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HomeMy WebLinkAbout1983-02-08 i to PUBLIC HEARING # 1 AGED EXEMPTION February 8 , 1983 Minutes of public hearing # 1 7 : 30PM Supv Cotterill read the notice that was published in the newspaper concerning an increase in income limitation for the 50 percent tax exemption of real property owned by persons 65 years of age or older , from $ 8 , 000 . 00 to $10 , 500 . 00 . QUESTIONS AND/OR COMMENTS - none Closed public hearing 7 : 35PM PUBLIC HEARING # 2 Daniel Spadolini - Moto- Cross Track , 257 Johnson Rd . • February 8 , 1983 Minutes of public hearing # 2 7 : 45PM Supv Cotterill read the notice that was published in the newspaper concerning the application of Daniel Spadolini , 632 W Buffalo St . , Ithaca , NY to build a building for use of retail sales of bicycles & parts and consession for a bicycle moto-cross track , (No motorized equipment will be permitted , ) at 257 Johnson Rd across from the Dryden Fish & Game Club . QUESTIONS AND/OR COMMENTS Supv Cotterill read a letter from Grover & Shirley Woods and from Mr Andrew Zergenyi both opposing the moto- cross track . Carol Osborn , 400 Irish Settlement Rd was in favor of the moto- cross and would like to see one in the area . Mr Spadolini - there would be port- a -johns during the racing so there would be no sewage problem . Mr Arnold Grace representing George Junior Republic wanted to know what type of controls will be exercised to take care of this parcel to stop the use of motorized bikes and using snowmobiles when the use of bike racing is not taking place . Mr Spadolini - there will be fencing around the track with a locked gate , and there will be no motorized bikes whatsoever . The property is zoned RC residential , commercial . The special permit is for the building only because the track would be a recreational use and would be an allowed use . Douglas Yaw , 353 Johnson Rd , was worried about accidents at the intersection of Yellow Barn Rd and Rt 13 because that has been the site of about 5 in the last 2 years since he has lived there . He would not like to have his children ride there bikes across the highway to get to the moto- cross track . Also , there is an awful lot of traffic there on Sat with people going to the dump and can ' t see the increase traffic going down Johnson Rd . Mr Spadolini - there would be no vehicles in the road , there would be off the road parking available . He has done a lot of research on bicycle moto- cross and has found that it is a very well managed type of sport . C Drost , was worried what would happen to the neighborhood if precautions were not taken with the restrictions that are put on the permit . There was some discussion and Mr Spadolini said that it would all be fenced in and well supervised Mrs Osborn - every track that they have gone to has been well maintained and fenced in so that motorcycles cannot get on the tracks to ruin them . IIIMr Yaw - was wondering about the capability of keeping it locked up during the winter months ? Mr Spadolini - it will be fenced in and he will check on it periodcaily because he has IIIto go by it every day . During the summer months it will be iaell lite and landscaped with picnic areas . Closed public hearing # 2 8 : 10PM TOWN BOARD MEETING FEBRUARY 8 , 1983 Minutes of the Town Board meeting held on Feb 8th Supv Cotterill called the meeting to order at 8 : 10PM Members and guests participated in the Pledge of Allegiance /10 Roll call was by the Town Clerk : Present : Supv Cotterill , Clm Jordan , Clm Metzger Clm Webb , Clm Evans , Atty Perkins and Z . O . Stewart COUNTY BRIEFING • Co Rep Watros reported that they had appointed a county clerk . Also reported that they are going to move somecoffices to the H building near the old hospital . CITIZEN PRIVILEGE OF THE FLOOR Tim Baldwin from Hunt Engineers reported that there was a design meeting held on Jan 26th . The facility plan approval is slated for March 1st , at that point there should be an application for advance money released and you should be seeing some of this money by the middle of March . Since the realignment along the back property line has been changed it has raised some questions and comments from DEC . Mr Baldwin felt that there should be a workshop session scheduled with the board members . There was some discussion and the board decided to meet on Feb 16th at 7 : 00PM ATTORNEY • Atty Perkins reported that the board needs to adopt a resolution regarding the Ithaca Area Wastewater Treatment Plant Project for a Joint Project ratifing and confirming the publication and the notice that has been published in the Ithaca Journal for a public heating to be held by the City of Ithaca . The Board of Public Works on the condemation on certain property owned by Cleveland and Pierce Inc ; located at . Johnson ' s Boatyard on Cayuga Inlet and Pier Road . The hearing must be held not necessarily within the Town of Dryden , Town or City of Ithaca but at a point which is easily accessable for the individuals for the land that is thought to be condemned . The town would be joining in a joint resolution