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HomeMy WebLinkAbout1983-01-04 ORGANIZATIONAL MEETING January 4 , 1983 The Organizational Meeting of the Dryden Town Board was called to order at 7 : 00PM Present : Supv Cotterill , Clm Webb , Clm Metzger , Clm Jordan and Clm Evans RESOLUTION #1 RULES OF PROCEDURE Clm Metzger offered the following resolution and asked for its adoption . RESOLVED , that this Town Board use Town Law Section # 63 . 2nd Clm Evans Carried RESOLUTION # 2 SALARY SCHEDULE Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that the salaries of the elected Town Officials be set for the year 1983 as follows: Supervisor $ 4 , 000 . 00 Councilmen ( 4 ) 1 , 600 . 00 each Highway Superintendent 18 , 775 . 00 Town Clerk 6 , 900 . 00 Town Justice Newhart 5 , 300 . 00 Town Justice Sweetland 4 , 920 . 00 2nd Clm Webb Roll call vote - all voting YES RESOLUTION # 3 SALARY PAYMENT Clm Metzger offered the following resolution and asked for its adoption : RESOLVED , that all elective and appointive officials of the Town of Dryden will be paid bi -weekly with the exception of the Supervisor , Councilman , and Town Attorney , who will be paid monthly . 2nd Clm Jordan ' Carried RESOLUTION # 4 TELEPHONE CREDIT CARDS Clm Evans offered the following resolution and asked for its adoption ; RESOLVED , that the telephone credit cards to be renewed for the year 1983 for Supv Cotterill , Clm Webb , Clm Jordan , Clm Evans , Clm Metzger ; Justice Sweetland , Justice Newhart , Town Clerk Lloyd , Zoning Officer Stewart , Planning Board Chairperson Caldwell , Zoning Board of Appeals Chairman Keech , Attorney Perkins , Hwy Supt Humphrey , Court Clerks . _ and Gentz , Planning Board and Zoning Board of Appeals Sec . Koelsch . 2nd Clm Jordan Carried RESOLUTION # 5 MILEAGE Clm Jordan offered the following resolution and asked for its adoption , RESOLVED , that the mileage will be paid to the Town Officals , including election inspectors , at a rate of 20 cents per mile when using their own car for official town business , other than scheduled Town Board meetings . 2nd Clm Webb , Roll call vote - all voting YES RESOLUTION # 6 DESIGNATE OFFICIAL BANK Clm Evans offered the following resolution and asked for its adoption , i RESOLVED , that the Town Board designate the First National Bank of Dryden as the official bank for the Town of Dryden . 2nd Clm Webb Carried RESOLUTION # 7 OFFICIAL ADVERTISING Clm Jordan offered the following resolution and asked for its adoption : RESOLVED , that this Board designate the Ithaca Jouranl for official advertising for the year 1983 . 2nd Clm Webb Carried RESOLUTION # 8ADVANCE PAYMENT OF UTILITIES Clm Metzger offered the following resolution and asked for its adoption : RESOLVED , that Supv Cotterill be authorized to pay in advance of the audited claims the utility bills , all claims to be presented at the next regular board meeting . 2nd Clm Jordan Carried RESOLUTION # 9 ZONING ENFORCEMENT OFFICER Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board appoint Sibley Stewart as Zoning Enforcement Officer for the year 1983 at a salary of $ 9 , 750 . 00 2nd CIm Metzger Roll call vote - all voting YES RESOLUTION # 10 SUBDIVISION CONTROL OFFICER AND MULTIPLE RESIDENCE INSPECTOR ' • Clm Jordan offered the following resolution and asked for its adoption : RESOLVED , that this Town Board appoint Sibley Stewart as Subdivision Control Officer and Multiple Residence Inspector for the year 1983 . 2nd CIm Webb Carried 97 . RESOLUTION # 11 TOWN ATTORNEY Clm Webb offered the following resolution and asked for its adoption : RESOLVED , that this Board appoint Mahlon Perkins as Town Attorney at a salary of $ 8 , 500 . 00 for the year 1983 . 2nd Clm Evans Roll call vote - all voting YES RESOLUTION # 12 RECEIVER OF TAXES & ASSESSMENTS Clm Metzger offered the following resolution and asked for its adoption : RESOLVED , that this Board appoint Susanne Lloyd as Receiver of Taxes and Assessments at a salary of $ 2 , 850 . 00 for the year 1983 . 2nd Clm Evans Roll call vote - all voting YES RESOLUTION # 13 SECRETARY-BOOKKEEPER Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that this Board appoint Dianne McFall as Secretary-Bookkeeper for the • year 1983 at a salary $ 7 , 800 . 00 2nd Clm Webb Roll call vote - all voting YES RESOLUTION #14 SECRETARY- BOOKKEEPER HIGHWAY DEPT . Clm Jordan offered the following resolution and asked for its adoption : RESOLVED , that this Board appoint Dianne McFall as Secretary- Bookkeeper for the Highway Dep for the year 1983 at a salary of $ 2 , 800 . 00 2nd Clm Metzger Roll call vote - all voting YES RESOLUTION # 15 COURT CLERKS Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that this Board appoint Jean Ryan and Susan Gentz as Court Clerks for the year 1983 at a salary of $ 7 , 917 . 00 each for a 35 hours work per week . 2nd Jordan Roll call vote - all voting YES RESOLUTION #16 SECRETARY TO PLANNING BOARD AND ZONING BOARD OF APPEALS Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that this Board appoint Jane Koelsch as secretary for the Planning Board and Zoning Board of Appeals for the year 1983 at a rate of $ 3 . 50 per hour . 2nd Clm Jordan Roll call vote - all voting YES RESOLUTION #17 CUSTODIAN OF TOWN HALL Clm Metzger offered the following resolution and asked for its adoption : RESOLVED , that this Board appoint Catherine Butts as custodian for the year 1983 at the rate of $ 4 . 00 per hour and limit the work week for custodial work to 16 hours per week . 2nd Clm Jordan Roll call vote - all voting YES RESOLUTION # 18 LICENSOR FOR GAMES OF CHANCE Clm Webb offered the following resolution and asked for its adoption : RESOLVED , that this Board appoint Susanne Lloyd as licensor for Games of Chance for the year 1983 . . 