcel and determined that 18 of the checklist’s 27 criteria were easily met, far exceeding the minimum requirement of six. The Conservation Board then passed the following resolution regarding that parcel: 28 April 2015 Resolution to Town Board Proposed purchase of Hoag-Harvey parcel, 44.-1-2.323 Whereas, Fifteen acres of land are available for purchase east of Pinckney Road between the proposed Freeville -to- Ithaca Rail Trail and the Campbell Meadow Town Park, and adjacent to a Cornell Natural Area across Pinckney Road, Whereas, This property is a priority for conservation because: (1) it links an existing Town Park to the proposed Rail Trail; (2) it can be developed into an access point for trail users; (3) it has more than 1,000 feet of frontage on Fall Creek; and, (4) it strengthens the link to the Cornell Natural Area, Whereas, The property is largely undeveloped except for two small structures and an abandoned vehicle which could easily be removed from the property, Whereas, The Finger Lakes Land Trust would assist with the acquisition of the property, Whereas, For the Town of Dryden Recreation Department, the property provides the potential for active and passive TB 1-21-16 Page 7 of 34 recreation development, Whereas, The property fully meets 18 of the 27 criteria in the Selection Criteria Checklist within the Town of Dryden's approved "Methods and Selection Criteria for Land Protection and Acquisition" (see attached checklist), Now, therefore, be it resolved that, The Conservation Board recommends that the Town Board approve the acquisition of the Hoag-Harvey parcel, 44.-1-2.323, as a vital addition to the Town's conservation lands. B Beck said among the most lasting and valued contributions of local government he believes are the conservation of natural areas and the establishment of trails and parks for citizen enjoyment now and into the future. The Conservation Board urges the board to approve the purchase of the Hoag Harvey property. John Burger, Hanshaw Road, said in the summer people ride on Hanshaw Road. This is a great opportunity. The land is different when you are biking instead of driving. You see something different. It changes your whole outlook. It’s an inspiring way to feel connected, walking or riding a bike. It is a great thing to invest in. Don Scutt said he always speaks about taxes and expenditures. It seems everybody thinks a linear park from Harford to Ithaca would be grand. This purchase of land is not the right thing currently. There are other ways to get a trail. The town jumped into it. He asked a town employee why we were buying the land and the response was we have a trail head right off of Pinckney Road. The town is not aware of what they are buying. They are not buying the dotted yellow line displayed that includes rail road bed which is perfect for trails. The survey stakes currently in place don’t show access off Pinckney road to this property. We are in a financial crisis. We don’t have money in the budget to add trails to that land unless we get the right of way to the railroad bed. This purchase does not include that railroad bed . He would not be opposed if it included the railroad bed, but that is not the case. He asked if we know how this purchase will impact the tax rate next year. We cannot continue to purchase land and take it off the tax rolls. Over the last couple of years we gave money to Cornell to purchase land to take off the tax rolls. It doesn’t make sense as a taxpayer. We cannot continue this way. In all the years he’s been coming to meetings he has not once heard anyone ask for park land in the town or trail land. He’s heard comments and side conversations, but never heard anyone ask the town to build an additional park or trail lands. Numerous people ask for a stable an d sustainable tax rate. The sad part is that the town wasn’t interested in this purchase until an outside entity let them know it was for sale. It’s a noble and good idea, but we cannot continue to spend money after two years of double digit increases and the likelihood of the same again this year . We need to just stop spending. This purchase is subject to a permissive referendum by petition. We need to collect 218 signatures. He has the petition available for signature. Permissive referendum means t hat citizens can vote on it in an election. Ken Miller, Springhouse Road, said he agrees with D Scutt. In 2013 we had a 3.6% increase in the tax levy, in 2014 it was 1.2%. That’s reasonable and most people can handle that. In 2015 it was 13.9%. In 2016 it was 13%. We can’t handle that anymore. You’ve got to get that under control before you spend more money for anything. This gentlemen has pointed out we can’t even get on the railroad. Let’s just take 50’ and buy that part, not take 15 acres off of the tax rolls. If you want to take stuff off the tax rolls, he suggested (to help the farmers and help the town have lots of open space), take all the ag land off the tax rolls so they don’t have to pay taxes. Help them keep that land in open space. He agrees the town should not buy this piece of property. There has to be other ways to help the farmers out and keep open space. TB 1-21-16 Page 8 of 34 Judy Pierpont, Pleasant Hollow Road, said she is in favor of acquiring this valuable piece of property. In these times we need to acquire for the public things that benefit all of them. It will provide significant opportunity for outdoor recreation and quality observation and appreciation of a prime natural habitat. The tract will be a great place for families and young people to discover the outdoors. There is an important creek where a trail might be built as well as wetlands where people can watch wildlife. Kids need to be in these kinds of places. She is particularly interested in increasing opportunities for young people and families to become familiar with the natural way in ways that encourage their appreciation and interest in protecting and conserving it. They will need to know and love their natural environment in order to take on the tasks of preserving it. People are losing that sense of connection and our natural world is under threat. This property should not be subdivided and built up. It’s a good place for a n atural park contiguous with other conserved lands allowing wildlife corridors and habitats for creatures that need unfractured habitats. For people it is a good place for park. It is accessible and particularly valuable if we are going forward with the rail trail from Dryden to Ithaca. It’s a real transportation corridor allowing safe biking and walking between areas. Some people will be able to leave their cars at home or not have to buy one and get helpful exercise between areas. Kathy Servoss, W Dryden Road, Chair of Dryden Recreation & Youth Commission, said she fully supports purchase of this property for recreation purposes. The Recreation & Youth Commission Needs Assessment from 2014 along with multiple other community forums and meetings have all stated that Dryden needs more recreation facilities. However, she does not support purchasing it entirely with the Dryden Recreation Capital Reserve fund. When that fund was created the resolution stated it was for the purchase of accumulating all or part of the cost related to the development and/or improvement of recreation facilities, fields, parks, etc. Purchasing land is not part of that development. Developing the land for recreation purposes will be extraordinarily expensive. She suggested taking half from the reserve fund may be fine. She does think the purchase is a good idea. She visited the property with the Conservation Board and believes it is a nice piece of land. Rick Kugler said he moved to the Town of Dryden in May from the Southern Tier and has been impressed. They had been promised a rail trail there and it didn’t happen. They travelled to Rhode Island where they found a way to build a 50 mile trail from the Blackstone Valley to Bristol and cottage industries have sprung up there. It takes time but somehow they found a way to do it. New York State is huge comparatively. Rhode Island did it. They have found beautiful trails here, but we need to piece them together. There are some dangerous routes and road crossings to bring them together. He w ould love to see a contiguous trail like they did in Rhode Island. Diane Zigler said we need to think outside the box. She has seen many runners on the pieces that do exist before it ends on Route 13. There are groups in other states who would travel to rail trails in Florida, Rhode Island, etc. Tourism might come to Dryden and people might stay there in order to ride into Ithaca. Consider the other opportunities for retail, services, gasoline, etc. The historic value could also be emphasized. This part of New York State has so much to offer. Martha Robertson, Tompkins County Legislator, said she was on the planning committee last year when this came through as a request for some funding from the County’s capital reserve fund. She voted for it then and at the legislature as well. She supports what Bob Beck said. This is a very special piece of land. The County has a limited amount of money in the capital reserve fund for very special parcels that in particular are connected to other open space or preserved lands that protect vital corridors such as the creek. To people that are worried about taxes, we have lots of documentation that property values around parks and TB 1-21-16 Page 9 of 34 open space go up. Amenities like this raise values in immediate areas as well as town wide because people like living next to parks. There will be more value created through this investment. It is not something the County does lightly and they don’t approve all of the requests that they get. This is a special piece. Dave Weinstein said this is a gorgeous piece of property with some beautiful views from bluff looking down on Fall Creek. It has a grove of the largest oak trees that he has seen around here. It is a really special property and we are l ucky to be able to acquire it. With respect to the issue of economics, on the west side of the property is a creek that is eroding and dropping material into Fall Creek and pushing the erosional force of Fall Creek up toward Campbell Meadow and eating away at Campbell Meadow. Soon it will undercut the bridge. For a relatively small expenditure, if town has control over this property it can put in erosional devices and save a ton of money down the road trying to protect Campbell Meadow and the bridge from being undercut. In cases like this you are a lot better off spending money upfront to avoid having to spend larger amounts in the future. Money spent now will save money down the road. Buzz Lavine, Ringwood Road, said he used to live near this property. If you take this parcel