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HomeMy WebLinkAbout1994-06-14i I TOWN BOARD MEETING PUBLIC HEARING - Jeri Gage Sage JUNE 14, 1904 Minutes of public hearing at 7:30PM Supy Schug read the notice that was published in the newspaper concerning the application j- 1f Jeri Gage Sage. (copy in minute book). QUESTIONS AND /OR COMMENTS Supv Schug - Jeri Sage has received their her variance is custom piece and from the ZBOA regarding the parking from spaces that type would be required. to Clm Roberts - wanted to know what kind of software she developed? Jen Sage - mostly conversion their of data is custom piece and base. This would be moving data base from one type of machine to another. Clm Roberts - wanted to know how this was going to marketed. Jeri Sage - a lot of their work is custom piece and hoping they get some federal grant research money. Clm Roberts - wanted to know the percentage of her hc- iuse that would be used for her business and would there be any walk in customers? Jeri Sage - abc- iut one eighth of her house and no walk in customers. Closed public hearing 7:35PM TOWN BOARD MEETING JUNE 149 1994 Supv Schug called town board meeting to order at 7:35PM Members and guests participated in the Pledge of Allegiance Roll l cal 1 was by Town Clerk Lloyd: Present: Supv Schug, Clri C. Hatfield, Clm Robert, Atty Perkins and Z.O. Slater. C l m T. Hatfield arrived at 9:40PM Absent: Clm Baker Supv Schug appointed Clm C. Hatfield and Clm Roberts to audit the highway fund bills Approval of the minutes: Motion was made by Clm Roberts and `rid by Clm C. Hatfield that the minutes of town board meeting 4 -12-949 5- 10 -94, special board meeting 4- 26 -94, and site plan review 4 -26 -94 be approved. Roll call vote - carried M TB6 -14 -94 Page Town board members went over the EAF form regarding the application � �f Jen Gage Sage. Clm Roberts -- #7 answer should the be answered 1 acre and was left blank. Q uest i � •n #11 i s answered yes and should be answered no. Question #12 should be answered no. RESOLUTION #137 NEGATIVE DECLARATION EAF Clm Roberts offered the following resolution and asked for its adept ion. RESOLVED, that this Town Beard accept the short SEOR EAF form filed out by the applicant with the corrections made. It was determined there was no environmental impact and a negative declaration should be issued. end Clm C. Hatfield Roll call vote - all voting Yes RESOLUTION #138 GRANT SPECIAL PERMIT Clm C. Hatfield offered the following resolution and asked for its adoptions. RESOLVED, that this Town Board grant the special permit to Jen Gage Sage with the following coedit i� �nsa "Boiler ler plate Conditions" adopted 7 -10 -90 and this application is non transferable by sale or lease. 2nd Clm Roberts Roll call vote - all voting Yes COUNTY BRIEFING Co. Rep. Lane - reported on solid id waste. The Supreme Court overturned the flow c• ant ro 1 law which means the county can no longer use flow control as a method � .f collecting revenues. The county has to � pay for more than just solid waste disposal but for all � �f the other costs of recycling, closure � �f old landfills and DR 7 costs. The county lowered the tipping fee to $55.00 a ton. This will be a short fall to the county in the neighborhood of one million dollars in 1994. The county is looking at ways to meet that short fall. He feels there will be an increase in the annual fee and there will be various levels � �f cuts. There is public controversy r� �versy over the solid waste and recycling center that is to be built. He would be glad t� � hear any input from the board members or, this issue because he has not made up his mind as yet. He would like to see a review of the figures showing the income projections. He is also concerned as a Dryden representative as to what happens if we don't have a solid waste recycling center. After DR 7 comes DR 1 which was the fall back site. He feels there are forces at the county level that would like to see a landfill in Dryden. Co. Rep. Lane - reported that he has riot forgotten illegal dumping. He has drafted a resolution to take before the isgovernmental affairs committee and solid waste committee mittee for discussion, I P I i TB6 -14 -94 Page 3 Co Rep. Lane - reported the county fall collection day will not be held because of the change in the cast. Co. Rep. Lane - gave Supv Schug a copy of the counties S year bridge plan. The 2 bridges in the Town of Dryden are East Lake Read and Fergus on Road. Cross CITIZEN PRIVILEGE OF THE FLOOR Supv Schug - received resolution a request from Yvonne Guest for a speed limit on German Cross Road. RESOLUTION #139 ACCEPT PETITION FOR LOWER SPEED LIMIT ON GERMAN CROSS ROAD Clm C. Hatfield offered the following resolution and asked for its ads apt ion: RESOLVED, that this Town Board accept the petition for a lower speed limit on German Cross Road. Also, recommend to the county and state a speed limit on German Cross Road in connection with the Town of Danby. 