HomeMy WebLinkAbout2021-09-16TB 9-16-21
Page 1 of 13
TOWN OF DRYDEN
TOWN BOARD MEETING
September 16, 2021
Zoom Hybrid
Present: Supervisor Jason Leifer, Cl Daniel Lamb (via zoom), Cl James
Skaley, Cl Loren Sparling,
Absent: Cl Leonardo Vargas-Mendez
Elected Officials: Bambi L. Avery, Town Clerk
Rick Young, Highway/DPW Superintendent
Other Town Staff: Ray Burger, Planning Director
Amanda Anderson, Bookkeeper
Peter Walsh, Town Attorney
Supv Leifer called the meeting to order at 6:14 p.m.
Cl Sparling shared some suggested edits to the August minutes that were incorporated.
RESOLUTION #147 - (2021) – APPROVE MINUTES
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves the meeting minutes of August 12,
August 19, and August 27, 2021.
2nd Cl Sparling
Roll Call Vote Cl Sparling Yes
Cl Skaley Yes
Supv Leifer Yes
COUNTY BRIEFING
Martha Robertson reported the county was able to bring in a budget well below the tax
levy cap (7.24%) because of various sales tax agreements with towns like Dryden. The levy
increase is 2.7% . That would add $42 dollars to the tax bill of a median home valued at
$205,000. There will be a solid waste fee increase from $70 to $75. There are still many
meetings to come on the budget.
Last night they had a pretty in-depth meeting about their fund balance. They had voted
to take the almost 20 million in American Rescue Plan funds ($10 million this year and $10
million next year) and allocate that to county initiatives because of reporting requirements.
There was a sort of tacit agreement that they would do some kind of a community fund with
county fund balance for one-time expenses to benefit the community. After a lot of debate,
last night they voted to establish that fund. They voted to put in $7 million this year with no
particular commitment for the following years to be used for a v ariety of community needs such
as affordable housing, childcare, and such. Applications will be solicited and reviewed. They
hope to have that in place by December 31.
M Robertson thanked Jim Skaley for attending the facilities and infrastructure meeting
this morning. They had another discussion about BridgeNY funding and the county’s
participation. There was a vote on a resolution that required the county to approve any final
TB 9-16-21
Page 2 of 13
design and by a 2-3 vote it failed. Jeff Smith put forward language that promised that
anything up to 20% of the original budget the county would pay for. If there was anything
above that, they would need to determine what the costs were due to and what costs the
county would pay for. They are working on formal language and will get that in front of the
committee next month.
Turkey Hill Road is being repaved from Ellis Hollow Road to Route 366. They are
adding paved shoulders. It is not striped or finished yet.
Supv Leifer explained that generally when there is bridge work, the county pays 80% of
the cost of reconstruction and the town pays 20%. Now when the town gets a BridgeNY grant
(prepares the application and manages the project), the county will pick up th e 20% grant
match. M Robertson said the town’s effort to put in the application and manage the project is
deeply appreciated and they want to be a good partner with all municipalities on these projects.
PLANNING DEPARTMENT UPDATE
Ray Burger said the monthly report is on the web. Concerning the consolidated sewer
district and our outflow going through Cornell campus, there was an agreement that expired in
2008 and they are in the process of renegotiating that. It needs to be in place in order to do
the update on the Varna sewer and is expected before the end of the calendar year.
Cl Skaley noted that TG Miller Engineers will need to brief the town attorney on the
easement at the corner of Freese Road.
HIGHWAY DEPARTMENT
Highway Superintendent Rick Young would like to purchase two 2023 Western Star
trucks off the Onondaga County bid. One would be a tractor to haul the flow boy and low boy
and the other would be a dump truck/snowplow truck. According to his salesman, the longer
we wait, the more the price will increase. We are probably looking at December or next year for
delivery. He noted that he currently has four trucks down. Five to seven years is the
recommendation for your frontline trucks and some of his are 2007, 2008, 2009 and a couple
2011, so we are getting outdated.
