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HomeMy WebLinkAbout1982-07-13 Li% PUBLIC HEARING # 1 July 13 , 1982 , Ralph Osgood - Operate a Body and Mechanic Repair Garage at 852 Wood Rd . Minutes of public hearing # 1 commencing at 7 : 30PM Supv Cotterill read the notice that was published in the newspaper to consider the application of Ralph Osgood , 852 Wood Rd . for a special permit to operate a body and mechanics repair garage at 852 Wood Rd . QUESTIONS AND/OR COMMENTS Supv Cotterill wanted to know if there were any residents that were close to him? Mr Osgood - there are a couple residents about 250 - 300 feet away and he has spoken with them . They didn ' t have any objections as long as he didn ' t start a junk yard . Closed public hearing # 1 7 : 35PM PUBLIC HEARING # 2 July 13 , 1982 PROPOSED LOCAL LAW # 4- 82 FRESHWATER WETLANDS Minutes of public hearing # 2 commencing at 7 : 45PM Supv Cotterill read the notice that was published in the newspaper to consider a proposed local law entitled " Local Law of the Town of Dryden pursuant to Article 24 of the New York Environmental Conservation Law to provide for the protection , preservation and conservation of freshwater wetlands within its boundaries " QUESTIONS AND/OR COMMENTS Atty Perkins reported that the State of New York enacted a saltwater and freshwater wetlands act . In the event , if we do have any wetlands we will assume jurisdiction and control of development within those wetland areas above the existing zoning ordinance and sub- division restrictions . This is to protect fragile areas to see that development proceeds in a manner which is consistant to those fragile and unique wetland areas . It is also something that the state requires us to do if they are going to give us any money for our sewer district . We would restrict any development in the wetland areas within the sewer district . Closed public hearing # 2 7 : 50PM PUBLIC HEARING # 3 July 13 , 1982 Borrow money for Water Dist # 1 Varna Minutes of public hearing # 3 commencing at 8 : 00 PM Supv Cotterill read the notice that was published in the newspaper to consider the purpose ' of a proposed increase and improvement of the facilities of Water Dist #1 in said Town , consisting of the replacement of water mains and construction of a permanent interconnect with Cornell University in and for said Water District at a maximum eseimated cost of $ 18 , 000 . 00 QUESTIONS AND/OR COMMENTS Supv Cotterill - there is a proposal to borrow the money and to pay it back over a 3 year period . Closed public hearing # 3 8 : 05 PM TOWN BOARD MEETING JULY 13 , 1982 Minutes of the Town Board meeting held on July 13th Supv Cotterill called the meeting to order at 8 : 05PM Members and guests participated in the Pledge of Allegiance Roll call was by the Town Clerk : Present : Supv Cotterill , Clm Jordan , Clm Webb , Clm Evans , Atty Perkins and Z . O . Stewart Absent : Clm Metzger Supv Cotterill appointed Clm Evans to audit the highway fund bills Approval of the minutes : Motion was made by Clm Jordan and 2nd by Clm Evans that the minutes of the board meeting held on June 8th be approved as submitted . Motion was made by Clm Evans and 2nd by Jordan that the minutes of the special meeting held on June 28th be approved as submitted . )717 CITIZEN' PRIVILEGE OF THE FLOOR Don Lowe , Director of the SPCA gave the board members a summary sheet for their dog control fee increase justification . In the month of April this year he has conducted a time study based on the officers time in the field , 3 humane officers plus his time and related this in terms of their budget for dog control and animal control in the City of Ithaca and the towns . The breakdown is on the summary sheeet he has handed out . Supv Cotterill - the delinquent list still bothers him because when people are caught they are still given another 5 days to license their dogs . He also felt that all of the towns should have a comparable fee . Don Lowe - Newfield and the Town of Ithaca are 50 cents higher . The only ones that are not is the Town of Danby and Town of Caroline . Neither one has a contract with the SPCA and they refuse to have a local fee . He was going to all of the towns to ask for an increase . ' -- 1111 COUNTY BRIEFING Co Rep Tillapaugh reported that with the Town Boards support the County Board was able to pass a resolution to replace German Cross Rd Bridge . The Planning Dept will design a plan this year and hopefully construction will take place in 1983 . ATTORNEY Atty Perkins reported that the town has a proposed deed from George Junior Republic Assoc . INc with