with the Town and City of Ithaca . RESOLUTION # 52 RESOLUTIONS TO BE ADOPTED BY THE '1'OUN OF 1 'Vti ,' CA AND ' 1 ' 1Ii ; TOWN UI ' URYI ) i N Cl.m Metzger offered the following resolution and asked for its adoption : Ithaca Area Wastewater 'Treatment Plant Project= For Joint • Project of Three Municipalities : The City oc -ttV atca , tVW ']'own of Ithaca , and the Town of Dryden . • • Resolution Authorizing Proceedings Pursuant to Eminent 1) cmain Law . t' iiEREAS : • 1 . The law firm of .13uyoucos . , Barney , . Grossman & Roth as Project Counsel ) has been authorized to proceed in Connec- tion with negotiations for the acquisition and / or condemnation o f lands . for the above iiitcrmunicipal sewer project for the City of Ithaca and the Towtts4 of Ithaca and Dryden , and 2 . Project Counsel has advised the municipalities that n egotiations are being actively pursued by the representatives of the municipalities with Pierce and Cleveland , Inc . , owners o f the lands in the City of Ithaca" on which is located Johnson ' s Boatyard on Cayuga Inlet and Pier Road , for the acquisition by agreement of a permanent easement for an underground outfall pipe leading northerly from the proposed new sewer plant first across Cascadilla Creek and , then across Johnson ' s Boatyard and ultimately to Cayuga Lake , and for a temporary easement required to perform work , in connection with said easement , all as more particularly shown on a survey snap entitled " Outfall Easement - Johnson ' s Marina " made by the Office of the City Engineer , file number E3274 -- 8 , approved 1982 , revised January 18 , 1S83 and also shown on engineering plans on file in the City . . i} zajrle-ers. Office , and . _._ . / jr I ! ! 3 . Project Counsel advises Ube municipalities that they must also take whatever step:; are required by the Eminent Domain Law of the State of New York for the purpose of acquiring all interests and land required for the above public project , and 9 . The Board of Public Works will hold n public hearing in accordance with and for Lhe purposes ; Qt: forth in the provisions of Article 2 of Ulu Eminent Domain haw ( EDL ) on February :.' 3 , 1983 , at 4 : 00 p . m . in the Crmmon Council Chambers , 108 East Green Street , Ithaca , New York :.tnCt that notice of such public hearing shall be pubii. siaed by the City Clerk of Ithaca , which public hearing shall be conducted by the Board of Public Works in behalf of the City of Ithaca and - the Towns of Ithaca - and Dryden , the pa .rtipating municipalities in the intermunicipal sewer project and shall. make all determinations and findings required by Article 2 of t •: i.al , and forthwith publish a brief synopsis as required by such article , and 5 . The Board of Public Works at a regular meeting thereof held on June 27 , 1983 adopted a . resolution incorporating • Ill substantially the above matLer. s , - • IT IS . RESOLVED AS FOLLOUS : • 1 . The Towns of Ithaca and Dryden , respectively , confirm the above actions taken by the Board of public Works regardiny the acquisition pf easements as way be required for the purpose of the above project , and more specifically , the holding of a public hearing as required by the Eminent . D.omain .. Law , and 2 . Project Counsel is authorized to proceed and take . . , whatever action is required . in connection with the above public hearing and proceedings subsequent thereto including authorization to proceed 4wit. h further condemnation proceedings for the acquisition of the easement herein above described and for the acquisition of any other interests - in land , which may be required • for the above project. , if and . . when such proceedings may be required and upon . consultation with the participating municipalities or their duly designated agent or agency with whom Project Counsel may consult . . 3 . By adopting this resolution and. holding the . hearing , the ' . municipalities do not waive their right to assert . that they are exempt from holding the . hearing pursuant to the provisions of. Section 206 , Eminent Domain Law by virtue of any previous hearing or hea. rings. . held or. conducted . . . ,. 4 . This resolution is in addition to and not in any limitation of any previous authority granted by the municipality cc1opting this resolution ..authorizing the municipalities to take all steps , proceedings , .Lllcludiny actions and lawsuits , which may be required under the provisions of the Eminent Domain Law , in order to acquire all necessary easements for the above project . • S . The municipality adopting this resolution hereby all adopts and confirms the publication of the notice of hc. • r i ng as stated above . 