HomeMy WebLinkAboutTB 3-21-2024 final att TB 3-21-24
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TOWN OF DRYDEN
TOWN BOARD MEETING
March 21, 2024
Zoom Hybrid
Present: Supervisor Jason Leifer, Cl Daniel Lamb, Cl Christina Dravis,
Cl Spring Buck
Absent: Cl Leonardo Vargas-Mendez
Elected Officials: Bambi L. Avery, Town Clerk
Other Town Staff: Ray Burger, Planning Director
Cassie Byrnes, Secretary to Supervisor
Supv Leifer opened the meeting at 6:05 p.m. Board members and audience recited the
pledge of allegiance.
TOWN CLERK
RESOLUTION #60 (2024) – APPROVE MEETING MINUTES
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves the meeting minutes of January 11,
January 18, February 8, and February 15, 2024.
2nd Cl Lamb
Roll Call Vote Cl Buck Yes
Cl Dravis Yes
Cl Lamb Yes
Supv Leifer Yes
ANNOUNCEMENTS
Supv Leifer said residents that have received notice that their property has been
reassessed at a value that they believe is too high need to contact Tompkins County
Assessment and make an appointment to appeal the valuation. He understands that one-third
of the town was reassessed and no commercial or farm properties.
HIGHWAY/DPW DEPARTMENT
No report.
PLANNING DEPARTMENT
Ray Burger said a couple of the things on his monthly report will come up later in
tonight’s agenda. He noted there will be an application by Berkshire Hathaway for the Borger
compressor station for a site plan amendment for next month. They will be making their
security fence a double row and much more prominent. They will also be doing some different
landscaping near the fence and a large tree will have to come down. The public hearing for the
site plan amendment will be held on April 11. Their yearly update to the town is also due next
month.
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While there isn’t a full application yet, in April there will be an introduction of the
Caswell Road Landfill solar project. The applicant also wants to hold a community outreach
meeting in April.
INHS has communicated they are looking to do something on the site of the former
MayFly project at the corner of Freese Rd and Route 366 that has been abandoned. A mix of
housing is proposed.
Information is anticipated regarding a solar proposal for 5MW of solar on Morris Road.
FIRE COORDINATOR
Chris O’Connor reported they are all set with the strategic planning session. It will
begin at 9:00 a.m. at the town hall. They hope to be done by 2:00 p.m., but it may go until
3:00 p.m. The training is provided in person only.
Varna Fire Department Report– Mason Jager thanked the board for its efforts in
working toward the 2024 contract. He presented Varna’s report for February. The department
responded to 39 calls, including 4 structure fires, 24 EMS calls, and 5 hazardous conditions.
They gave mutual aid 11 times and received mutual aid once. The average enroute time was
one minute 56 seconds, and the average on scene time was seven minutes 11 seconds. They
have 73 active members, with 41 firefighters and 33 EMTs. He is happy to report that they had
approximately 20 members respond to structure calls. They have had an excellent turnout and
most are trained firefighters. There has also been a tremendous turnout from mutual aid
members.
They recently had nine members pass the BEFO course, with five intending to do
interior certification. Three members have been certified as EMTs.
In February they added 14 new members, mostly undergraduates from Cornell. This
month they admitted four local community members. Applicants that were not accepted were
encouraged to apply to Etna Fire Department.
The bunkhouse is scheduled to be full for next year. Their bunkhouse program and
shift system contribute to quick response times.
They have received the final report on their apparatus and will arrange a meeting with
the consultant and town representatives to review that.
Freeville Fire Department – Mike Parker said his department submits call reports each
month to the town. He appreciates the board’s effort regarding the 2024 fire contracts. Two
members of his department will attend the strategic planning session. The village of Freeville
will sign their contract at their next meeting.
M Parker said the fire departments have not been included in any solar planning at all.
There have been some fires at these solar sites and there is no access to the fields and they
have had no training on how to put the fires out. There have been fires in the state where the
solar sites have huge battery storage and fires have burned for days. The departments need to
be included in planning for these sites. Solar on private homes is an issue also. No training
has been offered.
Cl Lamb said it would be a good idea to have the departments weigh in on the plan
when it comes before the board. C O’Connor said there are not currently any courses on solar
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fields, but one on residential solar is available through the academy. Supv Leifer said access to
the large arrays for local departments is an issue.
Linda Fenner, of Etna Fire Department, thanked the board for its work on the
contracts. She said they are sending three or four people to the strategic planning session.
Everything required in the contract has been submitted to the Secretary to the Supervisor.
They will continue to work with the town to improve everything. They are preparing postcards
to distribute door to door in the area of the department for recruitment purposes.
M Parker said Freeville used to have a bunker program and is talking about
resurrecting that to improve their numbers. They may be talking about that at budget time. It
would provide members that would be available to respond quickly to calls.
COUNTY BRIEFING
Mike Lane said at Tuesday night’s meeting of the County Legislature they passed a
resolution supporting modernization of the State’s sales tax laws to include the vacation rental
industry. The Association of Counties has also passed it. Senator Webb and Senator Kelles
are sponsoring this bill at the state level.