regard to George Road which was apparently executed in Feb and was not forwarded to us until the middle of June . The deed description are largely satisfactory with one or two items that you should be aware of . You should make a decision as to whether or not you want to accept it . Subject with the delivery of the deed and subject to the condition that the town take all appropriated proceedings required to effect an abandonment of old George Road and reassign or transfer to the party of the first part which would be GJR any and all interests in which the town would have to the old road . The town really can ' t in effect abandoned the old road because there is more than one property owner along the old road . You can do a qualified abandonment ':in which case _ people who had access along the road to their property will continue to have access . It also states that provided further in the event that the party of the 2nd part shall abandoned the road to be constructed on the premises conveyed hereunder the party of the 2nd part shall revert and return by appropriate assignment or deed to the party of the 1st part the premises conveyed to them . There was some discussion and the town board passed a resolution to authorize Atty Perkins to contact GJR with regard to a qualified road abandonment . RESOLUTION # 91 QUALIFIED ROAD ABANDONMENT - GEORGE ROAD Clm Webb offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize Atty Perkins to contact George Junior Republic Assoc . Inc . to consider a qualified road abandonment on old( George Road . 2nd Clm Jordan Roll call vote - Yes Atty Perkins also reported that there had been discussion about the Ithaca Wastewater Treatment Plant . You were to have some proceedings before this board tonight to begin the public heating process . These procedures were to be prepared and forwarded to us by the bonding attorneys in New York , but they did not arrive and he checked with them today . They apologized for not getting them to us on time , but they will get them to us in time for our August meeting . They assured Atty Perkins that because of the lengthy procedure in the Town of Ithaca that is involved we would be alright in adopting our proceedings for our small share . TOWN CLERK RESOLUTION # 92 APPOINT ELECTION CUSTODIANS • Clm Webb offered the following resolution and asked for its adoption : RESOLVED , that this Town Board appoint John Morey , Democrat and Joseph Petersen , Republican , as custodiams of the voting machines at a fee of $ 350 . 00 each . 2nd Clm Jordan Roll call vote _ all voting YES RESOLUTION # 93 PAY POLLING PLACES Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that the following polling places receive $100 . 00 each for the year 1982 for the use of their facilties : Varna , Etna (Houtz Hall ) , Etna Fire Station , Bethel Grove , Ellis Hollow Community Center , Freeville Fire Station and Dryden Fire Station . . 2nd Clm Jordan Roll call vote - all voting YES o RESOLUTION # 94 AUTHORIZE TOWN. CLERK TO ATTEND TOWN CLERK SCHOOL IN ALBANY C1m Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize Town Clerk Lloyd to attend . Town Clerk school in Albany on August 23rd and 24th and pay the expenses . 2nd CIm Jordan Roll call vote - all voting YES RESOLUTION # 95 AUTHORIZE TOWN CLERK TO PURCHASE ONE VOTING MACHINE C1m Jordan offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize the Town Clerk to purchase one voting Oilmachine with printed return mechanism and the Supv be empowered to make the necessary transaction not to exceed $ 3 ,000 . 00 2nd CIm Evans 1 Roll call vote - all voting YES CORRESPONDENCE I Supv • Cotterill reported that he had received a petition from people on Sweetland Rd for cable tvIIservice from Sammons Cable in Cortland because Ceracche TV will not provide service to them on that road . 1 Supv Cotterill Tasked Atty Perkins to send Sammons Communication a letter stating that the Town of Dryden has no objection for them to service the people on Sweetland Rd . 1 RESOLUTION # 96 SAMMONS COMMUNICATION TO SERVICE SWEETLAND ROAD C1m Webb offered the following resolution and asked for its adotpion : RESOLVED , that the Town of Dryden has no objection for Sammons Communication to service the residents on Sweetland Rd with cable service . 2nd C1m Evans Carried ZONING OFFICER ! 18 building permits issued for the month of June ; 5 one-family dwellings , 5 mobile homes (3 are replacements ) . 2 additions , 1 garage , 3 storage buildings and 2 swimming pools . 