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HomeMy WebLinkAbout1974-07-09 385 July 9 . , 1974 Board Meeting • Minutes of the Town Board of the Town of Dryden commencing sat 7 : 40 p . m . on the 9th day of July , 1974 , at the Town Hall . Present : Supervisor McCord , Councilmen Gridley , Joubert , Webb and Cotterill . Meeting was called to order by Supervisor McCord . Members and guests participated in the Pledge of Allegiance to the Flag . Roll call was by the Town Clerk . Motion was made by Clm Gridley , seconded by Clm Joubert , that the Minutes of May 28 ( Special Meeting ) and Minutes of1. ,June 11 ( Public Hearing and Regular Monthly Board Meeting ) be approved as submitted . Carried . • COUNTY BRIEFING t County Rep Lee was present to report . Old Court House .: County Board has v voted to restore old Court House at a cost not to exceed $ 500 , 000 . They h ave committed $ 400 , 000 to the Clinton House and now $ 500 , 000 to the old court house so this proves that .. they are sensitive to historic preser- vation according to Lee . Boardman House : Expects to make an announcement tomorrow ( 7 / 10 ) re Town of Ithaca utilizing the Boardman House as a Town Hall . Probation Dept . : Director of Probation has departed for a better job in another part of the state . Industrial Development Agency : Have signed the bonds to build the Rothchild store . $ 200 , 000 draft has been funded for drainage and fire protection pond for Morse Chain . Hospital : Continuing to have difficulty in its cash flow . The rate of A/ R is up to 2 . 5 million . They have Used up the hospital enterprise fund and they h ad to borrow money to pay retirement fund , etc . They have a most generous retirement benefit and other fringe benefits . County Fair : July 30th will be the dedication of two new buildings . Peruville Road property : O ld Burns property now owned by the county is going to be cleaned up . It w ill cost about $ 1 , 000 to do this . TC3 : Suggested that the Town Board along w ith the Village Board should consider setting up a town and gown committe Bolton Point : Said the Board should check into theslegal ' possibilities re using federal revenue sharing money toward Bolton Point project . D iscussion : Clm Webb inquired as to the status of the traffic light at TC3 . ' Mr . Lee said he has heard nothing and suggested contacting Jack Shannon in this regard . Clm Webb spoke relative to the garbage trucks w sing Bone Plain Road and causing considerable damage to said road . Mr . Lee suggested that Highway Supt . Case talk to Bill Mobbs of the County Highway Dept . re possibility of road swapping . CITIZENS PRIVILEGE OF THE FLOOR Robert Dingier spoke relative to the status of a building permit for the Etna Community Assoc . He urged the Board to issue them a building permit for their community building . He contended that the airstrip is used by local people and usually just on weekends ' and that a time schedule could probably be arranged to stagger the • use of the field with the use of the community center . He stated that there would only be `two• or three times during the year when the building would be used in conflict with the airport use . He also contended that the proposed building does not fall w ithin the clear zone at the end of the airstrip . He said that the blear zone is a funnel shaped area rising off the groundsas it moves away from the end of the airstrip , passing over the proposed building by some 50 feet . Atty Amdur pointed out that the airstrip has never been approved by the town board which is required by state law ; but in order to close it w ould probably result in a court case . She further reported that she has been in touch with the state re legal advice . She opinioned that it is . in fact a definite hazard are ; though the . town zoning ' ordinance refers to " Airport Hazard Area " Sec . 1604 , it does not designate the area on the map . Mr . Crosby insisted that the airport should be closed down as it is illegal and not established by the approval of the town board . Discussion was had re taking this _ route . Atty Amdur said the Board will consider the question but no guarantee they will take this route . Supr McCord said they will check into the alternative routes before we get into the courts . Discussion was had on the liability of the town in the event of the issuance of the permit . County Rep Lee warned of the bigger aircraft from the Tompkins County Airport with the new landing tower . Clm Joubert expressed that they would want to build so close to this air- port . He said that is the most dangerous place that they could build a . 