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Home My WebLink About1998-08-11PH 8 -11 -98 • TOWN OF DRYDEN PUBLIC HEARING AUGUST 11, 1998 RE: PROPOSED LOCAL LAW I RE: HIGHWAY SUPERINTENDENT Supv Schug opened the public hearing at 6:06 p.m. He explained that this proposed local law will change the way in which the Superintendent of Highways is chosen. The effect would be that the Town Board would have the authority to appoint and remove the Superintendent of Highways. He informed the public that a representative, Lori Mithen, was present from the Association of Towns to assist in answering any questions the public may have. John Tottey, 292 Beam Hill Road - Inquired what the Association of Towns is and what affiliation it has with the government of the State of New York. Lori Mithen - Explained that the Association is a not - for -profit corporation founded 55 years ago by town officials. It is considered quasi - governmental because they are funded by taxpayer dollars which come in the form of dues from member towns. There are 932 Towns in the state of New York and, membership is 90 to 100% in any given year. Towns choose to join the association on an annual basis. The Association provides training and education for the towns. There is an annual meeting each year where municipal officials attend a variety of programs concerning the conduct of town government. They are not an actual arm of State government, but are considered quasi - governmental. Lynn Griffen, Beam Hill Road - Inquired whether the board of the association was • elected or appointed. Lori Mithen - There are 9 employees who are hired by the Executi ve Director, who is overseen by an Executive Board of Directors who are all elected officials.. They serve a five or six year term of office. Supv Schug - Pointed out that Lori Mithen is an attorney, and the Town felt that it was important to have an attorney who is full time in Town business to be present to explain what it means to have an elected highway superintendent and what the difference is with an appointed highway superintendent. That is what Lori is here to explain. Jack Ford - How long would he be elected for. Lori Mithen - Town law provides that the position of highway superintendent is a two year term of office, whether appointed or elected. The Town Board of any town has the option of adopting a local law, subject to approval by the voters, to extend that term to four years. Jack Ford inquired if the term could be one year and was advised that there is no authority for that. You would have to go to the state legislature and ask for authority to do that. Jim Holman, Beam Hill - Can the term be changed after a person is elected? Lori Mithen - You would have to wait until the current term of office expires. Martha Ferger, Dryden Village - asked if the Association had a position on which works better, elected or appointed. Page 1 of 11 PH 8 -11 -98 Lori Mithen - Advised her that the Association does not have an official position. They advocate for retaining a choice. It depends on the needs of the individual town. Jack Ford - Feels the people should vote on it. Lori Mithen - It is a mandatory referendum. You can't change from an elected to an appointed without approval of the voters. Cl Grantham - Asked Ms. Mithen to explain the process of how this happens, changing from elected to appointed. Lori Mithen - The Town Board needs to adopt a local law. It is a local law subject to a bo mandatory referendum. The local law requires a public hearing, which is the part we are at A tonight, and depending on the outcome of this hearing, if the text of the local law stays substantially the same, the Town Board is free to adopt that local law as long as you've met the time frames of seven or ten days of having that on your desk. A local law subject to a mandatory referendum has to go before the voters. The choice is whether it is going to go on the November election or whether you choose to have a special election. You can put a clause 00 in the local law itself saying it will go to a special election or a petition can be submitted by residents of the Town to the Town Clerk requesting a special election. Once that happens the I Town Board has sixty days to schedule the special election. The difference between choosing a special election or the general election would really be the point in time of year that the Board adopts the local law. Since you are close to November it would make sense to go with the November election and save the cost of a special election. Supv Schug - This being a town -wide change it makes a lot more sense to do it at the general election. Greg Humphrey - What is the percentage of Highway Superintendents that are appointed? Lori Mithen - Does not have that information. Greg Humphrey - Less than half a percent, according to the Highway Superintendents Association. Dorothy Buerk, Beam Hill Road - Asked how the responsibilities of an appointed superintendent might vary from that of an elected superintendent. Lori Mithen - There is not a lot a difference in their actual statutory authority. That is established by the highway law. There is publication put out by Cornell University, The Cornell Local Roads Program. If you are interested in what the highway superintendent does this is a good publication. Under §140 of the Highway Law regardless of whether the highway superintendent is elected or appointed, they have basic responsibilities. Dorothy Buerk - I wondered what the difference is and how it would affect us as citizens of the Town of Dryden. Lori Mithen - The basic effect it is really going to have on you is who selects the highway superintendent—whether that person is appointed by the Town Board or whether that person is elected by the people. Their day to day responsibilities are basically going to be the same. The Town Board, because the appointed highway superintendent would be appointed, may have a closer working day -to -day relationship with the highway superintendent, but the position is still statutorily somewhat independent based upon the fact that under the Highway Page 2 of 11 Law they have set statutory responsibilities between the two. PH 8 -11 -98 There is really not a whole lot of difference Martha Ferger - Is there a difference in who they are responsible to? Supv Schug - They are still responsible to the people because the Town Board is responsible to the people. If we had a two year appointed Highway Superintendent and he wasn't doing his job and you had called him several times and gotten no response, I'm sure that if you called one of the Board members and we start getting a lot of complaints, it will be tough for him to be reappointed after his two year appointment. Lori Mithen - For purposes of the position of highway superintendent, if you have an appointed position it is more akin to an employee in that they have more benefits than an elected highway superintendent. They would be entitled to a fixed vacation leave and hospital insurance policy, which maymot necessarily be provided to elected position. There may be someone who is very well qualified who used to be the highway superintendent