HomeMy WebLinkAbout1994-08-23•
TOWN BOARD MEET "ING
AUGUST ;:u, 1994
PUBLIC HEARING
LOCAL LAW #1 - 1994
Supv Schug called the meeting to order at 7anOOPM
Members and quests participated in the Pledge of Allegiance
Roll call was by Town Clerk L 1 oyd
Present e Supv Schug, Clm Baker, Clm T. Hatfield, Clm C.
Hatfield, Clm Roberts, Atty Perkins and Z.O. Slater
Supv Schug read the notice that was published in the newspaper
concerning Local Law #1 - 1994 (copy in minute book)
QUESTIONS AND /OR COMMENTS - none
Closed public hearing 7a.05PM
Atty Perkins - reported the town had received a request from Gina
Kolb to grant her permission to establish a burial ground at 91
Ed Hill Rd for her 5 year old son. (copy in minute book),
Atty Perkins - the town could enter into an agreement where the
owners of the property acknowledge this would be a private burial
ground and under no circumstances would they ever request the
town, and the town would never be responsible for the care,
maintenance, fencing, etc. The town could record this agreement
and make a notation � �n the deed.
Atty Perkins - is satisfied as to the owners of the property,
There should be no permission for any other burials on this
property without first coming to the town board. If they are
establishing a private burial ground for their family under these
circumstances they would have come back to the board in each
case. One of the owners lives i n Colorado. If the board is
willing to do this by agreement and to protect the town is have
the people deposit with the town $2,500,00 unt i 1 the agreement is
received and f1_1ly executed, notarized and recorded at their
expense.
RESOLUTION _ #173 GRANT REQUEST FOR SPECIAL
BURIAL PLOT AT `�1 ,ED MILL ROAD - y_I'OLB
Clm T. Hatfield offered the following resol
its adopt ione
RESOLVED, that this Town Board grant the re
bury her 5 year old son at 91 Ed Hill Road.
authorized to sign the necessary agreer�ier�t,
to be met with the Cemetery Ordinance, and
made to the town for all legal fees, filing
E Vld C 1 m Baker Roll call vote - a 1 1 v� ,t
Ut ion and
quest of
Supv Sch
All reqU
a $,2, 5 (_l (_1.
fees, et
ing Yes
asked for
Gina Kolb to
ug is
irements are
00 deposit be
c.
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NOTICE OF PUBLIC HEARING
0 ON PROPOSED LOCAL LAW NO. 1 OF THE YEAR 1994
LEGAL NOTICE IS HEREBY GIVEN that the Town Board of the Town
of Dryden will hold a public hearing at the Town Hall, 65 East Main
Street, Dryden, New York, on August 23, 1994, at 7:00 o'clock P.M.
prevailing time, to hear all interested persons for or against a
proposed Local Law which would amend Local Law No. 1 of the year
1989 which is entitled "A Local Law Regulating Septage and Sludge
Disposal in the Town of Dryden ". The proposed amendments would
delete the requirement that septage originating in the Town of
Dryden be disposed of only at the Ithaca Area Wastewater Treatment
Plant. The complete text of the proposed amendment to the Local Law
is available from the Town Clerk 65 East Main St. Dryden, New York
13053.
Town Board of the Town of Dryden
by
Sus
91 Ed Hill
Freeville,
August 17,
Rd.
NY 13068
1994
Town of Dryden Board
Dryden, NY
Dear Board Members,
Receive,)
AUG 19 1994
DRYDEN TOWN SUPERVISOR
It is with profound sadness and grief that we make the request
that the town of Dryden permit us to establish a burial site on our
land for the body of my five year old son, Taylor Kolb, who was
killed in a tragic head on collision with a stone truck on August
12, 1994. His life was taken instantly, as was that of his
grandfather. We were visiting his grandfather, Warren Rhodes, in
Boulder Colorado. Somehow I survived the crash and am facing these
massive losses and grief. Though there is no good solution to
where you decide to bury your son, I want his grave to be a part of
my everyday life, as his life was. I do not want to bury him in a
remote location or have only infrequent visitation. No relatives
are buried nearby and r do not have religious affiliation. I want
his remains to exist on our property with the changing seasons and
the wildf lowers .