off the tax rolls and use it for the recreational/open space purposes that support the values of the Town of Dryden, it supports the kinds of values that we have in Dryden. If we do that, we will bring in more money. There are studies that support that. He used to be on the Planning Board in town from the 70’s to the 90’s. A trail was mentioned to the Planning Board back then many times. They tried to achieve it back then and the Town Board at the time was not willing to pursue anything of that nature. We now have a parcel that is a special par cel of land that is available. We have the facility to make use of it. By making use of it, we’ll bring in far more than the cost of it in his opinion as a planner. It supports the values of everyone that lives in the town and are important to the Town of Dryden. He encouraged the board to move forward with this. Ray Burger displayed the survey of the parcel done by Mike Reagan and said the parcel includes the northern half of the 50’ wide railroad bed. The survey shows the property corners are right in the middle of the rail bed and go to the centerline of Pinckney Road. We certainly have contiguous access to the entire parcel, including the rail bed. The southern half of the old rail bed is owned by the adjacent property. The 25’ is plenty of space for a trail. Supv Leifer said one proposal is to fund the purchase from the recreation reserve. The money in the recreation reserve is an encumbered part of the town’s fund balance, which means it can’t be spent for any purpose other than what is in the enabling resolution. If that money is used we’d have to pass another resolution to reduce that fund by whatever amount. It couldn’t be use, for example, for highway purchases. He and S teve Stelick authored that resolution and it was intended to have a broad application. At one time there was a thought of a single recreation facility, but it was also meant to support neighborhood parks as well. In order to develop these things, you have to acquire property. Sometimes it’s gifted to the town and sometimes it’s not. This is a case where it is not being gifted to the town. At this stage we are only talking about acquiring the property, not doing development work. We’ll have to figure out the funding for that later. When real estate is available you need to take advantage of it. We have been planning for these types of purchases for years. He is glad the Conservation Board came up with the criteria because it provides an objective way to evaluate these possible purchases. These are better than those used for the farmland protection even though that had a state component. When the Town Board did some development rights purchases, there were questions about whether those parcels were under pressure for development. There is always a question when the town is purchasing property, but in this case there will be a good beneficial access. There will be access for fishing, canoeing, and kayaking. There used to be canoe race on Fall Creek and this might encourage those types of activities again. TB 1-21-16 Page 10 of 34 Cl Lavine said she is concerned about wasting time and money with this permissive referendum. Cl Leifer said no matter where the funding comes from this is subject to permissive referendum. The only other way would be for someone to purchase it and give it to the town. Donors can contribute to the town replenish the recreation reserve fund. The funds received from the County will go back into the recreation reserve fund, about $15,000. Cl Lavine said Mr Wilson’s comments about spending $800,000 were completely off the wall. Atty Brock said Town Law §220 states a town board may establish public parks. Any expenditure financed in whole from moneys appropriated from surplus funds shall not be subject to referendum. If this is funded from a reserve fund, it is subject to permissive referendum. If taken from general funds, it would not be subject to permissive referendum. Supv Leifer said when the matter was considered he supported taking from the reserves funds because they were already set aside for this purpose. Cl Lavine told Don Scutt she knows what a great contribution he has made to the town with respect to youth sports and how much he cares about the town because he is here at meetings and caring. So in some ways her statement is addressed to him: Climate change, sustainability, green space. My comments are not about these. Purchasing the property on Pinckney is about families and the increasingly desperate need to provide healthy low cost opportunity for family recreation. Anyone listening to Republican candidate debates would know we are witnessing an epidemic of drug addiction among all of our children, not just poor children. Probably half of the Republican candidates refer to drug problems in their own families and New Hampshire residents cry out for attention to this horrible epidemic. And that’s just the Republicans. And it’s not only poor families that need to cut corners to support their children. Currently available jobs make middle class families barely able to make it to the next paycheck. We must ask what can we as a community do at the local level to help families. I spent the first 45 ye ars of my adult life teaching future teachers at SUNY Cortland. I taught them, some of them teaching our children today, about the importance of outdoor activities for the healthy development of children. There are wonderful writings about this if anyone is interested. The outdoors in general and outdoor active hobbies are all very important, soccer, baseball, trails for biking and running, lake access, picnic access and others. We are fortunate to have many such places: Montgomery Park, several community centers, playgrounds, Dryden Lake. But the natural world offers children something very special: an opportunity to appreciate God, nature, discovery, peace and beauty. And that is why this property is unique. Experiencing the beauty of Fall Creek in Etna teaches us about the web of life and our place in it. It helps us feel secure in the feeling that nature provides for us abundantly. It gives us a chance to explore that web of life and learn hands on how awesome the natural world is. What do we want to teach our children and our grandchildren if not that gratitude and reverence for creation? Soccer fields, baseball, biking, running trails, fishing are all important and outdoors. But we also need nature. It will save us on bills for family violence, juvenile delinquency and mental illness. As recreation goes, this purchase is low cost in upkeep. It doesn’t need to be developed as a park. God already did that. The land can only increase in dollar value and is being subsidized both by the seller’s concessions and by the County. The County, as Martha Robertson, used this as an important contribution to public life and is thus chipping in $15,000. This land is priceless and unreplaceable as land gets developed. The way the market works, you shouldn’t look back and regret not having purchased this property for $15,000 fifteen years ago, you should ask what’s a good bargain now, and this is. Just as we now regret having lost the opportunity to keep the railroad beds, we would regret the loss of t his unique natural site. It will not come again. All of us wish we had bought Apple or Google or IBM for our best generation, at $15, but what do we invest in today? That is the question. TB 1-21-16 Page 11 of 34 This park and the overall offerings of Dryden attract people to buy homes here. Again we need to ask who are the families that will gain from this high quality, low cost experience? They are us, all of us. Few families today have money to waste and this is the best kind of family recreation. We can’t wait for Christmas and watching It’s a Wonderful Life every December to realize that this is our moral obligation to Dryden families. I hope that we will not waste time and money in a permissive referendum. If we don’t buy this property under the budget line, we probably will find other ways to do it. But let’s be compassionate and not waste that time and money. I ask all of you here, please don’t sign that petition. You will be wasting time and money, and I don’t know what that cost could be. This is a very foolish place to put one’s efforts. There are so many more important things you could be doing. We will be spending lots of time figuring out ways to cut the budget in Dryden. This is not the place to do it. Cl Sloan said he thinks he has all the information he needs. Cl Cipolla-Dennis said there was a concern that the cost was above the appraised value and that there were concessions made and asked if that could be explained. Supv Leifer said as he understands it there was talk of a pre -market sale with the owner, but then she retained a realtor and put it on the open market so there were other parties were interested in it. Ray Burger said the listing price was $77,000. There were different market analysis that came in. There was a formal appraisal at $57,000 and market appraisals around $70,000. They ended up at $62,700, plus closing costs of the seller. Cl Lamb said he is in favor and has heard a lot about this particular project. We have the Conservation Board supporting this. We charge them with identifying unique areas that need to be preserved and they know more about that than many people. He has looked for places to take his kid biking and has had to drive to Ithaca. He’d rather do that in Dryden. This is an opportunity to invest in the future and put something in place that will make more people want to move here, build here and invest here. The fact that the County has endorsed in a generous manner is important. They don’t waste their money and are looking for things that will better the quality of life countywide and they want us to do this. The Finger Lakes Land Trust wants us to do this. In a number of ways Fall Creek is our water front and municipalities should protect, develop and take advantage of their water fronts. It runs to McLean where he lives and he knows how beautiful it is every season. Campbell Meadow always has a car there and a lot of people walk there. This is the sort of thing we want to invest in. This is beneficial in a number of ways. Supv Leifer asked the Highway/DWP Supervisor about working on the portion that would have the trail. R Young said he hasn’t looked at it yet. R Burger said there is 150’ of frontage on Pinckney Road and Supv Leifer asked about creating a parking area. R Young he’d have to look at it but it could probably be done. There is over 1000’ of half of rail bed and Supv Leifer asked what it costs to maintain that. R Young explained it’s difficult to estimate; that a lot of work has already gone into the Jim Schug Trail and they only need to mow it. R Case noted that without bridges it will likely be relatively inexpensive to mow. R Burger noted there is some brush to clear. Cl Lavine said she believes it will not be labor intensive to maintain. K Servoss said she walked the old rail bed with the Conservation Board and it was very easy. Volunteers could clean up brush and tree limbs and it would be completely open and free and should not be a lot of maintenance necessary. Craig Schutt said he doesn’t believe the whole rail bed is on there. The survey pins are off the rail bed. They are not in the middle of the bed. You don’t even have access. R Burger stated the pin that marks the corner of the property is in the centerline of the rail bed. C TB 1-21-16 Page 12 of 34 Schutt said that is only the case on one end. At Pinckney Road it is not. R Burger repeated that survey shows it is in centerline of rail bed. There were no further comments. RESOLUTION #28 (2016) – CLOSE PUBLIC HEARINGS ON PINCKNEY ROAD PROPERTY PURCHASE AND FUNDING Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby closes the public hearing the proposed purchase by the Town of Dryden of a parcel property identified as Town of Dryden tax parcel number 44.