2nd Clm Evans Carried RESOLVED #19 SERVICE OFFICER Clm Jordan offered the following resolution and asked for its adoption : RESOLVED , that this Board appoint Supv Cotterill as Service Officer for the year 1983 . 2nd Clm Evans Carried RESOLUTION # 20 FIRE WARDEN Clm Metzger offered the following resolution and asked for its adoption : • RESOLVED , that this Board appoint Supv Cotterill as Fire Warden for the year 1983 . 2nd Clm Jordan Carried RESOLUTION # 21 SPECIAL DISTRICT ADMINISTRATION . Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that Supv Cotterill has the power and duties of administration and supervision of the Town of Dryden on Special Improvement District functions to be • preformed on behalf of the Town Board . 2nd Clm Webb Carried RESOLUTION # 22 SPECIAL FUND ASSESSMENT ADMINISTRATION Clm Metzger offered the following resolution and asked for its adoption : RESOLVED , that Supv Cotterill has the power and duties of administration and supervision of the Town of Dryden on Special Assessment Fund functions to be performed on behalf of the Town Board . 2nd Clm Metzger Carried i P7 SPECIAL MEETING DECEMBER 29 , 1982 Minutes of the special meeting held on Dec 29th . Supv Cotterill called the meeting to order at 5 : 00PM Roll call was by the Town Clerk : Present : Supv Cotterill , Cim Webb , Clm Metzger and Clm Jordan arrived af' 5 : 05PM Absent : Clm Evans Supv Cotterill appointed Clm Webb and Clm Metzger to audit the highway and general fund bills . The Town Board accepted the resignation of Planning Board member Ross Gerbasi . RESOLUTION # 174 DECREASE SALARY OF JUDGE SWEETLAND ® Clm Webb offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize decreasing the salary to $ 4 , 920 . 00 for 1983 for Justice Edwin Sweetland per his request . 2nd Cim Metzger Roll call vote - all voting YES RESOLUTION # 175 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 Metzger Roll call vote - all voting YES RESOLUTION #176 AUDIT HIGHWAY BILLS Clm Metzger offered the following resolution and asked for its adoption : RESOLVED , that he highway bills be paid as audited . 2nd Cim Webb Roll call vote - all voting YES NEW BUSINESS Organizational meeting - January 4th at 7 : 00PM Adjourned : 5 : 15 PM Yia , d C9&—e91L, Susanne Lloyd Town Clerk • / 00 RESOLUTION # 23 CERTIFICATES OF DEPOSIT Clm Evans offeredIthe following resolution and asked for its adoption : RESOLVED , that the Supv be empowered to purchase certificates of deposit as accounts allow . I 2nd Clm Jordan Carried RESOLUTION # 24 FIRE CONTRACTS AND AMBULANCE CONTRACTS Clm Jordan offered the following resolution and asked for its adoption : RESOLVED , that the Supv be authorized to pay the Fire Contracts and Ambulance Contract for the year 1983 as per the budget . 2nd Webb Roll call vote - all voting YES RESOLUTION # 25 SOUTHWORTH LIBRARY Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that the Supv be authorized to pay the Library Contract in the amount of $ 1 , 000 . 00 for the year 1983 when the funds are available . 2nd Clm Webb Roll call vote - all voting YES 411 RESOLUTION # 26 APPOINT TOWN HISTORIAN Clm Jordan offered the following resolution and asked for its adoption : RESOLVED , that this Board appoint Ruth Sweetland for the 1983 as Town Historian at a salary of $ 125 . 00 to be paid annually . • 2nd Clm Webb Roll call vote - all voting YES RESOLUTION # 27 APPOINT BINGO INSPECTOR 1 Clm Webb offered the following resolution and asked for its adoption : RESOLVED , that this Board appoint Roger Lampila as Bingo Inspector for the year 1983 at a rate of $ 150 )00 to be paid annually . 2nd Clm Evans Roll call vote - all voting YES RESOLUTION # 28 DEPUTY TOWN CLERK Clm Jordan offered the following resolution and asked for its adoption : RESOLVED , that this Board upon the recommendation of Town Clerk Lloyd appoint Jane Koelsch as Deputy 11Town Clerk to be paid in a range not to exceed $ 3 . 50 per hour for the year 1983 . 1 2nd Clm Evans Roll call vote - all voting YES RESOLUTION # 29 DEPUTY TAX COLLECTOR Clm Webb offered the following resolution and asked for its adoption : RESOLVED , that this Board upon the recommendation of Town Clerk Lloyd appoint Jane Koelsch as Deputy Tax Collector to be paid in the range not to exceed $ 3 . 50 per hour for the yiear 1983 . 2nd Clm Jordan Roll call vote - all voting YES 1 RESOLUTION # 30 PETTY CASH 1 Clm Webb offered the following resolution and asked for its adoption : RESOLVED , that this Board authorize a petty cash fund for the Town Clerk not to exceed $ 100 . 00 , Tax Collector not to exceed $ 100 . 00 and Judge Newhart not to exceed $ 25 .00 for the year 1983 . 1 2nd Clm Jordan 1 Roll call vote - all voting YES 1 RESOLUTION # 31 PLANNING BOARD CHAIRMAN - SALARY Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that this Board authorize the Supv to pay the Planning Board Chairwoman Barbara Caldwell for the year 1983 at a rate of $ 400 . 00 to be paid annually . 2nd Clm Jordan I Roll call vote - all voting YES RESOLUTION # 32 ZONING BOARD OF APPEALS — SALARY 411 Clm Metzger offered the following resolution and asked for its adoption : RESOLVED , that this Board authorize the Supv to pay the Zoning Board of Appeals Chairman , Robert Keech for the year 1983 at a rate of $ 400 . 00 to be paid annually 2nd Clm Webb 1 Roll call vote - all voting YES RESOLUTION # 33 HIGHWAY SALARIES Clm Jordan offeredlthe following resolution and asked for its adoption : RESOLVED , that all the highway employees will be paid in a range not to exceed $ 7 . 