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HomeMy WebLinkAbout1996-04-09• • TOWN BOARD APRIL 9, MEETING 1996 Supv Schug called the meeting to order at 8:25PM Members and guests participated in a moment of silent mediation followed by the Pledge of Allegiance Roll call was by Town Clerk Lloyd: Present: Supv Schug, Clp Grantham, Clp T. Hatfield, Clp C. Hatfield, Clp Roberts, Atty Perkins and Z.O. Slater APPROVAL OF THE MINUTES Motion was made by Clp Roberts and 2nd by Clp T. Hatfield that the minutes of the Town Board meeting held 12- 27 -95, 1 -9 -960 2- 13 -964 2- 27 -96, 3 -5 -96, 3 -12 -96 and SP2 -27 -96 be approved. Carried COUNTY BRIEFING Co. Rep. Lane - reported the county board considered the resolution for the FEMA money for the Virgil Creek Dam project which would have been an alternate source of funding in the event the PL566 money wasn't available in the future. Since then the village and town went ahead with that. Also, the county has been notified by FEMA that those monies listed under the hazard mitigation grant program can not be used to duplicate eplace other federal funds whether or not those funds are appropriated and /or available. In addition the funds may not be used when another federal agency has a project jurisdiction. What they are telling us is different from what they originally told us. The answer is the money will not be available. The county is still pursuing the PL566 money. We need 1.8 million dollars to do a first year of a two year phasing. The county has $750,000.00 at the present time so we are looking at a little more than one million to get that first year started. Co. Rep. Evans - even though the county has the $750,000.00 that is not enough to do anything, and the danger is if we don't secure the other funding it will be given to some other county or some other state to use. I think that would be a disaster. My understanding is Senator D'Amato is willing to put this on as a rider to some bill and try to get it through that way& tal committee is still Co. Rep. Evans - the health and environmen looking at a proposal to deal with streams. There should be a proposal to share the cost of fixing streams on private lands between the municipality, and the county. I believe the county is going to put in a letter of intent to secure the money. Co. Rep. Evans - the county planning is going ahead on the mental health board to set up a drug abuse emergency hot line. The county will probably fund that and the suicide prevention will operate its V is TB4 -9 -96 Page 2 1 Co. Rep. Evans - the electronic future committee will be prepared • to start bringing reports to the county board by July. The goal of that committee is to set up and wire every unit in the county for television, voice communication and high speed data. I hope we can have a partnership and perhaps share the costs. If we can't we will have to look closely at a business share agreement. Supv Schug - Co. Rep. Totman was the only one the county budget because he was unhappy with forth the Dept. of Social Services, the depar largest costs. He asked questions as to where how much do we have to spend, are we spending questions were never answered. who voted against the county putting tment with the the money was going, it wisely. These Co. Rep. Totman - when I first brought this up there was a lot of talk about the county spending money on taxis taking people to doctors not in the area. The county has stopped this and have saved over $120,000.00. My question was why aren't we cutting these costs down when they are doing it in other parts of the state. At the present time they are working on this since this is the biggest expenditure in the county budget. Supv Schug - questioned the 911 since we are getting charged for it and nothing is happening. Co. Rep. Totman - Tompkins County is trying to save the • $300,000.00/5400,000.00 NYNEX hook up charge for the data by doing it in house. As I understand it there is a $30,000.00/540,000.00 in service charges a year for updating this file. Tompkins County has done this in house and NYNEX refuses to accept this because they want it to go across their lines so they can get the revenue from it. The safety committee went to Albany and met with the legislatures and they were assured that the county was right, but they couldn't get NYNEX to make a commitment. Co. Rep. Evans - if we were successful with the electronic future proposal it would be a lot easier with the 911 because every phone would have some kind of an electronic fixed address. The system would work under that rather than a telephone number. Once you have built your file under that kind of a concept the maintenance is relatively inexpensive and remains pretty accurate. CITIZEN PRIVILEGE OF THE FLOOR Avery Park - submitted a petition and a map to the Town Board requesting to rezone part of the MA zone on Baker Hill Road. Currently everything on Baker Hill Road is residential and all of the neighbors are in favor of this change. I own property on Baker