Loading...
HomeMy WebLinkAbout2021-11-18TB 11-18-21 Page 1 of 19 TOWN OF DRYDEN TOWN BOARD MEETING November 18, 2021 Zoom Hybrid Present: Supervisor Jason Leifer, Cl Daniel Lamb, Cl James Skaley, Cl Loren Sparling, Cl Leonardo Vargas-Mendez Elected Officials: Bambi L. Avery, Town Clerk Other Town Staff: Ray Burger, Planning Director Supv Leifer opened the meeting at 6:05 p.m. Board members and audience recited the pledge of allegiance. APPROVE MEETING MINUTES Cl Sparling provided some edits. RESOLUTION #188 (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 October 7, October 14 and October 21, 2021. 2nd Cl Lamb Roll Call Vote Cl Sparling Yes Cl Vargas-Mendez Yes Cl Skaley Yes Cl Lamb Yes Supv Leifer Yes PUBLIC HEARING 17 HALL WOODS ROAD SITE PLAN REVIEW & SPECIAL USE PERMIT APPLICATION Supv Leifer opened the public hearing at 6:07 p.m. No SEQR required. Ray Burger explained that this is a reuse of facility at 17 Hall Road, the old VanGuard Press building. A new business, Knickerbocker Bed Frame Company, is coming into the building. It is a new use that requires a Special Use Permit and site plan review hearing before Town Board. The Planning Board reviewed it and made recommendations (those minutes are on the web). It is exempt under SEQR. The project also underwent review by Tompkins County, the standard 239 review. The County recommended the applicant document consideration of the County’s four energy elements in new construction guidance and the applicant has responded to that request. Owner, Rich Polevoy, and representatives from his team at Hunt Engineers and LeChase are present. The board heard from the applicant last month and there are no changes from last month. Rich Polevoy, owner of the business, said it has been gratifying to see how warm the welcome has been from the government agencies and the neighbors he has met and communicated with. They are comfortable coming here; know they made the right decision and are pleased to be part of the community. TB 11-18-21 Page 2 of 19 Questions & Comments from the public: • Will there be any painting, specifically powder coating versus an ionization process? Yes, there will be powder coating. • Will ovens be involved? Yes. • How will they be heated? Not determined yet; they are working with a company on a brand-new system. The equipment is used inside. Waste from the process is contained and recycled. • How much and frequency of traffic? They get trucks during normal business hours, rarely after 5:00 pm. 3-5 inbound and outbound. • Number of employees and hours? – 80 employees will be spread over three shifts with the bulk of them working normal working hours. They keep the equipment running 24/7 with smaller crews on the other shifts to save energy. Expects the impact will be far less intense than the printing business. Very rare to have a weekend delivery. • Noise – They won’t need the noisy pollution control system there currently. It will be dismantled and removed. They are conscious of the neighbors and will try to put any presses/noise away from the neighbors. Their machines make very little noise, and the building will buffer a lot of the noise. • Concern about the sidewalks, bicycles, e-bikes and those travelling on Hall Woods Road and parking. How will this be mitigated and not have the rail trail impac t the business? Higher liability risk for the business. The sidewalk reference in the application was for repair to existing sidewalks and making them ADA accessible, not putting new sidewalks along the roadway. • Concern for the protection of the industrial zone and safety of the public. • E-bikes may be coming through the industrial zone. People may exit the trail the n travel through the park. There may be an impact on safety and on the business. Will the town install sidewalks? The question is not applicable to the special use permit. • Has the applicant been approached by the Rail Trail Task Force to allow trail users to park in the business parking area? No. • There is concern for increased traffic in the area and there is already a parking problem along Hall Road. Applicant should not want to add more traffic than its employees and trucks. • There are 173 parking spaces on the property and other buildings have parki ng for their own purposes. There should be no added parking on the surrounding roads. • The town has instituted the stretch code. Will the applicant have to install electric vehicle charging stations? Applicant will comply with the stretch code. • Knickerbocker was welcomed to the community and the speaker added it is great that things are still being made in America. The public hearing was closed at 6:27 p.m. and the draft resolution was reviewed. With respect to a comment about noise, Supv Leifer noted that the town does have a noise ordinance that applies to commercial properties. RESOLUTION #189 (2021) - Approving Site Plan and Special Use Permit for a furniture manufacturing facility at 17 Hall Road, Tax Parcel 52.-1-4.32 Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, A. Knickerbocker Bed Frame Company, Richard Polevoy, owner, has applied for a Special Use Permit (SUP) and site plan review to manufacture furniture in an existing building at 17 Hall Road, Tax parcel 52.-1-4.32; and TB 11-18-21 Page 3 of 19 B. This site is located in the Light Industrial/Office zoning district and was previously used for a printing business, Vanguard Press; and C. An application, sketch plan, and short EAF have been submitted, and D. The Town Planning Department considers the application complete and in conformance with the requirements of the Code of the Town of Dryden (Code) §270-5.2, §270-6.1, §270- 11.2, §270-12.1 and §270-13.3, and E. The Town Planning Board reviewed the site plan as originally submitted and made recommendations at their October 28, 2021 meeting and these have been considered by the Board, and F. The Tompkins County Planning Department has reviewed the application pursuant §239 –l, -m, and –n of the New York State General Municipal Law, and G. In a letter dated November 10, 2021, the Tompkins County Department of Planning and Sustainability recommended that the applicant document that they have considered the four energy elements for new construction projects outlined in the Tompkins County Energy Recommendations for New Construction (2018) , and H. The applicant provided that energy documentation in a letter dated November 16, 2021, and I. A public hearing was held on November 18, 2021 with public comments registered in the meeting minutes and considered by the Board, and J. 