No preview available
HomeMy WebLinkAbout1986-09-09 L ller . aI-JJ�S �� f' . , TOWN BOARD MEETING , _ Ae , a,n•I: 'at, n, h .r , SEPTEMBER 9 , 1986 rein 7- .; 4-4 ;f17."0 ,7';a'1 : :• -- • .<, t t .� rh :.:` Minutes ' of the board meeting held Sept 9th 5 .'} •' f iCS 1t ,, 4 Su v Cotterill called the meeting ; to order at 7 : 15PM . r y'; Memb;ers ..and guests participated in ` the Pledge of Allegiance to ��4i t�kttjp/' ;Roll call was _ by _ the Town Clerk : Present : , Supv • Cotterill , Clm Evans , Clm Webb , C"Fat tyit' �y, . Clm Schlecht ,. Atty Perkins , and ZO Stewart ,yyy, .� �,{:Y ' - Absent : Clm Garlock 'T, T>Jr4T" ; A� •'SAS; - - • _ , � : (. t Supt/ Cotterill • appointed' Clm Evans to audit . the highway fund bills lc ' Approval of the minutes ., Motion was made by Clm Schlecht and seconded by , Clm I ' ,v * Ain,,,, Webb`• that the -minutes of the .August 12th board meeting be approved as submitted . ` 17 i e ��� y uY - 1 i ' � S _ . .. Yti44 j -- PUBLIC HEARING 4 J : - _, SEPTEMBER - 9 ; - 1986 - - ° TOT OF DRYDEN = CEMETERY ORDINANCE : . . Supy Cotterili 'read the notice that was published in the newspaper to consider „ the _ pcopose.d Town of Dryden Ordinance to be known as the Towne of Dryden Cemetery Ord npncee . r, • g; QUESTIONS., AND/ OR COMMENTS - 1� ; { hp{ AttyPerkins this proposed ordinance is a suggested form patterned after the 1A -,mYork State Dept of Commission on Cemeteries . This is to prevent backyard ': �,� ;A .urials . As it stands now Towns are expected by the public to maintain them , i a ; ;- sand there is no obligation for the Town to maintain these . This proposed . t - 4or.dinance clarifies and setsforth a procedure when someone wants to establish ps , f 4 `5a cemetery to comply with the Town Ordinance . A certain amount of money would wv- ; 4have to be deposited to provide for a. perpetual care fund in order to provide f enough income on an annual basis to care for the cemetery. Closed public hearing 7 : 35PM , ,, . i RESOLUTION # 144 TOWN OF DRYDEN CEMETERY ORDINANCE i : l. 0.:;', ,,, . ( ; i ;tii'C1mWebb offered the following resolution and asked for its adoption : .i 1 WRE? S , Town Law Section 291 exempts Towns from maintaining private cemeteries and family burial grounds , and WHEREAS , the number of private and family cemeteries is growing and becoming g a concern to Town s who are mi stakenly expected by the public to preserve and maintain than when adequate and appropriate funds for perpetual maintenance of such grounds have not been set aside for such purposes , and WHEREAS , the establishment of private cemeteries and family burial grounds on private property . may create clouds to title Of lands creating difficulties in their transfer , , NOW, Ti BEFORE , it is hereby resolved and ordained by the Town Board of the Town of Dryden as follows : _ , _ TOt OF DRYDEN CEMETERY ORDINANCE t4 ` it 1 . This ordinance shall apply to that area of the Town of Dryden which is outside of the limits of the Villages of Dryden and Freeville . y r , 'ill 1 Y . fi9 ' - + t tr 1 ° •i ?i t Y ■ rt, . it �9. •) :!,' ,41! C+:a:G; at , .I • : i. �.` t:; f trj. I; },E,t j' ' ,:. 1 ^ T tvjw, ' tt ^• m,i. 1 ..k ,^r r ; , r , '-. " yg .. .. .m w r W . 4t #t r...t;'! t . , ._:.:--•---•" - r_( ._ .e ,4 _ . - _ _ • 2 . This ordinance shall not apply to any burial g round or cemetery that - is - - subject to the provisions of any state law regulating the same such as the • Religious Corporations Law , Executive. Law , Not - for- Profit Corporation Law or Public H ealth Law . - • 3 . No person . shall cause the remains of a ,human being to be buried , or establish a burial ground for such purpose in the Town of Dryden in any g round not set apart and recognized as a municipal , ✓ eligious or not - for - profit corporation cemetery without first complying with the provisions of this O rdinance . 