Hill Road and there is an arbitrary line through the property were part of it is in the MA zone which means commercial. There is no commercial entity on Baker Hill Road and never has • been. It is strictly residential. This is a problem for the neighbors and will be a problem in the area if it is continued as a MA classification. I don't think the Town of Dryden would want i PETITION TO: TOWN OF DRYDEN Statement of Purpose, To have an existing residential area properly rezoned from R-114 and M -A to an R -D Zone reflecting the current use and practical needs of the future by simply connecting to an existing R -D Zone. We the undersigned firmly believe that changing the following described area from M -A to R -D is in our best interest and will rightfully return our rights as property owners to be in control of our property and financial destiny by complying with a most practical R -D Zone. We the property owners in the M -A and R -B -1 Zone on Baker Hill Road and Route 366 hereby petition the Dryden Town Planning Board to rezone the following area as described below to an R=D Zone that will connect to an existing R -D zone at the Baker Hill Road and Route 366 Intersection: Defined Boundary is as follows: Beginning at the southwest comer of the existing M -A Zone on Baker Hill Road, Freeville, NY and continuing east along Park/Quinn and Park/Reed boundary then north along Park/Reed boundary. Then west and north along NYSEGlPark boundary then continuing north along the Emerson/NYSEG boundary. Then turning west along Emerson/Timberline iElectric (REPS) boundary. Then turn north along Emerson/Loundsberry Real Estate (Nice -N -Easy) boundary then west along the Emerson boundary to the Barkdoll/Shreve boundary. Then north to centerline of Route 366 then west along centerune of Route 366 and connecting to existing R -D point at Route 366 and Baker Hill Road.-Then proceed south along existing R -D Zone boundary up Baker Hill Road to the starting point as outlined on the attached map. We are aware of a similar zoning change whereby the Town of Dryden recognized the importance of protecting the rights and needs of concerned property owners bordered by Route 13, Hall Woods Road, and Pinckney Road. The need for the M -A Zone change was recognized and brought about to reflect the best interest of residential property owners. NAME ADDRESS DATE 706;4�- ///Y/9 l-j TB4 -9 -96 Page 3 to be responsible for trucks coming down the steep hill if I am • forced to put in commercial entities at the top of Baker Hill. That is my only option at this point if I am not allowed to build a house and that is my only goal. My wife and I want to build a house there and the town will not allow me to do that. I am paying taxes there and have owned 11 acres for a number of years. Again, there is no commercial entities on that road. Clp Roberts - wanted to know the lots that wanted to go into the RD Zone. Avery Park - 2 people on Route #366 are requesting to be included in the RD Zone which is exactly what is zoned across the road. This would be all of the way up Baker Hill Road, around my property, back to NYSE &G, back of Emerson, over to Barkwell's (who didn't realize they were in a MA Zone). You really are not losing all of the allowances that are allowed in the MA zone. If you look at the ordinance book there are still some of the same allowances. What it does do, is it allows us property owners that own residences there who want to build a residence has a right to do that. Supv Schug - if you are in a MA zone and your house burns down you can't rebuild. Avery Park - I know that the town has the right to deny you to rebuild if that happens. Supv Schug - the board will have Z.O. Slater take a look at the request and we will have to schedule a public hearing. We do not like to take the MA Zone off the books and it may not have been laid out as properly as it could have been. Clp Roberts - my understanding is that this zone existed since 1969. Avery Park - submitted a map to board members where there have been some successful changes in some of the different zones. I have made notations of existing zones with successful changes and rightfully so. Hopefully this can be corrected. What is the next procedure, do I respond to you or do you respond to me. Supv Schug - the board looks at it and could decide to do a resolution to hold a public hearing for the change in the zoning. I will let you know what they decide. Avery Park - requested a copy of the board meeting minutes of this discussion. Doug Quinn - wanted to see the petition since my property borders the Avery property. Our concern is what is going to be built • there. Wanted to know what the MA Zone is as opposed to the RD Zone. q q� TB4 -9 -96 Page 4 • Z.O. Slater - a MA Zone is exclusively commercial and industrial. It doesn't permit any type of residential uses. RD Zone is a lesser intense commercial zone that doesn't permit the vast array of industrial and pretty much sustains commercial uses, but it does permit for single