2nd Clm Ro bert s Roll call vote - all voting Yes Susan Barnard also presented a petition to the town board for a speed reduction �n on Wood Road. RESOLUTION #140 ACCEPT PETITION FOR LOWER SPEED LIMIT ON NORTH WOOD ROAD Clm C. Hatfield offered the following resolution and asked for its adopt ion; RESOLVED, that this Town Board accept the petition for a lower speed limit on North h Wood Road. 2nd Clm R� Ebert s Roll call vote e - all voting Yes Ralph Varn - he has petitioned thru Atty Perkins office to form a sewer district and to extend the water district on Snyder Hill for his project .-if Peregrine Hollow. Atty Perkins has informed him that there are some issues that have to be resolved regarding the purchase of the sewer district and purchasing additional capacity at the Ithaca Area Waste Water Treatment Plant. He would like to set up a meeting Supv Schug, himself, his engineer and the town engineer to discuss those issues to come up with a solution ion s• � by the next meeting he can have his petition in the form that Atty Perkins needs. Supv Schug - Larry Fabroni, engineer, should work with the Town of Ithaca engineer to address his concerns regarding the flat sewer on Rt . 79. Larry Fabroni, it is the Town of Ithaca sewer and is their problem and what either the town or Ralph Varn will d� � about its It is a tough question to answer. 7b I 0 I TH6 -14 -54 Page 4 tSupv Schug - they would have to have your recommendations or, why it doesn't have to be changed and convince the Town of Ithaca. The town has to net the sewage through their lines to the city. Larry Fabroni - he can find out what the issues are and come back to the town. Supv Schuh - the town should knew what the Ithaca town engineer is looking for s• � that we can address the problems. COUNCILMAN PRIVILEGE OF THE FLOOR Clm Roberts - reported that the swim pr"onram has been advertised avid is the same oroQram they have had for the last 2 years. Registration will be June 20th and 21st at the elementary school in the evening. Clm Roberts has been studied - submitted by a resolution opposinn the a county committee to license or000sal that cats throughout Tompkins County. only at the health Supv Schug - he was surprised to learn that less than 50 percent of the dogs in the county are licensed. Don licenses has been in effect for 30 � �r 40 years. If you can't license most dogs why would you embark on another ors Ject and maybe only get 20 percent • of the cats. Clint Cotteri l l - the Town of Caroline suoervisor was at their cat task force meeting. He made the remark that since he has been supervisor he has had 6 different di,Ig enumerators and none of them ever finished the Job. Only one third of the dogs are licensed and he can't hire any_ � one to do the enumeration, so haw could you do cats. E Co. Rep. Lane - the county has received a resolution from the Town of Groton. Clm Hatfield - wanted to knew if this has been discussed at the county board. Co. Rep. Lane - it is only at the health committee at this point. It will come up in the next Couple of beard meetings. 71 I 79, TB6 -14 -94 Page 5 Clint Cotterill - at the task force meeting last week the SPCA had a proposed posed reso 1 ut i � �n they wanted the committee to recommend to the county committee to get to the county board before August. Co. Rep. Totman reported that he was riot opposed t� � the licensing of cats, but he thought there were no votes on the county board and no way the present proposal would be passed. The task force committee was to stop at the present time and start an education program. They will probably send the town a lot of statistics and information for the next few months. He did not, think there would be a proposal this year, but the SPCA will try and dream up what their next step will be. They will keep this task force together and decide how t� � educate the town boards that are not opposed to_ it. It was suggested that when dog enumeration was done they have a questionnaire and ask for information regard i rig cats. The SPCA wants t• � now do statistics and an educational pr1ogram. There is no place i n New York that has cat licensing or cat control. Co. Rep Totrnan reported that Cortland County SPCA had stopped doing cat control. George Totman did say that everything gets started in Ithaca and Tompkins County. He was hearing a lot of negative comments that tax payers were tired of being first in everything. RESOLUTION #141 OPPOSING CAT LICENSING Clm C. Hatfield offered the following resolution and asked for its adoptions WHEREAS, the people of Tompkins County are already heavily burdened by taxes, fees, rules, regulations, and government bureaucracy and I WHEREAS, government agents, such as Town Clerks are already overloaded with administrative mandates, and WHEREAS, dog licensing is not fully utilized in the County and WHEREAS, the SPCA has recently taken on additional municipalities and there was no mention of fiscal problems during the contracting process, and 1 WHEREAS, the SPCA is al control. THEREFORE, BE IT RESOLY the Dryden Town Beard, record as being apposed Countys ready receiving just compensation for cat ED, this fourteenth day of June 1994, that or, behalf of its constituents, goes can to the licensing of cats in Tompkins BE IT FURTHER RESOLVED, that this Board neither supports nor endorses any additional type of household pet licensing such as gerbils, guinea pigs, hamsters, parakeets, or goldfish. A copy of this resolution is to be transmitted by the Dryden Town Clerk to the three Dryden Representatives on the County Board, the Ithaca City Clerk, all Town Clerks in Tompkins County, and the Dryden representative on the Committee studying the subject, requesting that he read the resolution at the next meeting of said committee. 