HomeMy WebLinkAbout2017-11-16TB 11-16-17
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TOWN OF DRYDEN
TOWN BOARD MEETING
November 16, 2017
Present: Supervisor Jason Leifer, Cl Daniel Lamb, Cl Linda Lavine,
Cl Deborah Cipolla-Dennis, Cl Kathrin Servoss
Elected Officials: Bambi L. Avery, Town Clerk
Rick Young, Highway/DPW Superintendent
Other Town Staff: Ray Burger, Director of Planning
Susan Brock, Town Attorney
Supv Leifer opened the meeting at 7:00 p.m. Board members and audience recited the
pledge of allegiance.
AG PLAN PRESENTATION
Monika Roth and Debbie Teeter of Cornell Cooperative Extension gave a presentation of
the Town of Dryden Agriculture and Farmland Protection Plan. They have worked with the
town’s Ag Committee on this plan for the past few years under a grant from NYS Department of
Agriculture and Markets. There has been committee input, three community meets for farmers
and landowners and surveys. Monika Roth and Debbie Teeter served as advisors and George
Frantz worked as a consultant. In Dryden there has been an addition of 1500 acres of land
that has come back into agriculture production. Dryden has the second highest Ag product
sales in Tompkins County. There is quite a bit of Ag land and farms under permanent
easement (1,266 acres). There are 100 jobs on the town’s 55 farms and 58 enterprises
associated with those farms. Agriculture has good strength in the town. There is a diverse
farm community in the town, and there are five dairy farms left in the town. Challenges for
farms were reviewed and zoning recommendations made.
The vision of the committee is to encourage farms of all types and sizes and that
enterprises will be able to respond freely to new marketing opportunities.
Lands to protect include those in the county Ag district, actively farmed farmland and
land with prime soils and soils of statewide importance. Part of Dryden (northeast section) is
included in the County’s Ag Resource Focus area (designated by looking at prime soils). They
suggest the town support farms looking to sell their development rights when those
opportunities come along.
Implementation suggestions and recommendations include keeping the Ag Committee
informed of activities impacting agriculture, providing staff to the committee to move forward,
raising the status of the committee to a board (similar to the Conservation Board), and honor
matters pertaining to agriculture in the town’s Comprehensive Plan.
Other boards and committees should provide comment on the plan and it will continue
to be edited. There is a requirement for a public hearing, after which the town board can
approve the plan. The County Ag & Farmland Board has already endorsed the plan as written,
understanding that there may be changes. The plan will ultimately go to Ag & Markets for final
approval.
Comments:
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Recommendations on changes to the use table in our zoning law are helpful and some
had already been identified by other town boards/committees.
It is a great resource and helps identify where the trends are heading.
Promotion of agri-tourism and farm markets could include w orking with the Chamber of
Commerce, putting farm outlets on a map on the web so people in the community know
where to buy local.
Dryden has more farm markets than any other town in the county.
There is legislation in the works to change liability insurance for equine operations to be
more in line with other Ag businesses.
Dryden is lacking wedding venues.
There is demand for commercial kitchen and processing space.
Land contiguous to already protected farmland is a high priority area per NYS Ag &
Markets.
The board would like comments on the plan from the town’s other boards and will need
to hold a public hearing and then approve the plan.
TOWN CLERK
RESOLUTION #140 (2017) – APPROVE MINUTES
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves the meeting minutes of October 12
and October 19, 2017.
2nd Cl Cipolla-Dennis
Roll Call Vote Cl Lavine Yes
Cl Cipolla-Dennis Yes
Cl Servoss Yes
Cl Lamb Yes
Supv Leifer Yes
CITIZENS PRIVILEGE
Brad Perkins spoke regarding the amendments to solar law. There are two companies
proposing to build solar in our town and the board has moved quickly to allow them to do this.
They came in and helped us create a solar law. They knew what it was, knew what our zoning
was and now, if he understands this, the town is proposing to sweeten the pie some more and
reduce some of our zoning restrictions, specifically for these two applications and f uture
applications. That is risky and might lead us other challenges in that some of these are
already in the litigation stage. He thinks it is careless and the wrong time. He asked the board
to not amend the solar law to change any setbacks, but if the board is going to that he said the
board is increasing the density allowed for solar panels. Therefore it would only make sense to
say to Sun8 that they could now move back away from the Osmeloskis and away from the
cemetery because they can put more pan els in less space. Herd them back a little bit and give
the people what they’ve asked for. He represents 7500 dead people at the cemetery, 2900
families that are lot owners. Multiply by the family size and that is a lot of people. 750 of
those people were polled and received 350 responses. Two out of 350 said solar is great, put it
any place we can put it. Those comments were pretty well ignored as the board voted
unanimously to grant permits and march right on through different stages. He thinks now is
premature, with these things in litigation, to be changing the setback requirements, but if they
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are going to change he expects that should make the density factor allow them to be moved
further away from the cemetery and the Osmeloskis.
