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HomeMy WebLinkAbout1980-02-12 TOWN BOARD MEETING 3 7 FEBRUARY 12 , 1980 Minutes of the Town Board meeting held on the 12th of February 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 , Clm Webb , CIm Jordan , C1m Tarr C1m Metzger , Atty Perkins and Z . O . Stewart EXTENSION FOR CABLE TV Discussion on extension of cable TV on Virgil Rd and North Rd . Mr Suhanovsky , representative from Ceracche TV was present to answer any questions . Supv Cotterill stated that Mr David Lee , the former manager for Ceracche TV was at a meeting last spring and promised the Town Board that after the conversion was made from Sammons Communication in July or August the Town Board would receive some information from their company , in Sept . to when these extensions could be made . To this date there has been no information from Ceracche about these extensions . Mr Suhanovsky , first wanted to apologize for any delays and this information was not relayed to him when the change of managers took place . He said he had not seen any petitions for the extension for the 2 roads . Supv Cotterill said that there were some here on file and there also should be some in his office . Mr Suhanovksy said that they have done some preliminary studies on Virgil Rd and if they extend the cable approximately 6800 feet or 1 . 3 miles , this would include some of the side roads off Virgil Rd . The average cost per mile would be about $ 8400 . 00 which would be variable . With this in mind the extension would come to $ 10 , 920 . 00 . They did count 20 homes within the 1 . 3 miles . Mr Suhanovsky said that he tryed to find in the franchise what type of extension clause there was . In some franchies there in an extension ploicy clause which stipulates that if there are 35 homes within 1 mile Ceracche TV will build that extension with no extra cost to the subsbriber over the monthly charge . Supv Cotterill said that he was not sure , but our zoning ordinance does not even allow that many homes within one mile . We would have no sub- division or density that would meet that requirement outside of the villages . Mr Suhanovsky said that if the Town Ordinance does not allow 35 homes per mile than the matter would have to be looked into . Supv Cotterill said that the houses on Livermore Rd would be greater that most of our sub- divisions due to the regulations of the Health Dept . Mr Suhanovsky said that if the 35 subscribing homes per mile clause did apply to the extnesion the coust would be an additional cost of $ 200 . 00 per subscribing home which is considered a contribution in aid of construction , which is a one time charge plus the monthly charge . If more houses subscribe within a 2 year period there is a rebate made to the original subscribers on that extension . . On the preliminary study on North Road if they extend the cable 9500 feet or 1 . 8 miles there were 14 houses . Supv Cotterill said that this is where the citizens are a little irritated because the cable company hooks into a trailer park on Mott Rd . and gets 20 or more subscribers in a very small density and wanted to know why this couldn ' t be averaged in with the new extension . Mr Suhanovsky said it would be if it was done at the time of the extension . Supv Cotterill said that the cable company has been enjoying the gravy from all the trailer parks in the village and density areas and yet we have 10 or 15 houses in the next mile and this is creating a problem for line extension , which these people are being penalized . The houses from the Village of Dryden line out to a distance for these homes that want the cable should be one unit , than you will certainly get your 20 or 35 houses per mile . It is very typical for the cable company to go down the road and pick up an 11 unit apartment , but they will not go down the road that is a stones throw away , which finally took 5 years for them to get the cable service . Super Cotterill felt that this in not justifiable . The Town Board gave the franchise to to the cable companies that would service the areas . Atty Perkins read ` the franchise agreement that the Town of Dryden has with Ceracche TV , which stated that Ceracche TV would install cable service to serve residents in the town upon receipt of a petition signed by such owners of such residents to constitute an average of 20 homes per mile . The formula of charges whenever there are 20 or more subscribers per mile thate is the standard monthly charge . 