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HomeMy WebLinkAbout1981-10-13 M PUBLIC HEARING # 3 October 13 ; 1981 SPECIAL PERMIT - Gary Mullen , 470 Livermore Rd . Parcel # 36 - 1 - 14 . 1 and 36- 1 - 14 . 2 Build and operate a body shop Minutes of public hearing # 3 commencing at 8 : 00 PM Supv Cotterill read the notice that was published in the newspaper concerning the request for a special permit for Gary Mullen , 470 Livermore Rd to build and operate a body shop on his . property on Rt 13 and 470 Livermore Rd . , parcel # 36 - 1 - 14 . 1 & 36- 1 - 14 . 2 QUESTIONS AND/OR COMMENTS Supv Cotterill read a letter from Mr Frank Liguori , Tomp Co Planning Dept stating that there is no significant deleterious impact or intercommunity count or state interest . Therefore no recommendation is indicated by the Planning Dept . Supv Cotterill also read a letter from MrssJeanette Cortright , 449 Livermore Rd stating that Gary Mullen should have his permit and that he has done a lot for the neighbors . Mr Mullen said that it would be on Rt 13 . It will be 30 by 50 feet , pole constructed steel building . It will have 16 foot walls . anda 14 foot door on the end with windows . This will be just for body repair and no mechanical work . He would also like to sell a car or 2 from this lot . . Supv Cotterill wanted to know if the entrance would be off Rt 13 ? Mr Mullen said that there would be one drive off Rt 13 and one driveway from Livermore Rd . Atty Perkins wanted to know if he has a permit from . thestate to get on Rt 13 ? Mr Mullen said that it is in the mail so that he can get the sluice pipe . Mr Yonkin has been there to look it over and everything is okay . Mr Anderson has given him the results of the perk test and that is alright . Supv Cotterill wanted to know if this was just for him or was he planning on hiring anyone ? . Mr Mullen said that he may have One or two men , depending on how much business he has . The shop will not be big enough to have more than one or two people working there . Supv Cotterill wanted to know if he anticipated on having a lot of vehicles around ? Mr Mullen said that he did not , maybe he would have 1 or 2 while he would be waiting for parts , and they would be out behind the building so that they will be covered up from Rt 13 . There would not be any cars sitting out that he would be stripping parts from , only cars that he is waiting for parts . He would like to put 1 car out front if he had any that he could sell . Atty Perkins said that it has been the policy of this board in special permit cases to taylor it to theindividual • so that it can ' t automatically transfer ; Part of the decision of the board to grant the special permit is based upon the nature and history of the applicant and the boards feelings as to fill the terms and conditions of the application . This might be one factor that the board has previously considered . You might also want to make a condition of your special permit the things that Gary has expressed and that he can live within them . There will be no junk vehicles only cars that he is waiting for parts . Supv Cotterill wanted to make sure he understood that if sometime in the future he wanted to sell , it wouldn ' t stop him from selling , . but the new owner would have to come in and reapply for a special . permit . Clm Jordan said that he mentioned that he would like to sell some cars and would like them out in front . Would there be one car at a time or 2 or 3 cars ? Mr Mullen said that he really didn ' t know at this time , but he would say no more than 3 . Closed public hearing 8 : 15PM . E • /as TOWN BOARD MEETING OCTOBER 13 , 1981 Minutes of the Town Board meeting held on the 13th of October Supv Cotterill called the meeting to order at 8 : 15 PM Members and guests participated in the Pledge of Allegiance Roll call was by the Town Clerk : Present : Supv Cotterill , Clm Webb , Clm Jordan , Atty Perkins and Z . O . Stewart Absent : Clm Tarr , and Clm Metzger Supv Cotterill appointed Clm Jordan and Clm Webb to audit the bills . Approval of the minutes : Motion was made by Clm Jordan and seconded by Clm Webb that the public hearings and the board meeting held on Sept 8th be approved as submitted . Motion was made by Clm Webb and seconded by Clm Jordan that the special meeting held on Sept 29th be approved as submitted . ® COUNTY BRIEFING Frank Liguori and Dwight Mengel from the County Planning Dept spoke on the Tomtram Program . The Appalachian Regional Commission has made a grant offer to Tompkins County in the amount of $ 280 , 000 . 00 . The grant offer has been accepted by the county and the funding is for one year . Originally they had hoped to get about one-half million dollars , but felt that this would be sufficient to accomplishthe demonstration that they hope to do . It will give them sufficient money to buy some additional buses and to put together a program that would have several components . Tomtram has to do with a transportation service program that extends not only within the suburban areas in the Ithaca area but is beginning to extend out to the rural areas . Part of the program has been in operation for the past couple of years in the Ithaca area . Tompkins County , the City of Ithaca , and the Tcwn of Ithaca are jointly subsidizing the hospital bus run which is ari extension of the Ithaca Transit System . This is in its second year and is costing the county approximately $ 8500 . 00 a year in subsidies . There is also the Northeast Transity System operated thru a contractual arrangement . The city manages the operation , although they don ` t : . own the buses , they do the administration end of it . • This is a cooperative arrangement that involves the county , Cornell University , the Town of Ithaca , Village of Lansing. , Town of Lansing and the Village of Cayuga Heights . This has also been in operation for 2 years and is successful . The County share for this is $ 5700 . 00 . Supv Cotterill wanted to know the total subsidy by all municipalities ? Mr Mengel said the total for all municipalities is about $ 42 , 000 . 00 . About a year ago Cornell University , the County and the Town of Ithaca formed the third suburban run , which is the East Ithaca Transit . These are all designed primarily for : communter purpose service runs , but some have non-peak service during the mid-day . The East Ithaca run has been successful and is run by Cornell University . The county share for this is about $ 5 , 000 . 00 . Cornell share is $ 24 , 000 . 00 and the Town of Ithaca share is $ 7 , 000 . 