RESOLUTION #148 (2021) – AUTHORIZE PURCHASE OF TRUCKS
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves the purchase of a 2023 Western
Star 49X Cab and chassis per spec with snowplow and wing systems and a 2023 Western Star
4700SF 47X cab and chassis per spec with plow body package, per Onondaga Contract #8996,
using funds from equipment budget DA-5130.2, not to exceed $545,000.00 in total.
2nd Cl Skaley
Roll Call Vote Cl Sparling Yes
Cl Skaley Yes
Supv Leifer Yes
Cl Skaley thanked R Young for filling the potholes on the approaches to the Freese Road
Bridge.
DISCUSSION/ACTION ITEMS
Cl Lamb arrived via zoom.
TB 9-16-21
Page 3 of 13
Independent Audit
Supv Leifer explained the town hired a CPA firm to conduct an independent audit of the
town’s finances for 2020. They made a couple of recommendations. The board had a
presentation by the firm last week and has had a week to ask any questions of the auditors.
He noted that it had been a very long time since the town had had an independent audit of
financials, though the Annual Update Document is filed with the state each year. The
documents are available on the town’s website.
Resolution #149 (2021) Acceptance of Audited Financial Report for the Fiscal Year
Ended December 31, 2020
Supv Leifer offered the following resolution and asked for its adoption:
Whereas, the Town of Dryden entered into a contract for auditing services with Insero & C o,
CPAs, LLP, for the purpose of conducting an external audit of the town’s financial records for
fiscal year 2020, and
Whereas, the audit firm of Insero & Co, CPAs, LLP, has completed its audit of the financial
statements of the Town of Dryden for the fiscal year ended December 31, 2020, and has
presented the Financial Report to the Town Board, and
Whereas, the audit firm as opined the 2020 financial statements contained in the prepared
Financial Report present fairly, in all material respects, the finan cial position and the results of
operations of the Town as of, and for, the year presented in the Financial Report,
Whereas, the audit team has reviewed the results with the Town Bookkeeper and presented
their findings to the Town Board,
Resolved, that the audited Town of Dryden Financial Report for the period ended December 31,
2020, is hereby accepted and will be filed in the Town Clerk’s office.
2nd Cl Skaley
Roll Call Vote Cl Sparling Yes
Cl Skaley Yes
Cl Lamb Yes
Supv Leifer Yes
Budget Workshops
The tentative budget (requests by departments) is due to the board by October 5. They
discussed dates for budget workshops and set them for October 7, October 14, October 19, and
if necessary, October 26 at 6:00 p.m. with a public hearing anticipated for November 4.
Fire Coordinator Position
Last week the board saw a proposal for a fire coordinator position t o be added in the fire
district budget. There will be more discussion in the budget process. This wou ld be a part-
time position and this person would help the board work more closely with the fire
departments and rescue. There will be some startup costs for separate equipment. The person
would act as a chief during the day and would be an active firefighter in a department but not
a part of the leadership. They will be a town employee, reporting to the town board, and there
will be an application process. It will be someone with experience in fire and EMS as they will
be helping the board manage EMS protection for the town. Duties would include coordination
TB 9-16-21
Page 4 of 13
of equipment, analyzing budgets, helping with recruitment, maintaining training records, and
other responsibilities.
The idea has come up here and there in past years and there is a job description
proposed. It should be someone who has been active in the departments for some time and is
familiar with the people and departments. The town can use fire protection district fund
balance for the startup equipment costs, but recurring costs will be in the current year budget.
Recreation Department
Supv Leifer explained the Recreation Department had a situation come up and the
director has decided that in the interest of safety, she would like participants in the programs,
because they are 12 years old and younger, to wear masks as well as spectators due to the
uptick in Covid numbers. They are not yet able to get vaccines for children 12 years old and
under. The masks prevent your droplets from going to someone else’s face. He f eels it is the
right decision and backs her one hundred percent. It is a good policy, and if things change,
we’ll follow the best available guidance we have. It shouldn’t be an issue and is i n the interest
of safety. We don’t want a team to not be able to play at all because they have to quarantine.