1 Z . O . Stewart wanted to know what the Town Board would like to do about . Hoyt Benjamin at 1211 Drydentd ? He had talked with Mr LaPoint and was told that originally he had a contract with Mr Benjamin to do the septic system and to clean up the garage , but since that time when Mr Benjamin first asked to have the work done and when he wantedlit done Mr LaPoint had to give him a new price because the price of everything hadigone up . Mr Benjamin then decided to have Mr LaPoint do the septic system and he would do the garage himself . RESOLUTION # 97 HOYT BENJAMIN , 1211 DRYDEN ROAD LOCAL LAW PROVIDING FOR THE REPAIR OR REMOVAL OF UNSAFE BUILDINGS AND COLLAPSED STRUCTURES • C1m Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize Attorney Perkins to start legal procedures against Hoyt Benjamin , 1211 Dryden Rd , Ithaca , NY with regard to the Town of Dryden local law . 2nd Clm Jordan ! Roll call vote - all voting YES ZBOA held 3 hearings ; 1 was for a cabin on Short Rd which was granted 2 - Ormsby Dolph wanted a variance for a building lot on Ellis Hollow Rd which was granted 3- Mr Relyea wanted a trailer for maintenance at 399 Main St . Etna which was granted . There was some discussion about the log cabin that burned belonging to Carl Stelick . • The Town Board members decided to have ZO Stewart check and see that it is taken care of withinithe amount of time that is allowed in our zoning ordinance . Also reported that a resident had complained about 2 trailers that were on one parcel on Johnson Rd without a building permit and was within violation of the zoning ordinane . The matter has been handed over to the court . CORRESPONDENCE ] • Ambulance report SPCA report I Letter from Board of Elections regarding waiver of polling places . Letter of appreciation from the Village of Dryden regarding the reduced speed on Spring Run Rd . l 722 DISCUSSION There was some discussion regarding a proposed agreement with the Village of Dryden and the Cortland Rd Sewer Dist . The Town Board decided to have Atty Perkins draft a proposal and meet July 20th at 5 : 00PM to discuss the proposed agreement with the Village of 'Dryden concerning the information of the Cortland Rd Sewer Dist . . RESOLUTION # 98 APPOINT TOWN JUSTICE - Edwin R Sweetland Clm Webb offered the following resolution and asked for its adoption : RESOLVED , that this Town Board appoint Edwin R Sweetland as Town Justice effective July 14 , 1982 to be paid $ 370 . 00 on the monthly payroll . II 2nd Cim Jordan Roll call vote - all voting YES RESOLUTION # 99 DRYDEN SUMMER RECREATION PROGRAM- PAYROLL Clm Jordan offered the following resolution and asked for its adoption : • RESOLVED , that the Supv be authorized to process a payroll every two weeks for the Dryden Summer Recreation program . Vouchers will be audited at the Town Board meeting following the end of the program . 2nd Clm Evans Roll call vote - all voting YES RESOLUTION #100 AUTHORIZE TOWN JUSTICE TO ATTEND ADVANCE TRAINING SCHOOL AT ST . LAWRENCE UNIVERSITY Clm Webb offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize Town Justice Edwin Sweetland to attend Advance Training School at St . Lawrence University from July 27th to 30th , and to pay expenses . 2nd Clm Evans Roll call vote - all voting YES RESOLUTION # 101 AUDIT GENERAL FUND BILLS Clm Webb offered the following resolution and asked for its adoption : RESOLVED , that the general fund bills be paid as audited . 2nd Clm Evans Roll call vote - all voting YES RESOLUTION #102 AUDIT HIGHWAY FUND BILLS Clm Jordan offered the following resolution and asked for its adoption III_ RESOLVED , that the highway fund bills be paid as audited . 2nd Clm Evans Roll call vote - all voting YES JUSTICE REPORTS Judge Sweetland - $ 3711 . 00 Judge Newhart - $ 883 . 00 FINANCIAL REPORTS REVENUES EXPENSES General Fund A $ 25150 . 53 $ 42453 . 69 General Fund B 510 . 79 2603 . 74 Fire Protection 537 . 87 1515 . 80 Federal Revenue Sharing 376 . 18 - 0 Highway 179741 .: 58 85662 . 77 RESOLUTION #103 GRANT SPECIAL PERMIT - Ralph Osgood Cim Webb offered the following resolution and asked for its adoption : RESOLVED , that this Town Board grant a special permit to Ralph Osgood , 852 Wood Rd . to operate a body and mechanics repair garage with the following restrictions : 1 - six day work week and no work on Sunday ; 2 - Work hours 7 : 00 AM to 8 : 00 PM; 3- no more than six ( 6 ) vehicles may be stored outside at any one time and no parts or parts of cars may be stored outside ; 4- business may not be transfered by sale or lease to any other party . The Town Board may as such time as Mr Osgood fails to comply with these provisions cancel the special permit . 