00 per hour , as recommended by Hwy Supt Humphrey for the year 1983 . 2nd Clm Metzger Roll call vote - all voting YES , RESOLUTION # 34 DEPUTY HIGHWAY SUPERINTENDENT Clm Metzger offered the following resolution and asked for its adoption : RESOLVED , that this Board accept the recommendation of Hwy Supt Humphrey to appoint John F Park as Deputy Supt of Highways for the year 1983 . 2nd Cim Jordan Roll "call vote - all voting YES RESOLUTION # 35 GASOLINE PURCHASE AND DIESEL Cim Evans offered the following resolution and asked for its adoption : RESOLVED , that the Town of Dryden accept State pricing or local bid for gasoline to be purchased for the use of the town equipment for the year 1983 . 2nd Cim Metzger Carried RESOLUTION # 36 TIRE PURCHASE Cim Metzger offered the following resolution and asked for its adoption : RESOLVED , that the Town of Dryden accept State pricing or local bid for the purchase of tires for the use on town equipment for the year 1983 . ail2nd Cim Jordan Carried RESOLUTION # 37 PIPE AND CULVERT Cim Jordan offered the following resolution and asked for its adoption : RESOLVED , that the Town of Dryden accept County pricing for pipe and culvert purchased for_ the town highway purchases for the year 1983 . 2nd Cim Evans Carried RESOLUTION # 38 OIL AND STONE PURCHASE Clm Metzger offered the following resolution and asked for its adoption : RESOLVED , that the Town of Dryden accept either State or County pricing for the purchase of road oils and stone for the year 1983 . 2nd Clm Jordan Carried RESOLUTION # 39 SALT PURCHASE Cim Jordan offered the following resolution and asked for its adoption : RESOLVED , that the Town of Dryden accept State pricing or local bid for the purchase of salt for Town Highway Department use for the year 1983 . 2nd Cim Evans Carried RESOLUTION # 40 PURCHASE SMALL TOOLS Cim Metzger offered the following resolution and asked for its adoption : RESOLVED , that Hwy. Supt Humphrey be authorized to purchase small tools not to exceed $1 , 000 . 00 for the year 1983 . 2nd Clm Jordan Roll call vote - all voting YES SUPERVISOR APPOINTMENTS Deputy Supervisor - Jon Metzger General Fund Bills Committee - Jon Metzger and Charlie Evans Highway Fund Bills Committee - Frank ' Jordan and Merton Webb Building and Grounds . Committee - Jon Metzger and Frank Jordan Assessment and Review Committee - Charlie Evans and Merton Webb Insurance Committee - Charlie Evans and Frank Jordan Representative to Planning Board - Charlie Evans Public Relations Village of Dryden - Frank Jordan Village of Freeville - Merton Webb Recreation Committee - Frank Jordan and Charlie Evans MONTHLY MEETINGS Second Tuesday of each month at the Town Hall unless otherwise designated at 7 : 30PM • TOWN CLERK HOURS Monday thru Thursday 9 to 3 ; Friday 9 to 5 closed 12 : 30 to 1 : 30 for lunch Saturday 9 to 12 noon . Closed Saturday for the month of June and July Month of July and August - Monday thru Friday 9 to 1 and in August Sat . 9 to 12 . ZONING OFFICER Tuesday and Thursday 9 to 1 , Saturday 9 to 12 noon , other hours by appointment , RESOLUTION # 41 DELEGATE TO ASSOCIATION OF TOWNS Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board designate Councilman Jon Metzger as voting delegate to the Association of Towns annual meeting in New York 2nd Cim Webb Carried .,ID ? . RESOLUTION # 424 POLICIES AS ADOPTED BY THE DRYDEN TOWN BOARD Clm Metzger offered the following resolution and asked for its - adoption : • RESOLVED , that the following policies , effective January 1 , 1983 will apply to all full time employees not covered elsewhere or those contracted to work 20 hours or more per week on a permanent full time basis , unless otherwise noted . VACATION : - The time begins from date of .permanent eMployment_ and is based on the average number of hours worked . The Highway Department will close the week of the Fourth of July . Vacation .time may not be accumulated with- out the written approval of the department head . You must use vacation time within the year or lose it . Any time not used by retirement will be honored at that time . . Afterlone (1 ) year employment '- one week After two ( 2 ) years employment - two weeks After ten (10 ) years employment • -• three weeks Afterlfifteen (15 ) years employment four weeks 410. HOLIDAYS : - SevenI. ( 7 ) days per year . New Years Day , Memorial Day , Fourth. of July , LaborlDay , General Election Day , Thanksgiving Day and Christmas Day . The day before and the day after must be worked to be paid for the holiday . FUNERALS : - Allowed up to three ( 3 ) days for a member of the immediate family . One (1 ) day allowed for a funeral outside the Ithaca -Cortland area and one-half day for within the Ithaca -Cortland area . SENIORITY : - Employee will lose all seniority upon termination of employment (except for time nunder NYS Employees Retirement rules ) with the following exceptions : a . Active service in the U . S . Armed Forces . b . Leave of Absence without pay - if employee pays all benefits ahead for missed time and has written approval of the department 1 • head or Town Board . These will be voided if another source of I employment is held during this time . WORKMEN ' S COMPENSATION : All employees are covered , including part time and temporary employees . RETIREMENT : - All full time ( 35 hours per week or more ) must ' be covered . Those salaried or contracted to work 20 hours or more on -' a -permanent basis may join and are pro- rated , according to the rules of the NYS Retirement System . 