4 . A place for the burial of human remains may o nly be established upon filing with the Town Board an appli cat ion for approval - of such use and upon deposit ing with a recogni zed bank adequate and appropriate funds for the perpetual maintenance of said grounds . . 5 . • The Town Board shall adopt rules and ✓ egulat ions consistent with the provisions aof this O rdinance and which address the form of the application , information to be required on the application , the amount of deposit to insure perpetual care of the place . for the burial of huma n ✓ emains , the place where said deposits shall be maintained , the records to be maintained , the frequency and content of reports to the Town Board and such other information as will help the Town. Board monitor the provisions and intent of the O rdinance . . . 6 . This ordinance shall take effect after adoption and upon . publication and posting as required by law . • Seconded: Councilman Evans . The question of the adoption of the foregoing resolution was duly put to a vote on roll call , which resulted as follows : Clinton E . Cotterill voting yes George Schlecht vot ing yes - Merton Webb vot ing yes . Charles Evans vot ing yes . . The resolution was thereupon declared duly adopted . J ':, • �_ •CITIZEN PRIVILEGE OF THE FLOOR . . ' l tGinad� P,rentis 's "' and _Larry Wel"don requested ested to be considered in ' this years budget 31 ' ,<M' ifor thetDryden Historical ' Society: ' They gave ' the Board a copy of their budget F• s44,for;,, ,income ands expenses „,and .a copy . rof . their : financial ' standings . . Their time i• and ,4energy isk:alha volunteer .; Since they are established in the Town and are °rAtcha;rttered by .the Stater-of New• York' . they. are lookinOfor some financial help with : t'he * prod ects which will benefit the Town of, Dryden . The project they are '. . t ,. > 4working on' now is •the+ barn survey ;of old barns within the. Town . They would like to `<rep�rirynt a liook tttitled Del' glit`fu1. : Dryden 1953 . Also they would like to print ti:' ''' ' ' ; `t s f `A ;, Sri t e9 A3 . ' . . - ' ; oldr. otcards3w2tli:pictures of °old , • buildings and scenes. within the Town to be $ ram' :nrsol-d at .cost ?to the public . ,, ,`They are basically looking for support from the Town . mAwck , ,They4 also;wanted fthe Board to know' that they were in no way competing with the * , .• ; Toth Htstorfai who'•: is :funded by: �. the' Town . The programs are more public oriented n :CI• andgtlie, a rch vies' :'are, ,:ava± t”bief:.ito all of the residents of the Town . They do receive 41'1:; • :i on±trr4iibutions from the N'VFW b ngo'' fund , membership dues . and have received a small tv}' E s 1 t'4R '+t 't• ' a Y"z P; + �= r� Y;t grant from the Tompklns,. ` County , Arts Council . They have been organized now for 5 years . �� .� ,.R do e �'� -, <-4:-,;,? n t . r_ , - e - P v5 r ;:) •iy s ' a s 't''V t < 0, s3 y u o f v 4 .. ''}} r r n- . V1,10 s r} IY:Pf K t t 'k5i 1 d t _ , A ; ..l`� �' .? ' n y'Y . y mow, t f '4 r t b` t e t c r 't r. r i c 1 r P +t r + ..9 i a. ,3' S. aaa f : '. 'f, �3= 1 � f,S 46Y ti �• �„i aP 1 tQG a 1; y t :. 4 •J ; '( .11'(p S. t{ „ 3^ v t tm � + u as .�,� r'�p•�.�y+�r �b '"Ya„� .3 £ ` �� • � s > P1', _ a y a std 191j:�[ :441.-1- * . &1 • o- .�g11 q ` t t• fn "� I: • .� is d ' 'i ri S + f'.yt 3C N ' 4-4-0-o. F t ,e t ;cc,. .4141 t a a y rJ""'.ri.. tic 4 %ri:. 41 f' %4..9 r sr ,& sy'3? C�y a' It-Gj� '*s A' .Y � +� ' f fi.. M ts].t ' ,h r},�,� Wrsr:5 s v` + �!+� � t..i!r 'rjr 4 'S. . "-t- � t It 15.'