00 , these are maximum subsidy levels . The cash outlay is less because the ridership has been so high . It is part of the Tomtram program that these will all be put together as one program and will be eligible for additional funding from the Appalachian funding , Section 18 funding from the State of New York , and transportation dept . In terms of extension of transit runs , one area in the county that they have identified other than the Ithaca urban area , where a fixed route type transit will work is the Ithaca Dryden corridor . They have definite cause for purchasing some buses with support from the Appalachian Regional Commission to buy these buses and insititute a fixed run for commuters and some mid-day service . The route will run from the downtown area of the city . There will be 2 different routes covering NYSE&G , Rt 13 , Freeville and Etna area , Dryden , TC 3 and Rt 366 . The operating subsidy for the first ,3ear on this program is about nineteen thousand twelve _ hundred _ . In carrying on the tradition , the county and other municipalities have had , there is some expectation on • part of the county that perhaps the Village and Town of Dryden and TC . 3 had indicated that they are willing to support it and maybe the Village of Freeville . Cornell University has definitely indicated that they desire to participate and to provide some funding III assistance for the local share . There are other areas of the county that they could serve with fixed transit buses and have them come out successful in terms of the cost . in other parts of the county they are talking about providing for some early risk support for services . This would be people that they would work with and perhaps they would buy a van that could be subsidized for the first year , but this would be a core thing for the rural parts of the county/ . They will also get some subsidies for van pooling . All of these are designed to improve the opportunities for people to go to their jobs without having to use their own car , particularly if there is only one person to a car . Through their efforts and the cooperation of the school system the state legislation will be considering a state law that would permit school buses to be used in transporting community college students . This is the first step in beginning to utilize school buses in some sort of organized transportation system . They have a modest amount of money left to help to get this program started . They have also discussed park and ride plans in the county . The county would help to subsidize this by providing 50 per cent of the added insurance costs for any municipality that would establish one . aIf The county has also subsidized Gadabout which is a demand type of service to senior citizens and handicapped . Last year the amount for that program was $ 22 , 000 . 00 By including this program in the Tomtram program , this could be used as a substitute in lieu of trying to equip all the other buses with facilities for the handicapped . During the first year the program will be managed by the County Planning Dept . The county is investing about $ 41 , 280 . 00 in the transportation service . In 1982 in addition to the $ 41 , 000 there might be a need for a maximum of $ 74 , 000 with the following conditions ; with certain state funds they can reduce that by $ 20 , 000 . 00 down to $ 54 , 000 . 00 ; instead of putting on new staff in the planning department they will use their existing staff; and since they are subsidized 'through this program making another $19 , 000 . 00 reduced down to about $ 34 , 000 . 00 , for the entire year for all of the programs from local share and county money . This should be added to the $ 41 , 000 . 00 that the county is already putting in the transit service . It could be as low as $ 75 , 000 and as high as $ 100 , 000 . In 1983 the operating for all of these programs throughout the county would be in the range of about $ 80 , 000 . The county , with the municipalities permission would establish an oversight committee that would work with the county on the Ithaca - Dryden corridor run . There should be a representative from the Village of Dryden and Freeville , Town of Dryden , Cornell University , TC 3 and any other organization that they feel could provide some good input . It would be the steering committee that would begin to talk about ., what the local share might be . They - have had in mind to complete the Ithaca Dryden corridor to go to Cortland , because there is a lot of activity between Cortland and Tompkins County . They have applied jointly with Cortland County for Appalachian funds to extend it to Cortland County in 1983 . This is designed for commuters and it is not going to compete with. Greyhound bus service . There is a possibility that they will ha .?e the extra funding for next year . Supv Cotterill wanted to know if there was any plan that this will be` self- sustaining or will it always be considered a taxpayers responsibility ? Mr Liguori said that public transit in general does not operate completely on subsidy * They are estimating at the beginning a respectable fare.,between Ithaca and Dryden would be about $ 1 . 00 . If it would be $ 2 . 00 for that trip it would be close to self- sustaining . It will be up to the steering committee to decide what the actual fare will be . At $ 2 . 00 you will turn some people away and ' at $1 . 00 there will be some subsidies required . Atty Perkins wanted to know who this service is directed toward ? Mr Liguori handed out maps showing the routes and areas to be covered with a potential for sufficient ridership to make this program work . Dwight Mengel said that they are trying to capture as many travelers as there are , that is feasible in this area . What they have developed for the peak hours is to have 2 buses operating from 6AM to LOAM and from 3PM to 6PM . During the mid- day there will be 1 bus operating going to and from TC 3 to the Ithaca urban area , providing enough coverage so that people who want to go to Cornell can go later in the day and people who live along the routes can go the City of Ithaca or Lansing for shopping . What they are able to do with the 2 buses during the peak hours is to taylor service to shift times . Since the shift times are staggered it gives them enough time to provide coverage from the Dryden area to bring people to these plants . They are able to cover the margin of safety in terms of time for their normal work day . About 35 per cent of the housing units in the Town of Dryden are within 1 / 4 mile from the bus route and it is assumed that people will walk 1 / 4 mile to get on a bus . They estimate about 65 per cent of the ridership will be during the peak hours . In terms of actual ridership they came up with several estimates using different model methods and reduced the estimates by about 40 per cent to have a conservative figure . If the 90 , 000 riders that they expect to use this system that could eliminate the local share , but could not say that for sure for the first year . New York State is in the process of increasing the transit operating assistance to all transit . systems throughout the state . Presently , they will pay transit systems 3 . 