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HomeMy WebLinkAbout1981-02-10 _ 9 PUBLIC HEARING PROPOSED USE HEARING OF FEDERAL REVENUE SHARING FUNDS February 10 , 1981 Minutes of the public hearing held Feb 10th at 7 : 30 PM Supv Cotterill read the notice that was published in the newspaper to encourage citizen participation in determing how FRS monies will be spent in the amount of approximately $ 59 , 000 and $ 3761 . 49 of unobligated entitlement funds in the recipient governments FRS Trust Fund . QUESTIONS AND/OR COMMENTS Mr Harland Carpenter president of the Dryden Senior Citizens requested $ 500 . 00 from the FRS monies for use in a couple of their programs . Supv Cotterill wanted to know if they had an exact use for the money because he was not sure what the law allows . If the town is to consider this they will need a specific project what the money will be used for . Mrs McFall said that this is what Mr Carpenter is here for to tell the board what they would like , but it has to be a specific project that the money will be used for . Supv Cotterill said that if they have a specific program in mind then they could let the board know in writting , so that the board can consider their request . Closed public hearing 7 : 45PM TOWN BOARD MEETING February 10 , 1981 Minutes of the Town Board meeting held on the 10th of Feb 1981 Supv Cotterill called the meeting to order at 7 : 45PM Members and guests participated in the Pledge of Allegiance Roll call was by the Town Clerk : Present : Supv Cotterill , Clm Metzger , Clm Tarr and Atty Perkins and Z . O . Stewart Absent : Clm Webb and Clm Jordan Approval of the minutes : Motion was made by Clm Metzger and seconded by Clm Tarr that the minutes of the January board meeting be approved as submitted . COUNTY BRIEFING Co Rep Tillapaugh reported that the Motor vehicle Dept . is going to move to the former Great American Store on First St . Supv Cotterill reported that the town . sent a letter to the Board of Reps , the County Planning Dept , and to the fire depts expressing the desire to see something done to make a bridge that is usable on German Cross Rd . The town has not heard from the county as of yet . Hwy Supt Humphrey has talked with Mr Mobbs and there has not been anything done at this time . Supv Cotterill wanted Co Rep . Tillapaugh to convey to the Board of Reps that the town is not trying to condemn them or disagree with them . The town will be happy to work with them , but felt that it is their job to make a decision as to what to do there to get the town a bridge that will be usable for fire trucks and snowplows . The Town will cooperate with them in whatever decision the county makes . Co Rep Tillapaugh wanted to know if the town really wanted to have some action taken soon , and if so he would express that feeling at their next . meeting . Supv Cotterill said that the county received the same letter that the town received from the Brooktondale Fire Dept saying that they have to have a bridge or someone else will accept the liability . Supv Cotterill wanted it made clear that the town will not accept the liability . The county has only 2 choices ; furnish a bridge or accept the liability . The town cannot accept the . liability of vehicles not being able to protect the people on a road or give them services .. Hwy Supt Humphrey has requested the county to give him a list of all the bridges in this end of the county and what they are posted at . He is concerned because of the town trucks and fire trucks . In some cases to reanalyze them to see if the posting is correct , because the fire trucks will be advised not to cross any bridge that will not carry their load limit . CITIZEN PRIVILEGE OF THE FLOOR Mr William Hilker said that the proposal he presented last month was for all the towns in the county and the City of Ithaca . Mr Hilker presented the Town Board with another proposal that he had drawn up , each town will have a seperate proposal as to what the cost would be for that town . He has been going to the different towns and signing them up independently . Dryden ' s cost would be $ 9381 . 00 which is a savings for the town of $ 3212 . 78 over the SPCA contract . With his proposal he will do a dog enumeration . / 6 There was some discussion and Supv Cotterill wanted to know if he had any indications from any of the other towns as to what they were going to do . Mr Hilker said that he was sure that Caroline and Danby were going to sign his contract and he will be meeting with Newfield tomorrow night . Their indication is that they will also be going along with his proposal . Groton is fairly sure and he was not sure about the Town of Ithaca . Mr Hilker said that he has Dr Nezvesky for the vet and he has a pound all set up and ready . The equipment would be ready within 10 to 15 days . Atty Perkins said that the contract from the SPCA isn ' t even a starting point . Mr Hilker at least has something that you can start and work with , if that is the way the board decides to go . Supv Cotterill said that they would not be able to come up