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HomeMy WebLinkAbout1975-08-12 Abe- TOWN BOARD MEETING August 12 , 1975 Minutes of the Regular Montly Board Meeting of the Town Board of the Town o f Dryden held at Varna Community Center in the Hamlet of Varna , on the 12th day of August , 1975 , commencing at 7 : 30 P . M . Present : Supervisor Charles G . McCord Councilman Lewis Gridley Councilman Clinton Cotterill Councilman John J . Joubert Attorney Helen Amdur Zoning Officer Sibley Stewart Highway Superintendent Richard Case County Representative James Kidney Gary A . Lee , Assembleyman Representatives of the McLean Fire Co . Jack Miller , County Fire Coordinator III Several citizens of the town Rural News reporter Absent : Councilman Merton Webb PUBLIC HEARING - ZONING AMENDMENT Public Hearing called to order by Supervisor McCord at 7 : 30 P . M . Purpose o f the Hearing was the consideration of changing Section 4 . 01 of the Mobile Home Park Ordinance to require a non - refundable filing fee of $ 25 . 00 in lieu of the $ 10 . 00 now required when filing the preliminary application for a special permit with the Zoning Officer . Supervisor McCord explained to those present that this change was inadvertently o mmitted when the Board made fee changes about 4 months ago . No one appeared for . or against the proposed change . Hearing was declared closed by Supervisor McCord The Board chose to take action in the following manner . RESOLUTION # 118 ADOPT ZONING AMENDMENT IIClm Joubert offered the following amendment and asked its adoption . RESOLVED , that this Town Board amend the zoning ordinance of the Town of Dryden , as follows : Section 4 . 01 of the Mobile Home Park Ordinance to require a non - refundable filing fee of $ 25 . 00 when filing the preliminary appli - cation for a special permit with the Zoning Officer . 2nd Clm Gridley Carried . TOWN BOARD MEETING 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 the July 15th Regular Monthly Board Meeting be approved as presented . Carried . COUNTY BRIEFING County Representative Kidney reported that a Nutrition for the Elderly Program was adopted by the Board ; $ 8 , 927 . 77 cost to the county . Tompkins County Airport has been upgraded from Class A to Class B and requirements "' for equipment has to meet standards by the FAA according to Kidney . Kidney also reported that the Airport Manager job description . will be coming out shortly . Kidney read the resolution re : ambulance contract with the county . Kidney reported that they plan to get Dr . Safadi to the next health committee meeting . The biochemist classification has not been acted on yet according to Kidney . Spoke relative to the defeat of the formation of a Feminist Art Work Shop . Kidney favored this proposal as $ 1 , 400 would have come back from the state . Said proposal lost by one vote according to Kidney . In answer to Clm Gridley inquiry regarding Boardman House - Kidney commented that it is either going to come down by board action or fall down by neglect . Brad Perkins of Perkins Ambulance Service spoke relative to the Medical Examiner . He commented that their fee usually is around $ 30 . 00 and could go up to $ 50 . 00 if they are held up for an unusual length of time . Perkins said the ambulances have to do as the medical examiner directs . It was noted that the medical examiner has control over the sheriff in accidental death cases . 46 COUNTY FIRE COORDINATOR John ( Jack ) Miller was present to report the dispatching procedures with . ✓ egard to ambulances . Miller commented that they were meeting with the ambulances the same night that the board was questioning dispatching methods : Miller displayed a map of the county detailing the geographical areas served by each service . Miller explained that basically the services are . , dispatched according to town boundries , with some overlapping between the city services and other ambulances in certain areas . Miller reported that some of the confusion that has plagued the issue has hopefully been ✓ esolved by an agreement with his office and the ambulance services oper - ating in the county . MC LEAN FIRE DISTRICT PROPOSAL Jack Miller and George Totman representing the McLean Fire Company spoke in favor of creating a fire district for McLean , rather than the fire protection district that is there now . They denied that there was any financial problems . They claimed that they have purchased two new trucks and half of the $ 80 , 000 debt has been retired in less than a year . Their 411 main reason was to get away from so many fund raising activities that have become a full - time operation for the firemen . They also maintained that in a fire district the people would be able to vote on spending for a n ew truck and new building , etc ;$.fire commissioners would be elected in that area , not town wide . Supr McCord questioned how much control those few would