Loading...
HomeMy WebLinkAbout1975-09-08 TOWN BOARD MEETING September 8 , 1975 Minutes of the Regular Monthly Board Meeting of the Town Board of the Town of Dryden held at Houtz Hall in Etna , on the 8th day of September 1975 , commencing at 7 : 30 P . M . Present : Supervisor Charles G . McCord Councilman Merton Webb Councilman Lewis Gridley Councilman Clinton Cotterill Councilman John Joubert Attorney Helen Amour Zoning Officer Sibley Stewart County Representative James Kidney Rural News Reporter Approximately 8 citizens Absent : None 411) Supervisor McCord lead the members and guests in the Pledge Allegiance to the Flag . Roll Call was by the Town Clerk . Motion was made by Clm Gridley , seconded by Clm Cotterill , that the Minutes of the August 12th Regular Monthly Board Meeting be approved as presented . Carried . COUNTY BRIEFING County Rep Kidney reported that they are waiting for an agreement from the ambulance services and two haven ' t signed yet ( Safadi problem ) . As soon as that is submitted , Safadi will submit a budget according to Kidney . Spoke relative to the Centrix telephone system . Boardman House : Kidney said he is against any more buildings and spending taxpayers money . He reported that he did not favor spending $ 5 , 500 for feasibility study re Boardman House . Kidney spoke relative to extra space available at old hospital and felt this space could be used for county offices . Supervisor McCord said he favored preserving and saving the Boardman building and getting it back on the tax rolls . He said he was not in favor of paying money to tear it down and felt it should be offered for sale . Kidney reported the cost to tear down is quoted at $ 3 , 000 . CITIZENS PRIVILEGE OF THE FLOOR Megan Talimer was present and introduced herself as the replacement for Marjorie Olds to be the advisor of Youth Court . for the current - school year . Walter Wiggins and Anthony Ceracche were present to discuss the request for cable television service to Snyder Hill and Redwood Lane area . They presented a formula , as follows : .. over 20 - subscribers - cost $ 6 / mo . ; 15 . to 20 subscribers - cost $ 9 / mo . ; 10 to 15 subscribers - cost $ 12 / mo . ; and 5 . to10 subscribers - cost $ 24 / mo . The installation charge would be $ 25 . 00 and it would be extra if the house is setback more than 150 ' . It was decided to have Mr . Wiggins prepare a resolution and set a public hearing on Tuesday , September 30th at 7 : 3. 0 P . M . Harold Case spoke relative to the homes in Varna that are being made into " communes " as he called them . He stressed enforcement of the provision of no more than three unrelated persons in a unit . Attorney Anidur briefed 0 those present the description df a rooming house and that it is an allowed use in the CA zone . She reported that there is nothing that prohibits such type of dwelling establishment in Varna . She said the only solution is to request a zoning change with perhaps phasing out the existing rooming houses . Barry Sheridan of Cayuga Farm Foods reported to the Board that Keith Lanphear offered them a " hanging type sign " under his pooltown sign . Mr . Sheridan said their feeling is that this would not be sufficient and ask the Board to allow their sign request . He stressed that the lack of sufficient signs would create a hardship and the business might have to close . He reported that several customers have reportedly expressed difficulties in locating the store . Mr . Sheridan said the need for signs is necessary to the business . Councilmen Cotterill and Webb expressed their opposition to billboards in general and favored phasing out all billboards . They maintained that if we are going to allow billboards then 53 it should be allowed for a business in the town . COUNCILMAN PRIVILEGE OF THE FLOOR Clm Cotterill inquired of the Town Clerk the status of the town directory . Clerk Stelick reported that it is being worked on daily and hoping to get it finalized soon . Clerk Stelick reported that it is a bigger job than anticipated . At this point the Village of Dryden does not have their listing and Mrs . Sullivan does not think she will be able to get it done . Clm Cotterill spoke relative to the unfinished parking lot and grounds at the town hall . He severely critized the Board for the lack of pro - gress . He said we have a highway department with 15 men and in 3 days they did a parking lot at the eight - square school and we have been waiting a year for a parking lot at the town hall . Clm Webb - nothing to report . • Clm Gridley - nothing to report . Clm Joubert - nothing to report . ATTORNEY Nothing to report . TOWN CLERK Clerk Stelick announced the quarterly meeting of the Tompkins County Mun . Assoc . meeting at the Ramada Inn on the 17th of September at 7 PM , and to let her know if they were going . ZONING OFFICER Z . O . Stewart reported that for this period he has issued 22 permits . He reported that in 1974 he issued 61 permits for houses vs 35 in 1975 ; 17 mobil homes in 1974 vs 9 in 1975 . It was noted that Shearer on Turkey Hill was granted an extension of time to October 1st to remove the cars . Peter Curtiss spoke relative to zoning ; violations and how many pending . Supr McCord said the Shearer case has been a most serious case as it has been pending for many years . Harold Case reported that the Snyder Garage ( formerly Brixey Garage ) has been dismantling and piling up cars and felt this was the makings of a junk yard . Supr McCord instructed Z . O . Stewart to check this complaint out . FINANCIAL REPORT General Fund A : Revenues $ 654 . 