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HomeMy WebLinkAbout1981-03-10 PUBLIC HEARING MARCH 10 , 1981 Allocation of Federal Revenue Sharing Monies Minutes of the public hearing held on March 10th at 7 : 30 PM Supv Cotterill read the notice that was published in the newspaper for the purpose of allocating $ 62 , 761 . 49 to Highway Fund from FRS monies for repairs and improvements . QUESTIONS AND/OR COMMENTS Dryden Senior Citizens withdrew their request because they would rather see improvements made on the town roads . . Closed public heating 7 : 35PM TOWN BOARD MEETING MARCH I0 , 1981 Minutes of the Town Board meeting held on the 10th of March 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 Jordan , Clm Webb , Clm Metzger , Atty Perkins and ZO Stewart Absent : Clm Tarr Approval of the minutes : Motion was made by Clm Metzger and seconded by Clm Jordan that the minutes of the Public Hearing and Board Meeting held on February 10th be approved as submitted . COUNTY BRIEFING Co Rep Tillapaugh reported that they are in the planning stage for a cross county highway from Rt # 366 to the southern part of the City of Ithaca that would effect the Town of Dryden . There has been one meeting and another one is scheduled in the near future . The plans that were drawn up by the engineers would involve Hanshaw Rd to Freese Rd and would follow Freese Rd to Forest Home area and would come out near the Cornell fleet garage . It would reenter Rt 366 and continue west to Caldwell Rd through the apple orchard and then come out between the Ellis Hollow apartment complex and the East Hill Shopping Plaza to Pine Tree Rd to Rt 79 . These are the plans at the present time . He was concerned as a county representative as to how the road came out in the East Hill area . Clm Webb wanted to know if the town ' s request regarding German Cross Rd bridge was received by the county ? Co Rep Tillapaugh said that it had . Supv Cotterill said that the Planning and Public Works Committee at this point does not have any money proposed in the budget this year and unless there is pressure from the people in that area there will not be any more analyzation done on the bridge this year . Co Rep Tillapaugh said that has not been a decision of the committee . Supv Cotterill said that is obvious , that if there is not any pressure they are not going to do anything right now . When the next budget year comes up it depends on what happens between now and then . If there are fire departments and individual groups that feel there is a very impressive need for the county to do something then the county should know about it . The Town will be working with the fire companies and will get their feelings . Clm Webb felt that if the bridge is neglected this year , the money should be in the budget for next year because you can ' t leave the residents over a year without fire protection . tl Co Rep Tillapaugh said that as far as he was concerned there is a dangerous situation there and felt that since he is a representative he is responsible if there isn ' t • something done . Co Rep Watros said that the- people that have been neglected from the services have not voiced any concern to the county committee at this point , we have only heard oppositions . Supv Cotterill said that the town__ will talk with some of the people that are interested in a new bridge and the fire companies to get their input and will contact the county as to what the feelings really are . CITIZEN PRIVILEGE OF THE FLOOR Susan Ziercher from Rt 38 in the Town of Dryden wanted to know if the Town Board would make a statement against the proposed toxic waste treatment plant in the Town of Richford . ' Supv Cotterill wanted to know where this would be located ? Ms Ziercher said the proposed site would be on State Land and ' just south of the Cortland County Line . behind • I (p ` . Harford Mills . Cim Metzger said that it was mentioned at the Assoc . of Towns Meeting in New York and there were about 178 sites that they ' have in mind and they have no idea where they are going to put the sites . There was some discussion and the Town Board decided not to take any action until there was more information available . Mr Ned Wait from Ceracche TV reported that The was meeting with Atty Perkins , Cim Jordan and Clm Tarr on the 26th of March to go over the franchise . He also reported that the town has received a letter requesting a rate increase . Supv Cotterill wanted to know if he had any feed back concerning areas on North Rd and other requests for cable extension ? Mr Wait said that before he could answer this there would have to be a formula worked out which they plan on doing the 26th . COUNCILMAN PRIVILEGE OF THE FLOOR • Clm Webb reported that he was glad to see that there was going to be a traffic light installed at the corner of Rt 13 and Rt 38 . . Supv Cotterill read the letter from NYSDOT stating that they are taking steps to cause the installation for the light and will be installed when their schedule permits it . Clm Webb also reported about the bad intersection at Rt 13 and Yellow Barn Rd . He felt that the town should contact the state about the matter . There is a building close to the road and also a truck parked there that obstructs the view . Anyone has to be almost in the road before they can see if any traffic is coming . Co Rep Watros thought that the problem might be solved if they have the state put in a ditch there . They don ' t like to do in on existing businesses only new ones , but they might consider it since it is a hazard . ATTORNEY Atty Perkins reported that Mr Lucente filed with the town a petition under Article 12 of the Town Law for the % estab ithhmen =.