2 per rider and 12 cents per mile . This is expected to increase by the end of this year to 10 per rider and 30 cents per miles Atty Perkins said that his question is who do you really expect to use this ? People who are now driving back and forth or people who can ' t go now? He doesn ' t understand why the county should be in the busing . Mr Mengel said one of the reasons for this program was back in 1979 when the first gas crisis started . One concept was that there needed to be some type of transportation service that was valuable at all levels . The county needs to protect and safeguard access to the work force for large employers in the county . About 6000 people come into the county every day for work and this was a prime concern . Now the county is looking toward attracting people away from driving a car if they are on a fixed schedule . A• y Perkins wanted to know why the county has to subsidize this ? It seems to him that if this is a legitimate county function , that it should pay for itself because you are providing a service which there is already an alternative for . People can drive their own cars or they can get in a car pool , or else have a private enterprise do this if it is profitable . He feels that none of these are really going to work , but we are going to try and do it as a county function . Mr Mengel said that there are parts that are fairly conceivable will break even if you take small sections at a time . If you take peak hour transit that should break even in J ( J its costs . In order to provide for extended service for people there is a large population of people who do not have cars . Atty Perkins said in other words you are going to subsidize the point which is no longer profitable , instead of quitting at the peak hours when it will pay for itself . Mr Mengel said that was correct . Mr Liguori said that decision will be made by the steering committee . We are getting into a philosophical agrument as to whether or not the government should get into subsidized bus systems or transit systems . Atty Perkins, . felt . that i5 the heart of this . Mr Liguori said that it was riot , this issue is new to you , but it has been around for many years and is an established custom . . Atty Perkins said in the city yes , but people live in rural areas for a reason other than there is no bus service available . Mr Liguori said that it is a legitimate function of government if they want to do it . • The policy will be with you people , do you want to do it or not . Supv Cotterill said that we have to look at several things , what happens if the Village of Dryden or Town of Dryden say that there will be zero dollars from us , he assumes that the county will take it from us anyway , . because it has to come from somewhere . Mr Liguori said no , because when he went to the county board he made it very clear to them that in accenting this program they ware assuming a risk for the entire local share . He was told that if he could convince the Village of Dryden , . Town of Dryden , Cornell University and TC 3 to put up a share it would reduce you share . Supv Cotterill said that everything he has mentioned is taxpayers money . Mr Liguori said that this program competed with about 50 or 60 programs in the southern tier of the State of New York and was that good and sound enough in its thinking that Appalachain was willing to invest around a quarter of a million dollars , since it was a new approach for rural areas . Supv Cotterill said that 2 years ago when gas went out of site people did something about it , they started to car, pool and bought smaller cars and felt there was no way he could be transported for less than he is now paying in a small car with 4 people . The reason he did that is because he has to be to work at a certain time and he is not going to be fired for getting to work late . He felt that he has no right to ask someone who works 15 hours a day in a business to pay for his ride to Ithaca . It is his job to get there and he will make a choice as to whether or not the bus is cheaper or his own way his cheaper , and the average citizen would do the same . The taxpayer spoke real loud several years ago and said that they were tired of government programs and want to get rid of them . Atty Perkins wanted to know if there had been any study done on ridership , it it would drop if the fare went up to pay for itself ? Mr Liguori said that from past experience and right now there were those that said if the City of Ithaca increased their fares 10 cents they would lose their ridership and this did not happen . It also depends on what the rider is using the bus for . Supv Cotterill wanted to know if there has been any plans for the county to raise the fares on the East Ithaca transit because when it was started a year ago we were led to believe that it was going to be a 1 year program that was going to be gradually put on the rider and become a self- sustaining program . Has there been an increase there , and if so how fast ? . Mr Liguori said that it hasn ' t been negotiated yet , but there are people on the county board that are taking the same philosophy you have taken , so that point of view is being articulated , never the less those same people are being guite receptive to this idea that we are talking about here . Mr Mengel said that at this time the ridership has been about 1 . 8 time as to what they • thought it was going to be . Atty Perkins was concerned about - the. $ 70 , 000 for each of the buses and they are supposed to last 7 to 10 years . There doesn ' t seem to be any expressed commitment as to when this will have to go its own and survive or . whether we are starting on a long road of county subsidies . If that is what it is going to be like the metropolotian centro systems or New York City or the legitimate functions as you say the county being involved in transit that it should be made known know , because he would hate to see this system get established and people make decisions as to where they are going to live and where they are going to school and have the county locked into a subsidized program . Mr Liguori said as he had pointed out in the report that this will be managed for the first year by the county planning department a non - operating organization . They are not perpetrating themselves as managers . It is his job to put the program together , get it started and see if there is an organization that will take it over . If it doesn ' t work and there is no organization that will take it over that will be the end of it . He is not out to perpetrate a bus system operated by county planning money . The county board felt that this is an opportunity that they should try out . Atty Perkins understood that , but wanted to know where do you draw the line ? Mr Liguori said t1,ey know whit it will cost under worse conditions . They think that in 1983 and 1984 the total cost for a transit ' system by the county , if no one else contributes will be about $ 75 , 000 or $ 80 , 000 , this includes the $ 40 , 000 that they are now spending . Mr Mengel said that much of that $ 74 , 000 is to buy the capitol equipment , it is not in operating expenses . The first year will be the highest cost . Atty Perkins thought that Mr Liguori said that in 1981 the total cost would be $ 41 , 000 by the county and in 1982 the maximum would be , if no one else contributed would be an additional $ 74 , 000 so that would be a . total of $115 , 000 . . Mr Liguori said