have . Supr McCord maintained that they will be reducing the tax base and will result in higher rates . McCord said we are looking at w here we can buy the best fire protection for the town . Supr McCord directed the firemen to submit petitions indicating that the residents o f the proposed district are in favor of the creation of a fire district . CITIZENS PRIVILEGE OF THE FLOOR Gary Lee spoke relative to people dumping garbage and junk on the lot leased from Cornell . He said Cornell has agreed to grade it off and ✓ equested that the Highway Superintendent build a fence and put up no dumping signs . Lee spoke relative to the Roberts property at at 944 Dryden Road and the loss of his property along the creek . Lee claimed that the back half of Roberts shed has dropped off . He requested that the town highway department do something to help this man and improve • the bank . It was noted that Cornell ownes the other side of the creek . Supr McCord replied that itSprivate property and we can not commit public funds to fix private property . Lee urged getting together with Cornell on this matter . Mrs . Schaufler spoke relative to the junk cars on Turkey Hill Road . Attorney Amdur reported that this violation dates back to 1970 . Mr . Shearer now claimes that he is in the business of repairing and selling parts and has lived there since 1963 and been in the business since then . He now claims a non - conforming use . According to Attorney Amdur , Mr . . Shearer is in violation of the junk yard ordinance adopted in 1960 . She ✓ ead a decision from Judge Sweetland granting a 17 day per. tod to correct the situation . COUNCILMAN PRIVILEGE OF THE FLOOR Cim Cotterill requested that the town board , zoning board and planning board get together regarding the new subdivision ordinance . It was decided to plan for the early part of September . Cim Cotterill spoke ✓ elative to a request from the Justice Department re locks on their o ffice doors . Cim Joubert agreed that it should be locked as most of the papers are confidential . Supr McCord said he will take care of it . Clm Cotterill spoke relative to yard work around the town hall and felt it should get finished and the parking lot be finished . He felt the highway department should do it on highway payroll . Cotterill did not feel we should call in a landscaper as the cost would be high and its not that big of project ; it can be seeded at a small expense and felt it should be done within the next month . Clm Cotterill complimented on the flower bed planted by the Town Clerk . It was asked if Highway Supt . Case could take care of this request and he replied " yes " . Clm Joubert spoke relativet . to a meeting in that none of the towns were agreeable to allowing the city owning the sewer plant and selling the services . This is in regard to an inter - municipal sewer district . The city can not get federal money without the towns cooperation . Clm Gridley - nothing to report . 4 ' ATTORNEY Attorney Amdur reported that NYSEG has agreed to cancel the light contract for the McLean Lighting District as of 12 / 31 / 75 upon a 90 day notification o f either party . Attorney Amdur spoke relative to a proposed rock festival o n the fair grounds which never materialized . She urged clarrification of ✓ ecreation activities in the zoning ordinance . She further urged the Board to give some thought to control . TOWN CLERK Clerk Stelick reported that the meeting for September is scheduled in Etna but it is on election day . Consensus of the Board was to schedule the meeting for Monday the 8th if possible . Town Clerk was instructed to contact the Board confirming the date . Clerk Stelick reported that she sent a certified resolution to the DOT regarding a request in 1973 for flashing light on Peruville Road intersection with Groton Road . Clerk Stelick reported that due to many pressing responsibilities in her office , she is unable to get the directory done without some additional help . . She requested that the Board hire some additional help in order to get the directory done by September . Discussion was had with regard to using the assessment department facilities . It was decided that it would cost about $ 400 . 00 to hire help . County Rep . Kidney said he would try to get some funds from the county . RESOLUTION # 119 DIRECTORY ASSISTANCE Clm Cotterill offered the following resolution and asked its adoption . RESOLVED , that this Board provide the money to assist in the preparation o f a town directory and for the clerk to proceed to get the directory done , and BE IT FURTHER RESOLVED , that the offer from Co . Rep Kidney to request funds from the county be accepted . - End C ' lm Joubert Carried . ZONING OFFICER Z . O . Stewart reported that he issued 24 permits for the period . Public Hearing is scheduled for the 26th at 7 : 30 p . m . Discussion was had with ✓ egard to refund if the applicant doesn ' t build . Atty Amdur said there is no provision for a refund . HIGHWAY SUPERINTENDENT H . S . Case had nothing to report . CORRESPONDENCE Ltr from NYSEG regarding lighting contract in Varna and the increased cost expected . Ltr from State Equalization Board that the equalization rate is 49 . 