who has moved out of the Town and you would like that person to serve as highway superintendent. Appointed officials do not have to live within your town. The Town Board could adopt a local law and change that to a county -wide radius or adjoining county radius. You may have a bigger pool of people to choose from because someone may not want to go through the election process. Another situation would be disabilities insurance. The Comptroller's Office has stated that an appointed highway superintendent is eligible for disabilities insurance, where an elected one is not. The appointed highway superintendent may have a few more benefits that an elected official would not have because they are more akin to an employee. Depending on the County you are in there may be some civil service requirements or procedures or benefits that attach. That is a question that would have to be submitted to your county because that varies from County to County. Town Law provides for a two year term, the Town Board does have the authority to extend it to a four -year term. M Ferger - Would an appointed Highway Superintendent sort of serve at the pleasure of the Town Board? Lori Mithen - No, they are not removable except by Public Officers Law §36, which is the same as an elected official. §36 of the Public Officers Law is the procedure to remove any public official. A public official is defined in various ways, but an appointed highway superintendent would qualify as a public official and would only be removable by Public Officers Law §36. That requires either the district attorney's office to submit a request to the Supreme Court of your county, or a resident taxpayer to submit a request to the Supreme Court and the Court decides whether that person will be removed from office. The Town Board does not have the jurisdiction to remove an appointed highway superintendent, just like they don't for an elected. Atty Perkins - But they do have the option of not re- appointing them. Lori Mithen - Sure. You are only entitled to the term of office that you are appointed to. This procedure would be to remove them from a current term of office. John Tottey - Don't the voters have the option not to re -elect someone? Lori Mithen - Yes, that's true. Page 3 of 11 PH 8 -11 -98 Lynn Griffen - What is the reason the Town of Dryden wants to go to an appointed • instead of an elected position? Supv Schug - We want the people to decide. We want you to understand what the law is. The law says we must pay the highway superintendent his full pay for one full year whether he comes in the front door or never comes in the front door. John Tottey - What are reasons for cause for removal of a public official? Lori Mithen - Maladministration, malfeasance, misfeasance. It really depends on the factual situation that you are dealing with. Generally speaking, long absenteeism probably would not qualify for removal from office. It would depend on the judge that you are going before. John Tottey - Isn't maladministration not doing your job, doing your budget. Lori Mithen - You would think so, but there are court cases that say that long absenteeism in and of itself if you have good cause for that and the department is running, is not in and of itself is not justification for a court to remove an elected or appointed highway superintendent. But it would depend on the particular factual situations of your case and whether the highway department was running and what judge you went before. I couldn't say for certain that the particular circumstances of any given case would go one way or the other. It is generally things like you blatently disregard the law, you completely disregard your statutory responsibilities. The Highway Superintendent has to take care of the roads. If the roads aren't being taken care of then he's not performing the functions of his office. Or if he's performing the functions of his office in a way that is not prescribed by the law. For example, you are required to competitively bid for certain projects and he is not doing that and knows • that he should be. It usually has to be pretty black and white for the court to remove an elected official. Supv Schug - You should understand one other thing. Everything she just said is fine. The Town Board cannot bring that action against the Highway Superintendent. Our hands are completely tied as far as bringing any action, even if it is stealing or misappropriation of funds. The Town Board cannot bring the action. Lori Mithen - The action can be brought by the County District Attorney, at their discretion, or a resident taxpayer. The Town Board cannot bring it as a body and they cannot spend taxpayer dollars to do it. Cl Grantham - That goes for an appointed Highway Superintendent as well as an elected. Jack Ford - How long do you have to pay him, for his full term? Supv Schug - The year 2 00 1. Jack Ford - You have to do that? Supv Schug - For each year during the budget process. For this year, through the end of December, he will get full pay. When we do the budget, we can reduce the Highway Superintendent's pay. Jack Ford - By how much? Supv Schug - Whatever the Board decides. Page 4 of 11 PH 8 -11 -98 Audience member - So you then in effect can remove him. Supv Schug - No, you cannot remove him. Audience member - But in effect you can by paying him a dollar a year. Lori Mithen - There are State Comptroller's Opinions that say that a Town Board or City, Village or County Board cannot reduce an elected officer's or an appointed officer's salary so low to the point that you are effectively driving him from office, which you could not otherwise do. So your hands are somewhat tied in reference to a dollar. You obviously cannot go that low. I don't know what would be considered reasonable based upon what this particular officer is doing in reference to the statutory responsibilities. That would be up to the Town Board to decide. As long as it is not so long that it is obvious you are trying to accomplish something that you couldn't otherwise accomplish by law. Audience member - You could pay him by the hour. Lori Mithen - Town Law requires that town officers be paid by an annual salary. You would have .to adopt a local law superceding Town Law X27 to allow him to be paid hourly. That wouldn't work for an elected Highway Superintendent because they don't have any set schedule. They are not required to work 40 hours per week. They come and go as they please. Elected officials cannot have set hours. Supv Schug - An appointed highway superintendent could be paid by the hour. The difference between an elected and an appointed highway superintendent is that if an • opportunity comes along to consolidate highway maintenance operations with another community, an elected superintendent is a constitutional officer and stands in the way of doing that. Lynn Griffin - pointed out that if a highway superintendent is salaried, he also doesn't receive payment for any extra hours he puts in during a week. What happens if an appointed superintendent takes sick for a year? Supv Schug - Disability, workmans compensation if they are hurt on the job. An elected