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HomeMy WebLinkAbout2014-09-18TB 9-18-14 D R A F T Page 1 of 8 TOWN OF DRYDEN TOWN BOARD MEETING September 18, 2014 Present: Supervisor Mary Ann Sumner, Cl Gregory Sloan, Cl Joseph Solomon, Cl Jason Leifer Absent: Cl Linda Lavine Elected Officials: Bambi L. Avery, Town Clerk Other Town Staff: Mahlon Perkins, Town Attorney Supv Sumner called the meeting to order at 7:00 p.m. and board members and audience participated in the pledge of allegiance. The public hearing on the fee schedule was not held because the notice had not been published. The hearing will now be held on October 16, 2010, at 7:05 p.m. CITIZENS PRIVILEGE Deborah Cipolla Dennis, 964 West Dryden Road, said she is concerned about the pipeline along West Dryden Road and appreciates Cl Leifer’s efforts to find out more about that. She wants to understand whether West Dryden Road is a county road or town road and was told it by Supv Sumner and Jeff Smith, County Highway Director, that it is a county road. D Cipolla Dennis said she doesn’t want to see the pipeline to come through and that we need to encourage developers, TCAD and others that believe we need this pipeline in order to encourage economic development that there are other ways to be able to do that. She would appreciate the Town Board’s efforts to encourage future environmental friendly development instead of hanging with the fossil fuels of the past. Joanne Cipolla Dennis – thanked the board for serving and encouraging public comment. She also thanked Cl Leifer and Town Clerk Bambi Avery for finding the current franchise agreement with NYSEG. Hopefully that will address some questions about the power of the town board, though it was drafted more than 50 years ago. Nationally we are only beginning to have an understanding of the damages that occur from this type of infrastructure, production, transportation and use of methane gas. Understanding these damages locally is why town residents insisted on the fracking ban that the board enacted. They would like the board to help them understand what the franchise agreement means an d how the town plans to respond if NYSEG was to request assistance from the board to impose eminent domain on private property owners who won’t sign an easement. She appreciates the town helping in understanding the legal powers that NYSEG has as well as the town’s and county’s powers with respect to the proposed pipeline. She acknowledged and thanked the board for leadership role taken in building an energy efficient building and putting solar panels on top of it. When asked where she is from, she is proud to say she is from Dryden and others recognize the leadership here. She is counting on the board to do that again. Mara Golden, 58 Spring Run Road, said she and some neighbors are present and are concerned about the digging of trenches in their area. They are quite deep and some of homes TB 9-18-14 D R A F T Page 2 of 8 are being left without any filler. Some have stone. This was done about five or six years ago and a lot of the cable and electric fence lines were cut and the town took no responsibility for them because they were apparently on town property. Since then the lines were moved back to private property, but she is concerned with the width of the trenches, there will be damage again. She works out of her home and can’t afford to be without internet if the lines are broken. She asked what is being done, why it is being done and what the plan is. Supv Sumner asked her to leave an email address with the clerk and she would respond tomorrow. Judy Pierpont, 111 Pleasant Hollow Rd, said she is glad to know that West Dryden Road is a county road, but wonders if that means that the town doesn’t have any kind of jurisdiction on whether or not eminent domain could be imposed on owners of property that comes to the center of the road. Supv Sumner will talk with the attorney about that. If the current franchise has expired, given that the town has expressed opposition to further gas infrastructure, and citizens don’t want fracked gas flowing through the town, the purpose of the ban could in some way be undermined by entering into franchise agreements with NYSEG. She hopes the town would not be an agent through which NYSEG could enforce eminent domain on citizens. It doesn’t seem right that a private utility could take land for their own economic development and that of developers in Lansing. Dryden doesn’t gain anything from this pipeline. She is very concerned about increased use of gas. Any kind of use of methane inevitably causes leakage into atmosphere. The estimates of how much leakage there is keep going up. Greenhouse gas is more potent than