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HomeMy WebLinkAbout1978-03-14 E Ad �F { t9 t� TOWN BOARD MEETING March 14 , 1978 Minutes of the Dryden Town Board meeting held on March 14th . Supv Cotterill called the meeting to order at 7 : 30 PM Members and guests participated in the pledge of allegiance Roll call was by the Town Clerk . Present : Supv Cotterill , Clw Graham , Clm Metzger Atty Amdur , Clm Webb , Clm Tarr and Z . O . Stewart Approval of the minutes : Motion was made by Clm Metzger and 2nd by Clm Tarr that the minutes of the February meeting be approved as submitted . COUNTY BRIEFING • County Rep Watros reported that there had been a meeting in regard to the LVRR abandonment from Freeville to Cortland . There is another meeting set up for the 27th of March to hear any comments , then a decision will be made by the County Board of Representatives as to the action that will be taken . County Rep Watros felt that the Town of Dryden and Village of Freeville should submit a statement to the county as to what they feel should be done . Also Freeville has started in phase # 1 of their sewer study . The Route 13 corridor is still pending . The plans have been sent to Cortland County for their review . Clw Graham wanted to know if some of these properties in the Town of Dryden , that butt on the railroad r - o-w , there were clauses stating that the property would revert back to the landowner in the event that it was abandoned . County Rep Watros stated that these people had formed an association , representing some 20 owners that own property adjacent to the railroad . There was some discussion . County Rep Tillapaugh reported that there was a soil conservation dist . meeting . The DEC had been designated to make a survey in the past of certain areas that state certain streams , creeks , etc . Previously to that , one area was not a designated area , which was the southern tier . The Town of Dryden is part of that area. Sometime between now and November of 1978 a survey will be taken of pollution in these creeks , and streams . CITIZEN PRIVILEGE OF THE FLOOR Herm Kramer from Malloryville Road and several neighbors approached the Town Board to see if anything could be done about the flooding in Fall Creek that usually happens every spring on their property . There was some discussion . Supv Cotterill stated that the property owner could get permission from DEC but there is a lot of liability once you go into a stream , which the town does not want to get involved . Clm Webb asked if they had flood insurance , which has been made available to residents of the Town of Dryden . Supv Cotterill stated that DEC will not allow anyone in the stream without a permit . They will give permits under emergency situations , but you have to follow their instructions . The decision was made that Hwy Supt Humphrey would go over and check the ditches along the highway to see if they were cleaned out so as not to cause a problem with any runoff . Dr . Jacobson , Mr Gould and Mr Watros from the Dryden Kiwanis Club approached the Town Board for funds to help build a summer -winter pavilion in Montgomery Park . There is a tennis court , baseball diamond , and bandstand there now . The Kiwanis Club is going to provide the labor and money received from their auction . The Kiwanis Club would like the Town of Dryden and Village of Dryden to donate equal amounts of money not to exceed $ 6 , 000 each towards building material which has been estimated at $ 12 , 000 . Each board member was presented with a plot plan of the building . Clm Webb wanted to know who would maintain the building and he responsible . Dr Jacobson stated that since it was in the village and on the village property , he felt that the village would take over the ownership , maintenance and operation like they have the tennis courts and bandstand . The Kiwanis is planning this as a 1978 project . COUNCILMAN PRIVILEGE OF THE FLOOR Clw Graham wanted to know if anyone had been named yet to the County Transportation Committee ? Supv Cotterill stated that they have not found anyone at this time . Also wanted to know what the progress was on Crystal Drive and the r - o-w between the Arrowsmitri property and the town . Atty Amdur stated that she had reported at the last meeting , that it was now in the hands of Arrowsmith ' s attorney . Atty Amdur had done all that she can do , she has spoken to the attorney and written several times . The answer was that he would get around to it . ATTORNEY Reported that she had received the Supreme Court decision in regard to the Special Permit that the Town Board had granted to Francois Carlo Boeres for a restaurant . Atty Amdur left copies of the order and decision with the Town Clerk , for anyone interested to ✓ ead the details . The Supreme Court did rule in favor of the Dryden Town Board . Atty Amdur called the attorney representing Mr Boeres , who had also received a copy of the decision . Unfortunatley there was a limited time that Mr Boeres had to get his permit . Mr Boeres had waited beyond that time before he asked for his deposit back . Since that time he is going to build somewhere near Syracuse . Atty Amdur had received information in regard to DOT rail-highway grade crossing programs . According to their records the following town roads remain on their program . 1- West Lake Rd . 