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HomeMy WebLinkAbout1977-10-12 c z . 21 •`. ':� PUBLIC HEARING # 1 OCTOBER 12 , 1977 Charles Seaman ( Operate Sawmill ) Minutes of the public hearing of the Town Board of the Town of Dryden was held on October 12 , 1977 commencing at 7 : 00 PM P resent : Supv McCord , Clm Webb , C1m Cotterill , C1w Graham and Z . O . Stewart Absent : C1m Tarr and Atty Amdur S upv McCord read the notice that was published in the newspaper stating t he purpose of said hearing was to consider the application of Charles Seaman , 394 Beam Hill Rd to operate a sawmill at 394 Beam. Hill Rd . QUESTIONS AND / OR COMMENTS C1w Graham was wondering about the listing in the Town directory , 393 - 394 are listed under Charles Seaman and 414 listed under Betty S eaman . Mr Seaman stated that he owned property on both sides of the road . Cl ;., Graham also questioned the property lines . Mr Seaman stated that he owns property on both sides of the road and Mr VanPelt ' s property surrounds h is property . S upv McCord wanted to know if there would be any planned hours of operation . Mr Seaman stated that he had not thought about that at the moment . S upv McCord read a letter from Mrs Cecelia Weiszmiller stating that she h ad no objection to the mill . Closed Public Hearing # 1 7 : 10 PM PUBLIC HEARING # 2 OCTOBER 12 , 1977 Lance LaBar ( Operate Auto Repair Shop ) Minutes of Public Hearing # 2 commencing at 7 : 10 PM Supv McCord read the notice that was published in the newspaper stating the purpose of said hearing was to consider the application of Lance L aBar 141 • Mill St . Freeville to operate an auto repair shop in his g arage at 141 Mill St . Freeville . Q UESTIONS AND/ OR COMMENTS Supv McCord stated that there was a business that was operated there with the condition that it would not be allowed to transfer with the sale of the property . Therefore there is need to make another application f or a special permit to operate the business . C1w Graham wanted to know when Mr LaBar obtained the property . Mr LaBar stated that he is buying the property on land contract from Mr . Boylan . Supv McCord wanted to know the conditions that were stipulated last time on the permit . CIw Graham wanted to know if Mr LaBar was living at 141 Mill St . at the present time . Mr LaBar stated that he was . S upv McCord wanted to know if Mr LaBar was aware of the restrictions that were on the permit that was issued to Mr Boylan . Mr LaBar said that he was not . S upv McCord stated that there was to be no Sunday work , 8 : 00 AM to 6 : 00 PM 6 days a week only , limit the use of the permit to only Mr & Mrs David B oylan as long as he resides there with no transfer to new owner , or lease the business to someone else . Limit the cars sitting outdoors to 2 plus the ones in the garage in addition to their own . Limit of 60 days for a car sitting outdoors . Ii I 2�i2, . S upv McCord read a letter from Mr & Mrs Harvey Wilkin stating that they h ad no objection , but that they would like to see the same conditions . . be on the permit that was issued to the Boylans . Mr Clifford Maxwell stated that he had not received any notification of the public hearing and Mr Boylan came in and started his business without n otifying anyone before he applied for a permit . This is starting the same way because Mr LaBar has cars in there (notj Mr Maxwell stated that the permit was issued only to Mr & Mrs Boylan and only as long as he ✓ esided there with no transfer to new owner or Leas ,: the business to someone else . We went through the hassel last time - and we don ' t heed it agai . Mr Randall Smith said he did not receive any notification of the public hearing either . • C1m Cotterill wanted to know if Mr Boylan made Mr LaBar aware of the special permit that it could not be transfered to a new owner . Mr LaBar stated that he wouldn ' t expect the permit to be transfered . CIm Cotterill wanted to know if he knew of the restrictions . Mr LaBar said that he did not . There was much discussion . Mr Tripp stated that shortly after Mr Boylan was granted the permit h e had an opportunity to move to Arizona so the property has been vacant for 5 months or close to a year . Mr Parke .