He thanked the board for serving and said he hopes the board finds a way to bring the
town together because it has been very innovative in making a wide divide in it. Every board
member has actively participated in that by not listening to the Planning Board and not
listening to the citizens.
David Weinstein expressed concern regarding the bridge projects. The Varna
community has emphasized they want to be involved during process of de ciding what needed to
be done on the bridge so they could understand issues and the criteria being used for repair or
replacement. He advocated for a committee of community members to work with the engineers
to create a dialogue, but that didn’t happen and now they see a completed environmental
impact statement with a project that seems like a done deal. It is exactly what they feared;
that a decision would be made and they wouldn’t understand why it was made. We s till need a
committee to work with the engineers. There are numerous mistakes in the EIS that could
have been corrected if community members were involved. He encouraged the board to tell
engineers to involve the community. They need a series of meetings and a committee to help
everyone else understand. If you want to set up a situation where you have opposition to a
project instead of community buy -in, this is a perfect scenario for generating opposition. The
vast majority of people that live in the area are for keeping the existing bridge and they need to
understand what is happening.
Supv Leifer said there will be a public hearing and public meetings will be scheduled in
Varna about this. The reason for this SEQR is that we have to bond out and we can’t bond
without SEQR. SEQR doesn’t dictate how the bridge will be designed. They have to present
every single option. The town has about 16 months until construction has to begin.
Sarah Osmeloski thinks that reducing the setback on the internal lot lines is a good
idea and that 100’ between is a bit much. We need to have some alley ways between the
parcels for wildlife movement. The only wildlife corridor that was incorporated in these two
plans is on Dodge Road. That was given as a concession that shouldn’t have been a concession
had they observed the 50’ setbacks. She agrees with what the Planning Board passed last
night on the 15’ setbacks. That would give plenty of room to break up the sea of solar panels
visually and allow wildlife movement. She also feels that included in this we should move the
setbacks away from the perimeter properties. Reasons are:
(1) To relieve the feeling of encroachment for those that border these large facilities;
(2) Trees planted on the perimeter properties could cause a shading problem; and
(3) 50’ setbacks for the perimeter could be problem with fire departments not being able to fight
fires on these properties without encroaching on the perimeter properties. The fire department
shouldn’t run the risk of electrocuting themselves if they should get water on the panels. If we
could increase the perimeter setbacks a little bit and have some kind of smaller, more
conservative alleyways between the parcels, it would be good. We need to r emember these
parcels can only contain 2MW so there is a limit to how many solar panels can be put on them
anyway.
Joe Osmeloski thinks the board should amend solar law. He recommends three
things.
(1) The 50’ setback from the perimeter should be increased to 100’ minimum.
(2) A density clause. 2150 Dryden Road is in litigation and something will probably eventually
happen there. The Carpenter farm is also getting a solar farm. The newest lawsuit is where
Distributed Sun is suing Dynamic Energy. He read from #66 in the lawsuit: Also during the
conference call, Mr. Pinney’s attorney said that Mr. Pinney was willing to purchase a large
parcel of land directly across from the Property [at 2150] in order to lease to Dynamic. So
there is another solar farm within a mile radius. We just can’t have that. We can’t ravage one
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part of the town. There should be a density clause in this that restricts a 3-5 mile radius with
one large solar facility.
(3) There should be a per acreage limit. We have the daisy-chaining where they can subdivide
the plot and put in 2 MW. We should have a per acre, such as 6 MW per 50 acres. Probably
we could fit 6 MW next to him and not ruin the cemetery and his property.
Laurie Snyder, 36 Freese Road, came tonight because she heard that the Freese Road
bridge proposal would come up tonight. It’s the first time she has seen these documents. She
can’t tell whether the project is one or two lanes or has a pedestrian walkway. Supv Leifer
explained they are not at the design stage yet. The r esolution tonight is to declare lead agency
status for SEQR. There will be a chance to hear more in the design stage.
Marie McRae heard today that the PSC approved the NYSEG alternate plan for mini
compressors to stabilize service to existing gas companies in Lansing. That means the
residents of West Dryden Road are no longer under the threat of having a pipeline go through
their front yards. The alternate plan will cost $4,000,000 as opposed to the original
$18,600,000 proposed for the pipeline. The new order mandates that NYSEG put out an RFP
for other pipeline alternatives to meet the energy needs for growth and economic advantage in
the community.
Cl Cipolla-Dennis thanked all the people involved in the process over the past three and
half years. If citizens hadn’t gotten involved we would already have a pipeline on West Dryden
Road. Cl Lavine noted this equates to a savings of $14,000,000 for the rate payers.
HIGHWAY/DPW DEPARTMENT
Highway Superintendent Rick Young asked for authorization to sell three trucks and
trade three mowers.