2nd C l m Roberts Roll call vote - all voting Yes 0 TBG -14 -94 Page E David Pellitear, representing (BRAC) Budget Reorganization Advisory Committee - regarding property proposed tax increases. He would like t� � have a town meeting in August or September for better information ion to the public and to receive input. Supv Schug - suggested that the Tr.1wri Clerk and David Pellitear set up a meeting at the school since there would be more room for the public. ATTORNEY M Purdy - relief THW /S district R H - will agreement with the town be addressed when rates are set in November. services. He recommends that the town not sign the agreement Atty as Perkins out of - district has agreements users for from the Ernest Turkey and Beverly Hill water Schaufler and sewer districts. All documents were signed by Supv and beard members. Atty Perkins Turkey Hill water /sewer engineering services agreement FmHA - requested a waiver of their requirements that previously executed be on their form. The state engineer and town engineer should work out any details. Atty Perkins - Cortland Rd sewer district - matter for executive session. Atty there Perkins is - with an attempt respect to the C again buy the party R H Engineers contracting agreement with the town to limit their liability for professional PAINT services. He recommends that the town not sign the agreement in its present form. RESOLUTION #142 WEST DRYDEN COMMUNITY CENTER LEAD BASE PAINT REMOVAL Clm Roberts offered the following resolution arid asked for its adoption: RESOLVED, that this Town Board authorize ze the agreement with C & H Engineers based for the West Dryden Community Center lead an amount riot to exceed $2,500.00. the Supervisor to sign upon Atty Perkins review base paint removal in 2nd Clm C. Hatfield Roll call vote - all voting Yes 7\3 9 i Is is TB6 -14 -94 Rage 7 RESOLUTION #143 AFFIRMATIVE ACTION WORKPLAN Supv Schug offered the following resolution and asked for its ads apt ion: RESOLVED, that the Dryden Town Board resolves that the goals set forth in the State Water Pollution Control Revolving Fund (SWPCRF) loan application Affirmative Action W� �rkplan will be in accordance with the intent of New York State Executive Law, Article 15 -A and will assure the meaningful participation of minority and women awned business enterprises in contracting and the meaningful participation in the work force with the project to � be financed. 2nd Clm C. Hatfield Roll call vote - all voting Yes RESOLUTION #144 AFFIRMATIVE ACTION REPRESENTATIVE Supv Schug offered the followi adoptions RESOLVED, that this Town Board Affirmative Action Representat implementation of the required 2nd Clm C. Hatfield TOWN CLERK rig resolution and asked for appoint Ron Roberts as the ive to coordinate the Affirmative Action program. Roll call vote - all voting RESOLUTION #145 DESIGNATE ROLLING PLACES its Yes Clm C. Hatfield offered the following resolution and asked for its adoptiona RESOLVED, that this the Town of Dryden District #1 - District #2 - District #3 - District #4 - District #5 - District #6 - District #7 - District #8 - District #9 - District #10 - `nd Clm Roberts Town Board designate for the year 1994. Etna Fire Station Freeville Fire Station Dryden Fire Station Varna. Community Center Etna Fire Station Dryden Village Hall Dryden Town Hall Bethel Grove Community Ellis Hollow l• •w C� immunity Dryden Town Hall Roll call vote e - the following places in Center Center all voting Yes RESOLUTION #146 PAY POLLING PLACES Clm Roberts coffered the following resolut adopt ion: RESOLVED, that this Town Beard authi_irize following polling places $100.00 per dist their facilities for 1994. Varna Communi Community Center, Ellis Hollow C� �mmUn i t y Station and Freev i 1 1 e Fire Station, Etna District #1 and District #5. 2nd Clm C. Hatfield Roll 1 ca 1 1 vot ion and asked for its the Supv to pay the rict for the use of ty Center, Bethel Grove Center, Dryden Fire Fire Station for e - all voting Yes F '0 CJ TOWN OF DRYDEN 6 DRYDEN; NEW YORK 65 EAST MAIN STREET, DRYDEN, NEW YORK 13051 607 -644 -9120 ZONING 11, BUILDING CODE ENFORCEMENT Ithaca Journal News 123 W. State Street Ithaca, New York In the Heart of the Finger Laker Region Attn: Donna Carr, Legal Ads PLEASE PUBLISH the following LEGAL NOTICE no later than WEDNESDAY, JUNE 8TH, 1994 and bill the Town of Dryden. PLEASE TAKE NOTICE that will hold a Public Hearin Special Permit from Jen G Resources Planning Associ Freeville, NY, to establi structure at 24 Upper Cre of Dryden. SAID HEARING will be 7 :30 P.M. prevailing Street, Dryden, NY at given an opportunity by agent. DATED: June 1st, 1994 the Town Board of the Town of