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HomeMy WebLinkAbout1995-07-11• • • TOWN BOARD MEETING JULY 11, 1995 Supv Schug called the meeting to order at 7:3OPM Members and guests participated in a moment of silent meditation followed by the Pledge of Allegiance. Roll call was by Town Clerk Lloyd: Present: Supv Schug, Clm C. Hatfield, Clm Roberts, Atty Perkins and Z. 0. Slater Absent: Clm Baker and Clm T. Hatfield Supv Schug appointed Clm C. Hatfield and Clm Roberts to audit the general bills. CITIZENS PRIVILEGE OF THE FLOOR Mr. Paolangeli - had a request to rent his property on Hall Road to RETEC. Supv Schug - It is not absolutely necessary to have a public hearing since the property for the request is not boarded by any other zone. Mr. Kreitinger representing RETEC - they plan on using the warehouse to collect, prepare and redistribute soil samples for scientific environmental research. They plan on using the office space for administrative and technical work. They will employee about 3 people. (copy of proposed site use in minute book). Supv Schug - you are not going to be bringing in tons of dirt and dumping it on the warehouse floor. Mr. Kreitinger - the intent is to collect 20 tons of soil total. There will be samples from different locations around the United States. They will have to spread the soil out to sieve and screen it so it can be homogenized and blended for samples. Supv Schug - so if a ton comes in a ton will go out. Mr. Kreitinger - that is correct. Supv Schug - scheduled a public hearing for August 8th at 7:45PM COUNCILMAN PRIVILEGE OF THE FLOOR Clm Roberts - would encourage the county to reinstate whatever maintenance plan they had from previous years for the repair of bridges. / jd/ TB7 -11 -95 Page 2 •Supv Schug - which has been none, that is why the bridges are falling apart. The town does not have any bridges that are in trouble. We have one bridge that is scheduled to be worked on in 2 years. The letter in the law should be a case brought by one of the other towns with closed bridges. Clm Roberts - it is still part of our problem because we pay county taxes. Supv Schug - sent board members a copy of Lansings resolution. Lansing should be the town that should go after the county because they now have 2 bridges out. Atty Perkins could draw up a resolution along the lines of the Lansing agreement. Clm Roberts - wanted to know the status of the request from Judge Clauson regarding security during Monday night court. Supv Schug - has not received any information back, from Judge Clauson. ATTORNEY Howser vs Lok Culvert under Recreation Pa •WDCC transfer Disposal of C & Lim - no Mott Road - rtnership - no change & D debris change no change no change matter for executive session. Atty Perkins - the Town Board authorized Supv Schug to negotiate with Mr. Tuttle for the purchase of 1 acre of his property for parking for the town hall. After extensive negotiations and discussions and the threat of eminent domain proceeding Mr. Tuttle has finally agreed to accept the town's last offer of $8,000.00 for the purchase of 1 acre of property. The board previously authorized the Supervisor to negotiate that sale. In the process of the eminent domain proceeding the board authorized a survey to be prepared and work has begun on that. I have an offer of purchase which has been signed by Mr. Tuttle. I would like the board to authorize the supervisor to sign on behalf of the town. RESOLUTION #180 PURCHASE OF PROPERTY FROM MR. TUTTLE Clm C. Hatfield offered its adoption: RESOLVED, that this Town necessary documents for not to exceed $8,000.00. 2nd Clm Roberts the following resolution and asked for Board authorize Supv Schug to sign all the purchase of property from Mr. Tuttle Roll call vote - all voting Yes Atty Perkins - unsafe structure on Cortland Road - board members have copies of his report. If the board adopts a resolution you will start the process to comply with the removal and demolition of this structure. The procedure is after the resolution is I • U 26 HALL ROAD PROPOSED SITE USE About RETEC RETEC is an employee -owned environmental engineering, consulting services company with offices located throughout the United States. Founded in 1985, the company has specialized in environmental engineering site investigations, regulatory compliance audits and consulting, engineering design, construction management and environmental technology research and development. RETEC employs