HomeMy WebLinkAbout2020-03-19TB 3-19-20
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TOWN OF DRYDEN
TOWN BOARD MEETING
Held via Zoom
March 19, 2020
Present: Supervisor Jason Leifer, Cl Daniel Lamb, Cl James Skaley,
Cl Kathrin Servoss, Cl Loren Sparling,
Elected Officials: Bambi L. Avery, Town Clerk
Rick Young, Highway/DPW Superintendent
Other Town Staff: Jennifer Case, Bookkeeper
Khandi Sokoni, Town Attorney
Marty Conger, Recreation Director
Ray Burger, Planning Director
Christopher Clauson, Town Justice
Supv Leifer opened the meeting at 6:00 p.m.
RESOLUTION #47 (2020) – APPROVE MINUTES
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves the meeting minutes of February 13
and February 20, 2020.
2nd Cl Lamb
Roll Call Vote Cl Sparling Yes
Cl Servoss Yes
Cl Skaley Yes
Cl Lamb Yes
Supv Leifer Yes
Supv Leifer reported the following estimated year-end fund balances:
Fund 2019 Beginning 2019 Ending Change
Fund Balance Fund Balance
(Unreserved) (Unreserved)
A 1,306,055 1,594,310 288,255
B 219,603 150,710 (68,893)
DA 496,289 613,415 117,126
DB 593,632 593,085 (547)
PUBLIC HEARING
SITE PLAN REVIEW & SPECIAL USE PERMIT
MARTIAL ARTS SCHOOL
983 PERUVILLE ROAD
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Supv Leifer opened the hearing at 6:07 p.m. R Burger said Dan Barrow is the applicant
and this is reuse of an existing building in a rural agricultural district. The business operates
about a 25 hours per week currently and does involve some evening hour s.
Applicant said they have operated for 14 years in various locations around Ithaca, most
recently on Main Street in Groton. They have outgrown the space there and this location will
work well for them. They have about a dozen participants each in the kids and adult programs.
The action is exempt from SEQR and the County in their 239 review found no negative
inter-community or county-wide impacts. No public comments have been received. All related
documents have been available on the town’s website.
The building is a 42’ x 28’ pole barn with a small addition on the side. There will be no
structural changes, just interior modifications. DOT will require the applicant to resurface the
gravel driveway. One will be used for entry and one for exit .
R Burger reviewed the conditions in the proposed resolution of approval.
The public hearing was left open at 6:16 p.m.
PUBLIC HEARING
CONSIDER AGREEMENTS WITH NYS DOT FOR FUNDING
TO BUILD A PEDESTRIAN BRIDGE OVER ROUTE 13
WHERE IT INTERSECTS THE DRYDEN RAIL TRAIL
Supv Leifer opened the hearing at 6:16 p.m. R Burger explained this is in connection
with the proposed pedestrian bridge where the rail trail will cross over Route 13 to the west of
the NYSEG intersection. It is a 2.2-million-dollar project with two significant funding sources.
There is 1.5 million in funds from the Federal TAP program and $345,000 in multi -modal
funding from New York State. There are two resolutions, one for each source. The federal
requires a match of $369,000 and the multi-modal has no impact on that; it is an additional
funding source. In 2016 a SEQR process was done that encompassed the easement
procurement process along the right-of-way and also improvements to the right-of-way and
that is referenced in the draft resolution. There will be a subsequent SEQR process when the
bridge is designed. Erdman Anthony will proceed with design once the agreements are signed.
Part of that work is to conduct that SEQR process. The match for the TAP grant can be a
combination of cash and in-kind. The TAP funding is reimbursable and that is why the
resolution talks about committing the funding. Atty Sokoni has reviewed the agreements.
There were no comments from the public and no written comments have been received.
The hearing was left open at 6:21 p.m.
There were no further comments on the matter of site plan approval and special use
permit for 983 Peruville Road and Supv Leifer closed the public hearing at 6:22 p.m.
