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HomeMy WebLinkAbout1997-11-12i T1 TOWN BOARD MEETING NOVEMBER lc, 1997 Supv Schug called the meeting to order at 7:45PM Members and guests participated in a moment of silent meditation followed by the Pledge of Allegiance. Roll call was by Deputy Town Clerk Woodin Present: Supv Schug, Clp Grantham, Clp T. Hatfield, Clp C. Hatfield, Atty Perkins, Z.O. Slater and Hwy Supt Gilbert Absent: Town Clerk Lloyd CITIZEN PRIVILEGE OF THE FLCIOR Dan Seewald, 51 Yellow Barn Rd - there has been a problem for a period. of time and has never been addressed because no one wants to take the responsibility of doing anything about a little creek that is called tributary 15A of Fall Creek. Gave board members a map to show the location so they can get the feel as to what the people on Yellow Barn Road are confronted with. The elevation difference and the force of the water that comes down Yellow Barn Road is deteriorating their property, causes flooding, property damage. The property owner is responsible for whatever the creek may cause. It is my understanding the county has a $37,500.40 budget involved in giving it to the municipalities. I am here tonight to let the town board know there is a problem here and ' some day it will have to be addressed. We are in it together and I am willing to take the responsibility as a property owner as long as the town and county are willing to fulfill their obligations. If these funds are available I think we should take a hard look at what the problem is. If the town board needs more evidence of the damage this little creek causes I have a video tape and would be happy to make a copy of it. The proof is in the pudding and the pudding is on the film of the tremendous force of the water that comes down the creek. There are many versions as to why the water comes down with such a force partially because of the elevation. There is another version as to the number of residents that are south of Ferguson Road have diverted the seater into that creek area which has created the abundance of water. In any case I would welcome the town board to take a hard look at it and if there are funds forth coming maybe we can do something together, not as individuals but together. Ernie Balducci, 37 Yellow Barn Rd - I would also like to support what Dan has just said. The last flood we had a year ago January in the back of my residence the stream actually changed course and did some erosion. I would be glad to give any one a tour of where the bed of the stream is within a few inches of the level of my back lawn. It has cut and filled itself to a degree that I have had flooding in my basement. I will be willing do to my part also if the town and county could see fit to help us out if these funds are available. • TB11 -12 -97 Rage 2 Supv Schug - wanted to know about soil and conservation service. Ernie Balducci - they have tried going through the state and we were not high enough on the priority list for them to do anything for us. Supv Schug - what Co. Rep. Lane was talking about were funds the county had set aside last year and talking about doing it every year. Between the town and the village we set up a storm water project. The county did give $12,000.00 for work on the creek near Penny Lane. There are people there who have gotten money from soil and water and that money will be included in the project which is moving forward. If something was to be done easements, agreement to pay so that everyone would chip in to pay for their portion of the stream bank stabilization. Ernie Balducci - I think we are at the stage right now. Dan Seewald - there - was confused about the $37,500.00 and if this was to be voted of on at the county budget hearing. Supv Schug - they set that amount of money aside and then split it up between everyone who asks for that money. The town has already applied to use some of that money for Pinckney Road. We will have another meeting with the village mayor. We also, will put in for the money and make Yellow Barn Road a priority. Dan Seewald - I am concerned as to what has transpired over the last 3 years that this is going to create a bigger