approximately 325 professionals which include engineers, geologists, hydrogeologists, environmental scientists, technicians, and administrative staff. RETEC opened its office in Ithaca in January 1993 and currently employs a staff of ten professionals. Activities to be Conducted at 26 Hall Road RETEC is a technology -based environmental engineering firm which in addition to our core consulting engineering business, provides contract research and develop - ment for industrial trade organizations, governmental agencies and private companies. RETEC has been selected by the Gas Research Institute (GRI) to organize and initiate a multi -year research program. On behalf of our client, RETEC will be collabo- rating with a broad group of academic, governmental and industrial organizations including Cornell University, the Petroleum Environmental Research Forum, the American Petroleum Institute, the United States Department of Energy, the United States Air Force, the United States Environmental Protection Agency and the National Academy of Sciences, among others, during the course of this research. As part of this i M national research program, RETEC will be collecting soil samples from across the United States and Canada. The warehouse facility will be utilized to store, prepare and re- distribute soil samples to the research laboratories and facilities collaborating on this research project. Approximately three people will be employed while work is being performed at the site. Traffic at the site will be limited to occasional shipments of soil samples. Hours of operation will be approximately 8:00 am to 6:00 pm, Monday I through Friday. We at RETEC are excited to be able to bring a research project of this 4 nature to the Town of Dryden. i G 0 • RESOLUTION NO. 181 (1995) Councilman Roberts offered the following resolution and asked for its adoption. WHEREAS, the Town Board has received and considered a report from Henry M. Slater, the Code Enforcement Officer, with respect to a barn on the premises at 80 Cortland Road (Town of Dryden Tax Map Parcel #36 -1 -19.1 and 19.2), and WHEREAS, Local Law No. 2 of the 1981 provides for a procedure to compel the repair or removal of unsafe buildings and collapsed structures, and WHEREAS, prior attempts to encourage and require the removal of said unsafe and collapsed structure at said address have been unsuccessful; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD AS FOLLOWS: 1. The Town Board finds that barn at 80 Cortland Road (Town of Dryden Tax Map Parcel #36 -1 -19.1 and 19.2) is unsafe and dangerous due to its collapsed condition; and 29 Said barn shall be demolished and removed. BE IT FURTHER RESOLVED AND IT IS ORDERED THAT: That a notice pursuant to Section 6 of such local law shall be served upon David Macknee as provided in Section 7 thereof, said notice to be in substantially the following form: 1. The premises barn which is the subject of this notice are located at 80 Cortland Road in the Town of Dryden, County of Tompkins, State of New York, Town of Dryden Tax Map Parcel #36 -1- 19.1 and 19.2. 2. The barn at said address is unsafe or dangerous in that it has collapsed and is in danger of further collapse and is unfit for any lawful purpose. 3. Said building is to be demolished or removed in accordance with all applicable provisions of such local law or other local laws and ordinances of the Town of Dryden and the County of Tompkins and the provisions of the New York State Uniform Fire Prevention and Building Code. 4. Such demolition and removal of the building or structure shall commence within 30 days after service of this notice upon David McNamee and shall be completed within 60 days thereafter unless for good cause shown such time shall be extended. 5. The Town Board of the Town of Dryden will hold a hearing in relation to such dangerous and unsafe building and structure on • August 8, 1995 at the Town Hall, 65 East Main Street, Dryden, New York 13053 at 7:30 p.m. prevailing time to hear all persons including David McNamee regarding the order of the Town Board requiring the demolition and removal of such building and structure. 