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HomeMy WebLinkAbout1981-11-10 TOWN BOARD MEETING November 10 , 1981 Minutes of the Town Board meeting held on the 10th of November Supv Cotterill called the meeting to order dt 7 : 30 PM Members and guests participated in the Pledge of Allegiance Roll call was by the Town Clerk : Present : Supv Cotterill , Clm Webb , Clm Jordan , Clm Metzger , Atty Perkins , and Z . O . Stewart Clm Tarr arrived at 7 : 45PM COUNTY BRIEFING Co Rep Watros reported that their budget for 1982 is almost complete . • Also wanted to let the town know that if they have any problems relative to the cleanup work from the flood to let him know and he would contact Bill Mobbs to see if the county can assist the town in anyway . Clm Webb wanted to know if you are required to have authority to go into a creek ? Co Rep Watros said not at this point you don ' t , and you don ' t need any to maintain around bridges . At this point when there is an emergency any municipality can to into any stream . Supv Cotterill said that he has a letter from Frank Liguori that was issued over a year ago when there were disasters ; IN the Ellis Hollow and Slaterville area , that any executive officer of any municipality may order anything done to property , lives , etc in a stream under emergency conditions . HIGHWAY SUPERINTENDENT Hwy Supt Humphrey reported that there were 41 roads that have needed minor to major repair work , which consisted of shoulders washed away to where roads were actually washed out . They are all back in shape enough to get them through when it snows , but will have to be finished up in , the spring . They have about another weeks worth of work left of their road work . They started on the upper part of Southworth Rd and have the channel back where it belongs , so that it will not effect the trailer park , and helped the village . The state will clean the creek from Rt 13 bridge to Springhouse Rd bridge with their equipment . He has moved his equipment over to Malloryville area and they are waiting for the creek to go down a little more . Also , Freese Rd will be an all winter project . Co Rep Tillapaugh reported on the crosstown highway . At this point there has been a study done by a committee , engineering consultants and planning department for the traffic flow problem and the recommendations from the committee to solve those problems . He thought that the Town Board should hold their next Town Board meeting on Dec 8th in Varna , if possible at the community center to have this presentation from the County Planning Dept for the residents in Varna and receive their input . Frank Liguori has indicated that he will be glad to attend to give the details . Supv Cotterill said that he attended the last Planning Board meeting and he asked Barbara Caldwell and the Planning Board to do whatever studies and recommendations that were needed to be done for the Town of Dryden and report back to the Town Board. as to what their findings and recommendations were . They will be meeting on Nov 19th . He felt that this board would like to have them do this preliminary work . CITIZEN PRIVILEGE OF THE FLOOR Bill Clark from Mt Pleasant Rd wanted to know if it would be possible to get a light extension in Varna . He lives on Mt Pleasant near Turkey Hill Rd . and has been paying • taxes for a couple of years on his property for a lighting district and there is no light there . This would be between Rt 366 and Turkey Hill Rd . Supv Cotterill was not sure of the boundaries of the existing lighting district . There was some discussion and Supv Cotterill said that he will check the boundaries to make sure his property was in the lighting district . Resident from Bone Plain Rd wanted to know the status with the request for a line extension for cable tv? Supv Cotterill said that we have a committee working with Ceracche TV and was not sure about the Bone Plain Rd area . We have had a lot of problems with Ceracche because everytime we set up something and get agreements they change managers so we have to start over again . We have managed to get one extension in the Town of Dryden in 5 years. The town has received many requests for line extensions and we are working on these requests now . We have a committee that is trying to get a written agreement between the town and Ceracche that so much density per mile or per 100 feet which ever would be the best for us to set up . If there is less density they must give an extension , but the residents would have to pay more than the standard rate . There was some discussion and Supv Cotterill said that he would have some definite answers within the next couple of months . 