with any answers at this time and is willing to look over the proposal because a decision will have to be made shortly . Mr Hilker said that if there were any questions he will be glad to try and answer them . Atty Perkins wanted to know if this contemplates an appointment of a dog warden by the town . Mr Hilker said that this was correct , an individual cannot contract alone for dog control services , but a town can contract for professional services , or lease town space which is legal under Article 7 of the Ag & Markets Law . The town then appoints a dog warden , which he can put his name up for nomination , or the town can appoint anyone they would like . Basically , it is a part time situation so there would not be any benefits involved . Atty Perkins wanted to know why the town would be leasing in the amount of 19 . 83 % ? Why doesn ' t the town just contract to do the service ? Mr Hilker said that way would be illegal and this is the problem . The reason it is put in this way is so that each town understands that they have a certain percentage of the services and of the truck . It is broken down on the percentage of dog funds that are brought into the towns . Supv Cotterill said that if he doesn ' t have all of the towns sign his contract then the percentage would not be the same . Mr Hilker said that you would end up with a greater percentage . The truck is prepared to go out on calls all hours of the night and is on a call basis . There is a telephone answering service and a 2- way radio communication . Atty Perkins said what the board has to do is decide whether or not they are going with Mr Hilker or the SPCA and then work out the contract . Since the town has received a contract from the SPCA and Mr Hilker has given the board a rough proposal , the board will have something to work with , in terms that we both can live with . Supv Cotterill and Atty Perkins didn ' t like the percentage basis and felt that it should be a set amount for the service . Mr Hilker said that the percentage basis is the legal way under Article 7 of the Ag & Markets Law . Supv Cotterill said that if you say 19 . 83 % of a certain figure then that is a little different . Mr Hilker said that it is in this way because when you contract with him for the lease , then you are subject to contract with him for warden . Otherwise , you could say we have a contract with ou but we are y going to use our warden , so now give us a truck to use . Supv Cotterill said that they were not interested in appointing a warden , but they want a figure of what it is going to cost . Mr Hilker said the proposed warden money is in his figures as well as the lease money . The board tabled the decision and told Mr Hilker that Atty Perkins would get in touch with him . Atty Perkins said that the town will have to make a fundamental policy including how much service they want , what kind of service they want and how much they are able to pay for the service . After that is decided then we can draw up a contract that reflects a clear understanding to both parties within the framework of Article 7 . of the Ag & Markets Law . i Atty Winn wondered if there could be a clarification of the resolution regarding the special permit granted to Mr Alfred Eddy . Atty Winn wondered what was Mr Eddy ' s responsibility with: -respect to reclaiming the property ? On the plan that George Schlecht prepared he has indicated the areas that have already been mined . Is it the boards position that Mr Eddy has the responsibility to reclaim those areas , regardless of what mining operations he conducts in the future in that area ? Also , is the interpretation as to what areas Mr Eddy may conduct his mining operation ? Atty Winn said that he has indicated on the mining plan where mining operations have been conducted in the past in relation to the 350 foot measurement set forth in the Town Zoning Law . There has been quite a bit of activity in the past within the 350 feet of the property lines , particularly on the southeast and northwest . If Mr Eddy cannot work within those areas to grade and mine , then obiviously that area can never be reclaimed ? Atty Perkins said that in the Town Zoning Ordinance it states that the slope of the material in the excavation or the face of any quarry walls or other excavation shall not come nearer that 350 feet to any boundary line in the Town of Dryden , property lines , street or. highway line (whether such street or highway line be within or outside the boundaries of the Town of Dryden ) or nearer than 350 feet to any existing resident . Websters definition of excavation the act of process of excavating ; a cavity formed by cutting , digging , or scooping . Atty Perkins said that with interpreting the ordinance there is to be no open excavation within 350 feet of any property line . It is an irregular shaped parcel , but you have to keep in mind the intent of the ordinance . This is a kind of activity that you want restricted to certain parcels . Atty Winn said that he has sketched on the plan the approximate location of the 350 