problem for everybody. Supv Schug - the town is responsible for 20 feet away from the bridge. Dan Seewald - there is fully addressed. It has south of Ferguson Road. diverted the water into the problem we have had something very serious that is not being to do with the construction that was done There are citizens that believe they this tributary of 15A which is creating over the last several years. Supv Schug - when someone builds a house upstream it does create more run off. Clp Grantham - runoff increases due to the increase in impervious surface area when and area is developed, and that the effect increases flooding, erosion and property damage, particularly in floodplains. Jack Harding, 55 Yell Ferguson Road and Yel the houses on Yellow Circle and Chelsey Ci to do anything so the be involved. ow Barn Rd - where the stream crosses low Barn Road is the rear property line for Barn Road plus rear property lines for Bear rcle. Therefore it takes two property owners re are a lot of property owners that would 17I TB11 -12 -97 - the town will Page 3 into consideration to see if we can get some money and get soil Carol Hayes, 59 Yellow Barn Rd - this flooding problem has become very serious. When I moved in 30 years ago you could step across the creek, it is now 15 feet deep. I have put in two bridges, the first one was a 25 foot span and the second bridge is now 35 foot span with 10 feet on each side. Mike Soroka, 63 Yellow Par would be a problem in the problem. I have only lived have noticed the creek is so much, but over the last will eventually phase out sides of my property and h side. There is a drop off or 5 feet to where YOU get I am concerned if immediat take out a lot more land. n Rd - it was pointed out to me this future. To me it is an immediate there 4 years and during that time I getting deeper. That doesn't concern me 2 years I have lost about 2 feet and my swimming pool. I have trees on both ave lost several trees on the upper on one side of my property of about 4 to the dirt that has been washed away. e attention isn't given to it, it will Carol Hayes - I have also lost several trees. Supv Schug - the town will take this into consideration to see if we can get some money and get soil and water conservation interested again. I would like to get something done before this winter, but that would be impossible. Supv Schug - asked Dan Seewald to provide a copy of the videotape of flooding to the Town Board. Dan Seewald - will make a copy of video tape for board members to review at next board meeting. Jim Howe - Nature Conservancy - Malloryville Bog - I would also like to ask the boards support for this preserve in the form of a resolution. We are a non profit private organization since 1951. There are 900,000 members nationwide and have protected 10 million acres of land. Our mission is biological diversity, which is to protect rare plants and animals. We do not take sides in political issues. We believe that free market solutions work best to environmental issues. We are science based. All of our programs are based on science and try to understand the needs of the resource before any action is taken. We are partner focused and try to work closely with land owners, businesses and communities, Jim Howe - gave beard members copy of map concerning Malloryville Swamp. There is a new preserve that the conservancy has acquired in the Town of Dryden near Malloryville. This fall we began our project in the Malloryville area and did purchase the gravel pit area along with three other properties around it with a conservation easement with development rights on the property. All together we have about 200 acres and another 75 acres of it conservation easement. We think this is an asset to the community since it is open public space. We also think it is an environmental education resource for schools. We plan on developing this property with trails and a parking lot to make it more accessible. We tried to seek funding from the NYS Parks Office and they required support from local town government. e LI.• J P too 01 too 0 ' I. .1 it it i, 141':'., 77717 Ir (3�1 J a n 1 i Y f 1 1 f • — — It e It J I ^- -t-. ".