HomeMy WebLinkAbout2022-09-08TB 9-8-22
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TOWN OF DRYDEN
TOWN BOARD MEETING
September 8, 2022
Zoom Hybrid
Present: Supervisor Jason Leifer, Cl Daniel Lamb, Cl James Skaley,
Absent: Cl Loren Sparling, Cl Leonardo Vargas-Mendez
Elected Officials: Bambi L. Avery, Town Clerk
Rick Young, Highway/DPW Superintendent
Other Town Staff: Ray Burger, Planning Director
Cassie Byrnes, Secretary to Supervisor
Amanda Anderson, Bookkeeper
Supv Leifer opened the meeting at 6:05 p.m. Cl Sparling and Cl Vargas-Mendez are
excused this evening.
PUBLIC HEARING (CONTINUATION)
UNSAFE STRUCTURE AT 28 LEISURE LANE
At 6:08 p.m. Supv Leifer confirmed that the property owner was properly served and
hearing continued. Two residents of the neighborhood who spoke last month on this matter
were in attendance. Ray Burger stated they had not received any further comments and no
plan was received from the property owner. The public hearing was closed at 6:10 p.m. The
proposed resolutions for this matter were reviewed and discussed.
RESOLUTION #137 (2022) - DECLARING 28 LEISURE LANE
TO BE UNSAFE AND ORDERING ITS DEMOLITION AND REMOVAL
Supv Leifer offered the following resolution and asked for its adoption:
WHEREAS, the Town of Dryden Code Enforcement Office issued a Memorandum
reporting that the structure located at 28 Leisure Lane, Tax Map No. 27.1-2-15, is unsafe and
dangerous, pursuant to Chapter 118 of the Town Code; and
WHEREAS, on August 18, 2022 at 6:05 p.m., the Town Board held a duly noticed public
hearing to solicit public input on the issue of whether the structure at 28 Leisure Lane can safely
be repaired or whether it should order the property owner to repair or demolish and remove the
structure; and
WHEREAS, the hearing on August 18, 2022 was held over to and continued on
September 8, 2022; and
WHEREAS, personal service on the owner of record was made on Elaine Schwartz on
August 11, 2022, and again on August 29, 2022, by personal service at 251 Southworth Road,
Dryden, NY 13053; and
WHEREAS, a plan was not presented by the property owner for demolition and removal
of the structure;
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NOW, THEREFORE, BE IT RESOLVED, pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the State Environmental Quality Review Act, it has been
determined by the Town Board that this matter does not constitute an “action” as defined under
the SEQRA regulations, and as such no further environmental review is necessary; and further
RESOLVED that pursuant to Town Code § 118-15.F.(4), the Town Board of the Town of
Dryden hereby determines that the structure at 28 Leisure Lane is unsafe and dangerous to the
public; and
RESOLVED that the property owner is hereby directed to commence the demolition and
removal of the structure at 28 Leisure Lane within 7 days of service of this order, and to complete
such demolition and removal within 30 days of this order;
RESOLVED that this Resolution shall take effect immediately.
2nd Cl Lamb
Roll Call Vote Cl Skaley Yes
Cl Lamb Yes
Supv Leifer Yes
RESOLUTION #138 (2022) - AUTHORIZING THE ATTORNEYS FOR THE
TOWN OF DRYDEN, COUGHLIN & GERHART, LLP, TO COMMENCE
A CIVIL ACTION IN THE SUPREME COURT IN TOMPKINS COUNTY
ON BEHALF OF THE TOWN OF DRYDEN AGAINST ELAINE SCHWARTZ
Supv Leifer offered the following resolution and asked for its adoption:
SECTION 1. The Town Board of the Town of Dryden (“Town”) hereby authorizes Coughlin &
Gerhart, LLP, Attorneys for the Town, to commence a civil action in New York State Supreme
Court in Tompkins County on behalf of the Town and to appear as the attorneys for the Town of
Dryden, as Plaintiff, against Elaine Schwartz, as Defendant, as well as any other persons with a
recorded interest in the property that is the subject of this resolution, pursuant to § 118 -15F(6)
of the Town Code, if the Defendant and other persons fail to commence demolition and removal
of the structure located at 28 Leisure Lane, Tax Map No. 27.1 -2-15, within 7 days of service of
this order, and/or fail to complete the demolition and removal of such structure within 30 days
of this order (or otherwise fail to comply with the plan for demolition and remo val as approved
by the Town).
