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HomeMy WebLinkAbout1980-06-10 57 TOWN BOARD MEETING June 20 , 1980 Minutes of the Town Board meeting held on the_ 10th of June Supv Cotterill called the meeting to order at 7 : 40 PM Members and guests participated in the Pledge of Allegiance Roll call was by the Town Clerk : Present : Supv Cotterill , Clm Tarr , Clm Webb , Clm Metzger , Clm Jordan , Atty Perkins and Z . O . Stewart Approval of the minutes : Motion was made by Clm Tarr and 2nd by Clm Metzger that the minutes of the May 27th public hearing and special meeting be approved as submitted . COUNTY BRIEFING Co Rep Tillapaugh reported that at the County Planning & Public Works Committee meeting there was to be discussion on Ferguson Rd and Irish Settlement Rd but , was not on the agenda because the county officials had not had time to contact the landowners . Supv Cotterill said that the county had hasked him and Hwy Supt Humphrey to look at the plans before their meeting . They had 5 alternatives , 3 were not even considered because they would involve purchasing the barn at a cost of $150 , 000 to $ 200 , 000 . They had 2 alternatives : 1 - was leaving the road where it is and digging more ditches and moving a building that is near the edge of the road and more restrictions . 2- was to realign the road the way the Town of Dryden had suggested . When they came right down to it the county said that they were not in favor of doing anything to realign roads . They wanted to get everything laid out and drawn up before they approached Mr Cook with either signing the agreement or they would condemn the road . Supv Cotterill said that he nor the town would have any part of this type of situation . Supv Cotterill said to his knowledge they have not approached Mr Cook as of tonights meeting . Co Rep Tillapaugh said that he would speak with Jim Ray about this matter . Co Rep Tillapaugh reported that the county did approve a resolution for the planning committee department to do some planning on public transportation to Dryden , TC 3 and Freeville . CITIZEN PRIVILEGE OF THE FLOOR Mr Ed Salino from Ringwood Rd presented the To v pfard a th g etitip for the consideration of cable service on Ringwood Rd ./ Mr Salino asai ,ia hl Pad been to the office at Ceracche TV and they wouldn ' t even talk to him . Atty Perkins said that the town does have a franchise to service areas of the Town of Dryden including areas that were formerly serviced by Sammons Cable Service . There is a formula for extension of service within the Town of Dryden . If you don ' t live in a serviced area and you come under the extension provisions there has to be a certain density of houses per mile . Mr Salino said that within a mile and a half from where it now stops there are 20 houses and he has close to 100 names on the petition . Mr Salino wanted to know how long it would take before they could have an answer . Supv Cotterill said if we have any information the Town Clerk will _call and if he has not heard anything in 3 months to call the office . - ' .. Atty Perkins will forward the petition to Ceracche TV so that a feasibility study can be done on Ringwood Rd . There was discussion on whether or not a raffle was allowed . Atty Perkins said that it was not covered by the specific proposed local law of games of chance . The law and the regulations of the NYS Racing and Wagering Board specifically define what are the types of games of chance . They include Craps ; Roulette ; Black Jack ; Big Six ; Money Wheel ; Chuck-A- Luck ; Hazard ; Under and Over Seven ; Beat the Dealer ; Merchandise Wheels ; Big Nine ; Color Wheel and any other games of chance which has been approved in writing by the Wagering Board . So a fireman ' s raffle would not be covered by this proposed local law . If the proposed local law is passed in the November election it will become effective on January 1981 , and you will have to obtain a license from the Town Clerk before you can conduct any games of chance . RESOLUTION # 90 PROPOSED LOCAL LAW # 80- 1 GAMES OF CHANCE Clm Tarr offered the following resolution and asked for its adoption : RESOLVED , that this Town Board adopt a proposed Local Law # 80- 1 " Town of Dryden Games of Chance Law" subject to its submission to the qualified electors approval at the General Election on November 4 , 1980 . 