— n011. y• 1 YU:1 -\ I V � • �I f q rz G �y M _ %,LIFO i Lr c1d �,,�. y�Vln-i}I -N 1 �..� �' r «I -A {. 1 L ! ;�j l'ynq ' C� 1 rj A ly \ 14 \� 1 it • n �� � 1. Ng `� 11 s 1 r. 1 M u W IV•_ns N —,Ir• N � •' N V , ul of �i N � 3 Polito- � N a; G: a Z All,} N � V v Anj its N� I S [� �!'•JM� a 1 II y l,l N •.1 lit \S '' •1'�''' V it v ,• ' \11 I L,• III 1 �` L/i ; I ti It �`�11 ��� I �� 151 • �} too It V\ ryylPhJl+ I ��t.\ 1 Pb jil w Ott W 4 it r� �`^p.l• -. 1 q r urr� ..���'I ... __ Vital I.1] 1,,111 W. AI 9. I.1 1 U ^I 1 ( laq .. -. � �q,_ i I of LI 'r N 1 •, I 1 I, � I 1 � r-I F r� >I 1 N IQ r-•I S: '1'I La{�[ F1 qj -I (n (h �A ro a) v •-j V2 U vi Q � Yi �n W 4-) i aJ rl (a 0 d> d-J > U i; . r-I S 4 H .0 4) S1 U� �I U a1 ro H CLIu I _ %,LIFO i Lr c1d �,,�. y�Vln-i}I -N 1 �..� �' r «I -A {. 1 L ! ;�j l'ynq ' C� 1 rj A ly \ 14 \� 1 it • n �� � 1. Ng `� 11 s 1 r. 1 M u W IV•_ns N —,Ir• N � •' N V , ul of �i N � 3 Polito- � N a; G: a Z All,} N � V v Anj its N� I S [� �!'•JM� a 1 II y l,l N •.1 lit \S '' •1'�''' V it v ,• ' \11 I L,• III 1 �` L/i ; I ti It �`�11 ��� I �� 151 • �} too It V\ ryylPhJl+ I ��t.\ 1 Pb jil w Ott W 4 it r� �`^p.l• -. 1 q r urr� ..���'I ... __ Vital I.1] 1,,111 W. AI 9. I.1 1 U :" [+OIvI�V Ian- ♦ ^I 1 ( laq .. -. � �q,_ i I of LI 'r N 1 •, I 1 I, � I 1 � F :" [+OIvI�V Ian- ♦ .. a ♦. .. -. + LI �1 Y F i Iw T111�12 -97 Page 4 IMF:SCLUTIDN #185 SUPPORT NATURE CONSE=RVANCY Cip Grantham offered the following resolution and asked fi°ir its adoption: RESOLVED, that this Town Board support TNC interests at MaElloryville Swamp. 2nd Clp T. Hatfield Roll call COUNCILMAN PRIVILEGE DF THE FLOOR The Nature Conservancy for vote , all voting Yes Clp Grantham Spoke - updato on safety program about establishing - waiting a moratorium in to hear from teachers. The dates are Dec 1st or any time the town week some regulation. of Dec 8th. ATTURNE_Y Atty Perkins - Brooktree Lane - matter for executive session Atty Perkins - gave board members information for their consideration regarding regulation of adult uses. Clp Grantham ° Spoke with Atty Perkins about establishing a moratorium in granting special permits for such adult establishments until the town can get some regulation. Atty Perkins - board nhich creeds to be int is are attempt to pres days. The town will t legislation and enact members have copy of proposed latel law roduced and a public hearing scheduled_ This er^ve the status quo for a period of 190 ake review, study the problem and propose s something_ S"Pv Schug � the town has to justify whether or not our law Makes sense and if we have done research and good reasons for doling this, ever, though other people are doing it. The town should considar hirAing a consultant. If the hearing is going to be ire December the town should authorize Atty Perkins to get somp prices as far as research for the local law. Atty Perkins - you would reed all of that time to hire a colsultant to prepare a study, draft appropriate legislation based on what the study discloses, hold public hearings and approve it. RESSOLUTION ftlaG INmrFZOIDLJCE PRCP'CI ED LOCAL LAW 1991 PROYIDINO FDR R MORATORIUM FOR THE ESTABLISHMENT OP ADULT USES Clp Uranth am offered the following resolution and asked for its adoption: RE=SOLVE=D, that this Town Hoard introduce proposed local law for 1997 and schedule a Public hearing for December 9th at 7:30PM for providing for a mor*atoriumo for the establishment of adult uses_ 2nd Clp T. Hatfield Roll call vote - all votilIg yes Fatty Perkins - Kimberly Drive - matter for executive sessiorrl. Attar Perkins - no change on W Timmerman /Slechinger, Cortland Paving (Ot tsn5hot) , Hall R08d - Marchel l TB11 -12 -97 Atty Perkins water - been completed, - Dave Putnam the tells Page S Reed's Putnam - water water meter has hook up - Dave Putnam the tells to me it the has but he will building have to bring you up to date on it. Point Dave Putnam - the water meter has been moved from the apartment building the down to the meter next to the road, so at least the apartment the intent, building northeast has been hooked up. That is all of the information I could get from Bolton Point since the person had left for the