6. In the event of the neglect or refusal of said David McNamee to comply with this order of the Town Board to demolish and remove said building or structure, the Town Board is authorized to provide for such demolition and removal and to assess all expenses thereof against the land on which it is located and to institute a special proceeding to collect the costs of demolition including legal expenses. Seconded Councilperson II C. Hatfield Roll call vote - all voting Yes TB7 -11 -95 Page 3 passed a copy is filed with the Tompkins County Clerk. A copy of the notice called for in the resolution is served upon the owner. The town board would hold a hearing on August 8th to hear any reasons why he shouldn't be required to demolish the property. Demolition must commence within 30 days from the date of service of the notice upon the owner and must be completed within 60 days. If this is not completed within the 60 days then the town has authority following our procurement policy to demolish the building and assess the cost to the tax bill. RESOLUTION offered the #181 resolution and asked for its adoption:, UNSAFE STRUCTURE TAX MAP #36 -1 -19.1 Roll call vote - all voting Yes & 19.2 CORTLAND ROAD Clm Roberts offered the following resolution and asked for its adoption:, (copy in minute book) 2nd Clm C. Hatfield Roll call vote - all voting Yes ENGINEERING Turkey Hill water and sewer is complete and the systems are working. Dave Putnam - needs a change order for Turkey Hill water /sewer. RESOLUTION #182 APPROVE CHANGE ORDER FOR TURKEY HILL WATER & SEWER DISTRICT Clm C. Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board approve the change order as they stand for the Turkey Hill water and sewer district. 2nd Clm Roberts Roll call vote - all voting Yes Dave Putnam - NYSE &G tank inspection - they have a contract with TCI to inspect the tank, but no date has been set for the inspection. RESOLUTION #183 BOND BACK TO BAT -CON Clm C. Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board authorize Supv Schug to release the bond to Bat -Con and upon the recommendation of Attorney Perkins hold back #10,000.00 from the final payment to cover uncompleted items. 2nd Clm Roberts Roll call vote - all voting Yes ZONING OFFICER Monthly report given to board members llb TB7 -11 -95 Page 4 •Z. 0. Slater - Cortland Paving - gave board members information regarding Cortland Paving received from neighbors and are willing to testify if need be for the illegal use of the site. (copy of information in minute book). • • Z. 0. Slater - Dedrick's fruit stand - the signs have not been put up yet, but he has not received any complaints or problems with the parking there. HIGHWAY SUPERINTENDENT Joan Portzline - regarding Baker Hill Road - Robert Eastman owns property at the end of Baker Hill Road. Apparently part of Baker Hill Road was abandoned and was never designated. Went over the tax map with the board members. Robert Eastman is requesting the town board designate the town road to where the second gate is. He did not care if the town put any money into that portion of the road that is existing or to upgrade it. He would be happy if you just designated the last 68 feet and call it a town road, but have it as a seasonal use road. Mr. Eastman is not asking for any more maintenance than what you are now doing. He wants just a definition as to where the road ends. Mr. Eastman has 48 feet and I taped with Don Gilbert several times 190 feet on the east side of the road. If he sells the parcel right now no other houses can be constructed on that parcel of land. If they get the extra 68 feet he can resell this parcel with the understanding that if somebody wanted to build a house they could resell one house and have one other legal size building lot. It is close to 100 acres. Right now there is 100 acres and only enough road frontage for one house. Mr. Eastman's barn sits between what was the town road and the natural gas line. Mr. Eastman put up the gate that is there now. He indicated where he wanted the town to abandoned it. Since there is not a clear definition I don't see why the road can't be extended to where his gate is and declare it a seasonal use road. Supv Schug - even though it is a seasonal use road and someone builds there the town would have to maintain the road year round. Joan Portzline - the only other alternative would be to go to the ZBOA for a variance. I have made many phone calls to the town and Attorney Perkins to find out any information as to when the road was officially abandoned and there are no records. Atty Perkins - wanted to know how long it has been since Mr. Eastman gated the road in 2 places. Joan Portzline - did not know. The current tax map does not show that the road is abandoned. Supv Schug - this should be looked into