family, two family, the same as the RB1 zone in your area in multiple residence. If you live in a MA zone now in a residential home and say something happens you would have to go to the ZBOA to get the home replaced. All of the property owners that have signed the petition all have residential property except for his and he would like to put a residential home there and can't. The ZBOA didn't feel they could give him a variance for his property so that is why he is here. Avery Park - wanted to know the time frame. Supv Schug - it would be a couple of months since they would have to schedule a public hearing at the June meeting. Doug Foster - showed board members pictures he had taken of his house and property as to where the utilities go. I have spoken with Dave Putnam and he came up with a map with the appropriate change. There is a utility easement for water and sewer that goes across the property through the middle of the house. I am asking to take a small portion of the easement and move it away from the house for the maintenance for the water and sewer lines. • Supv Schug - asked Dave Putnam if the map was drawn before the utilities were put in. Wanted to know if the town needed the easement where it was marked. Dave Putnam - no, if we were putting the utilities through and he didn't already have that land we would probably use somewhere in the neighborhood of 30 feet wide. Doug Foster - on the other side of Monkey Run Road you can see where the easement line goes. Dave Putnam - it was wide in one location so the railroad could build an embankment. Doug Foster - I sent a letter to the board asking what I felt would be a mutually beneficial situation to transfer that small portion of easement so that it wouldn't go through the house. I would like to make it a nice house with a couple of bedrooms in it. To justify doing that, I can't get a loan from the bank. At the last meeting Atty Perkins sent letters to the board saying the j process I would have to go through. Basically, this part is okay from the engineering and easement point of view, but the town has to feel they are getting justly compensated and suggested that an appraisal be done which is not necessary. There is nothing mandatory about it, but that would be the appropriate thing. TB4 -9 -96 Page S • Doug Foster - Atty Perkins has talked to my attorney about this and has talked with your local appraiser. I would suggest not going ahead and doing the appraisal. There are 3 ways to value the property or 3 ways to look at the property. One is how much it diminishes the value of easement to the town, which is nothing because it doesn't diminish the easement since it is not taking away the ability to maintain the water and sewer line. The second way is to determine what someone would pay for it, the market value. Nothing because it is not worth anything to anybody except to us. The third way to judge the value of the property is how it might increase the value of the property to us. A situation like this is completely unique. It has no value to anyone else. Usually they use comparable sales, comparable values and look at sales of comparable types of property. There are no comparable sales and it has no value to anyone but me. So you would be just trying to determine what it would be worth to the property. There is no real way for an appraiser to appraise the property. This is what several appraisers have told me. It would cost $300.00 to $400.00 for an appraisal. They wouldn't be using appraisal techniques to do it. They would be just be using a common sense approach as to what it would be worth. The reasonable approach to this instead of paying a professional fee of $400.00 for an appraisal would be to pay the town and make that my offer for the easement. Supv Schug - with that change in the easement you are going to get a building permit. Doug Foster - yes I would have to get a building permit to raise the roof. The cost would be from $10,000.00 to $20,000.00, and at that point I would be able to get a loan from the bank for a home improvement, which I can't get at this point. Atty Perkins - he has to get an appraisal as to what it is worth. You are looking for a third party's opinion as to what it is worth. There is another way of approaching the appraisal of this property and that is to determine what the value of the property is in its present condition and secondly what is the value of the property if he doesn't have respect for the town forcing him to remove his property which is in the easement area and having his property free of the easement. This is not an unusual problem and appraisers can do this. His attorney agreed his appraiser could do this. His attorney and I suggested several different methods that an appraiser might employ for different methods. I don't know how you are going to get by your charge as to determining what is the fair and adequate consideration if you don't have some outside opinion of this. Without something concrete you are just swinging in the wind