RESOLUTION #141 (2017) – AUTHORIZE SALE AND TRADE OF HIGHWAY/DPW
EQUIPMENT
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby authorizes the Highway/DPW Superintendent
to sell the following at surplus auction or by advertisement to bid or to a public entity:
2006 GMC Dump truck, VIN# 1GDE5C3266F433524
2008 Ford Pickup, VIN# 1FTNF21518ED92947
2011 Chevrolet Pickup, VIN# 1GCNKSE09BZ268273
And to trade the following toward the purchase of a new John Deere 3046:
2012 John Deere mower Model 2720 (72” mower) Serial #1LV272HECH510766
2010 John Deere mower Model X720 (54” mower) Serial #MOX720A051733
2000 John Deere Tractor, Model 4700 (72” mower) Serial #LV4700H175341
2nd Cl Lamb
Roll Call Vote Cl Lavine Yes
Cl Cipolla-Dennis Yes
Cl Servoss Yes
Cl Lamb Yes
Supv Leifer Yes
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RESOLUTION #142 (2017) – AUTHORIZE PURCHASE OF TRACTOR
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby authorizes the Highway Superintendent to
purchase a new John Deere 3046 at a cost not to exceed $18,000 and trade.
2nd Cl Cipolla-Dennis
Roll Call Vote Cl Lavine Yes
Cl Cipolla-Dennis Yes
Cl Servoss Yes
Cl Lamb Yes
Supv Leifer Yes
R Young announced he has appointed Christopher Clauson as Deputy DPW
Superintendent. Next month there will be a resolution to purchase a bobcat for use by the
sewer districts.
Cl Lavine said she attended the meeting in Freeville about replacement of the bridge
over Fall Creek on Route 38 in the Village. There was discussion about the possible detour
routes. R Young will attend any meetings necessary with NYSDOT. This is currently in the
planning stages and looking for options.
RECREATION DEPARTMENT
Cl Servoss said there are several volunteer coaches present. Chris Sidle has submitted
a proposal for the future configuration of the Recreation Department and she has forwarded it
to the DRYC. Two of those members are present. Mr. Sidle provided a printed version of the
proposal to board members. He said this is an opportunity to reconfigure how we manage
recreation. People are willing to step up and help run the various sports activities for the kids.
The purpose of the proposal is to offer continuity of recreational services to the greater Dryden
community. It allows for a better investment of the time and efforts of people from the
community. In the past few years we’ve hired three or four people to run the rec department.
For the volunteers it means working with a new person with a new agenda. They s uggest
individual programming groups (music, adult activities, and sport programs already run by
volunteers) each have a representative leader. Their idea is that the board will hire a part time
person to process paperwork (all applications, submissions, complaints, compliments,
proposals, etc) to the various rec leaders. That person would do scheduling, reserving space
for events and keep a master list and manage a contact list. Rec leaders would be responsible
for planning and be responsible for communicating with the rec board for oversight. The town
would provide money for needed certifications and trainings. The rec board would oversee the
new configuration at their monthly meetings and have people come in as needed.
Communication has been a problem recently with the sports groups and that could be
eliminated.
The community wants to step up and do things. It would also save a lot of money.
There would be saved wages that could be added to the rec fund. There would be continuity in
that they would mentor new people and slowly give over to newer people c oming in with their
children. The ability for them to have more volunteerism and say in how they do things doesn’t
increase the workload for any one person, but diversifies it over a number of people so no one
would be overwhelmed. A large portion of this is already done, just answerable to somebody.
Now they would be answerable to the board with the part time person coordinating and
keeping everyone informed. The individual activities would supervise themselves and report to
board.
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Cl Servoss said the proposal has merit. She thinks a full time person should be there
to coordinate volunteers and do scheduling and other things. Having one person as a point of
contact is helpful. The DRYC will talk about this proposal and make a recommendation.
C Sidle noted winter is a good time to start because the programs are already set up. Cl
Lavine said we need a central coordinator that is really effective. This could cost a similar
amount but yield way more. Cl Servoss announced the next DRYC meeting will be held
December 13 at 7:00 p.m. and they will discuss this proposal and get input.
There are vacancies on the DRYC and C Sidle handed in applications that Cl Servoss
will distribute. Appointments could possibly be made at the next agenda meeting. Cl Lavine
noted the six other coaches who accompanied Chris S idle in support tonight.
PLANNING DEPARTMENT
Ray Burger has submitted his monthly report (attached). The 802 Dryden Road site
plan was approved by the Planning Board. They have a target date of July 2019 for completion
(6 buildings, 42 units).
There is a conservation subdivision proposed at 1540 Ellis Hollow Road, similar the
model a few months ago, where a 10 acre lot is being subdivided to five small residential lots
and a five acre open space along Cascadilla Creek. It is another Tiny Timbers project.
COUNTY BRIEFING
Mike Lane announced the legislature passed the county budget and they stayed under
the cap. They allowed some agencies a small increase and justified the increases in the union
contract. The health consortium helps to keep down the cost of health insurance. County
Administrator Joe Mareane has taken earlier retirement than anticipated and is now gone.
Deputy County Administrator Paula Younger will be the interim until they have a new County
Administrator. The search committee has begun interviews and they hope to have someone in
place by the first of the year.
