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HomeMy WebLinkAbout1980-12-19 . 1 i 14 1 x TOWN BOARD MEETING December 9 , 1980 ° Minutes of the Town Board meeting held on the 9th of December 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 , Clm Jordan , Clm Metzger , Atty Perkins , Z . O . Stewart Clm Tarr arrived 7 : 45 Approval of the minutes : Motion was made by Clm Metzger and 2nd by Clm Jordan that the minutes of the Public Hearing and Town Board meeting held on the 11th of November be approved as submitted . CITIZEN PRIVILEGE OF THE FLOOR Mr Brad Dusto , the general manager , and Mr Ned Wait , assistant manager from Ceracche TV were present . Mr Dusto said that Ceracche TV has undergone a change in management . Ceracche cable system does have a few problems and American Television Communication Board is aware of these . There are a lot of _ problems concerning service provided in this area and questions on line extensions . which ATC is concerned about . The Town of Dryden is not the only town that has problems with Ceracche , it is in every community that they serve . The company is very concerned with the things that have been going on in the area and that is why both himself and Mr Wait are here to improve the relationship with the town . One - thing Mr Dusto wanted to urge is that if anyone has a complaint please let them know because they want to hear what is going on and they have had serious problems in the past . Mr Dusto said that he is aware of 2 line extension requests in the Town of Dryden . In regard to Virgil Rd , 90 % of the material has been received and the contractor that was to do the work was proven not to be very reliable . They are getting a proposal which should be ready this week . The contractor that they have in mind is capable and can do it very rapidly . The cable should be hooked up on Virgil Rd in December or no later than January . Supv Cotterill wanted to know how far they were going with this extension ? Mr Dusto said that he has looked at the maps but not familira with Dryden as of yet so he really couldn ' t answer that . Supv Cotterill wanted to know if there are people at the end of the extension and. willing to pay the extra amount of money what are the possibilities of them applying for service in that area for the additional cost ? Mr Dusto said that they would price it the same way they figure other line extensions . He said that Ceracche is here to provide service to people not to deny service , and they will extend the cable as far as they can . Atty Perkins said that they had gotten as far as the line extension policy with the other general manager , Mr Suhanovsky in August . Mr Dusto said that ATC policy is 35 homes per mile , which is the policy through out New York State . Supv Cotterill said that 35 houses per mile would not be satisfactory in the Town of Dryden because of our sub- division zoning , which was approved by our Planning Board . It does not allow that dense an area and the original contract is 20 houses per mile . The town is very interested in our committee having a meeting to discuss the line extension so that we may tell the people what the policy will be . It was decided that Clm Tarr , Clm Jordan , , and Atty Perkins will meet with Mr Dusto to finish the agreement after the holidays . Mr Dusto said that he received a request in November from the Bone Plain Rd area . They have not had a chance yet to do anything about it and he would like to go himself and look at the area and also have the chief engineer to get up- to- date figures . They should have some figures in about 2 weeks . Mr Dusto said that the NYS Cable Commission is coming to look over their system of operation so that is why it will be a 2 week wait . Supv Cotterill said that in the past when requests were made it took anywhere from 6 months to 1 year to get an answer . Mr Dusto said that he will guarantee an answer within 30 days , it doesn ' t pay to stall r., • and potential subscribers are angry even before they start . Supv Cotterill said that it might not be the answer they want to hear but it is some type of answer and Mr Dusto agreed . Supv Cotterill wanted to know the situation on North Rd . because that request was submitted at the same time the request for Virgil Rd was submitted and the town has not had an answer yet . Mr Dusto said that he does have the petition and he will have the answer for the town board by next months meeting . Supv Cotterill said that he could contact Mr William Sutton who lives on North Rd . Mr Ed Salino from Ringwood Rd wanted to know the status with their request for Ringwood Rd and Midline Rd ? Mr Dusto said that he also has that petition and he will have the answer by the January board meeting . Mr William Mobbs , Commissioner of Public Works , spoke about the German Cross Rd. bridge . The Committee of Planning & Public Works asked him to bring the contents of the bridge study to the Town Board . He had asked an engineering firm to evaluate the structure of the bridge in terms of determing the posted weight limit capacity . There are prescribed methods for doing this and that is accepted in the highway industry . They make some assumptions that the steel would have a yield strength of 25 , 000 lbs per square inch . They assumed the bridge was built around 1900 . There was stamping in some casting on the abutments which might be as early as 1878 . Some of the trusses are wrought iron and forged iron , so they assumed that the load carrying capacity for the steel on the basis of the age of the bridge . As a result of these assumptions they determined that the stringers on the bridge had a rating of 5 ton . The floor beams between each truss had a rating of 6 ton and the truss themselves rated 6 ton . This is on the basis that the bridge is in like new condition . If you have seen the bridge on the upstream side you will see that some of the structure has been bent and distorted , so you know that the structure is not carrying the load capacity in the manner that it is supposed to . Mr Mobbs read the last report so that the people would know why the weight limit was lowered below the rates that were quoted . The abutments of this structure consist of ✓ ailroad rails being in the ground for back walls . It appears that these abutments seem typical of the stream flow because the top cord is bowed up and the bottom cord has numerous members which exhibit compression instead of tension . Infact , very few components of the bottom cord indicated that the trusses have been bent either by compression or debris