31 Mr Ted Symanski was wondering about firemens conpensation ? He said that the question has come up as to whether certain members were covered by the compensation law who are not immediate residents of the fire district . In Section 1402 of the not for profit corporation law it is up to the Town Board to determine whether or not they are willing to accept members into a department to cover them by compensation if they are not residents of the fire district . In Varna they have 7 people who are residents in the town but do not live in the fire district itself . They live in very critical areas where they don ' t have coverage , but could very easily save a life . 2 members are EMT ' S , and 1 member is in the Brooktondale Fire District but lives within 500 feet of the town line who would like to become a member of the Varna Fire Co . Dryden does contract with Brooktondale Fire Dept for certain protection . His questions are ; is it simply a matter for a ratecincrease that would bother the Town Board or is it a matter of interpretation of Section 1402 or what would interfere with the approval of members for the benefit of the entire county for mutual aid groups . Supv Cotterill said that he couldn ' t speak for the county , but said that we do have • compensation for the firemen within our fire districts . Atty Perkins was not sure of the problem , but there is a provision in the not for profit corporation law where the membership of a volunteer firemember shall terminate when he ceases to be a resident of the territory in which is contracted with the town for service . There is a further provision that if he givesnotice to the secretary of the fire company ; the fire company gives notice to the town clerk and the Town Board passes a resolution that his membership shall continue . There is also a further provision that a person who is outside of a district can be elected to membership within the district . He can ' t be a member of 2 fire districts at the same time . This 411 has to be done by the rules and by - laws of the fire corporation . As he reads the law the Town Board is deemed to approve the continuation if they don ' t act after receiving notice . Mr Symanski said that was where the problem arose , is that a question was asked for particular memiers since they resided outside the fire district as to whether or not they would be covered by compensation . The response came back negative . Atty Perkins said the question he poses to Mr Symanski was 1 - were they elected within the terms of their by- laws and continued within the terms of their by - laws . Someone from the Varna Fire Co . was going to send him a copy of their by- laws which he has not received yet . 2- The next question is when they changed their residence or when they were elected did you give proper notice to the town clerk . If you follow all the provisions of the not for profit corporation law the town does not need to do anything , the town is deemed to approve the election or continuation as the case maybe . The town has an obligation and will cover them . Mr Symanski said that has been the president since the institution of the Varna Co . only this time the question was asked directly for one specific person . Atty Perkins wanted to know if notice was given to the town clerk when this person changed residence ? Mr Symanski said notice was give to the town clerk of the membership roster each year as required by law . This person has not changed residence but is a resident outside the fire district . Atty Perkins wanted to know if he was elected according to your own by - laws and notice give to the town clerk as residing outside of the district ? My Symanski said that he was elected by their by- laws and notice was give to the town clerk . Atty Perkins could not see where there was any problem then . Supv Cotterill said that it has always been his understanding that the town has always considered that if you met the by- laws of you company and you do whatever the town law requires that we are going to cover every member that you give us a list of on your membership list , as long as you have met all of the legal specifications . Mr Symanski said he was hoping that would be the case because it is a total benefit of the area that it would not be covered otherwise . Supv Cotterill said that the by- laws state that you allow them to be legal members and you have to notify the town of any members that you put on that are not in the district and we will accept them under those terms . Atty Perkins wanted to know if he was talking about them being continued in service of the fire corporation after they have left the area . If by reason of his residence in the vicinity of his usual occupation he will be able to render active service as a volunteer fireman either inside or outside the territory andy may continue once he has been there . The same thing would apply to someone who is outside who you would elect to membership . It is not sufficient just to give the town your annual membership list . This has to be handled on a particular' case by base basis . As soon