Other recreation departments are doing similar things. The board agrees with the Recreation
Director’s decision. Supv Leifer noted these children are the least protected of everyone in
town.
IAWWTP – Digester Repair Cost Overruns
Atty Walsh explained this is an extension of discussion at a previous meeting regarding
digester problems that were reviewed and priced, and it has been determined that the price is
low because of more problems being discovered. The approval is not subject to permissive
referendum because it is classified as an emergency repair under General Municipal Law
§103(4). He will prepare a resolution for the October meeting.
Behind the Meter Agreement Extension
R Burger explained this is an agreement started in 2018 and they now want to extend it
to 2023. It is a demonstration project that is working really well.
RESOLUTION #150 OF 2021 – AUTHORIZE EXTENSION OF BEHIND THE METER
BATTERY STORAGE SYSTEM AGREEMENT
Supv Leifer offered the following resolution and asked for its adoption:
WHEREAS, the Town of Dryden is one of the Municipal Owners of the Ithaca Area Wastewater
Treatment Facility (“IAWWTP”); and
WHEREAS, the Town by Resolution # 78 of 2019 authorized the entry of a certain Behind the
Meter Battery Storage System (“BTM”) Demonstration Program preliminary Agreement dated
May 31, 2019 (“BTM Agreement” as one of the Municipal Owners; and
WHEREAS, the Special Joint Committee of the IAWWTF recommends that the BTM Agreement
be amended to extent its term for two years and to remove a subscription fee from the
demonstration program;
NOW, it is hereby
RESOLVED, that the Supervisor is authorized and requested to execute and deliver as the act
TB 9-16-21
Page 5 of 13
of the Town a certain “Amendment Number 1 to The Behind the Meter Battery Storage System
(BTM) Demonstration Program Preliminary Agreement” in the form attached, and the members
of the Town Board append their signatures thereto to signify their consent to the entry of such
agreement.
2nd Cl Skaley
Roll Call Vote Cl Sparling Yes
Cl Skaley Yes
Cl Lamb Yes
Supv Leifer Yes
Remediation and Indemnification Agreement
This agreement grants NYSEG the temporary right to enter onto the IAWWTP property
for the purpose of doing what needs to be done under a consent order with DEC for the
remediation of the coal tar that permeated the property decades ago.
RESOLUTION #151 OF 2021 – AUTHORIZE ENTRY OF REMEDIATION AND
INDEMNIFICATION AGREEMENT
Supv Leifer offered the following resolution and asked for its adoption:
WHEREAS, the Town of Dryden is one of the Municipal Owners of the Ithaca Area Wastewater
Treatment Facility (“IAWWTF”); and
WHEREAS, the premises of the IAWWTF are the subject of a multi -site consent order and
Remedial Design Work Plan (“Work Plan”) made between New York State Electric & Gas
Corporation (“NYSEG”) and the New York State Department of Environmental Conservation for
the clean up of coal tar and other contaminants for which NYSEG is exclusively responsible;
and
WHEREAS, the Town has previously consented as one of the Municipal Owners to the entry of
NYSEG on the IAWWTF premises (“Premises”) for the purpose of sampling and evaluation; and
WHEREAS, NYSEG and its contractors for the Work Plan now require access to the Premises to
perform remediation required by the Work Plan and consent order, including a time -limited
license to occupy portions of the Premises; and
WHEREAS, NYSEG agrees to indemnify and hold harmless the Municipal Owners including the
Town of Dryden from and against any claim or damage that might arise out of NYSEG’s
occupancy of the Premises;
NOW, it is hereby
RESOLVED, that the Supervisor is authorized and requested to execute and deliver as the act
of the Town a certain “Agreement for Remediation and Indemnification” between NYSEG and
the Municipal Owners, and the members of the Town Board append their signatures thereto to
signify their consent to the entry of such agreement.
2nd Cl Sparling
Roll Call Vote Cl Sparling Yes
Cl Skaley Yes
Cl Lamb Yes
Supv Leifer Yes
TB 9-16-21
Page 6 of 13
Scottie’s Auto Repair 2171 Dryden Rd
An application to amend the special use permit at 2171 has been received. The board
scheduled a public hearing for October 21, 2021, at 6:05 p.m. The Planning Board will be
looking at it next Thursday and provide an opinion.