` for a water and sewer district on Oriole Drive . Atty Perkins said that he has reviewed the petition and it was his opinion that the Town Board would have to deny the petiton because it is legally insufficient . Therefore , he did not schedule a public hearing . Also , Mr Lucente has an expired letter of credit regarding Cardinal Drive . According to Hwy Supt Humphrey , Cardinal Drive has not been completed . Atty Perkins said that he will get in touch with Mr Fabbroni and explain to him what the problem is with the petition . It can be easily corrected and with the boards approval he can prepare the necessary documents to set the petition up for a public hearing . Atty Perkins felt that he should also , express the expired letter of credit at the same time . Supv Cotterill said that the town had notified Mr Lucente one month before the letter of credit was to expire and the town has not heard anything from him . Supv Cotterill felt that Atty Perkins should inform him what should be done for the letter of credit to be brought up to date to protect the towns interest . Also , refile the petition to whatever is legal to have a hearing , and then authorise the town attorney to inform Mr Lucente of these . If they are done than the town will schedule a public hearing for the extension for a water and sewer district . Atty Perkins also reported on the electrical inspection law . The District Representative of the NYS Board of Fire Underwriters went over a list of services that they will provide and what they need from the town to provide these services . The town could not adopt an ordinance or Local Law which would only apply to the electrical inspection for multiple residents . If it is adopted , it will have to apply to all construction . The town could therefore , have it apply only to construction work where a building permit is required . Any new construction which would be undertaken would have to be inspected where there is an electrical installation . Supv Cotterill said that it has to be inspected now by the Fire Underwriters before NYSE&G will hook up the electricity . Atty Perkins said that the service that they would be providing here would be to provide the town with a copy of their inspection , including things that were out of code and out of their specification . They would provide this service free to the town and would in turn charge the customer for this service . Supv Cotterill wanted to know if there was any difference between this code , the state code , and the Fire Underwriters code ? Atty Perkins said that they base it on the national electrical code . He felt that the intent was for this to apply to situations where a person is required to apply for a building permit . The average person who is remodeling his den and installs a new electrical box which would not require a buidling permit wouldn ' t run into the problem of getting it inspected . However , where a building permit was required , Mr Stewart would have to issue a certificate of occupancy and would have to have a satisfactory report from the Fire Underwriters . There was some • discussion and Atty Perkins said that the board would have to either adopt by ordinance or local law to authorize or require this . It cannot be done by resolution . The best way to do this is by local law and has to be introduced by a board member . , Clm Metzger introduced- a- local law for an electrical inspection law . . /'7 Atty Perkins said that he will draft a local law and present it at the next board meeting . Clm Metzger wanted to know if a board member is sued individually should the town have a pre- existing local law to establish funds for defense ? Atty Perkins said , that there are 2 ways of - looking at it . 1 - what is the likeness that you will get sued individually rather than as a town board . What this does is that it allows the town to defend you without having to look into the fact as to whether this is an act as a town board member or not . If you are sued , and it looks like it is related to your office as a town official the town will defend you . Clm Metzger said that the law has to be established so that funds are available to provide a defense before the time of the claim , which we don ' t have . Atty Perkins said that you don ' t actually have to set the funds aside , but the town will make whatever appropriations are necessary to pay the defense . . Atty Perkins gave his opinion as to what the town could do with regard to the dog contract . If the town wants to continue to contract either with the SPCA or the County SPCA end that is allowed . It is not necessary that the town contract with the county . If the town wants to contract with a private individual it is permissible with certain guidelines and restrictions . It is permissible under the new Ag & Markets law for the town to maintain a shelter by law leasing the facilities . Whoever it is leased from will be the dog control officer . The town will have supervision , control and access to the shelter . Marge Pough , Catherine Brown and Deborah Levin gave the board members a report from the SPCA . Clm Metzger felt that the town should go with the SPCA this year since we have more dogs . The town should wait and see how it works out for the other towns with a smaller amount of dogs that are going with Mr Hilker this year . Marge Pough wanted to make a comment since she works at the shelter . One part of the revenues that come in from dog control are owner claimed . 60 percent of the dogs that were picked up were in the Town of Dryden and owner claimed . Many dogs that do come into the shelter are unidentified . They have no collar or license , but since they have been in this business long enough they . do recognize some of the dogs that come in . They do have a dog that lives in the Town of Ithaca and is always picked up in the Town of Dryden so the $ 30 . 