2nd Cim Jordan Carried • RESOLUTION #104 LOCAL LAW # 2 - 82 TOWN OF DRYDEN PURSUANT TO ARTICLE 24 OF THE NEW YORK ENVIRONMENTAl CONSERVATION LAW TO PROVIDE FOR THE PROTECTION , PRESERVATION AND CONSERVATION OF FRESHWATER WETLANDS WITHIN ITS BOUNDARII Clm Jordan offered the following resolution and asked for its adoption : RESOLVED , Section 1 . Pursuant to g24- 0501 of the New York State Freshwater Wetland Act (Article 24 of the New York Environmental Conservation Law) , the Town of Dryden shall fully undertake and exercise its regulatory authority with regard to activities subject to regulation under the Act in freshwater wetlands , as shown on the Freshwater Wetlands Map , as such map may from time to time be amended , filed by the Department of Environmental Conservation pursuant to the Act , and in all areas adjacent to any such freshwater wetland up to 100 feet from the boundary of such wetland . Such regulatory authority shall be undertaken- and exercised in accordance with all of the procedures , concepts and definitions set forth in Article 24 of the New York Environmental Conserva - tion Law and Title 23 of Article 71 of such law relating to the enforcement of Article 24 as such law may from time to time be amended . 15-D • Section 2 . This law , adopted on the date set forth below, shall take effect upon the • filing with the Clerk of the Town of Dryden on the final Freshwater Wetland Map by the New York State Department of Environmental Conservation pursuant to §24 - 0301 of the Freshwater Wetlands Act applicable to any or all lands within the Town of Dryden . Section 3 . This law shall take effect immediately upon adoption and filing in the manner so provided by law . 2nd Clm Evans Carried RESOLUTION # 105 i The folloiing resolution was offered by Councilman Evans • who moved itsl adoption , seconded by Councilman Webb to - wits 411 RESOLUTION DATED July 13 A RESOLUTION MAKING CERTAIN DETERMINATIONS WITH RESPECT TO A PROPOSED ' INCREASE . AND INPROVEMENT OF THE FACILITIES CF WATEP DISTRICT INO6 I IN THE TOWN OF DRYDEN , TCMPKINS COUNTY , NEW YORK . IIZ. EREAS , ; the Town Board of the Town of Dryden , Tompkins County , New York , hasj duly caused to be prepared a plan and estimate of cost for the inc ;reas € and improvement of the facilities of water District I No . I in saldi boun ; and • WHEREAS ,e+ REAS , said plan and estimate of cost are on file in the office of the Town Clerk for public inspection ; and WHEREAS , ;such ' i. ncrease and improvement ccnsists of the replacement of I permanent interconnection with Cornell University water mains and ;construction of a / a as more fully described in the & forementione plan and estimate of cost ; and WHEREAS ,- the total cost of the aforesaid increase and improvement of the facilities is $ 188000 ; anij WHEREAS , Said Town Board duly called a public hearing on the Question of inere , sing and improving the facilities Of Water District No I in the manner described above to hear all persons interested in the subject thereof concern + nry ah same n and • WHEREAS , notice of such public hearing uas' . duly ub1ithed and posted in the manner and within the time prescribed by Section 202 - b of the Town Law , and proof of such publication and posting have been duly presented to said Town Board ; and WHEREAS ;. ti p :ibl ;A. sa hearing was Caly held at the time and place set forth in said notice , I1. which all pans ns desiring to be he arkrre duly heard ; and . WHEREAS said .Town Board • hes duly considered said 'Increase and improvement ; } NOW , THEREFORE , BE IT • • i . \-, RESOLVED , by the Tour. Board of the Town of . lryden , Tompkins County , New York , as follows : ii Sect .ion __ 1 ., Upon the eviience given at the aforesaid public hearing , it is hereby fours ± and determined ttat it is in the nuLlic Interest to increase and improve the facilities of Water District " c . 1 in the manner described in the preambles hereof . Sectiorn __ 2± The Town Attorney , is hereby ordered to prepare definite plans and specifications and to make a careful estimate of • the expense of such increase and improvement and to prepare a proposed contract for the execution of the work . 5ect1or,nr _ 1s This resolution shall take effect immediately . The question of the adoption of the foregoing resolution was duly put to a vote on roll call , which resultea as follows : ��- Supervisor Cotterlil VOTING Yes Councilman Evans _ __ VOTING Yes Councilman Webb VOTING Yes • Councilman Joran VOTI'NC Yes _ _.._ _ _ _ VOTING il , The resolution was thereupon declared duly adopted . . t RESOLUTION #106 The following resolution was offered by Councilman Evans • r who moved its adoption , seconded by Councilman Webb to - wit. : BOND RESOLUTION DATED July 13 1082 . A RESOLUTION AUTHORIZING THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF WATER DISTRICT NO . 