2nd Clm Metzger Roll call vote - all voting YES COUNCILMAN PRIVILEGE OF THE FLOOR a 75 RESOLUTION # 91 INTERMUNICIPAL WASTEWATER FACILITY AGREEMENT STEP II PROPOSAL ESTABLISHED BY THE CITY OF ITHACA , TOWN OF ITHACA AND THE TOWN, OF DRYDEN Clm Metzger offered the following resolution and asked for its adoption : WHEREAS , the City of Ithaca is currently completing a Facilities Plan for an upgraded sewage treatment facility , and WHEREAS , said plan outlines the elements of the proposed treatment plant , including a sewer service area , and WHEREAS , a Sewer System Planning Committee has been established by the City of Ithaca , the Town of Ithaca , and the Town of Dryden , and such Committee has already negotiated an agreement on the financing of the Sewer System Evaluation Survey , and said agreement has been adopted by the respective municipalities , NOW THEREFORE , BE IT RESOLVED , that it is agreed among the City of Ithaca , the Town of Ithaca , and the Town of Dryden that it is their joint intent that the proposed upgraded sewage treatment facility will treat the sewage collected within the general limits of the aforementioned sewer service area , and BE IT FURTHER RESOLVED , that these three municipalities will continue negotiations through the Sewer System Planning Committee with the intention of reaching an intermunicipal agreement prior to completion of the design phase with respect to the ownership , operation , and financing of the proposed facilities , and BE IT FURTHER RESOLVED , that such an agreement shall include a system of equitable user charges and a comprehensive sewer use ordinance or regulations which will provide for , among other things , such industrial pre- treatment program and such industrial cost recovery as may be required by U . S . Environmental Protection Agency regulations . 2nd Clm Jordan Carried . ATTORNEY Atty Perkins reported on the Deed of Correction for Beechnut Terrace , Mr Phil Arneson has a sub- division known as Beechnut Terrace . It seems that the previous offer to dedicate the road the deed was accepted by this Town Board and it described the road which was shown on the sub- division map as revised until Dec . 4 1978 . However , it appears the road was not constructed according to the actual sub- division map and deed . It appears the road was constructed according to a profile and acceptance map . The deed did not confrom to the profile and acceptance map . There was such a substantial difference that Atty Perkins requested the developer go back to the Planning Board and convince them that there was no reason that they should revoke it , they found an innocent error . . a mix , up of communication between attorney ., the .surveyor . and the dev_ eZoper . Accordingly they took no position with it and recommended that the Town board accept the Deed of Correction which will correct the description of the road , so that the description in the deed will confrom with the profile and acceptance map and sub- division map as last revised and as the road was infact built . RESOLUTION # 92 ACCEPT OFFER OF REVISED DEED FOR BEECHNUT TERRACE Clm Metzger offered the following resolution and asked for its adoption : WHEREAS , the : Town of Dryden has heretofore accepted an Offer of Dedication of Beechnut Terrace by deed dated March 21 , 1979 , and recorded April 12 , 1979 , in Liber 570 of Deeds at page 151 in the Tompkins County Clerk ' s Office described according to certain subdivision map of Beechnut Terrace dated June 27 , 1978 , and revised December 4 , 1978 , and WHEREAS , It has become necessary to correct the description for the road to be known and designated as Beechnut Terrace according to a map entitled " Profile and Acceptance Map of Beechnut Terrace" dated June 27 , 1978 , and last revised December 4 , 1978 , which map was filed in said Clerk ' s Office on April 12 , 1979 , in Cabinet 1 , Envelope 175 , and WHEREAS , the road has been constructed according to the Profile and Acceptance Map of Beechnut Terrace and the deed to the road does not conform to the Profile and Acceptance Map and an offer has