day and they couldn't find the records. Z.O. Slater - I have received notice of completion from Bolton Point regarding applications the apartments. ZONING OFFICER Monthly report - given to board members Z.Q. Slater - reported he had received several applications for assistant code enforcement officer, of which three are qualified. I hope to bring a recommendation to the December meeting. Z.O. Slater - wanted the board members aware that he has two applications sure he is for modular he did not have to act on telephone towers. We have had two installed the intent, in the northeast town section of the town and this is where the two new applications kind of public are requesting to go. I don't know if the that meant board wants cables to consider transmission a moratorium on these or not. There was a question as to whether or not they needed a variance or just a special permit. Henry would like Atty Perkins to snake sure he is doing the right thing since he did not have to act on it right naw. the ordinance that this was Atty Perkins - recommended they should go before the ZBOA for a variance. It is not clear in my mind from reading the ordinance that this was the intent, that the town was giving up all regulations of any kind of public utilities. I assumed that meant ordinary poles and cables etc for transmission of current telephones and utilities, Clp Grantham - concurred with Atty Perkins recommendation for the modular telephone tower applications to be referred to the Zoning Board of Appeals. Clp Grantham - asked Henry to review the "Boiler Plate Conditions" and have any revisions to the board members before Dec 9th no that it can be discussed at that time. Also, asked Henry to make a check list of things the board should think about for a special permit that might not belong on the Boiler Plate Conditions, DEPARTMENT OF PUBLIC WORKS Supv Schug - reported the new pickup truck has been delivered. Date: November 5th, 1997 To: James Schug, Dryden Town Supervisor From: Henry M. Slater, Zoning & Building Code Enforcement Off. Sub.: October 197 Building 1, Zoning Activity Report Dear Jim: Building Permits: During the month of October 197, our department issued 13 building permits which are described as follows. A -1 Single of Occupancy and Family Harford Home, Certificate Funding new of Occupancy starts and (12) November Conditioned 1997, Certificate of Occupancy (1) (0) A -1 Single Family of Compliance Homes (13) new starts, install new conforming mobile homes Double Fire Safety -wide Multiple (1) A -1 Install Facilities conforming (1) Business single Facilities -wide (7) mobile Day Care Facilities home (0) (1) A -1 Extend or Relocate existing Single Family Home (3) A -` Add second modular dwelling resulting 2 Family Home (1) C -4.2 Erect by Site Plan Review a self storage facility (1) C -4.1 Erect detached Private Garage Structure (S) C -7 Convert coal storage by Z.BA bin Review, to an on office same show property, room Non- conforming for coal stove sales (1) Certificates of Occupancy and Compliance Harford Certificate Funding has been of Occupancy and (12) November Conditioned 1997, Certificate of Occupancy (1) Certificate of Compliance (13) Public Inspections, Fire Safety Multiple Residence Facilities (1) Business Facilities (7) Home Day Care Facilities (0) Fire Investigations for the Month of October: (0) There were no Fire calls during October Update on Issues of Concern: Loeven Barn at 164 Dryden Harford Road Funding has been secured and final construction to start November 1997, Ottensch No Ott Det the yar of ch en ai T d. Property at ange, current schot had bee Is have been own' s case to Note, Equipm 3 F r e 1 y, i n obs given stop ent r e s e n T ery to Us ema R own e To e o i.ns ad A re w f 0 ttor m o v i Att site n s i. n n or a to y's Hands gravel f ney to be s a mat er (1) Load Last month, rom site. included in ial storage er & (1) Dozer. RMS Gravel Special Permit, South Mine, Mott Road I've not received any word, whether or not, DEC has issued a mining permit for this project. I did talk with Roy Reeves, owner operator of RMS Gravel who indicated minor plan revisions would be necessary to MRLR