00 impoundment fee goes to the Town of Dryden revenue . If the dog is not owner claimed or is not recognized it is euthanized and there is no money coming in . They are working on the delinquent dog list for December . The enumeration for the town is 2/ 3 done in the northern part and the southern portion of the town will be finished in about 3 weeks . Supv Cotterill wanted to know how many dogs they were finding that were unlicensed ? Marge Pough was not sure for the Town of Dryden and it does vary from town to town , in some areas in Dryden it is quite high . Supv Cotterill said that he cannot conceive of this town board contracting with anyone unless it is clearly stated in the contract that there will be an enumeration done on . a yearly basis . If it is not he is not interested in a contract that does not have this in the contract . He thought that if the SPCA felt that they could not afford to check once a year for unlicensed dogs than they really aren ' t going to do the service that he as a board member is going to demand . This is his personal conviction and felt that it was very irrevocable . This is going to be his first demand and if we can ' t have it done , and we have to pay a . huge price to get it , he certainly is willing to find out what the next person will charge . Deborah Levin wanted to know if they could do dog enumeration every other year ? Supv Cotterill said that he would not go along with enumeration every other year because he can see 20 to 30 percent of the dogs in the town that will go unlicensed for a year . He cannot see forcing people to pay for a dog and ' have . another 300 or 400 dogs in the town that are not licensed for up to 2 years . To him this is where the dog I officer is going to make his money . If the dogs are not licensed he isn ' t going to I get his fees . - . Marge Pough said that every dog that comes into the pound that is not licensed goes out licensed . Supv Cotterill said that in the town , other that when you actually get a complaint you are not out there and the town is not asking you to run up and down the road looking for dogs , but to answer complaints . There might be a large area that you would never go into if you don ' t receive complaints . We are not asking for patrols , and not asking for you to ride around to look for violations . We are asking for. 2 things ; cover the complaints and check once a year for unlicensed dogs . To him this is not an unreasonable request for the amount of money that they are receiving from dog license monies . Deborah Levin said that the SPCA Board would have to look at that because they did feel this year that it was more expensive that they could afford . Supv Cotterill said that is what this board needs to know and to know what someone else will charge to do the same thing . Deborah Levin wanted to know if anyone else has offered to do an enumeration along with their contract . Supv Cotterill said offered or not they are not going to sign a contract with the town unless they do the enumeration because this is the most important part . Deborah Levin said that there are other considerations . Clm Webb said that there is just to much dishonesty , because if they know that you are going to come around everyother year that dog will be 2 years old before it is licensed . Marge Pough wanted to know how much was paid when the dog enumeration was done before ? Supv Cotterill said that it was 50 cents a dog . Mrs Brown said that if you pay per animal there is an incentive either to the private person doing it or to the SPCA . Supv Cotterill said that it should be an incentive either way because for every unlicensed dog they find they will receive money for it and they are getting the fees already from the licensed dogs . ' If they find many violations they are also going to get the fine money . . Mrs Brown said that this new dog law makes it difficult because now the dog licenses come due from Dec to May . Her license was due in March and if the enumerator had come around in Dec her dog was licensed until March . Marg Pough said that was not the way they were doing the enumeration . The dog enumerator asks to see the license tag and the paper . . If the dog is currently licensed/ tTha,t _ owner he doesn ' t issue him anything . If they are not licensed then they are issued a form and a certain number of days to license the dog . They are issued a summons if they are not licensed within a certain number of days . Deborah Levin wanted to know if the SPCA does decide to do the dog enumeration every year will the Town of Dryden sign the contract ? Supv Cotterill said that he would look at it . Mrs Brown said that she came tonight as a resident just to ask about the other possibilities because she would hate to see the Town of Dryden go back 10 or 15 years to the way it was when dog control was in the hands of the Sheriff . If a dog was picked up it was kept tied up for 5 days and if not claimed it was shot . This would be returning to the dark ages with this kind of dog control situation . Supv Cotterill assumed that the state sets qualifications as to what happens in the dog pound and is sure the state will check that it is followed . Also , the state checks the SPCA to see that the law if followed . Marge Pough said that unidentified dogs must be held for 5 days and we are much closer to the Town of Dryden residents for people to check . They also can recognize different breeds of dogs . They also keep a running lost and found dog list which is announced over the radio . If someone finds or loses a dog theycall in with the description and they would have the description of the dog there . They felt that someone else could not really provide that type of service . Clm Metzger said that he would go along with the SPCA and Clm Jordan said he would also , if they do the dog enumeration every year . Deborah Levin said that the SPCA board would be meeting the 16th of March and she would have to report back to them at that time . Supv Cotterill said that he was very disappointed that it took until March 1st of 1981 to do the 1980 dog census . He was in favor of looking elsewhere to see what the possibilities are , the facilities and costs are before he would even consider paying the full price that the town did last year and not get a dog census taken . There is no way he would consider paying more until he has analyzed all other possibilities . This does not mean that he has made up his mind until he has been able to analyze the total costs . He is not in favor:. of raising the dog fees . to raise more money unless he can prove to himself that there is no other :way that they can get the job done . It appears that Mr Hilker has indicated that he will do whatever the town wants him to do for less mone , but this is not final . Mrs Brown wanted to know who will receive the complaints if the town goes with Mr Hilker ?