carried by flood flow . Many of the diagonals and verticles in the trusses have either been bent , twisted , loose or not working as originally designed causing the other members to require a higher percent of the load , possibly beyond the yield point of the other members . Since so many members are deformed it is impossible to accurately calculate the load carrying capacity . In view of these findings we hesitantly suggest that the bridge posting remain at 3 ton and the road be posted for no thru truck traffic until the bridge can be scheduled for replacement . Until such time the bridge is replaced a program of monthly inspections should be instituted to detect truss member failures . Mr Dave Arsenalt , 17 Burns Rd Brooktondale , wanted to know if the county was planning t o replace this bridge in the near future ? Mr Mobbs said that it was scheduled for replacement last year and the materials that were bought were used on another bridge , so that it is not scheduled in the 1981 budget , and it is now in a hold pattern . Mr Arsenalt said that it was a concern for the fire company because they do not have a truck light enough to cross the bridge . Their response time is about 5 minutes longer if they have to go around . • Mr Gerry Bragstad , 72 German Cross Rd wanted to know if you drive a 6 ton truck over the bridge will it break down ? Mr Mobbs said no . Mr Bragstad wanted to know if the engineers gave any figure as to the weight that the bridge will support ? Mr Mobbs said No . Mr Bragstad wanted to know why not ? Mr Mobbs said because he didn ' t ask them . Mr Bragstad said that he had heard that 20 ton snowplows were going over the bridge . Mr Mobbs said that there is no question in his mind that the bridge will not hold the 3 ton limit barring some of the unknowns that are in the structure . With a bridge of that span it is conceivable of having 3 3ton loads on the bridge . This would be allowed because of the length of the bridge , but you could not have one 9 ton load . Mr Mobbs said that a lot of research has gone into this and what is a responsible load capacity limit to put on a bridge . In order to feel confident in a load posting sign they have to assume that at sometime there could be three 3 ton vehicles on the bridge at one time . There is also a . built in safety factor that if there is a combination of vehicles on the bridge, the bridge is still not at a point of failure and there is still a reserve of strength . He was not here when the 15 ton load limit was posted years ago and does not know what went into the reason for it or the calculations . Mr Bragstad wanted to know how many pages there were of the calculations , he saw the ✓ eport but didn ' t see the calculations ? Mr Mobbs said . that . the calculations were not part of the report . Mr Bragstad wanted to know how they came up with the numbers then ? Mr Mobbs said that he did not ask for the calculations but for the results . Mr Bragstad wanted to know how he would know if the figures were right if he didn ' t know -what the calculations were ? Mr Mobbs said he felt it wasn ' t necessary and he was confident with the report and confident with the other people since he can ' t do everything himself . That is why they paid the money to have this study done by someone who is competent . Mr Bragstad said that this is a political and sensitive issue and not a routine bridge in the town or county , but a very special one with political heat on it and seems to him that these figures should be checked , double checked and triple checked . Mr Mobbs said ---that is exactly what he told the engineers and to double check their calculations again and everything is working out the way you think it is because people are going to contest it as to whether this is an actual legitimate study . Mr Mobbs said that he does not intend to duplicate their efforts of analyzing the bridge . He felt that when the engineers come back with their report and you still have a question then you should get a second l opinion from an engineer of you choice that would be satisfactory to you . Mr Bragstad said that he has never seen it but other ( people have told him that there have been 20 and 25 ton snowplows crossing this bridge and now there is a 3 ton load limit . Mr Mobbs said that it sounds like he would like to set up a standard for this bridge that / ansaccepted practice throughout the state . Mr Bragstad said he would like to put a 25 ton truck on the bridge and see how much it deflects . Mr Mobbs said that there is something in structual behavior which has something to do with the number of repeated loads . . Mr Ted Perry , 83 German Cross Rd said that with the 3 ton limit in the report are you willing to say that it is unsafe for the Brooktondale fire trucks to use the bridge for fire protection purposes . Mr Mobbs said that is a different question than changing the posted sign . Supv Cotterill said that he would like to make a remark to that the Brooktondale Fire 'Co is under the Town of Dryden Contract and we will order them not to put a vehicle when they are fighting a fire for us on any bridge that is posted beyond their limit , because the town has the liability . He felt that there wasn ' t a t axpayer in the town that wants to gamble on any bridge that is posted beyond their load limit . They will have strict orders from the town to stay off that bridge strictly from the liability standpoint . Mr Perry said he simply wanted to know if the bridge was capable of carrying a single Brooktondale fire truck one at a time or not ? Mr Mobbs said that he would have to say on the basis of this report he really doesn ' t know because they are saying that because so many members are deformed it is impossible to accurately calculate the actual load carrying capacity . Mr Duane Chapman , 73 German Cross Rd wondered if the conclusion to this report was a visual inspection or whether or not there was an engineering study done because the letter itself does not have any calculations in it . There is no analysis of what is involved of stressing on the bridge and he wanted to know if he could look at these calculations ? . Mr Mobbs said that they were not part of the report and it might be a more productive route if they question the calculations would be for them to have a second opinion from another engineer . He asked the engineer to recheck his calculations and send him a copy so that he may see them for himself . Mr Ken Marash 91 German Cross Rd wanted to know if the county ordered this study to be done ? Mr Mobbs said that they did . Mr Marash wanted to know as taxpayers and ' our money went into this study why don ' t we \ have a right to look at the study , since -part of this study lead them to thoe. conclusions ? Mr Mobbs said as of right now the only report he has is what he has just read and the calculations are in the engineers office . If they incorporated the calculations in the ✓ eport then they would become public information , as of now they are not part of the report . Mr Marash said that the bridge is at least 90 years old and at least 9 years during his 10 years as highway commissioner and an unknown number of years before that the bridge was rated at 15 ton , now all of a sudden it becomes unsafe at that load limit and becomes derated to 3 ton . We hear about fatigue and within 1 and 2 years which is 1 or 2 % of the age of the bridge . We are talking about a danger factor and wondered if this is really that critical ? Mr Mobbs said that he did not know what went into the previous analysis and the limit was in error before at posting the bridge at 15 ton . Mr Marash wanted to know why it was left for 9 years at 15 ton ? Mr Mobbs said that he really hasn ' t analyzied any of the bridges posted signs in the county since he has been in the highway department . He does not know what went into their reasoning for the posting . He assumed , at the time , that something went into the study but is questioning that now since he has received this report on the bridge . The bridge was on a replacement schedule so he felt he had a limited value . Mr Marash felt that for 9 years during his 10 years as highway commissioner it was ✓ ated at 15 ton and when the bridge was no longer scheduled for replacement after the controversy in 1979 it was taken off the schedule for replacement and then derated t o 3 ton . Complaints were made this summer of 1980 about loose planking on the bridge . The work is done and the bridge is fixed and the rating is remaining the same at 3 ton . The engineering study is done and he felt that the 3 recommendations that the engineering company made , 2 of which were unsolicited , happen to agree with the stated recommendations of the Public Works Committee prior to the study . Mr Mobbs said that the Public Works Committee recommendations simply requested the information subject to his recommendation and felt that it doesn ' t take a very astute engineer to look at a bridge to see that it needs replacement . Mr Marash wanted to know since all these years heavy equipment has crossed this bridge and nothing has happened until it was scheduled for replacement , and then not scheduled for replacement it becomes derated ? is y 3_ Mr Mobbs said that it has to do with fatigue , with the .number of repetitive loads and we know what the legal load limit should be now . Mr Marash wondered if it would be possible , to go back into the highway records to determine if there were studies done and if so what factors went into making the 15 ton rating ? Mr Mobbs said that he does not know of any records that would indicate such findings . Mr Bergen Wrisley 154 German Cross Rd would like the bridge so that a school bus , fire companies and snowplows acan cross . Supv Cotterill said that the town does not own a snowplow that would cross the bridge because the bridge is not wide enough . The Town of Ithaca has always taken care of the road before . Mr Kim Whetzel 36 German Cross Rd wanted to know if the firm that was engaged in doing this study for the county do the same studies for other . municipalities ? Mr Mobbs said that they are based in Albany and have done this for a long time , but does not know who their specific clients are . In searching the records he found that they had done work for the county in the 1940 ' s . Mr Whetzel said that if they are licensed engineers in the State of New York and are reputable and experienced in this kind of - work then they should be able to give us as accurate report that can be obtained . Mr Mobbs said that the report should be duplicated by any other engineering firm . Mr Marash wanted to know what the legal definition of an evaluation was ? Did we pay for a 2 page letter or a letter with a substantiation that proves what the letter states ? Co Rep Watros said that there was much discussion about this over the last several months by the Planning & Public Works Conmiitte and felt , at the time , was the best way to resolve the ?zoblem was to get an evaluation from a reliable :: firm This report has come back and indicated the limit which has been outlined . If it was posted in excess of that or publically stated that it would,accommodate a load greater than that then the county would be open for liability action . The county has no engineering expertise to override any recommendations by a professional firm: He felt that the Planning & Public Works Committee should be hearing these comments and not the Town Board . Based on the report from tonight it should now be referred back to the committee to hear further discussion and consider alternatives such as second reports and then move forward . There are 3 possibilities : 1- either close the road completely to thru traffic 2- leave the bridge as it is to accommodate only 3 ton or 3- replace the bridge . • Co Rep Tillapaugh said that he has checked the bridge himself and is concerned with whether or not it should be replaced . If the bridge is repaired on the ends how strong will they be because the metal has been rusted off ? His concern is . for. the safety of the people in using this bridge . As a county representative he would not want to be responsible for raising the load limit . He felt that it is the countys responsibility to - fix the bridge and the towns responsibility for the maintenance of the road , but it is the countys standing now that they will not replace the bridge unless the town board tells them that they want it replaced . Supv Cotterill said that the town has notified all of the people that live there so that they could hear the report . There has not been any request for a replacement . Co Rep Tillapaugh wondered if something happened on that bridge because it wasn ' t sound and the approaches are not proper to handle todays traffic and an accident happened , would the town or county be responsible ? Mr Mobbs felt that in any particular situation the courts would resolve liability there . There are indications that in similar situations municipalities have been held liable for the outdated condition of a structure . Herb Whetzel felt that as a town resident we should accept the engineering