3Ey Rebotu.t.ton .112 ( Con ' t ) District # 6 Dryden Village Hall Districts # 7 & # 10 Dryden Town Hall District # 8 Bethel Grove Community Center District # 9 Ellis Hollow Community Center BE IT FURTHER RESOLVED , that the following Polling Places receive $ 35 . 00 each for the year for the use of their facilities : West Dryden Community Association Varna Community . Association Etna Community Association Bethel Grove Community Assoc . • Ellis Hollow Community Assoc . Dryden Central School 2nd Clm Cotterill Roll call vote - all voting YES RESOLUTION # 113 VOTING MACHINE SCHOOL Cim Gridley offered the following resolution and asked its adoption . RESOLVED , that this Board authorize John Morey to attend the Voting Machine School in Jamestown , lodging , mileage and meals to be re - imbursed by the town. 2nd Clm Cotterill Roll call vote - all . voting YES RESOLUTION # 114 ATTEND REGIONAL PUBLIC HEARING Clm Gridley offered the following resolution and asked its adoption . RESOLVED , that this Board grant permission to the Town Clerk and Sec - Bookkeeper to attend regional Public Hearing re State and Local Financing at Hornell June 27 and that mileage and meals be paid for by the town . 2nd Cim Cotterill Roll call vote - all voting YES •`1 RESOLUTION # 115 ADVERTISE FOR BIDS Clm Gridley offered the following resolution and asked its adoption . RESOLVED , that the : Highway Superintendent be authorized to advertise for bids for a used 10 -wheel truck not to exceed $ 2 , 500 . 00 . 2nd Clm Cotterill Roll call vote - all voting YES RESOLUTION # 116 DISABILITY INSURANCE COVERAGE Clm Cotterill offered the following resolution and asked its adoption . RESOLVED ; that this Board allow the Village of Dryden to join with the Town for Disability Insurance Coverage for their employees , paying their own share with the assurance that there will be no disadvantage to the Town in rating by this action . - and no liability incurred by the Town . 2nd Clm Gridley Carried RESOLUTION # 117 APPOINT TOWN PLANNER Clm Gridley offered the following resolution and asked its adoption . RESOLVED , that this Town Board appoint Marcus . Trumbo as part - time Town Planner at $ 5 . 00 per hour . 2nd Clm Cotterill Roll call vote - all voting YES RESOLUTION # 118 APPROVE HIGHWAY BILLS Clm Cotterill offered the following resolution and asked its adoption . RESOLVED , that the Highway Bills be paid as audited . 2nd Clm Joubert ' . ,t Roll call vote - all voting YES RESOLUTION # 119 GENERAL FUND BILLS Clm Gridley offered the following resolution and asked its adoption . RESOLVED , that the General Fund Bills be approved as audited . 2nd Clm Cotterill Roll call vote - all voting YES JUSTICE REPORT : Justice Newhart $ 3030 . 00 ; Justice Miller $ 715 . 00 FINANCIAL REPORT : . Highway Fund Receipts $ 18 , 582 . 52 ; Disbursements $ 24 , 899 . 25 General Fund Receipts $ 26 , 187 . 94 ; Disbursements $ 35 , 469 . 08 POLLING PLACE Letter from Martha • Ferger re complaints about the inadequacy of the polling place in the Dryden Village Hall . It is crowded , drafty , cold and most uncomfortable for the inspectors and the voters . She urged the Board to consider using some other place in the same neighborhood if possible . Mayor Watros said they could move upstairs but this would be a hardship for older folks . • Adjourned . 9 : 55 P . M .; Merton Webb. - Deputy Supervisor Rosemary Stelick - Town Clerk 386 - center where so many people would gather . He said he did not understand their reasoning for picking this site . They replied that there was no other site available that would be convenient ' to the community . Supr McCord appointed Cim Cotterill and Joubert to meet with the people of the community center and suggested that Mr . Turecek get his people together along with Mr . Keech and Mr . Lucente. and Attorney'. Amdur and have a meeting as soon as possible . It was decided to schedule it for Friday ( 7 / 12 ) at Houtz Hall at 7 : 30 pm . Harold Case spoke relative to repair of the sewer lines by the City . He is concerned about the size of the ' bill they will receive . He reported that they have been working on it for three days and from what he has ' seen there appears to be a lot of loafing on the job . Supr McCord replied that we have to go : on the faith that they will bill us for a fair job . COUNCILMAN PRIVILEGE OF THE