carbon dioxide over a 20 year span. Dan Clark said he lives at the corner of Spring Run and Thresher Place. Their property was dug into first and their cable was snapped as well as a power box for NYSEG. This happened on primary election day. He works from home and no cable or internet or phone service. There was no advance notice that it would take place. It was overkill for the location. There is a trickle; it’s not a babbling brook. They t old the Highway Superintendent that they were having a problem with flooding on their property from Thresher Place being graded improperly last time it was paved. Instead of having a crown in the middle, it all slants toward their property and all the water sheds into their yard and floods their front yard and basement. He has dug a 100’ trench because he waited for the town to do something about it and they never did. He dug a French drain at quite an expense and put in a dry well. They still have a lot of water shedding into their yard. The Highway Superintendent said they would dig a trench on Thresher Place as well as the Spring Run side. He did Spring Run a week ago after three or four months of asking . Nothing has been done about the front yard where flooding occurs. The Clarks were planning on putting a pipe through on the Spring Run side, backfilled with gravel, and really d id not want that ditch dug at all. They now have a huge trench on the side property. He has tried emailing and calling the Highway Superintendent and received no response. The neighbors are concerned that it could happen to their property as well. It seems the elected officials aren’t listening. He asked what is going on and can they get some answers. Supv Sumner said she will see that someone calls back tomorrow. Kathy Elliott – shared a recent article in The Press and Sun Bulletin and read portions of it (attached). Judy Epstein said she is a property owner on German Cross Road and a town resident for 26 years. She knows almost everyone on the road, and no one is happy with the work that’s been done there. She received a copy of the 284 agreement when she asked about the expense, but the paving hasn’t started yet. She would like to know how much money has been spent on the road, how it was authorized, who approved it and what the process is. She TB 9-18-14 D R A F T Page 3 of 8 asked if there was another document about this massive amount of construction. Tons of fill have been dumped on a road where there was a wooded area with a drop-off to build shoulder where there was no land before. That takes a lot of fill and she wants to know how much. Supv Sumner explained that the budget contains appropriations for road maintenance and repairs. Bills are submitted and paid and it takes some work to determine what was sp ent for each road. Cl Leifer said she could look at the abstract and vouchers, but that information may not be clear. J Epstein would like to know approximately how much has been spent on that road so far. J Epstein would like some assurance that the road would not be paved wider than 20’. She did research on the safety components of keeping it at 20’. S he spoke to DEC today and was told that if more than an acre of soil is disrupted it needs to be authorized by a DEC permit. It is clearly more than an acre disrupted. The exception is they are maintaining a shoulder and not widening. It is clear that it has been widened significantly. She spoke to a zoning person who wouldn’t comment and she is waiting for D Sprout to get back to her. It is clear to her that it needs a permit and is out of compliance according to the DEC. No permits have been issued. Dryden needs to come into compliance. The State has oversight, but the town is a regulatory agency for the DEC. She would like to know if there is a way she can get written assurance that it will not be paved wider than 20’. Supv Sumner apologized for not getting back to her today, but will do so tomorrow. D Cipolla Dennis asked why questions can’t be answered in public and Supv Sumner said she needs to do research and find answers. She asked that the answers be made public and was told she could call the Supervisor. Cl Leifer said the expenditure answers are in abstract, but it is hard to pick out a particular road. The 284 clearly has a line for ditching, culverts and road maintenance. That is non-paving work and roads are not listed individually. Paving is in the second part. You can find out material expenditures through the abstract. TOWN CLERK RESOLUTION #142 (2014) – APPROVE MINUTES Supv Sumner offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the meeting minutes of August 14 and August 21, 2013. 