1 DISABLIITY : - Town Clerk and Highway Superintendent are also covered . Must be used if sick for more than seven ( 7 ) consecutive days . Town will make up thejdifference between disability payments and regular weekly wages by using accumulated sick time for hourly employees . SICKTIME : - One day per month up to a maximum of 120 days or appropriate hours . Average hours worked per month will determine how many hours the day is worth . Will be used at retirement toward health insurance premiums . For example ; Hourly rate times number of hours per . day times total number of sicktime hours accumulated equals total dollar amount of health insurance premiums . Medical substantiation may be required . PERSONAL TIME : - Allowed to use up to three days from sick time per year . Balance must be used from vacation time or without pay . HEALTH INSURANCE : 1 - Not eligible for first six month of permanent employment . 1 Family and individual policies are available . JURY DUTY : - Make up difference between normal weekly wage and payment received 411 for Ihourly workers . ACTIVE RESERVE DUTY : - Make up difference 2nd C1m Jordan . Roll call vote - all voting YES RESOLUTION # 43 PLANNING BOARD APPOINTMENTS 1 Cim Metzger offered the following resolution and asked for its adoption : RESOLVED , that this Town Board to appoint Edward Dollaway term to expire in 1983 ; Kenneth Gardner = Item to expire in 1984 ; and Roger Lampila term to expire in 19891 to the Dryden Town , Planning Board , 2nd Clm Webb Carried • Adjourned : 8 : OOPM, )C 4iw,L / / • . / Susanne Lloyd Town Clerk TOWN BOARD MEETING January 11 , 1983 Minutes of the Town Board meeting held on Jan 11th Supv Cotterill called the meeting to order at 7 : 30PM Members and guests participated in the Pledge of Allegiance Roll call was by the Town Clerk : Present : Supv Cotterill , Clm Evans , Clm Webb Clm Metzger , Atty Perkins and ZO Stewart Absent : Clm Jordan Supv Cotterill appointed Clm Metzger to audit the Hwy bills . Approval of the minutes : Motion was made by Clm Metzger and seconded by Clm Evans that the minutes of the public hearing and board meeting held on Dec 14th and • special meeting held on Dec 29th be approved as submitted . Motion was made by Clm Webb and seconded by Clm Metzger that the minutes of the Organizational Meeting held on Jan 4th be approved as submitted . COUNTY BRIEFING Co Rep Watros reported that they are in the process of reorganization . Supv Cotterill wanted to know if the plans were going forward regarding the German Cross Rd bridge . Co Rep Watros - everything is proceeding towards construction . CITIZEN PRIVILEGE OF THE FLOOR Tim Baldwin from Hunt Engineers was present and gave a report of their progress concerning the Cortland Rd Sewer Dist . The plans are sufficient now for them to forward to DEC for approval . Co Rep Watros would like to request any extra fill that they have from doing the project to be dumped near the Dryden Senior Housing where they are trying to fill it in . Dennis Portzline was present and wanted to know if there were any figures available yet as to what the cost is going to be ? Supv Cotterill they are still working on a formula and have not come up with anything definite yet . Mr John Hunt from 16 Snyder Hill Court - reported that the town board seems to be invading his property. Today he found surveyors out there putting down stakes . He has talked with Mr Evans . He reported that the board had instructed Mr Perkins to negotiate a plan for the betterment of that situation up there for the town and the residents . Supv Cotterill - you told us last month when you were here you would only accept what was there . You weren ' t interested in discussing anything else . Mr Hunt - I told you that if you made a move to take my property I would see you in court . You apparently have gone ahead and done this with surveying today . Supv Cotterill - let us find out first what we have done before I can answer you . Mr Hunt - that is why I am here . I am willing to talk about it , and work something out . Supv Cotterill - we will asks the attorney what discussions have gone on since the last meeting . Atty Perkins - with the direction of the Town Board , he contacted the attorney for • Mrs Lutton who owns property on the east side of Snyder Hill Court and proposed to her attorney the realignment as to what we had agreed on . Her attorney got back to me in a couple of weeks and said that it was okay , so then he contacted George Schelcht . George produced a map which was both satisfactory to the town and Mrs Lutton exactly along the lines that the- board had agreed on at the last Dec meeting . The appropriate papers were prepared transferring to Lutton that portion of the semi - circle which had her well on it , and to the town a protion of the Lutton property that was a realignment so to speak on the east side what would be the center line of Snyder Hill Court . He hasn ' t had confirmation yet that it is closed , but expected it to close today or tomorrow . Clm Evans - that was the 30 foot piece that the board had agreed on . If I understand correctly Mr Hunt ' s understanding is we were also going to put a 20 foot piece that had been surveyed to turn the other way , is that correct John ? Mr Hunt - according to the surveyor Mr Schelcht , whom I had a very hurried chance to talk to this morning offered to pull up the stakes and said there would be no change on this side of the court . Mr Evans tonight informed me that the board had talked • about a 20 foot piece back there . All of this neglects mention of the fact that you are trespassing on my land to the extent of 15 feet at the end of the paved . section of the court . My attorney.' Mr Williamson says flatly thatthis