As you can imagine the process of accepting Taylor's death is
overwhelming. Until yesterday I was not aware that there were Town
•restrictions on burials on private lands, though Y knew the Health
Department had requirements about distances from water sources.
While I respect the intent of the town to limit the establishment
of private cemeteries and burial grounds and your responsibilities
should a place fall into disrepair, I must request your compassion
in granting permission to establish a site on our land for Taylor
to rest.
We are more than willing to address the Town's concerns about
the perpetual care and maintenance of the grounds of this burial
site through the establishment of an endowment account which would
provide the Town of Dryden with sufficient funds from interest to
maintain the site should it ever be necessary. After discussing
this with the town attorney we propose to deposit roughly $2500 in
an account producing interest in the order of $100 /year. We would
permit that interest to become part of the principal until the
principal reached $4000, which would mean the account would produce
more yearly interest to accommodate inflation. Once the $4000
principal is reached we propose that the interest be given to us or
our beneficiaries unless the town was drawing on that interest for
maintenance. This proposal is negotiable and are willing to work
out details with Mahlon Perkins and our attorney.
In regards to the town's second concern about "clouds to the
title of lands" we are aware of and willing to deal with the
•
potential ramifications of this decision for us and our heirs. our
V
ntentions are to remain on our property for the future and we will
make appropriate provisions for our heirs%
• We request that the town grant us permission to establish a
burial ground at 91 Ed Hall Rd, Freeville NY in accordance with
regulations of the town. Ile request that the town permit Taylor's
burial to take place as soon as possible after the meeting of
August 23, 19944 As we have stated above we are willing to comply
with provisions for recordkeeping and maintenance but would not
like the workings out of these to delay the burial and grieving
processe
we trust that the Board will recognize the pain of this
request ,and loss, our willingness to provide the town with
assurances of our responsibility for this burial site, and act with
compassion in granting this request.
sincerely, lalr
Gina Kolb, mother of Taylor Kolb
l
• Anne Rhodes, daughter of warren Rhodes
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MAHLON R. PERKINS
MEMO TO:
FROM
MAHLON R. PERKINS. h C.
ATTORNEYS AND COUNSELLORS AT LAW
?0 NEST MAIN STREET
PO. BOX n7 �n
A C`
DRYDEN, NEW YORK 13053 q/s
August 18, 1994 /wi 0i TELEPHO
( 607) 8 4
Supervisor Schug /sOP
Town Board Members
i
Mahlon R, Perkins, Town Attorney,
re: Establishment of Private Cemetery
91 Ed Hill Road
Enclosed is a copy of the letter from Gina Kolb requesting
permission,to bury her five year old son Taylor on property at 91
Ed Hill Road. Also enclosed is a copy of the Town of Dryden
Cemetery Ordinance.
The major cemetery in the Town of Dryden is Willow Glen. That
cemetery sells single grave spaces for $360. Half of that amount
goes into a perpetual care fund, the interest which is used for
care of the cemetery, and the other half of the money goes into the
general operating fund for the cemetery.
It appears that the proposal for the deposit is sufficient and that
if for any reason the Town is called upon to perform maintenance
under Town Law Section 291 there would be adequate funds available.
On the other hand, I believe it may be possible to draft an
agreement between the Town and the owner of the property that this
one burial could be allowed with the understanding that a cemetery
was not being established and that there would be no more burials
without complying with the terms of the ordinance. The agreement
would provide an express written understanding that it remain a
private cemetery thereby exempting the Town from any expense in the
future. In any event, if the Town goes along with the
p
there will need to be an agreement between the owner ofothe
property and the Town. Issues which the Town may want to address
are fencing, a permanent marker and a map locating accurately the
grave site.