15 to 19 subscribers - $ 9 . 00 ; 10 to 14 subscribers - $ 12 . 00 ; 5 to 9 subscribers is $ 24 . 00 monthly charge . Ceracche TV will not have any obligation for a line extension if there are 5 or less subscribers per mile . Atty Perkins said that according to the franchise , Ceracche would be obligated to put the line extension on Virgil Rd . and North Rd . Mr Suhanovsky said that this was somthing he had not seen and was not in his files so that he would have to check it out . There was some discussion and Mr Suhanovsky said that they would go out and take a new count of both areas and if they did find proper densidty it would be at least 3 months before they could get the cable because at this point in time there is a 3 month waiting time on material that is ordered . l. 1 'l I I � � I G. , I. I I I ' I; d� �i r iii I ! I t .111 , k: I , 1 1 III I Supv Cotterill felt that Mr William Sutton from North Rd should meet with Mr Suhanovsky and agree on a stopping point on North Rd . to see what would be feasible . Supv Cotterill also asked Mr Suhanovsky to report back to the Town Board in writting what can be done about the cable extension , what it will cost and at least a ball park figure as to when the installation will be made . Mr Suhanovsky presented the Town Board with a plaque in reaching 1 million subscribers on a corporate level . COUNTY BRIEFING Co Rep Watros wanted to report to the Town Board about the intersection of Ferguson Rd . , but , the county will not be meeting until Fri . the 15th of Feb . It is on the agenda to discuss the issue and reach some conclusion so that he could report back to the III town specific information as to what the county is going to do to relieve the hazard area and when . Co Rep Watros hoped that by after Fri he could respond to the towns concern in writing and see that the county does make good their plans . He felt assured after talking with several members of the planning committee and staff that at this lepoint it is generally accepted that changes should be made in that section and are looking to the town and individuals to assist in getting the r- o- w . They are looking at the possibility of turning the road into a county road due to the recorded traffic . volume with the recent traffic count that the county took . Co Rep Tillapaugh wanted to get the Town Boards advise about the county youth bureau . They have recommended a new position to assist the director to the youth bureau . The main purpose of having the assistant is to help evaluate the youth programs and also help to develop new programs throughout the county . Co Rep Tillapaugh felt that there is a need for this assistant and wanted the boards opinion as to whether or not this added service would be worthwhile ? Clm Metzger wanted to know if the Town of Dryden did have a representative . Co Rep Tillapaugh said that we did have , and he felt that the representative should be on the agenda to report to the board members . He felt that there was very poor communication between the representative and the municipalities . Supv Cotterill said that he would need more information as to what the youth of the Town of Dryden is going to gain by the increase in staff before he can make any decision . Clm Webb said that when he was on the transportation. committee that one of the frustrations was that there was never time to do individual town problems . This is why it is taking so long with Ferguson Rd . Since the transportation committe kept putting it off so it would never get to another committee for study . He felt that they system should be changed . Hwy Supt Humphrey wanted to know if there was any more information on the transportation bond issue . Supv Cotterill said that he has not received any more information . Approval of the minutes : Motion was made by Clm Metzger and 2nd by Clm Tarr that the minutes of the January 8th Board Meeting and Public . . Hearing on January 8th be approved as submitted . CITIZEN PRIVILEGE OF THE FLOOR 3 residents from Snyder Hill were present and wanted to know the status of the Snyder Hill proposed water dist . Atty Perkins said that he had spoken with Lozier Engineers and they are in the process of putting together some probable construction costs and some estimates for the extensions of sewers in the same area as the proposed