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 finds that this reuse of a commercial structure is listed as a Type II action under §617.5 (c)(18) and is therefore not subject to review under this Part; and K. The Board has reviewed this application relative to the considerations and standards found in Code §270-11.4 for site plan review and §270-12.2 and 13.3 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 October 19, 2021 and amended October 27, 2021 as site plan for 2171 Dryden Road, conditioned on the following: a. The Varna Fire Department will be invited to bring their apparatus to the building to check that they have full access around the perimeter and tour the facility so that they may pre-plan their response. 2. The Town Board hereby finds that the considerations for approval of the requested Special Use Permit amendment listed in Code §270-12.2 and 13.3 have been met, specifically that: a. The proposed use is compatible with the other permitted uses in the Light Industrial/Office district and compatible with the purpose of this district as Industry- Manufacturing is an allowed use in this district and this parcel is located along the Route 13 corridor with other industrial and commercial businesses; TB 11-18-21 Page 4 of 19 b. The proposed use will be visually compatible with adjoining properties and with the natural and manmade environment, due to the screening provided by the natural vegetation and its location being adjacent to other large metal-sided buildings along Hall Road; c. Parking, vehicular circulation, and infrastructure for the proposed use is adequate . Code §270-9.3 (19) requires 1 parking spaces for every two employees so the existing 173 parking spaces are more than adequate for the 60 employees anticipated. Seven loading docks and a road around the perimeter of the building are also more than adequate for the anticipated traffic. There is no additional demand for sewer and water beyond the original design; 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 information in the application and the Short Environmental Assessment Form; 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 parking lot and landscaping is all slated for renewal and the building façade will also be renovated; g. It appears that the proposed use will not produce conditions that are noxious, offensive or hazardous to the health, safety or general welfare of the community. 3. The Town Board, finding that the applicant is in compliance with all other provisions of the Code of the Town of Dryden and other applicable ordinances, approves a Special Use Permit amendment for the furniture manufacturing facility at 17 Hall Road with the Town of Dryden Standard Conditions of Approval as amended August 14, 2008. 2nd Cl Lamb Roll Call Vote Cl Sparling Yes Cl Vargas-Mendez Yes Cl Skaley Yes Cl Lamb Yes Supv Leifer Yes PUBLIC HEARING (continued) SCOTTIES AUTO REPAIR 2171 DRYDEN ROAD AMEND SPECIAL USE PERMIT Supv Leifer said this matter was continued from last month. R Burger explained that the County’s 239 review recommended a 50’ buffer and that impacted the ability to utilize that area east of the business building. Applicant has readjusted their site plan and now proposes to use the south side of the building for parking (behind the building) that already has a lot of natural screening is already in place. The site plan was displayed and explained. The western access is a dedicated drive to the private residence. The o ther drive will be used for TB 11-18-21 Page 5 of 19 the business. There will be 14 spaces in front, 9 beside and 26 behind. Everything on site will be operable and awaiting repair. Questions and Comments: • Is there a limit on how long a car can be on a lot? No. • There is concern about the number of used tires on site. Applicant explained the struggle in getting them hauled away. They just got rid of 2,000 tires. On average this time of year they do about 240 tires a week. There are still more tires to be disposed of. As a certified repair shop, they are obligated to take people’s recycled oil, batteries and tires. They dispose of that legitimately. • Are there cars on site without plates? Yes, some from dealers and there is an old Camaro that is being restored and is not registered yet. • Total number of cars behind the fence? There is a fence between the business and the house. They are adding space behind the business for cars. • Happy they are getting rid of cars in the front of the building. • By law a business cannot turn away tires, used oil or batteries. • A neighbor constantly sees Scotties getting rid of cars and tires; asked the board to approve this amendment. Supv Leifer closed the public hearing at 6:48 p.m. and performed SEQR review for the project. RESOLUTION #190 (2021) - NEG SEQR DEC - APPLICATION TO AMEND THE SPECIAL USE PERMIT AND SITE PLAN APPROVAL FOR AN ADDITIONAL PARKING LOT AT 2171 DRYDEN ROAD, TAX PARCELS 47.-1-1.1 and 1.37 Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, A. The proposed action involves consideration of the application of Scott and Judith Adams, Scotties Auto Repair, to amend the Special Use Permit and Site Plan Approval for the auto repair garage located at 2171 Dryden Road, tax parcels 47.-1-1.1 and 1.37 by adding more parking on the adjoining lot; and B. The proposed action is an Unlisted Action for which the Town Board of the Town of Dryden is the lead agency for the purposes of uncoordinated environmental review in connection with approval by the Town; and C. The Town Board of the Town of Dryden, in performing the lead agency function for its independent and uncoordinated environmental review in accordance with Article 8 of SEQRA, (i) thoroughly reviewed the Short Environmental Assessment Form (“EAF”), Part I and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, (ii) thoroughly analyzed the potential relevant areas of environmental concern to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR §617.7(c), and (iii) completed the EAF, Part 2. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board of the Town of Dryden, based upon (i) its thorough review of the EAF, Part I and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, (ii) its thorough review of the potential relevant areas of TB 11-18-21 Page 6 of 19 environmental concern to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR §617.7(c), and (iii) its completion of the EAF, Part 2, including the reasons noted thereon (which reasons are incorporated herein as if set forth at length), hereby makes a negative determination of environmental significance (“Negative Declaration”) in accordance with SEQR for the above referenced proposed action, and determines that an Environmental Impact Statement will not be required; and 2. The Responsible Officer of the Town Board of the Town of Dryden is hereby authorized and directed to complete and sign as required the determination of significance, confirming the foregoing Negative Declaration, which fully completed and signed EAF and deter mination of significance shall be incorporated by reference in this Resolution. 2nd Cl Lamb Roll Call Vote Cl Sparling Yes Cl Vargas-Mendez Yes Cl Skaley Yes Cl Lamb Yes Supv Leifer Yes RESOLUTION #191 (2021) - Approving Site Plan and Special Use Permit Amendment for an Additional Parking Lot at 2171 Dryden Road, Tax Parcels 47.-1-1.1 and 1.37 Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, L. Scott and Judith Adams, dba Scotties Auto Repair, have applied to amend their Special Use Permit (SUP) and site plan to add a 14 car parking lot on Tax parcel 47.-1-1.37, the adjacent parcel to the east and south of the existing auto repair business on Tax Parcel 47.- 1-1.1 with address of 2171 Dryden Road; and M. This action is meant to remedy existing violations, and N. The original SUP and site plan was approved by the Town Board (Board) on February 3, 1999; and O. An application, sketch plan, and short EAF have been submitted with an amended application submitted on November 17, 2021, and P. The Town Planning Department considers the application complete and in conformance with the requirements of the Code of the Town of Dryden (Code) §270-5.2, §270-6.1, §270- 11.2 and §270-12.1, and Q. A public hearing was held on October 21, 2021 and continued to November 18, 2021 with public comments registered in the meeting minutes and considered by the Board, and R. The Tompkins County Planning Department has reviewed the application pursuant §239 –l, -m, and –n of the New York State General Municipal Law, and S. In a letter dated October 8, 2021, the Tompkins County Department of Planning and Sustainability recommended that a 50-foot natural buffer be maintained between the parking and the stream on the eastern edge of the property, and TB 11-18-21 Page 7 of 19 T.The amendments submitted on November 17, 2021 move the parking area out of the 50 foot buffer recommended by Tompkins County, and U. The Town Planning Board reviewed the site plan and made recommendations at their September 23, 2021 meeting and these have been considered by the Board, and V. 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, on October 21, 2021, made a negative determination of environmental significance, after having reviewed and accepted as adequate the Short Environmental Assessment Form Parts 1, 2, and 3, and W. The Board has reviewed this application relative to the considerations and standards found in Code §270-11.4 for site plan review and §270-12.2 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 August 12, 2021 and amended on November 17, 2021 as site plan for 2171 Dryden Road, conditioned on the following: a. A simple Erosion and Sediment Control plan shall be developed, approved and implemented prior to construction activity. b. This permit exists only so long as both tax parcel 47.-1-1.1 and 47.-1-1.37 are owned by the same entity and operate as one business. c. Access to western driveway on tax parcel 47.-1-1.2 shall be reduced to 12 foot wide and used for the private residence only. Some barricade, cones or plastic chain should be used as a temporary measure. d. The vehicles on the lot shall be registered or certified as operable to comply with Code. e. Vehicles are only allowed to be parked in the 37 spaces shown on the site plan as amended. f. Screening vegetation shown on site plan shall be maintained at a height and density sufficient to substantially screen the vehicles from Route 13. g. Work on the parking area is to be completed by May 31, 2022. 2. The Town Board hereby finds that the considerations for approval of the requested Special Use Permit amendment listed in Code Section 270-12.2 have been met, specifically that: a. The proposed use is compatible with the other permitted uses in the Mixed Use Commercial district and compatible with the purpose of this district as automotive repair garage is an allowed use in this district and this parcel is located along the Route 13 corridor with other commercial businesses; b. The proposed use will be visually compatible with adjoining properties and with the natural and manmade environment, due to the screening provided by the natural vegetation buffer on the eastern border of the parking lot. The private residence to the west is the business owner’s residence; c. Parking, vehicular circulation, and infrastructure for the proposed use is adequate. Code Section 270-13.10 provides for 14 parking spaces for visitors and employees and requires other vehicles awaiting repair to be parked in rear or side yards. For this thriving repair business the 37 total parking spaces shown on the site plan is justified. There will be no sidewalk along Route 13 as there is no other sidewalk to connect to. There is no additional demand for sewer and water; TB 11-18-21 Page 8 of 19 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 information in the Short Environmental Assessment Form; 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. This includes the condition in the original permit that restricts hours of operation to 7:00 am to 6:00 p m Monday-Friday; 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 new parking lot is screened from the roadway. 