Dryden g to consider- an application for a age Sage DBA, SNAP Technologies Inc. & ates Inc. currently of 613 Asbury Road, sh a home occupation within an existing ek Road, hamlet of Etna within the Town held on TUESDAY, JUNE 14TH, 1994 at time at the Dryden Town Hall, 65 E. which time all interested persons to be heard. Persons may appear in E� By Order of Henry M. Slater Zoning Officer Town of Dryden cc: James Schug, Dryden Town Supervisor A11 Dryden Town Board Members Mahlon R. Perkins, Dryden Town Attorney Dave Putnam, T.G. Miller Engineers K Surveyors The Tompkins County Planning Department Susanne Lloyd, Dryden Town Clerk Main will be person or 0 U TOWN OF DRYDEN i DRYDEN, NEW YORK 85 EAST MAIN STREET, DRYDEN, NEW YORK 13053 807444 -9120 ZONING 6 BUILDING CODE ENFORCEMENT In the Heart of the Finger Laker Region Date:June are within 1st, New York 1994 on To: Whom PUBLIC it May to Concern: You are within hereby New York NOTIFIED on of a PUBLIC HEARING at to be held by the Dryden consider the Town Board at the Sage Technologies Dryden Town Hall, to 65 East Permit Main Street, Dryden, within New York on TUESDAY, JUNE 14TH, 1994 at 7:30 P.M. prevailing time will. to consider the application of Jen Gage SNAP Sage Technologies who is requesting Inc. to 24 a Special Upper Creek Permit to Road, relocate Etna, New York within the Town of Dryden. This business will. be operated as a home occupation as well as her own residence. The site being within an RB -1 Zoning District, such uses are permitted by Special Permit. See Section 752.2 of the Dryden Town Zoning Ordinance. ALL PARTIES in interest will b heard at the time of the heari person or by agent. If you sh desire further information, pl office at 607- 844 -9120 between 1 :00 P.M. Monday - Friday. Very truly yours, n� dL[� Henry M. Slater Zoning & Building Code En cc: All Property Owners, with All Dryden Town Board Mem Mahlon R. Perkins, Dryden Susanne Lloyd, Dryden Tow The Tompkins County Plann e given an opportunity ng. Persons may appear ould have any questions ease feel free to call the hours of 8:00 A.M. forcemeat Officer in 500' of Project Property bers Town Attorney n Clerk ing Department to be in or this and 1 Date : June 7th, 1994 To: James Schug, Dryden Town Supervisor From: Henry M. Slater, Zoning & Building Code Enforcement Off. 65 Fast Main Street, Dryden, NY 13053 Sub. a May 194 Building & Zoning Activity Report Dear, Jim: During the month of May 1994, our office has been very busy with department related activity. As follows, is a brief description of those activities. Building Permits. During the month (18) Building Permits were issued. A -1 Single- family new starts: A -1 Replace Existing Mobile home with new Mobile A -1 Extend existing single family homes: C -4.1 Erect a Pri C -4.1 Storage str C -7 Miscellaneous C -7 Private Home vat uct Re Swi e G ure pai mmi arage: for commercial printer rs & Structures a ng Pool C -2 Demolish Permits for winter storm damage • Certificates of Occupancy and Compliance. Certificate of Occupancy Temporary Certificate of Occupancy Certificate Of Compliance • Zoning Variance Hearings. One hearing was held, has been provided at a Upper Creek Road. Fire Investigations. a copy of the Notice of prior date, applicant Fire Safety Inspections. Multiple Residence Inspections: Fire Safety Inspections of Public /Businesses: Home Day Care Fire Safety Inspections: (C.) home(1) (5) (5 ) (i) (1) (1) (`1) (0) (7) tl) Decision site ^c4 The Planning Board did not meet during May. They will a Final Plat Review of the now famous Peregrine Hollow Subdivision project of Ralph and Richard Varn at their meeting. (0) (0) (0) (1) conduct June i May 194 Activity Report Rage Two As you all. may or may not be aware, I've been attending work shops designed to aid the various Towns and Villages in complying with the applicable requirements of the ADA, Americans with Disabilities Act of 1992. As a result, I'm currently completing a Self Evaluation and Transformation Plan for community accessible services provided to the General Public by Town of Dryden Facilities. Those facilities would include, the Town Hall, the Dryden Lake Park and the West Dryden Community Center. All of these facilities need to be One Hundred Percent accessible to the physically handicapped by January 1995. There is no penalty for failing, unless the Town were to be sited by the US Department of Justice, the enforcement agency of the ADA Law. That is where this analysis and transformation plan would be a defense. Example, the Town is proposing to extend the Town Hall and the West Dryden Community Center is under historic renovation. It would not necessarily excuse the Town from 1995 compliance, but it should be a reasonable defense if we have a plan on file which spells out a building renovation and expansion project scheduled for say the third quarter of 1995 which results in total facility ADA compliance rather spend $10,000 to $100,000 on a partial renovation now. I'll keep you informed. Since mobil for t Thane commU be av your posit public meetings not only require ity impaired individuals but also he hearing impaired. I've