is not the matter of the towns ownership by right of occupancy . I am quite willing to resolve this and feel that we could improve the situation on the court for the town and the residents . None ; of the proposals so far by the town have been satisfactory . As far as negotiations are concerned I am directly involved . Since a letter from Mr Perkins back in Nov I have had no communication from him nor has my attorney and he is aware Mr Williamson isI my attorney . I haven ' t heard one thing nor has my attorney heard one thing from the town attorney on this and I am getting mad enough at this point so that I am ready to go on Article 78 procedure on the board and on the attorney . I am certainly not willing to accept any change in the situation up there and this is a shame , because Charlie Lutton needs to sell his property . He is in a bind where he is in a financial position where he has a chance to lose his own house . He has a chance to sell this house and retire a debt and come clean . I. don ' t think it is in the interest of the town , and I know it is not in the interest of the residents of this small court to go in the direction that we have gone or that the town board has gone . I am sorry that Greg Humphrey is not here tonight , because I would like to have his input on this too . Mr Humphrey originally had sat down with the prospective buyer of Mrs Luttons property and myself and worked out what was agreeable to thelhighway dept and the two owners involved . Now , that is where we stand . 1 Supv Cotterill - this board did determine that they could not accept a 20 foot wide place for a town truck . We had to have more and we did authorize our attorney that we wanted 30 foot minimum . On a new road now , we require 60 feet , so that is considerable less . This is the basis that we authorized him last time to proceed if he could get at least 30 feet on the right hand side , but obviously we assumed from your remarks that you were not interested to discuss it Mr Hunt - nobody has ever asked . Supv Cotterill - flare you willing to look at the possibility of having room to turn around on the other side . Mr Hunt - I am willing to work out something that is mutually agreeable . Supv Cotterill - ewe are willing to discuss that , but we do not feel that we can accept less than the 30 feet and ask Greg to turn a truck around on it . Clm Evans - his understanding on the discussion Was as he had pointed out to John , only the smallest snowplow they have could turn around in the 20 foot width . Mr Hunt - this is information that he hasn ' t heard . The surveyor was there this morning and apparently wasn ' t measuring this because he was offering to pull up stakes . There isI some misunderstanding there . Clm Evans - there, is no question that the town and the highway dept would be better off if we could go the 30 feet and make it a tee . Mr Hunt - lets get together on this and discuss it . Supv Cotterill - what we need is a map here . Mr Hunt - I think1we really need to get on the ground and look at it . Atty Perkins - a 'copy of that map of the proposal went to Mr Hunts attorney at Mr Hunts request . Mr Hunts attorney informed me that ' it was not acceptab' to Mr Hunt . Mr Hunt - I have that copy of the map and this is correct , and it is still not acceptable . I don ' t think that is the only answer . Supv Cotterill - I will not ask Greg to put a snowplow nn anything less than 30 feet because he knows the danger of snow . If the truck goes off the edge and gets onto private property ae are putting the taxpayer liable to the damage . Therefore , if we accept anything it will be nothing less than 30 feet. Regardless if Greg says he can turnaround on less than 30 feet we will not accept it . Clm Evans - John do you have an alternate suggestion to get 30 feet out of it for a turnaround ? Mr Hunt - sure I don 't mind 30 feet . I have been asked for 36 feet . Supv Cotterill - I am willing to look at any offer that will allow him no less than what is on the other side and will be very happy to do that . Mr Hunt - I am not willing to go 36 feet , which is what the present survey is . Supv Cotterill - I haven ' t seen a map with 30 or 36 feet on it so if you have one I would be willing to look at it . Mr hunt - I don ' t , have one with me and what we have with our 21 foot map , which is the original proposal with Greg , Mrs . Charles Lutton and myself , is a 15 foot cutoff at the pavement at the end of the circle . So you add 15 and 21 and you get 36 . What they have done as far as the survey is concerned is put a stake at the end of the circle and run it out and that adds up to 36 feet . 1 1 / , Supv Cotterill - doesn ' t see any , sense in debating it . If we can get a map and design something that we can accept . Mr Hunt - I think we need Greg in on this discussion , since he is a party to it since he is going to have to live with it . Supv Cotterill - there is no question about it because we are going to have his approval , but the majority of us have determined that it is not practical for us to allow him to use less than 30 feet without asking for problems . Mr Hunt - I am not in basic dissagreement with you . Supv Cotterill - I am willing to look at any proposal that Greg or Mr Hunt comes up with . Mr Hunt - might I suggest a discussion on the ground would be in order . You might just take a look at the damage the snowplow has done this , year which I have repaired at my own expense now and in the past years . Supv Cotterill - that is one more reason why we should not accept less than 30 feet • because we probably will continue to do more damage on private