22 - Expenses $ 8 , 136 . 37 General ' Fund B : Revenues $ 436 . 26 - Expenses $ 821 . 63 Fire Protection Dist . : Revenues $ 5 . 21 - Expenses $ - 0 - Federal Revenue Sharing : Revenues $ - 0 - = Expenses $ 649 . 46 Highway Fund : Revenues $ 1 , 238 . 42 - Expenses $ 18 , 078 . 88 • RESOLUTION # 132 AUDIT HIGHWAY FUND BILLS Clm Gridley 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 RESOLUTION # 133 AUDIT 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 Webb Roll call vote - all voting YES • RESOLUTION # 134 RESCIND RESOLUTION # 1' 20 Clm Joubert offered the following resolution and ask its adoption . RESOLVED , that Resolution # 120 relative to designating the employer o f the Southern Cayuga Lake Intermunicipal Water Commission be ✓ escinded . 2nd Clm Cotterill Carried . Supr McCord said it was necessary to rescind the above resolution as it was not appropriately worded, therefore , it was necessary to adopt another ✓ esolution regarding the appointment of the Town of Ithaca as employer o f the Southern Cayuga Lake Intermunicipal Water Commission . . . . . . . „ 54 RESOLUTION # 135 DESIGNATING THE TOWN OF ITHACA AS EMPLOYER OF OF ( CERTAIN / ALL ) EMPLOYEES OF THE SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER COMMISSION Clm Gridley offered the following resolution and asked its adoption . RESOLVED , ( 1 ) That the Town of Dryden , one of the municipalities participating in the Southern Cayuga Lake Intermunicipal Water project hereby designates the Town of Ithaca as the employer of those persons who are performing work and services for the Commission . Each person so e mployed by the Town of Ithaca shall be designated as an employee of the Town ( performing Commission duties ) and a copy of such designation together with such other pertinent information as may be required from time to time shall be furnished to the municipalities adopting this ✓ esolution and to the Commission when so requested . - ( 2 ) a . The participating municipalities , jointly and severally , agree to save and hold harmless the Town of Ithaca , its o fficers , agents , and employees , from any and all costs , expenses , liabilities , actions and law suits , they may incur as such employer . The Town of Ithaca shall be reimbursed propmptly for all funds , e xpenses and liabilities expended or incurred by the Town as such e mployer including , without limiting the generality of the foregoing , the payment of wages , salaries , payroll deductions , insurance premiums , ✓ easonable counsel fees , and all other expenses incurred by the Town as such employer . b . The funds necessary for such reimbursement shall be provided by the Commission from current operating or other funds of the Commission obtained from water revenues or other receipts or funds available in accordance with the provisions of the intermunicipal water agreement or any amendment thereto , and if such funds are insufficient , additional funds shall be obtained from funds furnished proportionately by each of the participating municipalities in the proportion provided for by the intermunicipal water agreement . c . The participating municipalities are obligated , jointly and severally , to furnish all funds which may be required ; if the payments made by any participating municipality are in excess of its proportionate share as determined by the intermunicipal agreement , then , in that event , such municipality shall be reimbursed by the other participating municipalities in accordance with the agreement , as such agreement may be modified . The Commission shall set aside funds for the aforesaid purpose and shall make provision for such funds in its annual budget . Similarly each municipality shall make provision for making available to the Commission such additional funds as may be required in accordance with the provisions of sub - paragraph ( b ) , above . ( 3 ) This resolution shall become effective upon adoption by all the municipalities participating in the joint activity . A copy of this resolution shall be furnished to the Commission and to each participating municipality . 2nd Clm Joubert Carried . OLD BUSINESS Consideration of request from Cayuga Farm Foods for the placement of billboards . Opinion was to promote business in the town and said business is located on Johnson Road off Route 13 . RESOLUTION # 136 GRANT SPECIAL PERMIT CAYUGA FARM FOODS Clm Cotterill offered the following resolution and asked its adoption . RESOLVED , that this Board grant the Special Permit to Cayuga Farm Foods to place two billboards on Route 13 in accordance to their submitted • plans . . . 