that he reduced that by about $ 40 , 000 if his assumptions are true . Atty Perkins felt that in order to determine what the maximum potential county share is you can ' t make those assumptions . Mr Liguori thought that they ware pretty. valid , and when he prepared his budget he told the county to be prepared to put up $ 74 , 000 , but there was a good chance. that • he could reduce this by about $ 40 , 000 . In the year 1983 with no one else participating with average ridership at their last estimate it will cost about $ 80 , 000 . $ 40 , 000 of what they are spending now and in 1983 they will have to decide whether or not they want to keep it up . . Supv Cotterill wanted to know if that was still expecting other local municipalities contributing? Mr Liguori said that this does not include any participation by anybody else except the county except for the northeast and other programs where there are already agreements . Supv Cotterill wanted to know what happens 7 years from now and the buses are gone ? Is it going to cost you each year $ 60 , 000 of $ 80 , 000 to replace them? Mr Mengel said that as part of the grant agreement is to establish a capitol reserve bond to pay for the local share of those vehicles . The vehicles are costing between 10 and 20 per cent as the local share and the rest if state and federal money . Mr Liguori said that private enterprises can do transit without subsidies because they only have service during the peak times . A municipality could do the same thing but it would no longer be a service . The first year they are not going to hire anybody , they are going to contract for service and will be with Swarthout or . Cornell or someone of that nature . If they buy the buses they will lease them out and contract for service Atty Perkins wanted to know why buy the buses ? . Mr Liguori said they can buy the buses subsidized under this program . Atty Perkins felt that the county is making the capitol outlay and have committed themselves to that . You will have buses that are 2 years old so what would be done with them if this does not work out ? Mr Mengel said that if by 1983 for some unknown reason this route does not work out those buses will be used in the existing transit systems which need buses . Dianne McFall wanted to know if she boarded the bus in Dryden how long would it take her to get to NCR ? Mr Mengel said about 30 to 40 minutes because that bus would go right to South Hill . Clm Jordan wanted to know if there would be any stops along the way ? Mr Mengel said yes , at selected points . Clm Jordan wanted to know if they have any idea as to what time they are going to run these buses ? Mr Mengel said that they have developed a schedule , but it is not finalized yet . NYSE&G , Morse Chain and NCR have flexible hours they could serve better , but at this time they do not have a definite schedule . Clm Jordan felt that it will take them longer than the 30 to 40 minutes to go to South Hill if they are going -to make several stops along the way . Supv Cotterill said that the places of employment are going to be more flexible than they are now because if someone is 1 minute late they are docked and not allowed any excuse . Mr Liguori said that there is an opportunity in this Tomtram concept for private sectors - because there are a lot of areas that don ' t have the opportunity that we have in the Dryden corridor and felt that many of these small hamlets could support a single jitney service where it would be operated compeltely by a private enterprise . What they would hope to do is help subsidize the first 3 or 4 months while it would be getting started . . Supv Cotterill said that he has seen many things that the county board go into with the idea that they are going to be self- supporting or they weren ' t going to . be run if they had to be paid by local taxpayers . At the present time we have acquired 120 social programs in the county where the taxpayers are burdened to death . He felt that someone should come to a conclusion that if we have to put money in this program than we will have to stop some of the other programs because he didn ' t thing . that we can continue — to add programs . Maybe this is more important , and if it is there should be about 10 other programs that we can live without rather than to ask the taxpayer for another - $ 40 , 000 . He hopes that somebody on the county level looks at that . They should look itA 27 at the priority list , hopefully to have a smaller tax rate with a better program . Mr Liguori thought within the next month or so the county would be asking the board to sit in on the steering committee to help formulate the policy for this program . ATTORNEY Reported on the dedication of George Rd . He had received a letter from Frank Speno , Executive Director of GJR , dated 9 - 22 - 81 apologizing for not getting back on the appropriate deed for the new George Rd . They did have a board meeting in Sept and a resolution was passed . Apparently there is some kind of approval from the board of directors with respect to signing the deed and getting this matter concluded but we still haven ' t heard from them . Also reported on the joint agreement with the Town and City of Ithaca . Approval in concept of the joint ownership between the Town of Ithaca , City of Ithaca and the Tbwn of Dryden wastewater treatment plant . In otherwords , you would be creating the • tame situation we now have with Bolton Point where we would own an interest in the facility . The comparison being that we would contract with the city , town or who would actually own it . In effect we would be expressing our approval of the joint form of ownership as opposed to a contractual arrangement . RESOLTUION # 121 APPROVING CONCEPT. OF JOINT OWNERSHIP OF WASTEWATER TREATMENT AND DISPOSAL FACILITIES Clm Webb offered the following resolution and asked for its adoption : BE IT RESOLVED , by the Town Board of the Town of Dryden as follows : WHEREAS , the Town has hereto and is negotiating with the City of Ithaca and Town of Ithaca for the construction of a wastewater treatment and disposal facility to serve the Town of Dryden , the Town of Ithaca and the City of Ithaca , and WHEREAS , some agreement has to be reached between the respective municipalities concerning ownership and operation of said wastewater treatment and disposal facility and WHEREAS , the joint form of ownership between the entities involved and as more particularly set forth in a draft joint sewer agreement as revised at the October 21 , 1980 meeting of the respective municipalities representatives , in acceptable to the Town of Dryden , and WHEREAS , the Town of Dryden desires to express its general form of approval of the concept of joint ownership as set forth in the said draft joint sewer agreement , NOW THEREFORE , it is resolved that the Town Board of the Town of Dryden hereby approves in principle the concept of joint ownership of the wastewater treatment and disposal facility as more particularly defined in the wastewater facilities plan and as generally set forth in the draft agreement as set forth . herein . 