Gulf Hill Road Speed Limit Reduction Request
The board has received a petition from Gulf Hill Road residents for a lower speed limit,
from 55 mph to 40 mph between its intersection with Malloryville Road and the hamlet of
McLean in the Town of Groton. Cl Lamb said he is familiar with this windy, hilly, short road
with a lot of people who are out walking and riding bikes and he supports the request.
RESOLUTION #152 (2021) – REQUEST LOWER SPEED LIMIT ON GULF HILL ROAD
Supv Leifer offered the following resolution and asked for its adoption:
WHEREAS, the Town Board has received a petition and supporting photos from
residents of Gulf Hill Road requesting a reduction of the speed limit on that road from 55 miles
per hour to 40 miles per hour between the town of Groton line and the intersection o f Gulf Hill
Road and Malloryville Road, and
WHEREAS, being concerned for the safety of its residents and that of the travelling
public, the board believes the request if reasonable,
RESOLVED, that the Dryden Town Board supports the request for a lower speed limit
on Gulf Hill Road between the town of Groton line and the intersection of Gulf Hill Road and
Malloryville Road and directs the Town Clerk to prepare the appropriate document and send it
together with the petition to the Tompkins County Highway Manager for delivery to the New
York State Department of Transportation.
2nd Cl Lamb
Roll Call Vote Cl Sparling Yes
Cl Skaley Yes
Cl Lamb Yes
Supv Leifer Yes
Proposed Public Auction by NYSEG of property on Cayuga Lake
Supv Leifer said he understands that this proposed public auction is for 470 acres of
land, undeveloped shoreline, owned by NYSEG on Cayuga Lake. This was discussed at the
TCCOG meeting and at the county. The majority of shoreline on Cayuga Lake is privately
owned. The Lansing Town Board is opposed to this auction and would like to see the land
preserved. It seems that the PSC is requiring that they hold an auction because it is rate payer
issue. Cl Lamb said he believes there have been exceptions made in some instances and the
land was not auctioned. Adoption of this resolution will support the town of Lansing and the
position of a lot of people in the area.
Resolution #153 (2021) - Opposing the Proposed Public Auction of Certain Property on
the Eastern Shore of Cayuga Lake by the New York State Electric and Gas Corporation
(NYSEG)
Supv Leifer offered the following resolution and asked for its adoption:
TB 9-16-21
Page 7 of 13
WHEREAS, New York State Electric and Gas Corporation (“NYSEG”) owns a 470 - acre parcel of
land on the eastern shore of Cayuga Lake, in the Town of Lansing, which parcel is known in
Tompkins County as the “Bell Station Property,” and
WHEREAS, the Bell Station Property includes more than 3,000 feet of pristine, undeveloped
shoreline and a mature forest with two scenic gorges, and provides prime wildlife and bird
habitat, and
WHEREAS, the Bell Station Property has been identified as part of the “Finger Lakes Shoreline
and Riparian Zones” category of Regional Priority Conservation Projects in the New York State
Department of Environmental Conservation’s Open Space Conservation Plan (at pages 149 -
150), a comprehensive plan that describes the State’s current open space conservation goals,
and
WHEREAS, the Bell Station Property has been designated by the Tompkins County
Environmental 16 Management Council as a Unique Natural Area (“UNA”), based upon the
property’s unique geology, topography, and botanical and biological diversity, and
WHEREAS, the purpose of the UNA designation is to identify an d describe areas in the County
with outstanding environmental qualities, to identify and describe areas in the County with
outstanding environmental qualities, and to help people make informed choices about
development in or near these areas, and
WHEREAS, the Bell Station Property has been listed as the number one “distinctive view” in
the Town of Lansing’s 2021 Scenic Resources Inventory, and has been designated as future
public-access conservation land in the Town of Lansing’s Comprehensive Plan, and
WHEREAS, because almost 90% of the Cayuga Lake shoreline is privately owned, the value of
conserving and dedicating shoreline property to public access is extremely important to the
residents of Tompkins County, and
WHEREAS, the Bell Station Property has been identified by the Finger Lakes Land Trust