been made by Phil Arneson to correct the deed for Beechnut Terrace and ` WHEREAS , the : said Phil Arenson has delivered to the Town Attorney the deed of correction in a form satisfactory to him , NOW THEREFORE , BE IT RESOLVED , by this Town Board , that the Town of Dryden hereby accepts the offer of dedication of Beechnut Terrace as more particularly made by a certain deed dated May 30 , 1980 , between . Phil A Arneson and the Town of Dryden , which deed correctly describes the road to be known as Beechnut Terrace according to the " Profile and Acceptance Map of Beechnut Terrace " filed in the Tompkins County Clerk ' s Office and of a certified copy of this resolution , the road designated and known as Beechnut Terrace and as described in said Deed of Correction , shall be a Town Road and the same shall be added as corrected on the official Town Map , as the case may be , and the Town Highway Superintendent is authorized and directed to take all steps necessary to maintain ` said Beechnut Terrace as a Town Road from this day forward . 2nd Clm Webb Carried .376 TOWN CLERK Meeting will be held on June 18th of the Tomp Co Municipal Official Assoc . at the Party House at 7 : 00PM RESOLUTION # 93 AUTHORIZE THE TOWN CLERK TO ATTEND TOWN CLERK SCHOOL IN SYRACUSE Clm Webb offered the following resolution and asked for its adoption . RESOLVED , that this Town Board authorize Town Clerk Lloyd to attend Town Clerk school in Syracuse August 17 , 18 , and 19th and pay the expenses . 2nd Clm Jordan Roll call vote - all voting YES RESOLUTION # 94 TAX RECEIPTS NOT SENT BACK UNLESS REQUESTED Clm Webb offered the following resolution and asked for its adoption . RESOLVED , that this Town Board authorize the Receiver of Taxes to insert with the tax bills a note stating that receipts will not be mailed back unless they enclose a self- addressed stamped envelope . Their' cancelled check is their receipt . 2nd Clm Jordan Carried RESOLUTION # 95 PARTICIPATION IN IMPROVED TRANSPORTATION • BOND ACT Clm Metzger offered the following resolution and asked for its adoption . RESOLVED , that this Town Board approve the participation in a Safer Local Roads and Streets Program , and authorizing the construction of the Program by municipal forces or by competitively let contract , with oversight of the Program by the County of Tompkins as provided for in the Program Guidelines and the State-County Agreement , with municipal participation in the costs of the Program , and municipal maintenance of the completed improvements . WHEREAS , Pursuant to Chapter 369 of the Laws of 1979 , the Energy Conservation Through Improved Transportation Bond Act , and Chapter 53 of the Laws of 1980 , the New York State Legislature authorized and appropriated funds for a statewide Safer Local Roads and Streets Program , and WHEREAS , pursuant to these statutes , the New York State Department of Transportation has apportioned program funds to the municipality as follows : State Bond Funds ( $87 , 957 . 00 ) plus Local Match ($ 29 , 319 . 00 ) = $117 , 276 . 00 Total Program . NOW THEREFORE , BE IT RESOLVED , that the municipality shall participate in the Safer Local Roads and Streets Program , pursuant to the terms of the Bond Act , the Program Guidelines and the State- County Agreement , and it is further RESOLVED , that construction of the Program shall be by municipal -forces or by competitive bid letting , with oversight by the County Superintendent ; and it is further RESOLVED , that the municipality shall participate in the costs of the Program , with 75 % reimbursement by State Bond Funds ; and it is further RESOLVED , that upon completion of the Program , the Town of Dryden shall at its own expense properly maintain the completed projects (s ) . IT IS FURTHER RESOLVED , that the Highway Superintendent be and he hereby is authorized to sign all project applications ( TE 215 ) 2nd Clm Webb Roll call vote - all voting YES RESOLUTION # 96 LOCAL DOG FEE Clm Webb offered the following resolution and asked for its adoption . RESOLVED , that this Town Board keep the local dog fee at $ 2 . 