like you were a month ago. U • TB4 -9 -96 Page 6 Doug Foster - I work for the city and we have done this before in the city. It has been done when there are properties and a value is just determined by the city staff. Supv Schug - wanted to know if he had gotten an estimate as to what the appraiser would do. Doug Foster - would charge about $300.00 or $400.00 and in the end would be some type of guess because they would also have to determine what the value of the property is now. There is a value for the property not to do this because it is extremely rentable property and is under assessed at $20,000.00. There is very little property tax on the property right now. There is an incentive to live there cheap and rent it in the end and not put much money into the house. The town would gain in the long run with more property tax. Atty Perkins - questioned that he would have to get an appraisal for a loan. Doug Foster - I would have to get an appraisal at that point, but it would be a different appraisal. Atty Perkins - the ground work will all be done by the person doing this. Most lenders are willing to use the appraisal that you had prepared for other purposes and certified at the bank. They will not be duplicated because there is an expense. Clp T. Hatfield - the board understands what you are trying to do, but what this board is charged with is a decision to exercise its for the taxpayers and we have to have some basis on which to act other than intuition or a desire to reach out and help you accomplish your objective. We talked about you getting an appraisal last time and we need that. Doug Foster - I could pay $400.00 and then if the appraisal comes in at $1,000.00 /51,500.00 then it is probably not worth it. Atty Perkins - isn't that the dilemma the town board has. Doug Foster - right, but in the end we would have to negotiate for a price anyway. If the appraisal comes in high it is probably not worth doing it. Clp T. Hatfield - from the practical point of the view you define the objective of the appraisal and you have already said what we have said. If the town were to exercise its rights and force you to move the property that is encumbering on our r -o -w what is the value of the property. Doug Foster - it is worth as much as you can rent it for 9� e TB4 -9 -96 Page 7 Clp T. Hatfield - no, it is not. The point of an appraisal by a • certified third party is all of those things. Those events have to be laid out and looked at. Those become the parameters around which a very specific appraisal is done. That document is what the town board needs. the appraiser. Doug Foster - if the appraisal comes in real high then I am not interested. That is what it boils down to. Atty Perkins - this board has to determine what is a fair and adequate consideration. Doug Foster - this is surplus property and would not hurt the town at all and will have definite benefits in the long run. Clp T. Hatfield - I hear everything you are saying, but, we are trying to make it clear the board has to have some basis to make the decision and you are telling us you don't trust the appraiser. Doug Foster - no, I am not saying I don't trust the appraiser, I am saying that the appraisal may come in and may be determined it is worth $3,000.00 or more, I don't know. Atty Perkins - so how would the town board look if they gave something away for $400.00 that was worth $3,000.00. Doug Foster - but, the town gave away the entire property for $1.00. Atty Perkins - I can check the records, but that is not what was paid for it. It was the same rate everyone else paid. Doug Foster - I was hoping there would be a reasonable approach and that we could come to an understanding on the value. Supv Schug - the taxpayers shouldn't pay for something you want and that is the problem. COUNCILMAN PRIVILEGE OF THE FLOOR Clp Roberts - the Bicentennial committee had an issue and asked me to bring it to the Town Board for direction. The special events committee is concerned about available parking at Dryden Lake and want some direction. Also, bathroom facilities for the closing event in August 1997. Supv Schug - we can't put in too much more parking than what is already there. There is a big parking lot at TC3 and other areas. I suggest the special events committee consider using a bus for shuttle service. q7 TB4 -9 -96 • Clp Roberts - ambulance billing update - last month the for the billing was not working. It is now in place and Their data is entered and up to date and have addresses insurance companies. They still have to order some forms sure when the billing will start. There is one question unclear at this point and that is who is going to be the agent. Is it the town or the ambulance company. • software working. of the and not that is billing Supv Schug - it would be third party billing which would be the town. Clp Roberts - the other question was were we billing the insurance company directly and only billing the individual if the insurance information was not available. Supv Schug - we