TC3 continues to come back from the pandemic. They are already looking at their fall
registrations and have about 1300 applications, about 11% over this time last year. The new
labs are completed and they had an afterhours event for two Chambers of Commerce that was
very well attended by the business community. There were a lot of positive comments on how
TC3 is helping each county and how the micro-credential programs are contributing to that.
The nursing program has more applicants than it can accommodate. It doesn’t make any
money for the college, but solves a need that we often have by producing folks who want to
become nurses. Students can go right to work with an associate degree or transition to a four-
year degree.
The Village of Dryden did not get the NY Forward grant. It was awarded to Groton. It is
the first of those awards in Tompkins County, and M Lane is thankful the deserving
community of Groton was successful.
The Emergency Response Center yesterday had an open house presenting the rapid
medical response program, and the full and part time and contractual employees. There is
excitement about the program being started. Many work other jobs as well. One has hours at
four different locations. The repurposed vehicles are being equipped and painted so they will
be ready and visible and they are negotiating with four locations for the vehicles. They want to
roll this out April 1.
M Lane said he disagrees with comments about the cost of this program after year one.
He doesn’t think that it is only a few members of the legislature that think the cost should be
shared. Most think that there should be credits for places like Dryden, Groton, and
Trumansburg, including him. But that is currently under negotiation. Many think that the
localities that are getting the service ought to share some of it, but they don’t know much and
they won’t be asked to do all of it.
Cl Lamb understands the county’s feeling that municipalities have some skin in the
game, but moving into implementation may compromise the buy in from the municipalities.
The unanimous feeling of TCCOG is that this is the wrong direction to go.
M Lane said this was an idea that came from the towns that didn’t have service. It is
difficult to approach the county to pay for it. What that can do is open the door for future
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improved services for medical services. Cl Lamb said this is a regional problem that needs a
regional solution. Some residents are facing a very long wait for first responders.
There is no update on the RFP for broadband service.
M Lane said the Alcohol & Drug Counsel discontinued its operation on North
Triphammer Road. The Health Department is working to transfer its clients to other services.
The County will be looking at what can be done to rescue the idea of that program. Cl Lamb
asked if another entity could come on board and take that program on. M Lane referred him to
Frank Kruppa of the Health Department.
Supv Leifer has heard that big ISPs are trying to kill off the idea of municipal broadband
with state legislation and hopes that the county is aware of any of those that may be
responding to the county RFP. This will only help the incumbent companies.
DISCUSSION/ACTION ITEMS
Local Law Requiring PILOT for Solar Projects – Supv Leifer introduced the following
local law that would require a payment in lieu of taxes for any solar projects in the future.
LOCAL LAW NO. ___ FOR THE YEAR 2024
A LOCAL LAW CREATING A NEW CHAPTER 225
ENTITLED “SOLAR ENERGY SYSTEMS PILOT LAW”
Be it enacted by the Town Board of the Town of Dryden as follows:
ARTICLE 1: GENERAL PROVISIONS
Section 225-1. Title.
This Local Law shall be referred to as Local Law No. x-2024, entitled “Solar Energy Systems
PILOT Law”
Section 225-2. Authority.
This chapter is intended to be consistent with and is enacted by the Town Board of the Town of
Dryden pursuant to its authority to adopt laws under the New York State Constitution, the New
York State Municipal Home Rule Law, the New York State Town Law, and the New York Real
Property Tax Law. It is intended and hereby declared to address matters of local concern only
and is intended to act in furtherance of the Town's authority with respect to zoning and land use
laws and its police and taxation powers, related to solar energy systems.
Section 225-3. Statement of Purpose.
This chapter is adopted to ensure that the benefits of the community's solar energy resource are
available to the entire community, by promoting the installation of solar energy generating
equipment through a payment in lieu of taxes (PILOT), granting reduced costs to system
developers and energy consumers, and providing a revenue stream to the entire community.
Section 225-4. Conflict with Other Laws.
Where this Local Law differs or conflicts with other laws, rules, and regulations the more
restrictive applicable law, rule or regulation shall apply. This section shall be inapplicable where
County, State or Federal Law preempts the application of a more restrictive law, rule or
regulation, including the provisions contained in this Local Law.
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ARTICLE 2: SOLAR ENERGY SYSTEMS PILOT AGREEMENTS
Section 225-5. Word Usage and Definitions.
For the purposes of this Local Law, and where not inconsistent with the context of a particular
section, the terms, phrases, words, abbreviations and their derivations defined below shall have
the meaning given in this Article. When not inconsistent with the context, words in the present
tense include the future tense, words used in the plural number include words in the singular
number. The word “shall” is always mandatory and not merely directory.
ANNUAL PAYMENT
The payment due under a PILOT agreement entered into pursuant to Real Property Tax
Law § 487(9).
ANNUAL PAYMENT DATE
January 1 of each year.
BUILDING INTEGRATED SOLAR ENERGY SYSTEM
A combination of photovoltaic building components integrated into any building envelope
system, such as vertical facades, including glass and other facade material,
semitransparent skylight systems, roofing materials, and shading over windows.
CAPACITY
The manufacturer's nameplate capacity of the solar energy system as measured in
kilowatts (kW) or megawatts (MW) AC.
COMMERCIAL SOLAR ENERGY SYSTEM
A solar energy system that primarily produces energy that is fed directly into the grid
primarily for off-site sale or consumption, or any solar energy system with a nameplate
generating capacity of 200 kilowatts or more. Commercial solar energy systems include
building-integrated, roof-mounted and ground-mounted solar energy systems that meet
or exceed the above-stated nameplate generating capacity.