The Commissioner of Planning search continues and they will be doing final interviews
with candidates and hopefully make an announcement by the end of the year.
They expect a change at Tompkins County Area Development. Mike Stamm has
indicated he is retiring next year.
There are five new faces on the County Legislature this year.
There is funding in the county budget for a study of emergency services. There is
concern about the rural ambulance services and staffing.
ADVISORY BOARD UPDATES
Planning Board – Cl Cipolla-Dennis reported that last night they approved the 802
Dryden Road project and discussed the proposed amendments to the solar law. They also
talked about reviewing the subdivision law with regard to solar development. Because of the
PSC requirement to subdivide parcels down to a size where they only contain 2MW per lot and
even though the PSC has stated its fine to have the solar farms on adja cent lots and that sort
of thing, our subdivision law doesn’t really take that into consideration. There are aspects of
our law that just don’t make sense for these solar farms, for example the common driveway.
The Planning Board feels some aspects of that law could be modified and amended to make a
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smoother process for the solar farms and have asked the Town Board to charge them with the
task of looking at that. They view the current amendment for inside lot line setbacks as a
band-aid. She agrees it could be handled better with modifications to the subdivision law.
There may be other modifications in conjunction with these that make sense. Town Board
could ask the Planning Board to do a comprehensive review in light of the large projects and
the PSC regulations. There was an overall motivation to move forward by Planning Board
members. The ZBA might also support doing that. The Town Board agreed it would like the
Planning Board to review the subdivision law with respect to large scale solar applica tions,
considering the requirements of the PSC, and make recommendations that would result in a
clearer process for large scale solar applications.
Conservation Board – Chair Peter Davies reported there has been discussion about the
official appointment and role of alternates on the board. They have a proposed amendment to
section 3 that provides for appointment of two alternate members (one year terms) and that the
town board designates them of first and second alternates. An alternate can be substituted for
a full member and vote in the event that a full member is unable to vote because of absence or
recusal due to conflict of interest. The Conservation Board would like this finalized and that
two alternates be appointed.
P Davies presented a Natural Resources Conservation Plan that the board has worked
on for over a year. There are 10 maps including two new ones created for this report. One is of
the conserved land areas in the town and one of all the trails in the town. It is lavishly
illustrated with many color photographs by members of the board. It was produced at no cost
to the town and done entirely by volunteers. There was some cost for production of a map.
This plan forms the basis for a vibrant and healthy lifestyle for a d iverse and growing
community. Cornerstones of the Natural Resources Conservation Plan include sustainable
environmental and biological resources leading to active agriculture, provision for outdoor
recreation and planned development, all of which contribute to long-term economic vitality.
The report is divided into several chapters: Water, biological resources, farmland and
agriculture, recreation and viewshed. This is not a legal document and is to be used solely as
an advisory document. Appendices include a complete inventory of rare or endangered animals
and plants in the town.
Comments:
A tourism pamphlet could be developed from this document.
Members of the Conservation Board appreciate Peter Davies’ work editing, formatting
and turning this into a quality production.
While this document is advisory, there are strong recommendations in each section for
maintenance of these natural resources.
Consideration should be given to those maintenance recommendations.
This document should be referred to in zoning matters.
It can be used in the next comprehensive plan update.
The board will consider adoption in December.
Copies of this and the Ag plan will be placed at the Southworth Library, Community
Café, and Varna Community Center marked draft with a note to submit comments prior
to the next board meeting.
The board introduced the following proposed local law to allow for appointment of
alternates on the Conservation Board and set the public hearing for December 21 at 7:05 p.m.
Title: A Local Law to amend Section 3 of Local Law No.4 of the year 2000, as amended
by Local Law 1 of the year 2004, to Provide for the Appointment of Two Alternate Members of
the Conservation Board.
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Be it enacted by the Town Board of the Town of Dryden as follows:
Section 1. HISTORY. Local Law No. 4 of the year 2000 adopted by the Town Board of
the Town of Dryden created the Town of Dryden Conservation Advisory Council (CAC) with 9
voting members. The Town Board has discussed the benefits of appointing alternate members
to the Conservation Board who can sit as voting members when a regular member is absent or
unable to vote due to a conflict of interest. The Town Board wishes to amend Local Law No. 4
of the year 2000, as further amended by Local Law 1 of the year 20 04, to provide for the
appointment of two alternate members to the Conservation Board.
Section 2. This local law is adopted pursuant to § 10, Subdivision 1(ii)d(3), of the
Municipal Home Rule Law of the State of New York. This local law supersedes Sections 239-
x(3) and 239- y of the General Municipal Law of the State of New York relating to the
appointment of members to the Town Conservation Board to the extent this local law is
inconsistent with such sections.
Section 3. Amend Section 3 of Local Law No. 4 of the year 2000, as amended by Local
Law 1 of the year 2004, to read as follows:
“Section 3. MEMBERSHIP: The CAC shall consist of nine (9) full members, appointed by
the Town Board, who shall serve for terms of three (3) years (four of the init ial members shall
be appointed for two years and five of the initial members shall be appointed for three years).
