HomeMy WebLinkAbout1989-07-11 pld
TOWN BOARD MEETING
JULY 11 , 1989
S upv Schug 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 Schug , Clm Hatfield , Clm Garlock , Clw Walbridge
and Atty Perkins
Absent : Clm Evans and Z . O . Slater
S upv Schug appointed Clw Walbridge to audit the general fund
bills
CITIZEN PRIVILEGE OF THE FLOOR
D avid Weinstein -- was concerned about the development that is
going on behind Charles Shew on Dryden Rd . He has been told that
there has been no subdivision approval and wanted to know if the
Town Board was taking any action on this . He is concerned about
the erosion and the way this is being handled .
S upv Schug - this was brought up at the last meeting and this has
been checked out by the Zoning Officer . All that he has been
d oing was cut down some trees and move some dirt . There has been
n o construction as the present time .
David Weinstein - the concern is that the road was built so steep
u p the hill with no provision for runoff . The dirt that has been
moved can potentially run dawn the hill .
Judge Lloyd - wanted the Town Board aware that the Town held a
jury trial for a change of venue from Judge Barrett for the Town
o f Danby . This will cost the Town of Dryden in the neighborhood
o f $ 1 , 000 . 00 and wondered when all of the expenses are in if it
w as legal for the Town of Dryden to bill the Town of Danby for
the expense incurred .
Ted Marchell ° wanted to know the status of the relocation of
Hall Woad Rd ? .
S upv Schug - the State has agreed to install a traffic light at
Rt 13 and Rt 366 if the Town relocates Hall Woad Rd . The Town
w ill have to wait for the state surveyor and state prints . The
Town does plan to do somethings ahead of time . There will be
h earings with regard to this before anything is done .
S upv Schug - there will be a report in August from the
archeologist study for the Dryden Lake Recreation area .
RESOLUTION NO . 178 ( 1989 )
Councilman . Hatfield : ' offered the following
resolution and asked for its adoption :
RESOLVED , that pursuant to Section 6 - c of the General
Municipal Law , as amended , this Town Board does hereby
establish a Capital . Reserve Fund to finance the cost of the
construction of an addition to and the reconstruction of the
Town Hall at 65 East Main Street , Dryden , New York .
It is the intent of this Board to accumulate part of
the cost of such construction and reconstruction , the
maximum the of which is estimated to be $ 300 , 000 . 00 .
The Town Supervisor is hereby directed to deposit
moneys of this reserve fund in a separate hank account to be
known as the " Town Hall Capital Reserve Fund " .
The Town Supervisor is authorized to invest , from time
to time , the moneys of this fund pursuant to Section 6 - f of
the General Muncipal Law .
No expenditure shall be made except upon authorization
of this .Board .
FURTHER RESOLVED , that this resolution is subject to e
permissive referendum as provided in Article 7 of the Town
Laws
Seconded Councilman Garlock
Roll_ call vote — all voting Yes
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RESOLUTION DATED July 11 , 19 8 9 , # 176
Cim Garlock offered the following and asked for its adoption :
A RESOLUTION APPROPRIATING THE SUM OF $ 20 , 000 TO PAY
ADDITIONAL COSTS OF PREPARING A GENERAL MAP , PLAN AND
REPORT FOR PROVIDING THE ORIGINAL FACILITIES , IMPROVEMENTS
OR SERVICES FOR A PUBLIC . WATER SYSTEM IN A PROPOSED WATER
DISTRICT TO BE KNOWN AS YELLOW BARN WATER DISTRICT OF THE
TOWN lot DRYDEN .