been i of Groton, NY who is available t nication assistance for public me ailable with 24 hours notice as n authority to offer- her the opport ion. She will provide her servic Very truly yours, Henry M. Slater accessibility for requires assistance n contact with Nancy o provide the necessary et ings. Ms. Thane can ecessary. I would like unity to apply for this e for $25.00 per hour. cc: All Dryden Town Board Members , - -Susanne Lloyd, Dryden Town Clerk Mahlon R. Perkins, Dryden Town Attorney TBG -14 -94 Page 8 ZONING OFFICER - report given to board members • Al Pizzeria is complete ether than paving parking area to issue final CEO. Supv Schua - regarding the ADA pry �nram the town is bound by the program to offer services to the hearing impaired with 48 hours not ice. HIGHWAY SUPERINTENDENT Discuss road abandonments - Caswell & Hi le School, etc - tabled Survey estimates for Star St ant c - ire H i l l Rd & Wood Rd - n • estimate at the present time. CORRESPONDENCE Thank you from Cavuaa Bird Club. Vi l lane of CavLUga Heights - allocation ion of units - 7_. 0. Slater will have to check and make sure the addresses in the Lucente proJect are in the sewer district. Letter of resinnat ion from Jahn Davis planninq board member. Dryden police report - (copy in minute book) • DISCUSSION ACC - Clerk telephone no on bills FCC reaulat ion Beard members have a draft comments copy of Bolton Point Nenot iated Work Flan. (no changes recommended in its present form). Youth Commission vacancy for the town - Tom Hatfield is presently the Town Board representative but would like to find a commission replacement. Cortland Road Sewer Dist. - rate structure recommendation and executive session East Main St. sewer connection at the Town Hall. SCLIWC - billing and discontinuance permids - no change in due date. Dept. of Planning ADA requirements - board members have copy Varna Fire Dept - tax billing beard members have copy. . FLIC - topics for discussion - board members have copies Railroad Trails Projects (Tip Aga County & Rails t• � Trails) - board members have copy of SuQv SchuE3 letter sent to Larry Arnes. TB6 -14 -94 Page 9 Village of Lansing to County Beard of Reps. regarding trash transfer Board tabled station - decision board members have at this time. copy of letter. The Town Supv Schug - GSTN government service offered the town an opportunity t� � look at a tape they sent. The board members are welcome to look you were in at county the tape. He did government. It not see any advantage finless awns. is not geared for the towns. RESOLUTION #147 MEMORANDUM OF UNDERSTANDING Clm Roberts offered the following resolution and asked for its adoptions (copy in minute book) End Clm C. Hatfield Roll call vote - all voting Yes RESOLUTION #148 Cornell University, AUTHORIZING SRF APPLICATION - City of AND PROJECT and the Cornell FINANCING Dryden of like AGREEMENT like and the long term t o Village lease have the railroad of Freeville agreement from Clm C. Hatfield offered the w a following to resolution and asked for its adoptions (copy in Cort minute is very book) the Hatfield agency Cortland Town of End Clm Roberts Roll trail for call vote - all voting Yes Supv Schug - Cornell University, the Town of Ithaca, City of Ithaca and the Cornell Town � �f Village w1:1U1d Dryden of like would Dryden a like and the long term t o Village lease have the railroad of Freeville agreement from r -� � for Stevenson w a between trail. Rd to the Cortland Co +_tnt y line. Cort l and County is very interested the Hatfield agency Cortland Town of in some the having a discussion farmers trail for connecting since farm some of land. to the the Town of land has Dryden. been reverted There Game of Yes was back to RESOLUTION #149 SPONSORING AGENCY FOR THE RAILS TO TRAILS PROGRAM Clm Roberts offered the following resolution and asked for its adoption. ion. RESOLVED, that this Town Board authorize the Town of Dryden to be the sponsoring Farm Road Dryden to End Clm C. to the the Hatfield agency Cortland Town of for Groton the County line. Rails line Roll t• � call Trails and vote from program the Village - all voting from Game of Yes i i i 0 • 0 4b]j E. Irk ,r , URYYEN RECEIVED DRYDEN POLICE DEPAn i ivim u JUN - 9 1994 16 SOUTH STREET - -- P O BOX 820 -I DRYDEN, NEW YORK 13053 -0820 '�1 DRYDEN TOWN SUPERVISOR (607) 844 -8118 �,� • , ' I LI M D. CORNELL CIA F OF POLICE June 7, 1994 Hon. James Schug, Supervisor. Town of Dryden 61 -65 East Main Street Dryden, NY 13053 Dear Supervisor Schug: During the month of May Dryden Pol.:i.r,e Officers checked the lake area at least once during their s111.ft per day. Often our officers are able to check the area more than once during their shift. The melting of the snow has made the park much easier to patrol. Dryden officers are able to check this area more thoroughly. Officers have been in contact wi.t;h many people and have answered many questions about vary.i.ng topics such as park regulations, state and local. regulations, etc., as well as just friendly conversation. Officers' presence, or anticipated presence, helps deter illegal activity. Many times in the past we have found that activities in the park can and do sometimes effect activity within the Village 'of Dryden; i.e.: drunk driving, rowdy and /or intoxicated individuals leaving the park and travelling to or through the village. If you have any questions, please do not hesitate to call. L y Si.ncP)"z l.y F0 0 - Wi 1.1 i.rtm D. Cornell Chief of Police To: / r From: Ret n O Ke p o� oss p post -11'" FYI. pad 7668 0 \J TOWN OF DRYDEN s DRYDEN, NEW YORK 65 EAST MAIN STREET, DRYDEN, NEW YORK 13053 FAX 607 -844 -9599 In the Ilear1 of the Finger- Lake.