superintendent gets neither one. John Tottey - But the elected official still draws his full pay. Supv Schug - Absolutely. The elected official gets his full pay if he's out playing golf everyday. If he's sick, that something else again. Right now we're paying for two supervisors in the highway department. Really, we're paying for three for the last half of this year. Lynn Griffin - Understands that the men we are tallying about in the supervisory positions were working at the town of Dryden before they were given supervisory positions, so you were paying them a salary anyway. Supv Schug - No, we were paying them hourly prior to. When they became management then they got a salary. The Deputy Highway Superintendent has exactly the same powers as the Highway Superintendent in the absence of him. The Assistant Deputy has somewhat the same situation. If Randy is not here and Jack is in charge he has the same responsibilities as the highway superintendent. Rick Case, Town of Groton - Is the Highway Superintendent in the Town of Groton. If Highway Superintendent's don't get disability, why is it being withheld? Page 5 of 11 PH 8 -11 -98 Lori Mithen - There is an Opinion from the State Comptroller's office that elected officials are not eligible. Rick Case - If I'm not eligible why is the Town paying for it? Is the Town of Dryden in the same situation? Are they paying disability An elected official isn't eligible for disability. to fill the insurance and this man can't draw it? Supv Schug - We don't pay into it for the Town Highway Superintendent. We don't pay into it for Bambi or anybody on the Town Board. An elected official isn't eligible for disability. Rick Case - So this is an oversight? Supv Schug - In your case, yes. Jack Ford - Which way is it going to be, elected or appointed? Supv Schug - It is up to you. If the Board passes the resolution we have in front of us, then it will go on the ballot and in November is when you will have the opportunity to vote for an appointed or against an elected, or whatever. It is a mandatory referendum, which means you have the final say. You tell this Town Board if you want to keep an elected Highway Superintendent. All we are doing is giving you the opportunity to choose. Martha Ferger - If the voters say they want to change to appointed does that have to wait until the four year term is over? Supv Schug - Our understanding is the day after the election we can change. Lori Mithen - A clause in the local law would state when the change occurs. Supv Schug - Chances are what we would do when we know where we are going is put together job requirements and probably try to fill the job by the end of the year. Martha Ferger - Have you looked at experiences in other municipalities and convinced yourselves that appointed would be better? Supv Schug - There is only one Town that we have that we know of for sure that has an appointed Highway Superintendent, the Town of Ithaca. They have a pretty good sized department. They do a lot of DPW work also. They don't have anywhere near the amount of road miles we have, but they have had a very good experience with their appointed Highway Superintendent. Some of the Towns we have talked to are also very happy with the elected Highway Superintendents that they have. There is at least one Town who is not every happy with their elected Highway Superintendent and their Board tried to get it changed two years ago and the people said "no ". They wanted to elect their Highway Superintendent. We are giving you the opportunity to decide how you want the Town to handle it. Supv Schug thanked Lori Mithen for attending and participating in our discussion. Public hearing closed at 6:35 p.m. Page 6 of 11 PH 8 -11 -98 • TOWN OF DRYDEN PUBLIC HEARING AUGUST 11, 1998 RE: ADULT USES - M-AA ZONE Supv Schug explained that this was a public hearing to establish a M -AA Zone. The M- A Zone has two zones within the Town that allow for business, heavy industry and so forth. The M -AA Zone would allow adult entertainment within that zone. Supv Schug explained that the proposed change had been published in the newspaper and Attorney Perkins paraphrased the amendment for those in attendance. Atty Perkins - The proposed zone will cover all of Town of Dryden tax parcels 42- 1 -9.1, 10 and 12 and those portions of 42 -1 -2 and 11 lying north and east of Route 13, which basically is west of Hanshaw Road and north of Route 13. The amendment prohibits adult uses in all of the other zones in the Town of Dryden except the new M -AA zone. It adopts a new Section 1200 subdivision 2 stating that the intent and purpose of the M -AA zone and the following regulations is to establish and identify specific areas where adult uses will be permitted and to establish regulations protecting nearby neighborhoods from the impacts of such uses and separating such uses from non - compatible uses such as residential uses, schools, churches and parks. The Ordinance is amended by adding a new Section 1202 entitled Adult Uses, Subsection 1 defines adult use and adult entertainment business and it goes on to allow adult uses in the M -AA zone with site plan review as are all uses in M -A zones subject to specific other conditions. That is, no adult use can be located within 500' of any single family, two family or multi- family dwelling, 1,000' of any public or private school, 500' of any church or religious facility, 1000' of any public park, and 2,500' of any premises licensed • by the State Liquor Authority under the provisions of the Alcohol Beverage Control Law. It establishes a method of measuring the distance. It sets forth additional requirements with respect to the interior of adult use buildings with respect to their locations. It requires additional screening at the discretion of the Town Board and prohibits adult uses also in the M -A Zones. The proposed amendment was published in full in The Ithaca Journal and was also posted on the Town sign board. Cl T Hatfield - Asked if there were any questions from the audience. Martha Gold, The Ithaca Journal - What is the M -A Zone? Atty Perkins - Read from the Zoning Ordinance: "The intent and purpose of the M -A Zone and the following regulations is to establish and identify specific areas where small and intensive retail business and industrial and manufacturing development will be encouraged, where minimum performance standards will be required to protect the value and efficiency of such areas by excluding from them, as far as possible, noncompatible land uses." He pointed out that residential uses are not allowed in the M -A Zone. Arch Darling - Asked where the M -AA Zone is located. Cl T Hatfield - From the Town of Lansing line along Route 13 bordered by Hanshaw Road. Peggy Walbridge - Is it next to the M -A Zone? Page 7 of 11 PH 8 -11 -98 Atty Perkins - It actually takes part of the existing M -A Zone in that area and changes • that to M -AA. It is basically that portion of the existing M -A Zone more toward Route 13 that is designated M -AA. So M -A uses would be allowed there as well as adult uses. Some members of audience came forward to look at the map of the proposed