WHEREAS , there are certain areas currently served by
private water supplies , which areas are within the area
hereinafter described and which have experienced difficulties
with both the source of the water supply and the distribution
system , including poor water pressure and inadequate quantity
o f water , and
WHEREAS , numerous residents of said area hereinafter
described have requested that the Town : of Dryden prepare a
study of the possible provision of a public water system , and
WHEREAS , the Yellow Barn Water Company , a private water
supply and distribution company serving certain areas within
the area hereinafter described , supports the introduction and
e stablishment of a public , water system ; and
WHEREAS ; it is in the best interests of the residents ,
businesses and the owners of the property in the area
hereinafter described to have a public water system ; and
WHEREAS . the Town Board has previously appropriated the sum
o f $ 10 , 000 to pay the cost of the preparation of a general map ,
plan and report for providing the original facilities ,
improvements , or services for a public water system within the
area hereinafter described ; and
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WHEREAS , it now appears that in order to complete said
general map , plan and report an additional $ 20 , 000 must be
e xpended therefor ;
NOW , T'HEREF'ORE , BE IT RESOLVED BY THE TOWN BOARD OF THE
TOWN OF DRYDEN AS FOLLOWS :
Section 1 . This resolution is made pursuant to Town Law
S ection 209 -b . •
Section 2 . The Town Board hereby appropriates the sum of
$ 20 , 000 . O0 to pay for additional costs of preparing a general
map . plan and report for providing the original facilities ,
improvements , or services for a public water system within the
area hereinafter described . .
Section S . Such general map , plan and report shall conform
w ith the requirements of Town Law Section 209 -- c .
Section 4 . Such general map , plan and report shall be
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prepared by George Schlecht , P . E , of Dryden , New York .
Section S . The area to be encompassed by such general map ,
plan and report shall be bounded and described as set forth in
Schedule A attached hereto and made a part hereof .
ection 6 . The Town Clerk is hereby authorized and
directed to cause a copy of this resolution to be published
once in the Ithaca Journal , the official newspaper of said Town
w ithin ten days of the date hereof , and said 'Town Clerk shall
also cause a copy thereof to be posted on the signboard of the
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Town maintained pursuant to subdivision 6 of Section 30 of the
Town Law w'ithin ten days of the date hereof .
Section 7 , This resolution is adopted subject to
permissive referendum pursuant to Article 7 of the Town Law .
2nd Clm Hatfield Roll call vote all voting Yes
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ATTORNEY
Atty Perkins - there has been a request from a firm in Ira , to
appoint an individual as an electrical, inspector . Under the
provisions of Local Law # 3 - 1981 the Town Board by resolution may
appoint qualified individuals as electrical inspectors for the
Town in pursuant of the enforcement of the electrical code . He
has written to the firm it Pa stating that they will have to
submit a resume or a statement of qualifications of the
individuals for the Town to consider appointing him as a
q ualified inspector . He has not received the statement of
q ualifications as of this board meeting . At such time he will
mail copies of the resume to the Board members for their review .
RESOLUTION 4176 APPROPRIATE ADDITIONAL_ COSTS
FOR YELLOW BARN WATER DIST .
Clm Garlock offered the following resolution and asked for its
adoptions ( copy in minute book )
2nd Clm Hatfield Roll call vote - all voting Yes
Atty Perkins - request from all contractors that Monkey Run Water
Et Sewer Dist . to execute certificates of substantial completion .
Therefore , contracts A , B , C and D have been substantially
completed except for certain. specified areas which the engineers
h ave assured us there is sufficient retainage to cover . The
engineers recommend that for each of the contracts execute the
IDcertificates of substantial completion .
RESOLUTION # 177 AUTHORIZE SLJPV TO SIGN CERTIFICATES
• FOR MONKEY RUN WATER & SEWER DISTRICT
Clm Hatfield offered the following resolution and asked for its
adoptions
RESOLVED , that this Town Board authorize the Supv to sign
certificates of substantial completion of contracts A , 4 C and D
for the Monkey Run Water and Sewer Dist .
2nd GIm Garlock Roll call vote - all voting Yes
Atty Perkins - has received correspondence from Tompkins County
H ealth Dept with regard to the Town of Dryden request for being
L ead Agency for the Hutchens proposal on Mt Pleasant Rd . They
have no objection for the Town of Dryden as Lead Agency . However ,
since the zoning in that area has been changed so that the
project will not be allowed except by variance and to his
knowledge there has been no request for a variance so he suggests
that no further action be taken and so notify the county .