3. The Town Board, finding that the applicant is in compliance with all other provisions of the Code of the Town of Dryden and other applicable ordinances, approves a Special Use Permit amendment for the automotive repair garage at 2171 Dryden Road with the Town of Dryden Standard Conditions of Approval as amended August 14, 2008. 2nd Cl Sparling Roll Call Vote Cl Sparling Yes Cl Vargas-Mendez Yes Cl Skaley Yes Cl Lamb Yes Supv Leifer Yes Tompkins County Elected Officials Call Notes – It was a brief meeting. There is an increase in Covid numbers. The CDC will probably make a revised recommendation about masks as vaccination numbers increase for children 5-11 years old. Masks are currently recommended for indoor events. HIGHWAY/DPW No report. PLANNING DEPARTMENT The monthly report is on web. COUNTY BRIEFING Martha Robertson congratulated those who won the recent election. Mike Lane is leading Tom Corey by 2 votes. She thanked all who ran for public office and those who voted and volunteered. Vaccinations for kids 5-11 are available and there will be a clinic tomorrow at The Shops at Ithaca Mall from 12 to 7 p.m. Walk-ins are welcome. This means they can be fully vaccinated by Christmas, a high transmission time. The public can get vaccinated or booster shots at pharmacies. Call 211 for questions or transportation. The County passed its budget Tuesday night. They applied fund balance to cover the tax increase, so there is a zero percent levy increase for next year. TB 11-18-21 Page 9 of 19 They are trying to move the trail crossing at Game Farm Road along. Cl Skaley noted parking for trails is not adequate and Cl Lamb said that is on top of the agenda for the Rail Trail Task Force. DISCUSSION/ACTION ITEMS Broadband Purchases – Supv Leifer explained the Broadband Committee has recommended purchases for central office infrastructure and the app that will be used by customers to sign up and for customer service issues. The town will be spending ARP funds for this. RESOLUTION #192 (2021) – AUTHORIZE PURCHASE FROM GRAYBAR Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves and authorizes the purchase of broadband supplies and materials for central office as detailed in Graybar Quote #0239 41332 in the amount of $50,207.96. 2nd Cl Skaley Roll Call Vote Cl Sparling Yes Cl Vargas-Mendez Yes Cl Skaley Yes Cl Lamb Yes Supv Leifer Yes RESOLUTION #193 (2021) – AUTHORIZE PURCHASE FROM GRAYBAR Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves and authorizes the purchase of broadband supplies and materials as detailed in Graybar Quote #0239241326 Rev-1 in the amount of $616,882.15. 2nd Cl Lamb Roll Call Vote Cl Sparling Yes Cl Vargas-Mendez Yes Cl Skaley Yes Cl Lamb Yes Supv Leifer Yes The committee recommends Proposal #2 from Plume for the app that customers will use to control broadband options in their homes and enhance the customer experience. Customer service is a priority, and they want to be more reliable and responsive than current providers. RESOLUTION #194 (2021) – APPROVE PROPOSAL FROM PLUME Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves proposal #2 from Plume to deploy to 4,000 locations over 10 years at a cost not to exceed $320,544. 2nd Cl Lamb Roll Call Vote Cl Sparling Yes TB 11-18-21 Page 10 of 19 Cl Vargas-Mendez Yes Cl Skaley Yes Cl Lamb Yes Supv Leifer Yes NYS Low Income Household Water Assistance Program – Supv Leifer explained that this is a program that came out of the CARES Act. Lower income residents can apply for assistance with water bills and if they qualify, payment will be made directly to the town. The board has reviewed the agreement. RESOLUTION #195 (2021) – AUTHORIZE VENDOR AGREEMENT – WATER ASSISTANCE PROGRAM Cl Skaley offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the vendor agreement for the NYS Low Income Household Water Assistance Program and authorizes the Supervisor to execute said agreement. 2nd Cl Lamb Roll Call Vote Cl Sparling Yes Cl Vargas-Mendez Yes Cl Skaley Yes Cl Lamb Yes Supv Leifer Yes WIIA Grant Applications – After approval, the consultant will submit grant applications (one for water and one for sewer) to the Environmental Facilities Corporation. If successful, they would supply up to 60% of the cost of the water project and up to 25% of the cost of the sewer project. RESOLUTION #196 (2021) – AUTHORIZE WIIA WATER GRANT APPLICATION Cl Skaley offered the following resolution and asked for its adoption: Whereas, the Town of Dryden contracted with Municipal Solutions to prepare a grant application for NYS Environmental Facilities Corporation to pay for a portion of the Water Capital Project. RESOLVED, that the Supervisor is hereby granted authority to sign necessary documents so as to complete the application to NYS Environmental Facilities Corporation for NYS Water Infrastructure Improvement Act (WIIA) for the Water Capital Project. 2nd Cl Sparling Roll Call Vote Cl Sparling Yes Cl Vargas-Mendez Yes Cl Skaley Yes Cl Lamb Yes Supv Leifer Yes RESOLUTION #196 (2021) – AUTHORIZE WIIA SEWER GRANT APPLICATION TB 11-18-21 Page 11 of 19 Cl Skaley offered the following resolution and asked for its adoption: Whereas, the Town of Dryden contracted with Municipal Solutions to prepare a grant application for NYS Environmental Facilities Corporation to pay for a portion of the Sewer Capital Project. RESOLVED, that the Supervisor is hereby granted authority to sign necessary documents so as to complete the application to NYS Environmental Facilities Corporation for NYS Water Infrastructure Improvement Act (WIIA) for the Sewer Capital Project. 2nd Cl Sparling Roll Call Vote Cl Sparling Yes Cl Vargas-Mendez Yes Cl Skaley Yes Cl Lamb Yes Supv Leifer Yes Approve IT Support Contract – The board has reviewed and discussed responses to the town’s RFP for IT support services, chosen to go with Plan First Technologies, and reviewed their contract. The contract will begin January 1, 2022, at a cost of $1,344 per month. RESOLUTION #198 (2021) – AUTHORIZE CONTRACT WITH PLAN FIRST TECHNOLOGIES Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board approves a contract with Plan First Technologies for IT services for a period of one year starting January 1, 2022, at a cost of $1,344.00 per month, and the Town Supervisor is authorized to execute the contract. 