as someone changes his residence then you have an affirmative duty to act to notify the town clerk . You must act within your fire corporation and if you want to continue a fire member fine , just notify the town clerk and she will pass • it along to the board . If the board doesn ' t act they are deemed to approval , but don ' t Leave it to the annual membership roster . /17 COUNCILMAN PRIVILEGE OF THE FLOOR Cim Metzger reported on Freese Rd where the bridge had been washed out and has effected the Bolton Point water system . The commission has hired . Mr Jack Sincebaugh to get it back in operation by the end of the week . They are temporarily pumping water through the Cornell water system . What they would like to do is have Cornell allow them to put in a permanent system , which is only 140 feet across Game Farm Rd to connect the university system with Bolton Point system in case something happens again . Clm Metzger said that he has drafted a letter to Ed Hart and would like the boards approval . After some discussion the board gave permission to Clm Metzger to move ahead with the letter since he is the town ' s representative and working with Bolton Point . ATTORNEY Atty Perkins reported that Clm Jordan , Clm Tarr and himself met with a representative from Ceracche TV and discussed the line extension policy . They have a proposal which they want to present to this board as a preliminary negotiating position for the town with regard to the line extension policy . All of this in view of negotiating a new 11111 franchise with Ceracche TV at which time he is sure there will be a request for a rate increase . Attu Perkins felt that this should be a subject for an executive session since it involves on going negotiations and a potential contract on behalf of the town . There was going to be a report because they would not be able to make the board meeting with regard to North Rd on Nov 10th . He was also going to check on the Bone Plain Rd area which there has not been any report received at this time . Atty Perkins also reported on the state building code . The question was that if the Town of Dryden opted out of enforcement of the state building and fire code we can adopt one at least as Stringent or more restrictive . Assuming that the town accepts the responsibility for enforcing the state building and fire code you can do so by March 1st 1982 . You can get assistance from the Secretary of State in setting up enforcement procedures . You can opt out within the town at anytime from enforcing the 2 codes by passing a local law . If you opt out by July 1st than the county is responsible for enforcing the state building and fire codes as of the next January 1st unless the county has opted out , in which case the state will enforce it . Supv Cotterill wanted to know if we opt out can we opt in ? Atty Perkins said yes , presumming a local law , again passing it by July 1st it is effective the following Jan 1st . Presumably the law is clear but even if we opted out and the county did not opt out and assumed the responsibility or was enforcing it by contract with the state and we than opted in the county would than be automatically relieved since the primary level of enforcement is intended to be for towns , villages and cities . It is a question of who enforces it and whether or not you want to adopt your own code . Supv Cotterill wanted to know if we should have our own building code or should we enforce the - state building code and what kind of personnel should we have to enforce it ? • Atty Perkins said that the state will promulgate regulations which they have not done yet including the number of inspectors and number of inspections that you have to have . training , . etc . The statute sets forth certain guidelines for the Secretary of State . Atty Perkins wanted to know if the board wanted authority at this level or to let the county enforce it at the county level . We will have to act by February to adopt by resolution the codes which would mean that we had assumed the responsibility in accepting those codes as local codes . Atty Perkins reported that he had received the purchase from Empire Livestock and would like a resolution from the board to go ahead and consummate the transaction authorzing to pay over the money with the tax adjustments if any . RESOLUTION #139 PURCHASE PROPERTY FROM EMPIRE LIVESTOCK Clm Metzger offered the following resolution and asked for its adoption : RESOLVED , that this Town Board empower the town attorney to complete the transaction 41111 that this board has approved with Empire Livestock to purchase the land in back of the town highway building , and the supervisor will provide the funds to pay the purchase price . 