(“FLLT”) as a priority conservation parcel, and
WHEREAS, the New York State Department of Environmental Conservation (NYSDEC) has
designated the FLLT as its agent in seeking the acquisition of the shoreline portion of the Bell
Station Property for the establishment of a public wildlife management area, and
WHEREAS, the Bell Station Property is large enough to permit development of a solar
installation as well as conservation of its shoreline and natural areas, and
WHEREAS, for the foregoing reasons, local stakeholders, including the FLLT, representatives of
the Town of 41 Lansing, and Senator Pamela Helming, have attempted to convince NYSEG to
negotiate a sale of the Bell Station Property to the FLLT for the purposes of conservation,
recreation, public access to Cayuga Lake, solar energy production, and
WHEREAS, NYSEG recently, and without warning to the local stakeholders, listed the Bell
Station Property for sale by public auction, describing it as “commercial land” and “a perfect
candidate for potential waterfront residential development” (see https://www.ten-
x.com/listing/bell-station-lansing-ny-14580/1000014888/), and
WHEREAS, according to the auction sale posting, NYSEG’s sale of the Bell Station Property is
contingent on obtaining regulatory approval from the New York State Public Service
Commission as required by Section 70 of the Public Service Law, and
TB 9-16-21
Page 8 of 13
WHEREAS, the benefit to rate payers of NYSEG’s proposed commercial auction sale to NY is
not as great as the benefit to rate payers and County and State residents of a negotiated
private sale that would result in conservation of the shor eline and natural areas, as well as
possible development of much-needed community solar installation on part of the property,
and
WHEREAS, the New York State Department of Environmental Quality, Tompkins County, and
the Town of Lansing have all clearly identified preservation of the shoreline and natural areas
of the Bell Station Property in their current, undeveloped state as a priority for environmental
and recreational purposes, now therefore be it
RESOLVED, That the Dryden Town Board requests that NYSEG take action to cancel the
proposed auction of the Bell Station Property and instead immediately enter into negotiations
with the FLLT to bring about a sale for conservation that would provide NYSEG with fair
market value compensation for the property,
RESOLVED, further, That a certified copy of the resolution be sent to Governor Kathy Hochul,
the Honorable Basil Seggos, Commissioner of the New York State Department of Environmental
Conservation, the Honorable Michelle I. Phillips, Secretary to the New York State Public Service
Commission, New York State Senate Leader Andrea Steward -Cousins, New York State
Assembly Speaker Carl Heastie, New York State Senator Pamela Helming, and New York State
Assembly Member Anna Kelles.
2nd Cl Skaley
Roll Call Vote Cl Sparling Yes
Cl Skaley Yes
Cl Lamb Yes
Supv Leifer Yes
Proposed Law to Override the Tax Levy Limit
Supv Leifer presented a draft local law to override the tax levy limit established in
General Municipal Law Section 3-c. He explained it is the same language used each year. This
is done as a precaution because even if you are under the cap in your main budget, you’ll need
this in place if a special district exceeds the levy cap. It may not be necessary, but we should
have it in place. The public hearing was set for October 14, 2021, at 6:05 p.m.
LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL
MUNICIPAL LAW §3-C
Be it enacted by the Town Board of the Town of Dryden as follows:
Section 1. Legislative Intent: It is the intent of this local law to override the limit on
the amount of real property taxes that may be levied by the Town of Dryden, County of Tompkins
pursuant to General Municipal Law §3-c, and to allow the Town of Dryden, County of Tompkins
to adopt a town budget for (a) town purposes, (b) fire protection districts, and (c) any other special
or improvement district, and Town improvements provided pursuant to Town Law Article 12 -
C, governed by the Town Board for the fiscal year beginning January 1, 2022 and ending
December 31, 2022 that requires a real property tax levy in excess of the “tax levy limit” as
defined by General Municipal Law §3-c.