RESOLUTION #48 (2020) - Approving Site Plan and Granting Special Use Permit for a
Martial Arts School at 983 Peruville Road, Tax Parcel 22.-1-6.3
Supv Leifer offered the following resolution and asked for its adoption:
WHEREAS,
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A. Dan Barrow/Nan Properties has applied for a Special Use Permit (SUP) to operate a martial
arts school at 983 Peruville Road, Tax Parcel 22.-1-6.3; and
B. An application, SUP worksheet and sketch plan have been submitted, and
C. The Town Planning Department considers the application complete and in conformance
with the requirements of Town Zoning Law §501, §600, §1103 and §1201, and
D. A public hearing was held on March 19, 2020 with public comments registered in the
meeting minutes and considered by this board, and
E. The Tompkins County Planning Department has reviewed the application pursuant §239 –l,
-m, and –n of the New York State General Municipal Law, and
F. In a letter dated March 4, 2020, the Tompkins County Planning Department determined th at
the proposal has no negative inter-community, or county-wide impacts, and
G. The Stormwater Management Officer reviewed the proposal and concluded that only a
‘Simple’ Stormwater Pollution Prevention Plan (SWPPP), consisting of erosion and sediment
control practices, and prepared by the Stormwater Management Officer, is required, and
H. Pursuant to the New York State Environmental Quality Review Act (“SEQRA”) and its
implementing regulations at 6 NYCRR Part 617, the Town Board of the Town of Dryden has, o n
March 19, 2020, determined that this proposal is exempt from review since it is a Type II action
under 6 CRR-NY 617.5 (c) (18), and
I. The Town Board has reviewed this application relative to the considerations and standards
found in Town Zoning Law §1104 for site plan review and §1202 for Special Use Permit.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Town Board approves the sketch plan documents, submitted with the application
dated January 16, 2020 as site plan for 983 Peruville Road, conditioned on the following prior
to issuance of a Certificate of Occupancy:
a. A NYDOT work permit is issued or determined (by NYDOT) to not be required;
b. That, if DOT requirements cause the reconfiguration of the parking lot, the reconfiguration is
approved by the Planning Director; and
c.That non-invasive plants are used for the landscaping/screening of the parking area.
2. The Town Board hereby finds that the considerations for approval of the requested Special
Use Permit listed in Section 1202 of the Town of Dryden Zoning Law have been met, specifically
that:
a. The proposed use is compatible with the other permitted uses in the Rural Agricultural
district and compatible with the purpose of this district as Service Businesses and
Athletic Recreational Facilities are both permitted uses in this zone and this parcel is
located along the Route 34B corridor near other commercial businesses;
b. The proposed use is compatible with adjoining properties and with the natural and
manmade environment, as this proposal is for reuse of an existing building, the nearest
residences are about 400 ft distant and a self-storage business is across the road;
c. Parking, vehicular circulation, and infrastructure for the proposed use is adequate. The
required eight parking spaces are provided and emergency vehicles have access from
the roadway;
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d. The overall impact on the site and its surroundings considering the environmental,
social and economic impacts of traffic, noise, dust, odors, release of harmful
substances, solid waste disposal, glare, or any other nuisances has been considered
and found to be negligible, based on the low volume of traffic associated with this
business and that it will not generate noise, dust, odors or release harmful substances;
e. Restrictions and/or conditions on design of structures or operation of the use necessary
to ensure compatibility with the surrounding uses or to protect the natural or scenic
resources of the Town have been incorporated into the site plan;
f. The project complies with the requirements for site plan review and conforms to the
Town’s Commercial Design Guidelines to the maximum extent practicable in that: the
site is screened from residential uses by the existing landscape and will be further
screened by additional landscaping.
3. The Town Board, finding that the applicant is in compliance with all other provisions of the
Town Zoning Law and other applicable ordinances, approves a Special Use Permit for the
martial arts school at 983 Peruville Road with the Town of Dryden Standard Conditions of
Approval as amended August 14, 2008.
2nd Cl Skaley
Roll Call Vote Cl Sparling Yes
Cl Servoss Yes
Cl Skaley Yes
Cl Lamb Yes
Supv Leifer Yes
With respect to the funding agreements for the pedestrian bridge, R Burger said the
design phase will be in year one with groundbreaking expected in 2021. Supv Leifer expects
there will be a need to bond, but we’ll know for certain when we get closer. The board reviewed
the proposed resolutions.
Cl Lamb said this is a step the town has been expecting to take all along. It was
anticipated when the grant was applied for and will be a great investment for the community.
Martha Robertson said this was a good plan and will be wonderful for the town.
The public hearing was closed at 6:32 p.m.
RESOLUTION #49 (2020) - Authorizing the implementation, and funding in the first
instance 100% of the federal-aid and State “Marchiselli” Program-aid eligible costs, of a
transportation federal-aid locally-administered project, and appropriating funds,
therefore.