` Supv Cotterill said that whoever the town contracts with will receive the complaints . He is willing to go on a month to month basis . He would want in the contract that the town would have a right to cancel the contract at the end of any month if he fails to fulfill any obligation that the town required , therefore the town will not be obligated to continue if he doesn ' t . . Deborah Levin said that the SPCA preferred not to do a dog enumeration in 1981 , other than what they are doing now . If most of the towns insist that Cher be a dog enumerationlevery year they will have to look at it more closely . Clm Webb said he would go with the SPCA , but would insist that the dog enumeration be done every year . The decision was tabled until next months board meeting . 157 Deborah Levin said that as a resident and a dog owner in the Town of Dryden she has gotten to know the SPCA fairly wthll in the last year and she certainly trusts them . Mr Hilker is an unknown quantity as far as she was concerned . Marg Pough said that she was also a resident in the Town of Dryden and a dog owner . She lived in _ a town before that had a very poor dog warden and knows what it is like . It really is nice to live in a town that does have dog control and if there is a problem something can be done about it . Supv Cotterill said that when people pay $10 . 00 for a dog license they want to know what the money is used for . Mr Cleland reported that the Recreation Committee wanted some advise from the Town Board . There was some money allocated in the program for an adult program . In January there was response of 100 people interested in an adult program and they only had facilities for 50 people . He felt that this pointed out that there is a real interest in the community for some adult programs . What their committee is facing at this time is whether or not the Town Board feels that a registration fee is appropriate to add to the adult program to make them self- sustaining . There was $150 . 00 in the budget for this year to see if such a program would work . Places that do have adult programs do charge a registration fee . The Recreation Committee felt that it was up to the Town Baord to decide and they would do whatever they decided . They have about 40 people who are still interested and an instructor that is available . Mr Cleland said that they do have the money available in the budget this year so that they could offer a second night of programs to those people . The youth commission committee could offer the second night if the Town Board would authorize a transfer of funds from one catagory to another . Mr Cleland said there are 2 decisions . 1 - does the Town Board want the Recreation Program to offer a second program and 2- does the Town Board want the Recreation Program to consider these programs for the future with some type of registration fee to make them self- sustaining . Mr Cleland ' s concern was the he didn ' t want anyone questioning the authority of the recreation committee , since theirs is to oversee the program and the town authorizes the payments . It was decide since there is a contract involved it would not come under personnel so there was no action taken to transfer any money . Mr Cleland said that he will keep the board informed with their plans as the demands arrise for adult programs . . TOWN CLERK . RESOLUTION # 58 AUTHORIZE TOWN CLERK TO PURCHASE ONE VOTING MACHINE Clm Jordan offered the following resolution and asked for its adoption . RESOLVED , that this Town Board authorize. the Town Clerk to purchase 1 voting machine with printed return mechanism and the Supv be empowered to make the necessary transaction not to exceed $ 3 , 000 . 00 2nd Clm Metzger Roll call vote - all voting YES ZONING OFFICER No building permits were issued for the month of February . ZBOA had 1 hearing which was cancelled because the people who applied changed their mind so that they didn ' t need a variance . Reported that he had hand delivered a letter of violation to Atty Winn with regard to the former Frank Robinson property . CORRESPONDENCE Read letter from Mr Harland Carpenter , - Dryden Senior Citizens with regard to decline FRS money . Ambulance report State equalization report Letter from Ceracche TV requesting rate increase JUSTICE REPORTS Judge Sweetland - $ 2517 . 00 Judge Newhart - $1917 . 00 RESOLUTION # 59 TRANSFER _FUNDS FROM ITEM # IA to ITEM #1 Clm Metzger offered the following resolution and asked for its adoption RESOLVED , that this Town Board authorize . the Supv to transfer $1440 . 00 from Item #1A to Item # 1 . 2nd Clm Jordan Roll call vote - all voting YES RESOLUTION # 60 TRANSFER FUNDS FROM HIGHWAY FUND TO CAPITAL FUND Clm Jordan offered the following resolution and asked for its adoption . RESOLVED , that this Town Board authorize the Supv to transfer $1503 . 53 from Highway Fund to Capital Fund 2nd Clm Metzger Roll call vote - all voting YES Supv Cotterill appointed Clm Webb to audit the general fund bills . ' FINANCIAL REPORT REVENUES EXPENSES General Fund A $ 67000 . 36 $ 36012 . 69 General Fund B 347 . 87 817 . 02 Fire Protection District ' 4538 . 60 117550 . 00 Federal Revenue Sharing 198 . 32 10 . 73 Highway Fund 464075 . 11 48632 . 