and find out for sure if this road has been abandoned. //I a I I Date: Tom • From Sub. July 5th, 1995 James Schug, Dryden Town Supervisor Henry M. Slater, Zoning & Building Code Enforcement Off. June 795 Building & Zoning Activity Report Dear Jim: Building Permits. During the month of June 195, our department issued 26 Building Permits which are described as follows. A -1 Single Family homes: (6) A -i Site built new starts (5) A -1 Replace Fire Damaged Home (1) A -1 Extend, Renovate or Repair Existing homes (4) A -1 Replace non - conforming Mobile home with conforming home (1) A -1 Relocate conforming Mobile Home (1) 13-1 Erect Multifamily Home Structure (2) (1) 7 Dwellings & (1) 6 Dwellings C -4.1 Erect or Rebuild Private Garage (8) (7) - Residential & (1) - Farm C -7 Miscellaneous Decks & Swimming Pools (4) Certificates of Occupancy and Compliance • Certificate of Occupancy (19) Temp / Conditional Certificates of Occupancy (0) Certificate of Compliance (4) Public Inspections, Fire Safety Multiple Residence Facilities (1) Business Facilities (2) Home Day Care Facilities (0) Fire Investigations for the Month of June (0) During June 195 the ZBA did not meet. The Planning Hoard did for,the sole purpose of reviewing the Peregrine Hollow prior approved Phase One request to develope Phase One as 1A & iB. The associated costs of construction, municipal water, sewer and roads or bonding these costs was more than the developer, could handle at the present time. Based on both our engineering and the developers engineering analysis; the Planning Board agreed and developed a new approval. Please not meeting, I Planning B versed on Peregrine e, as you' l l requested t oard Meeting the associat Hollow, I as re hat ed SLIM call, at the Ju Attorney Perki Since Attorney costs and relat ed his guidance ne Town Board ns be present for the Perkins was very well ed aspects of would be a valuable I i I • June 995 Activity Report Page Two asset in preparing a New phase agreement. With his assistance, the review was very well covered. Without Attorney Perkins, I fear the resulting conditions would have been less than adequate. At this time, I would like to thank Attorney Perkins for his participation and expertise in handling the Peregrine Hollow Phase One review. Very truly yours, Henry M. 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In concept, the clerks found no fault with the new software package for tax collection and reporting, of Town And County Taxes. However, it is our understanding the purchase of a new tax package is contingent on adding the Mad -waste fee to the Town and County Tact Bill with hardware purchased with solid waste funds. At a special meeting of the Tompkins County Town Clerks Association on July 6, 1995 the County proposal to add the solid waste fee to the tax bill was addressed, We are seeking answers to the following questions: 1) Can a. Town Clerk/Tax Collector legally collect a fee for tho County? 2) Can Towns keep the solid waste fees they collect and apply them toward the collector's warrant? 3) IN this discriminatory to residents who choose to pay by installment? Residents making a payment of taxes in full can refuse to pay the solid waste fee with their tax payment. Thoso who choo a to pay by installment w not offered this option as the fee is included in the Inslal lment. Q,Is -e.. o �,G 7 TB7 -11 -95 Page 5 Atty Perkins - you can stand on the fact that this road has been abandoned through non what,he has done by user. Mr. Eastman is now putting up the gates. The asking town to undo put a turn !, around near his gate where he wanted it and now he wants to move the gate further up If you build another the road 68 feet, build another turn around and move the road turn around. another 68 feet to undo what he has done than he will get another building lot. I Atty Perkins - You need numbers from fixed points. If he put the gate there at the end of his property then that is were he figured the road was abandoned. If the board wants to accommodate Mr. Eastman you can do a qualified road abandonment from that point beyond. The board could request Mr. Eastman to provide a sketch that will show all of the details as to where the gate is now and where he would like it moved to. Supv Schug - requested Dave Putnam to check on this matter in an amount not to exceed $200.00. Yellow Barn Road, Caswell Road & Hile School Road - no change Dumping at Clarks storage - executive session RESOLUTION #184 AUTHORIZE HIGHWAY SUPERINTENDENT • TO ATTEND HIGHWAY SEMINAR Clm Roberts offered the following resolution and asked for its adoption: RESOLVED, that this Town Board authorize Hwy Supt Gilbert to attend highway seminar and to pay expenses not to exceed $400.00. 