-1-2.323 and closes the public hearing on funding the purchase from the Town of Dryden Recreation Capital Reserve Fund. 2nd Cl Lamb Roll Call Vote Cl Sloan Yes Cl Lavine Yes Cl Cipolla-Dennis Yes Cl Lamb Yes Cl Leifer Yes CITIZENS PRIVILEGE Joe Wilson, 75 Hunt Hill Road, said he has been studying the July 2015 report from the Planning Board to the Town Board regarding improvements to the Town’s Comprehensive Plan. The Planning Board's Report calls for increasing demand for products and services that protect the environment, and it lists activities (or goals) it would like the Town Board to promote and support. They include: conserving energy and water, reducing toxic substances, lessening the impact of products and services consumed in the town on public health, limiting the impact on air quality from industrial, diesel, or other similar operations, and coordinating with the energy programs of other nearby governments (adjacent towns as well as the County Legislature). With regard to these recommendations, they will NOT come to pass if the proposed NYS EG/Iberdrola West Dryden Gas Pipeline is installed and operated as described. Specifically: • Our fossil fuel dependency will increase by 700,000 cubic feet per hour for the probable 50 -year life of the pipe. • Greenhouse gas emissions will increase (not decrease) by as much as 50 percent. • Air pollution will increase, not decrease. • The air pollution will worsen (not improve) public health. • The extra gas burned will increase (not decrease) global warming. • Money paid for the methane will go out of the community to Spain-based Iberdrola. • New, local green jobs, sustainability careers, energy careers and businesses will NOT be created Joanne Cipolla-Dennis, 964 West Dryden Road, congratulated the new members of what she thinks is the greatest town board in the State of New York. She would like p ublic comment in beginning because it creates a hardship for those wishing to speak to have to wait two hours for a three minute comment. She would like the board to: TB 1-21-16 Page 13 of 34  Pass a resolution supporting the County on rejecting the Trans-Pacific Partnership.  Pass a resolution that all new construction be built to LEED standards meeting water, energy, and recycling criteria, but not be required to obtain the certification .  Pass a resolution to invest only in renewable sources of energy. Gas is not a renewable source of energy.  Invest in smart solutions for truly affordable living environments.  Sign contracts based points for being local, paying a living wage, offering equal pay to women, hiring a diverse workforce that respects all family’s rights to the same benefits that creates a safer working environment.  Offer training in the matter of social importances like race, implicit bias, and identity awareness.  Make decisions based on evaluations of the projects impacts on climate change and write this into the Comprehensive Plan with detailed clarity swiftly, please.  Please see Dr. Ingraffea’s latest submission to you on the pipeline that’s been proposed and the methane leaking in the city already.  Offer a public statement that the Town of Dryden strives to become a safer community for people of color, LGTQI residents and offer a commitment to learn about those groups and how they are differently affected with the avenues they take in deciding things. Put that action behind a public statement please so we have a declaration for people who come to Dryden who don’t live here that they would expect to be protected.  Please establish a public safety officer who will talk with resid ents about their experiences so officials can understand who is at risk, why and how best to address them.  Prohibit cigarette smoking in all public spaces and provide a space for smokers to smoke where they don’t affect other people. Please start with Dryden Lake Park. It was hard to use that this year because people were smoking.  Hemp is now legal in the State of New York. Our farmers should realize there are wonderful opportunities for this cash crop and that will bring a lot of economic development into the Town of Dryden, create a lot of opportunities for entrepreneurs who can then do things like build houses out of hempcrete. Janet Morgan, 940 Dryden Road, speaking as chair of the Varna Community Association Board of Directors (943 Dryden Road) said they would like to see improvements to the infrastructure along Route 366. There has been discussion of setting improvements to water, sewer, and utilities as high priority and she hopes that will be the case. The Community Association is property owner along the highway. While they haven’t discussed it, she is sure the board will be unanimously in favor of supporting anything in Varna that improves the safety of the highway and livability of community . Sidewalks encourage people to walk around and talk to each and build community that way. Their board meets a week from Sunday and she will recommend a resolution at that time and will get it to the town board. Jim Skaley, 940 Dryden Road, encouraged the board as part of comprehensive plan and the Varna community development plan to replace the infrastructure that is crumbling. Some water and sewer lines are no long repairable and need to be replaced. This also enhances the prospect of doing a comprehensive approach to meld funds to fund improvements in a one shot deal instead of taking a piece meal approach. With low interest rates, this is an opportunity should the district need to have funding. It is the right time and place. It will also enhance economic prospects for the Varna community in terms of reducing the costs of other developers coming in and having to provide for the same services and correct some of the problems that currently exist. TB 1-21-16 Page 14 of 34 John Burger, 1686 Hanshaw Road, said a bike trail is a kind of infrastructure of connecting community. There are other infrastructures of destruction. The West Dryden pipeline is a good example. We have the comprehensive plan but then these things come up and we ask what we do. It wasn’t long ago when we had leaded gasoline because it made the engines work better. We had asbestos and it was there for a reason because it got the job done. At some point we realized that in the balance, they are not worth it. We n eed to start acting on what we already know. Methane gas is as much an environmental toxin as it is a source of revenue and source of heat. W e need to start turning it around. We understand what the issues are and what needs to be done and just need the courage to start to do it. We need to start thinking about the way we use energy and what the cost for that is. That should be considered. There are laws against exploitation of children. DEC still peppers their documents with exploitation of land. When it comes to the land exploitation is still somehow acceptable. It would be good to have some type of statement that says we want to include the land as something that should not be exploited and abused. It comes back and bites us. Turn down projects like the West Dryden pipeline. Linda Parks, thanked the board for all the effort they’ve put into taking care of the town. The West Dryden Road pipeline is still a live issue. NYSEG met recently with the Public Service Commission. Many West Dryden Road residents are potentially facing eminent domain at the hands of Iberdrola. NYSEGs easement which many people have signed specifically retains the right to sell those easement rights to others. When that occurs, the property owners get nothing. As things currently stand, property owners face an equally bad situation with eminent domain. New York State is the worst state in the country for property owners to be in this position. Our Town Board has been advised by legal counsel that there are ways to gain greater protection and perhaps even some financial compensation if this pipeline is installed. This issue is still real. NYSEG recently met with the PSC and a FOIL request was submitted, but they have not yet had a response. She is asking the board to pass a resolution to align the Dryden town law with the franchise agreement. The town and its residents need this protection now. Please be proactive. Don’t wait until it’s too late to manage this situation. Marie McRae, 710 Irish Settlement Road, read the prologue to Oil & Ice by Peter Nichols: “After surging to an alltime peak, oil prices were falling despite the depletion of fields around the world. Oil itself was talked about as an outmoded commodity, soon to be regulated to the past as cheaper, inexhaustible emerging energy sources were being developed. Oil barons and financiers were suddenly facing the loss of an industry that had supported them and supplied the worlds needs for generations. Banks and hitherto bedrock solid financial institutions were foundering. Wealthy men wer e ruined overnight, stunned that they had not seen what was coming. That everything they had believed in and counted on lay in ruins. The old paradigm was broken and a new one was overtaking the world.” This, then, was the state of the whale oil industry 140 years ago. In the whale oil era men killed whales until they couldn’t find anymore and then they killed walruses. Their mining the sea life also killed the human arctic dwellers who starved to death without their major food and fuel sources. But because the focus of the world energy market shifted, the sea life and the arctic dwellers recovered. We are now living at another shift point. As this town hall building demonstrates, we have easy affordable access to solar generated electricity