( Regtol? TEL. 607 -844 -8619 OFFICE OF THE SUPERVISOR Lewis Roscoe Cornell University 102 Humphries Service Building Ithaca, NY 14853 Re: Rails to Cortland County Dear Lew: June 16, 1994 Trails - Game Farm Road across Town to At our Town Board meeting on June 14th the Town Board passed a resolution authorizing the Town of Dryden to be the sponsoring agency for the Rails to Trail project from Game Farm Road to the Cortland County Line and from the Village of Dryden to the Town of Groton line. Do you plan to have another meeting and if so when? Would you be so kind and forward me a list of the people involved at the last meeting along with their addresses and phone numbers. Sincerely, d J es F..' Schug S erv. or /m cc: Town Board James Hansen -- David Boyd Susanne Lloyd f I MEMORANDUM OF UNDERSTANDING • BETWEEN THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION OF THE STATE OF NEW YORK, hereinafter referred to as the DEPARTMENT and the T014N of DRYDEN hereinafter referred to as the TOWN FOR THE PERIOD OF JANUARY 1, 19 94 to DECEMBER 31, 1994 Resolution No. 147 WHEREAS the Department of Environmental responsible for the protection of the waters in New York State as set forth Conservation Law and, Conservation of the State of New York is water resources of certain classified in Title 5 of Article 15 of the WHEREAS this Memorandum of Understanding between the Department of Environmental Conservation of the State of New York and the TO[,1N of DRYDEN establishes an agreement of cooperation the parties hereinafter mentioned for the administration of this responsibility insofar as the TOWN is concerned, • THEREFORE, BE IT RESOLVED that fames F. Srinig sign the attached Memorandum of Understanding in behalf of DRYDEN and r: is hereby empowered of the To«t to BE IT FURTHER RESOLVED, that this Memorandum of Understanding shall take effect immediately upon its acceptance by the Department of Environmental Conservation. Attest: Clerk Waters covered by this Memorandum 1. All waters in the TOWN classified C with a standard of (T) and higher by the Department of Environmental Conservation. Works covered by this Memorandum All TOWN public works that will change, modify or disturb the course of, or necessitate the removal of sand, gravel or other material from any of the above waters. a 0 u PERMITS -2- 1 No permit shall be required for the following works undertaken where the State does not own fishing rights or where the stream is not on other lands owned by the State: a. Stream crossings, provided the disturbance of the bed or banks is limited for fifty (50) feet above and below the crossing. b. Channel clearing or realignment of streams that involves less than one hundred (100) lineal feet of stream in any mile of length. Notification Notification shall be given to the local permit agent 24 hours before undertaking work covered by this Memorandum for which no permit is required. Standards of Performance All work shall meet the following standards: a. The project shall not obstruct the upstream or downstream movement of fish. (Culverts and the floors of box culverts and bridges shall be, as nearly as possible, flush with the stream bed.) b. Sufficient flow of water shall be maintained at all times to sustain aquatic life downstream. c. Any culvert, box culvert or bridge floor shall be designed to provide a V or dish - shaped channel, to concentrate flow during periods of low water and facilitate the movement of fish. d. Disturbance of the stream bed shall be kept at an absolute minimum, and the stream bed shall be returned as nearly as possible to its original condition, or better. (Where possible, in modifying a stream bed, the center line shall be 8 to 12 inches lower than the toe of the channel bank, to concentrate the flow of water.) e. Where work necessitates disturbing banks, they shall be returned to original condition or they shall be graded to a 1 vertical to 3 horizontal slope, and rip- rapped or planted with suitable grasses, trees and shrubs so as to prevent erosion. All tree and brush removal shall be kept to a minimum. I i i F r1 LJ f. Any dike or cofferdam required to facilitate construction shall be erected in such a manner that stream flow will not be sufficiently reduced to endanger fish life downstream and such dike or cofferdam shall be erected of materials that will not contribute substantially to the turbidity or siltation of the stream. g. During the project, care shall be taken to prevent or reduce to a minimum any damage to any stream from pollution by debris, sediment, or other material, or from the manipulation of equipment and /or materials in or near such streams. Water that has been used for washing or processing, or that contains oils or sediments that will reduce the quality of the water in the stream shall not be directly returned to a stream. Such waters will be diverted through a settling basin or filter before going directly into the stream. h. If water is taken from a stream an impounding structure is nece erected in a manner causing the the stream. i. In all cases involving work in be made to return the stream to • for aesthetic value, water qual for construction purposes and ssary, such structure shall be least possible disturbance to a stream, every effort should the highest possible standard ity and fish habitat. 