In said civil action, the Town, as the Plaintiff, shall, among other things, ask the Court:
(a) to enjoin and restrain the Defendant from violating the provisions of the Local Law No. 1 of
2007 of the Town as amended by Local Law No. 4 of 2017 and Local Law No. 4 of 2021 (hereinafter
the “Local Law”) and the provisions of the New York State Uniform Fire Prevention and Building
Code (hereafter “Uniform Code”) which are being violated with respect to the premises at 28
Leisure Lane, designated as Tax Map No. 27.1-2-15 (“Subject Property”) reputedly owned by
Elaine Schwartz, in the Town of Dryden, County of Tompkins, State of New York; and direct that
said violations be terminated and abated; (b) to permanently enjoin the alleged violations of the
Local Law and the Uniform Code; (c) to direct the Defendant to permanently cease and desist the
alleged illegal use(s) of the subject premises; (d) to direct that the Defendant apply for and obtain
all necessary permits required to demolish the unsafe/dangerous building at Subject Property
and to remove said building as ordered by the Code Enforcement Officers of the Town; and (e) to
direct that the Defendant takes all necessary steps to comply with the Local Law and the Uniform
Code; and (f) to permanently prohibit all other persons from using the subject premises in
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violation of the Local Law and the Uniform Code; (g) to enjoin and restrain the Defendant from
creating and maintaining a public nuisance; and (h) to grant the Plaintiff, Town, such other and
further relief as to the Court may seem just and proper, together with the costs and
disbursements of this action.
SECTION 2. The Town Supervisor is authorized to contract for the services of a title search
company to search for persons with a recorded interest in the Subject Property for purposes of
ensuring that such persons can be served with notice of the proceedings contemplated by herein.
SECTION 3. This Resolution shall take effect immediately.
Moved: Supv Leifer
Second: Cl Lamb
Roll Call Vote Cl Skaley Yes
Cl Lamb Yes
Supv Leifer Yes
DRYDEN FIBER BONDING
Supv Leifer explained that the town will be bonding for the fiber project for the total cost
of the construction, $14,535,281, as a precaution against underestimating the amount that
may be necessary to be bonded for. The town does not expect to have to bond the entire
project and has already received almost $2,000,000 in federal funding for the project. More
grant awards are anticipated. The useful life of the project is listed at 15 years because of
limitations under state law. The SEQR for the project was done in December of 2020.
RESOLUTION #139 (2022) - AUTHORIZING, SUBJECT TO PERMISSIVE
REFERENDUM, THE CONSTRUCTION OF A TOWN-WIDE BROADBAND
SERVICE SYSTEM, FOR THE TOWN OF DRYDEN, TOMPKINS COUNTY,
NEW YORK, AT A MAXIMUM ESTIMATED COST OF $14,535,281 AND
AUTHORIZING THE ISSUANCE OF $14,535,281 SERIAL BONDS OF SAID
TOWN TO PAY THE COST THEREOF.
Supv Leifer offered the following resolution and asked for its adoption:
WHEREAS, the capital project hereinafter described has been determined to be an
Unlisted Action pursuant to the regulations of the New York State Department of Environmental
Conservation promulgated pursuant to the State Environmental Q uality Review Act, the
implementation of which as proposed, the Town Board has determined will not have any
significant adverse impact on the environment; and
WHEREAS, in the Working to Implement Reliable and Equitable Deployment of
Broadband Act of 2022, constituting part MMM of Chapter 58 of the Laws of 2022 (the
“Broadband Act”), the State Legislature found and declared that access to high-speed, reliable
and affordable broadband is “essential for education, economic growth and full participation in
civic life” and that the “benefits of broadband access should be available to all”; and
WHEREAS, in said Broadband Act, the General Municipal Law was amended by ad ding
a new Section 99-y thereof authorizing any county, city, town or village to “establish, construct,
and maintain broadband and related telecommunication infrastructure”; and
WHEREAS, the Town of Dryden, Tompkins County, New York has determined to provi de
the availability of broadband service, as defined in the Act, to all residents of the Town, including
the villages therein; and
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WHEREAS, it is now desired to authorize the financing of such capital project; NOW,
THEREFORE,
BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting
strength of the Town Board of the Town of Dryden, Tompkins County, New York, as follows:
Section 1. The construction of a Town-wide broadband service system, for the Town
of Dryden, Tompkins County, New York, including original furnishings, equipment, machinery,
apparatus, appurtenances, and other incidental improvements and expenses in connection
therewith, is hereby authorized at a maximum estimated cost of $14,535,281.