The Board may appoint two alternate members (designated first and second alternate in order
or priority) to serve for terms of one year or part thereof ending on December 31st of the year of
appointment. One full member shall be the Town representative to the Tompkins County
Environmental Management Council. Any person residing within the Town of Dryden who is
interested in the improvement and preservation of environmental quality shall be eligible for
appointment. Each full member shall be entitled to one vote. The Chairperson shall designate
an alternate member to substitute for a full member and vote in the event that a full member is
unable to vote due to the full member’s absence or recusal due to a conflict of interest.”
Section 4. 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 this local law.
Section 5. This local law shall take effect immediately upon filing with the New York
Secretary of State.
Rail Trail Task Force – Bob Beck announced that the trail between the villages of
Dryden and Freeville is open. It may not be sufficiently compacted for bicycles yet. He is
thankful to Bruno Schickel for his efforts over the past few months in getting that done. To
date over $45,000 in time and materials and machine work has been donated and coordinated
by Bruno. A copy of the report is attached. Bruno estimates about $8,000 in contributions,
not counting his time. Dennis Mix and Mix Brothers also donated an enormous amount of
time and contributed 120 truckloads of dirt and fill from a construction site trucked to George
Road. There are others listed.
They are hopeful to get a written agreement from DEC for the trail through the game
farm any day now. They have been assured that it is in the works and will soon be seeing it in
writing. There is written intention. The task force will soon be able to do work at Ithaca end.
They are looking at how to cross Route 13 near NYSEG. It’s a very busy road and they
are hoping for a pedestrian bridge over Route 13. Barbara Lifton is supportive and suggested
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there may be state money to help with that. They are working with her and the Syracuse DOT
office. If they can do this pedestrian bridge it would be fantastic advertisement for town and
for the rail trail. It would bring more visitors, more use of the trail, and more money spent in
Dryden.
The next meeting of the RTTF meeting is Monday at the Freeville Village Hall. They will
be working on a celebration or ribbon cutting for spring.
OLD BUSINESS
The board set the public hearing on the Ag and Farmland Protection Plan for December
21, 2017 at 7:10 p.m.
Supv Leifer asked for authorization to sign the proposal from General Code for
codification of our laws and ordinances.
RESOLUTION #143 (2017) – AUTHORIZE AGREEMENT WITH GENERAL CODE
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby authorizes the Supervisor to execute the
agreement with General Code for codification services at a total cost not to exceed $17,150.00.
2nd Cl Servoss
Roll Call Vote Cl Lavine Yes
Cl Cipolla-Dennis Yes
Cl Servoss Yes
Cl Lamb Yes
Supv Leifer Yes
NEW BUSINESS
Freese Road & George Road bridges - The board needs to pass resolutions declaring
lead agency status for the Freese Road bridge and George Road bridge projects. Letters will go
out to involved and interested agencies and they then have 30 days to respond. No public
hearing required at this point. The public hearing is on underlying action. Atty Brock will talk
with the bonding attorneys. Barton & Loguidice will do a presentation in December.
Proposed Action: Freese Road over Fall Creek Bridge Replacement
(PIN 3756.41)
RESOLUTION #144 (2017) - DECLARING THE INTENT OF THE TOWN OF DRYDEN
TO ACT AS LEAD AGENCY
Supv Leifer offered the following resolution and asked for its adoption:
WHEREAS, the Town of Dryden (Town) is proposing to replace the Freese Road Bridge over Fall
Creek (PIN 3756.41) (Project), located in the Town of Dryden, Tompkins County, New York; and
WHEREAS, the Project has been classified as a “Type I” as defined by the State Environmental
Quality Review Act (SEQRA) in 6 NYCRR Part 617.2; and
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WHEREAS, it is the intent of the Town of Dryden Town Board to assume the role of “Lead
Agency” for purposes of conducting a SEQRA assessment of the Project; and
WHEREAS, Part I of a Full Environmental Assessment Form (FEAF) has been completed,
reviewed by the Town of Dryden Town Board, and will be circulated to all Interested and Involved
Agencies for purposes of establishing the Town of Dryden Town Board as “Lead Agency” in accordance
with 6 NYCRR Part 617.6(b).
NOW, THEREFORE, BE IT
RESOLVED AND DETERMINED, that the Town of Dryden Town Supervisor hereby is authorized
to sign Part I of the FEAF (page 13); and it is further
RESOLVED AND DETERMINED, that the Town of Dryden will send said Part I of the FEAF to the
attached list of “Interested and Involved Agencies” under cover of a “Notice of Intent to Establish Lead
Agency” letter for purposes of establishing Lead Agency status under the SEQRA; and it is further
RESOLVED, that the Town of Dryden Town Supervisor and Town Board, together with the Town
of Dryden Attorney and Barton & Loguidice, D.P.C., are hereby authorized to take all actions, serve all
notices, and complete all documents required to give full force and effect to this determination.