2. All other work falling within the jurisdiction of Conservation Law, Title 5 of Article 15 shall be carried out only after complying with Part 608 of Codes, Rules and Regulations of New York State and obtaining the necessary permits for the proposed work. NOTE: Emergency Work - See: Part 608.8 (Codes, Rules and Regulations of the State of New York) NOTE: Excavation or fill of navigable waters is not covered under this Memorandum, and a permit is required. See: Part 608.4 (Codes, Rules and Regulations of the State of New York) NOTE: Construction, reconstruction or repair of dams and docks may require a permit. See: Part 608.3 (Codes, Rules and Regulations of the State of New York) Review of Public Works Plans 1. It is understood by both parties thaL the TOWN will keep the Depar` ::ent of Env i ronmental Conservation in orme , through the local permit agent, of all plans and specifications of proposed works that are covered by this Memorandum, and shall make such plans available on request at the TOWN offices. • The local permit agent may make suc recommendations as may be pertinent for the preservation of water quality that will be • -4- consistent with the best interests of the public. All such recommendations shall be within the framework of acceptable engineering practices. 2. It is further understood by agent, upon such notice from complete his review and make to facilitate the project. both parties that the local the TOWN , known his recommendations, Rescission of Memorandum of Understanding permit will so as If the required notification is not furnished or if in the opinion of the Department of Environmental Conservation, the TOWN fails to conform to one or more of the above standards or the recommendations of the permit agent, the DEPARTMENT may unilaterally rescind this Memorandum of Understanding. Such rescission shall be effective upon receipt of written notice by the TOE It is the intent of this Memorandum of Understanding, through the cooperation of both the Department of Environmental Conservation and the TOWN OF DRYDEN to facilitate TOWN public projects, preserve tote fullest the quality of the water resources, and consistent with the best interests of the public. The resolution authorizing the execution of this agreement by the DRYDEN T014N BOARD is made a part hereof. (For) Department of nvironmenta (For) TOWN of DRYDEN Conservation ate Date Mailing Address Town of Dryden 65 E. Main Street Dryden, NY 13053 Permits may be required by the U.S. Army Corps to the attached sheet for additional information. It a Section 401 Water Quality Certification from NYS Section 404 Nationwide Permit from the Corps that has by DEC. mutual works remain of Engineers. Please refer may be necessary to obtain DEC unless you receive a already been pre - Certified r: 'New York State Department of Environmental Conservation PLEASE NOTE The U.S. Army Corps of Engineers regulates the placement of fill and the construction of certain structures in waterways and wetlands. Over recent years, the Corps of Engineers' jurisdiction has expanded beyond those major waterways that were traditionally referred to as "navigable waters." Please recognize that a determination that no permit is required from the New York State Department of Environmental Conservation does not necessarily mean that no per- mit is required from the Corps of Engineers. Likewise, having obtained a permit from the New York State Department of Environmental Conservation does not relieve anyone of the obligation to comply with federal law and regulation implemented by the Corps of Engineers. We recommend that all parties considering constructing projects consult directly with the Corps of Engineers along with other agencies to accurately determine what regulatory requirements will apply to their project. Inquires to the Corps of Engineers should be directed as follows: • CANTON ST. LAWRENCE FRANKLIN United States Army Corps of Engineers Regulatory Branch Buffalo District JEFFERSON ESSEX 1776 Niagara Street Buffalo, N.Y. 14207 LEWIS Telephone (716) 879 -4330 DEC Regions 6, 7, 8, 9 HAMIl1ON WARREN ARREN 2 O NIAGARA OR I ERNS ONEIDA W� O MONROE WAYNE �1r O y FULTON SARATOGA I GENESEE ONTARIO ONONDAGA 2 = O MADISON MONTGOMERY United States Army ERIE WYOMING 30SO YATES ° OTSFOO SC, Corps of Engineers j „� J . CHENANGO NN Regulatory Branch 5 OO �F0.�s a New York District . ♦... ■e.a■ SCHUYIF .