FLOOR Cim Webb reported that Bill Bailey will meet with the Board in October re insurance . IICim Gridley said he had been ask about the status of Short Road and that n o official notice has been received . . Clm Cotterill - nothing Clm Joubert inquired about a building permit issued to Whitted Road resident . Attorney Amdur reported that he had a variance and received a building permit . ATTORNEY • Atty Amdur spoke relative to Short Road . She reported that there are two alternatives to this situation ; ( 1 ) variance or ( 2 ) buy him out . She explained that if there is an erroneous permit issued and the applicant h as spent considerable amount of money to improve that property and if the applicant was not aware that the road was not a town road at the time the permit was issued then he can apply for a variance . Clm Cotterill q uestioned that if it isn ' t a public road then someone ownes it and it could result in a lot of court battles . He spoke relative to stricter permits . Cim Joubert said a . variance hinges on whether he ( Russell ) thought that was a town road at the time he received a permit . Supr McCord opinioned 111 that it is not a town road and has been abandoned . Attorney Amdur will meet w ith Mr . Russell and explain the alternatives to him . Ringwood Court has been approved by the bonding attorney and has a bond 1 resolution . . RESOLUTION # 120 A RESOLUTION AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $ 23 , 000 SERIAL BONDS OF THE TOWN OF DRYDEN , TOMPKINS COUNTY , NEW YORK , TO PAY THE COST OF CONSTRUCTION OF CERTAIN TOWN HIGHWAY IMPROVEMENTS . Cim Gridley offered the following resolution and asked its adoption . WHEREAS , pursuant to proceedings heretofore taken under the provisions of Section 200 of the Town Law , and more particularly a resolution of this Town Board dated May 2 , 1974 ( Resolution No . 92 ) , it has been determined to be in the public interest to improve Ringwood Court , heretofore a private road in the Town of Dryden , Tompkins County , New York , which ✓ oad has been dedicated and accepted as a Town highway ; and WHEREAS , it is now desired to provide for the financing of the cost of said improvement ; NOW , THEREFORE , eBE IT RESOLVED , by the Town Board of the Town of Dryden , Tompkins County , New York , as follows : Section 1 . The specific object or purpose of the Town of Dryden , Tompkins County , New York , for which the serial bonds herein authorized are to be issued is . the construction of a Town highway known as Ringwood Court , formerly a private road in said Town , dedicated as a Town highway pursuant to the proceedings referred to in the preambles hereof , together w ith necessary drainage , landscaping , grading and appurtenances . Section 2 . The maximum estimated cost of the aforesaid specific object or purpose is $ 23 , 000 and the plan for the financing thereof is by the issuance of $ 23 , 000 serial bonds of said Town , hereby authorized to be issued pursuant to the Local Finance Law . Section 3 . It is hereby determined that the period of probable use - fulness of the aforesaid specific object or purpose , is ten years , pursuant to subdivision 20 ( b ) of paragraph a of Section 11 . 00 of the Local Finance Law . It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years . 387 Section 4 . The faith and credit of said Town of Dryden , ' Tompkins County , New York , are hereby irrevocably pledged to the payment of the . principal of and interest on such bonds as the same respectively become due and payable . There shall be annually apportioned and assessed upon the several lots and parcels of land which the Town Board shall determine and specify to be especially benefited by the improvement , an amount sufficient to pay the principal and interest on said bonds as the same become due , but if not paid from such source , all the taxable real pro- perty in said Town shall be subject to the levy of ad valorem taxes with - out limitation as to rate or• amount sufficient to pay the principal of and interest on said bonds as the same shall become due . lit Section 5 . Subject to the provisions of the Local Finance Law , the power to authorize the issuance of and • to sell bond anticipation n otes in anticipation of the issuance . and sale of the serial 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 . 