property if we don ' t own it . Mr Hunt - you don ' t own a 30 foot wide plow now . Supv Cotterill - I understand , but you don ' t turn a plow around on exactly the size of the plow or the width of it . Mr Hunt - I know you turn around in a longer and wider space , but we can work these things out . Unfortuantely , to this board , the board and its representative have made no effort to work these things out and I might add just as = a side note Charlie Lutton i _ interested in one thing only , and that is the sale of that property . He doesn ' t live there and he doesn ' t care about it . So you can negotiate anything . I live there . Supv Cotterill - you may come ill with a proposal and we will be happy to look at it . Greg is the one that is going to make the proposal to us . So if you have a proposal make it to us . I will suggest to Greg to set up a time with you and any of the board members that can go out there and look at it so that we can come up with a solution that will be acceptable . The unfortunate thing is that there was a mess created by no fault here . Mr Hunt - there is and we have to straighten it out . Supv Cotterill - I don ' t think there is a problem in doing that . . We got the impression that you were not willing to consider anything different than what was on the map , and the attorney did send something to your attorney and was told there was no way that you would be interested , so we left it there waiting for you to come back and tell us what was acceptable to you . It isn ' t that we haven ' t attempted . The . ' information we got from your attorney was what we had proposed was totally unacceptable and you would come back with a proposal . that was acceptable which we can anallze . I am sorry that wasn ' t a satisfactory proposal . . Mr Hunt - my attorney has had no communication from you people since the public hearing . I am sorry , but this is a fact that he had assured me this evening . Supv Cotteti•ll - I will ask Greg to get in touch with you . Mr Hunt - lets set up a meeting and solve this problem . Supv Cotterill - you are welcome to come in with any proposal that you feel acceptable and we will be happy to look at it . If you want Greg to come out to meet with you sometime I am sure he will do that . Mr Hunt - I find it somehow unproductive and not particularly to my liking to pass papers back and forth . I would much rather sit down and talk . I think we can come to a conclusion on this . We can draw lines on the same piece of paper and argue , but I am not going to accept the original proposal from the town attorney at all . • This is not 30 feet it is 36 feet . Supv Cotterill - lets not argue this whether you bring us a proposal or the highway commissioner does we are not fussy who does bring it to us to analyze . Mr Hunt - well thank you very much , but lets get together and resolve this problem . COUNCILMAN PRIVILEGE OF THE FLOOR Clm Webb - was wondering about the number of unlicensed cars at the corner of Fall Creek Rd and Cady Lane . Z . O . Stewart said that he would check it out . ATTORNEY . Atty Perkins - reported that a property owner made application to the building inspector to put up a frame dwelling on a piece of property representing that he had plenty of road frontage . In turn he was about to sell about almost all of that road frontage to another individual . Subsequently he did and we found out about it and revoked his permit because he didn ' t have adequate road frontage . Notwith- standing the revocation of the permit he placed a mobile home on his property and has since sold it to a third party . The mobile home is there without a building permit , and apparently without Health Dept approval and without nearly enough road frontage . We are informed that the individual who used to own this property is out of town right now . The so called innocent 3rd party has been advised that he should immediately make application for a variance to get a building permit . Atty Perkins has heard from their attorney and they are working to get this problem solved . It remains that the board should take a position against this other individual who committed an out and out fradulent act . Supv Cotterill - what you are saying/isperson applied for a permit illegally and then sold the property to a third party . Atty Perkins - yes , false representation . Not only that he got a building permit to put up a frame dwelling and when the permit was revoked he placed a mobile home there without a health dept permit or building permit . This would be considered a criminal act . You should look into what effort the third party does to correct this . As far as the original owner of the land , the only sanction you have left would be the criminal act . It is a violation of our zoning ordinance . I . will be able to report more to the board at the next meeting . Atty Perkins - also reported on Snyder Hill Court , we have solved Mrs Lutton ' s problem exactly along the lines the board approved at the Dec . meeting . C1m Evans - now understands Mr Hunt ' s problem . He contends that we are measuring the upper end of the 30 feet from the top of the circle and he contends that we should be taking the 30 feet from the bottom of the circle or the town property . picking up an extra 6 feet . Atty Perkins - Mr Cornelius has a unique problem . He has an admitted topsoil operation on Rt 366 which is in a RB zone . Our zoning ordinance states that no topsoil ' operation or mining of gravel etc , may notbe taken from any zone other than an RC or RD zone and then only applied for by a special permit requirements under Section 806 of our zoning ordinance . ZBOA previously gave Mr Cornelius a variance to operate his manufacturing of concrete steps and septic tanks on his property on the condition that the equipment be stored inside the large barns there . Since Mr Cornelius has been successful with his business he has acquired more equipment and has again stored some outside . There were complaints by the neighbor so he came back for and asked the ZBOA for permission to store equipment outside of his buildings . The ZBOA then apparently took it upon themselves to take over one of the functions of the Town Board as it pertains to the topsoil operation ., which they gave him a variance to do that , which they didn ' t have the power to do . They also gave him the variance to store his equipment outside . Z . O . Stewart - Mr Cornelius applied for.