Section 2. Authority: This local law is adopted pursuant to subdivision 5 of General
Municipal Law §3-c, which expressly authorizes the Town Board to override the tax levy limit
by the adoption of a local law approved by vote of at least sixty percent (60%) of the Town Board.
TB 9-16-21
Page 9 of 13
Section 3. Tax Levy Limit Override: The Town Board of the Town of Dryden, County
of Tompkins is hereby authorized to adopt a budget for the fiscal year 2022 that requires a
real property tax levy in excess of the limit specified in General Municipal Law §3-c.
Section 4. Severability: If any clause, sentence, paragraph, subdivision, or part of
this Local Law or the application thereof to any person, firm or corporation, or circumstance,
shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such
order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be
confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local
Law or in its application to the person, individual, firm or corporation or circumstance, directly
involved in the controversy in which such judgment or order shall be rendered.
Section 5. Effective date: This local law shall take effect immediately upon filing with
the Secretary of State.
ADVISORY BOARD UPDATES
Planning Board – Cl Lamb reported that last month there was a good discussion
regarding the census count and loss of population. There was general agreement that the up
and downs of TC3’s enrollment could account for a good portion of that 500-person loss as well
as the impact of short-term rentals. They talked about the termination of the Trinitas project
and the need to get written documentation of that. There may be a new proposal coming
forward.
Last night there was a good discussion on a vision statement for the town and the
Planning Board did arrive at a new draft vision statement, subject to input from town
residents. The draft statement is “The town of Dryden is committed to sustainable and
inclusive development that preserves open space, protects its rural character, and supports its
agricultural heritage while improving the quality of life of current and future residents.” The
next comp plan meeting is Sept 29.
Conservation Board – Did not meet in August and will meet next on September 28.
Dryden Recreation & Youth Commission - Will meet next week and devote their
meeting to goals.
Ag Advisory Committee - Cancelled their September meeting.
Rail Trail Task Force - Did not meet in August.
Safety & Preparedness Committee – There is a vacancy on that committee and an
application has been received. The board can take that up at the agenda meeting next month .
No minutes have been received from their September 6 meeting.
Climate Smart Task Force – Postponed their September meeting to September 21.
Supv Leifer said the LED streetlight project is moving along. Today documents were sent off to
finalize the purchase of the fixtures and lights. The construction portion of the project is
expected to start shortly.
Broadband Committee – Supv Leifer said there is another meeting again tomorrow
morning at 10:30. The board approved the bid from Ciena for the backend equipment last
week. Fiber for the backbone has been delivered and bandwidth secured. There is no word yet
TB 9-16-21
Page 10 of 13
on the ARC grant application and they are optimistic about that. If awarded, it will help with
more backbone construction. The Village of Dryden and around its edges will be the first group
to be offered service. One equipment room will be at town hall, and one will be on the other
side of town. There is a contract in place with Netegrity to do the customer service component.
A website for the project is being constructed. There will be more activity and news in October.
Once people are connected, they will have a system that is faster than Spectrum for both
upload and download. It will be built to be functional for decades into the future. ARP funding
will be used for this project.
Supv Leifer said Tompkins County did a study with Fujitsu. Supv Leifer said they are
not looking to do anything very ambitious county-wide other than providing funds to existing
companies to try to fill in gaps, including Spectrum. Madison County and its towns are
cooperative in a county-wide approach. They are devoting ARP money toward a fiber system
and Empire Access is going to be the servicing company. They received a ten -million dollar
ReConnect grant from the USDA because of what they are attempting to do.
Cl Lamb said he has group of graduate students doing a market analysis for the
broadband initiative. They will look at best practices and how municipal broadband has been
marketed elsewhere in the county and what it takes to get people to transition from brand
loyalty and switch to what the town has to offer.
Varna Water/Sewer – Cl Skaley has forwarded to the town attorney information from
the Environmental Facilities Corporation. Atty Walsh has been negotiating a new agreement
with Cornell University and working on the easement for the property on Freese Road.