and using that electricity we can extract heat from the air or from the earth. That means we no longer must burn earthbound resources to stay comfortable. I urge you to do all that you are able to promote that shift to using power generated by the sun and the wind. Make tight building envelopes and renewable energy sources mandatory in new construction. Help Dryden citizens gain access to solar TB 1-21-16 Page 15 of 34 power in their current houses. Continue Dryden’s leadership in standing up and saying no to the fossil fuel peddlers. Give the earth a chance to heal. Irene Weiser, Town of Caroline Councilmember, Brooktondale Road, said she is Coordinator of Fossil Free Tompkins. She is concerned about the unregulated West Dryden Road pipeline. This pipeline is slotted to be 124 psi. It takes 125 psi to have Public Service Commission regulation. As a result the responsibility for the environmental impacts falls to town. There are environmental impacts from this pipeline. If the gas that pipeline is intended to provide were fully utilized, it will increase the county’s greenhouse gas emissions by 30% or if just half were used a 15% increase at a time when the County has pledged to decrease emissions 20% by 2020. Clearly it is taking us in the wrong direction. The County has no land use authority so it falls to the town. Site plan reviews and SEQR and an EIA long form would be able to address concerns about the impacts and should be fully utilized. New York has one of the worst eminent domain laws in count ry, including allowing eminent domain for private interests. NYSEG says 50% of residents along the pipeline’s path have opposed the installation. It is clear there is no direct benefit to Dryden residents from this pipeline. It is a pass through on their property to supply gas to Lansing and possibly reinforce downtown Ithaca needs. It provides many risks and restrictions to the property owners who will have the pipeline through their property, including losing trees in front of their homes to restrictions on what they can do. Overall, it decreases the quality of life and property values. You’ll hear that this is important to economic development in Lansing. That v iewpoint is short sighted. It is a long term investment in this pipeline. People are recognizing that we can now do net zero, air source heat pumps, and use other methods. Lansing can use those, provided you don’t give access to this. Some of the developers in Lansing are already turning to that solution. It is the town’s responsibility to protect the residents and protect the environment. She asked that Dryden once again lead Tompkins County toward a sustainable future. Judy Pierpont, 111 Pleasant Hollow Rd, read the following statement: I want to propose two ideas, ultimately linked, for protecting Dryden and ultimately the wider world. We are a community that is trying to do our part to decrease GHG emissions. After Paris, we understand clearly that the mandate to enforce the COP21 goals falls to the people, that we need to hold our governments to their pledges, that without our participation the critical goals will not be met. It is now up to us to make sure that global warming will be controlled and that our children and their children will inherit a livable world. Citizens in our town are making a huge effort to minimize their C02 and methane footprint—tightening up their buildings, purchasing or leasing panels and heat pumps, driving and traveling less, transitioning to greener modalities, making the personal sacrifices that maybe could add up to a significant effect. But the proposal of Iberdrola (a.k.a. NYSEG) to build a new gas pipeline through Dryden would cancel out all these efforts by contributing 700,000 scf hr of methane to be burned in our county. I am dead set against a non-local corporation building out fossil-fuel infrastructure in my town, undermining our efforts and violating the imperatives of our times. We have been told we must keep the gas in the ground if we are to keep temperatures below 2 degrees C, preferably 1.5. New gas infrastructure should be off the table. It is now the people’s responsibility to make the Paris goals enforceable-starting right here, right now. We can be the leaders and show the way to a non-fossil fuel future. First, we have to not build out new gas infrastructure in our own town. My second idea is related. If we are to work to preserve our world, we need to feel connected to it, to love it. In a time when many people are no longer intimately familiar with the natural world, we should be enc ouraging opportunities to renew and support this connection. TB 1-21-16 Page 16 of 34 So, I would like to see Dryden promote and develop its rich outdoor resources. I’d like to see more people, both Dryden residents and non-residents, enjoying being outdoors, coming to know and appreciate the natural world. I’d be interested in helping to raise awareness of Dryden’s outdoor resources, its richness of trails, preserves, state forests, and parks. We could encourage people to use them more fully, promote them. There are also places that would make great new trails, walking and bike transportation corridors if properly developed. In particular, Varna has been interested in developing the old railroad bed through there into a rail trail. With interest from a new Board and volunteer help, along with grants, it might be possible. I’m suggesting that promotion of Dry den as a place for high quality recreation, including wildlife and bird watching, could lead to good experiences for Dryden residents as well as positive economic deve lopment that brings people to Dryden. Pat Duben, said she lives in Caroline with her husband and their property extends to the Dryden town line on Ellis Hollow Road. She is concerned with the West Dryden Road pipeline. That doesn’t have boundaries and will affect everyone in this area, the county and beyond if the pipeline is built. This might be the most important decision the board makes. Most of the basics aren’t in dispute. Once it is built, it will be used for decades. Most of the basics such as length and how much gas it will carry are not in dispute. Once it is built it will be used for 50 years or more. It will increase greenhouse gas emissions in the county by 30% to 50%. It is much easier to stop a pipeline like this before it is built than after we see what happens to greenhouse gas emissions. No one is going to shut down all the gas in the county, but we have an opportunity to stop a pipeline from being built. This board with the history of what it has done on related issues is an excellent board for taking on this project. She is asking the board to look at the franchise agreement with NYSEG from 1951 and use the language that talks about any gas lines built have to be for Dryden. This natural gas pipeline is not for Dryden. She would like the board to make it clear that it will be lead agency for SEQR for all the reviews should NYSEG move forward. Amending the Comprehensive Plan would be helpful in terms of not wanting this kind of infrastructure. Arrange for a professional to speak on any necessary technical information. Any actions that can be done to stop the pipeline she hopes the board will take. Sue Stein, 983 W Dryden Rd, read the following statement: I am here as another citizen interested in Dryden taking the necessary and innovative steps to be on the front line of energy reform by doing the following: reinstating and clarifying the protections in the original 1951 franchise agreement; working on our zoning and building codes and requirements to promote installation of a lternative energy sources (conservation, smart building technologies, air -source heat pumps, ground-source heat pumps, as solar), as well as using zoning and building codes to control new gas and oil infrastructure; and by mounting an intelligent and effective defense against the socially irresponsible West Dryden Pipeline. In regards to the pipeline, I think the strictest implementation of the SEQR process should be employed, thereby holding NYSEG to a highest level of responsibility and evidence. If nece ssary, I think a lawyer expert in these matters should be retained to represent Dryden's interests. Stopping the pipeline is a both a serious energy issue -no more fracked gas, no more irresponsible increases in methane emissions —and a property rights issue—no government or business entity should be able to take—i.e. steal by eminent domain- a Dryden resident's property and burden that property owner with risks and future threats resulting from an egregiously unfair easement. As a resident on W. Dryden Rd, I find it highly disconcerting that the Town of Lansing Government is among those pushing for this pipeline. I don’t really understand the connections between boards, but I wonder if this board can TB 1-21-16 Page 17 of 34 engage in dialogue with the Lansing Board and represent to them the concerns of us West Dryden Road residents, all of us Dryden residents in the face of Lansing's renewed pressure on the PSC and NYSEG that has come with the election of Ed LaVigne as Lansing Town Supervisor. It’s one town reaching and taking fro m citizens of another town. It seems strange and maybe you can represent the citizens on West Dryden Road. Finally, I have included in my written comments a link to a video highlighting the work of Larry Kellerman (http://www.eenews.net/tv/2016/01/12). who argues that utilities can be bought and run responsibly. I'm not sure what this means for forward-thinking small towns like Dryden, but the energy scene is changing, and I think this new board, running and winning on the platform of "Protect Dryden," is in position to find out what is possible in locally promoting a better energy future. Dave Bradley, 45 Mill Street, Dryden, said the prices of oil are staggeringly low. While many think this is a good, there is a flip side to this. It has endangered about half a trillion dollars in financial assets. These companies will go bankrupt at much faster rates than they have been. When you are selling methane at less th an it costs to get it out of the road, people tend to go bankrupt. Unregulated capitalism tends to go plus or minus with a vengeance. They are extracting expensive methane via fracking and can’t sell it. Renewables are cheaper. The pipeline proposed to be installed is owned by the largest owner of wind turbines in the world, Iberdrola. They assume it will make them some money. What happens is when methane prices spike, demand goes down and it turns out that consumers are stuck with the unwarranted cost of an obsolete pipeline that will supply nothing to less and less people because it is less and less affordable. He hopes the town will get together with other governmental entities in Dryden (schools, villages and anyone else that uses taxpayer money) and try to arrange ways of avoiding the purchase of fossil fuels. They could buy electricity from renewable sources (such as a commercial wind farm). That way you are not putting taxpayer money in this obsolete method of burning fossil fuels. There are about 100 sq miles in Dryden. If you put approximate one turbine every 4 square miles, that’s basically $25,000 per turbine per year, or roughly half a million dollars in revenue to the town and its residents. By avoiding fossil fuel and going with renewables you can make a lot of money. Chuck Geisler, 517 Ellis Hollow Creek Road, said he appreciates the public service work of the board and the people that came out because they are paying attention to the issues in Dryden. We are the eye of a couple of very important storms and issues. Roughly a year ago Sustainable Tompkins presented an overview of what the Town of Dryden is doing in construction and renewable energy building strategies were spoken to in that presentation with data and facts. Developers are flocking to do this. The video presupposes a12% return on investment pre tax and a 75% energy efficiency rate in current building and future building. We should incorporate that into the encouragement that we give to people coming into the town. Construction provides jobs, affordable housing, green living and smart growth in our town. The Superintendent of Owego schools was at that presentation in this room. They lost their high school in Tropical Storm Lee, just reopened. They have 120,000 sq feet of institutional space totally powered by renewable sources and state of the art construction. He encouraged the board to visit the vast array of municipalities and organizations and invite them to come here to see what we are doing and let’s go there. There is a bank of experience that we should take advantage of. (see attached information) TOWNCLERK RESOLUTION #29 (2016) – APPROVE MINUTES Supv Leifer offered the following resolution and asked for its adoption: TB 1-21-16 Page 18 of 34 RESOLVED, that this Town Board hereby approves the meeting minutes of December 10 and December 17, 2015. 2nd Cl Sloan Roll Call Vote Cl Sloan Yes Cl Lavine Yes Cl Cipolla-Dennis Abstain Cl Lamb Abstain Supv Leifer Yes RESOLUTION #30 (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 January 4, 2016. 2nd Cl Sloan Roll Call Vote Cl Sloan Yes Cl Lavine Yes Cl Cipolla-Dennis Yes Cl Lamb Yes Supv Leifer Yes HIGHWAY/DPW SUPERINTENDENT Highway Superintendent Rick Young stated the Highway Department needs a new permit to work in the state rights of way. The board had no issue with it. R Young reported regarding the work completed on the 2015 §284 Agreement:  Completed Baker Hill Road starting at Route 366 and ending at Mt Pleasant Road  Completed Herman Road starting at Route 38 and ending at Fall Creek Road intersection  Completed Royal Road starting at Hanshaw Road to the end of Royal Road  Completed Hile School Road starting at intersection of Ed Hill Road and ending at Red Mill Road intersection  Completed East Malloryville Road from North Road to Gulf Hill Road  Completed Bear Circle  Partially completed Genung Circle  Partially completed McClintock Road  Completed Keith Lane  Completed George Road  Completed a section of Lake Road  Completed Caswell Road Supv Leifer asked about an encumbrance for Southworth Road that was part of the budget mods. R Young said part of Southworth Road (from the Village line out) was not completed and that encumbrance is for the remainder of work to be done. The §284 Agreement for 2016 outlines work to be done on Simms Hill Road, Mt Pleasant Road, Snyder Hill Road, North Wood Road, Genung Circle, North Landon Road, TB 1-21-16 Page 19 of 34 Genung Road, Yellow Barn Road, Hunt Hill Road and Hart Road. Copies of the agreement are available on the website. RESOLUTION #31 (2016) – APPROVE 2016 §284 AGREEMENT Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the 2016 §284 Agreement calling for spending $1,412,822.00 in general repairs upon the 118.9 miles of road repairs and listing roads scheduled for repair. 2nd Cl Cipolla-Dennis Roll Call Vote Cl Sloan Yes Cl Lavine Yes Cl Cipolla-Dennis Yes Cl Lamb Yes Supv Leifer Yes Board members signed the agreement. Supv Leifer reviewed the budget mods for highway and said they were re -doing one from last week for the CHIPS funding. There is a reimbursement from the City of Buffalo from when Highway staff helped during the big snow storm in Buffalo last year. More reimbursement is expected from FEMA but we aren’t sure when. RESOLUTION #32 (2016) – APPROVE HIGHWAY BUDGET MODIFICATION Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the following budget modifications for the 2016 budget: To DA2701 Refund of Prior Year Exp 1,472.00 To DA5140.4 Misc Contractual 1,472.00 To DA2701 Refund of Prior Year Exp 33,073.44 To DA5130.2 Equipment 33,073.44 And the following budget mods for the 2015 budget: From Acct To Acct Amount A1490.1 Public Works A1490.111 Public Works Benefit 13,350.00 A1490.4 Public Works Contractual A1620.401 DPW purchases for Town Hall 7,600.00 A1490.4 Public Works Contractual A1620.402 Utilities 700.00 A1490.4 Public Works Contractual A5010.4 Supt Contractual 2,000.00 A5132.4 Garage Contractual A5020.4 Hwy Engineering Contractual 1,450.00 A5132.4 Garage Contractual A5182.4 Street Lighting Contractual 50.00 DA5120.4 Bridges Contractual DA5130.1 Machinery Personnel 39,110.00 DA5130.111 Machinery Pers. Benefit DA5130.110 Machinery Personnel OT 40.00 DA5120.1 Bridges Personnel DA5140.1 Misc Personnel 15,000.00 DA5120.4 Bridges Contractual DA5140.1 Misc Personnel 17,530.00 TB 1-21-16 Page 20 of 34 DA5140.111 Misc Per. Benefits DA5140.110 Misc Personnel OT 195.00 DA5142.1 Snow Removal Personnel DA5142.110 Snow Removal Pers OT 2,000.00 DA5142.1 Snow Removal Personnel DA5142.4 Snow Removal Contractual 6,000.00 DB5112.1 Road Improvements Pers DB5110.1 Street Maint Personnel 30,417.67 DB5110.4 Street Maint Contractual DB5110.1 Street Maint Personnel 49,962.33 DB5110.4 Street Maint Contractual DB5110.110 Street Maint Personnel 420.00 DB5112.1 Road Improvements Pers DB5110.111 Street Maint Pers Benefit 4,670.00 DB5110.4 Street Maint Contractual DB5112.21 Road Impr Equip/Cap 43,991.06 And further resolved that an encumbrance from Account DB5110.4 Street Maintenance Contractual in the amount of $32,853.27 is hereby approved for resurfacing of Southworth Road for work that that was not completed in 2015. 2nd Cl Cipolla-Dennis Roll Call Vote Cl Sloan Yes Cl Lavine Yes Cl Cipolla-Dennis Yes Cl Lamb Yes Supv Leifer Yes R Young reported that not all people in the Yellow Barn Road Water are turning in meter readings and it has become a problem. His staff is not going to residences to read the meters. The other solution is shut the water off, but because it is such an old system he is concerned that the water shutoffs don’t work. He is gathering information on the price on putting cell readers on the meters and will keep the board informed. RESOLUTION #33 (2016) – IN SUPPORT OF PERMIT FOR HIGHWAY DEPARTMENT TO WORK IN STATE RIGHTS OF WAY Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the Highway Superintendent to execute the NYS DOT Highway Work Permit Application for Utility Work and the following undertaking: WHEREAS, the undersigned Town of Dryden ( Municipality, County, Town, City or Village, or any agency of the federal government, hereinafter referred to as "Permittee") from time to time receives permits from the New York State Department of Transportation (hereinafter referred to as the "NYSDOT") and otherwise conducts activities and operations upon highways and/or within right-of-way controlled by the State of New York for such purposes as the obstruction,installation, construction, maintenance and/or operation of facilities; and WHEREAS, Permittee's access and operation upon state right-of-way is conditioned upon compliance with Highway Law Sections 52,103, 203 and/or 234, including the conditions that Permittee assume all responsibility for (a) the temporary control of all modes of traffic (including motorized and non -motorized travel) affected by Permittee's operations, (b) complete restoration of state facilities to their condition prior to permitted use or activity, and (c) all claims, damages, losses and expenses, NOW, THEREFORE, in relation to all operations and/or actions undertaken within state right -of- way, Permittee hereby agrees to the following terms and conditions: TB 1-21-16 Page 21 of 34 1. Permit Applications. Excepting only activities undertaken to protect public safety because of emergency conditions or incidents, Permittee shall provide timely written notice to NySDOT o f operations or activities affecting state right-of-way. Under normal circumstances, a minimum of five business days notice shall be provided. Notification of emergency activities shall be provided to NYSDOT as soon as practicable after the activity. The Permittee shall apply for project-specific permits for activities not allowed under any existing annual permit. Such application shall identify proposed project locations, desired dates/hours, proposed work/activities, traffic control, and site restoration 2. Applicable Rules, Regulations & Conditions. Permittee shall comply with all of the laws, rules and regulations applicable to construction, maintenance activities and operations and shall further comply with such terms and conditions that may be imposed by NYSDOT in connection with permitted activity or operations. Temporary Traffic Control, highway safety appurtenances, and restoration of state facilities shall be completed in accordance with NYSDOT regulations and standards. 3. Site Restoration. Permittee shall, at its own expense, promptly complete the work allowed under each permit and, within a reasonable time, restore State property damaged by its work/activities to substantially the same or equivalent condition as existed before such work was begun as determined by the Commissioner or his/her designee. In the event that the Permittee fails to so restore damaged State property within what the Commissioner deems to be a reasonable time, the Commissioner, after giving written notice to the Permittee, may restore the property to substantially the same or equivalent condition as existed before the Permittee's work/activities, in which case, Permittee agrees to reimburse the reasonable expenses in connection therewith. 