�+w s•.!R.-P{SF" c ..t^ A+..' 3 C-kc4 �4 },yH 4 A3-0 •a T +x l:` j7<bet'ti `.a 'ti %'.'. wr.• .•T 'y� t t 1 .ff it e t f":41 .,. ..y idifi Rt ,q £ < 1.: , - I' if 3 '4 . • ..�� �i>. . -.. . .4A4} .�e- . .:�5' z. .� .,'�.. a. , . , s'StFr• >.. _. ur5.- ' • �� .. -_"t� :}"�•> �c?wv. �s! k. , .> .tk� . r •3 Y�. �' H3lvt h . . . There was considerable discussion regarding the Karel Westerling and Patricia Haugen application for a mobile home park on West Dryden Rd . RESOLUTION # 145 REFER APPLICATION TO PLANNING BOARD • Karel Westerling & Patricia Haugen Mobile Home Park on Weat Dr)den Rd Clm Schlecht offered the following resolution and asked for its adoption : RESOLVED , that this Town Board has reviewed the application for the special permit of Karel Westerling and Patricia Haugen for a mobile home park on West Dryden Road and are referring the application to the Planning Board for their . recommendation with the condition that _ the proposed agreement shall be worked out toy°the satisfaction of the Planning Board , Town Board , Town Attorney and the developer . 2nd Clm Webb Roll call vote - Clm Schlecht Yes Clm Webb Yes Supv Cotterill Yes Clm Evans Abstained Donald Willemsen gave Atty Perkins the petition regarding the Snyder Hill water dist , They have one signature left to get . The people are out of town , but they do have a verbal committment . Mr Willemsen wanted to make sure that all of the signatures are there that are needed . COUNCILMAN PRIVILEGE OF THE FLOOR Clm Evans - would talk with Hwy Supt Gilbert about a request for a guide rail on Snyder Hill Rd . Clm Webb - would like to have a moratorium put on trailers on individual lots and mobile home parks . There was some discussion and the Town Board decided to have Atty Perkins draft an amendment with regard to a moratorium on mobile homes . RESOLUTION # 146 MORATORIUM FOR MOBILE HOMES AND MOBILE HOME PARKS C1m Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board amend the zoning ordinance to allow mobile home parka in the future only on municipal water and sewer and all mobile homes in the Town to be in mobile home parks . 2nd Clm Webb Roll call vote - all voting YES . ATTORNEY Atty Perkins - received a letter from Lehigh Valley Railroad wanting to know if the Town wanted to pay the railroad for the release of some mineral rights which were .. reserved to the railroad at the time that the Town bought the land . It is the section of railroad track between the centerline of West Lake Rd and the line. south. of the Village of Dryden . The deed specifcally accepted and reserved to the Lehigh Valley Railroad all oil , gas or mineral rights located - underneath.. the railroad strip , but not including the right - to include drill , mine or explore there , The Town Board decided not to take any action . Atty Perkins - has gone through the zoning ordinance to find those areas where there are perhaps a low ;fee or there is a:.i.need to add language to the ordinance for the applicant to bear the cost for a special engineering service . So far , the.re : is the mobile home - park , subdivision , Site Plan Review Board. .' Review , gravel pit requirements , Planned unit development and applications for a special permit for a variance , You should also consider the level of fines that are now in the ordinance , since they are quite modest ., . : foa_ can give the court more discreation for - a civil penalty to be assessed for any zoning violation . Supv Cotterill appointed Clm Schlecht : to work with Atty Perkins with regard to updating the fees that are now in the zoning ordinance . . TOWN CLERK: RESOLUTION # 147 AUTHORIZE THE TOWN CLERK TO ATTEND CONFERENCE • - Clm Evans offered the following resolution and asked for .. its adoption : RESOLVED , that this Town • Board authorize Town Clerk Lloyd to attend a conference Vita12)rRecords , (marriage and death certificates ) 2nd Clm Webb Roll call vote - all voting YES 2 o 076. 