GROUND-MOUNTED SOLAR ENERGY SYSTEM
A solar energy system that is anchored to the ground and attached to a pole or other
mounting system, detached from any other structure for the primary purpose of
producing electricity.
HOST COMMUNITY AGREEMENT
A contract between a Commercial Solar Energy System owner/developer and the Town,
whereby such owner/developer agrees to provide the community with certain benefits
and mitigate specified impacts of the solar project.
NON-COMMERCIAL SOLAR ENERGY SYSTEM
A solar energy system with a nameplate generating capacity of less than 200 kilowatts
that is incidental and subordinate to another use on the same parcel and which primarily
produces energy for on-site consumption. Non-commercial solar energy systems include
building-integrated, roof-mounted and ground-mounted solar energy systems that do not
meet or exceed the above-stated nameplate generating capacity.
OWNER
The owner of the property on which a solar energy system is located or installed, or their
lessee, licensee or other person authorized to install and operate a solar energy system
on the property.
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PHOTOVOLTAIC SYSTEMS
A solar energy production system that produces electricity by the use of semiconductor
devices, i.e., photovoltaic cells that generate electricity when light strikes them.
ROOF-MOUNTED SOLAR ENERGY SYSTEM
A solar panel system located on the roof of any legally permitted building or structure for
the purpose of producing electricity for onsite or offsite consumption.
SOLAR ENERGY EQUIPMENT
Electrical energy storage devices, material, hardware, inverters, or other electrical
equipment and conduits of photovoltaic devices associated with the production of
electrical energy.
SOLAR ENERGY SYSTEM
All components and subsystems required to convert solar energy into electric energy
suitable for use. This term includes, but is not limited to, solar panels and solar energy
equipment. The area of a solar energy system includes all the land and/or structures
inside the perimeter of the solar energy system, which extends to any interconnection
equipment.
Section 225-6. PILOT required.
A. The owner of a property on which a solar energy system is located or installed (including
any improvement, reconstruction, or replacement thereof), shall enter into a PILOT
agreement with the Town of Dryden consistent with the terms of this chapter, except for
(1) Non-Commercial Solar Energy Systems.
(2) Solar energy systems that do not seek or qualify for an exemption from real property
taxes pursuant to Real Property Tax Law § 487(4).
B. The lessee or licensee of any owner of a property required to enter into a PILOT agreement
by this section, which owns or controls the solar energy system, may enter into the PILOT
agreement on behalf of the owner of the property.
C. Pursuant to Real Property Tax Law § 487(9)(b), the Town of Dryden hereby expresses its
ongoing intent to require a contract for PILOT for such solar energy systems, and this
chapter shall be considered notification to owners or developers of such systems and no
further action is required on the part of the Town of Dryden with respect to the notification
requirements by the Town of Dryden as set forth in Real Property Tax Law § 487(9)(a).
D. Nothing in this chapter shall exempt any requirement for compliance with state and local
codes for the installation of any solar energy equipment or a solar energy system, or
authorize the installation of any solar energy equipment or a solar energy system. All solar
energy systems must file a real property tax exemption application pursuant to Real
Property Tax Law § 487 to receive a tax exemption.
E. Nothing in this chapter shall act to prohibit the Town of Dryden from also requiring a Host
Community Agreement, in accordance with its authority otherwise granted by state and
local law.
Section 225-7. Contents of PILOT agreements.
Each PILOT agreement entered into shall include:
A. Name and contact information of the owner or other party authorized to act upon behalf of
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the owner of the solar energy system.
B. The tax identification number for each parcel or portion of a parcel on which the solar energy
system will be located.
C. A requirement for not more than fifteen successive annual payments, to be paid
commencing on the first annual payment date after the effective date of the real property
tax exemption granted pursuant to Real Property Tax Law § 487.
D. The capacity of the solar energy system, and that if the capacity is increased or decreased
as a result of a system upgrade, replacement, partial removal or retirement of solar energy
equipment, the annual payments shall be increased or decreased on a pro rata basis for the
remaining years of the agreement.
E. That the parties agree that under the authority of Real Property Tax Law § 487 the solar
energy system shall be considered exempt from real property taxes for the fifteen-year life
of the PILOT agreement.
F. That the PILOT agreement may not be assigned without the prior written consent of the
Town of Dryden, which consent may not be unreasonably withheld if the assignee has
agreed in writing to accept all obligations of the owner, except that the owner may, with
advance written notice to the Town of Dryden but without prior consent, assign its payment
obligations under the PILOT agreement to an affiliate of the owner or to any party who has
provided or is providing financing to the owner for or related to the solar energy system, and
has agreed in writing to accept all payment obligations of the owner.
G. That a notice of this agreement may be recorded by the owner at its expense, and that the
Town of Dryden shall cooperate in the execution of any notices or assignments with the
owner and its successors.
H. That the Town of Dryden Town Board may establish by resolution the payment amount and
terms of PILOT agreements by developers of solar energy systems with the Town of Dryden
or may delegate to the Tompkins County Industrial Development Agency the authority to
negotiate such agreements on behalf of the Town of Dryden.