2nd Cl Leifer Roll Call Vote Cl Sloan Yes Cl Solomon Yes Supv Sumner Yes Cl Leifer Yes COUNTY BRIEFING None. There is a county budget meeting tonight. DEPARTMENT REPORTS None. TB 9-18-14 D R A F T Page 4 of 8 UNFINISHED BUSINESS None. NEW BUSINESS Bolton Point water rate – Supv Sumner explained that in the budget process at Bolton Point each year a new water rate is proposed. Each member municipality must approve it because it is an amendment to the intermunicipal agreement. The rate that Bolton Point charges the town is $4.35 per 1,000 gallons. That represents a increase of $.08 per 1,000 gallons. The town water rate will be discussed next month during budget time. She asked the board to approve the rate increase for Bolton Point. RESOLUTION #143 (2014) – APPROVE BOLTON POINT WATER RATE Supv Sumner offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the 2015 water rate for the Southern Cayuga Lake Intermunicipal Water Commission of $4.35 per 1,000 gallons. 2nd Cl Solomon Roll Call Vote Cl Sloan Yes Cl Solomon Yes Supv Sumner Yes Cl Leifer Yes Board members signed the amendment to the intermunicipal agreement. Retirement resolution – The board discussed the proposed resolution. Cl Leifer asked that his days reported be reduced to 4 because he is spending le ss time on town business now. RESOLUTION #144 (2014) – ESTABLISH STANDARD WORK DAY AND REPORTING Supv Sumner offered the following resolution and asked for its adoption: RESOLVED, that the Town of Dryden hereby establishes the following as standard work days for elected and appointed officials and will report the following days worked to the New York State and Local Employees’ Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body: Title Name Standard work day (hrs/day) Term Begins/Ends Participates in Employer's Time Keeping System Y/N Days/Month (based on Record of Activities Elected Officials Highway Superintendent Richard Young 8 01/01/2014 12/31/2017 N 20 TB 9-18-14 D R A F T Page 5 of 8 Town Clerk Bambi Avery 8 01/01/2012 12/31/2015 N 20 Board Member Jason Leifer 6 01/01/2014 12/31/2017 N 6.76 Town Justice Jules Ravo 6 03/25/2014- 12/31/2014 N 5.74 Town Justice Christopher Clauson 6 01/01/2012 12/31/2015 N 5.31 Appointed Officials Deputy Town Ronald Senecal 8 01/01/2014 Y 20 Highway Superintendent Secretary to the Highway Superintendent Kirsten Clapper 7 07/07/2014 Y 20 Deputy Town Clerk Erin Bieber 8 01/01/2014 Y varies Deputy Town Clerk Lee Ann Parker 8 01/01/2014 Y varies Bookkeeper to Town Supervisor Jennifer Case 8 01/01/2014 Y 20 2nd Cl Solomon Roll Call Vote Cl Sloan Yes Cl Solomon Yes Supv Sumner Yes Cl Leifer Yes VERIZON 2010 SPECIAL USE AMENDMENT Supv Sumner explained this is a simple process and does not require a public hearing or SEQR. They are swapping one set of antennas for another. County 239(m) review found no negative community or intermunicipal impact. There is engineering support for the fact that the structural integrity of the structure will not be affected. RESOLUTION #145 (2014) – APPROVE VERIZON SPECIAL USE PERMIT AMENDMENT 204 WALKER ROAD TB 9-18-14 D R A F T Page 6 of 8 Supv Sumner offered the following resolution and asked for its adoption: WHEREAS, Verizon is planning to upgrade equipment on the tower at 204 Walker Road; and WHEREAS, the upgrade consists of removing nine panel antennas and adding three remote radio heads; and WHEREAS, the upgrade has no structural or visual impact; and WHEREAS, the applicant has met all requirements of LL No. 2-2006 section 18(e), now, therefore, be it RESOLVED, that this Town Board hereby approves the amendment as shown on Sheet CC500 in the application packet. 2nd Cl Leifer Roll Call Vote Cl Sloan Yes Cl Solomon Yes Supv Sumner Yes Cl Leifer Yes Brooktondale Stream Gauge Station Agreement – This is not yet ready for review. Supv Sumner explained that we are currently in the third year of a three year agreement with Brooktondale to share the expense of this stream gauge station. The expense is divided among the USGS, City of Ithaca, Tompkins County Soil & Water and the Tow ns of Dryden and Caroline. The station is Six Mile Creek. What they are able to record remotely and electronically is very impressive. It has tremendous value with flood conditions and sedimentation rates. The data is available almost real time on their website. The agreement is due to be renewed. The cost to the Town of Dryden is about $2,400 per year. The annual cost of the project is $22,000 per year. This is a great example of shared services, both intermunicipal and inter-agency. Planning Board Resolutions - Supv Sumner read the following resolution passed by the Planning Board: Resolution # 9 - T. Hatfield offered the following resolution: Whereas, there are several areas of the Town of Dryden Zoning Ordinance