$ - stated that he had no objection to the auto repair shop . Closed Public Hearing # 2 7 : 35 PM PUBLIC HEARING # 3 OCTOBER 12 , 1977 FEDERAL REVENUE SHARING Minutes of public hearing # 3 commencing at 7 : 40 PM . S upv McCord read the notice that was published in the newspaper stating the purpose of said hearing was to consider a proposed use h earing on the expenditures to encourage citizen participation h ow Federal Revenue Sharing monies will be spent . Q uestions and / or Comments Ann Avery from Dryden KIDDS Inc . presented the Town Board with a proposal requesting $ 2 , 000 . 00 revenue sharing grant for the Busy B us Project . Closed Public Hearing # 3 7 :. 45 PM TOWN BOARD MEETING OCTOBER 12 , 1977 Minutes of . the Board Meeting held by the Town Board of the Town of Dryden at the Town Hall commencing at 7 : 45PM Called to order by Supv McCord Members and guests participated in the Pledge of Allegiance Roll call was by the Town Clerk Present : Supv McCord , Ciw Graham , C1m Webb , C1m Cotterill and Z . O . Stewart Absent : C1m Tarr and Atty Amdur Motion was made by Clm Cotterill and 2nd by Clw Graham that the minutes of the Public Hearings and Regular Board Meeting of September 13th and Special Meeting held on September 29th be approved as submitted . COUNTY BRIEFING - Absent CITIZEN PRIVILEGE OF THE FLOOR Nothing. Supv McCord appointed CIm Cotterill to audit General Fund Bills ATTORNEY _ Absent COUNCILMAN PRIVILEGE OF THE FLOOR CIm Webb reported about a creek problem on Gulf Hill Rd , that he had spoken to Hwy Supt Humphrey about . . It will not affect a town toad , but a county road if something isn ' t done aobut it . RESOLUTION # 115 APPOINT YOUTH COMMISSION REPRESENTATIVE Clw Graham offered the following resolution and asked for its adoption . RESOLVED , that this Town Board appoint Stephen Williams from the Town o f Dryden to serve as a representative to the County Youth Commission . 2nd CIm Cotterill Carried RESOLUTION # 116 APPOINT DRYDEN TOWN YOUTH COMMISSION IIIClw Graham , offered the following resolution and asked for its adoption . RESOLVED , that this Town Board appoint Mrs Shirley Allen to the Dryden Town Youth Commission . 2nd C1m Cotterill Carried Clw Graham reported that she had not found anyone yet to serve on the Chores and Weatherization Program of the EOC but will continue to try . Clw Graham wanted to know if any action had been taken on the request f rom NYS DOT to enable the state to perform necessary improvements to railroad crossings . Supv McCord stated that he had written a letter and received a letter back stating that it is being taken care of . Clw Graham also requested that the weed patch in front of the Town Hall be cleared and seeded with grass . Clw Graham was also wondering in Sept . 1975 the Towfl Board received a complete inventory from the highway dept and also a list of projects that was going to be attempted and if this will be done again in the current year . Clw Graham also brought to the attention of the Town Board the possible n eed for a dog ordinance . The county would like the Dryden Town Board to consider a dog ordinance , to enact one by either March or April of 1978 . The county prospective is to have county wide dog control . The S PCA is now hiring extra help with CETA funds . The towns that now have d og control ordinances are the Towns of Groton , Dan ;tly and Ithaca . The ✓ illages of Trumansburg , Cayuga Heights , Lansing and Groton . • RESOLUTION # 117 APPOINT DEMOCRAT SUB - ELECTION INSPECTORS C1m Cotterill offered the following resolution and asked for its adoption . RESOLVED , that this Town Board appoint Emily Young , Joan Dodge , Phil S keps , Gloria Hollern , Joyce Broadhead , Katherine Grady and Sybil Gould as sub - election inspectors for the term 7 - 1 - 77 to 6 - 30 - 78 at the rate o f $ 2 . 30 per hour . 2nd Clw Graham Carried RESOLUTION # 118 APPOINT REPUBLICAN SUB - ELECTION INSPECTORS • Clm Cotterill offered the following resolution and asked for its adoption . RESOLVED , that this Town Board appoint Jane Cage , Eva Ames , Ethel Marquis , Barbara Estelle , Lewis Gridley , Walter Havington , and Sylvia McCartney as sub - election . inspectors for the term 7 - 1 - 77 to 6 - 30 - 78 at the rate of $ 2 , 30 per hour 2nd Clw Graham Carried ZONING OFFICER Reported 16 permits issued . $ 120 . 