firms report . • or Kim Whetzel said that if the town needs to request the county that they repair , / replace• the bridge and as . for himself as aresident , of the Town of Dryden he would like to ask the town board to get them a satisfactory bridge that is not limited to 3 ton , so that they can have fire equipment and essential services cross . Mr Roger Yonkin 26 German Cross Rd disagreed with the statement that no type of report would be accepted by the people / If you check with most governing agencies and private agencies that have had 'a lot of consultant work done for them it is s . o . p . that you require them to send along the calculations . This is to keep them honest, and most firms hire people that do nothing but review consultants work . This bridge has been there for 102 years and if heavy loads have been going over for a number of years and you consider the fatigue . All of a sudden someone has discovered an error and rates it at 3 ton . This just doesn ' t ring true , so you should refigure your calculations . As far as liability , they change everyday . There is hardly anything that would be up- to- date . It would be all right if `it was posted and warned that it is not up to standard . When there . is , a bridge that is rebuilt1it is built to current standards and the following week it might not meet current standards . It just happens that German Cross Rd bridge has just been analayzied . If all the bridges were done in the town there will be a lot that will not meet the standards . 436 Mr Marash thanked Supv Cotterill for sending notices to the property owners and showed that he does have concern for input with regard to the bridge . Also , wanted to know how the bridge got in such terriable condition and wanted to know if it has been maintained ? He felt that normal maintenance on this bridge would not allow the stringers to get rusty and deteriorate to a point where all of a sudden it becomes a hazzard ? Supv Cotterill said that he wanted to inform the residentsLthat he has spoken with Hwy Supt Humphrey with regard of maintenance in that area particularly in the winter time . He stated that the Town of Ithaca has taken care of the highway for a number of years , since they had a smaller truck that could go over the narrow bridge . The Town of Ithaca has informed the town this year that they have withdrawn from any services on that road . Hwy Supt Humphrey has worked out an agreement with Danby to maintain the westerly end until this bridge is resolved . Also , there is an agreement with the Town of Caroline to assist us for this year only to maintain the easterly end . Since the highway budget is down due to lack of state and federal money we are in a very dire situation with our money . Therefore , efficiency is very important so the town will not be able to drive over just to plow a short distance on German Cross Rd . Danby is not agreeing t o send theirsmalTest truck , they are telling us that they will maintain the road with snowplowing and cindering if there is a bridge that will carry any snowplow that they have and can cross . The services will probably be minimum unless the bridge can be crossed . We do not have the funds to continue over a long period of time to hire Caroline . It is . the Hwy Supts position that he will do the best he can under the current year until it is resolved . If the residents in that area feel that they want to continue in the future with a bridge that will not allow Danby to cross , there will probably be a minimum amount of snowplowing and cindering services in the winter time because our trucks will only go there when our other roads have been taken care of . It is a sad situation and really doesn ' t like to tell anyone that we are not going to plow a road and we are not going to say that , but will be the last road in the town . He is not saying this so that you would have a new bridge but if there is not a bridge where it can be plowed efficently . The service will be first class if there is a bridge that is wide enough for asnowp;row to cross , if not the services will be very limited . Also , the town will not allow any fire companies to cross any bridge . that is posted at less tonage then what they are carrying , because the town carries the liability . The t own will now see if the county is going to do any further analysis and if they are we want to. know . If they are not , than the town will send a statement to the residents in that area as to what the town knows and ask the residents to tell us if they want the bridge as is with a limited amount of service , or do they want a new bridge ? The county is the one that will do the posting and if it is clianged, it will be their decision . The town will not be involved with the posting of the load limit , and will live with the posted weight and will not accept the liability to go over it . If the residents feel that those service are not acceptable and they desire to have the bridge upgraded where they can have the services the town will then make a recommenda- t ion to the county . Mr Bragstad wanted the town to consider another option of strengthening _ the bridge . bring it up to standards where services can operate across it . He felt that a new bridge costs a lot of money . Supv Cotterill said that the county has that option and if they do strengthen it and post it at whatever , the town will live by that posting . Even if the bridge is updated you will not be able to receive snowplow service because the bridge is not wide enough to handle any snowplow that the town owns . Walter Schwan stated that back in 1964 he came to the Town Board to request permission to install a water line in the r- o-w on Lower Creek Rd and Stevens Rd . , so that he ` could get to the creek and be able to supply water to his trailer park . The water line is semi- ridged 2 " plastic in 20 ' lengths and 5 ' in the ground . Mr Schwan said that he is in the process of selling his trailer park on Hanshaw Rd and there is nothing in the minutes back in 1964 that he was ever here requesting permission to use the r- o -w . That is why he is here tonight to request a resolution of some type which indicates that there is a pipeline in the Town of Dryden. r- o -w that has been there for 16 years and the person who is purchasing the trailer park has the right to keep the pipeline there and if necessary to maintain it . It is 2 miles long , about 1 mile on Lower Creek Rd from where Marquis Apts are to the old Stevens Rd and then follows the old Stevens Rd another mile to his property . Supv Cotterill