Section 2. The plan for the financing of the aforesaid maximum estimated cost is by
the issuance of not exceeding $14,535,281 bonds of said Town, hereby authorized to be issued
therefor pursuant to the provisions of the Local Finance Law; PROVIDED, HOWEVER, that to
the extent that any grants-in-aid are received for such purpose, the amount of obligations to be
issued pursuant to this resolution shall be reduced dollar for dollar.
Section 3. It is hereby determined that the period of probable usefulness of the
aforesaid specific object or purpose is 15 years, pursuant to subdivision 35 of paragraph a of
Section 11.00 of the Local Finance Law (provided, however, in the event that the State Legislature
provides a specific period of probable usefulness for a broadband service system prior to the date
of issuance of obligations hereunder, this bond resolution will be supplemented to conform
thereto). It is hereby further determined that the maximum maturity of the bonds herein
authorized will exceed five years.
Section 4. The faith and credit of said Town of Dryden, Tompkins County, New York,
are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as
the same respectively become due and payable. An annual appropriation shall be made in each
year sufficient to pay the principal of and interest on such bonds becoming due and payable in
such year. There shall annually be levied on all the taxable real property of said Town, a tax
sufficient to pay the principal of and interest on such bonds as the s ame become due and
payable.
Section 5. Subject to the provisions of the Local Finance Law, the power to authorize
the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the
bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor,
the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold
in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the
Local Finance Law.
Section 6. All other matters, except as provided herein relating to such bonds,
including determining whether to issue such bonds having substantially level or declining annual
debt service and all matters related thereto, prescribing whether manual or facsimile signatures
shall appear on said bonds, prescribing the method for the recording of ownership of said bonds,
appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of
said bonds (and if said bonds are to be executed in the name of the Town by the facsimile
signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a
designated official of the Town), the date, denominations, maturities and interest payment dates,
place or places of payment, and also including the consolidation with other issues, shall be
determined by the Supervisor. Such bonds shall contain substantially the recital of validity
clause provided for in section 52.00 of the Local Finance Law and shal l otherwise be in such
form and contain such recitals in addition to those required by section 52.00 of the Local Finance
Law, as the Supervisor shall determine.
Section 7. This resolution shall constitute a statement of official intent for purposes
of Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies
are, or are reasonably expected to be, reserved, allocated on a long -term basis, or otherwise set
aside with respect to the permanent funding of the object or purpo se described herein.
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Section 8. The validity of such bonds and bond anticipation notes may be contested
only if:
1) Such obligations are authorized for an object or purpose for which said Town is not
authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of
this resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty days after
the date of such publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 9. Upon this resolution taking effect, the same shall be published in
summary form in the official newspaper of said Town for such purpose, together with a notice of
the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.
Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE
REFERENDUM.
2nd Cl Lamb
Roll Call Vote Cl Skaley Yes
Cl Lamb Yes
Supv Leifer Yes
Discussion/Action Items
Accept Audit Report – Insero made a presentation of their audit findings of the town’s
2021 fiscal year last month.
RESOLUTION #140 - (2022) Acceptance of Audited Financial Report for the Fiscal Year
Ended December 31, 2021
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 & Co,
CPAs, LLP, for the purpose of conducting an external audit of the town’s financial records for
fiscal year 2021, 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, 2021, and has
presented the Financial Report to the Town Board, and
Whereas, the audit firm as opined the 2021 financial statements contained in the prepared
Financial Report present fairly, in all material respects, the financial 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,
2021, is hereby accepted and will be filed in the Town Clerk’s office.