2nd Clm Jordan Roll call vote - all voting YES Atty Perkins reported that he had received a phone call from Empire Livestock ' s attorney advising him that the abstract of title is ready so that we can go ahead . Also reported on a proposed Oriole Drive sewer district . The town has been informed by the engineer for Rocco Lucente that the Cayuga Heights Village Board wanted the same kind of contract that we have with the existing sewer district . Atty Perkins said that since he was not exactly sure what they had in mind he sent them a copy of the agreement and the amendment to the agreement to see if this was what they really wanted , if so the town would approve it on behalf of the district . In response to that , he received a letter from Mr Marcham , the Village of Cayuga Heights Mayor and they chose a strict interpretation of the contract language which says in the existing contract " it is understood and agreed that neither the town nor the sewer . district shall make application to the Village of Cayuga Heights for service beyond the prescribed territorial limits within the district , either by reason of extension of said district or by creation of a new district , or to interpret this paragraph to mean that it is not possible for them to proceed further in this matter . " Atty Perkins said that this is an undully restricted interpretation of that . Certainly the board is free to contract outside of its own limits and they cannot be bound by that contract . A copy of that letter was sent to Mr Fabroni and Mr Lucente . Atty Perkins suggested that Mr Fabroni come to the board meeting to find out how they would like the board to proceed . Supv Cotterill said that Mr Fabroni had called him and he would like to have this board request of the Village of. Cayuga Heights some way of extending or forming a new district . Mr Fabroni had indicated that he would like this board to say that we are willing to do something if we could get the village to consider it . Atty Perkins felt that it was up to the developer to come up with at least the perimeter of the kind of agreement and do the negotiating with the village . This board will be the legal body that binds the district , but the district is owned by Mr Lucente and felt that this board does not need to go any further without some direct input from him and some contract with the Village of Cayuga Heights . This is the developers function and was wondering how he got sub- division approval for this without some kind of plan . Supv Cotterill said that the last 7 haven ' t been approved because it is . still pending . He has everything approved other than the sewer , what he has there now is within the sewer district . The 7 that he is asking to add • that are not built yet are not in the existing sewer district . Supv Cotterill said that he Will tell Mr Fabroni that we are willing to do something anytime he and the Village , of Cayuga Heights can reach an agreement . Atty Perkins. reported on LVRR property . They are in the final stages of putting together amass closing of the railroad property . There are. about 84 different parcels and deeds which need . to be prepared . He has prepared the deed to the town for the parcel which . is south of the Village. of . Dryden to the center line of . West Lake Road . There is another parcel the town ' will acquire which is adjacent to Hall Woods Rd . There are about 10 parcels which they do not have purchasers for and he . is trying to market them with other adjacent property owners . Atty Perkins said that we ' need the supervisor to be authorized to sign an assignment of option • agreement . The town can assign the option agreement to an individual with the conditions ; - 1 that individual convey to them that parcel which is south - and • • - 2 that they convey to them that parcel which is next to Hall Woods Rd . and : - 3 • that the town be treated the same as any other purchaser with affect to other expenses , because you are exempt some of • them since you are a municipality and that the assignment of option is contingent upon all of this . It should be pointed out . that it. is also conditioned upon the obtaining of a permanent easement to the town . Atty Perkins read the language for the record " The right to construct , alter , install , replace , repair and maintain sewer and water lines and necessary laterals thereto across the property more particularly described- etc , which would . be all . the property in the Town of Dryden , together with the tree right of ingress and egress over and across such property irsofar . as such right of ingress and egress is necessary for the proper use of ' any other right granted herein and together with the right to install such other lines ; pipes or mechanical , electrical or electronical transmission„ vehicles as May be necessary proper and appropriate for town purposes . This grant is exclusive to the party of the second part of the town in success and assigned is not to be construed as a grant to any other person , municipality or entity of the rights and of privileges contained herein . " This is also a condition of the assignment that if you get the property it is subject to all of those . When the other - people get it they get it subject to that permanent easement . The town is credited - with the down payment since it has already paid its portion of the Purchase price . . RESOLUTION # 122 ASSIGNMENT•""OF. OPTION . AGREEMENT Clm Jordan offered the following resolution and asked for its adoption : RESOLVED , that the undersigned , The TOWN OF - DRYDEN , a municipal -corporation ; situate in Tompkins County and the State of Neva York , and having its office at 65 East Main Street , Dryden , New York 13053 , hereby assigns - all of its right , title and interest in and to a certain OPTION AGREEMENT dated April 24 , 1980. between Robert C . Haldeman , Trustee of the property of Lehigh Valley Railroad Company ; therein • called the optionor , and the Town of Dryden , therein called the optionee , which option ' agreement was • recorded on April 29 ,- . 1980 in Liber 576 of Deeds . at page 931 in the Tompkins County - Clerk ' s Office to Mahlon R Perkins , 20 West Main Street , Dryden , . New York 13053 . The .condition of . this assignment is that the . said Mahlon R Perkins will purchase and receive from the said Lehigh Valley Railroad .Company , all of . the property . covered by said Option Agreement and .will convey such of that property as purchased which lies south of the Village of Dryden to the centerline of West Lake Road , and such of the property that is . northwest of the centerline of the former tracks of said Lehigh Valley Railroad and adjacent to Hall Woods Road , . as the same was conveyed to the Town of Dryden . , . This assignment_ . is further subject to the condition that . the assignee grant . unto the Town of. Dryden , a permanent easement in a form satisfactory to the Town , so that the Town may install water , sewer or other public utility lines within the confines of the property so purchased . in all of the Town of Dryden . In the event that the assignee fails to fulfill the conditions . of . theassignment , then this assignment shall be null and void and of no further force. and effect . . The Town of_ .Dryden . agrees to purchase . the property from the assignee herein , . on the same terms and conditions ,. and to pay the same expenses . as all other purchasers of abandoned Lehigh Valley Railroad property in the Town of Dryden . . . IN WITNESS WHEREOF , the Town of Dryden has caused - this assignment to be signed by its supervisor and attested by the Town Clerk and the seal of said Town affixed , on the day and date below written . •: . : • Clirnton - E Cotterill , Supervisor Attest : Susanne . . Lloyd , Town Clerk . Dated : Dryden , New York . _ . . October 13 , 1981 . . . 