-. a variance for the machinery and the topsoil which I had advised him to do because I thought that he had to do . Atty Perkins - felt that it is an area that is clear in the zoning ordinance . The only way you can conduct such an operation is by complying with those requirements listed in Section 806 . The Town Board is powerless even to entertain his application for a special permit to conduct the topsoil operation even in the zone he is in . The only conceivable remedy Mr Cornelius has is to change the zoning to RC or RD . He can then apply to the Town Board under Section 806 . Mr Cornelius - I bought this property and farm in 1976 . I have extracted topsoil and has done what he has wanted to do there until . 1980 , no questions or problems . He was sure that in 1979 or 1980 he came and requested and had a public hearing because he wanted to mine aggregates and he put that right on the permit . There was no opposition on it al all and he never heard from anybody . He has just continued right on . Everything went through Sib . I _, kept my business going and then Sib came down and said that I will have to get a permit and revise this because Relyea didn ' t like his equipment sitting outside and I would also need a topsoil variance . There was topsoil extracted from this farm as far as he knows as early as. 1967 . I can show you records where I have bought topsoil from the previous owners and have taken it from that farm . So therefore , it shouldn ' t even be any of the town boards business because it was an on going business before zoning every went into effect . He didn ' t want to raise any waves so he came down , applied for a variance and had the hearing . There was still not any opposition . I have done everything the way it is supposed to be done . Before the ZBOA would grant me this they wanted to come out there and see what was going on . I had a meeting with the ZBOA memebers and everyone of the members came to the meeting . He took them from one end of the farm to the other end and showed them everything that was going on . He showed them everything that was going on . He showed them what he was doing and maybe I am selling topsoil , but as you know that is wet mucky soil . There are 4 or 5 diversion ditches that cross the farm and I aim cleaning those diversion ditches out . There is probably 16 to 18 inches of black silt that has come into them . It keeps the water table high so the water can ' t go anywhere. This is what I am doing , is extracting the soil to clean out the ditches . As far as making holes in the ground I am not . We intend and unsuccessfully to get the Planning Board together for 2 months in a . row to try to propose a sub- divison there . There is one other area where we have stripped the topsoil out and that is where I plan to put a road . I am telling you what I have done . I have done everything in innocence and have done everything the way that I was told to do it and now you say that I am in the wrong zone . Supv Cotterill - when zoning was first formed there was strong opposition from the residents in the Village of Freeville and Etna to have that classified as a RB zone . Mr Cornelius - I am not going to tell you that I am going to quit selling topsoil tomorrow or 10 years from tomorrow . We intend to extract that topsoil from the diversion ditches . Underneath the topsoil it drops to pure gravel . I can use the gravel to build the roads in the sub- division . As soon as I can build the houses and get them sold the topsoil business will be wiped out . Supv Cotterill - removing topsoil on your land to put it some other place on your land isn ' t a question that we want to talk about . It is what is being sold commercially that becomes a legal question . Atty Perkins - was not sure when it came to the attention to the Town Boards but seems • the board after the appropriate hearings could) after proof has been submitted). _ find that Mr Cornelius topsoil operation is still only an incidental operation and not covered with the intent of the ordinance . After such hearing you might want to find that it is true in commercial nature . Atty Perkins suggested that a committee should meet with. Mr Cornelius to inspect his operation and review his books as it pertains to this operation of sale of topsoil and aggregates to find out whether or not you feel that it comes within that meaning and then make a report to the board . Mr Cornelius is trying to claim that it is a nonconforming use and is not subject to the application of the zoning ordinance . I think under most statues , and I am sure under ours , that a lapse of a period of time of the use destroys it . I don ' t believe that he can show this commercial sale of topsoil off the property since 1967 . One of the things that Mr Cornelius has represented to the board