2nd Clm Jordan Roll call. vote - Supervisor Cotterill YES Councilman Jordan YES Councilman Metzger YES • Councilman Evans YES Councilman Webb YES Atty Perkins regarding Cortland Rd Sewer Dist - any contractor that the Town Board had hired or who we had a contract with had at least the same kind of insurance as the Town of Dryden . Also , to make sure that there was a provision in the contract , that in the event that the contractor becomes insolvent , bankrupt , or fails to complete the project , or fails to follow any engineers direction will be given 10 days notice and . if not completed then , the contract is terminated and the town is authorized to fulfill the contract by any appropriate contractor which will allow us to finishTup the project . Also, reported on the procedure for payment of school taxes in installments . The school district passes a resolution asking the county to adopt a local law authorizing the payment of school taxes in installments . Each of the counties in the school district must adopt the local law before it can be done . Once the counties have done that , - then the school is authorized to collect the taxes in installments and up to 6 are allowed . The school tax collector can also be the Receiver of Taxes for the town . There was some discussion about the divided cost for the surveying on Snyder Hill Court and the board decided that the best way would be to divide the surveyors cost 3 ways as- it was- in the beginning , between Mr . Lutton , Mr Hunt and the town . Clm Evans - Mr Hunt had mentioned to him ' that the town board had missed two minor points in the resolution and wanted to make sure that it was correct . 1 - the deeding back that part of the circle . that should belong to Mr Hunt and also a small portion that belongs to Mr Kraft . Since there has to be additional surveying work done on Snyder Hill Court , the town will pick up the additional expense to get this• straightened out , but charge Mr Lutton and Mr Hunt the amount for the original survey that 'was done . RESOLUTION # 53 SNYDER BILL ' COURT - John Hunt Clm Evans offered the following resolution and asked for its adoption : • RESOLVED , that the Town of Dryden negotiate with Mr John Hunt for the 30 foot strip of land on the northwest corner of Snyder Hill Court to the stake at the center of the road , where the Lutton property ends, and that the town bill Mr John Hunt the same amount that they have billed Mr Charles Lutton for the original survey ,. The town will trade land with. Mr John Hunt upon his payment for the survey and the town will convey to him the semi - circle part on the - east part of his property and west part right Of way upon his conveya.nde to us the 30 foot . paved strip ; , AND BE IT FURTHER RESOLVED ,, that. at no cost the town will . transfer. the small amount of land to Mr Kraft . 2nd Clm Jordan Roll call vote - all voting YES Clm Evans reported that they had looked over the Cornelius operation and decided that it was restricted removal of topsoil for planned roads and waterways . It is an attempt to! develop his land , therefore , it is not a restriction of the zoning ordinance . IRESOLUTION # 54 TRANSFER FUNDS FROM 1111 . 20 EQUIPMENT TO 1111 . 40 ' CONTRACTUAL ' JUSTICE SWEETLAND Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize the Supv to transfer $ 147 .26 from 1111 .20 • equipment to 1111 . 40 contractual Justice Sweetland . 2nd Clm Metzger Roll call vote - all voting YES • 1 . / i3 CORRESPONDENCE SPCA report Ambulance report Justice Reports Judge Sweetland - $ 5 , 615 . 00 Judge Newhart - $1 , 628 . 00 FINANCIAL REPORTS REVENUES EXPENSES General Fund A . $ 1542 . 66 $ 48780 . 40 General Fund B 4006 . 65 1121 . 61 Fire Protection District 145298 . 18 5436 . 11 Federal Revenue Sharing : 15513 . 95 66 . 00 1 Highway 159660 . 80 44638 . 34 RESOLUTION # 55 AUDIT GENERAL FUND BILLS Clm Evans 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 # 56 AUDIT HIGHWAY BILLS Clm Jordan '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 # 57 GRANT SPECIAL PERMIT - Daniel Spadolini Clm Metzger offered the following resolution and asked for its adoption : RESOLVED , that the Town Board grant a special permit to operate a retail sales operation for a food concession and for the retail sale of bicycles , bicycle parts and repair of them at 257 Johnson Rd , Freeville , NY . The special permit is granted with the following conditions : 1 - there will be no sale or repair of motorized equipment of any nature ; 2- the retail sale will be limited to bicycles and bicycle parts only and the repiar of them ; 3 - the hours of operation for the retail sales and repair shall be limited from 8 : 00A1% to 6 : 00PM daily . . (Including food concession ) ; 4- the retail sale at a food concession is subject to obtaining all of the necessary permits from other regulatory agencies and departments , including but not limited to Health Department permits for food service and septic , if required ; 5- this permit is limited to Mr Daniel Spadolini and is not transferable by sale or lease . Also , it is the board ' s understanding that Mr Spadolini will install a fence around the track . 2nd Clm Evans Carried a RESOLUTION # 58 AGED EXEMPTION Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board of the Town of Dryden increase the income limitation from $ 8 , 000 . 00 to $10 , 500 . 00 for 50 percent tax exemption for real property owned by persons 65 years of age or older . 2nd Clm Metzger Roll call vote - all voting YES Adjourned : 9 : 00PM Susanne Lloyd Town Clerk .