1 IN THE TOWN OF DRYDEN , TOMPKINS COUNTY , NEW YORK , AT A MAXIMUM ESTIMATED COST OF $ 18 , 000 AND AUTHORIZING THE ISSUANCE OF $ 16 , 000 SERIAL BONDS OF SAID TOWN TO PAY THE COST THEREOF . IIIWHEREAS , after all proceedings were duly had and taken by the Town • Board of the Town of Dryden , Tompkins County , New York , pursuant to Section 202 - b of the Tovn Law , said Town Board has found it to be in the public interest to increase and improve the facilities cf Water District No . 1 in said Town , at a maximum estimated cost cf $ 18 , 000 , consisting of the replacement of water mains and / ; and versit ': construction of permanent interconnect with Cornell Uni - / WHEREAS , it is now desired to authorize said increase and improvement and to provide fOr the financing thereof ; NOW , THEREFORE , BE IT • ' VA RESOLVED , by the Town Board of the Town of Dryden , Tompkins County , New York , as follows : Secs - n 14 The increase and improvement of the facilities of Water District 'No . 1 In the Town of Dryden , Tompkins County , New York , consistil g of the replacement of water mains and con - / , is hereby structlon of permanent interconnect with Cornell. University authorized at a maximum estimated cost of , $ 18 , 0 000 . 2Q .t1rn ..._ 2 , The plan for the financing of such specific object or purpose is by the issuance of $ 160000 serial bonds of said Town , ea hereby authorized to be issued therefor pursuant to the Local Finance 411 Lam . 1 5pci< i?. .i... ; It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty 1 years , pursuant to subdivision 1 of paragraph a of Section MOO of the Local Finance Law . It is hereby further determined that the 1 maximum maturity of the serial bonds herein authorized will exceed five years •. 1a __ Itsj The faith and credit of said Town of Dryden , Tompkins County , New York , are hereby irrevocably pledged for the payment of the principals of and interest on such bonds as the same respectively become due and !payables Such bonds shall be payable from a levy on T� property in Water District No . 1 in the manner provided by law , but if not paid from such source , all the taxable real property within said Town shall be subject to the levy of an ad valorem tax , without limitation as t;o rate or amount , sufficient to pay the pfincipal of and interest on! said bonds , Secfl ?m ? .a Subject to the provisions of the Local Finance Law , the power to :authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized , including renewals of such notes , is hereby delegated to the Supervisor , the chief fiscal officers Such notes • shall be of such terms , form and contents , and shall be sold in such manner , as may Ibe prescribed by said Supervisors consistent with the provisions of the Local Finance Lau . 1 . l 's . _ . . . 2 .22119 a4 The validity of such bonds and bond anticipation notes may be contested only if : 1 ) Such .obligations are authorized for an object or purpose for which said Town is not authorized to expend money , or 2 ) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied . Faith , . and an action , suit or proceeding contesting such validity is • commenced within twenty days after the date of publication , or 3 ) Such obligations are authorized in violation of the provisions of the Constitution . Sect , on __; 7_ This resolution , which takes effect immediately , shall be published in full in The Ithaca Journal . the official newspaper - . of said Town designated for such purpose , together with a notice of the Town Clerk in substantially the form provided in Section 81 . 00 of the Local Finance Law . The question of the adoption of the foregoing resolution was duly put to a vote on roll call , which resulted as follows : Supervisor Clinton Cotterill VOTING Yes Councilman Charles Evans VOTING Yes Councilman Frank Jordan VOTING Yes Councilman Merton Webb ' VOTING Yes • VOTING The resolution was thereupon declared duly adopted . OLD BUSINESS Supv Cotterill reported that he had received a letter from Mr Powers the NYS Engineer stating that they had studied the Yellow Barn Rd and Rt 13 intersection and that they had appreciated our concern for the safety and visibility there but , they had determined by their study that any change or increase of need for visibility was not warranted at this time . They will reanalyze the signs that . are there. • Adjourned : 9 : 30PM • 5gtutz ° / lz:(• 4 • . - Susanne Lloyd Town Clerk • • • • ; a } . k