M -AA Zone. Peggy Walbridge - What is the thinking in putting the adult entertainment zone in one place and not in the rest of the town - did you have a lot of complaints or what is the thinking of the Town Board? Atty Perkins - It was the recommendation of our consultant who is here tonight and can speak to that. Peggy Walbridge - Why do you have to put it in one area, not only why that area, but why pick an area to put it in. Cl Grantham - This whole initiative was requested by a resident who asked us to develop an adult entertainment law and we can only regulate where they go. We can't say they can't be here at all. One of the things that we did was contract to have a study done about the impacts and a consultant came to Town and asked a lot of questions and looked at a lot of things and that was the recommendation that was made. One of the things that people have said is that would like restricted distances from homes and schools and churches. Atty Perkins - And concentrated in one area rather than throughout different areas. Cl Grantham - So it has been comments and public hearings as well as the consultant's • study. Cl T Hatfield - You are aware of the Sirens issues in the Town of Groton? That basically is what precipitated the entire discussion within the community and therefore the Board, and has precipitated an entire series of events that started some months ago. It is based on a lot of data that has been gathered by the Town's consultant to deal with the issue and this is based on those recommendations and findings that have come out of those studies and the discussion within the community. Robert Penna - The Courts have said that you can't attack or in any way address what is considered to be free speech, i.e. what goes on in any adult use facility be it movies, pictures, videos, whatever. However, the Courts have recognized that these places tend to have an impact on the surrounding neighborhood. The Courts say that you can zone in an effort to lessen or alleviate these impacts on an area. One of the things that we potentially face in Dryden, and it is illustrated by what happened in McLean, is that the impacts on a small rural community are much different than on a large city. Most of the studies done in large cities show problems which are really unlikely to happen in a place like this. However, there are very, very severely felt impacts such as noise, the sudden infusion of large numbers of strangers, etc. All of these things can directly impact the cohesion, balance and sense of community for a community like Dryden or McLean. Based upon that we felt that since the Court said you have to allow these someplace that we would look for a place where it would have the least possible impact and the M -A Zone made sense so we took a portion of that. My recommendation was that the Town create a sub - portion of the M -A Zone, dubbed M -AA, and that is where the adult uses would be allowed. You have some control there. You would not want someone opening a package store or a bar right next door to one of these businesses. The Board has come up with an ordinance that pretty much covers all possible 0 contingencies and still meets the constitutional requirements of free speech. Page 8 of 11 PH 8 -11 -98 Wendy Aquadro, Ellis Hollow Creek Rd - That means that if someone comes to Dryden with the intent of putting in an adult entertainment business, they only have to buy land in that zone. Robert Penna - Basically, we want to put this someplace where it is not going to stick out like a sore thumb. There are places approaching Hanshaw Road that are empty but if you put something there suddenly it will stick out like a sore thumb, people will become aware of it, it will become an attraction. If it is in the M -A Zone we have more control. Atty Perkins - It should be clear that this does not apply to any property in the Villages of Dryden or Freeville. It is town -wide exclusive of the Villages. Supv Schug - You have to understand the reason for picking out part of the M -A Zone is that the M -A Zone is the most restrictive zoning and building area we have. Everything has to come before the Town Board before anything is done in the M -A Zone. They have to come before the Town Board for Site Plan Review, Robin Seeley, Hurd Road - How narrowly is adult use defined? I remember the situation in Groton, but is that the only kind of establishment we are talking about? Atty Perkins - Suggested that Ms. Seeley take a look at the definitions in the proposed ordinance. Martha Gold - Noted a lot of the land in the proposed zone belongs to Cornell University. If someone wanted to build there they would have to purchase it from Cornell University, is that right? • Robert Penna. - The Courts have said that the present circumstances of the land be it improved or unimproved, occupied or unoccupied, for sale or not for sale, for lease or not for lease, is not germane. The question is whether there is space. Martha Gold - It doesn't matter whether it is available or not. Robert Penna - Availability is not the test. Profitability is not the test. They can't come back and say "You stuck us off in a corner and there's only one dirt road and nobody can get to us and we can't make a million dollars ". That's not our concern and it is not an issue. Cl Grantham - It is no different than saying in another zone that land which is currently agricultural could have homes on it, but first somebody has to buy the agricultural land to build a home on it. It is the same thing. The land has to become available for sale. But if it does become available for sale there are restrictions on how it could be used or how the current owner could use it. I have two comments from Lori Gardner who couldn't be here tonight. Section 1202 in the definitions, Part B(6), which was male or female impersonators. She thinks that should be taken out because it could be mixed up.with other activities, like Shakespeare. And Part C, she thinks that instead of adult physical contact establishment, it should be adult sexual physical contact establishment in order that it doesn't refer to things like hairdressers or barber shops, and that it should not say "by members of the opposite sex". That should be crossed out. • Supv Schug - Inquired if there were any other questions or comments. Page 9 of 11 PH 8 -11 -98 Ken Finklestein — Marshall Taylor has been following this very closely and has reviewed the draft copy. He was unable to be here and wrote a letter. Mr. Finklestein read the letter and distributed copies to the Board members. Letter follows (scanned in): 61 Turkey Hill Road Ithaca NY 14850 10 August1998 Dryden Town Board 65 East Main St. Dryden NY 13053 Dear Board Member: I want to thank you for the effort which you have put into considerations on placing appropriate controls on the establishment of "adult use" facilities in our town. While I am disappointed that more protections to home and business owners have not been incorporated into the draft of the zoning ordinance amendments, I understand that only so much can be done to prevent the damaging, and economically depressing, impacts of these establishments. There are several items in the draft amendments which I want to address. In Section 7, part 2, paragraphs (a) and (c), the draft amendments establish only one -half the required buffer (500) between adult use facilities and private investments such as homes, residences, churches and other religious facilities that are required between adult use facilities and public investments such as schools and parks (1000'). 