2nd Clm C. Hatfield Roll call vote - all voting Yes CORRESPONDENCE Dryden Lake Police report for the month of June NYMIR report - available to board members DISCUSSION NYSE &G poles in front of town hall - estimate of $20,000.00 to move the 3 poles. Clm Roberts - felt the board should wait and maybe sometime NYSE &G will have to move them. Supv Schug - a plotter and RAM for mapping which will bring the computer up to 64K in the amount of $7,871.00 for the plotter and just over $2,000.00 for the RAM. I would like a resolution not to exceed $10,000.00 for the plotter and RAM. This will enable us • produce the official town map, zoning and election district maps. This map will also show private, town, state and county roads. i I I TB7 -11 -95 Page 6 ID Clm Roberts - wanted to know if this map program will last since programs are upgraded every year. Once we invest and buy the program will that be enough or are we going to have to another program next year. Supv Schug - we only need 40 RAM, but they only come in two 32 RAMS so we will continue at the same rate of have the $9.60 additional hour for a 40 RAMS that are required. RESOLUTION #185 AUTHORIZE THE EXPENDITURE FOR A PLOTTER AND RAM Clm Roberts offered the following resolution and asked for its adoption: RESOLVED, that this Town Board authorize the Supervisor to purchase a plotter and RAM for mapping in an amount not to exceed 51010000000 2nd Clm C. Hatfield Roll call vote - all voting Yes Supv Schug - since Jack Park is retiring as Deputy Hwy Supt. and taking accumulated vacation we have not been able to assign the Deputy Hwy Supt even though Randy Riker is the first assistant deputy highway superintendent, and doing a fine job. RESOLUTION #186 APPOINT DEPUTY HIGHWAY SUPERINTENDENT - Randy Riker • Clm C. Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board, upon the recommendation of Highway Superintendent Donald Gilbert, appoint Randy Riker as the Deputy Highway Superintendent. 2nd Clm Roberts Roll call vote - all voting Yes Supv Schug - would like a resolution to appoint Teri McFall as town purchasing agent and administration assistant to the highway department as recommended by Hwy Supt Don Gilbert. Clm Roberts - is that going to be a certain number of hours per week. Supv Schug - 40 hour a week, which is a full time job. Clm Roberts - she was already doing something else though. Supv Schug - she has already been doing this, but never given the title. Clm Roberts - wanted to know if we were going to continue at the same rate of payment of $9.60 per hour for a 40 hour week. Supv Schug - yes. Clm C. Hatfield - wanted to know who was doing this before Teri started. TB7 -11 -95 Page 7 Supv Schug - Randy Riker was doing this until Jack retired. Larry Sponagle has also taken an interest in this. RESOLUTION #187 APPOINT TOWN PURCHASING AGENT ADMINISTRATION ASSISTANT in - Teri McFall this program. Clm C. Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board appoint Teri McFall as the Town Purchasing Agent and as the Administration Assistant to the Highway Department as recommended by Highway Superintendent Donald Gilbert at the rate of $9.60 per hour for a 40 hour work week. 2nd Clm Roberts Roll call vote - all voting Yes Supv Schug - purchasing program to be discussed. I would like the boards approval to move forward in implementing this program. Clm Roberts - this would cover any purchases by any town personnel. Supv Schug - yes, for all the town purchasing other than state bids or things like utility bills, water and sewer. Those bills will continue to come to the board members, but will not have a purchase requisition. This program will comply with the State • Comptroller and make it easier on everyone concerned. RESOLUTION #188 PURCHASING POLICY & PROCEDURES Clm C. Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board authorize Supv Schug to review with town personnel purchasing policies and procedures to I mplement a purchase order system. 