00 ZBOA $ 25 . 00 Special Permits $ 50 . 00 Total $ 195 . 00 ZBOA held one hearing for a house built in 1973 , involving a variance because it was closer to the property line then they thought it was . Received a call about people using the right house number . People are still using house numbers they had 10 - 15 years ago . Supv McCord stated t hat maybe Z . O . Stewart could go around and spot check house numbers . 244 The legal house number is the one that the zoning officer has given out . The Town Board felt that a town directory could be given out to those people S teve Carpenter gave a 6 month ambulance report E mergency runs 53 Runs to Virgil 2 emergency Non - emergency runs 56 Runs to Harford 4 emergency t ransports 8 1 dry run Dry runs 8 2 transports D OA ' S 2 Total 9 TOTAL 127 runs Total runs made 136 HIGWWAY SUPERINTENDENT - Absent CORRESPONDENCE Received letter from James White , Chairman of Tomp . Co . Management Council regarding resignation of Richard Reynolds and recommending Mrs W Harry Everhart as representative . RESOLUTION # 119 APPOINT REPRESENTATIVE TO TOMP . CO MANAGEMENT COUNCIL C1w Graham offered the following resolution and asked for its adoption . RESOLVED , that this Town Board appoint Mrs P1 Harry Everhart as 618ery* 5.. ) ✓ epresentative to Tompkins County Management Council . 2nd Clm Cotterill Carried RESOLUTION # 120 ESTABLISHING CONDITIONS FOR USE OF TOWN SEWER SYSTEM BY THE TOWN OF DRYDEN ( IN BEHALF OF DRYDEN SEWER DISTRICT # 1 ) S upv McCord offered the following resolution and asked for Its adoption . RESOLVED , that this Town Board adopt the following resolution contingent u pon Attorney Amdur ' s approval ; WHEREAS , A . The Town of Ithaca ( herein also ITHACA ) has constructed , operates and maintains , at its own expense , a Town sewer system . The Town of Dryden ( herein also DRYDEN ) has established D ryden Sewer District No . 1 ( herein DISTRICT ) in the area of Dryden e ast of Sapsucker Woods Road . Dryden is presently using the Ithaca system to convey sewage from the lands in the DISTRICT through the Ithaca sewer system to the Village of Cayuga Heights system . B . ITHACA and DRYDEN ( on behalf of said Sewer District ) ✓ ecognize the need for formalizing the aforesaid use by entering into an agreement ( i ) to regulate the use of the sewer system by the Town of D ryden and ( ii ) to establish the rights and obligations of both Towns with respect to charges , repair , maintenance , additions to and e nlargement of the Town of Ithaca Sewer System , and ( iii ) to state the d uration , modification and revisions of the agreement , and ( iv ) to e stablish the charges which Dryden must pay for such use , and ( v ) to d efine such other provisions as the Town of Ithaca shall require . C . In the meantime , it is necessary for DRYDEN to be informed of the charges it must pay to ITHACA for the calendar year 1978 so that DRYDEN can make the required assessment within the time period required by law . D . The Town of Dryden understands that it will be required to pay to the Town of Ithaca for such use of the Ithaca sewer facilities for the calendar year 1978 a total charge equivalent t o $ 15 . 00 per unit as hereinafter defined multiplied by the number o f benefited units in the Dryden Sewer District , such amount to be paid not later that the last day of February 1978 . August 20 , 1983 TO WHOM IT MAY CONCERNS The Town of Harford hereby serves notice as required by Section 594 . 9 of the rules of the New York State Commission on Cable Television of its intent to issue a Cable Television Franchise under the alternative franchising procedures if authorized by the Commission to do so . The purpose of this letter is to find out if your community might be interested in joining with us in a joint franchising effort . By combining our assets , we may present a more attractive opportunity for the cable company and hence may get a better cable television system . . SUPERVISOR TOWN OF HARFORD i -�� .