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HomeMy WebLinkAbout1973-11-13 I I yj II I i I I ,S : u 11. I . • : I 3JL / TOWN . BOARD MEETING November 13 , 1973 Minutes of the Town Board of the Town of Dryden commencing at 7 : 40 P . M . at the Town Hall . Present : Supervisor McCord , Councilmen Gridley , Webb , and Tarr . . Councilman Cotterill arrived 7 : 50 P . M . Also present : Attorney Amdur , Highway Superintendent Case . and Zoning Officer Stewart . Supervisor McCord called the meeting to order and led the members and • guests in the Pledge of Allegiance to the Flag . . , There being no additions , corrections or alterations of the Minutes of O ctober 9 and October 23 , the following motion was made . Motion was made by Councilman= Gridley , seconded by Councilman Tarr , that . the Minutes of October 9 ( Regular Board Meeting ) and the Minutes of O ctober 23 ( Public Hearing ) be approved as submitted . Carried COUNTY BRIEFING : Mrs . Schickel was unable to appear at the Board Meeting , but she reported the following to the Town Clerk : Hospital Construction Committee was formed by a 10 - 6 vote . To be appointed 5 or 7 member board . Some representatives felt it was premature . Meeting November 19 at 10 A . M . regarding the hospital . Public Hearing re county budget will be held on the 19th at 7 : 30 P . M . Going to advertise for bids for remodeling the County Building " C " . Estimated cost $ 170 , 000 . Tompkins Cortland Community College construction is about 70 % complete . Considering moving children . . division . of social services to the fourth floor of Montgomery Ward building . E stimated cost will be $ 4 . 00 per square foot . Comprehensive planning for the county to be undertaken . Funds are in the budget and plan to use present planning people . Funds will be matched by the federal and state for the first year . CITIZENS PRIVILEGE OF THE FLOOR Paul Whitted came before the Board once again to request that the Board make a decision regarding the status of Whitted Road . He concluded that h e has established that it was a road . He claimed that it does not meet the tests of abandonment as there is no record of abandonment in the town minutes . He further maintained that it has not been abandoned by disuse as (AitiLlthis road has been used over the years . Mr . Farrell , resident of that area since 1956 , supported Mr . Whittedsclaim . Attorney Amdur reported that the road has not been maintained by the townrfor a period of years , it is n ot designated on the official town map , the town does not receive any state aid and it is not used for vehicular traffic . She read a resolution adopted by the Town Board February 18 , 1964 . entitled " Inventory of Town H ighways " . The map with regard to the said resolutionrlistsWhitted Road portion off Snyder Hill Road as 0 . 37 of a mile . This being , the only portion of Whitted Road maintained as a town road . Mr . Whitted claimed that the road is used . Most vehicles that use it are farm tractors . Mr . Farrell maintained that it would be an asset to the town to open this ✓ oad . Councilman Cotterill inquired of Mr . Whitted what assurance did h e get that it was . a town road . Mr . Whitted said he did not check the o fficial town map . ` Mr . Joubert of Snyder Hill Road opinioned that the Board should look at the road and determine use and legally abandon that portion and open that portion that is a town road . Attorney Amdur reported that she and Highway Superintendent did look at the road and found it tobvergrown with . trees and a barn built in the right - of-way . Mr . Whitted d emanded that the board take action and resolve the matter once and for all . Supervisor McCord reported that he objectively examined all the evidence and he determined that portion of Whitted Road is not a town road . Super - visor McCord offered the following resolution . , . RESOLUTION # 153 STATUS OF WHITTED ROAD Supervisor McCord offered the following resolution and asked its adoption . RESOLVED , that the portion of Whitted Road from Route 79 north to the ✓ ailroad embankment is not a town road since 1964 to the present . 2nd Councilman Gridley Roll call vote : Councilman Cotterill - NO Councilman Gridley - YES Councilman Tarr - NO Councilman Webb - YES Supervisor McCord - YES 3aa Councilman Cotterill remarked that this will have to be the policy of the ✓ emaining roads in question in the future . He also commented that he and h is wife spent an hour looking for that road and never did find it . Peter Levatich was present and spoke relative to zoning enforcement . . He said there is a missing link in . the enforcement . A zoning violation is treated as a misdemeanor . The violator is entitled to a jury trial and the town has to have a prosecutor . Discussion was had on District Attorney Sullivan ' s decision to refuse to prosecute actions in the Town of Dryden . It was noted that Mr . Sullivan is full time , one full - time assistant and two part - time , assistants and that the City of . Ithaca has their own - prose - cutor . It was decided to write a letter to Mr . Sullivan with copies to the county representatives and other towns . Attorney Amdur was so instruct e d to do this . She said she would also check into - alternatives for prosecution . D iscussion was had on handling some cases on a civil basis . The Board instructed Attorney Amdur to go on a civil basis on the trailer violation . RESOLUTION # 154 PROSECUTE ZONING VIOLATIONS Councilman Cotterill offered the following resolution and asked its adopti RESOLVED , that we , take action wherever we have a right to in order to ' prosecute zoning violations . . 