90 Supv Cotterill reported that there will be a meeting on March 24th at the Dryden Fire Station concerning sewer in the Yellow Barn and Etna area . There was a hearing held in Dryden which included area north of the Dryden Village line . on Monday the 16th . There will be a hearing held in the Village of Freeville which will include the area near Werninckville and Freeville Village . Supv Cotterill stated another question had been raised about mileage paid to representatives for the Town of Dryden for non - elected officials . There is only money in the budget for elected officials . The question has come up for people that are serving on county committees that are not elected . In the past the town has never paid representatives that are not elected and he would like the boards feeling on this matter . There was some discussion . Clm Webb was in favor because • of the price of gas . Supv Cotterill said that you either have to say that you are going to pay mileage for anyone driving to meetings concerning the Town of Dryden or you are not going to pay . It would be hard to say for one and not the other . Atty Perkins said that he didn ' t feel that you could compensate them if they were attending a regularly scheduled meeting . T: 'Iiit requires the use of their car to go somewhere on town business other than a meeting , they could be paid mileage . There was some discussion and the board felt that they needed some clairification . . Don Gilbert wanted to check with the Town Board about being bingo inspector and also being a member of the fire department . Mr Gilbert said that he was asked if the fire company gives 3 percent of their proceeds to a charitable organization . He told them that he did not know for sure so he . called the Bingo Commission and was told that the fire company does not have to , but the VFW does have to give to a charitable organization . . He also asked if it was legal for a member of the Fire department to be bingo inspector . Supv Cotterill said that we had called about that last year and it was legal . Mr Gilbert said that they change the laws every so often so he was wondering if it would be a good idea for him to give it up since he is a member of the fire department ? Mr Gilbert said that he called Mr Sickman , who is the other town constable to see if he would be interested in being the bingo inspector and was told that he would not be able to because he has already promised the VFW that he- would work on their games . Supv Cotterill wanted to know if anyone had told him it was illegal to work ? Mr Gilbert said that the person in Rochester told him to make it good he had better resign as inspector . Supv Cotterill said that we had called them last year to make sure it was alright before we made the appointment . He wanted to know if Mr Gilbert had any suggestions as to who would do the job ? Mr Gilbert said that he asked someone if they would be willing and was told that he would finish out his term . Supv Cotterill said that he didn ' t want to see any problems , so if the Wagering Board in Rochester said that it is better not to be a member than he would - prefer to do something different than to gamble on the Fire Deparment and VFW. He didn ' t want to see anything that was going to jeopardize their bingo . The Neptune Hose Co # 1 is completely different entity within the Dryden Fire Department . Atty Perkins said that he would check into the legality of this . RESOLUTION # 61 AUDIT HIGHWAY BILLS Clm Metzger offered the following resolution and asked for its adoption . RESOLVED , that the highway bills be paid as audited . 2nd Clm Webb Roll call vote - all voting YES RESOLUTION # 62 AUDIT GENERAL FUND BILLS Clm Jordan 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 r Adjourned : 10 : 00 PM •.`. Ltea2rn-C.. /e, Susanne Lloyd Town Clerk 1 . a SPECIAL MEETING • < / March 30 , 1981 Minutes of the special meeting held on March 30th at 7 : 00 PM Supv Cotterill called the meeting to order . Present : Supv Cotterill , Clm Tarr , Clm Jordan , Clm Metzger , Clm Webb and Atty Perkins . RESOLUTION # 63 APPROVING CHANGE IN DISPATCHING EMERGENCY VEHICLES IN THE TOWN OF DRYDEN Clm Metzger offered the following resolution and asked for its adoption . RESOLVED , that this Dryden Town Board send a resolution with the letter from the Dryden Fire Department to the County Coordinator , Jack Miller , stating that this Town Board approves of the change in dispatching emergency vehicles in the Town of Dryden a,CCgrding to the letter and map enclosed , to become effective April 1 , 1981 . 2nd Clm Tarr Roll call vote - Supv Cotterill YES Clm Tarr YES Clm Webb YES Clm Jordan YES Clm Metzger YES Supv Cotterill read a letter from Atty Perkins stating that he had researched the matter concerning bingo inspector and felt that the town should have a bingo inspector that is not connected with the Dryden Fire Department , Neptune Hose Co # 1 Inc or the VFW . In his opinion there is a possible conflict :of interest with the appointment of bingo inspector RESOLUTION # 64 APPOINT BINGO INSPECTOR Clm Jordan offered the following resolution and asked for its adoption . RESOLVEDI that this Town Board appoint Roger Lampila as . Bingo Inspector to replace Donald Gilbert to become effective April 1 , 1981 . 2nd Clm Metzger Carried Supv Cotterill reported that he had received a letter from the owner of Parkwood Village , formerly Schwans Trailer Park , wanting to connect one road to another dead end road . This might involve the town if the town still owns the r-o- w on the abandoned road. • (Stevens Rd ) . Supv Cotterill wanted Atty Perkins to see if the town does have any title to the abandoned road . If the town does have title can the town deed what right we do have to the owner of Parkwood Village ? He couldn ' t see getting involved with the owner every time he wanted to do something near the road . There hasn ' t been any public road there in the last 40 years . There was some discussion about when the road was really abandoned . Supv Cotterill felt that this was one of the real old roads that no one ever had a deed to . It was used by the town and when the town quit using the road it was abandoned . Clm Jordan wanted to know if it was abandoned didn ' t it go back to the owner ? Clm Tarr said that if it was never on the inventory it is the same thing as being abandoned . If if doesn ' t show up on the inventory then it is officially abandoned . Supv Cotterill said that the road was not on the highway map that was back in the 60 ' s . Supv Cotterill wanted Atty Perkins to check into this matter to get it straightened out . Supv Cotterill reported that he had received a letter from the County wanting the town ' s evaluation of the County Youth Board . He felt