50 for the year 1981 2nd Clm Jordan Carried There was some discussion about the dog quarantine order . Supv Cotterill was wondering if the county was going to do the dog control for wild life or does each town have to enact a local quarantine . He felt that it should be county wide . Supv Cotterill wanted to know the status on the LVRR r- o- w . Atty Perkins said that he has sent letters out to the property owners . He is doing it in sections since there is such a big area involved :' ZONING OFFICER 13 building permits issued for the month of May . 5 homes , 2 mobile homes , 3 additions , 1 garage , 1 storage building and Ellis Hollow Assoc . is converting a storage building to a pre- school building . ZBOA did not have a meeting for this month .. Z . O . Stewart reported that on the Robert Russell property there is no time limit once a variance is approved on a property unless otherwise specified by the ZBOA . Z . O . Stewart reported that he had received some phone calls about a rock concert being held on Caswell Rd in Etna . He had checked with Atty Perkins to see if it would be an allowed use . It would be an allowed use with Health Dept approval . :3 97 - z . 0 . Stewart said that it was advertised in the Grapevine and Steve Lucente did get Health Dept approval for 200 people so he did issue him the permit and also told him that he should contact the ABC Board . It turned out that it was cancelled for the 7th of June and will be held on the 14th of Juen . There was some discussion concerning an ordinance for large gatherings . Atty Perkins said that he has written for some model ordinances on large gatherings , but has not received any information back yet . He will then make a proposal when he does . You have to consider freedom of assembly and you have to consider the town , county and state ' s rights also . RESOLUTION # 97 TOWN ROADS AND MILEAGE FOR THE • TOWN OF DRYDEN " 6 .15- 80 Clm Jordan offered the following resolution and asked for its adoption : RESOLVED , that these are the correct town roads and mileage for the Town of Dryden as of June 15 , 1980 : Baker Hill Rd 1 . 42 Hanford Dr . 19 Red Mali Run 1 . 13 Beam Hill Rd 2 . 58 Hanshaw Rd 1 . 03 Red Mill Rd . 94 Beechnut Terr . 35 Hart Rd . 86 Redwood Lane . 37 co'cr 14 Besemer Hill Rd 1 . 11 Hickory Circle . 64 Ringwood Court Agest . 36 Bone Plain Rd 3 . 98 Hickory Rd . 46 Ringwood Court West . 36 Bradshaw Rd 1 . 81 Hile School Rd 1 . 82 Sapsucker Woods Rd 1 . 45 Bridle Lane . 30 Hollister Rd . 96 • Schutt Rd 1 . 22 Brooklyn Rd : 47 Hunt Grove Rd . 12 Schwan Dr . 15 Cady Lane . 79 Hunt Hill Rd 2 . 58 Scofield Rd . 66 Canaan Rd 1 . 86 HuntersiLane . 40 Sheldon Rd 2 . 09 Card Rd . 72 Hurd Rd 1 . 99 Sherbore Dr . 14 Caswell Rd 1 . 72 Johnson Rd 1 . 37 Sherwood Dr . 13 Catherine Dr . 40 Keith Lane . 45 Signal _ TowecRd . 71 Chaffee Rd . 30 Kimberly Circle . 11 Simms Hill Rd 1 . 06 Cobb Rd . 20 Kimberly Dr 1 . 00 Snyder Hill Court . 10 Corn Crib Rd • . 07 Kingdom Rd . 24 Snyder Hill Rd 3 . 65 Cornelius Rd . 50 Kirk Rd . 73 Sodom Rd . . 74 Cricket Lane . 21 Knoll Tree Rd . 24 South Knoll Dr . 53 CrystaI. .Dr_ . , .: 45 Knollwood Dr . 18 Southworth Rd 1 . 68 Deerhaven Dr . 18 Leisure Lane . 20 Springhouse Rd . 60 Deer._Run . 27 Livermore Cross Rd . 20 Spring Run Rd . 58 Deiblert,Dr . 20 Livermore Rd 2 . 51 Stafford Rd . 60 Dodge Rd . 89 Lone Oak Rd . 15 Star Stanton Hill Rd 2 . 22 Dug :Rd. 22 Lower Creek Rd 2 . 79 Stevenson Rd 1 . 03 Dutcher Rd ' 4 . 16 McClintock Rd 1 . 30 Sundown : 28 Eagleshead::-Rd: . . 56 _ . Meadow Dr . 37 Sunny Knoll Rd . 15 EasfiMalloryville Rd 1 . 31 Meadowlark Rd . 23 Sunny Slope Rd . . 55 Ed1Hill Rd . :2 . 33 Mill Street . 73 Sunny Slope Terrace . 12 Ellis . Hollow Ck Rd. . 2 . 47 Mineah Rd 1 . 56 Sunset West . 16 Etna -Rd: 1 . 19 Mohawk Rd . 30 Sunset West Circle . 36 Fergusoh. Rd 2 . 32 . Monkey Run Rd . 1 . 07 Sweetland Rd 1 . 09 Foot_ Hill Rd . 14 Morris Rd . 83 Tehan Rd . 65 Forest Home Dr . 26 Mott Rd 2 . 06 Thomas Rd . 98 ForestlLane . 10 Mount Pleasant Rd 4 . 54 Thresher Place . 10 Fox Hollow Rd , . 10 Neimi Rd . 99 Top Forty Rd . 11 Freese- Rd - 1 . 15 North Landon Rd . 65 Upper Creek Rd . 95 Game Farm Rd . 40 Nottingham Dr . 22 Walker Rd . 59 Gee Hill .Re . 47 Ocean Dr . 22 Watros Rd . 21 Genung Circle - . 9i Old Dryden Rd . 44 West Dryden Rd 1 . 08 Genung Rd 1 . 46 Palmear Rd . 44 West Lake Rd 1 . 