If any of you have any questions, kindly contact me.
v
a
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NEW YORK STATE DEPARTMENT OF STATE
Local 'Law Filing 162 WASHINGTON AVENUE, ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not
use italics or underlining to indicate new matter.
Box Dryden
Town
Yges;
Local Law No, ................... .....................1......... of the year 19 9.....
A local law ..amending Local Law No. 1 of the year 1989
. .................................................... ...........0...................
(Insert Title)
Be it enacted by the .......... T...own . .. Board. . . ... ............................... ........................................ .............................of the
.............
(Name of Legislative Body)
t�g#y
b�t�ac Dryden
Townof ................................................................................................................... ............................... as follows:
killagez
(If additional space is needed, attach pages the same size as this sheet, and number each.)
(1)
DOS -239 (Rev. 7/90)
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1. Local Law No. 1 of the year 1989 entitled "A Local Law
Regulating Septage and Sludge Disposal in the Town of
Dryden" is hereby amended as follows:
(a) Subsections 3, 4 and 5 of Section 1
(Legislative findings and purpose) are hereby
repealed.
(b) A new subsection 3 of Section 1 is hereby
enacted to read as follows:
3. That the disposal of septage or sludge in
the Town could result in serious health
problems for the Town residents and
environmental damage to property and land
within the Town;
(c) Subsections 6 and 7 of Section 1 are
hereby renumbered to be subsections 4 and 5
respectively.
(d) Subsection C of Section 3 (Prohibited
Acts) is hereby repealed.
(e) Subsection D of Section 3 is hereby
relettered as Subsection C.
(f) Section 9 (When effective) is hereby
repealed.
2. This local law shall become effective upon filing as
required by law.
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(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
]. (Final adoption by local legislative body only.)
• hereby certify that the local law annexed hereto, designated as local law No. I of 1994
of the (C " "WY)(3Ci"(Town)(VHKPgi) of Dryden was duly passed b the
Town Board on August 19 in accordance with the applicable y
Name of Legislative Body PP prOV1S1017S Of 1a�v.
U
2. 'assage by local legislative body with approval, no disapproval or repassage after disapproval
by he Elective Chief Executive Officer`.)
I hereby cart
of the (Coun
ify that the local law annexed hereto, designated as local law No.
t (C ity)(Town)(Village) of was d
on 19 and was (a d d'
ame of Legislative
disapproval) by the
t...o ,ra .,n'ei c.xecuave kjnicer-)
in accordance with the ap icable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annex
of the (County)(City)(Town)(Village) of
on
Name of Legislative Body
disapproval) by the
pprove )(not sapprove
and was deemed duly adopted
hereto, designated as
19 —, and
of 19_
passed by the
)(repassed after
19 ,
�Ylaw No. of 19
was duly passed by the
(approved)(not disapproved)(repassed after
19_ Such local law was
submitted to (lie people by reason of a (mandatory)( rm" sive) referendum, and received the affirmative
vote of a majority of the qualified electors voting ereon a the (general)(special)(annual) election held on
19_, in accordance with the plicable piov' ions of law.
4. (Subject to permissive referendu
referndum.)
nd final adoption because no vali> petition was filed requesting
I hereby certify that the locaVa annexed hereto, designated as local law No.
of the (County)(City)(Town lla ge) of
ame of Legislative
disapproval) by the
on 19 —, and was (approved)(not d
tive Officer
on
of 19
was duly passed by the
proved)(repassed after
19_. Such
permissive ref endum and no valid petition requesting such referendum was filed as of
in accordan with the applicable provisions of law.
I law was subject to
19 ,
'Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a
county -wide basis or, if there be none, the chairman of the county legislative body, the mayor of a city
or village, or the supervisor of a town where such officer is vested with the power to approve or veto local
• ..zws or ordinances.
(2)
I
(City local law concerning Charter revision proposed by petition.)
hereby u tify that the local law annexed hereto, designated as local law No.
f
of 1
o the Clty o having been submitted to referendun rsuant to
the provisions of sec ' (36 )(37) of the Municipal Home Rule Law, and having received tlI Irmative vote
of a majority of the quali I electors of such city voting thereon at the (special)(ge1 election held on
19 became o tive.