1 urge you to protect private investments to the same extent that you protect public investments. Remember that having to sell one's private home, at a depressed value, in order to move to a more suitable location for raising a family would be a severe financial and emotional hardship. Dryden private property owners deserve a reasonable buffer between their homes and businesses and adult use facilities. I would like to see the buffer requirements applied to the operation of adult use establishments within the specified distance of any parcel zoned for residential use, not just existing residences. Anyone who has invested in land zoned for residential use in expectation of building a home should have the same protection as those who have already constructed their homes. I hope that you will extend the buffering requirements to a minimum distance of 2500 feet. In an urban environment, due to the overall level of activity and complexity of the landscape, an adult use facility 1000' away from a residential community may not have much impact upon the character of the neighborhood. In our rural area, having such a facility within one -half mile of a neighborhood certainly will have a cruel impact the character of the neighborhood. In Section 7, part 2, paragraph (e), the draft amendments restrict adult use facilities from being placed within 2500' of premises licensed for sales of alcohol products. I am concerned that this provision. as written, will increase the incidents of drinking and driving along NYS Route 13. I ask if it would make sense to either drop this paragraph entirely or to significantly increase the distance so as to make it meaningful. Transport in and about the proposed M- AA zone will be by private vehicle and a two minute travel time is meaningless to avoid the problems associated with having alcohol consumption and adult use establishments in proximity. Further, whatever requirement is established, I believe that some provision must be made to enforce the restrictions against premises which may in Page 10 of 11 PH 8 -11 -98 the future apply for liquor licenses. The requirements of the proposed amendments could be short- circuited by first establishing an adult use facility" and then applying for a liquor license at a nearby premise. Finally, if any of the above requested changes result in removal of most or all of the parcels named in the proposed amendments setting the boundaries of the proposed M -M zone, and if that removal raises concerns that the town is not providing adequate space for such establishments, I note that you have an available process to rezone other regions of the town, hopefully in areas where the very harmful impacts of "adult use" facilities can be minimised. Thank you for your consideration of my views. Sincerely Marshall R. Taylor 272 -4155 cc. Jim Schug • Supv Schug - Part of the thing with an M -A Zone as in our ordinance, you cannot build a home in the M -A Zone. So someone cannot go to the M -A Zone that this falls in and build a house and then someone comes along later and put in an adult entertainment business within 500' of it. The Town Board would not allow someone to build a house. So it is written in the M -A Zone Ordinance that if you have a house in that area and it burns down, you need permission from the Town Board to build it as a home, and we would prefer that you didn't. If your home is already there we will not stop you from living in it. Part of Marshall's concern is already taken care of. The buffering zone is too. There is quite a buffering written into the zone. The M -A Zone has a very restrictive and good buffering within it now. Cl T Hatfield - I think the M -A Zone itself provides the answer to a lot of the questions and concerns raised, which are good ones. The M -AA is a sub of the M -A Zone. Martha Gold - Has the Town gotten any requests to build such an establishment? Supv Schug - No, not directly, but it is our understanding that the people who run Sirens seriously took a look at the Boxcar. So instead of Sirens being in McLean and them having the original problem, it could very well have been in our Town. It did happen once before. People put in a bookstore and it became an adult bookstore. The Town did manage to close it down because they had lied on their application. Supv Schug inquired if there were any further questions or comments. There were none and the public hearing was closed at 7:25 p.m. Page 11 of 11 TB 8 -11 -98 • TOWN OF DRYDEN TOWN BOARD MEETING AUGUST 11, 1998 Supv Schug opened the Town Board meeting at 7:30 p.m. Board members and guests participated in a moment of silence followed by the pledge of allegiance. Roll call by Town Clerk Bambi Hollenbeck proved the following in attendance: Cl Ronald Beck, Cl Thomas Hatfield, Cl Deborah Grantham, Supv James Schug, Atty Mahlon R. Perkins. Cl Charles Hatfield was absent. CITIZENS PRIVILEGE OF THE FLOOR Bill Dewey - Gave a presentation regarding Y2K - a potential problem for computers when we enter the year 2000. Computer programmers are working frantically to fix potential problems but it is likely that all problems will not be resolved in time. Some companies may not be compliant until the year 2016. Computers regulate a lot of things including our fuel deliveries. It may be that we will not be able to get fuel, electric companies may shut down as well as grocery stores and hospitals. We need to provide a safe haven for critical skills people. We may lose telephone services. FEMA has a plan to bus people from New York City to other areas, the Ithaca area being one of the first places on their list. The public needs to be aware of the potential problems and prepare for this now —stock up on groceries, prescription drugs, have an alternative source of heat. Most computers manufactured after 1994 or 1995 are probably alright, but they should be checked. • The government and banks are working toward being prepared for this. New York State's fiscal year 2000 actually begins April 1, 1999. Monthly checks issued by the government could be held up if their computers are not ready for the year 2000 transition. Mr. Dewey stresses the importance of making sure that business and banks you deal with are set up for year 2000, and stocking up on necessities in the event businesses shut down. Ken Finklestein - Wondered if the agenda for town board meetings could be posted on the town website. Supv Schug - There have been some problems and someone put a lock on the page. We are working to straighten that out. We would like to put the agenda on and keep the web page current. We intend to do that as soon as we get it unlocked. Robin Seeley - Has written a letter to the Board asking the Board to support the Varna