2nd Cl Skaley
Roll Call Vote Cl Skaley Yes
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Cl Lamb Yes
Supv Leifer Yes
Purchase of Asphalt Paver – R Young explained he had encountered difficulties this
year getting his scheduled paving done. It costs $3,700 per week to rent an asphalt paver and
there are none available to rent right now. He has located one he can purchase for not more
than $20,000, so it wouldn’t take long for it to pay for itself. Bituminous is unable to do the
work, but said if we could find a paver, they can provide the material.
RESOLUTION #141 – APPROVE PURCHASE OF ASPHALT PAVER
Cl Lamb offered the following resolution and asked for its approval:
RESOLVED, that this Town Board hereby authorizes the purchase of barber -Greene
BG210-B asphalt paver for an amount not to exceed $20,000, funds to be used from
equipment budget DA5120.2.
2nd Supv Leifer
Roll Call Vote Cl Skaley Yes
Cl Lamb Yes
Supv Leifer Yes
Authorize Purchases for Dryden Fiber– A quote was presented for purchase of a
firewall and ports from Netegrity and backup switches from Graybar for the Dryden Fiber
project.
Resolution #142 (2022) - Approve Purchase of VPN Firewall for Dryden Fiber
Supv Leifer offered the following resolution and asked for its adoption:
Whereas, Dryden Fiber needs to purchase a Fortigate VPN Firewall and ports from
Netegrity, and
Whereas, our approved contract with Netegrity did not include this equipment .
Therefore, be it resolved that the Board approves the purchase of Fortigate VP N Firewall
for $794.30.
2nd Cl Lamb
Roll Call Vote Cl Skaley Yes
Cl Lamb Yes
Supv Leifer Yes
Resolution #143 (2022) - Approve Purchase of Backup Switches for Dryden Fiber
Supv Leifer offered the following resolution and asked for its adoption:
Whereas, Dryden Fiber needs to purchase the necessary pats for Ciena backup
switches from Graybar, and
Whereas, the switches and parts would serve as spare immediately available parts if
any of the needed switches fail for the Dryden Fiber project.
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Therefore, be it resolved that the Board approves the purchase of the parts for backup
Ciena switches for $21,075.82.
2nd Cl Lamb
Roll Call Vote Cl Skaley Yes
Cl Lamb Yes
Supv Leifer Yes
Tourism Capital Grant – This is in support an application with the towns of Ithaca,
Danby and Caroline for a feasibility study for expansion of the South Hill Rec Way from Burns
Road to Banks. The town supervisor will add a letter in support of the application. Each
municipality will contribute $1,000 toward the local contribution.
RESOLUTION #144 (2022) – Authorization to Apply for Funding through the 2022
Tompkins County Tourism Capital Grant Program for Preliminary Design and
Construction Cost Estimates (Feasibility Study) for the Potential Expansion of the South
Hill Recreation Way – Burns Road to Banks Road
Whereas, the Tompkins County Tourism Program has announced the availability of
funding under the 2022 Tourism Capital Grant program, which lists f easibility studies (concept
level design and determination of cost estimates) as an eligible activity, and
Whereas, the Town of Dryden, with support from the Towns of Dryden, Danby, and
Caroline, is seeking to obtain preliminary designs and construction cost estimates for the
potential expansion of the South Hill Recreation Way from Burns Road to Banks Road, and
Whereas, the Town of Dryden estimates the total cost of this project to be approximately
$80,000, based on cost estimates provided by several qualified engineering and landscape
architect consultants, and
Whereas, the four towns plan to contribute a total of $4,000 to provide a 5%
contribution towards this project, and
Whereas, grant applications are due by September 12, 2022; now, therefore, be it
Resolved, that the Supervisor of the Town of Dryden, or designated representative, is
hereby authorized and directed to file an application for preliminary designs and construction
cost estimates (feasibility study) for the potential expansions of the South Hill Recreation Way
from Burns Road to Banks Road under the Tompkins County Tourism Capital Grants program
in an amount not to exceed $80,000 (including a $1,000 Town of Dryden contribution), and
upon approval of said request to enter into and execute a project agreement with Tompkins
County for such financial assistance to the Town of Dryden.