Supv Schug - if Mr Hutchens does apply to ZBOA than the Town
Board will still act as the Lead Agency .
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Atty Perkins - he has received from Hunt Engineers an analysis
for the Turkey Hill Water & Sewer Dist . regarding costs . Copies
will he made ,3rd• sent to Board members for their review and than
,, a work session can be scheduled .
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RESOLUTION # 178 ESTABLISH A CAPITAL RESERVE FUND
TO FINANCE COST OF - TOWN HALL ADDITION & CONSTRUCTION
Clrr: Hatfield offered the following resolution and asked for its
adoption : ( copy in minute book )
End Clm Garlock Fell call vote - all voting Yes
COUNCILMAN PRIVILEGE OF THE FLOOR
C1n Evans recommended after talking with Dave LaPoint and some
people in the area and Town Law regarding land spreading of
sludge suggesting that it be allowed until November 30th because
o f the lease and unusual weather .
fltty Perkins - from an administrative point of view this can be
h andled as a policy . In that it should take us that long to get
our enforcement provisions in place and in the meantime we are
willing to enforce the law to give him a chance to empty out his
lagoon and to charge his equipment over .
Clw Walbridge - thought that it was excessive to give Mr LaPoint
until Nov list . and he should not be treated different than any
o ther hauler of septic -
' After some discussion the Town Board felt that . the deadline for
Mr LaPoint should be August 30th with no extension .
Town Board meeting recessed for public hearing . 8 : 05PM •
PUJHLIC HEARING
JULY 11 , 1989
S upv Schug read the notice that was published in the newspaper
concerning the application of Donald Claflin to build and sell
picnic tables and lawn ornaments at his residence 1841 Dryden Rd .
QUESTIONS AND / OR COMMENTS
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D onald Claflin - he drives school bus during the year and this
w ould help supplement his income during the summer months . There
is no problem with parking or obstructing traffic since he has
plenty of space and a circular drive way . He would eventually
like to build miniature bunk beds for sale . There are no plans
for any signs . Everything he plans to sell will be things that he
has made himself .
Closed public hearing A : 1fPM
7 / 12 /88
To : Town Board , Town of Dryden
From : Barbara Caldwell , Chm . Planning Board , Town of Dryden
Re : Proposed expansion of Phil t Alvin Simon ' s MVE Country Acres mobile
home park in McLean by 8 additional units .
This proposed expansion was referred to the Planning Board and reviewed by
them first at their meeting of May 12 , 1988 . At the May 12th meeting we
raised about a dozen questions which required further investigation . We
also wanted an opportunity for those planning board members who wished to
tour the site to have an adequate time in which to do so . The Simons
were very cooperative and offered to be present for any questions which
might arise out of on - site inspection .
At our meeting of June 16 , 1988 Mr . Simon was present with the answers
to the questions which we had raised . Several members of the Planning
Board who had visited the site were able to give their insight and comments
o n our concerns .
After review , the Planning Board moved , seconded and carried to recommend
to the Town Board to approve the expansion of Country Acres by eight
additional lots with the stipulation that the Planning Board be provided
w ith a copy of the park ' s current rules and regulations . This was done
o n the understanding that such concerns as landscaping , lighting , and
drainage as discussed with the Planning Board are carried out as proposed .
%ad/ad
Barbara H . Caldwell
Chairman , Planning Board
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7 - 1. 1 -89 page 4
Town Board meeting reconvened at 8 : 10PM
RESOL. IJTION # 179 GRANT SPECIAL PERMIT DONALD CLAFLIN
Clm Garlock offered the following resolution and asked for its
adoption :
RESOLVED , that this Town Board grant a special permit as
presented to Donald Claflin to build and sell picnic tables and
lawn ornaments at his residence of 1841 Dryden road with the
following condition that this is non transferable by sale or by
lease .