Community Associations request for a moratorium on special permits. Ms. Seeley and her husband work in Varna and reside in Ellis Hollow. Varna has been especially impacted by special permit requests in the past year, but it seems like all areas of the Town will benefit tremendously by taking a break from granting special permits. She suggested discussing a revised comprehensive plan for the whole town. A moratorium would allow an opportunity to hold discussions about a revised plan. There are concerns in Ellis Hollow about the subdivisions which are being located further and further away from Ithaca and some people are having trouble with their water as more and more wells are dug. Increasing population densities cause an increase in traffic. People in these neighborhoods need a chance to discuss the costs and benefits of municipal water and /or wider roads in contrast to what people have • as a vision of what their neighborhood should look like in fifty years. The town should grow carefully with the goals thought out in advance. The moratorium and the discussion of a Page 1 of 15 TB 8 -11 -98 revised comprehensive plan would prevent the case by case by case approach to development by special permit that we seem to have. The moratorium would allow us to stop and offer all citizens a chance to discuss what they want their neighborhood to look like, how they want to live and what kind of town we want to leave behind for the next generation. She is requesting the board support the moratorium suggested by the VCA. Supv Schug - We began working on an updated comprehensive plan back in 1989 and had meetings in Ellis Hollow, Varna, Freeville, Etna, Dryden and all over the Town. The Planning Board took on the project. At some meetings only 5 or 6 people showed up. Questionnaires were distributed. Joe Lalley put a lot of effort into the project and then got involved in other things. We are currently putting the old plan into the computer and preparing to revise it. The old long range plan was really not that far off as far as where problems were. The turn out at the meetings was low and because of that it may not solve all the problems you have outlined. We need involvement from residents in order to do the best job. Whether or not we can do a moratorium on special permits, I don't think we can re -write that long range plan in less than 8 months to a year. Our attorney can advise us on the moratorium. Your letter mentions that the Varna group has been meeting with the Tompkins County Planning Department? Ken Finklestein - The request from the VCA to the Board had to do with having a moratorium for two months or some very specific date because the County Planning Board has been discussing with people in Varna, at the center, and putting together a revitalization plan for the hamlet. They have done this kind of thing in other areas, Caroline and Speedsville. Since they are interested in putting together a revitalization plan. Supv Schug - This is the Tompkins County Planning Department? Cl Grantham - The VCA submitted a grant application for some community development money that is basically main street revitalization. They didn't get the funding, but the Planning Department came back to them and offered to work with them, as they have for other communities, to do some planning and develop a kind of proposal that would get funding. One of the reasons they didn't get funding was because they had not done any planning and thinking about what they wanted for the community and so that is what they are doing. Supv Schug - How long have you known that? Cl Grantham - They made an announcement at one of the hearings in Varna. K Finklestein - We 've been having a meeting once a month or so. Supv Schug - When did you tell the Town Board about it? K Finklestein - It was definitely brought up at one of the meetings in Varna and people were invited to come. It is basically to figure out what people think we can do to improve the situation along the main drag in Varna, possibly spruce it up. There is money from the County to do some of those things, but before they'll give it to the VCA we need to have a picture of what we want to see Varna looking like. The idea of the moratorium was that since we are putting together this picture for the County, then it would be nice to keep things the way they are now before the picture changes. Supv Schug - What I don't understand is why the County Board, County Planning Department, has never said anything to the Town Board. Nobody has ever said anything. Why are they working with you guys and not putting the Town of Dryden in the loop? Page 2 of 15 TB 8 -11 -98 • K Finklestein - Apparently they have done this in many other communities as well. Supv Schug - It seems they would share this information. Michael Lane - This is all part of the Commercial Center Revitalization Grant Program. The County is in its second year with this. We have solicited grants from areas throughout the County. One of the first grant applications we had was Varna. The reason it was not approved was that there were problems with their grant application and the County agreed to work with them. One of requirements is that there be a plan in place for a commercial center. That is why the first two areas that were eligible were the Villages of Groton and Dryden because they both had commercial center plans. We've worked with Caroline and we are working with Danby and Newfield. This is not taking away any prerogative from the Town Board. This is something that has to be in place if this organization is going to be successful in getting matching funds to fix up-their community. Supv Schug - But the Planning Board doesn't say to the Town Board, we're working with people in the hamlet of Varna and they want to put a moratorium on special permits? Michael Lane - I don't think that is anything coming out of the County. We're talking about a $4,000 grant application. We aren't talking about anything that has to do with a moratorium on special permits. Cl Grantham - This planning process doesn't have anything to do with zoning either. It is for stuff like facades of buildings and what kinds of businesses do you want to try to attract and that sort of thing. It was announced at one of the meetings in Varna. • Michael Lane - Will be happy to have Tom Schefala from the Planning Department call you and bring you up to speed on it. Cl T Hatfield - You are saying that the assistance that you understand the County is providing the community involves upgrading the Varna Community Center? Mike Lane - It could be what they would like to have the street look like down through there. It could be their vision for things. Cl T Hatfield - I'm reacting to something you said which was that there wasn't any suggestion of a moratorium coming from the County. Mike Lane - Not to my knowledge. Cl T Hatfield - This has to do with the upgrade of the Center. Ken Finklestein - Explained that they have a target date to submit this and they are asking that no more permits be issued during that time so that they can decide on a plan based on what is here now. If any permits are issued for that area