2nd Clm Webb Carried . YOUTH - COURT APPOINTMENT . RESOLUTION Supervisor McCord oferedthelfolloWPOIN � MEGAN TALLMER resolution ution and RESOL- VED , that this Board appoint asked its adoption . ppoint Megan Tallmer as Legal Advisor to -mthe Dryden Youth Court at a fee of $ . 00 per month for the school year . 2nd Clm Gridley Roll call vote - all voting YES FINANCIAL TRANSFER RESOLUTION # 138 FINANCIAL TRANSFER 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 General B - Contingency Account to Zoning - Contractual expense , for zoning ordinances and maps . 2nd Cl , Joubert Roll call vote - all voting YES Adjourned : 9 : 00 PM . • Town Clerk September 30 , 1975 PUBLIC HEARINGS Minutes of the Public Hearings held by the Town Board of the Town of Dryden at Town Hall on the 30th day of September , 1975 , commencing at 7 : 45 P . M . Present : Supr McCord , Councilmen Webb and Joubert ; Clm Cotterill arrived at 8 P . M . and Clm Gridley arrived at 8 : 05 P . M . PUBLIC HEARING # 1 Hearing was called to order by Supr McCord for the purpose of consider - ing an amendment to the Ceracche Franchise for cable service in low II -population areas , as duly advertised in the official newspapers . Mr . Ceracche was present and spoke relative to the formula for charging subscribers . He said they will go as far as Redwood Lane and the 0 charge will be the same , thereon the charge will change . Clm Joubert spoke relative to a town - wide service to every house and apply the 20 per mile using all roads in the town of Dryden . Joubert further maintained that Ceracche will be the strict controller as to where the mile starts and stops . Mr . Ceracche replied that if he served all cable system at 20 per mile , he could not afford to be in the business . He maintained that this is a formula to get cable service to rural areas and it is being subsidised by the higher density areas . Ceracche claimed some of the areas they have wired are not making a profit . Mrs . Kuches of 743 Snyder Hill Road and Arthur Cicchetti of 754 Snyder Hill Road were present to discuss providing cable service to their area . They were told to take the area and define how many people there and get total number of miles and figure the cost according to the formula ; then go to the people and tell them their cost . Ceracche said the system will have to be approved by the Cable Commission . Discussion was had with regard to defining a district for petitioners . Clm Joubert maintained this would put the Town Board in the position to administer the cable district for Ceracche . Ceracche said their intent is to provide cable service in all areas of Tompkins County and they feel they are taking a fair and reasonable position to provide such service to the people . Supr McCord closed the public hearing at - 8 : 30 pm . HEARING # 2 Public Hearing was called to order by Supervisor McCord for the purpose o f hearing from the public with regard to the application of John Allen o f 37 Gee • Hill Road to convert a house at 175 North Road to a multiple ✓ esidence for student housing . Letter from Frank Liguori , County Planner , had no objection . Telephone call to the Zoning Officer from Edward Little stating that he had no objection to Mr . Allen ' s proposal . from Mr . Allen to the Board ex lai 'i' their plans and did not Letter p p • feel this would have any ill effects on any of the adjacent properties . Document from NYS Department of Health indicating that the water is satisfactory and sewage is adequate . Mr . Allen said the house is situate on almost an acre of land . The garage house is owned by someone else . Mr . Allen is aware that he must comply with the multiple residence law . According to Mr . Stewart it does comply with said law . Supr McCord closed the public hearing . COURT CLERK Discussion about the request from the Justice Department to appoint Mary Bachner as Court Clerk . Supr McCord said he would like to talk with the Judges regarding the nature of the job , qualifications and Mrs . Bachner ' s qualifications . RESOLUTION # 139 PROVISIONAL APPOINTMENT Clm Joubert offered the following resolution and asked its adoption . RESOLVED , that Mary Bachner be a provisional appointment as Court Clerk retroactive nom t'fie 1st of a temb r at the rate of 2 . 50 per hour . Said appointment to the end of October 3Tst . 2nd Clm Cotterill Roll call vote all YES Adjourned 9 : 20 P . M . li 9 pi4-/ g 1t Inw _ Gict b 56 SPECIAL MEETING September 30 , 1 . 975 At this time the Board decided to hold a special meeting to take action on the application of John Allen . RESOLUTION # 140 GRANT SPECIAL PERMIT Clm Gridley offered the following resolution and asked its adoption . RESOLVED , that this Board grant the Special Permit to John Allen to establish the house at 175 North Road as a multiple residence provided that he complies with all health department regulations for water and sewage and with the rules and regulations of the Multiple Residence Law . 