2nd Cim Tarr Roll call vote - all voting YES TOWN CLERK Reported that Local Law # 3 - 1981 regarding the Electrical Code is filed with the Secretary of State . RESOLUTION # 140 APPOINT SUB- ELECTION INSPECTOR 7 -- Cim Webb offered the following resolution and asked for its adoption : RESOLVED , that this town board appoint Jean German as sub- election inspector . 2nd Cim Jordan Carried ZONING OFFICER 11 building permits for the month of October. 3 additions to houses ; 3 mobile homes ; 2 garages ; 3 storage buildings . ZBOA held one hearing for a mobile home to replace a building that had burned down . This was in an RB zone on Ringwood Rd and was granted . / 331 Atty Perkins reported that apparently Mr Clark owns 2 parcels of property one of which is about 25 acres , which is within the Varna lighting district and is an open field with no light there . His house is just - outside the lighting district on about 2 acres on the corner intersection of Turkey Hill Rd and Mt Pleasant Rd . There are 2 seperate parcels and seperate tax map numbers clearly outside the lighting district and there is no light there either . He is paying part of the Varna lighting district charges for an area that he owns where there is no street light . It is not written that you get a street light necessarily just because you are within a district . There was some discussion and Supv Cotterill said that he would straighten the matter out with Mr Clark . CORRESPONDENCE Received a letter from Mr & Mrs Gerald Trumbull and a copy was sent to the Dryden School Board with regard to the school using last years assessment roll because they didn ' t have this years assessment roll ready . Mr Trumbull felt that it was wrong for the school to use any years roll that they felt like and not have an assessment roll that the people could actually know what their tax rate was before the school budget was voted on . Mr Trumbull had talked with Sam MacNeil and was • told that there was going to be a bill in - the legislature to push the August 1st date which is the limit that the assessors now have , to have the assessment roll prepared by March 1st . The assessors should have the assessment roll ready by March 1st which would be available to the schools , which would mandate that the schools must use that nears tax roll and not some previous one . Then must also sau to the taxpayer that this is what the total assessment is and this is what the tax rate will be based on the budget . It is time the people can be guoated a rate instead of saying we can ' t give you a rate because we don ' t know what the assessment roll is going to look like . Mr Trumbull would like this board to pass a resolution requesting Sam MacNeil to push for this bill in the legislation . Mr Trumbull's feelitrigs is that the assessors have from March 1st to March 1st instead of Aug 1st to Aug 1st since they have to have a . roll every year . There was some discussion and Co Rep Watros said that this may have some effect on the taxable status dates that are not established . RESOLUTION # 141 SUPPORT BILL IN LEGISLATURE TO MOVE ASSESSMENT ROLL DATE FROM AUGUST TO MARCH Clm Webb offered the following resolution and asked for its adoption : RESOLVED ; that this Town Board support the bill in legislation to move the date from August 1st back to March 1st to finalize the assessment roll . 2nd Clm Metzger Carried Request from Alton Redd for a line extension for cable tv on Turkey Hill Rd and Stevenson Rd . Ambulance report for the month of October . . Proposed contract from the SPCA for the year 1982 RESOLUTION #142 SPCA CONTRACT Clm Metzger offered the following resolution and asked for its adoption ; RESOLVED , that this Town Board sign the contract with the SPCA for the year 1982 and the Town of Dryden keep $1 . 50 for each license sold in the town . 2nd Clm Jordan Carried Justice Reports - Judge Sweetland - $ 2271 . 00 Judge Newhart - $ 777 . 00 FINANCIAL REPORTS REVENUES EXPENSES General Fund A $2285 . 98 $16675 . 12 General Fund B 315 . 37 1276 . 96 Fire Protection District 616 . 85 - 0 - Federal Revenue Sharing 14784 ? 11 14356 . 70 Highway 4450 . 36 93166 . 41 RESOLUTION #143 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 #144 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 Tarr Roll call vote - all voting YES Supv Cotterill said that due to the flood they have spent a lot of money that they hadn ' t planned on since the budget hearing . The amount was about $15 , 900 . 00 in overtime and extra equipment that had to be rented . They have spent all of their time in disaster recovery . They were in hopes of getting all of this back in emergency funds from the state and federal government , but as of now the situation has changed . We did have some surplus in some parts of the budget to carry over into next year to keep our tax rate down but the surplus is being spent since the flood . He was considering to increase the budget in a couple of areas or we maybe without any money for next year . /.77 We are talking about 10 cents per thousand on the assessment roll to raise another $15 , 000 to $ 20 , 000 to repay some of these costs . Supv Cotterill thought that the first week after the flood from what the county and the congressman had said there was a pretty good chance we were going to get a lot more money back than that in disaster funds to help repair roads and bridges , etc . He felt that if we pass the budget without this increase we will be in very bad shape next year , because we are using that money up that we had planned on going into surplus for next years budget . At the budget hearing held on Oct 27th the tax rate was $ 2 . 