49 . Ltr from the State Department of Conservation that they have accepted the land sale of the town woodlot on Signal Tower Road . Notice of formation of Tompkins County Inter - Governmental Study Group . News release from Tom Payne re State Assessment Board will be in the area spot checking houses . Supr McCord instructed Z . O . Stewart to check with Mr . Payne as to what properties they spot check . Notice from Tompkins County Municipal Officials ' Assoc . advising of the September meeting and requesting topics for the agenda . Ltr from Cornell re Local Government Program was circulated to members illof the Board for viewing . . JUSTICE REPORTS Judge Newhart $ 1 , 668 . 00 Judge Sweetland $ 1 , 739 . 00 - a FINANCIAL REPORT . • General Fund A : Revenues $ 23 , 454 . 43 ; Expen 'ses : $ 12 , 262 . 66 General Fund B : " $ 12 , 843 . 11 ; $ 1 , 234 . 53 Fire Protection District : $ 374 . 51 ; " $ 369 . 58 Federal Revenue Sharing : " $ 12 , 325 . 00 ; I. $ 2 , 584 . 91 Highway Fund : " $ 1 , 251 . 37 ; II $ 35 , 981 . 28 INTERMUNICIPAL WATER PROJECT Supr McCord reported that it was necessary to adopt a resolution authorizing social security withholding of the employees of said project . - . 48 / � RESOLUTION # 120 DESIGNATE THE TOWN OF ITHACA AS ° j, EMPLOYER OF ( CERTAIN / ALL ) EMPLOYEES OF 03� THE SOUTHERN CA.YUGA LAKE INTERMUNICI - i PAL WATER COMMISSION Clm Gridley offered the following resolution and asked its adoption . WHEREAS , the Commission has been advised that the Social Security Act limits participation in any agreement between the State of New York and the Secretary of Health , Education , and Welfare for social security coverage to the State and - its political subdivisions . The Department of Audit and Control is of the opinion that the Southern Cayuga Lake Intermunicipal Water Commission is not a political subdivision , but a joint activity of the political subdivisions that have established it . ( See letter from Arthur Levitt , Comptroller , to Mr . Walter J . Schwan , Supervisor of the Town of Ithaca , dated July 23 , 1975 ) . In order to facilitate the coverage , withholding and reporting of coverage of those e mployees employed by the Southern Cayuga Lake Intermunicipal Water 411 Commission , such as Mr . Edward J . LaVigne , Owners ' Representative , and Cynthia Schoffner , Bookkeeper , or any other employee performing similar o r other duties as an employee of the Commission , it appears necessary that one of the participants in the joint activity be designated as the e mployer . Furthermore , it has been the intention of the Commission and the participating municipalities from the adoption of the intermunicipal agreement establishing the joint activity and from the establishment of the Commission that those employees performing functions and duties for the Commission should be designated as employees of the Commission and the Commission should be designated as the employer of such persons . IT IS THEREFORE RESOLVED AS FOLLOWS : ( 1 ) that the Town of Dryden , one of the municipalities participating in the Southern Cayuga Lake Intermunicipal Water project hereby desig - n ates the Southern Cayuga Lake Intermunicipal Water Commission as the e mployer of those employees who are performing work , labor and services for , by , and at the direction of the Commission . Each person so employed by the Commission shall be designated as an employee thereof and a copy o f such designat4dn together with such other pertinent information as may be required from time to time shall be furnished by the Commission to this municipality when so requested . ( 2 ) The funds necessary for the payment of Commission employees , including all required withholding deductions and other expenses shall be obtained from current operating funds of the Commission obtained from revenues in accordance with the provisions of the intermunicipal water agreement or any amendment thereto and if such funds are insuffi - cient such funds shall be obtained from appropriations made proportion - ately by each of the participating municipalities in the manner provided for by the intermunicipal water agreement . 2nd Clm Joubert Carried . Supr McCord designated Clm Gridley to authorize the General Fundsbills in the absence of Clm Webb . RESOLUTION # 121 APPROVE HIGHWAY FUND BILLS Clm Gridley offered the following resolution and asked its adoption . RESOLVED , that the Highway Fund Bills be paid as audited . 2nd Clm Cotterill Roll call vote - all voting YES RESOLUTION # 122 APPROVE GENERAL FUND BILLS Clm Joubert offered the following resolution and asked its adoption . RESOLVED , that the General Fund Bills be paid as audited . 