2- Chaffey Rd . and 3- Keith Lane . Future abandonment of said lines are a possibility . However , they do not have a date for such a happening at this time . Included in the contract for the reference program are as following " rail- ✓ oad highway crossings where the tracks have been abandoned or are scheduled for abandonment within the coming year shall be deleted from this contract as ordered by the engineer " Taking notice from the preceeding this office recommends that the Town of Dryden adopt this resolution . RESOLUTION # 57 NYS DOT PROPOSED RAIL-HIGHWAY CROSSING PROGRAM PROJECT Clm Metzger offered the following resolution and asked for its adoption . WHEREAS , the New York State Dept of Transportation has proposed a Rail-Highway crossing Program Project , pursuant to Section 203 of the Federal Safety Act of 1973 as amended by Section 203 of the Federal Highway Safety Act of 1976 , and WHEREAS , the New York State Dept of Transportation has notified this Board of the approval of plans and specifications for such a Rail-Highway Crossing Program Project , for the Rail-Highway which are under the jurisdiction of the municipality and which project is more completely described as the installation of railroad warning signs and railroad pavement markings , and WHEREAS , the New York State Dept of Transportation has made known its intention to advertise a contract for the above described improvement and has requested an agreement from the Board to the effect that it will permit the State , its agents , and employees to enter upon the highways , roads , and / or streets under the jurisdiction o f the municipality for the purpose of performing the above described improvement . ` NOW , THEREFORE , BE IT RESOLVED : that the Town Board of the Town of Dryden of Tompkins County , New York duly convened in legal session held on the 14th day of March , 1978 , does hereby approve of the above described improvement to be performed on the highways , roads , and / or streets of this municipality and does hereby agree with the State Dept of Transportation that the authorities will permit the State , its agents , and employees to enter upon the highways , roads , and / or streets of the municipality for the purposes of carrying out the above described Rail-Highway Crossing Program Project , and IT IS FURTHER RESOLVED : That • the Board of Trustees of this municipality does hereby agree with the State Dept of Transportation that the municipality shall retain jurisdiction over the highways , roads , and / or streets within the project area and hold harmless the State o f New York for any damage to the property or persons of others due to the performance of any of the employees or agents of the municipality , and IT IS FURTHER RESOLVED : That upon completion of the above described Rail-Highway Crossing Program Project , the municipality will maintain the improvement and the highways , roads , and / or streets so improved in accordance with the New York State Highway Law and the Federal Highway Safety Acts of 1973 and 1976 and Federal Standards and criteria in connection with such project . RESOLVED : That for the Rail-Highway Crossing Program Project , the municipality agrees to schedule any highway resurfacing so that it will not obliterate newly painted markings , except as necessitated by emergency situations whereby ✓ esurfacing is essential to maintaining proper traffic operations , except for Keith Lane , which is scheduled to be resurfaced by the Town Highway Department in 1978 , IT IS FURTHER RESOLVED , That the Clerk of this Board is hereby directed , within ( 10 ) days after the adoption of this Resolution , to transmit five ( 5 ) certified copies o f the foregoing Resolution to the New York State Department of Transportation . 2nd Clm Webb Roll call vote - all voting YES RESOLUTION # 58 RELINQUISHING PREFERENTIAL RIGHT TO ACQUIRE ABANDONED RAILROAD PROPERTY Clm Webb offered the following resolution and asked for its adoption . WHEREAS , the Town of Dryden has heretofore acquired jointly with the County of Tompkins , Town of Groton , and Village of Freeville , a preferential right to acquire a portion of the abandoned railroad property , which is known and identified generally as a portion of the Lehigh Valley Railroad Company , Elmira , Cortland and Northern Branch from Freeville , Tompkins County (M . P . 59 . 4 ) extending to Cortland , Cortland County (M . P . 67 . 8 ) as shown on Index Map Evaluation Section 19 , Tompkins and Cortland Counties , State of New York , and WHEREAS , the Town of Dryden does not desire to exercise such preferential right and desires to relinquish such preferential right to the New York State Department of Transportation pursuant to an assignement and authorization by said New York State Department of Transportation dated March 16 , 1977 , and • WHEREAS , it is the desire of the Town of Dryden to see that said abandoned railroad property is returned to the adjacent property owners , and it is also the desire of the Town of Dryden that the County of Tompkins relinquish its preferential right , NOW , THEREFORE , the Town of Dryden does hereby assign and relinquish its preferential right to acquire a protion of the abandoned railroad property to the New York State Department of Transportation , subject to the adoption of similar resolutions by the County of Tompkins , Town of Groton , and Village of Freeville . 