water dist . Lozier Engineers response was that if you could make the boundaries coincide you would save a lot of engineering and legal expense . This is a highly rural area and more than likely the sewers can only be extended through part of it at a cost that would be borne by the residents . Lozier Engineers have promised to get back with some figures by the March meeting . Atty Perkins said that they pointed out that there might be extra delays if they wanted both water and sewer at the same time , because of the number of different agencies that are required and the different funding sources ; grants vs loans and the III availability of funds . . COUNCILMAN PRIVILEGE OF THE FLOOR RESOLUTION # 51 APPOINT JOHN COGIIEAIQ TO TOMPKINS . --kd COUNTY TRANSPORTATION COMMITTEE Clm Webb offered the following resolution and asked for its adoption . RESOLVED , that this Town Board appoint John Coghlan to the Tompkins County Transportation Committee to replace C1m • Webb . 2nd Clm Tarr . Carried Mr Coghlan reported on the meeting that there was some discussion concerning Ferguson Rd and Route 13 is waiting for the state to move ahead . Also if anyone does see a traffic hazard let him know , because things cannot be corrected unless they are heard about . 3c7 & ATTORNEY Atty Perkins reported with regard to the contract with the SPCA . The Town Board had directed Atty Perkins to contact the County Attorney with regard to the proposed contract with the SPCA . Atty Perkins posed 2 questions : 1 - would there be enforcement in the villages and 2- would there be dog enumeration on a yearly basis . Atty Perkins said if the board members have read over the proposed addendum to the - contract from the County Attorney it will be clear to you that 1 - the SPCA will not enumerate dogs , - as - we know they use the back door approach by saying that it is in our best interest to see that they are licensed by issuing appearance tickets to dogs that are not licensed , and by spot checking the computer list . They do not intend to go around and enumerate dogs or take a dog census . Supv Cotterill said that dogs come and go and they do increase . Unless you do a down the road check once a year you will not have all of the dogs licensed . We did not receive as good a dog enumeration this year as we did last year . There were 889 less dogs enumerated this year . It was brought up at a previous meeting with the SPCA that they would do 1 town a month . If the SPCA only goes out when they hear about a complaint then that means there will be a lot of dogs that aren ' t licensed . Supv Cotterill . felt that the SPCA would do this enumeration but , they don ' t want to put it in writting . Atty Perkins said that in the addendum it states that the SPCA will be responsible for ensuring that every dog harbored within each town is properly licensed . The SPCA is anticipating the possibility of utilizing past town dog enumerators in those communities that feel they have had a long-standing and highly effective eunumeration in past years . Co Rep Tillapaugh felt that theft attorney was getting phrases in the contract to cover for the SPCA so that the towns couldn ' t get back at them to say you agreed to do the enumeration but it is not being done . Atty Perkinssagreed with Co Rep Tillapaugh and felt they were using the back door approach and when he posed that question direct in those words to their attorney , he had to admit that it was yes , that they were not going to do dog enumeration . Atty Perkins said that they answered the other question in about the same manner . In the addendum it stated that for the sake of absolute clarity , please attach an up- to- date copy of your local dog control law to this addendum including any village statutes which we will be enforcing as per any town/village contract or agreement to provide dog control services . (Villages do not receive income from the new dog law , therefore it is recommended that villages contract with their town for any dog control services desired . Atty Perkins felt that the village residents are buying dog licenses in the town and they shouldn ' t have to contract with the town . What the contract is stating is that they will enforce the town statute but , they are going to charge you more to enforce the village . Supv Cotterill said that it was his understanding that if the town gave the SPCA all the dog monies that the town receives , but keeping 50 cents per dog for clerical costs and $ 5 . 