2nd Councilman Gridley Carried • H arold Case spoke relative to fire protection for homes that are not built on approved roads and the difficulty in getting to ' thefire if the ✓ oad is not cleared of snow , etc . Councilman Cotterill said that it will be the responsibility of the property owner or owners of the road to keep the road clear much as in the manner of a private drive . Harold Case in - quired as to whether they can get a snowplow in extreme emergency . High - w ay Superintendent Richard Case said yes , just call . He offered to give Mr . Case other numbers he, could call . He said the town barn should be called first as it is manned 24 hours . COUNCILMAN PRIVILEGE OF THE FLOOR Councilman Cotterill inquired as to what has become of the " sign ordinance " by the sign committee . There appeared to be some confusion as to who was serving on the committee with Clm . Webb . Clerk Stelick was instructed to check and see who was appointed on said committee and let them know . The committee , is expected to make a report at the next board meeting . ATTORNEY Attorney Amdur spoke relative to Ringwood Court petition . Map from Don McKee has been received and Highway Supt . ' Case is checking it . The esti - mate is over the maximum amount of the petition and may have to go to another hearing . Attorney Amdur reported that Varna sewer extension residents have gone to T . G . Miller and discussing costs and might be ready by next week . Attorney Amdur reported that three road5in the. Yellow Barn S ubdivision were ready for approval . . RESOLUTION # 155 ACCEPT ROADS - EXT . OF SPRING RUN RD . EXT . OF FOOT HILL RD . . THRESHER PLACE Councilman Cotterill offered the following resolution and asked its adoptio RESOLVED , that this Board accept the following as town roadsas approved by Highway Supt . Case and Attorney Amdur : Extension of Spring Run Road , Extension of Foot Hill Road and Thresher Place . 2nd Councilman Gridley Carried TOWN CLERK Clerk Stelick reported that the following people were used in emergency as substitute election inspectors and requested that the board appoint them : Evelyn Cook , Republican ; Joyce Gerbasi , Republican ; Pearl Melberg , Rosalie Finnerty and Esther O ' Neil , Democratic . . RESOLUTION # 156 APPOINT SUBSTITUTE ELECTION INSPECTORS Councilman Gridley offered the following resolution and asked its adoption . RESOLVED , that this Board appoint the following as substitute election inspectors at the rate of $ 2 . 00 per hour : Republican Democratic Evelyn Cook Pearl Melberg Joyce Gerbasi Rosalie Finnerty Esther O ' Neil 2nd Councilman Webb Carried 1 111, 5 I1 ; , i ' i '. I _I � . . I l � . 111i ind,d1 .I udi .. . 323 Clerk Stelick reported that Mrs . Boothroyd and Mrs . Fellows , Commissioners of Elections , suggested that the Board be informed of the election machine foul - up could cost us a lot of money if it was contested . Mr . Morey has been the Democratic election custodian for many years and he should have known to pull the necessary pin according to Mrs . Boothroyd . She also n oted that he is not qualified due to the fact that he has never attended a voting machine school . Mrs . Boothroyd recommended that the Board consider appointing someone else next year . Clerk Stelick reported that Mr . Morey ✓ efused to attend the school this year claiming that he knew all there was to know in order • to set up the elections . Clerk Stelick reported that when h e worked under:: Charlie Downey he always had Charlie ' s skill and mind to h elp him out . Mr . Morey is on his own now and it is hard for him to recall much due to a war injury to his head . Clerk Stelick opinioned that she is of the opinion of the Election Commissioners in that Mr . Morey is not competent for the job . • . ZONING OFFICER . Zoning Enforcement Officer Stewart . reported that he had issued 21 ' building permits for the past period . The ZBA heard four cases and granted all variances . Supervisor McCord inquired of the Zoning Officer the status of Krantz trailers . Mr . Stewart reported that Mr . Krantz claimed to be paying taxes for two trailers . After checking with the Assessment Department it was found that he has been taxed on just one trailer . The Board of Health h as not granted approval and he was advised to wait for a letter from the Health Department before pursuing it . Supervisor McCord instructed Mr . Stewart to pursue it as a violation . H IGHWAY SUPERINTENDENT Highway Superintendent had no report . CORRESPONDENCE Mailogram from Governor Rockefeller requesting that the town highways be posted at 50 mph re gas crisis . County• Sewer Agency meeting November 14th at 3 : 30 P . M . in the Board of Representatives chambers . . One item will be the overview of the feasibility study for a sewerage system for the Village of Freeville . Memo from Frank iguori . - • etter from Jack L . Miller , Village of Freeville Justice , placed his name before the Town Board as a. possible candidate for Town Justice should a vacancy occur . . - Town ' s share for the Football Program in 1972 was $ 580 : 00 from . Cullen Assoc . It was not necessary to submit for bids at this amount . Ltr . from To . Co . Mental Health re Alcoholism Task Force . Councilman Cotterili reported that he took the liberty to have the town board meetings placed on the Kiwanis calendar at a cost of $ 4 . 00 . RESOLUTION # 157 HIGHWAY FUND BILLS Councilman Gridley offered the following resolution and - asked its adoption . RESOLVED , that the Highway Fund Bills be paid as audited . 2nd Councilman Cotterili Roll call vote - all voting YES RESOLUTION # 158 GENERAL FUND BILLS Councilman Tarr offered the following resolution and asked its adoption . IIIESOLVED , that the General Fund Bills be paid as audited . Roll Councilman Webb Roll call vote - all voting YES JUSTICE REPORT Justice Hoagland $ 1 , 507 . 50 Justice Newhart $ 1 , 565 . 00 FINANCIAL REPORT ighway Fund : + Receipts $ 20 , 900 . 00 ; - Dish . 21 , 584 . 84 ; + Redeem 134 , 512 . 95 ; + - Investment 135 , 600 . 00 = Bal . $ 6 , 325 . 39 G eneral Fund : + Receipts $ 1 , 423 . 99 ; - Disb . $ 26 , 116 . 61 ; Redeem $ 126 , 784 . 24 ; - Investment 106 , 400 . 00 = Bal . $ 3 , 861 . 78 RESOLUTION # 159 ASSOCIATION OF TOWNS Councilman Gridley offered the following resolution and asked its adoption . RESOLVED , that all Town Officials may go to the Association of Towns meeting in New York City , February 4th , 5th and 6th , 1974 , and be it FURTHER RESOLVED , that the expenses of all elected and appointed officials o f the Town of Dryden be paid from the General Fund . 2nd Councilman Cotterill Carried 324 RESOLUTION # 160 CREATE POSITIONS - HIGHWAY Councilman Gridley offered the following resolution and asked its adoption . RESOLVED , that the Highway Superintendent be authorized to create seven ( 7 ) positions of motor equipment operator for Civil Service purposes . 2nd Councilman Cotterill Carried RESOLUTION # 161 ADVERTISE FOR BIDS - TRUCK W/ SNOWPLOW Councilman Tarr offered the following resolution and asked its adoption . RESOLVED , . that the Highway Superintendent be authorized to advertise . for bids for a new - ten wheel truck with snow plow equipment . 2nd Councilman Gridley Carried One bid was received for a 3 -wheel roller from State Equipment Corp . in the amount of $ 5 , 741 . 80 . RESOLUTION • # 162 AWARD BID - 3 - WHEEL ROLLER Councilman Gridley offered the following resolution4nd asked its adoption . RESOLVED , that the Highway Superintendent be empowered to negotiate the purchase of a used Galion three wheel roller for the bid price of $ 5 , 741 . 80 from State Equipment Corporation . 2nd Councilman Gridley Roll call - vote - all voting YES O LD BUSINESS 4 . D iscussion was had regarding the cost of legal notice for a public hearing . It is costing more than the $ 10 . 00 fee the town charges . Mr . Levatich spoke of covering manpower expenses . The Board is to think about it and discuss it next month and consider charging for building permits . It was requested that the board members get their statement • re charging for permits and special permits to the Town Clerk and it will be relayed to the Supervisor . It was noted that the PUD hearing will be forthcoming . Meeting scheduled Monday ( Nov . 19 ) at noon with board members and Mr . L evatich to go over building plans for town hall . Meeting Announcement . . N ovember 19 at 8 P . M . . in the Town Hall - Public Hearing re Fire Contracts . D iscussion was had relative to the fire contracts . Supervisor McCord said he would like . to see a yearly cash operating budget and perhaps invest their money with the town ' s as we could get a higher rate of interest : Councilman Cotterill opposed this procedure and he stated he is just interested in buying fire protection and not interested in telling a fire company that we can handle their money . He further questioned if it was legal . Supervisor McCord said we should know where the money is going and will have better control . Jack Brookhouse reported that they had been d iscussing using a point system . He noted that the Village of Freeville pays 2 . 45 for fire protection and the town pays 864 . Harold Case said that the fire companies are taking on more protection all the time and updating equipment . . Adjourned 10 : 30 P . M . Charles G . McCord - Supervisor • • Rosemary Stelick - Town Clerk I ' 1 ' I I I , li il i ill I ' I : 325 PUBLIC HEARING . 