that as a town we did not gain that much from the County Youth Bureau and felt that our town youth committee was doing the same thing for less money . Some of the questions were how active was our representative what did he do for the town , and how often did he report to the Dryden Town Board on what the County Youth Committee did for the town . Supv Cotterill said that he stated that the town has never seen Dave Morrissey who is the town representative , but he knew that the town had appointed him and he didn ' t know how often he had attended the meetings or what he had done for the town , but knew that the Town of Dryden had not gained anything . Also the Tompkins Community Hospital would like a suggestion from the town for a member I for their hospital board . Supv Cotterill reported on the joint sewer meetings that have been held . The engineer said that there is no advantage to a big joint program . The individual areas should do the sewers separately . The engineer did hand out a questionaire and some of the questions were ; what area did you live in , and whether or not they were interested in a sewer development : The alternatives. were do nothing , and let each individual take care of their own septic system with approval of the Health Dept . If 20 percent of an area had a problem they could get together and build a cluster system . The other alternative was to put in sewer lines and carry it to a common area with a big sewage: area and drainage field or take everything to Ithaca ; which was the most expensive . There will be a meeting with the engineers sometime next week . With regard to Freeville the town will not do anything concerning Werninckville until the Village of Freeville decides what they are going to do . The area just north of the Village of Dryden is 1 the most practical area , because there are already sewer lines and a plant close by . If anything is going to be done , applications have to be in within the next month or so . The town will have to take a direction and have the engineers put in applications for grants . Sewer programs are funded through ;1981 and 1982 . If we do not get the application in early they will never be looked at , unless there are future funds available . The area just north of Dryden Village is mostly commercial . If anything is done it will include all of the land from TC 3 to the Dryden Highzehool -since it is all zoned commercial . In the engineers report it would cost about $ 30 . 00 per unit to build the line in this one district . The cost would be particularly high to the trailer park . Right now , there are approximately 20 septic tank systems . The Health Dept . said that right now it is not a critical situation with these tanks , but in about 5 years there will be a saturation point and the systems will not function properly . At that time Mr Petrillose will be forced to put in a collection line to have it moved . There are problems n'oow in the spring of the year with the laundromat . The town would have to contract with the village to transport the sewage to their treatment plant . Supv Cotterill said that all the town can do is to propose something and hold a public hearing to see what the reactions are . If the town does decide to go ahead the people have the alternative to say that they don ' t like it and demand a vote . He wanted to know if the town decided to propose a sewer district what would have to be done first ? Atty Perkins said the alternative method of forming a district under Article 12A of Town Law is that the Town Board can adopt a resolution , subject to a permissive referendum to pay the cost for a plan and a study for a sewer district . There are 2 factors involved , the cost of the district which is apportioned among the properties benefitted according to the benefit they derive from it . The second is the operation and maintenance plus the annual contract with the village which is a separate billable item . The Board can adopt a resolution under Article 12A . The requirements under 12 and 12A are a little more strict . The first requirement is that board has to adopt a resolution under Article 12A and under Article 12 there has to be a petition . There are 2 parts that have to be distinguished . There is the petition part and the referendum part . In either event the resolution under Article 12A which you would be the initiating body is subject to a permissive referendum . The resolution after a public hearing under Article 12 is also subject to a permissive referendum . In other words , no matter what is done will be subject to a permissive referendum . Article 12 says that if 50 % of the owners of the assessed valuation in the proposed district petition the town board to establish a district the town board must hold a public hearing . Youinust have - 50 % of the assessed valuation sign a petition . The boards function is to determine whether or not the petition meets the requirements of Article 12 . That is whether or not it is properly formed , if the properties would be benefited by it . If all these determinations are in order , than you may adopt a resolution that the town pay for a map and . a plan to be prepared for this district . What is subject to a permissive referendum is the resolution . provided that the town pay for the map and plan . This is true under Article 12 and Article 12A . If no one files . for a permissive referendum within 30 days than the resolution would take effect . The appeal from that order is in Article 78 proceeding . This is the establishment for the district . The board maketh findings with respect to the district . The Town Board would make those findings and adopt an order and would enter it with the Town Clerk . f The key thing is the appeal and not a referendum but a court proceeding with the local supreme court , which is under Article 12 . Under Article 12A there is an alternative proceedure , other than the formal petition . The Town Board would adopt a resolution to pay the ' cost not to exceed a certain amount of money for the preparation of the map and plan of the proposed