I. That if the annual payment is not paid when due, that upon failure to cure within 30 days,
the Town of Dryden may cancel the PILOT agreement without notice to the owner, and the
solar energy system shall thereafter be subject to taxation at its full assessed value
Section 225-8. Severability.
If any provision, clause, sentence, subsection, word or part of this Local Law is held illegal,
invalid, unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity
or unconstitutionality, or inapplicability shall not affect or impair any of the remaining
provisions, clauses, sentences, subsections, words, or parts of this Local Law or their application
to other persons or circumstances. It is hereby declared to be the legislative intent that this Local
Law would have been adopted if such illegal, invalid, or unconstitutional provision, clause,
sentence, subsection, word or part had not been included therein, and as if such person or
circumstance, to which this Local Law or part thereof is held inapplicable, had been specifically
exempt therefrom.
Section 225-9. Repealer.
All ordinances, local laws, and parts thereof inconsistent with this Local Law are hereby repealed.
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Section 225-10. Effective Date.
This Local Law shall take effect immediately upon filing with the New York State Secretary of
State in accordance with Section 27 of the Municipal Home Rule Law.
RESOLUTION #61 (2024) - INTRODUCING A PROPOSED LOCAL LAW
Supv Leifer offered the following resolution and asked for its adoption:
WHEREAS, a local law entitled “A LOCAL LAW CREATING A NEW CHAPTER 225
ENTITLED ‘SOLAR ENERGY SYSTEMS PILOT LAW’” was introduced at this meeting; and
WHEREAS, the Town Board desires to hold a public hearing with respect to the adoption
of said Local Law.
NOW, THEREFORE, BE IT RESOLVED that a public hearing will be held by the Town
Board of the Town of Dryden with respect to the adoption of the aforesaid Local Law on April 11,
2024 at 6:00 p.m., or as soon thereafter may be heard; and it is further
RESOLVED, that the Town Clerk is hereby authorized and directed to cause public notice
of said hearing to be given as provided by law.
2nd Cl Leifer
Roll Call Vote Cl Dravis Yes
Cl Buck Yes
Cl Lamb Yes
Supv Leifer Yes
South Hill Recreation Way – This has to do with extending the South Hill Recreation
Way from Burns Road out to the Tioga line. A portion of that runs through the Town of Dryden
and three other towns. There will be a press release in early April. We will send a letter to the
adjacent property owners in our town.
Resolution #62 (2024) - Scheduling A Hearing To Consider Extension Of The South
Hill Recreation Way
Supv Leifer offered the following resolution and asked for its adoption:
WHEREAS, the Town of Dryden (hereinafter “Town”) wishes to cooperate with the Towns
of Caroline, Danby and Ithaca to develop an extension of the South Hill Recreation Way from its
present terminus at Burns Road out to the Tioga County line; and
WHEREAS, the route of this trail extension follows the former railbed which is now owned
by New York State Electric and Gas (NYSEG); and
WHEREAS, a Memorandum of Understanding has been drafted setting forth the
responsibilities and liabilities regarding this trail extension; and
WHEREAS, NYSEG has offered to sell a trail easement to the Towns based on a fair
market appraisal price of $36,667 with the Town of Dryden’s proportionate share being $5635;
and
WHEREAS, the Town desires to hold a public hearing pursuant to Section 247 of the
General Municipal Law of the State of New York regarding acquisition of open spaces.
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NOW, THEREFORE, BE IT RESOLVED that a public hearing will be held by the Town
Board of the Town of Dryden with respect to the approval of the aforesaid Memorandum of
Understanding and Easement purchase on April 18, 2024 at 6:30 p.m., or as soon thereafter
may be heard; and it is further
RESOLVED, that the Town Clerk is hereby authorized and directed to cause public notice
of said hearing to be given as provided by law.
2nd Cl Lamb
Roll Call Vote Cl Dravis Yes
Cl Buck Yes
Cl Lamb Yes
Supv Leifer Yes
ITHACA AREA WASTEWATER TREATMENT PLANT – The Special Joint Committee
and staff would like to develop a capital improvement plan project to assist in planning,
budgeting and procurement of infrastructure related grants and low interest loans. Dryden’s
share (2%) of the anticipated cost is $5,940.00.