2nd Clm Tarr Carried Atty Amdur reported that with regard to the emergency generator for the sewer dist . in Varna . It would come under the regular maintenance charges for the dist . There was some discussion . If it is under $ 2500 there is not any need for engineering plans , specifications or public hearings . Mr Case had gotten an estimate for a 12 ' x 14 ' building with a 9 ' x 7 ' overhead door from Cotton Hanlon at approximately $ 1050 delivered . This price was good for 60 days . The Town Board felt that it could be built for about $ 2 , 000 . Supv Cotterill felt that maybe a meeting should be held with the sewer dist to let the people know what is going on . RESOLUTION # 59 AMENDEMENT TO THE ZONING ORDINANCE Clw Graham offered the following resolution and asked for its adoption . RESOLVED , that this Town Board hold a public hearing on April 14th , 1978 at 7 : 30 PM to consider the amendement to the zoning ordinance on the definition of structure . The definition would include 1- Structures include buildings of a size exceeding 150 square feet , 2- swimming pools designed for a depth of 3 feet or more , 3- All buildings , regardless of size , shall be erected in compliance with the setback requirements for their respective districts . 2nd Clm Metzger Carried TOWN CLERK Received in taxes for the month of Feb $ 72 , 589 . 02 Penalty for taxes were $ 359 . 07 Outstanding bills $ 178 , 397 . 00 58 dogs on delinquent list . ZONING OFFICER 1 building permit for the month . Z . O . Stewart reported that he had been down to Varna to check the Red Bell Grocery Store which there had been several complaints as being an unsafe / hazardous building to the public . They had moved part of their store to another section , because part of the wall had caved in and full of mud . The section that they are in now , the wall is cracked , also the wall board is all rippled which at one time was smooth . Z . O . Stewart felt that it was an unsafe building . • There was some discussion . Atty Amdur stated that Z . O . Stewart could contact Dr Gaffney from the Health Dept , Charles Howell who is the state inspector or Prof Dynek from Cornell . The Town Board felt that this should be taken care of immediately since there have been complaints made . Also wanted to know how much time should be give to have the old barn torn down in Etna , near the airport , that is on the Russell Prince property . The Etna Community Assoc does not want to buy the building now . Since it is in an estate Atty Amdur suggested that Z . O . Stewart send Mr Ward , their attorney a copy of our town ordinance and give them 30 days to clean up the property . • 65 : HIGHWAY SUPERINTENDENT There was some question as to whether or not there had been a r - o-w deed to the town off Crystal Drive by the Gibson property . Atty Amdur and Hwy Supt Humphrey would check because of the sub- division that was going to be built on the Maser property . RESOLUTION # 60 ACCEPT BID ON 3 AXLE DUMP TRUCK Clm Metzger offered the following resolution and asked for its adoption . RESOLVED , that this Town Board accept the bid for $ 53 , 747 . 68 from Bresee Chevrolet Company Inc for one new heavy duty tandem drive 3 axle dump truck . 2nd Clm Webb Roll call vote all voting YES CORRESPONDENCE Dryden KIDD ' S monthly report Letter from NYSE&G denial of request for street light - to much glare on the road . Supv Cotterill stated that he would check further on this matter . • There was some discussion in regard to the town donating money for the . summer -winter pavilion in the village . Atty Amdur is going to check on the legality for the Town Board to donate money since it would be built in the Village of Dryden . There was some discussion on a dog ordinance . Judge Newhart supplied the Town Board members with a copy of the dog ordinance in the Town of Ithaca . RESOLUTION # 61 APPOINT COUNTY SEWER PLANNING COMMISSIONER Clm Webb offered the following resolution and asked for its adoption . RESOLVED , that this Town Board appoint Jon Metzger to the County Sewer Planning Commission . 2nd Clm Tarr Carried RESOLUTION # 62 TRANSFER STATE ANTIRECESSION Clm Tarr offered the following resolution and asked for its adoption . RESOLVED , that this Town Board approve the transfer of State Antirecession money to the Highway # 4 for expenditure on highway payroll , in the amount of $ 9 , 552 . 04 2nd Clm Webb Roll call vote - all voting YES RESOLUTION # 63 TRANSFER FEDERAL ANTIRECESSION Clw Graham offered the following resolution and asked for its adoption . RESOLVED , that this Town Board approve the transfer of Federal Antirecession money to the Highway # 4 for expenditure on highway material and supplies in the amount of $ 1 , 638 . 12 2nd Clm Metzger Roll call vote - all voting YES RESOLUTION # 64 AMEND FREEDOM OF INFORMATION LAW Clm Metzger offered the following resolution and asked for its adoption . RESOLVED , that this Town Board amend the existing rule concerning the Freedom of Information Law pursuant to (Public Officers Law § 89 ( 1 ) ( b ) ( iii ) and appoint the Town Supervisor as Fiscal Officer . 2nd Clm Webb Carried RESOLUTION # 65 AUDIT HIGHWAY BILLS Clm Metzger 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 # 66 AUDIT GENERAL FUND BILLS Clw Graham offered the following resolution and asked for its adoption . RESOLVED , that the general fund bills be paid as audited . 2nd Clm Tarr Roll call vote - all voting YES • JUSTICE REPORTS - Judge Sweetland - $ 1683 . 00 Judge Newhart - $ 1909 . 00 FINANCIAL REPORTS REVENUES EXPENSES General Fund A $ 11561 . 84 $ 27078 . 27 General Fund B 243 . 91 784 . 63 Fire Protection District 27 . 48 68100 . 00 Federal Revenue Sharing - 0 - 4 . 85 ARFA Fund - 0 - - 0 - 1 Highway Fund 264461 . 83 27319 . 42 NEW BUSINESS Public Hearing - April 11th to amend Zoning Ordinance in regard to definition of the word structure . Adjourned : 11 : 00 PM ;... .2• Aa. t-- t . i. __ • S af4 66- usanne Lloyd Town Clerk