would be billing the insurance company directly. Clp Roberts - there was a question about purchasing. Dianne was unclear as to the boards direction about making purchasing as much as possible from local vendors. There was a question about whether we would recommend local vendors even though they were higher in cost. I wanted to present that to the board for discussion. Supv Schug - local people for something as far as I am concerned, no. the opportunity, but why should locally when they can purchase I think you can give the town pay 850.00 the same thing for 810.00 can out of be bought town. Most of the things that cheaper locally. have been looked at Clp T. Hatfield - I think we should give our local businesses the opportunity first and the price should be competitive. Clp C. Hatfield - SJS committee - Virgil Creek Dam - funds could not be guaranteed and in the contract it was stated it would be built when funds became available. They were going to try and find some funds elsewhere. Clp C. Hatfield - wastewater copies of information of the of the flow that goes into Ithaca. percent of the plant. On the treatment plant meeting. Dryden The Town permit the City - board members have has 2 and 1/2 percent of Dryden owns about 2 of Ithaca has been the only one named. In the agreement it says all of the owners should be named on the done. The enforcement that violates the permit SPEDS policy he permit. It is if there is notified was is and agreed to have this an industrial user if it isn't corrected the town will be notified to have this problem corrected. 7 0 TB4 -9 -96 Page 9 is ATTORNEY Howers vs Lok & Lim - take off agenda, has been resolved. Baker Hill update - take off agenda - no response from applicant Mott Road - culvert - information available next month Cortland Paving update - Atty Perkins - should have depositions in the spring. ZONING OFFICER - report given to board members Z.O. Slater - reported that the building at 1062 Dryden Road is still there and has not been demolished as of this afternoon. Z.O. Slater - reported on the Maser barn on Dryden Harford Road. The fire company will have a practice burn at the end of the month. Schedule hearings - April 23rd R.P. Solutions - at 135 North St. - Site Plan Review - 6a00PM Tastee Treat - Site Plan Review - 6 :15PM HIGHWAY SUPERINTENDENT Yellow Barn - getting ready to stone and gravel Caswell Road - will install guide rail and ditch work . Hile School Road - will meet next week with county engineer regarding box culvert Hwy Supt Gilbert - would like a resolution to reject bids for truck with plow and dump box. RESOLUTION #122 REJECT BIDS ON TRUCK WITH PLOW AND DUMP BOX Clp Grantham offered the following resolution and asked for its adoption: RESOLVED, that this Town Board upon the recommendation of Hwy Supt Gilbert reject all bids on the truck with plow and dump box since there was a discrepancy in the pricing and specs. 2nd Clp T. Hatfield Roll call vote - all voting Yes RESOLUTION #123 AUTHORIZE HIGHWAY SUPERINTENDENT GILBERT TO REBID FOR TRUCK WITH PLOW AND DUMP BOX Clp T. Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board authorize Hwy Supt Gilbert to rebid for truck with plow and dump box. 2nd Clp C. Hatfield Roll call vote - all voting Yes • 99 i SOCIETY FOR THE • April 5, 1996 • • PREVENTION OF CRUELTY TO ANIMALS Mr. James Schug Supervisor, Town of Dryden 65 East Main Street Dryden, New York 13053 Dear Jim: I would like to let you know March 20th regarding the two have patrolled in the Simms not located the dogs. that I spoke with Tricia Shigley on stray dogs who killed her ducks. We Hill Road area a few times but have It turns out the same employee who spoke with Ms. Shigley also spoke with Lynne Monroe'in February. Appropriate action has been taken regarding this employee. A common thread between these two incidences is both Ms. Monroe and Ms. Shigley felt they were being required to confine a stray dog. This raises the question whether it is advisable for our employees to ask if someone ;.s comfortable confining a stray dog, even a dog they may have easily handled for several days. Anyway that we have asked the question seems to run the risk of being interpreted as "you must confine the dog yourself ", which is certainly not the case. A stray dog can wander away in a matter of minutes, so never asking the public to consider confining a stray will result in fewer dogs being impounded. While we wrestle with this question, we would appreciate any opinions you or your town board have on this matter. John Spence and I would be happy to attend a Dryden Town board meeting to discuss this in person. Please just let me know if you wish to put it on your agenda. In the meantime, we wi assure people we are n search for any owners. work on the speediest Sincerely yours, 11 continue to work on our phraseology of requiring them to confine a dog or For dogs which cannot be confined, we response time possible. Pam Stonebraker Executive Director cc: Susanne Lloyd, Dryden Town Clerk 1640 1-1AN51-IA\V ROAI ) or I -Il lACA. f`11- W ) 1 1()P14\' 14£350 0 (607) 257- 1 R ?