• (County local law concerning adoption of er.)
1 hereby certify that the local law a ed hereto, designated as loc w No. of 19
of the County of State o w 7Ylork, having been submitted to
the electors at the G al Election of November 19 pursusubdivisions 5 and 7 of
section 33 of lunicipal Home Rule Law, and having received the affirmatte a majority of the
qualif e ectors of the cities of said county as a unit and of a majority of the quafied ele s of the towns
said county considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropritate certification
I further certify that I have compared the preceding local law with the original on file in this office and that
the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted
in the manner indicated in paragraph 1 , above.
(Seel)
Date: August 24, 1994
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF Tompkins
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper
proceedings have been had or taken for the enactment of the local law annexed harstn_
0
ignaLure Mahlon R. Fe
Town of Dryden Atto
a ..
(3ky
of
Town
• S•'
Dryden
1,1
Date: August 24, 1994
(3)
t'sq.
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RESOLUTION 113 Negotiated Work Plan Support
WHEREAS, the staffs of the Town and the S.C.L.I.W.C. have
developed a summary of services provided to the Town by
S.C.L.I.W.C., documented as the August 5, 1994 Negotiated Work
Plan from S.C.L.I.W.C.; and
WHEREAS, the August 5, 1994 Negotiated
S.C.L.I.W.C. services are provided at
Town and Which S.C.L.I.W.C. services
and,
Work Plan specifies which
no additional cost to the
are billed to the Town;
WHEREAS, the August 5, 1994 Negotiated Work Plan additionally
specifies other improvement, replacement, operation and
maintenance responsibilities of the Town; and,
WHEREAS, the August 5, 1994 Negotiated Work Plan shall not be
legally binding on either the Town or S.C.L.I.W.C., and,
WHEREAS, periodic changes to the Negotiated Work Plan will
occur, some immediately implemented, an annual confirmation of
support for similar letter of understanding will be requested;
and,
WHEREAS, it is believed to be in the best interest of the Town
to formally support the August 5, 1994 Negotiated Work Plan
NOW THEREFORE, BE IT RESOLVED by the Town Board that the Town of
Dryden formally support the August 5, 1994 Negotiated Work Plan
from S.C.L.I.W.C.
Adopted this c7)3A c day of 1994, at a Special Meeting of
the Town Board by a unanimous ote.
APPROVED.
ATTEST.
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TB8 -23 -94 Page B
Atty Perkins - reported on S. Lucente /sewer, permits - the
• original order which established Dryden Sewer Dist. #1 - he has
reviewed the map in the file, tax neap, information, agreement and
correspondence with the Village of Cayuga Heights. It is his
opinion that there will be no area served by the sewer unless it
is totally within the boundaries of the sewer district. There
would have to be negotiation with the Village of Cayuga Heights.
Mr. Lucente' s proposal is where part of the l ot is out � �f the
district.
Supv Schug_ -
board members
have
copy of
letter
he sent to
the
state
regarding
Buck
Engineering
and lead
paint
removal on
West
Dryden
Community
Center.
l• mowing
Since the
town
owns the
building
and we
can't
the grant
historic
fix the
money
buildirig.
foundation
back
and
and Put
board up
a roof
the
on we alight
building
have to
since it is
turn
a
Supv Schug - wanted to thank the highway crew for all the
cooperation that was given after the tornado went through the
village.
• Supv Schug - regarding Johnson
the reason for the town to take
limits would be so the weight 1
ton weight limit on the road an
Deputy Hwy Supt Park. - Johnson
approaches to the bridge are al
Road and the Village of Freeville
over the read within the village
imit could be lifted. There is a 5
d no weight limit on the bridge.
Road has been resurfaced and the
1 in good shape.