4. Payment & Release of Liens. Permittee shall be responsible for the payment of all costs and materials relating to its work in the public right-of-way, and agrees to defend and save harmless NYSDOT against any and all lien claims made by persons supplying services or materials to Permittee in connection with Permittee's work. 5. Indemnity. In addition to the protection afforded to NYSDOT under any available insurance, NYSDOT shall not be liable for any damage or injury to the Permittee, its agents, employees, or to any other person, or to any property, occurring on the site or in any way associated with Permittee's activities or operations, whether undertaken by Permittee's own forces or by contractors or other agents working on Permittee's behalf. To the fullest extent permitted by law, the Permittee agrees to defend, indemnify and hold harmless the State of New York, NYSDOT, and their agents from and against all claims, damages, losses and expenses, including but not limited to, claims for personal injuries, property damage, wrongful death, and/or enviro nmental claims and attorney fees arising out of any such claim, that are in any way associated with the Permittee's, activities or operations under any and all permits issued using this Undertaking. FURTHERMORE, Permittee hereby warrants that the obligations of this Undertaking are backed by the full faith and credit of Permittee. Permittee may insure or bond any of the obligations set forth herein, or may rely upon self-insurance, budgeted funds, or funds for general operations. This Undertaking shall be applicable to all permitted activities and operations undertaken after the date of execution and work initiated while this Undertaking is in effect. This Undertaking may be revoked by the Permittee or rejected by NYSDOT upon thirty days written notice but will continue to apply to all permitted activities/operations that were permitted by virtue of this Undertaking. Unless terminated for the purpose of future activities/operations, this Undertaking shall have a term of twenty (20) years and shall be kept on file to facilitate the issuance of future permits to which it will apply. 2nd Cl Lamb TB 1-21-16 Page 22 of 34 Roll Call Vote Cl Sloan Yes Cl Lavine Yes Cl Cipolla-Dennis Yes Cl Lamb Yes Supv Leifer Yes COUNTY BRIEFING Mike Lane reported he was re-elected Chair of the County Legislature this year. Dan Klein was appointed as Vice Chair. Committee appointments have been made. Martha Robertson will be serving as chair of the Planning, Economic Development, Energy and Environmental Quality Committee. There will be seven members on this committee, showing a serious intent by the county to look at the energy and economic development issues. It is important to find a path forward that is not mutually excl usive. He understands that Iberdrola is no longer the direct owner of NYSEG. It has formed another company called Avagrid, which is a US based company, a stock company, and he understands that Iberdrola still owns the majority interest in it. Martha Robertson said she appreciates being appointed to chair this committee. She is also chair of the housing fund which is the partnership among Cornell and the City and County that supports affordable housing with about $600,000 a year in targeted projects. She also serves as a liaison to the home ownership committee that reviews affordable homes to be sold to homeowners and reviews applications for potential buyers for their qualifications for subsidized loans/mortgage support. Even though it seems like there is a lot of building in Tompkins County, we are falling further behind in terms housing needs. The County did a housing needs assessment in 2006 and they are doing a re-do of that right now. In about two weeks they will release a survey so that people who live and work in Tompkins County can go online (paper will also be available) and complete a survey of housing. They will determine what there is, what people would like, and try to identify the needs and the demands in the county. They expect the needs assessment to be completed in April. The 2006 needs assessment determined we needed 4000 new units county wide by 2016. That did not count students. At the time it looked like a stable population and they didn’t want to confuse the picture with students. According to a recent article, we’ve built about 2,000 new units across the county in those ten years. It also turns out that the student population was not stable. During that time Cornell added 2400 new graduate and undergrad students. So things are getting worse. Cornell plans to add another 1300 students in next five years. Cornell is preparing a housing master plan. It was also noted that 50-60% of their current staff and faculty will retire in next five or ten years and many will likely stay in the area. We definitely need more housing and it is getting worse. M Robertson said she appreciates the depth of the conversations with the 902 developer and strongly supports that project. We need housing at all price points. It does have to be in the right place. We need it to be energy efficient and use renewable energies. This is the kind of developer we need to encourage, someone who listens to the community and responds. Unfinished Business RESOLUTION #34 (2016) – APPOINT DRYC CHAIR TB 1-21-16 Page 23 of 34 Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby appoints Kathy Servoss to serve as Chair of the Dryden Recreation and Youth Commission. 2nd Cl Cipolla-Dennis Roll Call Vote Cl Sloan Yes Cl Lavine not present Cl Cipolla-Dennis Yes Cl Lamb Yes Supv Leifer Yes Planning Board Chair appointment was tabled at the organization meeting because he hadn’t heard from Joe Laquatra. He has since said he would continue to serve. The board also needs to appoint a planning board member and alternate. RESOLUTION #35 (2016) – APPOINT PLANNING BOARD CHAIR Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby appoints Joseph Laquatra to serve as Planning Board Chair for 2016. 2nd Cl Lamb Roll Call Vote Cl Sloan Yes Cl Lavine not present Cl Cipolla-Dennis Yes Cl Lamb Yes Supv Leifer Yes Supv Leifer explained that the budget line for dog control officer was not clear with respect to the amount to be paid for 2016 and that the intent had been to keep it in line with town employee increases of 2%. It was $5,184 in 2015. RESOLUTION #36 (2016) – ESTABLISH DOG CONTROL OFFICER SALARY Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby sets the salary for dog control officer for 2 016 at $5,288.00. 2nd Cl Cipolla-Dennis Roll Call Vote Cl Sloan Yes Cl Lavine not present Cl Cipolla-Dennis Yes Cl Lamb Yes Supv Leifer Yes R Burger presented the Planning Department report for 2015 (attached) and reviewed it with the board. He explained that it is on the conservative side because it may not have captured the first four months of the year due to new procedures. It also shows the services provided to the Village of Dryden under the town’s contract with them. There will be two site plan reviews next week by the Planning Board. One is for a duplex in Varna and one is for a new business near the intersection of Route 13 and 366. TB 1-21-16 Page 24 of 34 With respect to the anticipated work to be done in Varna, Ray Burger explained that the amount of TIP funding is about $700,000 to be broken out over the next two years. The main construction will likely be in 2016 or 2017. Supv Leifer had a meeting with R Young and Jim Skaley. Because of the infrastructure consolidation study, they are gett ing a more detailed view of what is actually in Varna. There will also be a cost analysis to give us some ballpark figures for doing various utility upgrades as well as possibly burying electrical lines. There will be a menu of options with some costs associated. The Planning Department budget mod last week needs to be changed. R Burger explained the Accela software is used for tracking all the building permits and such. It is a repository for all the documents and is a tracking database. It costs $8,600 this year and they only had $8,000 in the budget line so they had to move some funds. RESOLUTION #37 (2016) – APPROVE BUDGET MODIFICATION Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby amends the amounts in Resolution #23 to reflect the following amounts for the budget codes below for 2015: From Acct To Acct B3620.402 CEO 1 contractual B3620.406 Software Annual Maint. 371.41 B3620.403 CEO 2 contractual B3620.406 Software Annual Maint. 862.59 2nd Cl Cipolla-Dennis Roll Call Vote Cl Sloan Yes Cl Lavine Yes Cl Cipolla-Dennis Yes Cl Lamb Yes Supv Leifer Yes RESOLUTION #38 (2016) – APPOINT PLANNING BOARD MEMBER & ALTERNATE Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby reappoints Martin Moseley to the Planning Board for a term to expire December 31, 2022, and Joseph Wilson to serve as alternate for 2016. 2nd Cl Sloan Roll Call Vote Cl Sloan Yes Cl Lavine Yes Cl Cipolla-Dennis Yes Cl Lamb Yes Supv Leifer Yes Cl Lavine left the meeting at 10:15 p.m. TB 1-21-16 Page 25 of 34 Pinckney Road Purchase Board members have received and reviewed the SEQR Part I describing the project. The board reviewed Part 2. Q1 – Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? Cl Leifer said there is a record of discussions about the town plan and open space and recreation uses. There is no impact to policies already in place. Q2 – Will the proposed action result in a change in the use or intensity of use of land? Cl Leifer said it doesn’t. It is undeveloped now and when there is development it will be for recreational purposes. Q3 – Will the proposed action impair the character or qualify of the existing community? Cl Leifer said no, that will likely enhance the neighborhood. Q4 – Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? No, we don’t have any. Q5 – Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? No, we will be getting part of a walkway – not adverse. Q6 – Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? No impact. Q7 – Will the proposed action impact existing: a. Public or private water supplies? No. b. Public or private wastewater treatment utilities? No. Q8 – Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? No. It will protect a grove of oak trees. Q9 – Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? No. Q10 – Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? No. Q11 – Will the proposed action create a hazard to environmental resources or human health? No. Supv Leifer reviewed the Part 3 Determination of Significance with the board. With respect to Part 1, Q8a – the town may build a small parking lot off Pinckney Road in order to keep vehicles from parking along the road. With respect to Part 1, Q13 and Q16, the plan for the parcel is to help protect the Fall Creek, the floodplain and the bridge. There are no plans at this point to do any development work other than a possible trail that will not be located near the water. Building of any structures will trigger another review process. RESOLUTION #39 (2016) – NEG SEQR DEC – Pinckney Road Parcel Purchase Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, TB 1-21-16 Page 26 of 34 A. The proposed action involves a) the purchase of real property at the southea st corner of Pinckney Road where it crosses Fall Creek in the Town of Dryden, for the purposes of establishing a public park and providing recreational opportunities to the public, and b) entry into funding agreement with Tompkins County. 