00 per fine to help cover judges cost and everything else went into a dog fund , it would all be turned over to the county . They would enforce our dog control ordinance ' plus the villages for that many dollars and there would be no questions asked . Co Rep Watros said that they might be thinking that there might be a higher level of service required in the villages and for the higher level of service they would expect a higher fee . Supv Cotterill said that it was discussed during their meetings . The SPCA said that would be fine because they can write enough appearance tickets that the fines would help cover the costs . Therefore , the more they are out the more tickets they could issue and there would be not additional cost to the town for these services in the villages . What the village wanted to be enforced was a patrol on garbage days . Supv Cotterill said that he would contact George Patte Jr to get together with our attorney so that we can get this wording clarified . Atty Perkins also reported on the LVRR abandonded property . LVRR would like to sell the town 118 acres of abandonded railroad property in the Town of Dryden at a purchase price of $ 250 . 00 per acre for a total of $ 29 , 500 . 00 . However , they do not want to do it right away , they want the town to enter into a lease agreement for a period of a year from Jan 1 , : 1980 to Dec 31 , 1980 for $ 1 . 00 and they are willing to waive payment . They also want the town to sign a purchase and sale agreement on the above terms . The 118 acres include from the Dryden Village line south to West Lake Rd ; the Dryden Village line to Freeville Village line ; Freeville Village line to Ithaca Town line and from Freeville Village line to Groton Town Line . They would also want the closing to take place no sooner than 6 mos from the date we sign the contract of purchase and no later that 18 mos thereafter . Atty Perkins felt that the town would in no way be in a position for leasing this property because of the problems involved . He felt that there is significant interest from adjoining property owners north of the Freeville line to Groton and Freeville to Ithaca . The town ' s interest in acquiring this property is for utility purposes only and to have easements on the property before it is sold to the property owners . He felt that the Town Board should make a counter offer to LVRR , same price , same property , and same closing but , let the town have an option to do it within that period of time and this will give the property owners that much time to decide about purchasing the property . 36 RESOLUTION # 52 PURCHASE OFFER TO LVRR ABANDONDED PROPERTY Clm Tarr offered the following resolution and asked for its adoption . RESOLVED , that the Town Board authorize Attorney Perkins to negotiate an option for the abandoned LVRR railroad property situated within the Town of Dryden at a purchase price of $ 250 . 00 per acre . BE IT FURTHER RESOLVED , that if the terms of options are the same as the agreement of purchase and sale previously negotiated that the supervisor is authorized to sign the options agreement on behalf of the town . 2nd Clm Webb Roll call vote - all voting YES TOWN ,CLERK Licensed 1625 dogs to date . Has collected $ 615 , 191 . 19 in taxes to date There are 325 unlicensed dogs left . RESOLUTION # 53 AUTHORIZE TOWN CLERK TO PURCHASE ONE • • VOTING MACHINE Clm Webb offered the following resolution and asked for its adoption . RESOLVED , that this Town Board authorize the Town Clerk to purchase 1 voting machine with printed return mechanism and the Supv be empowered to make the necessary transaction not to exceed $ 3 , 000 . 00 . 2nd Clm Metzger Roll call vote - all voting YES ZONING OFFICER , 2 building permits for the month of January . 1 - for a milk house , which the ZBOA granted a variance . 