RESOLUTION #63 (2024) – ITHACA AREA WASTEWATER TREATMENT FACILITY
(IAWWTF) – CAPITAL IMPROVEMENT PLAN PROJECT
Supv Leifer offered the following resolution and asked for its adoption:
WHEREAS, the IAWWTF is a 38-year-old, technically complex, and environmentally important
facility that is jointly owned by the City of Ithaca, the Town of Ithaca, and the Town of Dryden,
and
WHEREAS, the IAWWTF has both short- and long-term capital needs to help maintain
compliance, meet energy goals, and provide adequate planning for necessary repairs,
opportunities for better efficiency, and a look toward the future, and
WHEREAS, plant staff and the Special Joint Committee (SJC) are desirous in developing a
proper Capital Improvement Plan Project (CIPP) to assist in planning, budgeting, and the
procurement of potential infrastructure related grants and low interest loans afforded to
municipalities, and
WHEREAS, a Request for Qualifications (RFQ) was made to regional consulting firms and four
responses were submitted, and
WHEREAS, plant staff interviewed and evaluated presentations from each candidate, and
WHEREAS, at its February 14, 2024 meeting, staff and the Special Joint Committee (SJC)
recommended to its municipal boards the approval of Barton & Loguidice, D.P.C., 443
Electronics Parkway, Liverpool, NY, as the consultant of choice to prepare the CIPP, and
WHEREAS, on February 21, 2024, B&L provided an Engineering Agreement proposal of
services which included an estimated project cost of $300,000, with anticipated 50% funding
through a NYSERDA Flextech grant, and anticipated local cost match of 50%, and
WHEREAS, staff endorses the funding of a project amount not to exceed Three Hundred
Thousand Dollars ($300,000) with anticipated 50% cost match, in the interests of better plant
operational efficiency, and longevity; now, therefore, be it
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RESOLVED, that the Town of Dryden approves its share of the CIPP in the amount of Five
Thousand, Nine Hundred and Forty Dollars ($5,940.00), and, be it further
RESOLVED, that the total funds necessary for said project be derived from the following
sources as determined by the City Controller: 100% through capital reserves - Account J-1,
with an anticipated return to capital reserves using a 50% match through NYSERDA Flextech
funding.
2nd Cl Dravis
Roll Call Vote Cl Buck Yes
Cl Dravis Yes
Cl Lamb Yes
Supv Leifer Yes
Dryden Fiber Executive Director Agreement – Coughlan & Gerhart have reviewed the
contract for the Executive Director for Dryden Fiber.
RESOLUTION #64 (2024) – AUTHORIZE AGREEMENT FOR EXECUTIVE DIRECTOR FOR
DRYDEN FIBER – MAKAR
Cl Dravis offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves the agreement with David Makar to
act as Executive Director for Dryden Fiber for the annual amount of $75,000 (prorated), and
the Town Supervisor is authorized to execute said agreement.
2nd Cl Lamb
Roll Call Vote Cl Buck Yes
Cl Dravis Yes
Cl Lamb Yes
Supv Leifer Yes
Hunt Engineers Services Agreement – Hunt Engineers has provided services for
Dryden Fiber under a series of agreements. This agreement (attached) billed on an hourly
basis, will require Hunt to differentiate work done under any previous agreements for billing
purposes. They are working on things outside of Phase 3 already.
RESOLUTION #65 (2024) – AUTHORIZE AGREEMENT WITH HUNT ENGINEERS
Cl Dravis offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves the Agreement for Hunt Engineering
Services for services rendered in connection with the Dryden Fiber project dated January 1,
2024, and the Town Supervisor is authorized to execute said agreement.
2nd Supv Leifer
Roll Call Vote Cl Buck Yes
Cl Dravis Yes
Cl Lamb Yes
Supv Leifer Yes
Appoint Fire Coordinator – Chris O’Connor has passed the civil service exam for the
Fire Coordinator position.
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RESOLUTION #66 (2024) – APPOINT FIRE COORDINATOR
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby appoints Christopher O’Connor, from the
certified list of candidates through Tompkins County Civil Service, to the permanent position of
Town Fire Coordinator as of March 21, 2024.
2nd Cl Lamb
Roll Call Vote Cl Buck Yes
Cl Dravis No
Cl Lamb Yes
Supv Leifer Yes
Appoint Director of Recreation – Marty Conger has passed the civil service exam for
the Director of Recreation position.
RESOLUTION #67 (2024) – APPOINT DIRECTOR OF RECREATION
Cl Dravis offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby appoints Marty Conger, from the certified list
of candidates through Tompkins County Civil Service, to the permanent position of Director of
Recreation as of March 21, 2024.
2nd Cl Buck
Roll Call Vote Cl Buck Yes
Cl Dravis Yes
Cl Lamb Yes
Supv Leifer Yes
FEMA Backup Generator Grant Application – The board has received notification that
a local dermatologist is applying for a FEMA grant for his business property and needs board
input. The board would like to invite him to the April 11 meeting to discuss the intended
purpose and whether he will offer space as a relief center.
Recognizing Harry Weldon – The board has prepared a resolution recognizing Harry
Weldon’s tenure as Town Historian.
RESOLUTION #68 (2024) – RECOGNIZING HARRY WELDON
Supv Leifer offered the following resolution and asked for its adoption:
WHEREAS, Harry Weldon served as the Town Historian from 2009 to 2023; and
Whereas, the Town Historian promotes community awareness and appreciation for the town’s
history through research and writing, and presented the Board with annual reports about
activities related to historical research and preservation; and
Whereas, the Town Board would like to thank Mr. Weldon for his many years of dedicated service
to the Town to preserve and document the memories of people and events important to the Town
of Dryden’s history; now therefore
BE IT RESOLVED that, the Town Board acknowledges and thanks Harry Weldon for his years of
service to the Town of Dryden to preserve historical records, artifacts, genealogical research, and
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record keeping that are available to the community for education and enjoyment, and be it
further
RESOLVED that this resolution is to be certified by the Town Clerk and provided to Harry Weldon
as a memento of his service to the Town of Dryden.
2nd Cl Lamb
Roll Call Vote Cl Buck Yes
Cl Dravis Yes
Cl Lamb Yes
Supv Leifer Yes
Recognizing Daniel Bussmann - The board has prepared a resolution recognizing
Daniel Bussmann’s tenure as a Planning Board member.