foot lines , from an area which the single line indicates the present pit , which is shown on the photograph that he has taken . It clearly shows that it is a disaster area within that 350 feet area right now . Supv Cotterill said that he has been over there , but did not know the height of the banks that are there now . He said that if it is possible that there can be some grading done from the line on a very gentle slope , nothing more than 10 % . It seemed to him to allow someone to come and use this area so that it can be regraded , rather than to have the steep slopes that are there now . The land will be left usable if it is done this way . If you are talking about a big bank then he could see why it would be objectionable . Atty Winn said that right now there is the big cavity there . Supv Cotterill said it is an eye sore and if we allowed some work to be done so that a gradual slope could be left would be better than what is there now . Atty Perkins wanted to know if Mr Eddy was planning on mining or reclaiming this area closer than the 350 feet ? Atty Winn said the area in the egg shaped area would be mined and reclaimed , which is the initial plan as indicated on the plan from January 1981 to December 1983 within the 4 acre area . Atty Perkins wanted to know within the 4 acre area beyond the 350 foot line , is that mining or reclamation ? Atty Winn said that it would be both . Atty Perkins wondered if the reclamation was going to include the area that has already: been mined ? Atty Perkins said that Mr Eddy was going to limit his activities for the next couple of years to the egg shaped area which would mean knocking down some of the big clifts that are there now . If Mr Eddy cannot go any closer than 350 feet from any line then he is left with the clifts in their present state . Atty Perkins wanted to know if this egg shaped area will be mined in 3 years , are you going to have the clift extend all the way down the egg shaped line . Atty Winn didn ' t think that there would be a clift there because in the original plan indicates that he will never be going any deeper than the 1100 feet , but leveling it off . Atty Perkins wanted to know what happens from the clift to the property line , in other words are there going to be steep lines within the 350 feet . Atty Winn said that he didn ' t think that there will be because the base of the pit now will be the base of the whole area . Supv Cotterill wanted to know if there will be a very gentle slope to the present when it is done ? Atty Winn said that was correct , there is a big clift that will be knocked down . Atty Perkins wanted to know if the removal of the gravel within the 350 foot line is incidental to the reclamation ? If you can make that determination , there will be a way out as part of the overall reclamation plan . Supv Cotterill said that as long as he stays 5 to 10 feet away from any property line and makes a gentle slope back to the base he would be satisfied rafth no more than an 8 % grade . Atty Winn said that George Schlecht had planned on 100 feet from any property line there would be no activity . Atty Perkins said that there will be no activity within 100 feet from any property line , and any activity within 350 feet from any property line is to be conducted as part of the reclamation plan and any removal of gravel made within that area is incidental to the reclamation . Atty Winn also pointed out one other area of which he had taken a picture of and does not want to get into a situation where the Town will make Mr Eddy reclaim that area if he never engages in any activity in that area . Mr Eddy will be posting a $ 5 , 000 . 00 bonds . Atty Perkins said that the permit is limited to the area shown on the plan , also the reclamation is limited to the area shown on the plan . Atty Winn questioned just the 4 acre area because of the agreement and the resolution . Atty Perkins said that Mr Eddy was only getting a permit for the area shown on the mining . plan . Atty Perkins wanted to know if this was the intent ? Atty Winn said the mining plan show the 4 acre area , and the reclamation plan shows the entire 50 acres . Atty :Willi] : said what he - has done in the reclamation plan will be reflected in his plans so that the actual contours taken at the end of the reclamation will look like the plan shows . Atty Perkins wanted to know what good a reclamation plan is if it was not going to look like the plan . Atty Winn said that the plan is what it will look like after the entire 50 acres have been mined , not just the 4 acres . Atty Perkins felt that it should be shown what will be done when the special permit expires . He felt that when the special permit expires , we don ' t want Mr Eddy to come back and say that he has sold the property and the new buyer will have to take care of the mess . C 0Z. Atty Perkins said that if this isn ' t what the plan will look like after the end of the special permit , then he would have to advise the board to see what the plan is going to look like . A Special Permit does not have a time limit