2nd Cl Lamb
The question of the adoption of the foregoing resolution was duly put to a vote, and upon roll call,
the vote was as follows:
Jason Leifer, Town Supervisor Yes
Daniel Lamb, Deputy Supervisor Yes
Linda Lavine, Board Member Yes
Deborah Cipolla-Dennis, Board Member Yes
Kathrin Servoss, Board Member Yes
Proposed Action: South George Road Bridge over Virgil Creek Bridge Replacement
(PIN 3756.42)
RESOLUTION #145 (2017) - DECLARING THE INTENT OF THE TOWN OF DRYDEN
TO ACT AS LEAD AGENCY
Supv Leifer offered the following resolution and asked for its adoption:
WHEREAS, the Town of Dryden (Town) is proposing to replace the South George Road Bridge
over Virgil Creek (PIN 3756.42) (Project), located in the Town of Dryden, Tompkins County, New York;
and
WHEREAS, the Project has been classified as an “Unlisted Action” as defined by the State
Environmental Quality Review Act (SEQRA) in 6 NYCRR Part 617.4; and
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WHEREAS, it is the intent of the Town of Dryden Town Board to assume the role of “Lead
Agency” for purposes of conducting a SEQRA assessment of the Project; and
WHEREAS, Part I of a Short Environmental Assessment Form (SEAF) has been completed,
reviewed by the Town of Dryden Town Board, and will be circulated to all Interested and Involved
Agencies for purposes of establishing the Town of Dryden Town Board as “Lead Agency” in accordance
with 6 NYCRR Part 617.6(b).
NOW, THEREFORE, BE IT
RESOLVED AND DETERMINED, that the Town of Dryden Town Supervisor hereby is authorized
to sign Part I of the SEAF (page 3); and it is further
RESOLVED AND DETERMINED, that the Town of Dryden will send said Part I of the SEAF to the
attached list of “Interested and Involved Agencies” under cover of a “Notice of Intent to Establish Lead
Agency” letter for purposes of establishing Lead Agency status under SEQRA; and it is further
RESOLVED, that the Town of Dryden Town Supervisor and Town Board, together with the Town
of Dryden Attorney and Barton & Loguidice, D.P.C., are hereby authorized to take all actions, serve all
notices, and complete all documents required to give full force and effect to this determination.
2nd Cl Cipolla-Dennis
The question of the adoption of the foregoing resolution was duly put to a vote, and upon roll call,
the vote was as follows:
Jason Leifer, Town Supervisor Yes
Daniel Lamb, Deputy Supervisor Yes
Linda Lavine, Board Member Yes
Deborah Cipolla-Dennis, Board Member Yes
Kathrin Servoss, Board Member Yes
Capital Project Agreements – IAWWTF – Cl Servoss recused herself from these
matters. These agreements are for flow monitoring stations and grit removal. The town’s
percentage is 1.98. That would be $58 for flow monitoring and $8,596 for grit removal. These
are maintenance types of projects.
Resolution #146 (2017) - Capital Project Engineering Services Agreement for Evaluation and
Recommendations for Improvements to the Flow Monitoring Stations Owned by the IAWWTF
Supv Leifer offered the following resolution and asked for its adoption:
WHEREAS, the Ithaca Area Wastewater Treatment Plants 13-remote flow monitoring stations are in
need of certain Capital Improvements, and
WHEREAS, staff developed and advertised a Request for Proposals for Professional Engineering Services
for Design and Installation of Flow Monitoring Stations for Ithaca Area Wastewater Treatment Plants 13-
remote flow monitoring stations, and
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WHEREAS, four Proposals for Professional Engineering Services for Design and Installation of Flow
Monitoring Stations for Ithaca Area Wastewater Treatment Plants 13-remote flow monitoring stations
were received on September 22, 2017 and evaluated by staff, and
WHEREAS, staff based on their evaluation recommend accepting the proposal and execute agreement
dated October 23, 2017 from the MRB group for the Flow Monitoring Station Project, and
WHEREAS, staff in association with the MRB group consulting engineers have estimated the cost for the
engineering services including only the first 3 tasks in their proposal for the Review, Evaluation, and
Recommendations for improvements to the flow monitoring stations to be $23,837.50, and
WHEREAS, flow meter stations rehabilitation is an existing active SJC capital project, number 414J with a
current balance of $20,910.58 remaining after the first phase of access improvements were completed
in 2008, and
WHEREAS, the Special Joint Committee (SJC) recommends to the Owners that this project be authorized
for additional funding in an amount not to exceed $2,926.92 for the engineering services agreement
with MRB group, and be it further
RESOLVED, That the Town of Dryden hereby authorizes this project contingent upon action by all
wastewater partners committing their percentage of reimbursement shares to the Joint Activity Fund
allocated per the Joint Sewer Agreement as follows:
Municipality Percentage Project Cost
City of Ithaca 57.14 $1,672