`F�Y� y� ALBANY 26 Federal Plaza ♦� CATYARAUGUS AIIEGANY STEUREN S Gp[EHE HEMUNCJ New York, N.Y. 10278 110GA ♦� ♦ RROOME OE`,.11 NF 'F Telephone (212) 264 -0182 y �+ CHAUTAUOUA o DEC Regions 1, 2, 3, 42 5, United States Army Corps of Engineers Dls`ER Regulatory Branch, Pittsburgh District u,LI,vAN S William S. Moorehead Federal Building ° 1000 Liberty Avenue ittsbuigh, PA. 15222 -4186 ORANGE FUTNAM elephone (412) 644 -6872 E} DEC Region 9— Portions of Allegany, Cattaraugus and Chautauqua Counties i LEGEND u... Pittsburgh District - S✓Ft00- Corps of Engineers 1C ?��y GAD (1190) -2a „spt .qo. O8 �rff7 1 l.� 11Ir{ ��r�X ck: _a _► i ,..1.. z (ANRS) O i 1I 'Z d a � i l ayl�it'"�Ir; Or ou - 3 {not► - 'w�� A.trino� %N \j w } ABn lV:) {v� Giv sf ei j U) q c _1 a 2Q ol F.- ua�y Jej� ot Z'8 .e%\ w ce i -IV J DV 1P Imo• � 01, �apn�0 1° )110{ man Aalua:) puu zujoeay p.i.opc{( T au�oj IV sa3uaj;)y aj-101 pue 30 a I IUJJ T ' � o f f I -tG T -t l9-I U E TB6 -14 -94 Page its RESOLUTION #150 RIGHT OF WAY LEHIGH VALLEY RAILROAD COMPANY Clm C. Hatfield offered the following resolution and asked for its adoptions BACKGROUND: The Town of Dryden has developed a linear park along the site of an abandoned Lehigh Valley Railroad right -of -way west of Cornell (formerly C� �t t er i 1 1) Lane for use as a non-motorized walkway. In order to complete the extension of the park from the Village of Dryden to � Will ow Crossing, as shown on the attached sketch, the Town requires use of a section of the former railroad right -of -way west of Cornell Lane acquired by State University in 1982. This portion cif the railroad bed, located at the very tip of the College of Agriculture and Life Sciences Harfi_,rd Teaching and Research Center, runs through a wetland area that is returning to brush and has never been useful to the Center for either agriculture or animal science. The Town would develop and maintain the railroad bed area as a trail for walking, bicycling and horseback riding. The College believes it to be in its best interests t• � allow this alternative public use. The surrounding wetlarjd would remain in its present state as a wildlife refuge. Under Public Lands Law 34, the Commissioner of General Services may transfer ownership of surplus State property to a municipality, in consideration of cane do l lar, when the property is to be used for recreational purposes. The Town of Dryden is required to � make a fi srmal request to the Commissioner of General • Services for transfer of the property. The State University, with the approval of the College proposes to effect such transfer. WHEREAS, the State University Board of Trustees has determined that certain real property hereinafter described is no longer necessary or useful t� � the purposes of the State University and the New York State College of Agriculture and Life Sciences at Cornell for its Teaching and Research Center at Dryden and is desired by the Town of Dryden for recreational purposes; and WHEREAS, the Town of Dryden intends to request the Commissioner of General Services to transfer jurisdiction • •f the property to the Town of Dryden for such recreational purposes; NOW, THEREFORE, BE IT RESOLVED, that the Chancellor, or designee, be, and hereby is, authorized and directed to declare as surplus all that property known as the former Lehigh Valley Railroad Company right-of-way consisting of approximately 3. 189 acres, described as Parcel 1 in the Lehigh Valley Railroad Company Indenture dated November 24, 1982, located in the Town of Dryden, County of Tompkins, pursuant t• � the provisions ins of the Public Lands Law, Section 30 -a and 34 and the Education �n Law, Sections 307 and 355, and to � take a 1 1 steps necessary to � execute and approve in the name of and ors behalf of this Town Board, all documents, notices, maps and any • .t her instruments necessary or proper to effect the dispitiisal of Such property, subject to the approval of the Commissioner of General Services. •2nd C l m Roberts Roll call vote - all voting Yes a � 1 • 7'i TB6 -14 -94 Page 11 FINANCIAL REPORT - available to beard members JUSTICE REPORT - $5,826.00 for the month � �f May RESOLUTION #151 AUDIT VOUCHERS ABSTRACT #106 Clm C. Hatfield Developmental with offered the following resolution and asked for dropped. its adopt 1 Jl't. RESOLVED, that abstract #106 vouchers #382 to #464 for a total of $304,387.10 be paid as audited. 2nd Clm Roberts Roll call vote - all voting Yes; OLD BUSINESS Business exemption - Dryden School changed business exemption to the same as the village and town from one percent to fifty percent. Park toilet update - should be completed by 6- 20 -949 Broome problem Developmental with getting Services on Snyder Hill Rd is having a Health Dept. approval, and the project is dropped. Dryden Lake Police contract has been signed. Lucent e - DOT permit update - more information is needed. Bus shelter at Beam Hill Rd/Route 38 update - should be completed by 6- 20 -940 i Town Beard recessed for executive session regarding Cortland Road ; water district. N� � action was taken after executive session. Adjourned: 9a45PM Susanne Llff�yd Dryden Town Clerk i