application which are being completed now. He hoped for final DEC approval by the • end of November. Note, final approval not yet granted. October 597 Report Page Two Zoning Board of Apppal 5: The ZBA met on 10/7/97. On their agenda were (2) requests, each somewhat unique. Qrrw required a ZBA interpretation 'and the second project, review by Article 1700, pre�exi5ting nonconforming use. The first nearing required a zoning interpretation of the requirement for there to exist a primary structure on a parcel prior to there being an accessary use structure built. In this case*, I had rejected an application requesting a building permit to construct a private storage horse barn. In my under>tanding the barn would be an accessory use structure. Since there was not a primary use stricture existing on the parceI7 1 rejected the applicatiOn upOn which decision, the applicant appealed to the ZBA_ The ZBA was advised by legal cOUn�il, "this was not a variance request but was a zoning interpretation ". After a careful review, the Board concluded there was nothing specific in the Zoning Ordinance that requires there to be a primary strLjctur�e existing on a parcel pr-iQr tq the permitted construction of an accessory use structure as long as the desired use of the structure appeared within the zone permitted use list. The Board further determined, "these two definitions were simply a means to identify structure types ". This structure was simply a private garage / storage building which is found as a permitted use within the RR Zoning District and shQLLId be granted a construction permit if plans and setbacks conformed. The second hearing was a request, Under Article 17, Nonconforming Preexi5ting uses, to make a channe of that use ttl similar a use with minor alteration to the building. Applicant supply st room for Board aft of the inn should be 100 % of requested orape yard the purpos er- a caref mediate ne noted, th said neigh e U a e b permi55id struct ure of coal 1 review ghborhood applicdn orhood fo n to Chang to an an 5toVe and of the req , approved t provided V% the regla e a portion site office related sale Ltest and con the request written sup est. 0 a 5 s p f coal nd show . The ideration It ort from Planning Board: The Planning Board met in regular session to discuss a request froin the Peregrine HQllow Subdivir5ion which would reduce the setbacks Of approved Peregrine Hallow Sobdivi5ion lots and adjust One common property line of 2 of the 1994 Phase 1A approval lots. . October 197 Report Page Three F'lannin❑ L�oard - can't As you may not or not recall, the IR approval was completed under the provision of NYS General Municipal Law Section 281 whir*h permits local Planning Boards to adJust lot sizes and setbacks and other similar zoning regulations providing it does not compromise the local density and related requirements. With advise from Town Attorney Perkins, the Board advised Peregrine Partners, "once the Board has completed a 291 appr•nval, the approval cannot be altered without starting over as if hereafter applied for ". The lot adjustment may be completed without Board involvement but would require zoning office approval. peregrine Partner~5 declined to start aver and will provide our office with a resurvey of the adjusted common lot line for approval. i.te Plan Rev..i.p.w...& Special Perm a,t _Project Sheet Attached is a copy of our Site Plan Review, Special Permit tracking program. Very truly yours, � 7 0. Henry M. Slater Z❑ning & EOIding Code Enforcement Officer cc: All Dryden Town board Members Susanne Llaydq Dryden Town Clerk Mahlon R. Perkins, Dryden TDWn Attorney J F- T LL O r i LU W J LL in z w O c} W ly LL LL 0] a W � W 111 J n F Q � W � � r c] U� 4 �L CL d p. 