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 is commenced within twenty days after the date of publication , or 3 ) Such obligations are authorized in violation of the provisions of the Constitution . Section 7 . This resolution , which takes effect immediately , shall be published in full in Dryden Rural News , the official newspaper , together with a notice of the Town Clerk in substantially the form pro - ✓ ided in Section 81 . 00 of the Local Finance Law . 2nd Clm Cotterill 4 Roll call vote - all voting as follows : Cim Gridley voting Aye Clm Cotterill voting Aye Clm Joubert voting Aye Clm Webb voting - Aye Supervisor McCord voting Aye Attorney Amdur read a letter from Mr . • Ceracche re cable service to Sunnyslope Road area in which he promised to install the cable in October of 1974 . Sign Ordinance : Discussion was had on changes in the wording of said proposed ordinance . Consensus of the Board was stipulation of relocation of boards within 1000 feet . It was decided to schedule a public hearing for July 30th at 7 : 30 at Town Hall . Cable Service : Clm Cotterill spoke relative to cable service by Cortland Video on South Knoll Road . He said it is on Route 38 - and on the upper e nd of Crystal Drive and he can not see why these people can ' t have service . Attorney Amdur will check into this . Clerk Stelick noted that she had written a letter to Cortland Video regarding their proposed intention to install service in that areasometime in the spring of 1974 . TOWN CLERK : Nothing to report this month . ZONING OFFICER : Issued 30 building permits for the period . ZBA heard one case and denied it . He has a hearing he will schedule for the 30th . He ✓ eported that he checked into the junk at the house on Dryden Road and it is all on the porch . Supr McCord told him to report this information to Mrs . Graham as she had made inquiry about this situation . . PLANNING BOARD : Barbara Caldwell reported that Mark Trumbo , planning assistant , has been accumulating a lot of records and filing them . They expect to make a report on flood zoning next month . Letter of resignation has been ✓ eceived from Harold Roberts . She has some /names and will soon make a recommendation for replacement . They approved the Botherton ' plans with the stipulation \ on plantings and recreation . area . 388 CORRESPONDENCE Letter from Robert Russell re request for a reduced speed limit on West Dryden Road in the Sheldon Road area . Supervisor McCord reported that he has written to Howard Stevenson that the Town Board concurres and requested him to pursue it . RESOLUTION # 121 HIGHWAY BILLS Clm Joubert offered the following resolution and asked its adoption . RESOLVED , that the Highway Bills be paid as audited . 2nd Clm Cotterill Roll call vote - all voting YES gill RESOLUTION # 122 GENERAL BILLS Clm Gridley offered the following resolution and asked its adoption . 11111RESOLVED , that the General Bills be paid as audited . 2nd Clm Webb Roll call vote - all voting YES FINANCIAL REPORT Highway Fund : Receipts $ 44 , 957 . 83 - Disbursements $ 41 , 749 . 64 1 General Fund : Receipts $ 22 , 344 . 58 - Disbursements $ 31 , 592 . 68 JUSTICE REPORT : None RESOLUTION # 123 TRANSFER FEDERAL REVENUE MONEY Cim Gridley offered the following resolution and asked its adoption . RESOLVED , that the Supervisor be and hereby is authorized to transfer $ 50 , 000 from Federal Revenue account to the Capital account for the purpose for paying for building construction . 2nd Clm Joubert Roll call vote - all _ voting YES RESOLUTION # 124 TRANSFER FEDERAL REVENUE MONEY Clm Gridley offered the following resolution and asked its adoption . RESOLVED , that the Supervisor be authorized to transfer $ 25 , 000 of the Federal Revenue Sharing money for recreation improvements allocated to each of the 5 centers of the Town for purposesiof developing and expanding their recreational facilities ; and transfer $ 30 , 000 to Highway Account Item # 1 for maintenance of roads . . gill2nd Clm Joubert Roll call vote - all voting YES RESOLUTION #125 TRANSFER FUNDS - JUSTICE PilliClm Gridley offered the following resolution and asked its adoption . RESOLVED , that the Supervisor be and hereby is authorized to transfer $ 1 , 500 to the Justice Account from Contigent . 