2nd C1m Webb Roll call vote - . all . voting YES . . • } RESOLUTION # 123 LOCAL LAW # 3 - 1981 ELECTRICAL CODE Clm Webb offered _ the following resolution and asked for its adoption : RESOLVED : Section. 1 - - TITLE . This local law shall be known as The Electrical Code of the Town of Dryden . . Section 2 - - STATEMENT OF . PURPOSE . Since there is danger to life and e property inherent in the use of electrical energy , this local law is enacted ' . to regulate the installation , alteration of wiring for electric light , heat or power and signal systems operating on fifty (50 ) volts or more , in or on all real property within the. Town of Dryden , exclusive of the Villages of Dryden and Frecville . Section 3 - - NATIONAL CODE ADOPTED . All electrical installations heretofore mentioned shall be made in conformity with the requirements of the National Electrical . Code except where the provisions of this local law or any other local ordinance or building Code of the Town of Dryden shall differently prescribe , in which event compliance : with the provisions of such local law , Ordinance or Building Code shall be recognized as proper compliance with this local law . The requirements of the • l•� National . ElectricaCode shall be those known as National Fire Association Pamphlet p70 , as approved and adopted by the American Standards Association . Section 4 - - ELECTRICAL INSPECTOR . The Town Board of the Town of Dryden sha ] lappointby ��olution " one or more qualified Electrical Inspectors, who, upon their appointment are lt! rehy auth - oCtLedarce deputized as agents of the Town of Dryden to make inspections and reinspections of all electrical installations heretofore and hereafter described , and to approve or disapprove the same . In no event , however , will the cost or expense of such inspections and reinspections be a charge against the Town of Dryden . Section 5 -- DUTIES OF THE ELECTRICAL INSPECTORS . (a ) It shall be the duty of the Inspector to report in writing to the Buildiag Inspector or zoning Enforcement Officer , whose duty it shall be to . enforce all the provisions of this local law , all violations of or deviations from or omissions of the electrical provisions of the National Electrical Code , and of all local . laws , local Ordinances , and Building Codes as referred to in this local law insofar as any of the . same apply to electrical wiring . The Inspector shall make inspections and reinspections of electrical installations in and on properties in the Town of Dryden upon . the written request of an authorized official of the Town of Dryden or as herein provided . The inspector is authorized to make inspections and reinspections of electrical wiring installations , devices , appliances , and equipment , - in and on properties within the Town of Dryden There he deems it necessary for the protection of life and property . In the event )f an emergency it is the duty of the Inspector to make electrical inspections upon the oral request of an official or officer of the Town of Dryden . - - (b) It shall be the duty of the Inspector to furnish written reports to the proper officials of the Town of Dryden and owners and/or lessees of property whore defective electrical installations and equipment are found upon inspection . lie shall authorise the issuing of a certificate of compliance when electrical install - ations and equipment are in conformity with this local law . He shall direct that a copy of the certificate of compliance be sent to the Town of Dryden to the . tttontion of the Building Inspector or Zoning Enforcement Officer . Section 6 -- VIOLATIONS OF THE LOCAL LAW. It shall be a violation of this . local law for any person , firm or corporation to install or cause to be installed , • or to alter electrical wiring for light , heat or power in or on properties in Chu Town of Dryden until an application for inspection has been filed with the rust hor i zt . ( . , nil appointdd Inspector of the 'Ibwn. of Dryden . It shall be a violation of this local law for u person , firm or corporation to connect or cause to be connected electrical wiring , in or on properties for light , heat or power , to any source of electrical energy supply , prior to the issuance of a temporary certificate , or a certificate of • compliance , ' by the Inspector . • Section 7 -- PENALTY FOR VIOLATIONS . Any person , firm or corporation who shall violate any of the provisions of this local law or any rule or regulation made pursuant thereto shall be guilty of a violation , and upon conviction thereof may be punished by a fine of not more than one hundred ( $ 100 . 00) dollars , and each day on which such violation continues shall constitute a separate offense . Section 8 -- LOCAL LAW NOT APPLICABLE IN CERTAIN CASES . The provisions of this vocal Law• . shall not apply to the electrical installations in mines , ships , railway cars , automotive equipment , or the installations or equipment employed by a railway , electrical or ' communication utility in ' the exersize of its function as a utility , and located out doors or in buildings used exclusively for that purpose . This Local Law shall not apply to any work involved in the manufacture , assembly , test or repair of electrical machinery , apparatus , materials and equipment by a person , firm or corporation engaged in electrical manufacturing as their principal business . It shall not apply to any building which is owned or leased in it entirety by the Government of the United States or the State of New York . It shall not apply to any construction unless a building permit is required by the Town of Dryden , . • 186 Section 9 - - NO WAIVER OR ASSUMPTION OF LIABILITY . This local law shall not- be construed to relieve from or lessen the responsibility of any parson o�oninq , operating , controlling or installing any electrical wiring , devices , appliances , or equipment for loss of life or damage to person or property caused by any defects therein , . nor shall the Town of Dryden or the Inspector be deemed to' have assumed any such liability by reason of any inspection made pursuant to this local law . . Section 10 - - SEPARABILITY CLAUSE . If any part or provision of this local haw or the application . thereof to any person or circumstance be adjudged invalid by a.vy court of competent jurisdiction , such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in &hick) such judgment shall hive been rendered and shall not affect or impair the Yallidicuj of the remainder of this local law or the application thereof to other persons or circumstances and the Town Board of the Town of Dryden hereby declares that it tuoctjj have p ssed this local law or the remainder thereof had such invalid application or- invalid provision been apparent . • Section 11 -- REPEALING PROVISIONS . All local law and parts of local Laws or local Ordinances inconsistent with this local law are hereby repealed . Section 12 as EFFECTIVE DATE . This local law shall take effect immediacely upon its approval and filing in the manner so provided by law . 