CITIZENS PRIVILEGE
Tom Corey, Lee Road, thanked Jason Leifer and Rick Young for participating in the
9/11 Memorial last Saturday. It was a moving and important event.
He is doing an ad hoc reading of the constitution tomorrow at 6:00 at the village
fountain. It is important to remember our American heritage and the constitution that formed
the nation on Constitution Day.
On March 31, 2021, our former governor signed into effect the marijuana regulation
and taxation act for New York State, legalizing the use of marijuana. There is a provision in
that act, section 131, which allows a municipality to opt out of allowing the operation of
marijuana dispensaries or onsite consumption facilities in their municipality. If you are going
to act on this, you must do it by December 31. He has not seen any indication that the town
has had any public discussion on the issue. He suggests that the town should opt out
because:
1 - Marijuana is still a federally controlled drug even though it is approved for legal use
in New York State. Although dispensaries allow for use of marijuana for those over the age of
21, we all know if it is available, like alcohol, it will be available for everyone regardless.
2 – There are issues with secondhand smoke. Secondhand smoke, whether marijuana
or tobacco, is effectively the same as far as how it affects individuals.
3 – The town has a major highway, Route 13 is going through, and people should have
an opportunity to vote on this. It is subject to permissive referendum. You can change your
decision in the future and opt back in if you want. He thinks this is something the town
should have an opportunity to vote on.
TB 9-16-21
Page 11 of 13
Craig Schutt referred to the Design Connect Rail Trail Concept Plan from 2015. It
talks about safety issues quite extensively, and particularly by Pinckney Road and through the
industrial park. They created some alternatives for better safety going around that. One of the
suggestions at last month’s meeting was a plan for an alternative trail, and that is basically one
of the options in the report. A lot of people have expressed concern with the big truck coming
in and out. If the trail was there first and the concrete plant came for a permit to go there,
would the board approve it? He doesn’t think so. It would be an incompatible use. So why
isn’t the trail going through the industrial park an incompatible use? You can’t have it both
ways. That concrete plant had tried to go two other places in Dryden and couldn’t get a permit
because safety was a concern, and it was incompatible. If the town doesn’t give careful
consideration to the idea of getting around there, he believes they are negligent. If someone
was hurt going on a trail through there, who is liable? Would the town be liable? It is the only
industrial park in the town and now we are going to put a trail through the middle of it. This
alternative would remove the need for the pedestrian bridge, which is a very contentious issue
right now. You wouldn’t need the bridge if the trail went down around Fall Creek and under
the Fall Creek bridge. He thinks the town is not doing its job unless it gives careful
consideration to this issue on safety.
Joe Osmeloski, 2180 Dryden Road, spoke about the financing of the bridge as it relates
to the rhetoric, we keep hearing that no Dryden taxpayer money will be used on the bridge. He
believes it has already been done. The TAP grant requires a $360,000 matching fund from the
town. That is taxpayer money. Even considering in-kind work, he has never seen any
definitive costs on the bridge. All they’ve seen is a number thrown out $3,000,000, and it can
be more than that. Everything has gone up during the pandemic. His concern is that we’ll
start the project and when it is all said and done, we don’t have the money to pay for it. He
read from resolutions #49 and #50 of the board passed March 19, 2020, as they relate to the
TAP grant and the multi-modal grant as it relates to DOT. In the resolutions it says “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 the Department of
Transportation.” If the rhetoric is that no Dryden taxpayer money is going to be allocated, he
doesn’t know why that section is in the resolutions. It basically says that if we come up short,
the taxpayers are paying for it. But we keep the rhetoric no taxpayer dollars. If that is true,
the board should rescind those resolutions from March 19, 2020, and write the resolution with
proof that no taxpayer money will be used by taking that part of the resolution out. If the
board did that, he might trust the rhetoric that no taxpayer money will be used. But if we go
ahead and have $3,000,000 of grant money (and we don’t, we have $2,200,000 right now) and
the project costs $4,000,000, according to the resolutions, the board has to convene right away
and take a million dollars of taxpayer money to make up the difference. Unless you have
another way of paying for it, and he doesn’t know how that is possible. Prove to us that no
taxpayer money will be paid and rescind those resolutions and take that paragraph out.