2nd Clm Gridley Roll call vote - all voting YES 0 RESOLUTION # 123 TRANSFER FUNDS ( TOWN HALL ADDITION ) Clm Gridley offered the following resolution and asked its adoption . RESOLVED , that the Supervisor be and hereby is authorized to transfer $ 436 . 50 from Contingency Acct . to Capital Fund to cover final bills for Town Hall addition . 2nd Clm Joubert Carried RESOLUTION # 124 TRANSFER FUNDS ( DRYDEN SPIRIT OF ' 76 ) Clm Joubert offered the following resolution and asked its adoption . RESOLVED , that the Supervisor be and hereby is authorized to transfer $ 2 , 000 . 00 from surplus to Celebrations for appropriation to Dryden Spirit of ' 76 Committee . 2nd Clm Gridley Carried . A RESOLUTION # 125 TRANSFER FUNDS ( WORKMEN ' S COMP . ) Clm Gridley offered the following resolution and asked its adoption . RESOLVED , that the Supervisor be and hereby is authorized to transfer $ 604 . 00 from Contingency Acct . to Workmen ' s Compensation . 2nd Clm Cotterill Carried . RESOLUTION # 126 INTER - FUND TRANSFER ( CUSTODIAN ) Clm Gridley offered the following resolution and asked its adoption . RESOLVED , that the Supervisor be and hereby is authorized to transfer $ 1 , 000 . 00 from 1620 . 4 to 1620 . 1 in the Building Fund to pay the custodian ' s payroll . . 2nd Clm Cotterill Carried . RESOLUTION # 127 INTER - FUND TRANSFER CREFRIGERATOR ) Clm Gridley offered the following resolution and asked its adoption . RESOLVED , that the Supervisor be and hereby is authorized to transfer $ 149 . 95 from 1620 . 4 to 1620 . 2 in the Building Fund to pay for equip - ment . 2nd Clm Joubert Carried . RESOLUTION # 128 INTER - FUND TRANSFER ( PAYROLL ) Clm Joubert offered the following resolution and asked its adoption . RESOLVED , that the Supervisor be and hereby is authorized to transfer $ 920 . 00 from 1330 . 4 to 1330 . 1 in the Tax Collector ' s Account to cover payrolls . 2nd Clm Gridley Carried . RESOLUTION # 129 1976 PAYROLLS Clm Joubert offered the following resolution and asked its adoption . RESOLVED , that for the six town employees ( Town . Clerk , Zoning Officer , 2 Jistices , Hwy . Supt . & Sec - Bookkeeper ) who receive an annual salary and are paid from General Fund on a bi - weekly basis , this Town Board authorizes omitting the payroll which would be paid the week of January 2 , 1976 . This will give these employees 26 pay periods for the year 1976 as has been customary . 2nd Clm Gridley Carried . OLD BUSINESS - none NEW BUSINESS - none Adjourned 9 : 40 P . M . Town Clerk R5 0 PUBLIC HEARINGS August 26 , 1975 Minutes of Public Hearings held by the Town Board of the Town of Dryden at Town Hall , August 26 , 1975 , commencing at 7 : 30 P . M . Present : Supr McCord , Clm Webb , Gridley , Cotterill and Joubert ; Atty Amdur and Z . O . Stewart . PUBLIC HEARING # 1 For the purpose of considering the application of Elmer Goehner of 15 Keith Lane for a Special Permit to add one unit to his apartment building at 15 Keith Lane . Mr . Goehner spoke relative to his plans . He said it will be one story and one part will be his office and the other part will be for rental o r personal use . Mrs . Goehner explained that his father is a double amputee and he may use the living quarters if he needs At . There is presently 8 units there according to Goehner . • Floor was open to the public . Questions from the Board were relative to health department approval for the additional unit . Mr . Goehner was u naware that he needed additional approval for said addition . Atty Amdur said he should get such approval ; and he could have to build to comply with the multiple residence law . . No questions or comments from the floor . Hearing was declared closed by Supr McCord . The Board chose to take action as follows : RESOLUTION # 130 GRANT SPECIAL PERMIT - GOEHNER Clm Joubert offered the following resolution and asked its adoption . RESOLVED , that this Board grant the Special Permit to Elmer Goehner to add one unit to said building at 15 Keith Lane , subject to approval from the Tompkins County Health Department and that it complies with the multiple residence laws . 2nd Clm Gridley Carried . DOG : ENUMERATOR Supr McCord reported that Walter Westfall and Harold Cook were interested in enumerating the dogs for 1976 . It was noted that Harold Cook did the e numerating last year as Mr . Westfall was ill . It was noted that Mr . Westfall has done the enumerating for several years . Supr McCord asked Clerk Stelick ' s opinion as to whbmto select . Clerk Stelick reported that Mr . Westfall ' s health was much improved and recommended that Mr . Westfall be appointed . RESOLUTION # 131 APPOINT DOG ENUMERATOR Clm Cotterill offered the following resolution and asked its adoption . RESOLVED , that this Board appoint Walter Westfall as Dog Enumerator for the Town of Dryden for the year of 1975 . 