_1 to will E Date: April 8th, 1996 To: James Schug, Dryden Town Supervisor From: Henry M. Slater, Zoning & Building Code Enforcement Off, Sub.a March 196 Building & Zoning Activity Report Dear Jim: Building per ^mitsa March generally Fire Safety provides for During the Residence month of March 196, some construction activity (1) Business Facilities began to emerge. Although only 3 building permits were issued, two were for substantial single family homes. Since March generally Fire Safety provides for excellent Residence off road vision, Facilities (1) Business Facilities (8) Home Day Care Facilities Clint & Nita have been very busy with unlicensed, unregistered inoperable motor vehicles. With nearly 100 square miles of jurisdiction and who knows how many road miles, there is never an end to this type of zoning violation. We also have been busy with an aggressive fire safety inspection schedule, along with the normal construction inspections. The most time consuming acti hearing requests. From Marc • have been a total of 13 vari are 2 more to get on the sch r 1 LJ vity has been a rash of public h 21st through April 9th, there ous public hearings held. There edule. Certificates of Occupancy and Compliance Certificate of Occupancy (3) Temporary Certificates of Occupancy (0) Certificate of Compliance (0) Public Inspections, Fire Safety Multiple Residence Facilities (1) Business Facilities (8) Home Day Care Facilities (0) Fire I D assist of two trash nves urin ance dwe fire tig g t lli se ation he mo One, ng un t by s fo nth a ho its unkn r 0 m 0 0 the Month of March (2) f March, there were two fires requiring our e fire on Chaffee Road which destroyed one f a two - family home. The second fire was a wn person or persons who remain unidentified. Both the planning and Zoning Boards have conducted reviews. For the second month in succession, the planning Board approved a minor subdivision. March 196 Report • Rage Two The ZBA held 5 two Baker Hill Road authorization to us purposes. As a res residential neighbo requests and a poss drafting an inquiry Baker Hill Zoning u Very truly yours, /HMV Henry M. Zoning & WwWr'" � heari reque e MA Z ult, t rhood ible t to th se cla ng st on he is hi e ss s on Tuesday, 4/2/96. Among these were s which were seeking variance ing District property for residential ZBA wondered if this predominately properly zoned? Based on these two rd, the Board is in the process of Town Board to conduct a review of the ification. Slater Building Code Enforcement Officer cc: All Dryden Town Board Members Susanne Lloyd, Dryden Town Clerk Mahlon R. Perkins, Dryden Town Attorney 40 I I i i �I /00 TB4 -9 -96 Page 10 Supv Schug - board members have copies regarding county bid on certain items. Don has a problem with primary and secondary vendors and he would like to bid out what is allowed. i Hwy Supt Gilbert - in the Procurement Policy it states we are allowed to have the trucks fixed without any bid process. He was not sure how it should be worded. Supv Schug - the Procurement Policy was set up in case there was an emergency. If you have to buy something without a bid you do it. If you don't need it you get a bid for a new engine, etc. Clp Grantham - they were talking about bidding out shop rates. Clp T. Hatfield - you would bid out shop work on an annual basis with people who qualify to bid on it with certification of the mechanics and so on. They would bid their shop rates and if Don has a problem he will be able to make a decision. That was the concern. Clp T. Hatfield - Hwy Supt Gilbert has brought some other items to our attention that there are various problems with the primary and secondary vendors and he is convinced that we could do a better job by bidding this out that would provide us with more convenient, efficient or better product through the same or better price. •RESOLUTION #124 SUBJECT TO BID PROCESS PRIMARY OR SECONDARY VENDORS Clp T. Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board authorize a bid process for primary or secondary vendors. 2nd Clp Grantham Roll call vote - all voting Yes RESOLUTION #125 SUBMIT APPLICATION FOR FEMA GRANT MONEY Clp T. Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board submit an application for FEMA grant money. 