Supv Leifer offered the following resolution and asked for its adoption:
WHEREAS, a Project for the Dryden Rail Trail Phase 2 P.I.N. 395071 (the “Project”) is
eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the
costs such program to be borne at the ratio of 80% Federal funds and 20% non -federal funds;
and
WHEREAS, the Town of Dryden desires to advance the Project by making a commitment
of 100% of the non-federal share of the costs of Design, Row & Construction; and
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WHEREAS, the Town Board on December 15, 2016 issued a negative declaration under
Article 8 of the Environmental Conservation Law and Regulations adopted pursuant thereto by
the Department of Environmental Conservation of the State (collectively, “SEQR”) with respect to
work on the Dryden Rail Trail.
NOW, THEREFORE BE IT RESOLVED, that the Town Board, hereby authorizes the Town
of Dryden to pay in the first instance 100% of the federal and non-federal share of the cost of
Design, Row and Construction work for the Project or portions thereof; and it is further
RESOLVED, that the sum of $2,190,675 is hereby committed and will be bonded for and
made available to cover the cost of participation in the above phase of the Project; and it is further
RESOLVED, that in the event the full federal and non-federal share costs of the project
exceeds the amount appropriated above, the Town of Dryden shall convene as soon as possible
to appropriate said excess amount immediately upon receipt of notification by the Town from
New York State Department of Transportation (NYSDOT) , and it is further
RESOLVED, that the Supervisor of the Town of Dryden is hereby authorized to execute
all necessary Agreements, certification or reimbursement requests for Federal Aid and/or
Marchiselli Aid on behalf of the Town of Dryden with the New York State Department of
Transportation in connection with the advancement or approval of the Project and providi ng for
the administration of the Project and the municipality’s first instance funding of project costs
and permanent funding of the local share of federal-aid and state-aid eligible Project costs and
all Project costs within appropriations therefore that are not so eligible, and it is further
RESOLVED, that a certified copy of this resolution be filed with the New York State
Commissioner of Transportation by attaching it to any necessary Agreement in connection with
the Project, and it is further
RESOLVED, this Resolution shall take effect immediately.
2nd Cl Lamb
Roll Call Vote Cl Sparling Yes
Cl Servoss Yes
Cl Skaley Yes
Cl Lamb Yes
Supv Leifer Yes
RESOLUTION #50 (2020) - Authorizing the implementation, and funding in the first
instance of the State Multi-Modal Program-aid and State administered federal program
aid eligible costs, of a capital project, and appropriating funds, therefore.
Supv Leifer offered the following resolution and asked for its adoption:
WHEREAS, a Project for the Dryden Rail Trail Phase 2 P.I.N. 395071 (the “Project”) is
eligible for funding under Title 23 U.S. Code, as amended, and New York State Multi -Modal
Program administered by the NYS Department of Transportation (NYSDOT); and
WHEREAS, the Town of Dryden desires to advance the Project by making a commitment
of advance funding of the non-local share and funding of the full local share of the costs of the
project; and
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WHEREAS, the Town Board on December 15, 2016 issued a negative declaration under
Article 8 of the Environmental Conservation Law and Regulations adopted pursuant thereto by
the Department of Environmental Conservation of the State (collectively, “SEQR”) with respect to
work on the Dryden Rail Trail;
NOW, THEREFORE BE IT RESOLVED, that the Town Board, hereby authorizes the Town
of Dryden to pay in the first instance 100% of the federal and non -federal share of the cost of
Design, Row and Construction work for the Project or portions thereof; and it is further
RESOLVED, that the sum of $2,190,675 is hereby committed and will be bonded for and
made available to cover the cost of participation in the above phase of the Project; and it is further
RESOLVED, that in the event the full federal and non-federal share costs of the project
exceeds the amount appropriated above, the Town of Dryden shall convene as soon as possible
to appropriate said excess amount immediately upon receipt of notification by the Town from
New York State Department of Transportation (NYSDOT) , and it is further
RESOLVED, that the Supervisor of the Town of Dryden is hereby authorized to execute
all necessary Agreements, certification or reimbursement requests for Federal Aid and/or Multi -
Modal Project Funding on behalf of the Town of Dryden wit h the New York State Department of
Transportation in connection with the advancement or approval of the Project and providing for
the administration of the Project and the municipality’s first instance funding of project costs
and permanent funding of the local share of federal-aid and state-aid eligible Project costs and
all Project costs within appropriations therefore that are not so eligible, and it is further
RESOLVED, that a certified copy of this resolution be filed with the New York State
Commissioner of Transportation by attaching it to any necessary Agreement in connection with
the Project, and it is further
RESOLVED, this Resolution shall take effect immediately.