wanted to know if the town had a right to issue an easement and does the town actually onw the land ? Atty Perkins said that he has spoken with Atty Barney , Mr Schwans attorney . He said that it was doubtful that the town has any authority to grant an easement to a private person over town or public property for private purposes . Obviously , Mr Schwan acted in reliance on certain representations that were made to him in 1964 . Mr Schwan did it with the knowledge of the highway superintendent knowing what he was doing and apparently the town board members . There was some discussion about the easement . Mr Schwan said that he was given permission to bury the pipe and maintain it which he has had that implied agreement for 16 years and that is the reason he was here tonight so that the new owner will have the same condition . • COUNTY BRIEFING 137 Co Rep Tillapaugh reported with regard to the Frank Robinson property , that the county now owned for back taxes . It has now been sold to HAMY Investors Inc on May 22nd %Richard Mulvey . Also reported that the Co Youth Bureau evaluation committee is working to interview supervisors and board members to get their negative or positive view points on the county youth bureau . Also reported that David Morrisey will be willing to serve another term as the town ' s representative to the Co Youth Bureau . . Also reported on a culvert that joins his property which belongs to the LVRR . He was not interested in buying the property in this condition , but was worried about the hazzard condition that it is in and would like to have this checked out . COUNCILMAN PRIVILEGE OF THE FLOOR RESOLUTION # 154 REVISED AGREEMENT WITH BOLTON POINT Clm Metzger offered the following resolution and asked for its adoption. RESOLVED , that this Town Board adopt the October 3 , 1980 revised agreement with Bolton Point . 2nd Clm Tarr Carried • ATTORNEY RESOLUTION # 155 W . B . STRONG FIRE COMPANY OF FREEVILLE FIRE CONTRACT Clm Tarr offered the following resolution and asked for its adoption . RESOLVED , that this Town Board authorize the Supervisor and Town Clerk to sign the contract with W . B : Strong Fire Company of Freeville in the amount of $ 21 , 550 . 00 . 2nd Clm Metzger Roll call vote - all voting YES RESOLUTION # 156 DRYDEN NEPTUNE _ HOSE COMPANY # 1 INC . FIRE CONTRACT Clm Jordan offered the following resolution and asked for its adoption . RESOLVED ; that this Town Board authorize the Supervisor and . Town Clerk to sign the contract with 'Dryden Neptune Hose Company # 1 Inc in the amount of $ 40 , 000 . 00 2nd Clm Webb Roll call vote - all voting YES RESOLUTION # 157 BROOKTONDALE FIRE DISTRICT FIRE CONTRACT Clm Metzger offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize the Supervisor and Town Clerk to sign the contract with Brooktondale Fire District in the aniountof ' $ 4 , 000 . 00 2nd Clm Jordan - Roll call vote - all voting YES RESOLUTION # 158 ETNA VOLUNTEER FIRE DEPARTMENT . INC . FIRE CONTRACT Clm Webb offered the following resolution and asked for its adoption . RESOLVED , that this Town Board authorize the Supervisor and Town Clerk to sign the contract with Etna Volunteer Fire Department Inc in the amount of $ 20 , 000 . 00 2nd Clm Tarr Roll call vote - all voting YES RESOLUTION # 159 VARNA VOLUNTEER FIRE COMPANY INC FIRE CONTRACT • Clm Metzger '. offered the following resolution and asked for its adoption . RESOLVED , that this Town Board authorize the Supervisor and Town Clerk to sign the contract with the Varna Volunteer Fire Department Inc in the amount of $ 32 , 000 . 00 2nd Clm Jordan Roll call vote - all voting YES DETERMINATION AMBULANCE . CONTRACT The following determination . and resolution were respectively made and adopted by the Town Board of the Town of Dryden , to wit : WHEREAS , the Town Board caused notice of public hearing to be published ' in the Ithaca Journal , he official newspaper of the Town of Dryden on October 24 , 1980 , to consider the advisability of adopting a resolution , in accordance with the provisions of Section 209- b of the General Municipal Law , authorizing the NEPTUNE HOSE COMPANY # 1 OF DRYDEN INC . , to furnish emergency ambulance service for all of the residents of the Town of Dryden , including the Villages of Dryden and Freeville , and WHEREAS , a public hearing pursuant to such notice was held on November 3 , 1980 , and which said notice of hearing described : ( 1 ) the emergency ambulance service which is proposed t o be furnished ; ( 2 ) the area to be served ; ( 3 ) the names of the fire company affected : ( 4 ) the time and place within the Town • where such hearing will be held ; and ( 5 ) that all persons residing within the area to be served or persons , firms and corporations owning ✓ eal property within the area to be served , • or persons ., firms and corporations whose business interests or employment would . either . be benefited or adversely affected , whether o r -not a reside-Lit or . owner of real property within the area to be served shall have the ✓ ight to be heard in person .or by representative at : the public hearing , and . • WHEREAS , the matter was fully cofisidered . and • d _iscussed by . the. Town Board and all persons present at the time of such hearing were given an opportunity . to be heard with respect thereto and their statements considered by the Town Board , and 3/3 / WHEREAS , the Town Board deems it in the public interest to authorize the furnishing of • such emergency ambulance service and to enter into an agreement therefor with NEPTUNE HOSE COMPANY ## 1 OF DRYDEN , INC . , for the consideration of $ 22 , 000 . 00 for one year , to be paid on or before the 1st day of March , 1981 , and WHEREAS , consents of NEPTUNE HOSE COMPANY # 1 OF DRYDEN INC . , and the EMERGENCY SQUAD OF NEPTUNE HOSE COMPANY ## 1 OF DRYDEN INC . , to furnish emergency ambulance service will be obtained , and NOW AFTER HEARING AND CONSIDERING THE STATEMENTS MADE AT THE PUBLIC HEARING : RESOLUTION # 160 NEPTUNE HOSE COMPANY # 1 OF DRYDEN INC EMERGENCY SQUAD OF NEPTUNE HOSE COMPANY # 1.. OF DRYDEN INC . Clm Webb offered the following resolution and asked for its adoption ; . RESOLVED , that the Town Board hereby unanimously finds , in accordance with the provisions of Section 209-b of the General Municipal Law , that there is no emergency ambulance service for residents of the Town of Dryden , and unanimously determines that it is in the public interest to authorize the furnishing of such emergency ambulance service for the said residents of the Town 'of Dryden , including the Villages of Dryden and Freeville , and it is further RESOLVED , that such emergency ambulance service shall be furnished subject to such rules and regulations as shall be prescribed by the NEPTUNE HOSE COMPANY # 1 OF DRYDEN INC . , and approved by the ' Town Board of the ' Town of Dryden , and it is further RESOLVED , that within ten days after the date of the adoption of this resolution the Town Clerk cause a certified copy thereof and the determination on which it is based to be ' filed in the office of the Clerk of the County of Tompkins together with the consents of the NEPTUNE HOSE COMPANY # 1 OF DRYDEN INC . , and the EMERGENCY SQUAD OF NEPTUNE HOSE COMPANY # 1 OF DRYDEN INC . , and it is further RESOLVED , that the Town Supervisor be , and he is hereby authorized to execute an agreement between the Town of Dryden and NEPTUNE HOSE COMPANY ##1 OF DRYDEN INC . , for the consideration of the payment of $ 22 , 000 . 