but , Atty Winn said that DEC requires a renewal application every 2 years . Atty Perkins said that if Mr Eddy ceases mining for 1 year then the property will have to look like the plan shows . Atty Winn said that the plan Mr Schlecht implies will be the ultimate result when the whole area has been mined . Activity will be within the egg shaped area within the next 2 years . In the long run the whole area will look like the reclamation plan . Atty Perkins wanted to know how long? Atty Wimm did not have an answer because at the moment Mr Eddy does not have any contractor . Atty Perkins wanted to know if the area showed was to be mined in 1981 ; 82 and 1983 . Atty Winn said that it does . Atty Perkins said that his impression was that it was going to look like the reclamation plan at the end of 1983 , because the 2 plans were entered together . Atty Winn said if you look - at the contours you could not possibly get those contours within that time frame . Atty Winn said that within the resolution the special permit can be revoked at any time if Mr Eddy is not complying with the ordinance . Atty Perkins said that he was concerned if Mr Eddy gets a permit for 3 years and half way through the third year he decides to sell this property the town is no longer dealing with Mr Eddy and he has gotten all of the gravel out of there he can . How would the town know that the parcel will never be reclaimed ? Atty Winn said what if Mr Eddy never applied for a permit at all , at least he is making an effor to improve the appearance of the land . Right now you would be with the land in its present state . Supv Cotterill said that we are better off now even before he started because now it is an eye sore and noone is obligated fix it . Clm Tarr wanted to make sure that we are not going to be in a worse situation that we are now . Supv Cotterill didn ' t think that we were and anything Mr Eddy does will make it less expensive to reclaim it than what is there now . Clm Metzger wondered if the town could possible make the land non- transferable ? Atty Winn said that you could make the said that you could make the permit non - transferable . {: Supv Cotterill said that it really doesn ' t matter because the next person has to live up to the permit or it will be revoked . You have a bond and the town will not release it until the land has been reclaimed . Atty Winn wanted to know if Mr Eddy wanted to move to a completely different area could the town require hime to reclaim an area that he did not work ? Clme Tarr said the if he moved to a completely different area , than the town could have a complete different concept of what they are going to allow: . Atty Perkins felt that the town should consider ammending the resolution that would state that there will be no activity within 100 feet of any property line . Supv Cotterill felt that would be acceptable . Atty Perkins would like to see that if Mr Eddy is going to be within that 350 feet , even if it is not pursuant to the reclamation plan before Mr Eddy is done with it , that the land within 350 feet be no more than an 8 percent grade . Also , that the contract with Mr Eddy , the permit not be transferable and an authorization by Mr Eddy for the town , or its agents , employees , or contractors to go on the land and reclaim the land if necessary . Atty Perkins wanted to know what good was the reclamation plan and bond if the town couldn ' t get on the property if Mr Eddy left . Supv Cotterill assumed that the town would have the legal right to go on the property and reclaim it if necessary Atty Perkins said that the town did , but he wanted it made clear . Atty Winn said that was the big unknown , because himself or Mr Eddy do not know what the demand for gravel will be . ATTORNEY Atty Perkins reported on unsafe buildings and collapsed structures . He felt that instead of ammending the town ordinance that town should adopt a local law providing for the repair or removal of unsafe buildings and collapsed structures . Atty Perkins prepoared a proposed local law fors the board to review . Also reported that HAMY Investors , who had purchased the former Frank Robinson property , that he had inquired from their attorney what their plans were . Their attorney informed him that they have the property on the market and claim that the present foundation there could be of economic value to any potential buyer . They are making efforts to sell the property . Atty Perkins said that in reviewing our town ordinance on unsafe structure he found that this property would no come under that section . What is really there is failure to complete a building within 1 year , Section 1605 of the Town Ordinance . Atty Perkins recommended Z . O . Stewart to proceed under Section 1605 unless there is some positive indication from the owner that there is something going to be done . We are in the same situation we have been for several years and felt that something . should be done now . Supv Cotterill requested Z . O . Stewart to send them a violation letter that if it isn ' t taken care of within a