2nd Cl Lamb Roll Call Vote Cl Sparling Yes Cl Vargas-Mendez Yes Cl Skaley Yes Cl Lamb Yes Supv Leifer Yes Land Acquisition from Cornelius - Atty Walsh explained that Bernard Cornelius has offered a donation of 22 acres of property behind town hall to the town. He would reserve an easement to serve his remaining lands from the easterly terminus of Neptune Drive in order to have legal access to the highway. Town would acquire the 60’ leg to Route 392 on the east side of current town lands. In the event the road was required to be constructed, the town would construct that road. An alternative would be a road due north from what the town alrea dy has and giving Cornelius legal access that way. The town has authority under to do this under two sections of Town Law. Town Law §64-2 requires that if the town grants a right (easement) in real property, it is subject to petition and permissive referendum. The second part is the grant itself, and there Town Law specifically provides the town may accept a donation of land or property, subject to any conditions the donor would fix on that. That is not subject to referendum. In this case Mr. Cornelius has made not requirement for a particular use of the lands, giving it to the town for public use so the town could use if for recreational purposes or other any other thing that it thought was appropriate. We have a description from an older survey and have TG Miller preparing a new survey map and in hand by around December 10. That would serve as the basis for drawing the deed and adjustment of the line. At this point the town can say we wish to invoke this and publish notice of the proposed grant of the easement to Cornelius. That would start the clock on which TB 11-18-21 Page 12 of 19 to lodge a petition for a referendum. Assuming this moves forward, Mr. Cornelius has agreed to not only donate the land, but split the cost of the survey with the town and the conveyance expenses. Cl Lamb said this is a generous act by Mr. Cornelius. It allows to the town to achieve a lot of goals including more recreational fields and an accessway for TC3 students to the Village. He wants to give back to the town that’s been his home for a long time. S Price said she is opposed to the town being given property because it will no longer be taxed. She thinks it should be taken to a vote. Cl Lamb said Cornelius plans to develop portions of the remaining property that access is allowed to and that will add to the tax base. Cl Leifer said it is a good trade off because much of the community has been asking for things like ball fields behind the town hall. RESOLUTION #199 (2021) – ACCEPTANCE OF PROPERTY GIFT AND GRANT OF RIGHT-OF-WAY Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, Bernard Cornelius is the owner premises located in the Village of Dryden, County of Tompkins and State of New York, consisting of approximately 46.81 acres of unimproved land and bearing tax parcel No. 10.-1-3; and WHEREAS, highway access to said premises now is afforded by a 60-foot wide strip of land running northerly from East Main Street a/k/a NYS Route 392 parallel to and abutting the easterly line of lands owned by the Town of Dryden bearing tax parcel Nos. 11.-1-8.4 and 11.- 1-8.5; and WHEREAS, said Cornelius premises abut on the south and on the west lands owned by the Town of Dryden and used for recreation purposes; and WHEREAS, Mr. Cornelius has generously offered to gift to the Town of Dryden for public purposes the southern half of said Cornelius premises, consisting of approximately 22 acres of land (the “Cornelius Gift”) conditioned upon the grant to Cornelius of a right -of-way over adjoining lands of the Town of Dryden; and WHEREAS, the gift and conveyance of the Cornelius Gift to the Town of Dryden would leave landlocked the northern half of the Cornelius premises; and WHEREAS, the acquisition of the Cornelius Gift would substantially enhance the ability of the Town of Dryden to offer recreational programs to the residents of the T own of Dryden; NOW, IT IS HEREBY RESOLVED: 1. Subject to a permissive referendum as provided by Town Law § 64(2), the Town of Dryden shall grant to Bernard Cornelius his successors and assigns a permanent right - of-way 70 feet in width across lands of the Town of Dryden, running northeasterly from the easterly terminus of Neptune Drive to the southwesterly corner of lands remaining in Cornelius following the completion of conveyance to the Town of Dryden of the Cornelius Gift; 2. Said right-of-way is to be conveyed unimproved, with full rights in Cornelius and in the TB 11-18-21 Page 13 of 19 Town of Dryden to pave or otherwise improve said right -of-way as might serve their respective interests, neither party being under any obligation to do so, at the full cost and expense of the party undertaking any such improvements. 3. Pursuant to Town Law § 64(8) the Town of Dryden accepts the gift to the Town of Dryden of the Cornelius Gift, said parcel to be used by the Town for any public purpose. 4. The costs of conveyancing of the Cornelius Gift and the said right-of-way, including abstracting and surveying, to be shared equally by the two parties, but the expenses of legal counsel to each party to be borne by the parties themselves. 5. The said conveyance of the right-of-way and acceptance of the Cornelius Gift shall be effected as soon as feasible following the expiration of the period during which a petition for permissive referendum may be filed pursuant to Town Law Article 7 without such a petition having been lodged or, in the event of the filing of such petition, following the approval by the voters of the Town of Dryden of the proposed conveyance of the said right-of-way. 5. The Supervisor of the Town of Dryden is authorized and directed to execute and deliver as the act of the Town of Dryden a grant of right-of way and such other documents as may be required to give effect to this resolution, in such form as may be approved by the attorney for the Town of Dryden. 