2nd Cl Lamb
Roll Call Vote Cl Sparling Yes
Cl Servoss Yes
Cl Skaley Yes
Cl Lamb Yes
Supv Leifer Yes
Varna Water/Sewer
The board discussed a proposed resolution prepared by Cl Skaley to authorize TG Miller
to prepare an engineering report and assist in application for funds to the Environmental
Facilities Corporation and NYS Department of Health for repair/replacement of water and
sewer mains in the hamlet of Varna. A lot of the information has already been gathered in
other efforts.
RESOLUTION #51 (2020) - Selection of TG Miller to prepare an engineering report and
assist with application to Environmental Facilities Corporation to fund replacement of
sewer and water mains in the hamlet of Varna.
Cl Skaley offered the following resolution and asked for its adoption:
Whereas, the water and sewer mains in the hamlet of Varna are old dating back to the 1950s
and 1960s and are in a state of disrepair and have experienced numerous breaks in past years,
and
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Whereas, the NYS DOT is scheduled for major roadwork on Route 366 in the hamlet of Varna
including repaving and sidewalk construction starting in the spring of 2022, and
Whereas, the initial deadlines to secure funds from the NY Environmental Facilities
Corporation for sewer funding is May 1 2020 for funding in 2021, and similarly, the anticipated
deadline for funding by the NY Department of Health is mid -summer 2020, and
Whereas, TG Miller has much of the information to generate a full engineering report by April
2020, be it therefore,
Resolved, that the Town Board of Dryden hereby authorizes the Town Supervisor to enter into
an agreement with TG Miller to complete a scope of work and an engineering report at a total
cost not to exceed $11,000.00 (funded by the applicable special districts) including cost
estimates separately for the water and sewer work in the hamlet of Varna and to provide
whatever other services are required to assist in the application of funds to the Environmental
Facilities Corporation and the NYS Department of Health.
2nd Cl Lamb
Roll Call Vote Cl Sparling Yes
Cl Servoss Yes
Cl Skaley Yes
Cl Lamb Yes
Supv Leifer Yes
Hanshaw Village MHP Refund
There was Stipulation & Consent Order in the matter of KDM Development Corporation
& Hanshaw Village MHP vs the Town of Dryden & Tompkins County. It provides for a
reduction in assessed value of $150,000 for 2014 through 2020. The amount to be refunded
has been calculated and the board was asked to authorize payment of this amount outside the
abstract.
RESOLUTION #52 (2020) – AUTHORIZE PAYMENT OUTSIDE THE ABSTRACT –
HANSHAW VILLAGE MHP
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board, pursuant to an Stipulation and Order filed in the
Tompkins County Supreme Court, hereby approves a payment outside the abstract to
Hanshaw Village MHP in the sum of $4,077.02 which represents a refund of taxes paid on the
value of $150,000 in assessed value for the years 2014 through 2020.
2nd Cl Skaley
Roll Call Vote Cl Sparling Yes
Cl Servoss Yes
Cl Skaley Yes
Cl Lamb Yes
Supv Leifer Yes
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COVID19 Response Updates
Staffing at town hall has been reduced and most are working from home. The town hall
is closed to the public. The town clerk’s office will continue to pick up and distribute mail,
answer the phones, respond to email and carry on daily duties to the exten t possible though
the office may not be staffed continually through the day. Highway employees are following
guidance issued by the NYS DOT Regional office. DPW staff are disinfecting highway and town
hall buildings. Highway/DPW staff are on 24-hour call. Local courts have been shut down for
45 day and court staff are not allowed to do any work activities. Recreation programs have
been cancelled for the next month and they are holding off on scheduling spring sports.
Supv Leifer has been in touch with the Superintendent of Dryden Schools. They have a
plan to get food to kids on free and reduced lunch or the backpack program. School is closed
for a month and they are doing remote lesson plans. If necessary, highway department staff
can help with delivery.
Ithaca Schools are also doing food delivery. Meal distribution is happening in Caroline
and at DeWitt middle school. If necessary, Varna Community Center may need to be utilized.