Town of Ithaca 40.88 $1,197
Town of Dryden 1.98 $58
$2,927
2nd Cl Lamb
Roll Call Vote Cl Lavine Yes
Cl Cipolla-Dennis Yes
Cl Servoss Recused
Cl Lamb Yes
Supv Leifer Yes
Resolution #147 (2017) - Capital Project Engineering Services Agreement for Grit Removal Project,
Concrete Restoration Project, Emergency Generator Replacement, and Miscellaneous Plant
Improvements at the Ithaca Area Wastewater Facility
Supv Leifer offered the following resolution and asked for its adoption:
WHEREAS, the Ithaca Area Wastewater Treatment Plant is in need of certain Capital Improvements, and
WHEREAS, staff in association with the Plant’s consulting engineers, GHD have estimated the cost for
the engineering services for the final design of Grit Removal, Concrete Restoration, Emergency
Generator Replacement, and miscellaneous plant improvements to be,
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1-Concrete Restoration and Leak Repairs (final design) $22,900
2-Grit Removal and Miscellaneous Repairs (final design)
2.1-Grit System $200,700
2.2-Influent Building Improvements $28,700
2.3-Stair Tower Improvements $37,400
2.4-Structural Improvements $10,200
2.5-Miscellaneous Improvements $56,700
2.6-Instrumentation and Control $15,100
3-Emergency Generator Replacement $41,800
Total Design Fees $413,500
Contingency 5% $20,675
Total $434,175
As detailed in GHD’s letter and Scope of Services Schedule A dated October 9, 2017 Revised Scope of
Services and Engineering Fee Grit Removal and Concrete Restoration Project, and
WHEREAS, the Special Joint Committee (SJC) recommends to the Owners that this project be authorized
and funded in the amount not to exceed $434,175 for the final design engineering services agreement
with GHD, and be it further
RESOLVED, That the Town of Dryden hereby authorizes this project contingent upon action by all
wastewater partners committing their percentage of reimbursement shares to the Joint Activity Fund
allocated per the Joint Sewer Agreement as follows:
Municipality Percentage Project Cost
City of Ithaca 57.14 $248,088
Town of Ithaca 40.88 $177,491
Town of Dryden 1.98 $8,596
$434,175
2nd Cl Lamb
Roll Call Vote Cl Lavine Yes
Cl Cipolla-Dennis Yes
Cl Servoss Recused
Cl Lamb Yes
Supv Leifer Yes
SJC – DEC Consent Order – A resolution is necessary to authorize the City of Ithaca to
execute the Consent Order for the aboveground storage tank violations. The problem has been
resolved and is not expected to occur again.
Resolution #148 (2017) Approving the proposed Consent Order and Authorizing the City of Ithaca
to execute the Consent Order
Supv Leifer offered the following resolution and asked for its adoption:
Whereas, the Ithaca Area Wastewater Treatment Facility (“IAWTF”) is owned and operated by
the City of Ithaca, Town of Ithaca, and Town of Dryden (“Municipal Owners”), with oversight provided
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through the Special Joint Committee (“SJC”) composed of representatives from the three Municipal
Owners; and
Whereas, as a result of the New York State Department of Environmental Conservation’s
(“DEC’s”) August 31, 2017 inspection of the IAWTF, the DEC identified certain aboveground storage tank
violations and proposed a Consent Order, which includes a $9,800 payable penalty and a $2,500
suspended penalty; and
Whereas, counsel for the IAWTF and the City of Ithaca have reviewed the Consent Order, and
the SJC at its meeting on November 8, 2017 consulted with IAWTF staff regarding future preventative
measures, and passed a resolution recommending that the Municipal Owners approve the execution of
the same; now, therefore, be it
Resolved, that the Town Board of the Town of Dryden approves the proposed Consent Order
and authorizes the City of Ithaca to execute the Consent Order through its designated signatory on
behalf of the Municipal Owners.
2nd Cl Lamb
Roll Call Vote Cl Lavine Yes
Cl Cipolla-Dennis Yes
Cl Servoss Recused
Cl Lamb Yes
Supv Leifer Yes
Additional Check Signer – Supv Leifer explained the need to appoint an additional
check signer. Some checks require two signatures depending on the amount. Currently it is
the Supervisor, Town Clerk and Deputy Clerk Erin Bieber. Erin is out for the foreseeable
future. After discussion, the board decided to designate Lee Ann Parker in Erin’s place.
RESOLUTION 149 (2017) – AUTHORIZE CHECK SIGNER
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby appoints Lee Ann Parker as a signatory on
Town checking accounts.
2nd Cl Servoss
Roll Call Vote Cl Lavine Yes
Cl Cipolla-Dennis Yes
Cl Servoss Yes
Cl Lamb Yes
Amendments to Solar law introduce & set public hearing – The board discussed and
made a revision to the proposed local law and removed language review with respect to
increasing the setback where it makes sense. The following version was introduced and the
public hearing set for December 14 at 7:00 p.m. The proposed law will be sent to the other
boards and committees for review.