which appear to be inconsistent with NYS Agriculture and Markets Laws; and Whereas, the Dryden Agriculture Advisory Committee has presented the Dryden Planning Board with recommended changes; and Whereas, the Planning Board does not have the jurisdiction to review zoning recommendations in regard to NYS Ag and Markets Laws; Therefore, the Planning Board requests the Dryden Town Board charge Town Attorney Mahlon Perkins with reviewing the current and recommended zoning changes in relation to NYS Ag and Markets Law. D. Weinstein seconded the motion which was unanimously passed. Supv Sumner said that NYS Department of Agriculture and Markets (NYSDAM) did comment on the zoning changes that they thought were problematic and the town responded in some detail. At the presentation by NYSDAM last month, Dr Somers said as the zoning exists, it is not problematic. But their role is to act on behalf of the farmer who finds that our zoning is in some way unnecessarily restrictive. She does anticipate that happening and thinks that there is enough relief in the zoning as it is now. In additional the Planing Director TB 9-18-14 D R A F T Page 7 of 8 has pointed out they will be doing a review of the zoning as part of the farmland protection plan grant. She recommends not asking our attorney to review anything until it comes up as part of that grant program. Cl Leifer said a number of the suggestions are simply for clarification so that the farmers wouldn’t have to go to NYSDAM in the first place. There are certain things that he and Steve Stelick had asked Dan Kwasnowski to clarify in the draft that wouldn’t change the substance of it and they weren’t made. This is what some of these things are. Supv Sumner said there was an extensive response to NYSDAM’s comments at the time. It was her understanding from those comments that a farmer who came to the Planning Department for a permit, the interpretation would occur there. It is unlikely that the farmer would be prevented from doing something that is related to his business. Cl Leifer said it should be clear in the document in the first place. There are other things that the Ag Committee has brought up, but maybe it will be dealt with in grant. If there are other zoning amendments on the table, it would be nice to bring it up at the same time, but if that is too far out, he would rather have Atty Perkins take a look at it. Supv Sumner said they would talk about it at the next agenda meeting. There may be answers in house that we should talk with the Ag Committee about. Craig Anderson said it is his understanding that the review of zoning comes at the latter part of the grant process. Supv Sumner said maybe they would try to put something together sooner rather than later then. Planning Department vacancy – - Supv Sumner read the following resolution passed by the Planning Board: Resolution #10 - M. Hatch offered the following resolution: Whereas, the Town of Dryden currently has a vacancy in the Planning Department; and Whereas, the Town of Dryden is potentially missing opportunities to improve the community through available grants; and Whereas, the Town of Dryden does not have an information technology employee; and Whereas, the Town is reliant on contemporary technology; Therefore, the Planning Board recommends the Town Board fill the Planning Department position with an employee who can commit half time to Information Technology and half time to writing grants. D. Weinstein seconded the motion which was passed unanimously. Supv Sumner said there are actually two vacancies. Supv Sumner said she agrees with premises, grant writing and IT are not normally skill sets found in the same individual. She and Jane Nicholson have been talking about perhaps combining a GIS/IT specialist. The town has need of both of these. Bolton Point has found this position to be very useful. She is hoping to create the position and fund it in budget. We could create the position in October and fill it before the end of the year. She w ill bring the job description to the next meeting. There is a need for more attention to grant opportunities. She believes if we had someone dealing with GIS and IT, that would free Jane Nicholson up to do grant work. With respect to both resolutions, Supv Sumner’s recommendation is to defer having the town attorney review anything until we have more information put together, and consider moving forward with GIS/IT position. No action was taken by the Town Board on the Planning Board’s resolutions. TB 9-18-14 D R A F T Page 8 of 8 There being no further business, on motion made, seconded and unanimously carried, the meeting was adjourned at 8:05 p.m. Respectfully submitted, Bambi L. Avery Town Clerk