2nd Clm Jordan 12011 ca11 vote all voting YES • • RESOLUTION # 124 REPEAL OF ORDINANCE FOR REMOVAL OR • REPAIR OF UNSAFE OR COLLAPSED BUILDINGS AND/OR STRUCTURES • Clm Jordan offered the following resolution and asked for its adoption : RESOLVED , that this Town Board repeal the ordinance for removal or repair of unsafe or collapsed buildings and/or structures : • The Town Board of the Town of Dryden ordains and enacts as follows : • - Section 1 . The Town of Dryden ordinance for removal or repair of unsafe or collapsed buildings and/or structures adopted by the Dryden Town Board on June 29 , 1976 and published July 7 , 1976 , effective July , • 1976 is hereby repealed . • Section 2 : This ordinance shall take effect immediately upon adoption and publishing pursuant to Section 130 of the Town Law . . • 2nd Clm Webb • � Roll call vote - all voting YES RESOLUTION # 125 GRANT SPECIAL PERMIT - Gary Mullen • • • Body Shop at 290 Cortland Rd . Clm Jordan offered the following resolution and asked for its adoption : RESOLVED , that this. Board grant a special permit to Gary Mullen to have a body shop at 290 Cortland Rd with the following conditions : 1 - this special permit is limited to Mr Mullens use ' only and may not be transfered by sale or lease to any other party ; 2- six day working week , Mon thru Sat . no working hours on Sunday ; 3- there shall be no outside 'storage of any vehicles except those waiting for parts ; 4 - there shall be no more than three cars outside marked for sale or held for sale at any one time ; and 5- ' the Town Board may at such time if Mr Mullen fails to comply with these provisions cancel the special permit . 2nd Clm Webb Carried Atty Perkins peported that Ned Wait the new general manager for American Television apologized for not getting back sooner with the figure for Bone Plain Rd area ; which they have a petition for . They have done the engineering work , but they have not done the mathematical work or the work up for the area . They will be doing that and getting the information to us as soon as possible . • He . also expressed interest in moving along with the negotiation with the model franchise . Atty Perkins ;said that Clm Jordan , IID Clm Tarr and himself will meet with their representative sometime the week of Oct 26th or Nov 2nd so that they can work out a policy on line extension . Sups Cotterill also wanted Atty'_ Perkins to see what the status was on North Rd . line extension . . • Supv Cotterill felt that this board , Planning Board and ZBOA should have some type of policy to follow with regard to building permits on town roads for the zoning officer to follow . • Atty Perkins felt that in any situation where you• have a sub- division on property that contemplates a new road , houses on a new road , which do not otherwise have sufficient road frontage , that . the road be dedicated and accepted to town specifications prior to the issuance of any building permit in that sub- division . That no variance be granted or any special permit or any conditional approval be granted such that enables the developer or builder to get a building permit before the road is built . The water , sewer , electrical and road in before ;he gets his building permit . He is not talking about the person Who is going to build a quarter mile long driveway and build in the field where he doesn ' t have legal road frontage * He is talking about a situation where you • / 3 % have 2 or more houses or falls within the meaning of a sub- division where your developer is coming in and saying , he will give you a bond and a certified check or whatever and will put the road in later , start giving me building permits on this plat for the plots that I have laid out . There was some discussion and Supv Cotterill said that the Planning Board has the control , but maybe this board could suggest some changes in the sub-division ordinance , since it is not in the zoning . TOWN CLERK RESOLUTION # 126 APPOINT SUB- ELECTION INSPECTORS Clm Jordan offered the following resolution and asked for its adoption : RESOLVED , that this Town Board appoint Vida Howland , Joyce Reyna and Mable Petty as Democrat election inspectors . 2nd Clm Webb Carried 411 ZONING OFFICER 6 building permits for the month of Sept . 2 one- family dwellings ; 1addition. ; 1 garage ; and 2 barns . ZBOA had 1 hearing for a variance for 115 acre parcel which only had 60 foot road frontage and this was granted . CORRESPONDENCE Letter of resignation from Bente Everhart Ambulance report Dog report Hwy Supt report Letter from Cayuga Heights regarding proposed Oriole Dr district RESOLUTION # 127 TRANSFER FUNDS FROM UNALLOCATED FUND BALANCE TO RESEARCH 8030 . 4 Clm Jordan offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize the supervisor to transfer $1800 . 00 from unallocated fund balance to Research 8030 . 4 2nd Clm Webb Roll call vote - all voting YES RESOLTUION #128 TRANSFER FUNDS FROM 1330 . 4 to 1410 . 4 TOWN CLERK Clm Jordan offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize the supervisor to transfer $ 150 . 00 from 1330 . 4 to 1410 . 4 Town Clerk 2nd Clm Webb Roll call vote - all voting YES RESOLUTION # 129 APPROVE THE PROJECT APPLICATION AND BUDGET OF THE TOWN OF DRYDEN RECREATION PROGRAM FOR 1982 Clm Jordan offered the following resolution and asked for its adoption : RESOLVED , that this Town Board approve the project application and budget of the Town of Dryden Recreation program for 1982 . 2nd Clm Webb Roll call vote - all voting YES RESOLUTION # 130 ADOPT PRELIMINARY BUDGET Clm Jordan offered the following resolution and asked for its adoption ; RESOLVED , that the Preliminary Budget be adopted by this Town Board and placed in the Clerk ' s Office for viewing by the public . 2nd Clm Webb Carried RESOLUTION # 131 AUDIT HIGHWAY BILLS 41) Clm Webb offered the following resolution and asked for its adoption ; RESOLVED , that the highway bills be paid as audited . 2nd Clm Jordan Roll call vote - all voting YES RESOLUTION # 133 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 JUSTICE REPORTS Judge Sweetland - $ 2504 . 00 Judge Newhart• - $1066 . 00 i 3 FINANCIAL REPORT REVENUES EXPENSES General Fund A $ 21092 . 44 . $12231 . 47 General Fund B 15002 . 93 - 743 . 79 Fire Protection District 567 . 21 - 0 - Federal Revenue Sharing 18 . 59 - 0 - Highway 4922 . 