certain amount of time to turn the :matter over to the court . Z . O . Stewart said that this is the way they proceeded before . Atty Perkins felt that we will get better results this time . Atty Perkins said that himself , Clm Jordan and Clm Tarr will be meeting with Ceracche TV manager on February 23rd and discuss the line extension policy . There was some discussion about an extension for sewer and water off Sapsuckerwoods Rd area . If there isn ' t any problem with the proposal for enlarging the district there will be a public hearing in March . Supv Cotterill wondered if there had to be a resolution made each year for abandoned cars . Atty Perkins said that as long as it is on the books that is all that is needed and does not have to be renewed each year . Dryden Sewer & Wastewater Commission held I meeting and another one is scheduled for Feb . 17th . CORRESPONDENCE Ambulance report Received a letter from Cornell Univ . stating that they would like the Town of Dryden to remove the cars from the property before they release us from the agreement . Atty Perkins said that he would respond to Cornell . Letter from NYSE&G regarding the change of their billing method for street lighting . Letter from Town of Ithaca regarding Wastewater Treatment Facility Project Letter from NYS Assembly re : State Revenue Sharing Tompkins Co . Municipal meeting - Royal Court at 7 : 00 PM Feb 26th Letter from Ceracche TV letting the Town Board know that they do have a contractor and Virgil Rd should have cable service by mid February . RESOLUTION # 52 APPROVE FINANCIAL RECORDS OF THE TOWN OF DRYDEN FOR THE YEAR 1980 Clm Metzger offered the following resolution and asked for its adoption . RESOLVED , that this Town Board approve the Financial Records of the Town of Dryden for the year 1980 . 2nd Clm Tarr Carried RESOLUTION # 53 REFUND OVERPAYMENT OF WATER BILL FOR PENALTY - Janet Moon Clm Metzger offered the following resolution and asked for its adoption . RESOLVED , that this Town Board authorize the Supv to refund $ 2 . 89 to Janet Moon of 37 Sapsuckerwoods Rd , Account # 389- 0229716 because of overpayment on water bill for penalty . 2nd Tarr Roll call vote - all voting YES RESOLUTION # 54 TRANSFER FUNDS FROM 11114 to 1111 . 2 for Judge Newhart Clm Metzger offered the following resolution and asked for its adoption . RESOLVED , that this Town Board authorize the Supv to transfer $ 51 . 20 from 1111 . 4 to 1111 . 2 for Judge Newhart . 2nd ' Clm Tarr Roll call vote - all voting YES TOWN CLERK RESOLUTION # 55 APPOINT ELECTION CUSTODIANS Clm Metzger offered the following resolution and asked for its adoption . RESOLVED , that this Town Board appoint John Morey and Joe Petersen as election custodians for the year 1981 . 2nd Clm Tarr Carried DISCUSSION Atty Perkins felt ': there should be a committee to draw up a dog contract that will fit the towns needs and then present the contract to the SPCA or Mr Hilker . Supv Cotterill appointed Atty Perkins , Clm Metzger and himself for the dog committee to . work out a contract . JUSTICE REPORTS Judge Newhart - $ 2503 . 00 Judge Sweetland - $ 2356 . 00 Supv Cotterill appointed Clm Metzger and Clm Tarr to audit highway and general fund bills . RESOLUTION # 56 AUDIT 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 Metzger Roll call vote - all voting YES if 1 RESOLUTION # 57 AUDIT HIGHWAY BILLS Clm Metzger offered the -following resolution and asked for its adoption . RESOLVED , that the highway bills be paid as audited . 2nd CIm Tarr Roll call vote all voting : YES ZONING OFFICER .. . Issued 5 building permits for the month of January . 1 mobile home ; 1 garage ; and 3 storage buildings . ZBOA held no hearings . Z . O . Stewart reported that quite awhile ago there was some discussion concerning an electrical ordinance . The Town Board decided not to do anything about it because they didn ' t want to get involved . Z . O . Stewart thought that there might be one adopted that would just apply to multiple residents or whatever the town would like to put in it . Z . O . Stewart said that when he goes in :: to inspect a place he has no way of checking electrical outlets as to whether or not they are good or bad and does not feel qualified to do so . He said that the Fire Underwriters will send their men if the town has an ordinance if he requests them to . They will do this without charge • to the owner or the town . The Fire Underwriters will not do this unless the town adopts an electrical ordinance . Supv Cotterill said that the Fire Underwriters will automatically inspect a new hookup before NYSE&G will even hook up the power . It was decided that Atty Perkins will look into this concerning multiple residents . NEW BUSINESS Schedule public hearing for Allocation of FRS monies . March 10th . FINANCIAL REPORT REVENUES. . EXPENSES General Fund A $15967 . 91 $15209 . 46 General? Fnnd B 16012 . 71 1441 . 48 Fire Protection District 117930 . 62 6151 . 87 Federal Revenue Sharing 14807 . 24 - 0 - Highway 36282 . 86 57294 . 03 Adjourned : 9 : 30 PM f 5.OLLOark..t- 016 I j Susanne Lloyd K