Jolene Lyon read the attached statement.
Shirley Lyon said she would like to see the alternative path considered. She looked
through the Federal Highway Administration’s residents guide for creating a safer community,
walking, and biking. It goes through every road crossing you can possibly have. The one we
are dealing with on Pinckney Road does not even exist in here. You can’t go over it, you can’t
go under it, you can’t go around it, and so they do in their universal guidebook, suggest finding
these areas and redirect the path or mitigate in some way. The other thing is kids are riding on
gyro boards now. They can go up to 18 miles per hour and they can go right out into the road.
There is no getting off and walking, they’ll just go across. The most recent map published in
Tompkins Weekly shows the trail right on top of Hanson’s driveway (blown up section
attached). Not only are you dealing with going across, but you are also encouraging people to
come up from the north side of Pinckney Road to enter on to the rail trail and that is putting
TB 9-16-21
Page 12 of 13
more people in that intersection. You have to go look at this. The town would be negligent if
they did not go. Those board members who have remained quiet thr ough this share equally,
whether they stay quiet or not.
Jacques Schickel proposed a working title for the bridge project. Given that so many
lies have been told by the Rail Trail Task Force and the Town Board, he thought the working
title of the project could be Liar’s Bridge.
Chuck Geisler, 517 Ellis Hollow Creek Road, said as he drove in tonight, he passed a
large number of people with opposition signs to the rail trail bridge and to eminent domain. He
read the attached statement.
S Price asked if the bridges C Geisler referred to were highway bridges or pedestrian
bridges and he replied they were highway bridges. She said she understands use of eminent
domain for the good of the people, but this is a walking trail. She doesn’t see the comparison.
J Schickel said regarding eminent domain and compensation, in the case of Mrs. Hale
you are talking about taking a small sliver of her land, so the compensation becomes what the
market value is. But the fact is you are damaging the value of the rest of her property. If you
put in this elevated thing, she won’t have full privacy and that dimini shes her property, and
you are not compensating her for her whole property and the loss of value to her property. He
said the board has a responsibility to look into that.
Supv Leifer said there are a lot of assumptions. If someone has a concern about
privacy, it will be addressed however it needs to be addressed.
S Price said she has asked for signs that have not been provided.
Paula Parker said it is hard to understand some people here. She cannot find or
understand how many people will use this trail and this bridge. Where is the count of the
number of people who are using this bridge? Syracuse and Binghamton are documenting
monthly use of their trails and it is published. We have nothing like that here.
Other comments:
o There is a lot of public response in favor.
o There is a lot of support for the trail, but not for the bridge.
o There is support for the bridge.
o How many people will use this bridge/trail through an unsafe industrial park,
across the highway into Varna?
o You can’t build a bridge on dreams; you owe us facts.
T Corey asked for comment on his request for action on the marijuana issue and said
the process has to be completed by the end of the year.
S Lyon asked that board members visit the site of the Pinckney Road crossing. Supv
Leifer said he has visited the site. The path suggested was looked at a couple of years ago.
Cornell would need to give us permission, and if they aren’t ready to do that, they aren’t ready
to do that.
J Osmeloski said he understands that eminent domain is a legal process, but it is
immoral to take someone’s property when they just don’t want to give it up. If the only option
was to the build the bridge and go that way, he’d be all for it, but there are other options where
no one is forced to give up their land.
TB 9-16-21
Page 13 of 13
S Price would like an accounting of how much money has been spent on this trail
already. Her brother’s property was purchased, and a $70,000 bridge was built over Little
Egypt Creek so he could bring a combine across it to get to a field. There has been a lot of
money spent already on this project.
Supv Leifer said he can ask the bookkeeper to find that out. In-kind contributions
include work by town employees. That is how towns and cities across the state account for
local contribution when it is their staff time or employees’ time on a project.
There being no further business, the meeting was adjourned at 8:06 p.m.
Respectfully submitted,
Bambi L. Avery
Town Clerk