� EsEs E . The unit formula referred to above is as follows ; for the year 1978 : 1 . Single Family home 1 unit 2 . Single Family home ( with one apartment ) o r any residential dwelling with 2 dwelling u nits : 2 units 3 . Multiple residential dwelling , as defined in the Town of Ithaca Zoning Ordinance . 1 unit per dwelling unit ( or apartment ) in such dwelling . 4 . Any structure which does not come within the above -I classification ; the units for any such structure shall be in accordance with the unit formula which is in effect for the year 1978 in the Town of Ithaca . NOW , THEREFORE , IT IS RESOLVED AS FOLLOWS : Section 1 . The charges which the Town of Dryden is obligated to • pay for the year 1978 shall be computed in accordance with the provisions of paragraphs D and E of the Preamble . Such charges shall be paid prior to March 1 , 1978 . Section 2 . DRYDEN shall furnish to ITHACA , with the 1978 payment , a statement , certified by the Town Supervisor , listing each benefited property in the DISTRICT using the sewer , and f=. , ::he tax parcel number , address , name of the owner , and the number of units therein . Section 3 . DRYDEN Shall comply with all applicable provisions of any code , law , ordinance or regulation of the Village of Cayuga Heights and the Town of Ithaca relating to the use of their respective sewer systems . Without limiting the foregoing , the Town of Dryden shall make any and all repairs or additions to its system which may be required to comply with the foregoing codes , etc . and shall pay for all repairs and d amage caused to the ITHACA or Cayuga Heights System attributed to use o f the system by DRYDEN , or if it is necessary to enlarge or construct a main in ITHACA if the sewage flows of ITHACA and DRYDEN exceed the capacity of ITHACA sewer mains , ITHACA will do such work and DRYDEN will be obligated to pay the cost thereof . DRYDEN will install meters to measure the flow into ITHACA if required by any State or Federal agency and will make and / or pay for any corrective measures required by such metering . Section 4 . If the Town of Dryden shall default in the performance o f this agreement , the Town of Ithaca may enforce the provisions of this resolution in any proceeding or action . S ection 5 . , Acceptance of this resolution by DRYDEN , without modification , shall be deemed to be a contract between DRYDEN and ITHACA . S ection 6 . The Town Attorney with the Town Supervisor and the Town Engineer shall prepare and negotiate a formal agreement with DRYDEN ✓ egulating the continued use of the ITHACA fgstdm . In the meantime , this ✓ esolution and the acceptance thereof shall continue in effect until J anuary 1 , 1979 or until the execution prior to said date of said formal agreement except that the unit charge shall remain at $ 15 . 00 per unit for the year 1978 . S ection 7 . Nothing in this resolution shall be interpreted in any w ay to deprive the Town of Dryden of its rights and powers to determine the manner of raising the funds required to be paid to the Town of Ithaca . 2nd CZm Cotterill Roll call vote all voting YES L VRR regarding bridge on George Road . Discussed light by Dryden High School . • RESOLUTION # 121 APPOINT SEC - BOOKKEEPER AND SEC TO HIGHWAY SUPERINTENDENT IIC1m Cotterill offered the following resolution and asked for its adoption . RESOLVED , That Dianne McFall be appointed Sec - Bookkeeper to Supervisor and Highway Superintendent . 2nd C1w Graham Carried RESOLUTION # 122 EXTEND APPRECIATION Supv McCord offered the following resolution and asked for its adoption . RESOLVED , that this Town Board wished to extend its appreciation for the d edicated years of service Ruth Hanford provided to the town during her tenure as Sec - Bookkeeper from July 24 , 1972 through September 2 , 1977 . 2nd CIm Webb Carried 1 `s ■ ■ i 216 RESOLUTION # 123 TRANSFER FUNDS TO UNALLOCATED INSURANCE . Clm Cotterill offered the following resolution and asked for its adoption . RESOLVED , that the Supervisor be authorized to transfer $ 5 , 051 . 00 from G en . Fund A Contingent Acct . # 1990 . 4 and $ 745 . 00 from Gen . Fund A Surplus for a total of $ 5 , 796 . 00 to Unallocated Insurance Fund # 1910 . 4 . 