2nd Clm Gridley Carried . Supr McCord asked the Town Clerk to write a letter to Harold Cook thanking him for being dog enumerator last year during Mr . Westfall ' s illness . PUBLIC HEARING # 2 410 For the purpose of considering the application ofFrank Robinson of 481 Groton Road for a special permit to build four ( 4 ) apartment buildings having a total of 35 units at 481 Groton Road . Mr . Robinson said there has been a change in that there will be five buildings but the same number of units . He claimed that the sewage system has been approved . Clm Joubert said the letter of January 10 , 1974 does not give approval and the State Environmental Conservation ✓ equested changes be made in that letter . Robinson said there has not been actual approval for him , but approval of the system that he plans to use . He said he has a pond and will not need a filter bed ; the pond w ill be closed in according to Robinson . Clm Cotterill spoke relative to recreation plans . Robinson reported that about 300 feet behind the pond will be a recreation area . Clm Cotterill claimed that he has been in that area and it is very wet and questioned if it is satisfactory for recreation . Discussion was had with regard to parking places . It was determined by the Board that there was not enough parking places . According to Mr . Robinson it will be one vehicle space per apartment plus one . Philip Dietch and wife were present and spoke relative to the foundations already in and why were they being notified now . Atty Amdur said that sometime in 1972 or 73 he was given a permit to construct said buildings and his permit expired . Since that time the zoning ordinance has been amended to require that for such construction a special permit is now ✓ equired ; prior to that amendment change all Mr . Robinson needed was a standard building permit . Mr . Dietch also wanted to know why they were notified and who else was notified . Supr McCord replied that the comments of the adjoiniwjresidents are part of the deliberation and that all abutting owners are notified . IIIZ . O . Stewart reported that Mr . Liguori has not answered yet with ✓ ecommendations in regard to the above . Attorney Amdur said they will have to have health department approval . Clm Joubert commented that they have to get clear where and how the apartments are going to set . Also landscaping and recreation drawings were requested . It was requested o f Mr . Robinson that he get updated drawings . In answer of an inquiry of his drainage , Mr . Robinson replied that it is going to go off of the back through a package sewage unit . Clm Cotterill suggested that the Board ask Jim Calhoun to check this site and give us a report of his findings and recommendations . The Board chose not to take action . Supr McCord said the Zoning Officer w ill write Mr . Robinson explaining what the Board requires of him . Alton Alexander stopped in before said meeting and had the following comments . He questioned Mr . Robinson ' s desire to be an aggressive landloard . Mr . Alexander said he ( Mr . Robinson ) has two vehicles pushed back on his property . Mr . Alexander questioned his good state of affairs and financial standing . Being no other questions or comments , the hearing was decla- red closed . PUBLIC HEARING # 3 For the purpose of considering the application of Cayuga Farm Foods , Inc . . for a special permit to place two billboards along Route 13 west of Dryden to advertise their business at 2028 Dryden Road . Floor was opened to the public . Ellen Bonn said she was opposed to anymore billboard as Route 13 was beset with far too many billboards . Selma Nielsen said she was against billboards . She said local people who are operating with a sign on their property are put at a disavantage if others are allowed billboards . Representative from Cayuga Farm Foods spoke relative to the disadvantage they are at for location purposes . He claimed that they can not be Sfound as they are located on the side ( Johnson Road ) of Pooltown Plaza . He maintained signs are essential to keep the business going . Discussion was had that they locate a sign on Keith ' s property next to his sign as the zoning allows two signs for such type of use . Cayuga Farms Representative maintained that there was no way that an on premise sign would be allowed by Keith . They want to place one sign at the edge of a hay field next to Jack Sams residence - and - another sign left of the " Spring • Water Motel " sign on Route 13 - property is owned by James Holman . The Board instructed him to go back to Keith and see if it could be resolved that a second sign be placed on the premises for their business . No action was taken . Hearing was declared closed . OTHER BUSINESS Supervisor McCord reported that Ceracche will be appearing at the Etna meeting in Sept . Atty Amdur said a request for time extension was granted to Shearer to October 1st . /\ Adjourned ; 8 : 35 P . M . 67wi tI) Town Clei