2nd Cim Joubert Roll call vote : Clm Gridley - Yes Clm Joubert - Yes t Clm Cotterill - No Clm Webb . - Yes Supr . McCord - Yes Carried . Resolution # 126 TOWN HIGHWAY IMPROVEMENT PLAN Clm Gridley offered the following resolution and asked its adoption . RESOLVED , that the plan prepared at the request of this Board for the improvement of town highways and covering all projects contemplated by it , pursuant to Article 8 - A Highway Law , as filed in the office of the Town Clerk of the Town of Dryden , County of Tompkins , on the 9th day of July , 1974 , be and the same is hereby adopted , and be it further RESOLVED , that copies of such plan be filed in the appropriate State and County offices in accordance with the provisions of Section 220 , Article 8 - A Highway Law . 2nd Cim Cotterill Carried Oil 0 RESOLUTION # 127 ACCEPT BID Clm Gridley offered the following resolution and asked its adoption . RESOLVED , that the . Town . Board accept the bid from Richard Watts for a used 1964 Brockway Tandem Drive Truck in the amount of $ 2 , 475 . 00 and the High - way Superintendent be authorized to make the necessary transaction . 2nd Clm Webb Roll call vote - all voting YES 389 HUMAN SERVICES Edward Witko spoke relative to plans to coordinate the human services in the county . Presently there are some 60 agencies going ` on their own and completely uncoordinated and all offering basically the same services . Their plan would coordinate health , welfare , education and recreation in the county with a proposed budget of $ 36 , 00 - $ 40 , 000 . HIGHWAY SUPERINTENDENT Highway Supt Case arrived. and Cim Webb reported to him that he had talked to Gary Lee re Bone Plain Road condition . Mr . Case said he would talky to Mr . Mobbs of the County Highway Dept . re exchanging roads . SCHUTT ROAD & W . LAKE ROAD Jerome . Schutt. appeared before the board to request that the condition of Schutt Road and - West Lake Road be looked into and improved by the high - way department . He complained of the bad shoulders and said it was dangerous . Supr . McCord said the Board has just authorized $ 30 , 000 for roads . RESOLUTION # 128 ADJOURN DAY TO DAY Clm Joubert offered the following resolution and asked its adoption . RESOLVED , that this Board adjourn from day to day in the event that an emergency meeting be called relating to land acquisition for the inter- municipal water ' supply at Bolton Point . 2nd Clm Cotterill Carried . 9 : 45 P . M . . Charles G . McCord - Supervisor . Rosemary Stelick - Town Clerk _ 1 0. 9 . f; ' 1 \ f !/// ARTICLE XV : Signs Section 1502 11 . Setbacks at intersections : Any outdoor advertising billboard , as defined in Appendix A , except those attached to a building , hereinafter erected on an intersecting road at any intersection shall be located no closer than 300 feet from the intersecting road right of way line . Any such billboard which has been in existence prior to the effective date of this amendment and which does not conform to the aforesaid setback requirement , shall be removed within six months from the effective date hereof , unless within such period such billboard has been moved . and relocated at a site no more than 1000 feet from the original site which will comply with the setback requirements . 12 . Maintenance of outdoor advertising Billboards : All out - door advertising billboards as defined in Appendix A , whether new or existing , must be kept clean , neatly painted , and free from all hazards , including , but not limited to , holes in such billboard , faulty wiring , loose fastenings or standards , and the billboard must be kept in good repair and shall not be dangerous to the public health or safety . If the Zoning Officer shall find that any such billboard violates this or any of the foregoing provisions , he shall give written notice of such violation , and the billboard shall be removed or corrected within a period of not less than 30 days of such notice , unless a longer period is allowable under the other provisions hereof . 13 . In the event that the owner of the outdoor advertising billboard , as defined in Appendix A , or the owner of the land on which it is situated shall fail and refuse to remove , repair or relocate such billboard within the required period , the Zoning Officer may remove , repair or relocate the said sign or billboard . All costs and expenses incurred in the removal , repair or reloca- tion of such billboard shall be collected either from the owner of the land or the owner of the sign in any action at law after J a written demand of at least 5 days served on either owner or such costs and expenses shall be assessed against the owner of the 6 ` land upon which billboard is erected and shall be paid and col - lected as part of the Town & County Tax next due and payable , but no such amount shall be so assessed and collected unless a notice