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 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 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 completed and signed EAF and determination of significance shall be incorporated by reference in this Resolution. 2nd Cl Lamb Roll Call Vote Cl Sloan Yes Cl Cipolla Dennis Yes Cl Lamb Yes Supv Leifer Yes The board considered a resolution authorizing the purchase of the property to establish a park and provide recreational opportunities to the public. RESOLUTION #40 OF 2016 - AUTHORIZING PURCHASE OF REAL PROPERTY FOR THE PURPOSES OF ESTABLISHING A PUBLIC PARK AND PROVIDING RECREATIONAL OPPORTUNITIES TO THE PUBLIC 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 TB 1-21-16 Page 27 of 34 WHEREAS, the Town Board of the Town of Dryden adopted “Methods and Selection Criteria for Land Protection and Acquisition” by resolution # 47(2015) on February 19, 2015, upon recommendation of the Conservation Board; and WHEREAS, an approximately 15-acre parcel of vacant land located on Pinckney Road and bordering on Fall Creek in the Town of Dryden, which parcel is currently designated as Town of Dryden tax parcel number 44.-1-2.323 and is currently owned by Jean Hoag (“the Hoag-Harvey Parcel”), was placed on the market for sale; and WHEREAS, the Town Conservation Board evaluated the parcel, found that it meets 18 of the 27 criteria in the Town’s “Methods and Selection Criteria for Land Protection and Acquisition,” and passed a resolution on April 28, 2015 recommending that the Town Board approve the acquisition of the Hoag-Harvey Parcel as a vital addition to the Town’s conservation lands; and WHEREAS, the Dryden Recreation and Youth Commission adopted a resolution on August 26, 2015 in support of the Town’s purchase of the Hoag -Harvey Parcel because of its strategic value from both a recreation and youth programs perspective; and WHEREAS, the Town Board, by resolution #136 (2015), adopted on September 10, 2015, resolved that it wished to explore the purchase of the Hoag-Harvey Parcel, and appointed Deputy Supervisor Jason Leifer and Planning Director Ray Burger to negotiate for the purchase of this parcel with a price not to exceed 122% of the appraised value reported by North East Appraisals and Management Company and that any purchase contract with complete terms would be presented for a vote of the full board; and WHEREAS, said appraised value was $57,000; and WHEREAS, the Town of Dryden entered into a Purchase and Sale Contract (“the Contract”), a copy of which is attached hereto, for the Hoag-Harvey Parcel on September 14, 2015 for the sum of $62,700, plus payment of the Seller’s closing costs in an amount not to exceed $7,100; and WHEREAS, the Contract is contingent upon approval by the Town Board; and WHEREAS, the Tompkins County Legislature by resolution adopted on December 1, 2015 appropriated $6,500 in 2015 funding from the Capital Reserve Fund for Natural Scenic and Recreational Resource Protection for the purpose of securing the Hoag -Harvey Parcel in collaboration with the Town for the purposes of conservation and providing future recreation opportunities, and the Tompkins County Planning, Energy, and Environmental Quality Committee of the Tompkins County Legislature further authorized the use of $8,500 in funds from the Tompkins County Stream Corridor Restoration and Flood Hazard Mitigation Program to further support this acquisition and to formally protect the stream buffer and floodplain of Fall Creek and its tributaries, subject to the Town of Dryden entering into a written agreement with the County of Tompkins to establish stream buffers on Fall Creek and its tributaries, and support collaborative stream restoration work on and adjacent to the parcel; WHEREAS, Town Law §220(3) requires that the Town’s acquisition of land for public parks and playgrounds, and the equipping of the land with suitable buildings, structures, and apparatus be subject to a permissive referendum under Town Law §90 and 91; and WHEREAS, §247(3) of the General Municipal Law provides that the acquisition of interests or rights in real property for the preservation of open spaces is a public purpose for which public funds may be expended and that such acquisition requires a public hearing subject to due notice; and TB 1-21-16 Page 28 of 34 WHEREAS, a public hearing on the proposed acquisition of the Hoag-Harvey Parcel was held on January 21, 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 Ith aca Journal on January 14, 2016; and WHEREAS, the Town Board on January 21, 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 the purchase of the Hoag-Harvey Parcel; NOW, THEREFORE, BE IT RESOLVED that the Town Board adopts the recommendation of the Conservation Board for the purchase of the Hoag-Harvey Parcel; and be it further RESOLVED that the Town Board finds that the purchase of the Hoag-Harvey Parcel meets 18 of the 27 criteria in the Town of Dryden’s “Methods and Selection Criteria for Land Protection and Acquisition,” as identified in the resolution adopted by the Conservation Board on April 28, 2015; and be it further RESOLVED that the Town Board finds that the Hoag-Harvey Parcel is suitable for a public park and recreation for reasons including, but not limited to, ease of access and proximity to residents of the Town; and be it further RESOLVED that, pursuant to the provisions of Town Law §220(3), the Town Board hereby authorizes and approves the purchase of the Hoag-Harvey Parcel by the Town on the terms set forth in the Contract dated September 14, 2015, at a cost to the Town of Dryden not to exceed $62,700, plus payment of the seller’s closing costs in an amount not to exceed $7,100, plus property tax and recording charges not to exceed $2,000; and further approves the proposed use of the Hoag-Harvey Parcel as a public park and to provide recreational opportunities to the public, subject to a permissive referendum; and be it further RESOLVED that, pursuant to Town Law §90 and 91, within ten (10) days from the date of this resolution, the Town Clerk, in the same manner as provided for notice of a special election, shall post and publish a notice which shall set forth the date of adoption of this resolution, shall contain an abstract of such resolution concisely setting forth the purpose and effect thereof, shall specify that this resolution was adopted subject to a permissive referendum; and shall publish such notice in the Ithaca Journal, a newspaper published in Tompkins County having general circulation in the Town, and in addition thereto that the Town Clerk shall post or cause to be posted on the sign-board of the Town, a copy of such notice within ten (10) days after the date of the adoption of this resolution. 2nd Cl Cipolla-Dennis Roll Call Vote Cl Sloan Yes Cl Cipolla-Dennis Yes Cl Lamb Yes Supv Leifer Yes Cl Leifer said that when they talked about purchasing the property one of the reasons he insisted the money come from this fund is because it is already encumbered for this purpose. He didn’t want to take funds from the unreserved fund balance. The resolution establishing that recreation reserve covers purchases like this, not only for the land, but also for later development. He considered it one of the conditions of making the purchase. He understands there may be a referendum on it, but that’s fine. TB 1-21-16 Page 29 of 34 Cl Cipolla-Dennis said with the budget situation the way it is right now, it is important to stick to the budget that was put together. She agrees we should use these reserve funds. When property becomes available like this we have to take advantage of it because it doesn’t happen often. This is the right way to purchase and it is an investment in our future. RESOLUTION #41 OF 2016 - AUTHORIZING USE OF FUNDS FROM THE TOWN OF DRYDEN RECREATION CAPITAL RESERVE FUND TO PURCHASE REAL PROPERTY FOR THE PURPOSES OF ESTABLISHING A PUBLIC PARK AND PROVIDING RECREATIONAL OPPORTUNITIES TO THE PUBLIC Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, the Town Board of the Town of Dryden established the Town of Dryden Recreation Capital Reserve Fund (“the Recreation Reserve Fund”) by resolution #158 adopted on September 9, 2009, for the purpose of accumulating all or part of the costs related to the development and/or improvement of recreation facilities, fields, parks, trails, and other related assets in the Town of Dryden; and WHEREAS, pursuant to General Municipal Law §6-c, an expenditure from the Recreation Reserve Fund requires authorization by the Town Board, and such authorization is subject to a permissive referendum; and WHEREAS, the Town Board adopted a resolution on January 21, 2016 authorizing the purchase of an approximately 15-acre parcel of vacant land located on Pinckney Road and bordering on Fall Creek in the Town of Dryden, which parcel is currently designated as Town of Dryden tax parcel number 44.-1-2.323 and is reputedly owned by Jean Hoag (“the Hoag- Harvey Parcel”), for the purposes of establishing a public park and providing recreational opportunities to the public; and WHEREAS, purchasing the Hoag-Harvey Parcel for the purposes of establishing of a public park and providing recreational opportunities to the public falls within the purposes for which the Recreation Reserve Fund was established; NOW, THEREFORE, BE IT RESOLVED that the Town Board authorizes the following expenditures from the Town of Dryden Recreation Capital Reserve Fund: The purchase of the Hoag-Harvey Parcel at a cost to the Town of Dryden not to exceed $62,700, plus payment of the seller’s closing costs in an amount not to exceed $7,100, plus property tax and recording charges in an amount not to exceed $2,000; and be it further RESOLVED that any and all funds received by the Town of Dryden from the County of Tompkins towards the purchase and protection of the Hoag -Harvey Parcel will be deposited into the Town of Dryden Recreation Capital Reserve Fund; and be it further RESOLVED that, pursuant to General Municipal Law §6 -c, this resolution is subject to a permissive referendum. 