00 2nd Clm Jordan Roll tall vote - Supv Cotterill YES _ _ Clm Jordan YES Clm Tarr YES Clm Webb YES Clm Metzger YES The resolution was thereupon declared duly adopted . EASEMENT AGREEMENT - Walter Schawn THIS INDENTURE made as of the 12th day of December 1980 , between the TOWN OF DRYDEN , hereinafter referred to as " Grantor " , and WALTER J SCHWAN of 231 Coy Glen Road , Ithaca , New York , hereinafter referred to as " Grantee " , - WITNESSETH : WHEREAS , the grantee is the owner of two parcels of land in the Town of Dryden , one parcel containing a trailer park and the other parcel containing the water supply facilities for said trailer park , and WHEREAS , there is a water line installed within the Town Highway rights of way lines between the two parcels ; and WHEREAS , it appears that said line was installed after permission to do so was given by this Town Board in 1964 and ' WHEREAS , it appears that no record of said permission presently exists ; and WHEREAS , on December 9 , 1980 , the Town Board of the Town of Dryden adopted a resolution confirming the grant of permission to install said line and authorizing the Town Supervisor to execute an instrument confirming same subject to the approval of the Town Attorney , and WHEREAS , the Town Attorney has approved this instrument as indicated by his signature below , - NOW , THEREFORE , in consideration of the premises and in consideration of the mutual promises hereinafter set forth , the parties do agree as follows : 1 . Grantor hereby grants to the grantee , his heirs , successors and assigns forever a permanent right of way to enter upon , construct , operate , maintain , repair and replace a water pipe line and associated electrical lines with such appurtenances and such other facilities as may be reasonably necessary in order to implement the permission granted by this instrument . Said right of way shall be 10 feet in width , the center line of whichshall be the pipe line as presently installed . Its location may be approximately described as follows : Commencing at the parcel of land owned by the grantee on Lower Creek Road , running across and under Lower Creek Road ; thence running along the northerly side of the' pavedtportion of Lower Creek Road crossing under Pinckney Road to the intersection of Lower Creek Road and the presently disused road known as Stevens Road ; running thence northwesterly along the highway right of way line of the former Stevens Road to the parcel of land owned by the grantee near the intersection of Hanshaw Road and Schwan Road . 2 . Grantee agrees for . himself , his heirs , successors and assigns that in the exercise of the permission awarded by this instrument grantee will make no open cuts of any paved areas of any of the Town roads without the prior written consent of the Town Highway Superintendent which consent , in the Town Highway Superintendent ' s sole discretion , may be withheld or may be condition upon any conditions as the Town Highway Superintendent may deem appropriate or advisable . This grant is further subject to the condition that the grantee , his heirs , successors and assigns in the exercise of the permission granted 3C/ hereunder will always restore the surface of the ground to the same condition as it exists prior to any invasion thereof . Said grant is further conditioned upon the grantee paying to the grantor any and all additional costs that grantor may incur in the course of widening , repairing , or otherwise altering or maintaining its highways by reason of the existence and installation of grantee ' s water line and electrical lines . RESOLUTION # 161 EASEMENT AGREEMENT - Walter Schwan Clm Jordan offered the following resolution and asked for its adoption : WHEREAS , Walter Schwan and Patricia Schwan are the owners of a trailer park located in the Town of Dryden , Tompkins County , New York , near the intersection of Hanshaw Road and what is now know as Schwan Road ( formerly Stevens Road ) which parcel is hereinafter referred to as the " Park area" ; and WHEREAS , Walter Schwan is the owner of a certain parcel of land on the south side of Lower Creek Road in the Town of Dryden , Tompkins County New York , located easterly of the intersection of Lower Creek Road with Pinckney Road ( hereinafter referred to as the "water source parcel " ) ; and WHEREAS , there is located on said water source parcel certain wells and pumps which provide substantially all of the water used in the trailer park located on the park area parcel ; and - WHEREAS , water is 'transmitted . from the water source parcel to the park area through a water pipe line which crosses Lower Creek Road , runs adjacent to the north side of Lower Creek' Road under the ditch within the highway right of way line , crosses under Pinckney Road , and runs thence northeasterly alorig ' the highway right of way line and within the highway right of way line of the road presently disused and formerly known , as Stevens Road , which road is bounded by property owned by Amy Russell and by property owned by Cornell University ; and WHEREAS , in 1964 Walter Schwan applied for and was granted permission by the Town Board of the Town of Dryden to install and maintain said pipe line and associated electrical wiring ; and WHEREAS , said pipe line and electrical wiring was so installed and has been so installed and in the ground in its present location since 1964 ; and WHEREAS , Walter and Patricia Schwan are now in the process of selling their trailer park ; and WHEREAS , in the course of selling same the Schwans learned for the first time that their application for permission and the granting of permission was apparently