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(} } m � � r m U Cr5 li dF a cY C m 2 GI 1� � y C e L aj M U C. m } m ti a2 al »� e2 �§ ]$ 33 \»& ®9 k) -% \c$ » § %)a ® ' (o2R� 2 4 eGkk2 ��' �6 M \§ /j�_ /77 ])$ g]m § _ »° O ®777- zz( (D CL j� } \k7$ \§ &\E ƒ=$3) _ @ e &� 2)] % \exM 0 �P« k�kJ] ~ Ua�kB)2 §kI § \:3 )° ®t\k @�� aZ a aJ0 E2) /£0 z�) a ±2�= A §Z OLao § 7 ui § § ~ % l ooh 0 2 ƒ ) O (L w u § t LID $uq 0 @ k ` a a � 2 a \ §j g§ f k a k W 2 § ig e a / 0 Im 7° -� kg c § % z k\§\ j0 / § k ) a W § $ \/ §& § m w \ \k g § G § # �# 0 J� 3 _ o E- a( c\ ƒ 7 a k� $� akC \o £f _$/ @E 55 » \ »2 M 6; }$> ¥$� mt2 a= §42 °z w4 22Z 9 -` , ar 2 k§j J \w \«) \q \/ § §k)) ., • TOWN OF DRYDEN NOTICE OF PUBLIC HEARING ON PROPOSED LOCAL LAW NO, 3 OF THE YEAR 1997 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 the 9th day of December, 1997, at 7:30 o'clock P.M. prevailing time to hear all interested parties and citizens for or against a proposed local law prohibiting the establishment of any adult use (sexually oriented business) in the Town (exclusive of the Villages) for a period of 180 days while the Town Board considers adopting regulations of such activity. The complete text of said local law is available from the Town Clerk 65 East Main St. Dryden, New York 13053. By Order of the Town Board of the Town of Dryden 0 Susanne Lloyd, T6wn Cle Local Law Filing EW YORK STATE DEPARTMENT Of STATE g 162 uASRINGTON 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. ciff Town of .. ...Dryden ...................... '.t' HAga Local Law No. .. ................... .............4................. of the year 19 9.7.11 A local law j�:oviding...fo,r. moratorium for the es shm%n_t of (Insert Title) ...... „Aduj,�...V.S .S ................ Beit enacted by the ...... ..................... dos, 71.. B. 4? rd.. ..... .. ....... ... ....... ...-...... ...... ............................ ... ...... ., ...... of the (Name of Legislative Body) JOUGUG ZI Aix of ................. .........Dryden................ as follows: Town ......................................... ............................... SECTION 1: Title This local law shall be referred to as the "Moratorium for the Establishment of Adult Uses ". SECTION 2: Purpose _ The Town of Dryden Zoning Ordinance establishes zoning districts and regulations concerning the use of land and structures. The statutory grant of power to regulate the use of land and structures includes among the purposes of such regulation promoting the health, safety, morals or the general welfare of the community. The Town Board is concerned that the lack of specific regulation of adult uses of land and structures may result in the attempted establishment of an adult use in an undesirable location. The Town Board also recognizes that there are important constitutional issues and protections which must be identified and addressed in any regulation of adult uses. In order to address all concerns and issues in a lawful, thoughtful and reasoned manner the Town Board determines that it must declare a moratorium on the establishment of such uses pending the. review and enactment of appropriate legislation regulating the same. SECTION 3: Definitions (A) Adult use. An adult use is the use of land or structures for an "adult entertainment business" or an "adult physical contact establishment” as herein defined. (B) Adult entertainment business: 0 (1) A public establishment which features topless dancers, nude dancers or strippers, male or female. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS -239 (Rev. 7/90) (1) (2) A building or structure used for presenting, lending or selling motion picture films, video cassettes, cable television, or any other such visual media, or used for presenting, lending, or selling books, magazines, publications, photographs, or any other written materials distinguished or characterized by an emphasis on matter depicting, describing or relating to "specific sexual activities" or "specific anatomical areas" as hereafter defined. (C) Adult physical contact establishment. Any establishment which offers or purports to offer massage, whether or not licensed, or other physical contact by members of the opposite sex. Medical offices, electrolysis, karate, judo and dance studios are not "adult physical contact establishments ". (D) Specified sexual activities. (1) Human genitals in a state of sexual stimulation or arousal; or (2) Acts of human masturbation, sexual intercourse or sodomy; or (3) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast. (E) Specified anatomical areas. (.1) Less than completely and opaquely