2nd Cl Cipolla-Dennis Roll Call Vote Cl Sloan Yes Cl Cipolla-Dennis Yes Cl Lamb Yes Supv Leifer Yes TB 1-21-16 Page 30 of 34 RESOLUTION #42 (2016) – AUTHORIZE AGREEMENT WITH TOMPKINS COUNTY FOR PINCKNEY ROAD PARCEL Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves an Agreement with Tompkins County that the town will manage the Pinckney Road parcel and the County will provide $15,000 from its Capital Reserve Fund for Natural, Scenic and Recreational Resource Protection and its Tompkins County Stream Corridor Restoration and Flood Hazard Mitigation Program toward the acquisition of the property, and the Supervisor is authorized to execute the same. 2nd Cl Lamb Roll Call Vote Cl Sloan Yes Cl Cipolla-Dennis Yes Cl Lamb Yes Supv Leifer Yes Advisory Board Updates Conservation Board - Bob Beck submitted the attached report. Recreation & Youth Commission – K Servoss distributed the attached report. She asked the board to help recruit people to fill the three vacancies on that board. The 2015 annual report will be coming soon. Ag Committee – Cl Leifer reported that Deb Teeter is looking to get George Franz on board to do the zoning review with an eye on how zoning affects agriculture. New Business The board introduced a zoning amendment Cl Leifer said they would talk about it at length at the agenda meeting. RESOLUTION #43 (2016) – INTRODUCE AMENDMENT TO ZONING LAW Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby introduces the following amendment to the Town of Dryden Zoning Law and sets the public hearing on the same for February 18, 2015 at 7:05 p.m. Proposed amendment to the Town of Dryden Zoning Law LOCAL LAW NO. ___OF THE YEAR 2016 A LOCAL LAW TO AMEND THE TOWN OF DRYDEN ZONING LAW TO ADD DENSITY REGULATIONS FOR THE RURAL RESIDENTIAL, RURAL AGRICULTURAL, NEIGHBORHOOD RESIDENTIAL, AND CONSERVATION DISTRICTS, AND SPECIFY THE REVIEW REQUIRED. Be it enacted by the Town Board of the Town of Dryden as follows: SECTION 1. A new section 606 of the Zoning Law is hereby enacted to read as follows: TB 1-21-16 Page 31 of 34 Section 606: Density in the Rural Residential and Rural Agricultural districts: Single-, Two-, and Multi-Family dwellings are permitted subject to a maximum allowable density of 2 Dwelling Units per acre with a maximum of 10 Dwelling Units per lot. Subject to the foregoing limits the maximum number of Dwellings that can be built on a lot is the equal to maximum number of conforming lots that could be created if the lot were subdivided, as calculated by the Town Planning Director. This determination by the Town Planning Director of the maximum number of Dwellings shall be recorded in the Tompkins County Clerk’s Office and cross-referenced to the deed of the lot in question and the maximum number of Dwellings for said lot shall not increase even if said lot is thereafter subdivided. The following review is required: These provisions shall not apply to farm worker housing on lots on which a Farm Operation is conducted. SECTION 2. A new section 607 of the Zoning Law is hereby enacted to read as follows: Section 607: Density in the Neighborhood Residential and Conservation districts: In the Neighborhood Residential District only one Single -Family Dwelling plus one Accessory Unit Dwelling is allowed. In the Conservation District only the following is allowed: one Single-Family Dwelling plus one Accessory Unit Dwelling, or one Two-Family Dwelling. SECTION 3. The Allowable Use Groups Chart in Section 501 is amended to read “See Sect ion 606” for the following uses: “Dwelling, multi-family”; “Dwelling, single-family”; and “Dwelling, two-family” under the RR and RA districts. The Allowable Use Groups Chart in Section 501 is amended to read “See Section 607” for the following use: “Dwelling, single-family” under the NR district. The Allowable Use Groups Chart in Section 501 is amended to read “See Section 607” for the following uses: “Dwelling, single-family”; and “Dwelling, two-family” under the CV districts. SECTION 4. Section 501 B) of the Zoning Law is hereby amended by addition of the following language: “4) wherever specifically required by other sections of this law.” SECTION 5. This local law shall take effect upon filing in the office of the Secretary of State. SECTION 6. The provisions of this local law are severable. If any court of competent jurisdiction decides that any section, clause, sentence, part or provision of this local law is illegal, invalid, or unconstitutional, such decision shall not affect, impair, or invalidate any of the remaining sections clauses, sentences, parts, or provisions of the Local Law. SECTION 7. This local law shall supersede or repeal any prior inconsistent Local Law. FURTHER RESOLVED, that the Planning Director provide the amendment to the Planning Board so that they could review and provide comment to the Town Board by its meeting on February 11, 2015. 2nd Cl Sloan Roll Call Vote Cl Sloan Yes Cl Cipolla-Dennis Yes Cl Lamb Yes Supv Leifer Yes Number of Dwellings on a lot Review required 1 Single- or Two-Family Dwelling No SPR or SUP required 2-4 Single or Two-Family Dwellings SPR (Site Plan Review) All others SUP TB 1-21-16 Page 32 of 34 The board reviewed a proposed resolution limiting appointments to one board per person at a time, whether as a regular member or an alternate. Cl Leifer said it should increase the diversity on the different advisory boards. He acknowledged that we need to reach out better to get more people involved. RESOLUTION #44 (2016) – ADVISORY BOARD APPOINTMENT RESTRICTIONS Supv Leifer offered the following resolution and asked for its adoption: Whereas, the Town Board is responsible for appointing residents to the Planning Board, Conservation Board, Zoning Board of Appeals, Dryden Recreation and Youth Commission, and the Agricultural Advisory Board (hereinafter Advisory Boards), the purpose of which is to assist the Town Board in making decisions affecting the Town of Dryden; and Whereas, the Town Board recognizes that because the Advisory Boards have membership numbers established by law or resolution there are limited opportunities for residents to participate as voting members and alternates on said Advisory Boards; and Whereas, the Town Board wishes to include as many residents as possible in the membership of said Advisory Boards; and Whereas, the Town Board recognizes that permitting a single individual to sit as a voting member or alternate on more than one Advisory Board limits the opportunities for residents to participate as voting members and alternates; and Whereas, limiting residents to one appointment as a voting member or alternate on the Town's Advisory Boards will create opportunities for more residents to part icipate in Town Government; and Whereas, creating opportunities for greater participation in Town Government is in the best interests of the Town of Dryden. Therefore, it is hereby resolved by the Town Board of the Town of Dryden that no person shall hold more than one Advisory Board appointment as a voting member or alternate at any one time. 2nd Cl Cipolla-Dennis Roll Call Vote Cl Sloan Yes Cl Cipolla-Dennis Yes Cl Lamb Yes Supv Leifer Yes Planning Board Charge The board has received and reviewed the proposed language. Supv Leifer briefly reviewed the items listed. There was a request to add the task of syncing the zoning law with NYSEG franchise agreement. Cl Cipolla-Dennis said she understood the Planning Board had been reviewing the Comp Plan but that it wasn’t quite finished. Supv Leifer said they had wanted to delay it until they had more feedback from the current Zoning Law. R Burger said TB 1-21-16 Page 33 of 34 they had recommended some minor amendments to the Comp Plan. Cl Cipolla -Dennis suggested the board look at the amendments that were recommended. The board can discuss it further at a later date. RESOLUTION #45 (2016) – CHARGE TO PLANNING BOARD Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that the Town Board hereby charges the planning board to make recommendations to the Town Board on the following items 1) Recommendations to amend Local Law #5 – 2006 – Renewable Energy Facilities Law ADOPTED OCTOBER 5, 2006. a. The Town Board would like to expand opportunities for residents and investors to develop solar and wind resources to take advantage of New York Public Service Law § 66-j. Net energy metering for residential solar, farm waste, non - residential solar electric generating systems, micro-combined heat and power generating equipment, fuel cell electric generating equipment, and micro- hydroelectric generating equipment - See more at: http://codes.findlaw.com/ny/public-service-law/pbs-sect-66- j.html#sthash.N06Peaec.dpuf 2) Review and make recommendations to the Town Board on whether the current use tables in the Town’s Zoning code can be amended to reduce the number of special use permits. 3) Make recommendations about whether site plan review for special use permits should be delegated to the Planning Board. 4) Make recommendations about whether Special Use Permit review should be delegated to the Planning Board. 5) Study and make recommendations about preparing for the adoption of green building codes by the State and/or the Town of Dryden. 6) Fill Law – if there was a formal recommendation to the Town Board please forward this to the Supervisor, if there was not please make a formal recommendation re: a fill law. 7) Sync Town Zoning Law with the Town franchise agreement with NYSEG. The intent is to cover the delivery of both gas and electric utilities. 2nd Cl Lamb Roll Call Vote Cl Sloan Yes Cl Cipolla-Dennis Yes Cl Lamb Yes Cl Leifer Yes Marty Moseley told the board that more restrictive building code requires approval by the Codes Council in Albany. NYS is requiring the updated 2013 commercial and residential energy efficiency code to be in effect this year. Town Clerk Budget Mod The modification approved last week was incorrect and a new one has been prepared. RESOLUTION #46 (2016) – APPROVE BUDGET MOD – TOWN CLERK TB 1-21-16 Page 34 of 34 Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby rescinds Resolution #25 and approves the following budget modification for 2015: From Acct To Acct A1460.401 Records Management Cont A1330.4 Receiver of Taxes Contractual $386.51 2nd Cl Cipolla-Dennis Roll Call Vote Cl Sloan Yes Cl Cipolla-Dennis Yes Cl Lamb Yes Supv Leifer Yes RESOLUTION #47 (2016) – DISPOSE OF OUTDATED EQUIPMENT Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the disposition of the following outdated equipment by listing it for sale, delivering it to the recycle center, or otherwise disposing of it: Unused/Outdated Equipment: Desktop Dell Optiplex 390 6LTZXR1 Laptop HP Probook 4710s CNU938CKG9 Cell phone LG-ATT 809KPAE107112 Cell phone iPhone 4 A1332EMC380A Cell phone Rugby II ATT 358369048116153 Cell phone Breeze II ATT 012177007321195 Cell phone Nokia 6350 ATT 351975034293066 Cell phone LG C2000 Cingular 010847002627844 2nd Cl Lamb Roll Call Vote Cl Sloan Yes Cl Cipolla-Dennis Yes Cl Lamb Yes Supv Leifer Yes There being no further business, on motion made, seconded and unanimously carried, the meeting was adjourned at 11:00 p.m. Respectfully submitted, Bambi L. Avery Town Clerk