Ithaca is actually turning volunteers away. People who can’t get to distribution points can call
for delivery.
There is now a testing facility in the County.
The situation remains in flux and there are new executive orders daily.
The local Chamber and TCAD are waiting to see what m ay be needed to help local
businesses. The town has a business loan fund (need to follow HUD rules).
The CERT Team is putting together an ad for The Shopper for next Tuesday. There is a
Facebook group trying to figure out a community response what their role might be and how to
fill in where schools are missing.
Supv Leifer announced there will be a meeting on Saturday of town supervisors to see
what everyone is doing, determine who will need assistance locally and identify food pantries,
community dinners, etc. He asked R Burger to see about putting together a residence map.
Martha Robertson suggested the Human Services Coalition should be contacted.
Rail Trail Grant Application
The board has received a request from the Rail Trail Task Force to authorize a grant
application.
RESOLUTION #53 (2020) – AUTHORIZE THE DRYDEN RAIL TRAIL TASK FORCE TO
APPLY FOR A TOMPKINS COUNTY MUNICIPAL PARKS AND TRAILS GRANT
Supv Leifer offered the following resolution and asked for its adoption:
WHEREAS, the 2005 Town of Dryden Comprehensive Plan and the 2011 Recreation Master
Plan both identified a need for increased outdoor leisure and recreational space; and
WHEREAS, in the Spring of 2016 the Town Board appointed a Rail Trail Task Force made up of
volunteer community members and authorized it to take deliberate steps to develop a Dryden
Rail Trail in the historic Lehigh Valley Railroad corridor; and
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WHEREAS, the Task Force has made significant progress advancing the trail project including
obtaining easements along its 10.5-mile length, and
WHEREAS, the Task Force has obtained a $182,000 matching fund grant from the NYS Office
of Parks, Recreation and Historic Preservation Environmental Protection Fund (EPF), and
WHEREAS, the Task Force has obtained a $50,000 Tompkins County Tourism Capital Grant,
and
WHEREAS, the Town of Dryden has obtained a $1.5M New York State
Transportation Alternatives Program (NYS TAP) grant for construction of a Route 13 crossing
and for trail surfacing, and
WHEREAS, the Tompkins County Legislature, in adopting the 2020 budget allocated funding
for a Municipal Parks and Trails grant opportunity,
NOW THEREFORE BE IT RESOLVED that the Town of Dryden authorizes the Dryden Rail Trail
Task Force to apply for a Tompkins County Municipal Parks and Trails grant, not to exceed
$5,000, towards the cost of a trail-crossing plan and highway signage and safety features, to
include solar-powered pedestrian-operated signs, at the Game Farm Road crossing of the
Dryden Rail Trail.
2nd Cl Lamb
Roll Call Vote Cl Sparling Yes
Cl Servoss Yes
Cl Skaley Yes
Cl Lamb Yes
Supv Leifer Yes
COUNTY UPDATE
Martha Robertson reported the County opened an emergency operations center a week
ago and all the main players are in continuous contact. Frank Kruppa is leading the effort in
the virus crisis. The County Health Department has a wealth of information on their website
and it will continue to be updated.
Village elections have been postponed to March 28 and there is hope of moving the
presidential primary to coincide with the state primary.
County staff is working at 60% and they are working to reduce that. Certain things can
operate as they have been, others are definitely changed. Email or call before making
assumptions about a department being open and/or staffed.
Most county projects are out to bid at this point. Highway employees are mostly sent
home and by April 1 they may have a sense of what might move forward.
Administrative offices at the Sheriff’s office are closed. Visitation of inmates is
suspended. Phone calls from inmates are free for now.
Social Services is operating by phone. Tompkins Workforce NY is closed and has a new
system for filing unemployment claims. County health nurses are following up and monitoring
people in quarantine. The hospital is planning ahead for surged spaces.
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Supv Leifer reported the broadband grant deadline was pushed to March 31 and may
be pushed back further.
Cl Skaley will be taking the lead on the grant application for the water/sewer funding.
John Kiefer reported the Planning Board is planning to meet via Zoom next week.
Supv Leifer may call the board for a special meeting next week if necessary.
There being no further business, on motion made, seconded and unanimously carried,
the meeting was adjourned at 7:41 p.m.
Respectfully submitted,
Bambi L. Avery
Town Clerk