6 ZONING OFFICER � . ` 11 building permits for the month of August 5 one family dwellings ; 2 additions ; 1 pavilion;. rental storage building and . 2 swimming pools . ZBOA held 2 hearings Comerford fora storage and sales building at Hansh'aw Rd and Etna Rd this was ? granted 2- Emery Guest fora doubleiaide " mobile home in a RB one on German Cross and' this was granted . - �rr . . CORRE-SPONDENCE TT� � t,;0 Ambulance report . ' '.. `. .Monthly dog report • . . . "; 5. HIGHLJAY t _ ' ' Equ pmerit inventory • .. . . . . . . . . • . . . . . , . L RESOLUTION # 148 ACCEPT • BID • FOR 1974 ' DODGE : 1 ' TONTRUCK Clin Schiecht offered the following resolution and asked . for its adoption : ' - : RESOLVED , that this Town Board authorize the Hwy Supt to accept the high bid Of $ 1 , 201 . 50 from :William Schultz for one 1974 Dodge 1 ton "truck . ° ' 2nd : eim Webb • Roll call vote - all voting YES v, i . RESOLUTION # 149 ACCEPT BID FOR 1954 CAT ' 12 GRADER Clm `Sthlecht Offered the following resolution and asked for its adoption : R.ESOLUED , that this Town Board authorize the Hwy Supt to accept the high bid of -,*:—. '$ 3 , 625 , 0O . from Cayuga Leasing for one 1954 Cat 12 grader . 2n1LClm Webb Roll call vote - all voting YES RESOLUTION # 150 . TRANSFER FUNDS . . FROM CONTINGENCY A1990 . 40 TO ' COMPUTER ' MAINTENANCE ' A1620 : 481 Clm Evans offered the following resolution and asked for its adoption : 'RESOLVED , that this Town Board authorize the Supv to transfer $ 1 , 200 . 00 from contingencyAl990 . 40 to computer maintenance A1620 . 481 for hardware maintenance . agreement . . : 2nd Clm Webb Roll call vote - all voting YES RESOLUTION # .15.1 TRANSFER . FUNDS _ _ FROM . CONTINGENCY A1990 . 40 TO RESEARCH A8030 : 4 elm Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize the Supv to . transfer $ 1 , 433 . 00 from contingency A1990 . 40 to research A8030 . 4 for water / sewer study and tests . ' 2nd Clm Schlecht Roll call vote - all voting YES tart._. .�.:�ir.[ ..nuv.e w`:+�rek.::..1 - _:_Z_i,.:_.it: ._ tiv ' .. •". . .. .�Yw'�.._"A1...=K: . . .. _ rr-c,._.. ,,.a e.............r.w:,.-..>ti..... n:i . ws°*r>- ..._..� - __ ." .. RESOLUTION # 152 DESIGNATION OF SEASONAL LIMITED USE HIGHWAYS Clm Webb offered the following resolution and asked for its adoption : RESOLVED , that this Town Board accept the following list of seasonal limited use highway from the highway superintendent , and the list is on file with the Town Clerk , I , DonaldvG lbert . ; . :: Town Highway Superintendent of the Town of Dryden , hereby designate pursuant to Highway Law Section 205 - a , the following 9 highways as seasonal limited use highways : 1 . Red Man Run - entire . 2 . Canaan Road - from Red Man Run to Star Stanton Hill Road 3 . Red Mill Road - from ' Red Mill Rd . north to West Malloryville tai . 4 . Hammond Hill Road - from ' CaMp Fire camp south to Town of Caroline line . 5 . Hite School Road - from Ed Hill Rd . west to within 500 ' of Route 38 6 . Wood Road -. 5Q0 ' from West ' Dryden Rd . north to within 1500 ' of Bone Plain Rd . 7 . ' Mineah Road - NYSE&G power lines south to within 300 ' of Pleasant Hollow Rd intersection . 8 . Yellow- Barn Road - from Dusenberry Sports Club north to within 2500 ' of • . Foothill Rd . 9 , Signal Towe,r• •.Road - entire 10 , Star .Stanton Hill Road - from Route 38 west for 3000 ' . 11 , Beam Will Road from Tax map # 50-1 -44 north to within 200 ' of Tax map # 50- 1 -18 . 