95 78011 . 67 NEW BUSINESS Schedule public hearing for budget on October 27th 1981 at 7 : 30 PM Adjourned : 10 : 30 PM ALL Susanne Lloyd Town Clerk • PUBLIC HEARING # 1 OCTOBER 27 , 1981 PRELIMINARY BUDGET Minutes of the public hearing for the Preliminary budget commencing at 7 : 30PM Present : Supv Cotterill , C1m Webb and Clm Metzger Supv Cotterill read the notice that was published in the newspaper concerning the assessment rolls for water and sewer districts in the Town of Dryden . Rates as follows : Sapsuckerwoods Sewer Dist #1 - Total of $ 3400 . 00 to be for 45 units = $ 75 . 56 per unit Varna Sewer Dist # 2 - Total of $ 20p00 . 00 to be for 298 units = $ 67 . 11 per unit Varna Water Dist # 1 - Total of $ 250750 . 00 to be 1 . 33 per thousand assessment = 30 % . 08 front footage = 10 % 52 . 58 units = 60 % Supv Cotterill read the notice that was published in the newspaper concerning the Ringwood Court Improvement ; - 3096 front footage 640 per front foot to be raised $ 1970 . 00 Supv Cotterill read the notice that was published in the newspaper concerning the Federal Revenue Sharing with a request from allocating $ 42 , 900 . 00 for repairs and improvements , $ 30 , 000 . 00 for machinery to highway fund and $100 . 00 for administration for a total of $ 73 , 000 . 00 Supv Cotterill read the notice that was published in the newspaper concerning the Fire Contracts . The fire contract amounts are as follows : Neptune Hose Company #1 Inc . $ 44 , 000 . 00 Varna Fire Department 35 , 000 . 00 W B Strong Fire Company . 25 , 000 . 00 Etna Volunteer Fire Company Inc 22 , 000 . 00 Brooktondale Fire District 4 , 000 . 00 for a total of $130 , 000 . 00 QUESTIONS AND/OR COMMENTS Brad Perkins spoke on behalf of the members of the Dryden Fire Dept . Brad gave the Town Board members their financial sheet as of Aug 31st 1980 . They were requesting $ 50 , 300 . 00 and they were aware that in the preliminary budget the figure was $ 44 , 000 . 00 . The reason for requesting the $ 50 , 300 is that they took their expense � figures from last year and only added in what they thought inflation would effect . They did not add in large amounts of money . They added up their expenses and added what they would received from bingo and $ 35 , 000 from what they would draw from their reserve to finance the repairs of their trucks . His object was not to come away with the asking figure of $ 50 , 300 . 00 , but felt that they should have a little increase over the $ 44 , 000 . 00 . He doesn ' t look at it as a 10 percent increase from last year but a 124 percent decrease than what they had requested . They looked at their budget and expenses to see if they could live with what the town had put in the budget to get by on . They have a $ 3321 . 44 deficit to start with and he anticipated next year they will have a figure of $ 3321 . 00 plus about 6 or 8 thousand more . They will have another truck next year that will have to be refurbished . He felt that it would be generous of the town if they could get a little closer to the figure of $ 50 , 000 and would be happy to settle for $ 47 , 500 . 00 or $ 48 , 000 . 00 . He would not think of the board as being unkind if they had to stay with the $ 44 , 000 . 00 , but looking at it realistically and trying to balance the budget they wouldn ' t want to • j I / 33 pull an additional $ 10 , 000 . 00 out of their reserve to meet their expenses . He could see the fire department being able to cut their service down and doesn ' t see the township wanting them to lower their service , and doesn ' t see the members of the fire department wanting to slack off on their interest . Supv Cotterill read the notice that was published in the newspaper concerning the ambulance contract for an annual sum of $ 25 , 000 . 00 Supv Cotterill read the notice that was published in the newspaper concerning the 1982 Town Budget . Proposed salaries as follows for the town officers : Supervisor $ 3500 . 00 Councilman ( 4 ) $1500 . 00 each Town Clerk $ 6525 . 00 • Highway Superintendent $17700 . 00 Justices ( 2 ) $ 5000 . 00 each Supv Cotterill said that he had received a letter from the Dryden VFW to increase their amount in the budget from $ 300 . 00 to $ 400 . 00 . They use the money for Memorial Day , and flags for the deceased veterans . Also reported that he had received a letter from Gadabout stating that in 1981 they served 296 riders during the year in the Dryden area . They served up to 30 village residents and up to 26 regular riders . There was considerable discussion on the fire contracts and the Town Board decided to raise Neptune Hose Co # 1 Inc from $ 44 , 000 . 00 to $ 45 , 000000 ; Varna Fire Department from $ 35 , 000 . 00 to $ 35 , 500 . 00 ; W B Strong Fire Company Inc from $ 25 , 000 . 00 to $ 26 , 000 . 00 ; and Etna Volunteer Fire Company Inc from $ 22 , 000 . 00 to $ 22 , 500 . 00 and keep the ambulance contract ata $ 25 , 000 . 00/ . Closed public hearing 8 : 00 PM Decision was tabled to adopt the budget until the Nov 10th Board meeting . .Z { Susanne Lloyd Town Clerk SPECIAL MEETING October 27 , 1981 Present Supv Cotterill , Clm Webb and Clm Metzger Hwy Supt Humphrey wanted the board members to authorize him to sell a 1964 Caterpillar 966 loader . He would also like to lease a new loader . They have given him a price of $19 , 000 . 00 that they will allow him , but would like to advertise for bids to sell it to see if he can get more . Supv Cotterill said that he has done a lot of analyzing with investments and leasing and has come to the conclusion that they would be better in leasing a loader , but felt that they should buy the truck outright and continue to build a reserve fund for more equipment in the future . RESOLUTION # 134 ADVERTISE FOR BIDS FOR 1 1964 CATERPILLAR 966 LOADER Clm Metzger offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize Hwy Supt Humphrey to advertise for bids for one 1964 Caterpillar 966 loader . III 2nd Clm Webb Roll call vote - all voting YES RESOLUTION # 135 LEASE A NEW LOADER Clm Metzger offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize Hwy Supt Humphrey to lease a new loader . 2nd Clm Webb Roll call vote - all voting YES RESOLUTION # 136 ADVERTISE FOR BIDS FOR ONE NEW 1982 TRUCK Clm Metzger offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize Hwy Supt Humphrey to advertise for bids for one new 1982 truck . 2nd Clm Webb Roll call vote - all voting YES / 3 . RESOLUTION # 137 TRANSFER FUNDS FROM GENERAL B UNAPPROPRIATED FUND BALANCE TO HIGHWAY FUND I Clm Metzger offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize the Supv to transfer $19; 000•. 00 from General B Unappropriated Fund balance to Highway I . 2nd Clm Webb Roll call vote - all voting YES . RESOLUTION # 138 TRANSFER FUNDS FROM GENERAL A UNAPPROPRIATED FUND BALANCE TO HIGHWAY FUND 4 Clm Metzger offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize the Supv to transfer $ 10 , 000 . 00 from General A Unappropriated Fund balance to Highway 4 . 2nd Clm Webb Roll call vote - all voting YES . • Adjourned : 8 : 30 PM . L Susanne Lloyd Town Clerk - I