2nd Clm Hatfield Roll call vote - all voting Yes
TOWN CLERK
S peed limit has been approved in the Yellow Barn Rd area to 30MPH
ZONING OFFICER
- - report given to Board members
Asst . Z . O . Cotteri l l - reported on the status of the Prudential
Life Insurance building . They do not have a certificate of
o ccupancy and they are open for business . Z . O . Slater served them
w ith a violation notice for them not to use the business until
the final inspection has been made and approved . They were
cooperative in finding out what was left to be finished . They
410 have since had their final electrical inspection . They are
working on getting the handicap facilities and the bathroom
facilities finished . They have asked Z . O . Slater to come back on
Thursday July 13th and hoped that everything would be complete
e nough for a temporary C . O .
Atty Perkins - he understood that they have now met all of the
light safety concerns that he had discussed with them . Z . O .
S later was going to give them a temporary C . O . since they had
addressed the light safety issue . They will be summoned into Town
Court since they opened business without a certificate of
occupancy .
H IGHWAY
Hwy Supt Gilbert - the 2 new trucks that they ordered in Feb are
h ere and will probably get them sometime in Sept . They are also
d oing paving . Have started to take the deck off the bridge on
L ake Rd .
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RESOLUTION # 179 ATTEND HIGHWAY SEMINAR
® Clm Hatfield offered the following resolution and asked for its
adoption :
RESOLVED , that this Town Board authorize Hwy Supt Gilbert to
attend the highway seminar and to pay expenses .
2nd Clm Garlock Roll call vote - all voting Yes
C .lw Walbridge - people in the Ellis Hollow area would like a sign
put up designating Ringwood Rd at the intersection of Ringwood Rd
and Ellis Hollow Creek Rd and a sign put up designating Ellis
Hollow Rd and Ellis Hollow Creek Rd .
CORRESPONDENCE
Ambulance report
L etter of resignation - Ken Friedman , Planning Board member
Clm Garlock would like to delay the appointment until he has a
chance to speak to someone he knows who is interested .
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D ISCUSSION
The Town Board would like Bill Bailey come to the Town Board and
d iscuss the insurance policy for the town
S upv Schug - has received information regarding a well baby
clinic that has been active in the Dryden Methodist Church which
110 is done by . the County Health Dept . Since the County is going self
insured they have written a contract stating what they would not
be responsible for at whatever facility they would be using for
their clinic . So now the Methodist Church does not want them to
use their facility any more . Co Rep Watros would like the Town
Board to consider us to contact our insurance company to pick up
whatever liability there would be . As of yet he has not received
any information to let the Board members and Atty to review .
S upv Schug - Rocco Lucente would like the Town Board to waive his
late payment penalty for water and sewer bills . The amount is
approximately $ 135 . 00 because he said he never received the
bills . There was some discussion and the Board denied to waive
the late payment penalty and will let him know he is responsible .
S upv Schug - designation of wetlands , cost for biologist should
be worked on at next months meeting .
RESOLUTION # 180 CHANGE ORDER # 3 MONKEY RUN
WATER AND SEWER DISTRICT
Ciw Walbridge offered the following resolution and asked for its
adoption :
RESOLVED , that this Town Board authorize change order # 3 for
Monkey Run Water & Sewer District to increase by $ 2 , 000 . 00 the
amount being paid to GPP . Inc . for agreed upon price to construct
® temporary building for winter construction and replumb meter pit
and recalibrate ACT PAC .