11 / 19 /73 Public Hearing was called to order by Deputy Supervisor Gridley at 8 P . M . Present : Deputy Supervisor Gridley , Councilmen Tarr , and Webb . Councilman Cotterill arrived 8 : 03 P . M . Also present approximately 25 firemen .. Absent : Supervisor McCord . Notice of public hearing was read by the Town Clerk . Questions with regard to item 3 in the notice . It states in part that the " district " shall be responsible for loss or damage to its fire apparatus . Councilman Webb and Cotterill stressed clearing upthis matter and instructed the Town Clerk to check with the Attorney and let each district know what # 3 means . . . Councilman Cotterill was quite strong in his opinion that the public be notified that the increase in taxes is the result of increased costs for fire protection . IConsiderable discussion was had on the needs and costs of a fire company . Paul Gates stated that most of the firemen are property taxpayers and they are not going to push up the expenditures unnecessarily as their concern is for the safety and security of the townspeople . Martha . Ferger spoke on behalf of the firemen stating that people owe a debt of gratitude to the volunteer fire companies and did not feel that they should have to have fund raising projects . The following is the amounts requested by the fire companies and advertised in the notice of public hearing : Varna Volunteer Fire Co . $ 13 , 000 . 00 N eptune Hose Co . • 18 , 000 . 00 W . B . Strong of Freeville 10 , 000 . 00 Etna Volunteer Fire Co . 3 , 000 . 00 McLean Fire Co . 2 , 480 . 00 Brooktondale Fire District 2 , 000 . 00 Contracts would be for one year . The tax rate would be 1 . 33 per thousand . The 1973 rate was 86 * per thousand . . Public Hearing closed 8 : 32 P . M . SPECIAL MEETING D eputy Supervisor Gridley called the Special Meeting to order for the purpose of town business at 8 : 35 P . M . D iscussion was had on the fire contracts . RESOLUTION # 163 FIRE CONTRACT Councilman Webb offered the following resolution and asked its adoption . RESOLVED , that this Board authorize the Town Attorney - to prepare the contracts as presented at the Public Hearing of November 19 , 1973 , and be it FURTHER RESOLVED , that prior to the signing of these contracts , the problem of item # 3 be cleared . 2nd Councilman Tarr Carried Roll call vote - all voting YES ' RESOLUTION # 164 AMENDMENT - FIRE CONTRACT Councilman Cotterill offered the following resolution and asked its adoption . RESOLVED , that the fire contracts represents the maximum cost to the Town of Dryden for fire protection incorporating any cost of insurance to the town . 2nd Councilman Tarr Roll call vote - all voting YES 0 326 RESOLUTION # 165 ADOPT ANNUAL BUDGET Councilman Tarr offered the following resolution and asked its adoption . WHEREAS , this Town Board has met at the time and place specified in the notice of public hearing on the preliminary budget and heard all persons desiring to be heard thereon , now , therefore , be it RESOLVED , that this Town Board does hereby adopt such preliminary budget , with the fire contracts as voted on as included at a public hearing 11 / 19 / 73 , as the annual budget for this Town for the fiscal year beginning on the 1st day of January 1974 , and that such budget as so adopted be entered in detail in the minutes of the proceedings of this Town Board , and be it . FURTHER . RESOLVED , that the Town Clerk of this Town shall prepare and •certify in duplicate copies of said annual budget as adopted by this Town Board together with the estimated if any , adopted pursuant to Section 202a of the Town Law and deliver one copy thereof to the Supervisor of this Town to be presented by him to the Board of Representatives of this county . 2nd Councilman Webb Roll call vote - all voting YES RESOLUTION # 166 ADOPT ASSESSMENT ROLLS Councilman Cotterill offered the following resolution and asked its adoption . WHEREAS , this Town Board has met at the time and place specified in the notice of public hearing in the preparation of. the Assessment Rolls of parcels of land included in the Water # 1 and Sewer # 1 and # 2 to base the cost chargeable to said districts in connection with the construction of the water and sewer systems which benefits and improves said districts and heard all persons desiring to be heard thereon , now therefore, be it RESOLVED , that this Board does hereby adopt said assessment rolls for this town for the fiscal year beginning on the first day Of January 1974 . 2nd Councilman Webb Roll call vote - all voting YES RESOLUTION # 167 ACCEPT HANFORD DRIVE Councilman Cotterill offered the following resolution and asked its adoption . RESOLVED , that • this Board accept Hanford Drive as a town road as accepted by the town attorney and town highway superintendent . 2nd Councilman Tarr Carried Special Meeting adjourned 9 : 00 P . M . Lewis Gridley - Deputy Supervisor Rosemary Stelick - Town Clerk