511 and we will have to raise this to $ 2 . 61 to cover what we have more than spent before the end of the year . They have spent more than that but some of it has come out of the normal highway payroll . Clm Tarr felt that we should raise the rate this year instead of having to double it next year . RESOLUTION # 145 EMPOWER SUPERVISOR TO RAISE TOWN BUDGET Clm Tarr offered the following resolution and asked for its adoption , • RESOLVED , that this Town Board empower the Supervisor to raise the tax rate for the town budget from $ 2 . 511 to $ 2 . 61 for the whole town budget . 2nd Clm Metzger Roll call vote - all voting YES RESOLUTION #146 EMPOWER SUPERVISOR TO RAISE FIRE RATE Clm Tarr offered the following resolution and asked for its adoption , RESOLVED , that this ' Town Board empower the Supverisor to raise the fire tax rate from . 842 to . 862 . 2nd Clm Metzger Roll call vote - all voting YES RESOLUTION # 147 ADOPT ASSESSEMENT ROLLS Clm Jordan offered the following resolution and asked for its adoption ; WHEREAS?, this Town Board has met as the time and place specified in the notice of the public hearing in the preparation of the Assessment Rolls of parcels of land included in the Water District # 1 , Sewer District # 1 , and Sewer District # 2 to base the cost chargeable to said districts in connection with the construction of the water and sewer systems which benefits and improves said districts , and heard all persons desiring to be heard thereon , now therefore be it RESOLVED , that this Town Board does hereby adopt said assessment rolls for this town for the fiscal year beginning on the 1st day of January 1982 . 44 2nd Clm Webb Roll call vote - all voting YES RESOLUTION # 148 RINGWOOD COURT IMPROVEMENT Clm Jordan offered the following resolution and asked for its adoption ; RESOLVED , that this Town Board approve the Ringwood Court budget as presented . 2nd Clm Webb Roll call vote - all voting YES RESOLUTION # 149 ACCEPT AMBULANCE CONTRACT Clm Metzger offered the following resolution and asked for its adoption ; RESOLVED , that this Town Beard sign an ambulance contract for 1 year at the annual sum of $ 25 , 000 . 00 2nd Clm Tarr Roll call vote - all voting YES RESOLTUION #150 ADOPT FIRE CONTRACTS Clm Metzger offered the following resolution and asked for its adoption ; RESOLVED , that this Town Board approve the fire contracts with the following figures and authorize the Supervisor to execute the fire contracts in accordance with the figures that were changed : Neptune Hose Co # 1 from $ 44 , 000 . 00 to $ 45 , 000 . 00 ; 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 ; Etna Volunteer Fire Company Inc . from $ 22 , 000 . 00 to $ 22 , 500 . 00 and keep Brooktondalle Fire District at $ 4 , 000 . 00 . 2nd Clm Tarr Roll call vote - all voting YES • RESOLUTION # 151 ADOPT ANNUAL BUDGET Clm Webb offered the following resolution and asked for its adoption : WHEREAS ; that this Town Board has met at the time and place specified in the notice of the public hearing on the preliminary budget and heard all persons desiring to be heard thereon , now therefore be it RESOLVED , that this Town Board does hereby adopt such preliminary budget as the annual budget for this Town for the fiscal year beginning on the 1st day of January 1982 , and that such budget as so adopted be entered in detail in the minutes of the preceedings of the Town Board , and be it FURTHER RESOLVED , that the Town Clerk of this Town Hall shall prepare and certify in duplicate copies of said annual budget as adopted by this Town Board together with the estimate if any , adopted pursuant to Section 202a of the Town Law and deliver one copy thereof to the Supervisor of this Town to be presented by him to the Board of Represent- atives of this county . 2nd Clm Jordan Roll call vote - all voting YES - /AP RESOLUTION # 151 -A APPOINT ELECTRICAL INSPECTORS C1m Webb offered the folloraing resolution and asked for its adoption ; ' RESOLVED , that this Town Board appoint New York State Board of Fire Underwriters and New York Atlantic' Inland Inc as acceptable electrical inspectors in the Town of Dryden and the appointment is irrevocable by resolution from the Town Board at any time . 2nc Clm Jordan Roll call vote - all voting YES Adjourned : 9 : 30 PM Susanne Lloyd Town Clerks._ • O •