2nd Clm Garlock Roll call vote - all voting Yes
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7- 11 - 89 page 6
RESOLUTION # 181 TRANSFER FUNDS
Clw Walbridge offered the following resolution and asked for its
adoption :
RESOLVED , that this Town Board authorize the Supv to make the
f ollowing transfers : $ 15 . 00 to A130 . 42 ( tax postage ) from
A1330 . 2 ( tax equipment ) ; $60 , 000 . 00 to A8030 . 402 ( Monkey Run
W ater ) , $ 1 , 000 . 00 to A8030 . 403 ( Cortland Road Water ) , $ 500 . 00
to A8030 . 404 ( Turkey Hill Water ) , $ 500 . 00 to A803O . 4O5 ( Turkey
H ill Sewer ) , $ 15 , 000 . 00 to A8030 . 406 ( Yellow Barn Water ) ,
$50 , 000 . 00 to A8030 . 407 ( Monkey Run Sewer ) for a total of
$ 127 , 000 . 00 from A unexpended fund balance , $250 . 00 to B8020 . 4
( Planning contractual ) from B1990 . 421 ( Contingency ) , $ 20 , 000 . 00
to DA5140 . 1 ( Highway misc . personal ) from DA514B . 1 ( Other
services personal ) , $ 7 , 500 . 00 to DA5142 . 4 ( Snow contractual )
from DA5142 . 1 ( Snow personal ) , $ 5 , 000 . 00 to Sewer # 2 SS2 - 8110 . 4
( Administration ) from unexpended fund balance and $ 1 , 000 . 00 to
Sewer # 3 SS3 - 8110 . 4 ( Administration ) from unexpended fund
balance .
2nd Clm Hatfield Roll call vote - all voting Yes
RESOLUTION # 182 PURCHASE USED MITA COPIER
Clw Walbridge offered the following resolution and asked for its
adoption :
RESOLVED , that this Town Board authorize the Supv to purchase a
used Mita copier for backup from McFall Builders for $ 300 . 00
® End Clm Garlock Roll call vote - all voting Yes
RESOLUTION # 183 AUDIT GENERAL FUND BILLS
Clm Hatfield offered the following resolution and asked for its
adoption :
RESOLVED , that the general fund bills be paid as audited
( $ 91 , 190 . 97 )
2nd Clw WalbridgeRoll call vote - all voting Yes
RESOLUTION # 184 AUDIT HIGHWAY FUND BILLS
Clw Walbridge offered the following resolution and asked for its
adoption :
RESOLVED , that the highway fund bills be paid as audited
( $ 40 , 466 . 17 )
2nd Clm Garlock Roll call vote - all voting Yes
RESOLUTION # 185 AUDIT SPECIAL DISTRICT BILLS
Clm Garlock offered the following resolution and asked for its
adoption :
RESOLVED , that the special district bills be paid as audited
( $ 13 , 828 . 06 )
2nd Clw Walbridge Roll call vote -- all voting Yes
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7 - 11 - 89 page 7
COMMITTEE REPORTS
® Clw Walbridge - has not had a chance to talk with the fire
companies and Clm Evans regarding firemen ' s pension .
Clm Hatfield - has not had a change to review the building plans
RESOLUTION t# 186 HIRE TEMPORARY HELP FOR
ZONING OFFICER
Clm Hatfield offered the following resolution and asked for its
adoption :
RESOLVED , that this Town Board authorize summer help for Z . O .
S later to put data in computer from back building permits . 8 to
10 hours a week at $ 4 . 00 per hour .
2nd Clm Oarlock Roll call vote ° all voting Yes
J USTICE REPORT - ' $ 6 , 335 . 00 for the month of June
FINANCIAL REPORT - given to Board members
K erm Marquis - was interested to know what that status of the
Fall Creek Recreation area was .
S upv Schug - he has been putting together information what the
_ Fall Creek designation was going to mean to the Town of Dryden .
It is not on the agenda because he is waiting for more
® information . The Town does have a good zoning ordinance in effect
and there is concern as to whether or not we want another level
o f governmental restrictions ,
Clm Hatfield - was confused on the number of unlicensed cars a
person could have on his property .
Asst . Z . O . Cotterill - the zoning ordinance does not allow any
u nregistered or inoperable vehicles . It does allow a seasonal
✓ ehicle which can be registered part of the year , or they can
sign a statement that they have a car that they are going to
repair and put back on the road within a certain length of time .
Adjourned : 10 : 15PM
4.c4 (2.--arc.
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Susanne Lloyd
Town Clerk
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