2nd Clp Roberts Roll call vote - all voting Yes CORRESPONDENCE Dryden police report for Dryden Lake Park • i r EASEMENT • THIS INDENTURE, made this 9th day of April, 1996, between the TOWN OF DRYDEN, 65 East Main Street, Dryden, New York 13053, party • of the first part, and EMPIRE LIVESTOCK MARKETING, INC. 53 -55 East Main Street, Dryden, New York 13053, party of the second part. WITNESSETH: Party of the first part in consideration of the sum of one dollar ($1.00) lawful money of the United States paid by the party of the second part, and other good and valuable consideration, receipt of which is hereby acknowledged, has granted and released unto the party of the second part an easement over a portion of the property of the party of the first part shown on a map entitled, "SHOWING PORTION OF LANDS OF EMPIRE LIVESTOCK MARKETING, INC. TO BE CONVEYED TO THE TOWN OF DRYDEN" made by Allen T. Fulkerson, L.S., N.Y.S. License No. 049269 dated 3/31/95 which map is incorporated herein by reference and is to be filed in the Tompkins County Clerk's Office along with this instrument. The easement granted and released herewith is for purposes of ingress and egress by persons, vehicles and equipment and in common with the party of the first part, and others, over and across the existing lane, driveway or path extending easterly from the east line of that portion of Parcel B shown on the above entitled map labeled "PROPOSED. 30' WIDE EASEMENT B" over that portion of the property conveyed to the party of the first part by deed dated December 31, 1981 and recorded January 8, 1982 in Liber 587 of Deeds at page 227 in said Clerk's Office to other lands owned by the party of the second part located north and east of the lands of the party of the first part (587/227). Said easement is 30 feet in width and the centerline thereof shall be the centerline of the existing lane, driveway or path. I I i • CI Notwithstanding the foregoing grant and release of this easement to the party of the second part, the party of the first part may re- designate the location of the easement herein granted and released provided such re- designated location provides for an easement not less than 30 feet in width and (consistent with the party of the first's use of its land) provides adequate access from the parcel of the party of the second part to the aforesaid other lands owned by the party of the second part. This reservation and easement shall automatically cease and be extinguished in the event the party of the second part should no longer own the aforesaid other lands to the north and east of the lands of the party of the first part. This grant is subject to any and all restrictions, reservations, easements, rights -of -way and exceptions of record in the Tompkins County Clerk's Office. IN WITNESS WHEREOF, the party of the first part has hereunto set its hand and seal the day and year first above written. TOWN OF DRYDEN By 0 ,X,___ \& . ames F. S STATE OF NEW YORK: SS: COUNTY OF TOMPKINS. 4, V I btu, ug, Sdpervis On this 9th of April, 1996, before, the subscribed, personally appeared James F. Schug, to me known, who, being by me duly sworn, did depose and say that he resides in the Town of Dryden, New York, that he is the Supervisor of the Town of Dryden, the municipality described in and which executed the foregoing instrument, that he knows the seal of said municipality; that the seal affixed to said instrument is such seal; that it was so affixed by order of the Town Board of said municipality; and that he signed his name thereto by like order. SUSANNE LLOYD Notary Public Notary Public, State of New York No. 4620.376 Aualified (n Tompkins Counti!, Term Expires 44 sveb 3Q, 19 y i TB4 -9 -96 • DISCUSSION Page 11 Hwy Supt Gilbert - Jack Bush is in the Army Reserve and there is a possibility the reserve will be able to do some work around Dryden Lake Park or some other place. I have a meeting with the Lieutenant from Horseheads to discuss different things that need to be done and they will be able to help with. I have checked on the insurance and there will a pay be no problem. usage at Supv Schug - Ron Palmer - Cortland Road water - Dave Putnam will have information ready for next board meeting. Supv Schug - public telephone in town hall requested by the court system. If there is a pay phone the local calls would be 25 cents and long distant calls would be done by credit card, collect or third party only. Installation cost is $56.00 per hour, its approximately 4 hours for $224.00. Estimated charge would be about $600.00 a year. The first year would cost $824.00. a pay Clp T. Hatfield - the question is public safety. Feels that it should be done on a trial basis for 1 year and see what happens. FINANCIAL REPORT RESOLUTION #126 INSTALL PAY PHONE to board Clp Grantham offered the following resolution and asked for its adoption: RESOLVED, that this Town Board authorize the installation of a pay phone in the town hall for 1 year and evaluate the usage at that time. 2nd Clp T. Hatfield Roll call vote - all voting Yes JUSTICE REPORT - $10,250.00 for the month of March FINANCIAL REPORT - available to board members RESOLUTION #127 APPROVE ABSTRACT #104 Clp Roberts offered the following resolution and asked for its adoption: RESOLVED, that abstract #104 be approved as audited with the exception of voucher #392 (Bailey Ins. Workers compensation additional premium) until further information is obtained. Voucher #309 to voucher #417 for a total of $127,251.33 2nd Clp C. Hatfield Roll call vote - all voting Yes Recessed for executive session for water services. No action Adjourned:10a40PM • Susanne Lloyd Town Clerk regarding equipment and contract will be taken later. 10 :40PM fl