it changes the whole equation and it is hard to make a plan under those conditions. They are asking for a moratorium to insure that things don't change during this time. Atty Perkins - In order to have a moratorium upheld, and what a moratorium basically does is interfere with the right to use one's property, it must be established in response to some dire necessity. The action establishing the moratorium must be reasonably calculated to alleviate the condition which_ you have identified as a dire necessity. You must be able to demonstrate that the Town must take these steps to rectify the problem. I think the VCA • needs to address those points in order to have any action by the Town considered. This is what the Court of Appeals has said regarding the standards by which moratoriums are based. Page 3 of 15 TB 8 -11 -98 Robin Seeley asked if there had been other moratoriums in Dryden and was informed that there had been for cell towers and adult entertainment, but these were specific. We were addressing a need and it was town -wide. Those moratoriums were lifted as soon as local legislation was in place. Atty Perkins - I believe you can do one that is localized and identify specifically the area, but someone needs to speak to what is the dire necessity that needs to be addressed. Ken Finklestein - We will try to frame it in that context. Atty Perkins - The action of establishing a moratorium has to be reasonably calculated to address that condition and the third part of it is that the Town has to be involved in taking steps to rectify the problem. You are lacking the first two parts of this equation. Atty Perkins will provide Ken Finklestein with legal guidelines. COUNTY BRIEFING Mike Lane - Apologized for any misunderstanding about the grant program (VCA). It is the same criteria sent out for three application processes. The County has offered to help those communities that did not have any kind of plans or if they did not want the County involved, they would be glad to entertain an application so that they would hire a consultant or they could do it themselves. It is not a matter of the County trying to do anything at a level other than trying to be of assistance in sprucing up the commercial centers. The report on the Caswell Road leachate that is being done by the County consultant • has been received and that information is being reviewed by the Solid Waste Department. We should have more information on that in the near future. He does not know what the recommendations are yet. The County has begun working on the budget for the upcoming year. Some requests are higher than anticipated. If they were all paid as submitted it would be very, very expensive. It will be a tough budget process. There are issues such as whether to move forward on a new emergency communication system for the County would could cost over 11 million dollars as proposed by Jack Miller. There is the potential library move which could cost up to 10 million dollars. There is the necessity of looking at the jail program and possibly building on to the jail. That could cost 5 million dollars or more. All of these figures are very much up in the air. He cautioned to treat the figures you hear being batted about with some skepticism. The Agriculture and Farm Land Protection Board is sponsoring Farm City Day at Lew - Lin Farm this Saturday on Livermore Road. Encouraged the public to come out and learn the experience of dairy farming, life on the farm, amazing things about cows, exhibits, etc. It will be from 11:00 a.m. to 4:00 p.m. this Saturday. You can park in the TC3 parking lots and they will shuttle you by bus. Part of Livermore Road will be closed. Tompkins County Airport Day will be August 29, 1998. They will have a number of exhibits including a Russian bi -plane, a B -17 Bomber, Piedmont Airlines DC -3, fire and airport rescue equipment, airplane rides ($12.50 each), tours of the tour. East Hill Flying Club will have a pancake breakfast and host a bar -b -q. There will be free admission and free parking. Supv Schug - Inquired about the meeting regarding County bridges. .Mike Lane - The resolution which is a resolution which enumerates the bridges that the 0 County is responsible for on Town roads will likely be acted on by the committee at the next Page 4 of 15 TB 8 -11 -98 • meeting, in two weeks, but at the same time they will be initiating a meeting with the Town Supervisors, possibly through the Tompkins County Municipal Officials organization, to once again look at the working relationship with the bridge program. Two issues have surfaced, one is the base line of the bridges, which is what the County resolution does. It doesn't change any of our relationships with the Towns, and the second is to make sure people further understand where the five year bridge program is. We feel that a meeting like that would be a very good idea. Cl Grantham - Asked what the action is that the County Board will be taking. Mike Lane - The County Public Works Committee will be recommending, if it passes and he thinks it will, a resolution to the County Board which simply lists the bridges which exist in 1998 and which the County has responsibility. Any other bridges to be added in the future must be discussed with the County, mainly to insure the quality of bridge. Supv Schug - Is concerned because we have a 52 year old law that came up for discussion and the County is rushing to change it. He has not encounted a Supervisor, old or new, that has had a problem which the bridge law as it stands from 1946. He does not understand why the law has to be changed. The County is not just accepting a list. There is a preamble before it and afterwards that says that the Towns will go to the County and accept no more bridges. Mike Lane - That is a change because it sets out that a bridge can only be added with the permission of the County. It does preclude adding a bridge. He does not feel it will do anything different that what we have now, but give the County a baseline, an inventory that everyone can approve of. • Supv Schug - He has requested that the matter be put off until September. Supv Schug informed Mike Lane that we had only heard from two organizations regarding the celebration funds - Sturgess and a go -kart track. Mike explained that the intention of the County was that the celebration money be used for municipal and not -for- profit groups that have celebrations. Typical example is the Ellis Hollow Fair. If the money used to support any kind of private celebration (i.e., business) support for continuation of the program may fade. The Town has advertised in every paper it deals with. Mike suggested that in addition we write to organizations. The money does not necessarily need to be used this year, but should be earmarked for next year if that is when it is to be used. Charles Evans - Regarding the budgets, requests for funds have been great this year. He supports the idea of moving the library with their request goes the doubling of their operating budget. The decisions are going to be difficult. The County Board this month approved the money for Foodnet which runs meals on wheels. They