2nd Cl Lamb Roll Call Vote Cl Sparling Yes Cl Vargas-Mendez Yes Cl Skaley Yes Cl Lamb Yes Supv Leifer Yes Planning Intern Position - Cl Sparling explained that creation of this position will help Ray Burger and the Planning Department with climate smart and clean energy activities and help the Climate Smart Communities Task Force with paperwork and deadlines in order to maintain our edge (#2 in the Southern Tier). The task force located a job description for a planning intern. NYSERDA will pay for 90% of this position. It is anticipated to be 15 hours per week at $17.00 an hour and will cost a total of $11,475. 90% reimbursement from NYSERDA ($10,327) leaves the 10% town contribution at $1,147. Climate Smart did obtain a $10,000 grant and is giving $9,000 toward a code enforcement vehicle, leaving $1,000 to go to this. In essence the task force is asking for $147 to get additional help for the Planning Department and the Climate Smart Communities Task Force. RESOLUTION #200 (2021) – CREATE A PLANNING INTERN POSITION Cl Sparling offered the following resolution and asked for its adoption: Whereas, the New York State Energy Research Development Authority (NYSERDA) is offering local municipalities an opportunity to apply for a grant for a Clean Energy Internship, covering 90 percent of the salary; and Whereas, a portion of a previous NYSERDA Clean Energy grant already received can be applied to the Town of Dryden’s 10 per cent match, and TB 11-18-21 Page 14 of 19 Whereas, the Town of Dryden is second in the region in NYSERDA Clean Energy Community points, and plans to seek up to $100,000 in additional competitive grants for completing clean energy actions, and Whereas, the Town of Dryden is a Bronze Certified Climate Smart Community and plans to complete actions towards Silver Certification over the coming year, and Whereas, the Town of Dryden’s proposed update to the Comprehensive Plan includes a detailed Climate Action Plan, and Whereas, all these planned actions require extensive research, documentation, reporting and public education work, and Whereas, the Planning Department and the Climate Smart /Clean Energy Community Task Force (CS/CEC TF ) are in need of assistance to complete this work, and Whereas, the Tompkins County Civil Service Roster includes an appropriate Planning Intern title, (attached) and Whereas, the CS/CEC TF has created a specific job description for the Dryden Internship that can be submitted for approval to NYSERDA, (attached) and Whereas, this internship will offer an opportunity for a local college student or recent graduate to gain valuable experience and make a significant contribution to clean energy and sustainability work, now Therefore be it resolved, that the Town of Dryden Board approves the creation of a Planning Internship position, at 15 hours per week, at a salary of $17 per hour, beginning in January, 2022, pending approval and receipt of the NYSERDA grant. 2nd Cl Vargas-Mendez Roll Call Vote Cl Sparling Yes Cl Vargas-Mendez Yes Cl Skaley Yes Cl Lamb Yes Supv Leifer Yes Rail Trail Task Force Appointment - RESOLUTION #201 (2021) – APPOINT RAIL TRAIL TASK FORCE MEMBER Cl Lamb offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby appoints Anthony Bretscher to the Rail Trail Task Force. 2nd Cl Vargas-Mendez Roll Call Vote Cl Sparling Yes Cl Vargas-Mendez Yes Cl Skaley Yes Cl Lamb Yes Supv Leifer Yes TB 11-18-21 Page 15 of 19 ADVISORY BOARD UPDATES Planning Board – Last month they talked about the Knickerbocker application and the Planning Board is pleased to see them move here. Last night they had a comp plan meeting and went over implementation stages of the comp plan. The advisory committees have the draft for review. They would like consolidated remarks from the committees, one document from each committee back to the consultant. They expect comments back in December and the consultant will make revisions and push it back to the Planning Board in mid-January. The Planning Board will hold a public hearing in February and results from that will be integrated and the document will go to the Town Board likely in March. The Town Board will then hold a hearing and maybe adopt it in April or May. Cl Lamb said he likes the document and the guidance it will provide going forward. It covers everything from how we use energy to how we develop our neighborhoods and nodal areas, ways to decrease traffic, and ways to increase outdoor recreation. Conservation Board – The last meeting was dominated by a presentation on soil sequestration and topsoil management inspired by the Netflix film Kiss the Ground. The presenters were pushing efforts in this regard in Dryden. This is one step in educating those that would be affected by it. Their plan was to also present to the Ag Committee. Unfortunately, they did not show up at that meeting and Cl Sparling and Emily Banwell sort of covered it, so the Ag Committee was made aware through second -hand information. Dryden Youth and Recreation Commission – Marty Conger, Recreation Director, reported that registration for basketball was open but, but she is still looking for coaches. In library news, there will be a Dryden Village tree lighting ceremony preceded by library programming to discuss ideas. There are library efforts to work with TC3 on food insecurity issues. Ag Advisory Committee – See Conservation Board above. Rail Trail Task Force – They recently spent a lot of time discussing what to do at the Game Farm crossing. R Young has been really helpful in working with Jeff Smith at County Highway. This is a county road, and the county has certain expectations for safety. People are eager to cross there and are frustrated by the barriers put up for safety. There was an article in the Cornell Chronical on the project and people are eager to go visit, so there is more of a reason to push the county to move on this for safety’s sake. There are quite a few crossings on the rail trail – 17 total. Some are at grade level and some places need a bridge. Some are very quiet because there is less traffic