2nd Clm Roberts Roll call vote - all voting Yes FINANCIAL REPORT - available to board members JUSTICE REPORT - $14,738.00 for the month of June Supv Schug - received information from Town Clerk Lloyd regarding the county's request to have the solid waste fee put on the town and county tax bill and tax collector collect the fees for the county. There are 3 different questions the county as not answered yet as to the legality. (copy in minute book). Atty Perkins - thought the questions should be answered first, before any agreement is made with the county. I I TB7 -11 -95 Page 8 Marc Purdy - discussed with board members relief for the Turkey Hill water /sewer district. The complaint that I have is with the way the land that I own is situated. The gullies that are marked on my map make it very difficult to develop anything in that area. When I purchased the property from Mr. Clark it was not my intention to develope this land. Unfortunately when I purchased this land I was not informed of the proposed water and sewer district. When I was looking at the taxes I was looking at about a $700.00 for county tax for this and is about 81,000.00 for my house. Now that the water and sewer district is in I am paying an additional 82,500.00 for my land and another $1,200.00 for my house. My main complaint is the way the water and sewer district was laid out. It really benefits people with road frontage or located near the water and sewer to be hooked up to. I have a problem with the way the calculations have been made. I was not planning on developing this area since it was going to be used as a buffer area. I could look and try to sell it to some developer, but I am not sure if anyone would be interested at this time. I am looking to see if the board would consider another method for calculating how the fee is arrived at for someone who owns vacant land that does not have direct access to the system. To me the water and sewer system serves the people who have access to it. It doesn't serve someone who has property located 500, 600 feet away or more. iSupv Schug - your property does access the water and sewer. Marc Purdy saying the - yes Town in a certain location, of Ithaca has so many I realize that but I am feet away from the road is calculated at a lower rate because of that. Supv Schug - they have a town wide water and sewer district. I have asked the Town of Ithaca to give us their breakdown. The formula can be changed at budget time, but you have a certain amount of money that has to be raised. Marc Purdy - would like some type of relief for the area that is difficult to develop. I don't have a problem with paying for something that is accessible. Supv Schug - I have gone through the formula with a half dozen scenarios and we can keep looking. When I receive the information from the Town of Ithaca we can check that out. You have put in water and sewer connections down the road. Marc Purdy - for a possible 2 lots with road frontage of 247 feet. Atty Perkins - the requirement would be you could build on 80 foot lots. You don't want to, you want to live there and have a nice big protected area, but the benefit is to the property not ® to the individual. The property is benefited and it becomes more of a personal problem than a problem related to the property. You can still get 2 or 3 other building lots out of it. i • TB7 -11 -95 Page 9 Marc Purdy - right, but the that is what is killing formula is adopted him. sewer is for people to hook mind for potential use down put a lot of money into road majority of it is the acreage and To me the intention of the water and up to. The district was not kept in the line unless somebody wanted to s and water and sewer lines. Supv Schug - there are already people planning to do that in parts of the existing water and sewer district. Marc Purdy - so there is no way the town has done any type of relief for anyone in the district. Atty Perkins - relief can't be granted on individual case by case basis. It is only based on whatever formula is adopted at budget time. Marc Purdy - I am not saying I want complete removal from that, I am looking for an adjustment that seems sensible. I don't mind paying my share, but what is difficult for me is the formula. Recessed for executive session 9:OOPM Reconvened at 10:30PM and the following action was taken. RESOLUTION #189 AUDIT ABSTRACT #107 Clm C. Hatfield offered the following resolution and asked for its adoption: RESOLVED, that abstract #107 be approved with the exception of voucher #511, #555, #581 and #582 be approved. Voucher #502 to #584 for a total of $340,590.67. 2nd Clm Roberts Roll call vote - all voting Yes Adjourned: Susanne Lloy Town Clerk 11:OOPM /Ra P