RESOLUTION #69 (2024) – RECOGNIZING DANIEL BUSSMANN
Cl Dravis offered the following resolution and asked for its adoption:
WHEREAS, Daniel Bussman served on the Town Planning Board from 2019 until 2022; and
Whereas, The Town of Dryden Planning Board is statutorily responsible for reviewing and acting
on site plan review applications and most land subdivision applications, and applying the Town’s
Zoning Ordinance, Subdivision Law, Design Guidelines, and SEQR as the criteria in forming
their decisions, and working with the Town Board to guide development in the Town of Dryden
by developing and amending the Town’s comprehensive plan and zoning laws for the benefit of
all residents in the Town; and
Whereas, Town of Dryden Planning Board members are volunteers and board members sacrifice
many hours outside of their professional and personal lives to attend meetings, trainings, and
review materials; and
Whereas, Mr. Bussman served until he was forced to take a leave of absence to address health
issues; and
BE IT RESOLVED that, the Town Board posthumously acknowledges and thanks Daniel
Bussman and his family for his years of service to the Town of Dryden and thanks his family for
sharing in the burden of his service to the Town, and be it further
RESOLVED that this resolution is to be certified by the Town Clerk and provided to Mr.
Bussman’s family as a memento of his service to the Town of Dryden.
2nd Supv Leifer
Roll Call Vote Cl Buck Yes
Cl Dravis Yes
Cl Lamb Yes
Supv Leifer Yes
Now that the fire contracts have been agreed on, the board will authorize payments
outside the abstract to be released when the signed contracts are received.
RESOLUTION #70 – AUTHORIZE PAYMENTS OUTSIDE THE ABSTRACT –
FIRE CONTRACTS
Supv Leifer offered the following resolution and asked for its adoption:
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RESOLVED, that this Town Board hereby authorizes payment outside the abstract after
signed agreements and all additional items required under those agreements are received from
the departments by the town as follows:
Varna Volunteer Fire Company, Inc. $400,000.00
WB Strong Fire Company of Freeville, Inc. $234,500.00
Neptune Hose Company No. 1 of Dryden, Inc. $571,500.00
Etna Volunteer Fire Department, Inc. $241,000.00
2nd Cl Lamb
Roll Call Vote Cl Buck Yes
Cl Dravis Yes
Cl Lamb Yes
Supv Leifer Yes
ADVISORY BOARD UPDATES
Affordable and Workforce Housing Committee –
• Discussion continued about the proposed mobile homes weatherization project in
conjunction with CCE Tompkins using EmPower+ funds.
• The THOMA project that will provide energy rehab work for 14-16 homes will have a
public launch meeting soon.
• Dillon Shults in the town Planning Department is completing an application for the
Town to receive Pro-Housing designation status. If that doesn’t work, the Town Board
can adopt a resolution similar to what the Village did recently.
• The 2022 Comprehensive Plan mandates that the town conduct a zoning review which
will be conducted by a recently hired Community Planning Development Associate by
August after the Planning Board comes up with a list of priorities.
• Martha Robertson will reach out to the new Park Grove development (1061 Dryden Rd)
to see if they plan to install heat pumps in each unit.
• They discussed “Social Housing” in other communities. These are permanently
affordable, union-built social housing which are owned by the public instead of private
developers. More information is needed to see if it’s something to be considered locally.
• Ezra Village work will commence this summer.
Climate Smart Communities Task Force -
• Tom Sinclair from the Village of Dryden attended and he will plan on attending more
meetings in the future
• We have identified seven heat pump installations to date as part of our Clean Energy
Campaign. Once we identify ten, we can apply for the $10,000 grant. One possible use
for the money is assisting the fire departments to conduct energy audits of their fire
stations. Outreach efforts have included the Town’s newsletter and an article in the
Tompkins Weekly. We are considering mailing postcards to residents with high heating
costs and an ad in The Shopper.
• One of our Task Force members, Jack Wright, works for CCE Tompkins and hosted a
webinar last night with approximately fifty attendees. He discussed various programs to
help residents save money on energy costs (home energy audits, weatherization, and
electric energy like heat pumps).
• An RFP will be going out soon to complete the weatherization work at the DPW office
building.
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Conservation Board –
• Updates were shared from Rail Trail Task Force and Climate Smart Communities Task
Force.
• Cl Buck reported out on meeting with Rick Young: followed up on concerns with Lower
Creek Road ditches and a tour to see them; followed up on concern about early mowing
near Dryden Lake in the past; upcoming road work for 2024
• Potential future Conservation Board activities discussed:
o Possibly partner with High School Sustainability club for a booth at Dryden
Dairy Days to educate on pollinator plants/pathways
o Possibly encourage Elementary School Garden Club to have a potential
pollinator garden at the school
• Report from the Owasco Lake Watershed Management Council.
o Point raised if Conservation Board would be interested in monitoring ditch
inputs into streams there may be support from other organizations.
• Regenerative Agriculture – primary topic of discussion and one to be discussed with the
Ag Board.
Planning Board – The board is starting to work with the consultant on the zoning
rewrite and is proud of their selection. There was discussion on how to extend the contract for
the second phase. This is a good deal for the town, being the best fit and the most affordable.