covered human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; or (2) Human male genitals in a discernible turgid state, even if completely and opaquely covered. SECTION 4: Scope of Controls (A) During the effective period of this local law: (1) The Town Board shall not grant any approvals by means of a special permit, site plan review, zoning change or otherwise for the establishment of an adult use. (2) The Town Planning Board shall not grant any preliminary or final approval to a subdivision plat or any other approval which would result in the establishment of an adult use. • (3) The Town Zoning Board of Appeals shall not grant any variance for any use which would result in the establishment of an adult use. (4) The Code Enforcement Officer shall not issue any permit which would result in the establishment of an adult use. (5) No person, firm or corporation shall establish or use any land or structure for an adult use. (B) The Town Board reserves the right to direct the Code Enforcement Officer to revoke or rescind any Building Permits, Certificates of Occupancy and /or Certificates of Compliance issued in violation of this local law. SECTION 5: No Consideration of New Applications No applications of any kind uses as defined in this local law employee or other representative elected or appointed) while this SECTION 6: Term for the establishment of adult shall be considered by any board, of the Town of Dryden (whether local law is in effect. This local law shall be in effect for a period of 180 days from its effective date or until the enactment of a comprehensive set of regulations pertaining to adult uses, whichever comes first. SECTION 7: Penalties (A) Any person, firm or corporation that shall establish an adult use in violation of this provisions of this local law or shall otherwise violate any of the provisions of this local law shall be guilty of a misdemeanor and upon conviction may be sentenced to a period of imprisonment not to exceed one year, a fine not exceeding $1,000 or by both such fine and imprisonment. (B) The Town Board may apply to a court of competent jurisdiction for injunctive relief to cease any and all such actions which conflict with this local law. SECTION 8: Validity The invalidity of any provision of this local law shall not effect the validity of any other provision which can be given effect without such invalid provision. RESOLUTION NO. 188 (1997) Councilperson T. Hatfield offered the following resolution and asked for its adoption: RESOLUTION APPROVING MATERIAL STORAGE BUILDING CAPITAL PROJECT OF SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER COMMISSION WHEREAS, paragraph 1(c) of the intermunicipal agreement establishing the Southern Cayuga Lake Intermunicipal Water Commission (of which the Town of Dryden is a member) authorizes the Commission to make capital improvements to the projects, subject to approval and authorization of all members thereof, and WHEREAS, the Commission has proposed a capital project consisting of the construction of a 40' x 80' pole barn design structure with 14' of clear height inside the structure at a maximum estimated cost not to exceed $75,000, and WHEREAS, it is proposed to pay the cost of such project from current budget funds and not from a joint capital reserve fund, and WHEREAS, the Town of Ithaca on behalf of the Commission has through its engineering department undertaken the responsibility for the design, contracting, construction and inspection of the project, NOW, THEREFORE, be it RESOLVED by the Town Board of the Town of Dryden as follows. 1. The capital project by the Commission referred to herein in the recitals above is hereby approved at a maximum estimated cost not to exceed $75,000 on the following conditions. (a) Payment for such project shall be from current budget funds unless otherwise authorized by all members of the Commission. (b) The Commission shall obtain all other approvals by members of the Commission necessary to authorize the project. (c) All requirements of General Municipal Law Article 5 -A are complied with as well as all other applicable laws, statutes, rules and regulations. 