2nd Cl Lamb
Roll Call Vote Cl Skaley Yes
Cl Lamb Yes
Supv Leifer Yes
Abstract Approval -
RESOLUTION #145 (2022) – APPROVE ABSTRACT #9
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Cl Skaley offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves Abstract #9, as audited, general
vouchers #726 through #807 ($571,653.14) and TA vouchers $42 through #45 ($5,912.13),
totaling $577,565.27.
2nd Cl Leifer
Roll Call Vote Cl Skaley Yes
Cl Lamb Yes
Supv Leifer Yes
Genung Road Bridge Replacement – There is a resolution to authorize the funding for
the Genung Road bridge replacement.
RESOLUTION #146 (2022) AUTHORIZING THE IMPLEMENTATION AND FUNDING OF THE
COSTS OF 100% OF THE COSTS OF A TRANSPORTATION PROJECT, WHICH MAY BE
ELIGIBLE FOR FEDERAL-AID AND/OR STATE-AID, OR REIMBURSEMENT
FROM BRIDGE NY FUNDS
Supervisor Leifer offered the following resolution and asked for its adoption:
WHEREAS, a project for the Genung Rd over Cascadilla Creek Bridge Replacement, BIN
3209900, Town of Dryden, Bridge NY 2021, P.I.N. 375695 (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 95% Federal funds and 5% non-federal funds; and
WHEREAS, the Town of Dryden will design, let and construct the Project; and
WHEREAS, the Town of Dryden desires to advance the Project by making a commitment of
100% of the costs of the work for the Project or portions thereof.
NOW, THEREFORE, the Town of Dryden Board, duly convened does hereby
RESOLVE, that the Town of Dryden Board hereby approves the above-subject Project; and it is
hereby further
RESOLVED, that the Town of Dryden Board hereby authorizes the Supervisor of the Town of
Dryden to pay 100% of the cost of Design, ROW and Construction work for the Project or
portions thereof, with the understanding that qualified costs may be eligible for federal-aid,
state-aid, or reimbursement from Bridge NY funds; and it is further
RESOLVED, that the sum of $1,453,684 is hereby appropriated from the Capital Project H
Fund and made available to cover the cost of participation in the above phase(s) of the
Project; and it is further
RESOLVED, that the Town of Dryden Board hereby agrees that the Town of Dryden
shall be responsible for all costs of the Project which exceed the amount of federal-aid, state-
aid, or NY Bridge funding awarded to the Town of Dryden; and it is further
RESOLVED, that in the event the Project costs not covered by federal-aid, state-aid, or
NY Bridge funding exceed the amount appropriated above, the Town of Dryden Board shall
convene as soon as possible to appropriate said excess amount immediately upon the
notification by the Town Supervisor thereof; and it is further
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RESOLVED, that Town of Dryden hereby agrees that construction of the Project shall begin
no later than twenty-four (24) months after award and the construction phase of the
Project shall be completed within thirty (30) months; and it is further
RESOLVED, that the Supervisor of the Town of Dryden be and is hereby authorized to
execute on behalf of the Town of Dryden all necessary agreements, certifications or
reimbursement requests for federal-aid and/or state- aid with the New York State
Department of Transportation in connection with the advancement or approval o f the
Project and providing for the administration of the Project and the Town of Dryden's
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 Skaley Yes
Cl Lamb Yes
Supv Leifer Yes
At 6:46 p.m. the board moved into executive session to discuss the employment history
of particular individual. No action was taken, and the board moved back to regular session at
6:53 p.m.
Agenda items for next week include continuing the public hearing for 1892 Slaterville
Road, a public hearing allowing the town to exceed the tax levy cap, and a local law
establishing a community choice aggregation program in the town. There will also be a
presentation by the Owasco Lake Watershed Management Council.
Cl Lamb reported that Jeff Smith, County Highway Manager, had sent an email
regarding Game Farm Road summarizing meeting of stakeholders.
There being no further business, the meeting was adjourned at 6:56 p.m.
Respectfully submitted,
Bambi L. Avery
Town Clerk