2nd Clm Webb Roll call vote - A11 voting YES RESOLUTION # 124 TRANSFER FUNDS TO ATTORNEY Clm Cotterill offered the following resolution and asked for its adoption . RESOLVED , that the Supervisor be authorized to transfer from — G eneral Fund A Surplus $ 143 . 75 to Attorney # 1420 . 1 2nd Clm Webb Roll call vote - all voting YES RESOLUTION # 125 TRANSFER FUNDS TO ELECTIONS II Clm Cotterill offered the following resolution and asked for its adoptio RESOLVED , that the Supervisor be authorized to transfer from Gen . Fund A S urplus $ 365 . 00 to Elections # 1450 . 2 2nd Clm Webb Roll call vote - all voting YES RESOLUTION # 126 TRANSFER FUNDS TO MUNICIPAL ASSOCIATION DUES Clm Cotterill offered the following resolution and asked for its adoption . RESOLVED , that the Supervisor be authorized to transfer from Gen . Fund A S urplus $ 72 . 00 to Municipal Association Dues # 1920 . 4 2nd C1w Graham Roll call vote - all voting YES RESOLUTION # 127 TRANSFER FUNDS TO HIGHWAY GARAGE Clm Webb offered the following resolution and asked for its adoption . RESOLVED , that the Supervisor be authorized to transfer from Gen . Fund A S urplus $ 2 , 570 . 00 to Garage # 5132 . 4 . This takes into account $ 2 , 202 . 50 t he Board approved for an overhead door in Feb . 1977 . 2nd Clm Cotterill Roll call vote - all voting YES RESOLUTION # 128 TRANSFER FUNDS TO HIGHWAY SUPERINTENDENT AND PERSONNEL Clm Cotterill offered the following resolution and asked for its adoption . RESOLVED , that the Supervisor be authorized to transfer from Gen ; Fund A S urplus $ 744 . 70 to Personnel # 1430 . 1 and $ 192 . 22 to Highway Superintendent # 5010 . 1 - for a total of $ 936 . 92 . 2nd C1w Graham Roll call vote - all voting YES RESOLUTION # 129 AUDIT HIGHWAY BILLS Clm Cotterill offered the following resolution and asked for its adoption . RESOLVED , that the Highway Bills be paid as audited . 2nd Clm Webb Roll call vote - all voting YES RESOLUTION # 130 AUDIT GENERAL FUND BILLS C1w Graham offered the following resolution and asked for its adoption . RESOLVED , that the General Fund Bills be paid as audited . 2nd Clm Webb Roll call vote - all voting YES JUSTICE REPORTS Judge Sweetland - $ 1617 . 00 Judge Newhart - $ 2105 . 00 0 FINANCIAL REPORTS REVENUES EXPENSES G eneral Fund A $ 17081 . 04 $ 15510 . 60 G eneral Fund B 13560 . 28 778 . 92 Fire Protection District 23 . 03 - 0 - Federal Revenue Sharing - 0 - 1639 . 98 Highway Fund 38247 . 20 65512 . 34 RESOLUTION # 131 ADOPT PRELIMINARY BUDGET Clm Cotterill offered the following resolution and asked for its adoption . RESOLVED , the the Preliminary Budget be adopted by this Town Board and placed in the Clerk ' s Office for viewing by the public . 2nd Clm Webb Carried 217 RESOLUTION # 132 GRANT SPECIAL PERMIT CHARLES SEAMAN Clm Cotterill offered the following resolution and asked for its adoption . RESOLVED , that this Board grant a Special Permit to Charles Seaman for a sawmill with the only restrictions of 6 days a week , no Sunday operation . 2nd Clm Webb Carried Lance LaBar Special Permit . There was much discussion and the Town Board felt it was zoned residential and felt that the reason the special permit was granted in the first place was because of a special situation . S upv McCord stated that if a permit was granted for a business regardless o f the conditions that are put on it the Town Board is saying in effect t hat kind of business is compatible and should be allowed to operate • in that area . Clm Cotterill stated that when the original permit was granted it could n ot be carried on and onlly Mr & Mrs David Boylan could work there and n ot be leased and made clear it would be a terminated business when they q uit or left . RESOLUTION # 133 DENIED SPECIAL PERMIT LANCE LA BAR Clm Cotterill offered the following resolution and asked for its . adoption . RESOLVED , that it is the belief of the Town Board it is a residential area and should be developed as a residential area and that the first special permit was issued only on a one time basis for a special reason . 2nd Clm Webb Carried . N EW BUSINESS S chedule Nov . Town Board Meeting - Nov . 10th S chedule Public Hearing for Preliminary Budget - Nov . 10th 1977 Adjourned : 9 : 10 PM 4L2,4tmtc— W?-40044L, Town Clerk • I'.