2- convert part of a basement into a kitchen . ZBOA was to have had a hearing but was canceled . Robert A1co.n _ wanted a slaughter house on the corner of Rt 13 and Livermore Rd . but the Health Dept would not accept it . Z . O . Stewart has been working on updating the directory.: It is ready to give back to Jack Miller for another run to get it in order . Supv Cotterill gave Z . O . Stewart authority to go ahead with the directory and when he receives another print out to get a price for printing the directory . The last time the directory was printed the town sold advertising to help cover the cost . Co Rep Tillapaugh wondered if anyone had approached ZO Stewart in regard to the use of the Springwater Motel . It seems to be used for purposes other than a motel . It seems they are now renting the roomSto college students . There was a question raised that it was getting more use than it was used as a motel , which there seems to be a smell of sewage . Z . O . Stewart said that he would ask the Health Dept to check into this matter . Z . O . Stewart asked the boards permission to purchase a new typewriter . RESOLUTION # 54 AUTHORIZE ZONING OFFICER TO PURCHASE NEW TYPEWRITER Clm Webb offered the following resolution and asked for its adoption . RESOLVEQ , that this Town Board authorizes Z . O . Stewart to purchase a new typewriter not to exceed $ 1 , 000 . 00 2nd Clm Jordan Roll call vote - YES HIGHWAY . The Town Board authorized Hwy Supt Humphrey to release 800 gallons of our gas to Bolton Point since they did not receive an allotment . Clm Webb said he had received a request for a sign on Ed Hill Rd . CORRESPONDENCE Letter from NYSDOT with regard to Rt 13 to make a no passing zone between Rt 366 & Ringwood Rd . , • Letter from Varna Fire Co . with regard to 1980 budget contract . RESOLUTIONE # 55 APPOINT YOUTH RECREATION COMMISSION -:-- Clm Tarr offered the following resolution and asked for its adoption . RESOLVED , that this Town Board appoint the Youth Recreation Commission for 1980 as follows : Leslie Cleland , Chairman ; Harold Fries ; Carol Burgess ; Gary Sheeley ; James Thorpe ; William Shepard and Tom Fuller . 2nd Clm Metzger Carried RESOLUTION # 56 TRANSFER FUNDS FROM CONTRACTUAL 1110 . 4 to Equipment 1110 . 2 Clm Metzger offered the following resolution and asked for its adoption . RESOLVED , that the Supv be authorized to transfer $ 9 . 00 from Judge Newhart Contractual 1110 . 4 to equipment 1110 . 2 . 2nd Clm Jordan Roll call vote - all voting YES 3 ' 7 c2 RESOLUTION # 57 TRANSFER FUNDS FROM APPROPRIATED FUND BALANCE TO CONTRACTUALL 1111 . 4 Clm Tarr offered the following resolution and asked for its adoption . RESOLVED , that the Supv be authorized to transfer $ 409 . 80 from Appropriated Fund Balance to Judge Sweetland contractual 1111 . 4 for jury trial expenses . 2nd Clm Webb Roll call vote - all voting YES RESOLUTION # 58 APPROVE RECORDS OF THE FINANCIAL RECORDS - TOWN OF DRYDEN 1979 Clm Metzger offered the following resolution and asked for its adoption . RESOLVED , that this Town Board approve the records of the financial records of the Town of Dryden for the year 1979 . 2nd Clm Webb Carried RESOLUTION # 59 AUTHORIZE SUPV TO FILE RECREATION ° II il. APPLICATIONS FOR STATE AID WITH NYS DIVISION FOR YOUTH - 1979 Clm Jordan offered the following resolution and asked for its adoption . ®) RESOLVED , that this Town Board authorize the Supv to file the recreation application for State aid with the NYS Division for Youth for 1979 . 2nd Clm Webb Carried RESOLUTION # 60 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 Jordan Roll call vote - all voting YES RESOLUTION # 61 GENERAL FUND BILLS Clm Webb offered the following resolutuion 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 - $ 1978 . 00 Judge Newhart - $ 3000 . 80 Judge Sweetland submitted his annual report to the board members . FINANCIAL REPORTS REVENUES EXPENSES General Fund A $ 44452 . 28 $ 49031 . 58 . General Fund B 12279 . 57 . 724 . 00 Fire Protection District 70756 . 00 625 . 77 Federal Revenue Sharing 15335 . 08 - 0 - Highway Fund 145967 . 93 23610 . 63 RESOLUTION # 62 SUPPORT NEW CIVIL SERVICE LAW Councilman Webb offered the following resolution and asked for its adoption ° RESOLVED , that this Dryden Town Board support the recommendation of the new civil service laws which are under consideration in the State Legislature including : - increased managerial flexibility in terms of selection , transfer and promotion practices ; - added incentives to improve performance , such as the use of on - the- job performance ratings and merit pay raises ; - revision of the one- in - three rule for eligibility list selection procedures ; and - expansion of the managerial /confidential class of employees . 2nd by Councilman Tarr Roll call vote - Councilman Webb Councilman Tarr Councilman Metzger a Councilman Jordan Supervisor Cotterill Adjourned : 10 : 00 PM (*ice_ Susanne Lloyd Town Clerk E;