in writing of the amount due has been delivered personally or mailed to the owner of the land on which the billboard is erected prior to the first day of September of the year in which the amount _ is first levied and assessed for collection along with the general Town Tax . adopted : 7 / 30 / 74 published 8 / 7 / 74 effective 8/ 17 / 74 f� i - i1 390 July 30 , 1974 PUBLIC HEARING Public Hearing was called to order by Deputy Supr Webb at 7 : 38 p . m . at Town Hall on July 30 , 1974 . Present : Deputy Supr Webb , Clm Gridley , Cim Cotterill and Clm Joubert , Attorney Amdur and Z . O . Stewart . Absent : Supervisor McCord . Purpose of the hearing was the consideration of a proposed amendment to the zoning ordinance re signs , Article XV , Sec . 1502 , Par . 11 , 12 & 13 . Copies of the proposed amendment was made available . The floor was opened for comments and/or questions . Robert Williamson , representing Park Display , inquired as to what changes had been made since the last presentation . It was noted that wording was changed to make it apply solely to billboards and not on premise signs relating to a business in operation . Also the other change was that billboard could be relocated no farther than 1000 feet from the original location . Gretchen Sache did not think it goes far enough and still supported 1 a phasing out ordinance . Selma Nielson felt billboards were a detriment to businesses . She stated that she would like to see the size of the sign restricted . Ellen Bonn supported Mrs . Sache statement . Deputy Supr Webb briefed the people of the hassel on the Town Board and they have never been able to get a majority for a stronger amendment . Three members felt signs should not be ruled out completely . Clm Gridley reported that he received a letter from King Edward stating that they must remove signs statewide . He has removed his sign . He said he is puzzled and wonders what the connection ? He asked how does this affect the sign business ? No one appeared to have any answers in this regard . Public hearing was closed for any further statements from the public . The Board chose to make a decision . RESOLUTION # 129 ADOPT SIGN AMENDMENT Cim Cotterill offered the following amendment and asked its adoption . RESOLVED , that this Board adopt this amendment re Signs and incorporate ' it in the present town Zoning Ordinance . 2nd Cim Joubert Roll call vote - all voting YES Clm Webb voted yes with the idea that this is the best we could get at this time . Cim Cotterill felt that the Zoning Officer should notify sign and /or land owners of the new amendment as they have but six months to comply . Adjourned 7 : 53 p . m . July 30 , 1974 PUBLIC HEARING Public Hearing Called to Order by Deputy Supr Webb . at 7 : 55 p . m . Present : Deputy Supr Webb , Clm Gridley , Cotterill & Joubert . Absent : Supr McCord . Purpose of the Hearing was to consider the application of Mrs . Genave Sopp to extend her business at 115 North Street , Dryden , N . Y . Mrs . Sopp said the extension of the building will be 25 feet to the south and 30 feet to the west . It will then be a year around operation . It was noted that the required setback is 90 feet and the present building sets back 75 feet as will the addition . Clyde Cotterill representing Dryden Enterprise Corp . said they have no objection to Mrs . Sopp ' s proposal . Being no other questions or comments the hearing was closed for public discussion . RESOLUTION # 130 GRANT SPECIAL PERMIT Clm Gridley offered the following resolution and asked its adoption . RESOLVED , that this Board grant the Special Permit to Genave Sopp to xtte t e ui ddiing at 115 North Street by an addit °arr ? ax30 ' . � nd � m �ot � er � ll Adjourned 8 : 05 pm Merton Webb - Deputy Supervisor Rosemary Stelick - Town Clerk 1 11 384 ( a ) July 2 , 1974 SPECIAL MEETING Special meeting of the Town of Dryden Town Board . Board members present ? McCord ; Webb , Gridley and Cotterill . Re : Keith Lanphear application dated March 12 , 1974 , for two one - bedroom apartments at 2028 Dryden Rd . RESOLUTION . Motion made by McCord and seconded by Cotterill that Lanphear be granted a permit for one ( 1 ) one - bedroom apartment and one professional office with the condition that the remaining ground around his building be graded and seeded within ninety days of date that permit was issued . Submitted by Sibley Stewart Acting Recording Secretary ( NOTE : This information handed to Town Clerk by Stewart 8 / 13 / 74 . ) • • • •