is that in the past the topsoil that he was taking off there he was using in his own operation , when he finished with his septic systems . Certainly that is more of a permitted use without a special permit than the commercial sale . Mr Cornelius - I bought topsoil of the VanDewerts . If I put in a septic system and I told him that I would supply him with a new septic system , the tank , stone , pipe and with topsoil when I am through . I might buy all of the things from different people but it all goes to my business . Atty Perkins - the distinction is when you own the property or if somebody else owns the property . If you are taking it off your property and not selling it to a third party but using it in your own operation that would be to the distinction of the board . Mr Cornelius - I have sold topsoil . for years . I have done everything that everyone has told me to do and I have abided by Sib Stewart all of the way . Supv Cotterill - lets see what we can do to try to solve this problem . The first question we have to have from you is how extensive is it going to be before the topsoil is going to end . You made a statement that you wanted to clean out these ditches , what beyond that ? How long are you talking about , 1 year? Mr Cornelius - there is close to 100 acres . It is by supply and demand , he can ' t sell over 1000 yards out of there in a year unless he is licensed with DEC and he is not taking over 1000 yards out of there in a year . Supv Cotterill - wanted to know if he was just going to clean out the ditches or did he have plans to go to other areas and create more topsoil . That is what he is trying to find out . There was some discussion and the board members decided to meet with Mr Cornelius to look the situation over . TOWN CLERK . • Schedule public hearing for the aged exemption from $ 8 , 000 to $10 , 500 on Feb 8th ZONING OFFICER 5 building permits for the month of December . 1 family dwelling ' 2 additions ; and 2 storage buildings . ZBOA held one hearing for Roger Yonkin for a variance which was denied . ZO Stewart gave the board members his yearly report . DISCUSSION There was some discussion concerning a water leak in Varna Water Dist and as to how to adjust the bill . It was decided that Bolton Point had produced and processed the water so the sewer portion of the bill could be adjusted but not the water portion . RESOLUTION # 44 ADJUSTMENT IN SEWER BILL PORTION BUT NOT WATER PORTION C1m Metzger offered the following resolution and asked for its adoption : RESOLVED , that this Town Board will set a policy of adjusting the sewer portion of a bill with the City of Ithaca in the Varna Water Dist . with no adjustment for the water portion of the bill . 2nd Clm Webb Roll call vote - all voting YES V CORRESPONDENCE SPCA report SPCA meeting on Jan 19th Sewer meeting in , Freeville on Jan 26th at 10 : 30AM Supv Cotterill wanted to know if Atty Perkins had received any communication from American Television regarding the extension ? He had received several requests as to - what was happening with the extension and left it up to the attorney to find out the progress . Atty Perkins - has not received any communication . RESOLUTION # 45 DISBURSE INTEREST IN MCARTHUR FUND Clm Webb offered the following resolution and asked for its adoption : RESOLVED , that the Supv be authorized to disburse the interest in the McArthur Fund to the 2 schoolslin the Town of Dryden in the amount of $145 . 82 to the Dryden Central School and $10 . 98 to George Junior Republic . • 2nd Clm Metzger I Roll call vote - all voting YES RESOLUTION # 46 ANNUAL FINANCIAL REPORT TO STATE COMPTROLLER Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that the Supv be authorized to file a copy of his annual financial report to the State Comptroller with the Town Clerk by March 1 , 1983 in lieu of his annual financial report due February 1 , 1983 . 2nd Clm Metzger Carried RESOLUTION # 47 - FILE RECREATION APPLICATION FOR STATE AID WITH NYS DIVISION FOR YOUTH 1982 Clm Metzger offered the following resolution and asked for its adoption : RESOLVED , that the Town Board authorize the Supv to file the recreation application for State Aid with the NYS Division for Youth for 1982 . 2nd Clm Webb Carried RESOLUTION # 48 TRANSFER FUNDS FROM UNALLOCATED FUND BALANCE TO 8030 . 4 - RESEARCH Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that the Town Board authorize the Supv to transfer $10 , 000 . 00 from Unallocated Fund Balance to 8030 . 4 - Research . 2nd Clm Metzger Roll call vote - all voting YES • RESOLUTION # 49 CHANGES IN SPCA CONTRACT Clm Webb offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize the Supv to make the necessary changes in the contract with the SPCA at their request . 2nd Clm Evans Carried There was some discussion regarding the Cornelius topsoil operation and the board decided to meet with Mr Cornelius on Sat Jan 15th JUSTICE REPORTS - Judge Sweetland - $ 5 , 068 . 00 Judge Newhart - $ 2999 . 00 FINANCIAL REPORTS REVENUES EXPENSES General Fund A $ 51166 . 53 $ 29312 . 53 General Fund B ' 14945 . 54 1723 . 79 Fire Protection . 387 . 63 - 0 - Federal RevenueiSharing ' 32 . 18 - 0 - Highway 18634 . 73 71711 . 49 RESOLUTION # 50 AUDIT HIGHWAY BILLS Clm Webb offered the following resolution and asked for its adoption : RESOLVED , that the highway bills be paid as audited . • 2nd Clm Metzger! Roll call vote - all voting YES RESOLUTION # 51 AUDIT GENERAL FUND BILLS Clm Metzger 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 NEW BUSINESS Schedule public hearing for aged exemption on Feb 8th at 7 : 30PM Adjourned : 9 : 45PM Af Susanne Lloyd v Town Clerk