29 George Rd . 3 .: 57 Peaceful Dr . 19 West Malloryville Rd " 1 . 83 German: CrOss Rd . 92 Pinckney Rd 1 . 22 Whitted Rd . 37 Goodband Rd . 25 Pine Woods Rd 1 . 62 Wood Rd 3 . 62 Hall Rd. _ :_ . 22 Pleasant Hollow Rd . 51 Woodland Rd . 27 Hall . Woodsjbr . . . 32 Purvis Rd . 67 Yellow Barn Rd 3 , 34 Hammond Hill Rd 2 . 24 Quarry Rd . 66 TOTAL MILEAGE 127 . 49 2nd Clm Metzger Carried • eRESOLUTION # 98 TRANSFER FUNDS FROM JUSTICE CONTRACTUAL 1111 . 4 to JUSTICE EQUIPMENT 1111 . 2 Clm Metzger offered the following resolution and asked for its adoption . RESOLVED , that this Town Board authorize the Supv to transfer $ 71 . 63 from Judge Sweetland ' s Contractual 1111 . 4 to Justice Equipment 1111 . 2 2nd Clm Jordan Roll call vote - all voting YES CORRESPONDENCE Acknowledgement of resolution to raise Justice Court fees Local Advisory Review - June 16th from 1 to 8PM Letter from County Planning Board stating that they had passed a resolution relating to members of the county advisory board . Supv Cotterill wrote a letter to the County Planning Board with regard that the town will not be involved with the county if they will not realign the road but condemn the road , where Mr Cook ' s property is on both sides of the road . JUSTICE REPORTS Judge Sweeltand - $ 1796 . 00 Judge Newhart - $ 1375 . 00 RESOLUTION # 99 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 # 100 GENERAL FUND BILLS Clm Tarr 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 FINANCIAL REPORTS . REVENUES EXPENSES General Fund A $ 45343 . 36 $ 13539 . 92 General Fund B 15156 . 44 1152 . 07 Federal Revenue Sharing 450 . 51 - 0 - Fire Protection District 289 . 90 10273 . 57 Highway 16066 . 40 44626 . 61 NEW BUSINESS Scheduled meeting with fire departments on June 16th at 8 : 00PM Town Hall • RESOLUTION #101 APPOINT ELECTION CUSTODIANS Clm Tarr offered the following resolution and asked for its adoption : RESOLVED , that this Town Board appoint John Morey , Democrat and Joseph Petersen , Republican , as Custodians of the voting machines at a fee of $350 . 00 each . 2nd Clm Webb Roll call vote - all voting YES RESOLTUION # 102 DESIGNATE POLLING PLACES Clm Tarr offered the following resolution and asked for its adoption : RESOLVED , that this Town Board designate the following Polling Places in the Town of Dryden : Dist # 1 Etna Fire Station Dist:12 Freeville Fire Station Dist # 3 Dryden Fire Station Dist # 4 Varna Community Center Dist # 5 Houtz Hall , Etna Dist # 6 Dryden Village Hall Dist # 7 Dryden Town Hall Dist # 8 Bethel Grove Community Center Dist # 9 Ellis Hollow Community Center Dist # 10 Dryden Town Hall 2nd Clm Webb Carried 37 RESOLUTION # 103 APPOINT ELECTION INSPECTORS Clm Tarr offered the following resolution and asked for its adoption : RESOLVED , that this Town Board appoint the following election inspectors for the term of 7- 1 - 80 to 6- 30- 81 at a rate of $ 2 . 50 per hour . DISTRICT REPUBLICAN DEMOCRATE # 1 Maxine VanZile Irene Babbaro Adrienne Ashford Lucy Russell # 2 Eleanor Collins Emma Phillips Barbara Estelle # 3 Jeannette Sinnigen Marilyn Baurle Dora Chase Geraldine Marquis # 4 Eva Ames Natalie VanArkel Jean Reed Virgina Moses # 5 Dorothy Fenner Marilyn Czerenda Mary Nash Anne Scaglione # 6 Dorothy Speck Marion Fellows Esther Pulling Robert Sullivan # 7 Evelyn Cook Verna Myers Elizabeth Havington Linda Woodin # 8 Florence Seaman Alice Cooper Melba Harden Ellen Whetzel # 9 Sylvia McCartney Betty House Louise Kingsbury Joan Gibbons #10 Wilda Brown Harry Eversdyke Walter Havington Jennifer Morey 2nd Clm Webb Roll " call vote - all voting YES RESOLUTION # 104 APPOINT ALTERNATE ELECTION INSPECTORS Clm Tarr offered the following resolution and asked for its adoption : RESOLVED , that this Town Board appoint the following alternate election inspectors for the term of 7- 1 - 80 to 6- 30- 81 at a rate of $ 2 . 50 per hour . REPUBLICAN DEMOCRATE • Jane Cage Jean Carpenter Wanetta Downey Sibyl Gould Helen Schutt Carol Osadchey Charlotte Edmondson Dorla Parker Beverly Schaufler Rosalie Yarosh Lois Hall Emily Young Lucille Miller Mariam Hatch Bettina Rash Jo qe Broadhead 2nd Clm Webb Roil call vote all voting YES Adjourned : 9rd5 PM ,21,1-411001491A-1-- 46-tk, Susanne LLoyd Town Clerk