not included in any minutes of the Town Board of the Town of Dryden ; and WHEREAS , the continued use of said water line and associated wiring is crucial to the continued operation of the trailer park as without said line the trailer park would have a grossly inadequate supply of water ; and WHEREAS , the installation of said water line and associated materials was in reliance on the granting of the permisssion to do so by the Town of Dryden ; and WHEREAS , the continued operation of said water line and associated wiring enhances substantially the value of the real property in the park area thereby resulting in substantially increased tax revenues to the Town of Dryden , the County of Tompkins , the local school district , and other real estate taxing entities , and WHEREAS , the prospective purchaser of the trailer park and ' associated facilities needs some assurance that the installation of said water line and related wiring was done with the permission of the Town of Dryden ; NOW THEREFORE , it is hereby RESOLVED , that the Town Board acknowledges that in 1964 Walter J Schwan applied for and was granted permission to install the aforesaid water lines , electrical lines and related items ; and it is further RESOLVED , in recognition of the fact that the installation of said pipelines and - associated facilities occurred in full reliance upon the actions of this Board in permitting such installation , that this Board permit the continued existence of said water lines within the highway rights of way line as set forth in the introductory paragraphs to this resolution . AND BE IT FURTHER RESOLVED , that the Town Supervisor is authorized to execute such instruments as may be approved by the Town Attorney to effectuate the permission granted heretofore and by this resolution . 2nd Clm Metzger Roll call vote - Supersivor Cotterill YES Councilman Tarr YES Councilman Metzter YES 7- 4 Councilman Webb YES Councilman Jordan YES It9° OLD BUSINESS Atty Perkins stated that under Section 806 of the Town of Dryden Zoning Law permits the Town Board to issue a special permit for the excavation and sale of gravel in an R- C Zone on an area of at least 20 acres in size and Mr_. Eddy meets these 2 requirements . The Town Board must be guided by the public health , safety and general welfare of the citizens of the Town of Dryden . The Town must give particular consideration to the following factors : Soil erosion by water and wind ; drainage ; soil fertility and topsoil preservation ; lateral support , slopes and grades of abutting streets and lands ; this should not be a problem because in our zoning ordinance it states that there will not be. any within 350 feet from a property line . This permit is not valid for topsoil . Environmental and land values and uses ; planning of ' cover in the interest to avoid erosion and to improve the aesthetics of the area which is to be restored . The Town Board must find on record that the excavation or quarrying will not endanger the stability of adjacent land ; that the excavation _ or quarrying will not constitute a detriment to the public welfare , convenience or safety by reason of excessive dust , noise , or traffic congestion or the exceeding of . designated load limits on the roads in the immediate vicinity of the operation or other condition ._ . The operation will . use West Malloryville Rd which is a town road . The Town Board has the " power to condition the permit to safeguard the public health safety and welfare . Our zoning ordinance sets " forth certain requirements which can be specified by ' the Town Board in granting the special permit . Those conditions can be required to be fulfilled prior to , during the:' course of excavation and quarrying , and following the actual excavation and quarrying: Those requirements are set forth under Section 806 ( 3 ) . They are in summary ; dust and noise must be controlled as determined by the Town Board . The access road from the quarrying site to the public road must be dust controlled surface not less than 22 ' wide to within 100 ' of the loading point . The slope of the material in the excavation of the face of the quarry walls cannot come closer than 350 ' to any property line or street line . No permanently installed excavation machinery or equipment shall be any nearer than 1 , 000 ' to any residence . Hours should also be considered . Water used in washing operations cannot be discharged into a stream o r natural drainage channel unless the DEC issues a permit . There is another permit procedure which must be followed by Mr Eddy through DEC before he can commence this operation . Mr Eddy has filed with the Town Board a statement prepared by his engineer , to fulfill the requirement of Section 806 ( 4 ) . That Section also requires the submission o f a plot plan showing existing grades and contours and the grades and contours after t he operation has been completed . This would be the reclamation plan prepared by Mr Eddy ' s engineer . The plan must show the following : location of streets or roads adjoining the premises ; names 'of adjacent property owners ; location of the premises and the _dimensions of the portion of the premises upon which the excavation is to be made ; the location , size and use of any proposed structures ; cross- section , of the property at intervals of 50 ' showing existing and proposed elevations at intervals of 5 ' and any break in g rade ; elevation of the premises as compared to the United States - Quadrangle Map . Atty Perkins said that his examination of the reclamation plan and mining plan indicates that they have shown substantially what is required under this Section except that the contours as shown are at 10 ' instead of the required 51 . . Section 806 ( 4 ) requires recontouring and backfilling to return the area to its orginal contours or to the grades indicated by . the reclamation plan ." It also requires the reseeding of the area with green cover . Section 806 ( 5 ) requires that Mr Eddy execute a contract with the Town to restore the premises to the conditions which the Town Board sets . There is a mandatory bond or cash deposit with the Town Clerk to cover the cost of restoring the area and the Town Board will have to determine the amount . Section 806 ( 6 ) is technical in nature and applies to the agreement between Mr Eddy and the town and the conditions of the bond or cash deposit and Section 806 ( 7 ) has to do with the discontinuance of the operation for a period of over 12 months . The statement of the proposed work required by our Zoning Ordinance is