There was discussion on the upcoming solar projects on Caswell Road and Morris Road.
Rail Trail Task Force – The task force has had a bit of trouble using the funds from
the $5,000 tourism grant because of the weather and coordination of contractors. Highway
Superintendent R Young is being very helpful with that and has said this week that he hopes to
get to the area near Pinckney Road, and we’ll be able to spend the funds before the deadline.
They’ve had a breakthrough with the State Parks grant that was received years ago for
$180,000. They had been reluctant to accept some of the maps that the town provided, but
they now have done that and we will be able to start spending some of the funding that was
awarded.
They had a great presentation by Ben Anderson, a freshman at Clarkson, on how to fix
a washout of the trail near the NYSEG/Leonardo property. He presented plans for culverts and
bridges. One simple thing is to put in a 6’ culvert built up with concrete reinforcement. There
will need to be some professional engineering for wetland protection.
The task force is in the process of getting easements approved from Cornell and
Knickerbocker for the Route 13 pedestrian bridge. Language that is satisfactory for NYS DOT
has been worked out and the documents just need to be signed.
Recreation & Youth Commission – Last month Ray Burger was present to discuss the
wetland delineation and the process of getting a contractor to develop a plan for the property
behind town hall. There was a presentation from the OURS program and Recreation & Youth
Services annual report.
Ag Advisory Committee – The board discussed regenerative farming and that they
promote all types of farming. They will not promote one method over others.
Broadband Committee – Dave Makar as executive director meets with all vendors
regularly now, separate from the advisory committee meeting. The advisory committee receives
a report from D Makar. He will ask for input on public outreach and updates on grants. The
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committee meets again via zoom tomorrow. The operations meetings are separate from the
citizen advisory board meeting. D Makar is doing a good job.
CITIZENS PRIVILEGE –
None.
There being no further business, the meeting was adjourned at 7:40 p.m.
Respectfully submitted,
Bambi L. Avery
Town Clerk
AGREEMENT FOR ENGINEERING SERVICES
PART I PARTIES AND PROJECTS
The AGREEMENT made on this 1st day of January 2024, by and between the
Town of Dryden and Hunt Engineers, Architects, Land Surveyors & Landscape Architect
D.P.C., hereinafter referred to as Engineer.
WITNESSETH THAT:
Whereas Owner desires to retain the Engineer to perform certain consulting, survey, design,
inspection and advisory services on behalf of Owner when required for projects as authorized by
Owner.
PART II ENGINEERING CHARGES
2.1 The Engineer will furnish the Owner with engineering services as required for which
Owner shall compensate the Engineer at hourly rates not to exceed the following:
Per Hour
2.1.1 Field Survey
Professional Land Surveyor $ 125.00
Pole Survey $ 95.00
Field Crew prevailing wage
2.1.2 Mapping
GIS Mapping $ 95.00
Application Prep/Pole Markups $ 95.00
2.1.3 Design Engineering
Administrative Support $65.00
Marketing Consultant $85.00
Design Engineer $115.00
Design Tech $90.00
Grant Writer $95.00
Broadband Project Manager $120.00
Broadband Consultant/Project Manager $150.00
Senior Engineering $ 150.00
Principal $ 200.00
2.1.4 Disbursements
Mileage will be reimbursed at the federal reimbursement rate.
Please refer to Reprographics Rates, Attachment A
PART III PAYMENTS TO THE ENGINEERS
3.1 Payment shall be made in accordance with Part II of the Agreement. Owner will be
invoiced monthly with payment due thirty (30) days after the date of the invoice.
Dryden
2024 Agreement for Engineering Services
Page 2
PART IV GENERAL PROVISIONS
4.1 Ownership of Documents
All reports, maps, plans, specifications, and other documents prepared by the Engineers,
being instruments of service, shall be considered to be property of Owner when paid for,
pursuant to the Agreement.
4.2 Delegation of Duties
The Engineer shall not assign, transfer, or otherwise dispose of this Contract without the
previous consent in writing of Owner.
4.3 Termination
The Agreement may be terminated by either party with thirty (30) days written notice. The
Engineer shall be paid the accumulated fees to the date of the termination of service.
4.4 Governing Law
Engineers agree to comply with all laws, rules, and regulations, relative to this project, that
may be imposed upon by the Federal, State, County or City applicable thereto and any
rules and regulations thereof.
4.5 Extent of Agreement
This Agreement represents the entire and integrated Agreement between Owner
and Engineer and supersedes all prior negotiations, representations or agreements,
either written or oral. This Agreement may be amended only by written instrument
signed by both Owner of and the Engineer.
4.6 General
4.6.1 Neither party shall hold the other responsible for damages or delay in
performance caused by acts of God, strikes, lockouts, accidents, or other events
beyond the control of the other or the other’s employees and agents.
4.6.2 In the event that any provisions of this Agreement shall be held to be invalid and
unenforceable, the remaining provisions shall be valid and binding upon the
parties. One or more waivers by either party of any provision, term, condition or
covenant shall not be construed by the other party as a waiver of a subsequent
breach of the same by the other party.