district . This resolution would be subject to a permissive referendum . The resolution should state that the Town Board would like certain engineers to prepare , pursuant to Article 12A a map of the general plan for the proposed sewer district north of the Village of Dryden , whos line generally include certain boundary lines . Supv Cotterill wondered about including TC 3 and Dryden School since they already have contracts with the village ? Atty Perkins said that the contracts will be running out and that TC 3 and Dryden School should definitely be included with the town as part of the district . Supv Cotterill wanted to know about the property near TC 3 that is owned by Manley Thayer ? He felt that it should be included in the sewer district since it is located between TC 3 and the village limits . Atty Perkins said that he would have to check , but thought that property like this would be benefited by a sewer district . Atty Perkins said that the referendum only comes into play for the 30 days immediately following the adoption of your resolution to appropriate the cost for the map and study . If there is not action taken within that 30 days than that is all there is . Supv Cotterill wanted to know what happens after the 30 days are up ? Atty Perkins said that you will not have a public heating until after you have a map • of the district and a plan . Supv Cotterill said that there were several public hearings and were well advertised and every person that was on the tax roll in the proposed district were sent a written notice at least 2 weeks in advance . There were about 3 people in that area that asked . . . . . , . . . l r Dnyden Fite Depat .tment Dnyden: , New Voifa 13053 Mauch 23 , 1981 I • Dnyden Town Boatd Dnyden , New . Vonfz 13053 Dean Boatd Membei4 : Ass Fine Ch .Le6 o6 the Dnyden Fite Depan -tment and ats Captain of the Dnyden Ambu .tance , we ate wi .itLng th.i4 .eet.ten negand .Lng ambulance eovenage and d .L4pateh .Lng within the Town of Dnyden . The main area eoncetn ti6 the Vanna Fite D.. 4tk.ict which £ . in t he Town 016 Dnyden . Th4 area £ coveted by the Vanna Re4cue Squad and Bang 's Ambui.' ance . The4e peop -Le ate taxpayet4s in the Town oU Dnyden and the -in taxe6 ate ' oA ambu .eance covenage by the Dnyden Ambu .eance . • W e ate , theteAone , teque4tLng that ail 6u.tute caU4 Got an ambu .eance within the Town o6 Dnyden be automattca .ely d.iapa .tched a • Dnyden Ambutanee by Fite CenttatC D .. 4patch Pet4onne ,e , un .ee46 the peL4on teque4 -t4 ano2hen ambu .eance to ne4pond . It ,iA lie .et that Vanua hays an exce .e .een -t Re6cue Squad and ,tta,ined petisonne .e who would covet any time jac ,ton zhatmay be -invo -cued . We vie atso enc .eo4s .ing a map 4howAng an area in the Town oU Dnyden t hat w.it& au .toma,t-Lca .e .ey be eovened by S .ea . env .i. tZe Ambu .eance afs mu - ua .e aid Son Dnycl. en . Wowed you ptea . e nev .iew the above and e. ndon4e .it , .then £ oAwatd to John Mitten , Coond .ina. . on , Tomph. .in4 Coun :iy Fine and D.i6a ,tet . S -. neene .ey youn4s , Don iaJd Geben .t , ChLe6 .1 ` Fn.ic L . 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P is r ELLIS 0 \ 1, 11 \at = cr% _C i Ry 0 \ ‘ / CRffK v R�'= = \ / � SLARSIANTON ywRV1SR9:Jil •. � QJUII�� 16. q t : v<:. `� Un 4// II QII cr° ' Sp J�' W 11 III bt''�{ �' // 11 // ( ' • V. Ira 4 O f } /.� 1 1:; ��f: •::.: :.1•::.•: ti :`. '}. . . .. .. . . !I:16Y.'rrV'f •"'' •: "1.C :, ikAa� r, `; t 79` .! �.y / '♦ 6 ?'i�a�'�. • ae f of • ) C '', it• • :•::�•:. ' 1„11�1+ . : :::. .. . . . . . :: ' ' . ”.-\ . . ''!\ BESEMER SLATERVILLE 70 \\� I • ' i -AI'•,`'•.?�. 11 riPRIN.as :RT?ORb..SLe l ® �� jt\7% GRAPHIC SALE• IS.> _ a ,' ' >tR ILCe 1 " = 1 . 1 Mi . 19/2%7 ...-9,t2-�-' , ,4ve 7t ' . <'vr.9 'z 7C )/ 'eii 'rn . H/0 ( VI 'c.%i'14t= J' s1N/2 ''aot(C" /1.il � f / ✓ • `, �Ijc . - ' • a . TOWN OF DRYDEN ® DRYDEN, NEW YORK 411/4\LP In the Heart of the Finger Lakes Region RESOLUTION # 63 APPROVING CHANGE IN DISPATCHING EMERGENCY VEHICLES IN THE TOWN OF DRYDEN CZm Metzger offered the following resolution and asked for its adoption . RESOLVED , that this Dryden Town Board send a resolution with the letter from the Dryden Fire Department to the County Coordinator , Jack Miller , stating that this Town Board approves of the change in dispatching emergency vehicles in the Town of Dryden according to the letter and map enclosed , to become effective April 1 , 1981 . 2nd CIm Tarr Roll call vote - Supv Cotterill YES C1m Tarr YES C1m Webb YES CZm Jordan YES Clm Metzger YES STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss : TOWN OF DRYDEN ) I , Susanne Lloyd , duly elected Town Clerk of the Town of Dryden , Tompkins County , New York , DO HEREBY CERTIFY : That I have compared the foregoing resolution with the original resolution adopted by the Town Board of the Town of Dryden at a special meeting of said Town held on the 30th day of March 1981 , and that the foregoing is a true and exact copy of said original resolution and of the whole thereof . IN WITNESS WHEREOF , I have hereunto set my hand and the seal of the Town of Dryden this 31st day of March 1981 . / 1 \` Susanne Lloyd Town Clerk ' a • questions . Mr Petrillose questioned the validity of it because he has a lot of units in his trailer park . Atty Perkins said that the resolution is what triggers the permissive referendum which is in the preliminary stages . He felt that the best way would be at a regular meeting • on the agenda have a proposed resolution under Article 12A to prepare the plan and a map appropriating a certain amount of money . All we are talking about is appropriating town money for the map and plan . After the 30 days go by that is it . The engineer is guaranteed his money . He comes with the map and plan , then you schedule a public hearing . At this point the mode of review is not the premissive referendum because we are by that stage . The mode of review is that you acted arbitrarily , capriciously , or your decision was unreasonable or not based on substantial evidence . The only mode of review at this point would be Article 78 . Clm