on the roads. In some places there are lighted signs (George and Springhouse Roads). They are expecting something more noticeable on Game Farm Road and would like to get a commitment from the county to reduce the dip. Safety & Preparedness Committee – They met November 1; no minutes are available yet. The chair sent a Swift911 this morning. She spoke with Terry Hilliard at the Borger Station, and they are getting ready to put unit 4 back online. They will be doing controlled blowdowns in connection with that. This is just one phase of the upgrades they have been doing and the next couple of stations will go back online after the first of the year. Climate Smart Communities Task Force – Their work in getting an intern in place were taken care of tonight. Broadband Committee – The timeline for rollout has been pushed out to April 2022. They are waiting for the official announcement of the Appalachian Regional Commission grant. It is still in open status, and they are expecting an official announcement of $600,000 in TB 11-18-21 Page 16 of 19 funding. They will be applying for more ReConnect funding. Dryden is in a good position because we have a project that is shovel ready. CITIZENS PRIVILEGE Shirley Lyon – Read the article in the Cornell Chronicle that talks about trading coal cars for e-bikes. She understands the easement only provides for pedal assist. There are different classifications of e-bikes. They have balloon tires so they can easily go on the stone dust trail. They are also putting lights on them. Are people living near the rail trail comfortable with this? With respect to the pedal assist, is the town in violation of the easement agreement? Paula Parker – read the attached statement and presented information to the board. Fred Stock – There is a deadline in the next 5-6 weeks regarding marijuana dispensaries and consumption sites. The town has until December 31 to opt out of allowing marijuana dispensaries and consumption sites within the town. He urges the board to do so. Dryden Village has done so, and he’s heard they have tasked the town to do this also. A number of villages, towns and cities have done this across the state. By opting out you would have an extended timeline to determine when and where dispensaries would operate. For instance, imagine a dispensary in the old Dollar Store on Freeville Road. Imagine a dispensary there, halfway between TC3 and Dryden High School and Middle School. How would the community like that idea? By opting out, you are not turning it down, you are tabling the discussion and deciding not to decide until proper information is in front of you. If you don’t want to opt out, why? What does that say about your concern in caring for the community ? Please, consider opting out, tabling this and waiting until the information is available. You have time. Please. Ed Wilson – He is here to talk about the rail trail and is presently against the bridge. He understands the primary reason for the bridge, and he is concerned about the safety of the public, as the Town Board seems to be. He can understand the bridge is safer than people physically walking across Route 13. What he doesn’t understand is how the trail with the bridge is safer than the trail without the bridge (where you go down along the side of 13, underneath the Route 13 bridge, and back). If the state has said the bridge is safer, can the public get a copy of their safety review? Then maybe you’d get more people supporting the bridge. He would like for the citizens of the town to see that safety report. H ow did it show that the bridge is safer than the alternative of going along the road, underneath 13 and back ? If he could get a copy of the report, that would be great. The second item is the cost of the bridge. It has been said the bridge is $3,000,000, probably estimated close to a year ago, and when done , with inflation, it will probably be 4-5 million dollars. He has heard of a similar bridge in Syracuse at close to ten million. Has the board discussed where we stop with spending on the bridge ? That probably would be supported by your safety report and the number of injuries projected. If you do go forward with the bridge, he’d like the board to consider repurposing the bridge to nowhere that crosses route 13 south of Ithaca. It would be part of recycling, reusing, repurposing things. It seems like a similar span and is within ten miles of where you’d be putting the bridge. Joe Osmeloski – Said he is glad that the Supervisor brought up civility. He read a headline from the October 25 Dryden Courier that states democrats hope to cease divisive discord among Dryden town residents. He thinks that is a great idea, but he is not buying it completely from this Town Board. When he signs up for public speaking, he gives his name and address. He is not asked his political persuasion. He is not asked what political party he belongs to, and he shouldn’t be. When he applied for a volunteer position, he was not asked his political party. This Town Board could remove Mr. Lamb as deputy Supervisor, and he TB 11-18-21 Page 17 of 19 encouraged other board members to serve in that position. He fears that the Supervisor might go someplace and doesn’t want Dan Lamb as Supervisor. He asked that D Lamb be removed as liaison to all volunteer boards. Chuck Geisler – read the following statement: There are some side benefits to the on-going Dryden RT conversation at TB meetings that often go unrecognized. In the weeks before the recent elections, I canvassed in Dryden and met many people. One couple asked me what was behind the pro and con Bridge signs. I explained, and the wife insisted the bridge issue was getting divisive. But her husband felt differently and said the whole Rail Trail debate was good for the town—it’s brought more residents to TB meetings and, on balance, evoked constructive community input. In my opinion, that input is especially apparent in the questions Dryden residents have raised and which the DRT Task Force has taken to heart. I’ll give some examples: ** How will the DRT address non-motorized transportation such as electric-powered bikes, trikes, mopeds, skateboards and scooters