3 2nd Clm Evans Carried f , �?. ..-,-d.! ;:, '�4! # ?&ti.^.:h-$t!1 i v',"r:8=.(v: '4."�=..-'«'.:, x ..t t:.• ., '1'."�....". -. .' . .. , , .... . . _.44a+<-=,. _ . 7"="7"7- ., . t'-s.c.. ,16 • )4g0: f6 .!• , • , F ,-., a . . � War• ' [k { 7 • , 6E . nt( ? u IfC t"' p41. Cwb L > > > .. � re !xt w vy Irr -Y1a 'Yiti! r �. &4.t' }Y�>_� �`#jrit > r,'nl , fir •- . . .• atx gq�h''..t�e- t4 M/ Y "M.s yy > .1i+21� i.tHirl's• A � C rt ` r 1 y .err a r ��°.�ti.''� '3. .; �er'rh.>� . {�A 'f,. . �.?7a � � ... k`} . F. . i;:'�" /i�. �{c.��: N .�, a a 7 RESOLUTION 1{ 153 RULE ' XIX LEAVE OF ' ABSENCE Clm Schlecht offered the following resolution and asked for its adoption : RESOLVED , that this Town Board accept Rule XIX Leave of Absence as the Town Policy, effective September 9 , 1986 . 1 . A leave of absence without pay; not to exceed one year , may be granted to a permanent employee by an appointing officer . Notice of such leave of absence shall be given to the commissioner . Where a leave of absence without pay has been granted for a period which aggregates one year , a further leave of absence without pay - shall not be granted unless the employee returns to his position and serves continuously therein for three months immediately preceding the subsequent leave of absence . Notice of such subsequent leave of absence shall also be given to the commissioner . Absence on leave for more than one year shall be deemed the equivalent of a resignation from the service upon the date of commencement of such absence , except as provided in subdivision 2 ) of this rule . . 2 ,. ., . Aleave of absence without pay , may be granted to a provisional . employee with one year ' s continuous service who has requested time • off , due to pregnancy, from a position where the exam for that position has not been made available since the employee ' s appointment , or where the exam has been given but the eligible list has not been established . The employee will be granted the . right to. . be. rehired in the same . title in the same department , . provided the position is still in existence and no one else has been appointed from an eligible list . Such leave - of absence shall be made at the employees request , up to a maximum of six months , subject to renewal for another six months for reasons considered satisfactory to the Commissioner of Personnel . e , 3 . o In an exceptional case , the commissioner may for good cause shown waive the provisions of - this rule to permit an extension of the leave of absence for an additional one-year period . In no case may such leave of absence exceed in aggregate two years from the date of commencement of such. °leave . 4 , A leave. of absence without pay , not to exceed four years , shall be granted by an appointing officer to an employee who . is a veteran of the Armed Forces of the United States , providing such leave of absence. is. for thepurpose: l.of taking courses under the educational benefits provided .for in Title 38 , United States Code or under a New York State Baord of Regents War Service Scholarship , Education Law , Section 614 , An employee taking such a leave shall be reinstated to his position , provided he makes application for such reinstatement within sixty days after the termination of his • courses of study . Financial report given to Board members Justice report - $ 4702000 RESOLUTION # 154 AUDIT GENERAL FUND BILLS Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that the : * g'eneral fund bills be paid as audited . 2nd Clm Schlecht Roll call vote - all voting Yes 'RESOLUTION ' ¢x '155 ' AUDIT ' HIGHWAY FUND BILLS Clm Schlecht offered the following resolution and asked for its adoption : RESOLVED , that the highway fund bills be paid as audited . 