Dryden
2024 Agreement for Engineering Services
Page 3
4.6.3 The Engineer has not been retained or compensated to provide design and
construction review services relating to Contractor’s safety precaution or to
means, methods, techniques, sequences, or procedures required for the
Contractor to perform work not related to the final or completed structure; omitted
services include, but are not limited to, shoring, scaffolding, underpinning,
temporary retainment of excavations, and any erection methods and temporary
bracing.
4.6.4 The Engineer intends to render his services under this Agreement in accordance
with generally accepted professional practices for the intended use of the Project.
4.6.5 Any opinion of Construction Cost prepared by the Engineer represents his
judgment as a design professional and is supplied for the general guidance of
Owner. Since the Engineer has no control over the cost of labor and material, or
over the competitive bidding or market conditions, the Engineer does not
guarantee the accuracy of such opinions as compared to Contractor bids for
actual cost to Owner.
PART V SPECIAL PROVISIONS
5.1 Owner’s Liability
It is understood by and between the parties hereto that this Agreement shall be deemed
executory to the extent of monies available to Owner and no liability on account thereof
shall be incurred by Owner beyond monies available for the purposes.
5.2. Insurance Indemnity
5.2.1 Engineer’s Insurance
The Engineer agrees to procure and maintain, at his own expense, insurance of
the kinds and in the amounts hereafter provided with insurance companies
authorized to do business in New York State, covering all operations under the
Agreement, whether performed by it or by subcontractors. Before commending
the work, Engineer shall furnish Owner a certificate, or certificates, in a form
satisfactory to Owner showing that it has complied with this schedule, which
certificate or certificates shall provide that the policies shall not be changed or
canceled until thirty (30) days written notice has been given to Owner. The kinds
and amounts of insurance required as follows:
a. Policy or policies covering the obligations of Engineers in accordance
with the provisions of any applicable Worker’s Compensation or Disability
Benefits Law, including the State of New York, Chapter 41, Laws of 1914,
as amended, known as Worker’s Compensation Law and amendments
thereto, and Chapter 600 of the Laws of 1949, as amended, known as
Disability Benefits, law, and this Agreement shall be void and of no effect
unless Engineer procures such policy or policies and maintains the same
in force during the term of this Agreement.
Dryden
2024 Agreement for Engineering Services
Page 4
b. Policies of bodily injury liability and property damage liability insurance,
each with single limits of liability of one million dollars per occurrence for
all damages arising out of bodily injury, including death at any time
resulting therefore, sustained by two or more persons in any one
accident, and not less than one million dollars for all damages arising out
of injury to, or destruction of, property during the policy period.
c. Liability insurance issued to and covering the liability of Engineer with
respect to all work performed by him under this Agreement.
d. Liability insurance issued to and covering the liability of each of the
Engineer’s subcontractors with respect to all work performed by said
subcontractors under this Agreement.
e. Owner shall be named as additional insured on the policies under
subparagraphs b., c., and d.
The Engineer shall be responsible for all damage to life and property due
to activities of the Engineer, his subcontractors, agents, or employees in
connection with his services under this Agreement.
5.2.2 Professional Liability Insurance
The Engineer shall procure professional liability insurance for services to be
performed pursuant to this contract against the malpractice of errors and
omissions of Engineer in the amount of $1,000,000 (One Million Dollars).
Engineer shall provide Owner with a certificate of insurance from an insurance
carrier authorized to do business in New York State evidencing that an insurance
policy of the aforesaid type is in force. Said certificate shall contain a ten (10) day
cancellation, assignment or change of afore described insurance policy, Engineer
shall also notify Owner of said cancellation, amendment or change.
5.3 Relationship and Status
5.3.1 Engineer’s Relationship - The relationship of the Engineer to Owner shall be
that of an independent Contractor.
5.3.2 Engineer’s Status - The Engineer in accordance with his status as an
independent Contractor covenants and agrees that he will conduct himself in
accordance with such status, that he will neither hold himself out as nor claim to
be an officer or employee of Owner by any reason thereof, and, that he will not
by reason thereof, make any claims, demands or application or for any right or
privilege applicable to an officer of employee for Owner, including, but not limited
to worker’s compensation coverage, unemployment insurance benefits, social
security coverage or retirement membership or credits.
5.4 Municipal Law
The Engineer agrees that Section 103A and 103B of the General Municipal Law relative
to installation of a contract by municipal corporation to testify and disqualification to
contract with municipal corporations are made part hereof as though herein fully set forth.
Dryden
2024 Agreement for Engineering Services
Page 5
5.5 Term
The Term of this Agreement shall be for a period of one year beginning on the
1st day of January 2024 and terminating on the 31st day of December 2024.
5.6 Compensation
The charges for engineering services will be on an hourly basis as outlined in
Part II of this Agreement, to be invoiced in $15,000 increments.
Agreement for Engineering Services
IN WITNESS WHEREOF, Owner and Engineer have executed this Agreement the day and year
first above written.
Hunt Engineers, Architects, Land Surveyors
& Landscape Architect D.P.C.
Airport Corporate Park, 100 Hunt Center
Horseheads, NY 14845
Dryden
93 East Main
Street Dryden,
NY 13053
Signature Signature
Ryan P. Garrison
Name Typed Name Typed
Director of Technology
Title Title
Attachment A: Tax Exempt Reprographic Fees
Attachment A: Tax Exempt Reprographic Fees