sometimes capable of dangerous speeds? (This concern is widely shared: see (https://www.railstotrails.org/resourcehandler.ashx?id=11762) ** Will the Town convince the County and State to post and enforce lower speed limits on Game Farm and George Roads for everyone’s protection? Dryden’s Schug Trail models various pedestrian safety measures. ** Will there be lighting at critical Rail Trail rest stops--kiosks, parking areas, and the multiple road crossings? And public toilets? ** Boardwalks, if used in notably sloping areas, will require steps; how will cyclists in summer and X-C skiers in winter negotiate these steps? ** Will RT users be put at risk in the Pinckney Rd. area by having to share a driveway routinely used by cement trucks from Hansen Cement? **NYSEG appears to be storing spent transformers in a lot adjacent to the RT west of Pinckney Rd. Could these transformers be leaking PCBs (or are they non -capacitator transformers that operate without PCB’s)? Could the Town check this out with NYSEG? I’ve heard more questions, of course. Some have questionable intent, but most are relevant and spot-on. They show that people attending Town meetings are airing honest concerns and want a safe cross-town trail facility for all to enjoy. Dryden is the better for these deliberations. Board Response - Supv Leifer said with respect to e-bikes, pedal assists are electric, but not like a scooter. They are allowed on Black Diamond. They have limited battery range. Anything beyond pedal assist will likely not be allowed. Cl Lamb - The town may have to post a speed limit. The memorandum of understanding with the DEC includes e-bikes (pedal assist) as an approved use for the Game Farm section of the trail. They expect all bikes to have lights on them for nighttime use and the same for pedal assist bikes. TB 11-18-21 Page 18 of 19 Supv Leifer – Regarding dispensaries, he sent a draft of a local law to the board. He is not going to introduce it. Another board member is free to do so. It is a fiscal issue at this point and the town does control it through zoning. The regulations just came out from the state. Like anything else, if we haven’t explicitly permitted it, it is prohibited until we deal with it in zoning. We could put a moratorium on it. The town is still in control. Another thing to consider is plants. The town only has limited commercial zoning at this point. We can zone it away from specific locations, like the old Dollar Store on the edge of the Village. Opting out is not banning marijuana use. It is legal in the state. All it does is send people across the border and then they collect the revenue. The town will deal with it in zoning. Cl Lamb – The town can direct where it is allowed through the zoning law. Supv Leifer – If you opt out to delay it and then opt back in, you’re still controlling it with zoning. Until you change the zoning, you can put a moratorium on it. We’ve done moratoriums for the West Dryden pipeline and for solar panels. If you put a moratorium on it, nothing can be introduced until the moratorium is lifted. So, it is effectively the same thing. Supv Leifer - Will not ask Dan Lamb to step down, he’s been way too valuable. Cl Lamb - With respect to PCB’s, you would have to test before you do anything. We would not do a cleanup before testing. We would need a reason or suspicion, and the town knows of no spill there. So there is no evidence of a PCB danger. DEC maps show these things. It is difficult to take the approach that we have to prove it is safe. That hasn’t been done for other sections of the trail, nor did the Ithaca system with the waterfront trail do anything, or the Black Diamond trail. They don’t have to prove it is safe because that would be a level of expense that would prevent us from doing the project. Regarding the bridge to nowhere, he understands that it will be connected very soon. He heard that plans have come into place to finally connect that. The DOT told us in their opinion, in no uncertain terms, that a bridge is safer than going under Route 13. On the advice of the regional engineer the town applied for the bridge grant funding because in his opinion a bridge is safer. It has never been said there was a safety study or safety report. The town was taking the advice of experts on this issue who build bridges all over New York State. They encouraged the town to apply for the funding and the town got the funding because they thought it was the best solution. DOT is involved in traffic analysis and will be in Varna soon looking at pedestrian crossings on Route 366 to see if crosswalks are warranted. They analyze pedestrian traffic quite a bit on busy roads. E Wilson suggested that DOT do a study and provide it to the citizens. Then they could better support the town’s decision. Cl Lamb said at this point we will not go back to the start again. The bridge will be built. We believe it is the safest thing to do. It is the consensus of the Rail Trail Task Force that a bridge is the safest thing to do. We have the money. The trail and bridge will be built. Cl Skaley reported on the sewer and water project. They are struggling to determine whether or not we can acquire pipe ahead of time. DOH advises that while it is not prohibited, it is not advised until specifications of all components are determined. He isn’t sure why that is the case, because he thought we had already gotten sign off by DOH. They claim we need some additional sign offs and he will be talking to TG Miller about that and trying to move that forward so there are no further delays. They weren’t very helpful other than acknowledging that supply issues are a problem these days. This may require additional negotiations with DOT regarding where and when they will do paving through the area so we don’t have to dig it up and cause additional expense to the town. There is still another easement to work out with TB 11-18-21 Page 19 of 19 Cornell and the owners of a parcel at the corner of Freese Road. He hopes to hear about funding starting next month and into the new year. There being no further business, the meeting was adjourned at 8:27 p.m. Respectfully submitted, Bambi L. Avery Town Clerk