2nd Clm Evans Roll call vote - all voting Yes Adjourned : 9 : 00PM ' Susanne Lloyd Town Clerk • Lae SPECIAL MEETING September 30 , 1986 Public Heating - Darrell Rademacher — Storage Buildings Minutes of the special meeting held Sept 30th . . Supv Cotterill _called the meeting to order at 7 : OOPM _ . Present : Supv Cotterill , Clm Webb ," Cim Evans , Clm Garlock , Clm Schlecht ; Atty Perkins and Z . O ., Stewart Supv Cotterill read the notice that was published in the ' newspaper to consider the appl-idation * of Darrell Rademacher for a special permit to construct three additional Rent-A- Space buildings on his property at the corner of Rt 13 and Yellow Barn Rd . QUESTIONS ' AND / OR ' COMMENTS ' Letter from Frank Liguori , Commissioner of Planning _stating . that the . application would have no impact and . the Town Board is free to act without prejudice . Paul Costantine , 33 Yellow Barn Rd - his question is that Mr Rademacher has four signs on the existing property and according to the sign ordinance only two are allowed and thought that this was a zoning violation . There was some discussion and Z . O . Stewart has spoken with Mr Rademacher to -make the corrections to come into compliance . Mr Costantine -• there also is personal property being stored .outside of the building and again this is a zoning violation . • Mr Rademacher - the trailer outside now does not ' belong to him and he is trying to find out who the owner is . Mr .Costantine - wanted to make a comment . that there is residential housing there and. more and more houses are being built .. He felt that no more commercial business should be allowed in that location because it will have an impact on the neighborhood . Also at the last hearing the fence was to be there for security: purposes and he has yet to see the gate closed in the last 2 years . He wanted to know- if the special permit was granted would there be ' a fence installed around the 3 additional buildings ? . Mr Rademacher - yes , there would be a fence around the buildings for security purposes and he plans on installing an electric gate . . . Cim Evans - 'wanted to know when the electric gate would be installed and if the permit was granted with. a time limit for the gate would there be a problem? Mr Rademacher - he hoped to have the gate installed this fall and he would not have a problem with. the time limit for the gate . Clm Schlecht - wanted to know if there was any reason why _the sign needed to be on the corner . of the building. . _ . Mr 'Rademacher no , he ' could move it. .to - anyJocation on the building with ' no • problem . Cim Schlecht °- with most special permits that have been granted .where a commercial . property is close to a residential location they have required some type of screening such as shrubbery and felt that this would be a reasonable request . Don Ordway , 30 Yellow Barn Rd - felt that it would be nice to agree constructively to make the place more attractive . The fence is there for security reasons and wondered ' if something could be done economically to make it more . attractive , so there is not a controversy between the residents living there . It would be nice to set an example as to how commercial could :b e next to a residential area . and can . co-exist . - Mr Costantine - wanted to know if the special permit was granted would the first permit be voided? - Also if • the second permit is granted he would like to see the same restrictions, put on the second permit . that are on the first one . - Supv Cotterill the - first permit is a seperate application and cannot be changed . Closed public hearing : 7 : 35PM Susanne Lloyd Town Clerk