2nd Clm Cotterill Carried . Adjourned Typed from info:rmationN supplied by Attorney Amdur i SPECIAL MEETING October 7 , 1975 Special Meeting of the Town Board commencing at 7 : 30 PM at the Town Hall , on the 7th day of October , 1975 . Present : Supervisor McCord , Councilmen Gridley , Cotterill and Joubert , & Attorney Amdur . Absent : Clm Webb . Purpose of the meeting was to take action on the application for rate formula from Ceracche Cable Service to service low density areas . A public hearing was held on the 30th day of September . EXPANSfiON OF CABLE SERVICE IN AREAS OF RESOLUTION # 141 LOW POPULATION DENSITY ._ . . _ Clm Cotterill offered the following resolution and asked its adoption . ( RESOLUTION ATTACHED) Meeting adjourned Typed from note submitted by Attorney Amdur • AMENDMENT TO CERACCHE T . V . FRANCHISE RESOLUTION # 141 EXPANSION OF CABLE SERVICE IN AREAS OF LOW POPULATION DENSITY . ( 10/7 /75 ) Upon the request of the residents of any area of the township to whom cable service has not been heretofore available , the franchisee shall make every reasonable effort to supply said residents with cable service . Residents desiring cable service may petition the Town Board of the Town of Dryden and the franchisee for expansion of same into their area by submitting a petition signed by those residents and indicating on an attached map the location of the residences to be served . Except as hereinafter set forth , the franchisee shall install cable service to serve residents of the town upon receipt of a petition signed by such owners of such residences to constitute an average of 20 residences per mile . Whenever there are 20 or more subscribers per mile , the instal - lation charge for service and the subscriber monthly rental shall remain as heretofore established in the franchise agree - ment made between the franchisee and the Town dated April 12 , 1966 , as amended by Resolution of December 10 , 1974 . In the event the number of subscribers per mile shall be more than 14 but less than 20 , the installation charge shall remain the same . However , the monthly rental charge shall be $ 9 . 00 . In the event the number of subscribers per mile shall be more than 9 but less than 15 , the installation charge shall remain the same . However , the monthly rental charge shall be $ 12 . 00 . + In the event the number of subscribers per mile shall be more than 4 but less than 10 , the installation charge shall remain the same . However , the monthly rental charge shall be $24 ,; 00 . Franchisee shall not be required to make any installation of cable service when the number of subscribers shall be less than 5 per mile . , , In the event that the petition designates an area greater than I ; P' one mile , the franchisee shall compute the cost for the total 4 number of subscribers in the total area , and the petition shall contain a maximum monthly rental charge based on such computatio , or in the alternative , a series of maximum monthly rental charge - based on differing total numbers of subscribers for said area . In determining the number of subscribers per mile as hereinabove - 2 - provided , all measurements shall be made by. commencing at the point of intersection of the proposed new service with the then existing cable installation as of the date said petition is submitted , and terminating at the residence which lies the furthest distance from said point of intersection with the then existing cable . In the event that any such residence shall be located more than 150 feet from the highway right of way , the subscriber shall pay an extra installation charge for the actual cost to the franchisee of installing said cable from a point 150 feet from said highway line to such residence . Franchisee shall submit 1 ' ' , 1 to the subscriber the exact cost of the labor and materials for1j ; ' such extra installation prior to the commencement of constructidli:. ' ' The monthly rate to be paid for cable service by any group of petitioners which shall number less than 20 per mile shall be redetermined each calendar year with the rate to be adjusted in accordance with the number of subscribers who shall be under contract for cable service as of December 1st of the preceding year within the prescribed area . However , after the initial installation is completed and the monthly rate established as hereinabove provided , no subscriber shall be required to pay a greater rate by reason of subsequent reduction in the number of subscribers per mile within his pre - scribed area . In the event that the New York State Commission on Cable Television shall adopt a different formula for expansion of cable service in areas of low population density , that formula shall be applicable in place and in stead of the foregoing . BE IT RESOLVED , that this Board approve of the above amendment , . to the Ceracche Franchise Agreement with the Town of Dryden . i4. 2nd Clm Gridley Carried afi, kr Abstained : John Joubert