Supv Schug - reported that the village board is holding a public
hearing to remove the weight limit on Johnson Rd. He would like
some � �f the board members to attend the meeting.
Atty Perkins - will draft an agreement and send it to the highway
department and board members for review.
Supv Schug - board members received copy of Town of Danby's
resolution regarding opposition to county handling of the
Sheriff's budget. No action taken.
RESOLUTION #175 NEGOTIATED WORK PLAN
Clm T. Hatfield offered the following resolution and asked for
its adoptiona (copy in minute book)
2nd Clm Roberts Roll call vote - all voting Yes
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RESOLUTION
#174
ADOPT
LOCAL
LAW #1
- 1994
Clm
Baker
offered the following
l• mowing
resol
ut ion and
asked for its
adoptions
(copy
in
minute
book)
`nd
Clm C.
Hatfield
Roll
call
vote
- all
voting `des
Supv Schug - wanted to thank the highway crew for all the
cooperation that was given after the tornado went through the
village.
• Supv Schug - regarding Johnson
the reason for the town to take
limits would be so the weight 1
ton weight limit on the road an
Deputy Hwy Supt Park. - Johnson
approaches to the bridge are al
Road and the Village of Freeville
over the read within the village
imit could be lifted. There is a 5
d no weight limit on the bridge.
Road has been resurfaced and the
1 in good shape.
Supv Schug - reported that the village board is holding a public
hearing to remove the weight limit on Johnson Rd. He would like
some � �f the board members to attend the meeting.
Atty Perkins - will draft an agreement and send it to the highway
department and board members for review.
Supv Schug - board members received copy of Town of Danby's
resolution regarding opposition to county handling of the
Sheriff's budget. No action taken.
RESOLUTION #175 NEGOTIATED WORK PLAN
Clm T. Hatfield offered the following resolution and asked for
its adoptiona (copy in minute book)
2nd Clm Roberts Roll call vote - all voting Yes
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TBB -23 -94
Rage 3
Z.O. Slater, - reported there is an unauthorized auto � repair shop
• on Route 38 and he refuses to apply for the special permit. He
has ignored all of his correspondence to comply. Henry said he
has been aware of this since May and has tried to make him
comply. He sent him a letter stating that if he didn't hear from
him by August 23rd he was going to ask. the board to approve an
order of enjoinment, and he has not heard from him,
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RESOLUTION #17E_ AUTHORIZE _AN INJUNCTION TO ENJOIN
BRIAN LANE. tC CHARLOTTE M{ORGAN - - PARCEL #237 -1 ^0.
Clm Baker offered the following resolution and asked for its
adoption=
- Cooperative Extension
letter to have
They have
is
the county
m oney from
Perkins
Town Board to
New Future
Foundation. He
wanted
- Turkey
know
RESOLVED,
that this
sUppOrt ing their
Town Board
aUt hor i
ze At t y
Perkins to �
prepare
an injunction
to
enjoin
against
Brian
Lane and
Charlotte
Morgan
(parcel #23-1-25.9)
from continuing
inuing t� �
have an
Unauthorized
auto
body repair
shop
until
he has
applied
for and
received a
special
permit.
2nd Clm Clm Roberts
Atty
- Cooperative Extension
letter to have
They have
is
the county
m oney from
Perkins
Town Board to
New Future
Foundation. He
wanted
- Turkey
know
Hill
only
sUppOrt ing their
efforts.
one
left
to receive.
Roll call vote - all voting Yes
water /sewer r -o--w easement - he has
Supv Schug
support by
Rural Alliance.
- Cooperative Extension
letter to have
They have
is
the county
m oney from
asking the
board fund the
the Kellogg
Town Board to
New Future
Foundation. He
wanted
to
know
how the board
felt in
sUppOrt ing their
efforts.
Clm Roberts - wanted to know what they would be using the m oney
for before he made any decision.
Supv
Schug
- said
he
would
find
letter
with
the
boards
decision.
Adjourned= 8 e 00PM
Susanne Lloyd
Town Clerk
out more information and write a
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