A LOCAL LAW TO AMEND TOWN OF DRYDEN ZONING LAW PROVISIONS REGARDING
SETBACKS AND APPLICATION DEPOSITS FOR SOLAR ENERGY SYSTEMS
Be it enacted by the Town Board of the Town of Dryden as follows:
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Section 1. The Town of Dryden Zoning Law, Article XIII (Standards and Requirements for
Certain Uses), Section 1312 titled “Solar Energy Systems,” Section F titled “Ground-Mounted
Large-Scale Solar Energy Systems, is amended by deleting subsection 3.e and replacing i t
with the following:
“e. Complies with a fifty-foot (50) front yard, rear yard, and side yard setback, except the
setback is reduced to 10 feet (0 feet for fences) along the portion of any lot line where
another ground-mounted large-scale solar energy system (i) is located across the line
and (ii) is no more than 50 feet from the lot line.”
Section 2. The Town of Dryden Zoning Law, Article XIII (Standards and Requirements for
Certain Uses), Section 1312 titled “Solar Energy Systems,” Section G titled “Fees and Deposits”
is amended by deleting the first sentence of subsection 2 and replacing it with the following:
“2. The Solar Energy Applicant shall deliver with its application an amount equal to one
percent (1%) of the estimated cost of the project or $25,000.00, whichever is less (the
“Initial Deposit”).”
Section 3. 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 i nvalidate any of
the remaining sections clauses, sentences, parts, or provisions of the local law.
Section 4. This local law shall supersede or repeal any prior inconsist ent local law.
Section 5. This local law shall take effect immediately upon its filing with the New York
Secretary of State.
Town Clerk B Avery announced that she will appoint Diane Michaud to serve as Deputy
Town Clerk for the next several months.
There is a need to make a few payments outside the abstract.
RESOLUTION #150 (2017) – AUTHORIZE PAYMENTS OUTSIDE THE ABSTRACT
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby authorizes payment outside the abstract for
the following:
VISA – Rec Department $ 50.00
VISA – Planning Department 136.98
Toshiba 325.78
Casella Waste Services 300.00
(total $812.76)
2nd Cl Cipolla-Dennis
Roll Call Vote Cl Lavine Yes
Cl Cipolla-Dennis Yes
Cl Servoss Yes
Cl Lamb Yes
Supv Leifer Yes
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A resolution is necessary to relevy unpaid water/sewer accounts to the 2018 property
tax bills. These amounts represent the unpaid balance prior to the October billing, if it is still
unpaid. Any amounts paid prior to turning the list over to the County will be removed.
RESOLUTION #151 (2017) – RELEVY DELINQUENT WATER/SEWER AMOUNTS
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby relevies the following unpaid water/sewer
amounts to the 2018 tax real property tax bills:
Acct # Tax Parcel # Total
K3418 56.-5-5 404.42
K3419 56.-5-5 381.94
K3467 43.-1-14.1 724.33
K3489 56.-3-6 161.40
K4267 52.-1-4.42 101.19
K4281 43.-1-33.2 732.34
K4326 52.-1-4.9 321.24
K4338 52.-1-4.11 321.24
K4353 55.-1-15.2 2296.14
K5279 54.-2-1 1606.24
K5289 55.-1-12 1398.99
L1671 43.-1-13 314.87
L3430 56.-5-15 457.77
L3446 53.-1-7 465.55
L3449 43.-1-19.12 116.89
L3466 43.-1-19.10 543.27
L3478 43.-1-9.8 556.36
L3495 56.-3-11.2 321.24
L3500 56.-3-16.1 160.62
L3501 56.-3-17.2 160.62
L4028 69.-2-13 276.32
L4271 69.-2-3.3 250.10
L5252 54.-2-3 321.24
L5254 57.-1-18 221.24
L5256 55.-2-3 461.28
L5390 56.-4-5.31 155.34
L5413 54.-1-3.2 1094.53
L5446 54.-2-2 226.19
L5547 55.-1-15.1 73.01
L5730 56.-5-25.12 376.24
L6376 54.-1-19 321.24
L6443 56.-4-7.31 313.21
LYB70 46.-1-59 544.66
565 35.-1-17.1 3966.00
584 38.-1-28.12 542.30
2nd Cl Cipolla-Dennis
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Roll Call Vote Cl Lavine Yes
Cl Cipolla-Dennis Yes
Cl Servoss Yes
Cl Lamb Yes
Supv Leifer Yes
On motion made, seconded and unanimously carried, the board moved into e xecutive
session at 9:38 p.m. to consider the employment histories of particular individuals. The board
moved back to regular session at 10:05 a.m.
RESOLUTION #152 (2017) – APPOINT RECREATION ASSISTANT
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this board hire Marty Conger at part time recreation assistant at
$14.50 per hour.
2nd Cl Lamb
Roll Call Vote Cl Lavine Yes
Cl Cipolla-Dennis Yes
Cl Servoss Yes
Cl Lamb Yes
Supv Leifer Yes
There being no further business, on motion made, seconded and unanimously carried,
the meeting was adjourned at 10:07 p.m.
Respectfully submitted,
Bambi L. Avery
Town Clerk