Webb wanted to know who would vote ? Atty Perkins said that on a permissive referendum you must have 5 % of the total vote for governor at the last general election petition for the permissive referendum . If they petition then you must hold an election for the electors in the proposed district . All qualified electors vote to either approve or disapprove your resolution to spend ' the money . Supv Cotterill wanted to know what happens if the owner of the property does not live on the premise , but in another county ? Atty Perkins said all qualified electors in the proposed district . Since it is a commercial zone there would not be very many votes . Supv Cotterill asked Atty Perkins to have a resolution prepared for the board meeting on April 14th . Supv Cotterill reported that the towns met with Mr Hilker . Mr Hilker said that he would try and set up an arrangement if the Town of Dryden and Town of Groton sign a contract with him , but since that time the Town of Groton has signed a contract with the SPCA even though they are very unhappy with the services that they are receiving from them . At this point he was still interested and wanted to see how the town would make out with the SPCA . If the Town of Dryden cannot settle things with them then Mr Hilker said that he would try and help us out until the end of the year with the idea that the rest of the towns might go with him next year . He said that the supervisors are going to get together some time in June to look over the dog situation and decide whether or not they want to change fees or not . Between July and September when the budget is being prepared they are going to have a written agreement with someone for 1982 . No 4 more of going into December and January without a contract . All of the towns are unhappy , but they are scared to make a move . Th& towns are going to see if they can get some changes this year and if they can ' t then they are going to look at other . alternatives this fall . At this point Dryden doesn ' t have much of an alternative since all of the other towns have signed with the SPCA . He felt that the Town of Dryden should send a contract to the SPCA that we have drawn up and see what they will do and what their reaction is . The SPCA is now doing the 1980 dog census , and his point is that he can' t get any information in detail or in wr" i•tting . He has talked with George Patte , the SPCA attorney and he has been very cooperative . Atty Patte told him that the SPCA was doing the dog census now and Supv Cotterill wanted to know how many unlicensed dogs they have found ? Atty Patte told him his .last figure was 208 , but the town has not been covered yet . That would net them $1600 if they hadn ' t found these dogs , but it cost them more than that to find these so far . Atty Patte said that the SPCA will not do the dog census next year without the town paying for it . The SPCA wants the present amount of dog money to answer complaints . Supv Cotterill said that his opinion is that the town should require a monthly report of how many complaints they answered , how many unlicensed dogs they picked up , and should require an annual enumeration to have it completed by Oct 31st and the town will pay them on a monthly basis , that at the end of October if it isn ' t completed with the reports to the town the town will have the power to stop payment . He said the town has paid them 15 months income and they have not done last years dog census yet . Supv Cotterill said that there is no set fee , the town has an agreement with them that the town will give them everything we receive . If they do nothing we still give them everything we receive . We have no clause that we can stop at any point . We are paying the county quite a bit of dog money which they put aside for dog damage and with the agreement to the county that any money that is not used for dog damage is turned over to the SPCA plus what the town gives them . If the Town of Dryden was running their own dog pound that money would come back to the town . The town gave the county about $ 5655 last year and about $ 904 of that money was sent to the sate . There is about $ 4700 from the Town of Dryden in the county funds . He doubted the county spent $1000 for dog damage in the town so the SPCA would receive about $ 3700 . The SPCA is getting all fine money , the town asked for a certain amount of fine money to stay in the town to help cover court costs and that was not written in the contract last year so we are not receiving any fine money . He felt that if we are not going to get any more service than this we could keep half of the fines and keep 75 ' of the dog license money and still pay Mr Hilker the price he offered to do it and he guaranteed to do the dog census . Supv Cotterill aske Atty Perkins to draw up a proposed contract for the SPCA with the requirement what the Town of Dryden wants to see what their reaction is . __ & . Mr Hilker did : tell Supv Cotterill that if the town cannot get any satisfaction from the SPCA he will try and do something to help the town between now and the end of the year until something can be worked out with the idea that maybe he can expand next year with the other towns , but it is not feasible to try and do it for one town . Supv Cotterill said that is why he would like to see a monthly report as to what they are doing every month and how many complaints they are handling . This should be in the contract that the town wants a monthly report as to what they have done . The Town Board decided that they would put in the contract ; a monthly report , dog enumeration done by October 31st of each calendar year , and if they are doing a dog enumeration every month , that there is a report every month as to how many unlicensed dogs they have found and what part of the town is done , keep half of the fine money to cover court costs and keep 75 cents per dog for clerk fees . Atty Perkins said that he will have this ready for the 14th so that the board members can look the contract over . Adjourned : 8 : 30PM . J ■sts Susanne Lloyd Town Clerk