the same statement which the applicant intends to submit to DEC for his mining permit . It is recited that the predominant traffic pattern will be west and north on the West Malloryville Rd to the Peruville Rd , which is a major connection between the cities of Ithaca and Cortland . It is further stated that noise and dust control due to increased traffic should not be a problem . The Town Board can condition these in issuing the permit , since the applicant apparently acknowledges that this will be no problem . There also , is no current plan for washing the excavated material . This also can be an appropriate condition . Our Town Zoning Ordinance allows no excavation within 350 ' of any property line and the narrative recites that there will be no excavation within 100 ' . Atty Perkins said that he has examined the questionnaire at the end of the narrative which is part of the mining permit application and would like to call the boards attention to part F of that questionnaire and the inquires concerning the location of this operation to any water; body or wetland . The short environmental assessment form should be scrutinized carefully . The procedure for the Town Board is to make the . findings according to the provisions of Section 806 . These findings should be on record , as well as the decision of the Town Board and any conditions which should be attached to the permit . There was some discussion about the road they would use and dust control . Atty Winn wanted the boards approval and principal of Mr Eddy ' s proposed plans shown on the plans prepared by George Schelcht . RESOLUTION # 162 SPECIAL PERMIT - GRAVEL PIT ON WEST MALLORYVILLE RD . - Mr Alfred Eddy Parcel # 3- 24 - 1- 20 . 12 Clm Metzger offered the following resolution and asked for its adoption . RESOLVED , that this Town Board grant the Special Permit to Mr Alfred Eddy to operate a gravel pit on West Malloryville Rd . , Town of Dryden , Tax Map Parcel # 3- 24 - 1- 20 . 12 with the following conditions : 1 . - This permit is not valid for the removal of topsoil . Existing topsoil will be piled and used in reclamation area to be planted with green cover when reclaimed . 2 . - The excavation or quarrying will not endanger the stability of adjacent land and the land upon reclamation be graded at not more than an 8 per cent grade . 3 . - That the excavation or quarrying will not constitute a detriment to the public welfare , convenience or safety by reason of excessive dust , noise , or traffic congestion or the exceeding of designated load limits on the roads in the immediate vicinity of the operation or other conditions . Dust control will be as required . 4 . - The truck traffic flow from and to the North will be from and to the West on West Malloryville Road and from and to the North to Peruville Road with the road limit as posted by the Town . All loads over 6 inches below the side board or top of any truck or trailer will be covered . 5 . - Mr Eddy will execute a bond or deposit with the Town Clerk of the Town of Dryden . The amount of $ 5 , 000 . 00 6 . - Hours are from 7 : 00 AM to 7 : 00 PM 7 . - That the gravel pit may be open 6 days a week . Monday thru Saturday . 8 . - That there will be no washing operation , nor any discharge into any stream wetland or marsh . 9 . - Mr Eddy will execute a contract incorporating these basic terms , and the terms required by Section 806 of the Town of Dryden Zoning Ordinance . 10 . - There will be no excavation or quarrying closer than 350 feet from any property line , and no steep pits in any operation on the site . 11 . - This Special Permit is revocable " should the permitee fail or refuse to comply with any provision contained herein . 12 . - All provisions of Section 806 of the Town of Dryden Zoning Ordinance are incorporated herein by reference . AND BE IT FURTHER RESOLVED , that the Town Supervisor be authorized to execute such a contract . 2nd Clm Jordan Carried Supv Cotterill questioned whether or not there could be a blanket resolution to transfer funds at the end of the year . Atty Perkins said that the town does not need a resolution because the Town Law specifically authorizes the supervisor to transfer funds at the end of the fiscal year as long as there are funds available . TOWN CLERK RESOLUTION # 163 APPOINT COUNTY YOUTH BUREAU- Dave Morrisey Clm Webb offered the following resolution and asked for its adoption . RESOLVED , that this Town Board appoint Dave Morrisey to the County Youth Bureau as the Town of Dryden ' s representative for the year 1981 . 2nd Clm Metzger Carried ZONING OFFICER 8 permits for the month of November . 2 one- family dwellings ; 2 mobile homes ; 2 additions to homes ; 1 garage and 1 storage building . ZBOA held not hearings for the month of Dec . CORRESPONDENCE Letter from Brooktondale Fire Dept regarding the German Cross Rd bridge . Letter from the Planning Dept regarding the census Letter from Judge Newhart Ambulance report . RESOLUTION ## 164 TRANSFER FUNDS FROM ELECTION CONTRACTUAL ( 1450 . 4 ) to Election Personal ( 1450 . 1 ) Clm Metzger offered the following resolution and asked for its adoption . RESOLVED , that this Town Board authorized the Supv to transfer $ 15 . 00 from Election Contractual 1450 . 4 to Election Personal 1450 . 1 2nd Clm Jordan Roll call vote - all voting YES RESOLUTION # 165 TRANSFER FUNDS FROM UNALLOCATED FUND BALANCE TO GARAGE 5132 . 4 Clm Jordan offered the following resolution and asked for its adoption . RESOLVED , that this Town Board authorize the Supv to transfer $ 4 , 000 . 00 from Unallocated Fund Balance to Garage 5132 . 4 . 2nd Clm Metzger Roll call vote - all voting YES RESOLUTION # 166 TRANSFER FUNDS FROM GENERAL A TO HIGHWAY # 2344 Clm Metzger offered the following resolution and asked for its adoption , RESOLVED , that this Town Board authorize the Supv to transfer $ 105 , 000 . 00 from General A to Highway # 2344 . 2nd Clm Tarr Roll call vote - all voting YES FINANCIAL REPORT _ "REVENUES . EXPENSES General A $ 6369 . 85 $ 17 , 722 . 86 General B 355 . 22 8 , 892 . 41 Fire Protection District 289 . 39 - 0 - Federal Revenue Sharing 172 . 64 15 , 804 . 52 Highway 9716. 33 39 , 702 . 93 JUSTICE REPORTS Judge Newhart - $ 1 , 303 . 00 Judge Sweetland _ $ 2 , 183 . 00 RESOLUTION # 167 AUDIT GENERAL FUND BILLS Clm Webb 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 RESOLUTION # : 168 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 NEW BUSINESS . Schedule organizational meeting January 2nd at 5 : 00 PM Adjourned : 11 : 15 PM ZAJCCJ-14%,1^-C-- ,r • . . Susanne Lloyd Town Clerk • • • •