2. This resolution shall take effect immediately upon the receipt by the Commission of approval of such project by all other members thereto. Seconded Councilperson C. Hatfield Roll call vote - all, voting Yes TBII -12 -97 Page 6 • HIGHWAY SUPE R I NTEMENT Supv Schug - Don received a letter where the county wants to transfer roads to be plowed and salted. Board members have copy of map and it would be a mile for mile swap. Don would like a resolution in accepting their proposal. RESOLUTION #187 AUTHORIZE HIGHWAY SUPERINTENDENT TO SWAP ROADS WITH TOMPKINS COUNTY FOR PLOWING & SANDING Clp T. Hatfield offered the following resolution and asked for its adoptions RESOLVED, that this Town Board authorize Hwy Supt Gilbert to swap roads with Tompkins County for plowing and sanding. 2nd Clp C. Hatfield Roll call vote - all voting Yes Hwy Gilbert - Snyder Hill Road shoulders at Peregrine Hollow - completed. - Yellow Barn Rd, work is completed for year - Hile School Rd - no change. Supv Schug - Ferguson Road bridge - I wrote to the county and village regarding the agreement. I have heard from the village but not the county. CORRESPONDED October ambu \ce calls - board members have copy • DISCUSSION RESOLUTION #188 APPROVAL MATERIAL STORAGE BUILDING CAPITAL PROJECT OF SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER COMMISSION Clp T. Hatfield offered the following resolution and asked for its adoption: (copy in minute book) 2nd Clp C. Hatfield Roll call vote - all voting Yes RESOLUTION #189 AUTHORIZE SUPERVISOR TO SIGN AGREEMENT - BOLTON POINT" RESERVE _FUND Clp T. Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board authorize the Supervisor to sign the agreement to expend funds from Bolton Point reserve fund for pole barn. 2nd Clp Grantham Roll call vote - all voting Yes RESOLU "PION #190 APPOINT RON BECK TO TOWN BOARD Clp T. Hatfield off its adoption: RESOLVED, that this to fill the balance expires 12-31 -97. 2nd Clp C. Hatfield ered the following resolution and asked for Town Board appoint Ron Beck on December 1st of Ron Roberts term as board member which Roll call vote - all voting Yes 10 TB11 -12 -97 Page 7 Clp Grantham - I have invited Lonny Palmieri representative for the Owasco Lake Watershed and also invited Janet Hawks a representative from the Cayuga Lake Watershed network for the Dec 9th board meeting. Supv Schug - if you look at our budget based on last years vs this year for the youth commission and recreation it did go down. The reason for that is the two villages spend the money on projects and we get nothing. If they pay it then we don't have it to spend and they back it up. If they go beyond that point I have asked them come back to the town to explain why they need the additional funds. It really hasn't dropped because the two villages were picking up the difference between the $47,000.00 we pay and the $68,000.00 available. RESOLUTION #191 CHARGE BACK LOST OF PRINTING 1998 TAX FILLS TO TOWN WARRANT Clp Grantham #192 ADOPT offered the following resolution and asked for its adoption: resolution and asked for its adoption: REPORT - report given RESOLVED, that this Town Board adopt RESOLVED, presented. that this Town Board support Tompkins County charging back the cost of printing the Town of Dryden 1998 tax bills at 25 cents per bill to the Town Warrant. End Clp T. Hatfield Roll call vote - all voting Yes RESOLUTION #192 ADOPT 1998 BUDGET AS PRESENI"ED Clp T. Hatfield offered the following board resolution and asked for its adoption: REPORT - report given RESOLVED, that this Town Board adopt the 1998 budget as presented. End Clp Grantham Roll call vote - all voting Yes RESOLUTION #193 APPROVE ABSTRACT #111 Clp C. Hatfield offered the following resolution and asked for its adoption. RESOLVED, that this Town Board approve abstract #111 as audited. Voucher #982 to #1112 for a total of $187,343.77. End Clp Grantham Roll call vote - all voting Yes FINANCIAL REPORT - available to board members JUSTICE REPORT - report given to board members Motion was made by Clp T. Hatfield and End by C. Hatfield to move into executive session. No action was taken after executive session. Adjourned - 10 %00PM Linda Woodin Deputy Town Clerk