will be moving from the Biggs site to the northeastern part of the County. Foodnet was operating out of 1800 feet of space and had reached a point where they could not increase the number of meals they were providing (93,000 meals /year now). They have estimates that they need to produce at least 104,000 meals next year. The proposed new facility will be 3,900 square feet and provide reasonable space for this increase in meals. With respect to the Y2K problem, there is an excellent book in the County Library regarding this. It lays out what you might expect for the first week, the first month, the next six months, etc. The County retired their mainframe so the majority of their Y2K problems were corrected at that point. The County will be meeting to discuss their approach and make sure that they don't have any problems and will be setting up a testing problem to test their Page 5 of 15 TB 8 -11 -98 PCs. The major programs are date compliant and they will make sure their smaller programs 0 are also. Testing will take place on a weekend so as not to interfere with business. Bill Dewey inquired whether the new county communication system operated off a satellite. Charles Evans informed him that it is not a satellite system, it is an upgrade of towers. Council Privilege of the Floor Cl Grantham gave an update on the personal safety program and distributed information to the Board. She has obtained a quote from a self defense instructor in Cortland and new dates for October and November when the Varna Community Association is available. The program includes a self defense program (cost: $250), a personal safety session (cost: $200), and a crime prevention session by the NYS Police. She feels it would be a good program to try. Advertising would be an additional cost and the VCA will waive their fees for use of the building. The dates are October 19, 26 and November 2. We should be able to accommodate at least 40 people. RESOLUTION # 182 - EXPEND FUNDS FOR PERSONAL SAFETY PROGRAM Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that the Town of Dryden is hereby authorized to expends not to exceed the sum of $750.00 in connection with the presentation of a personal safety program to be held at the Varna Community Association, said expenditure to cover the cost of instruction and - advertising. 2nd Cl Beck - • Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Cl Grantham Yes Engineering Supv Schug explained that he had received a letter from the Varna Community Center stating that they do not intend to pave the driveway and /or parking area. The quote that Dave Putnam had put together included paving. He has spoken with D Putnam who indicated that they would then have to add more stone and oil. He has not heard from the VCA regarding the right -of -way or the size of the driveway. Ken Finklestein - The people on the grounds committee are not available and he will let them know that they need to get in touch with the Supervisor. D Putnam - With respect to the Yellow Barn drainage matter, he is waiting to hear from the State about what they are going to do with the culvert that crosses Route 13 and what they are going to do with the stream on both sides of that. The more work they do, the less we will have to do. Supv Schug - The manholes in Varna have been taken care of, with the exception of manhole # 17. It needs to be redone because the sewer gas is deteriorating the concrete. D Putnam has obtained estimates for the cost of this work ranging from $19,600 to $25,400. The problem can be solved by (1) installing another concrete manhole, at best a 30 year solution, (2) putting in a manhole made of high density polyethelyne which is pretty much �) immune to the sewer gases or (3) installing two manholes and 190' of sewer. The biggest Page 6 of 15 TB 8 -11 -98 • problem is that because this is on the end of the force main on 366, all the while they are working on the sewer they have to have two septic tank sucking pumps operating because there is no way to pump around this manhole. The Board discussed the options and decided to go with the third option. This is a sewer district expenditure. Because this a public works project and the cost will be in excess of $20,000 the job will need to be bid out and D Putnam will prepare the bid specifications and do the contracts for our next meeting. Attorney Lettuce Water Agreement - Atty Perkins and the attorneys for NYSEG and Agway will be working on this. DPW Supt Local Law referendum - There had been some thought that people would be confused with two questions on the ballot. After discussion it was decided to leave two questions on the ballot for November. Zoning Officer Board members have copies of the Zoning report. ZO Slater - Mr. Ed Bell is present to discuss the screening of Bell's Automotive in Varna. Ed Bell, owner of 945 Dryden Road - Requested an extension of time to place the • planters (previously approved as part of the screening) because it is still unclear exactly where the driveway to be used by the VCA (on Bell's side of the building) and if the planter is placed incorrectly it could interfere with visibility. After discussion, the Board agreed to give Mr. Bell until October 1, 1998, to put the planters in place. Cl Grantham - Asked ZO Slater to explain what is going on with the Pleasant Mountain Subdivision. ZO Slater - Mr. Hovanec of Bailey Homes, owner of Pleasant Mountain Subdivision, is asking for more time to implement the preliminary approvals of the Pleasant Mountain Subdivision in an attempt to obtain final approval. After reviewing the regulations, he doesn't think it can be granted. The Planning Board may approve a preliminary approval for 180 days. The applicant may petition the Planning Board for not more than two consecutive 90 day extensions, which gives you a total of 360 days. On August 19 the 360 days expires. Inquired of Atty Perkins where that leaves Pleasant Mountain Subdivision. Does it leave it unfinished? Do they have to start over? Atty Perkins - A final plat has not been signed or approved? A final plat has to be filed within a prescribed time or it is void. ZO Slater - I have that to send out with that advice, plus I have off - street parking models to send out which may be helpful. Supv Schug - That's too bad. It was a good project -and they have been very cooperative with the Town. Apparently their financing took longer than they thought it would. Now hell have to go back to the Planning Board, Page 7 of 15 TB 8 -11 -98 ZO Slater - I would hope that having no specific water and sewer district changes and • no building code changes that he would be able to reapply with the same plans and get them approved if everyone thinks that is reasonable. Supv Schug - Atty Perkins will take a look at the ordinance and see if there is something that the planning board can do or we can do. Department of Public Works Three bids came in on the highway garage roof replacement: PS Griswold Co., Inc. $ 79,700.00 Excelsior Systems, Inc. 88,890.00 McPherson Builders, Inc. 106,620.00 The Board discussed the bids and agreed to accept the lowest bid. RESOLUTION # 183 - ACCEPT LOW BID FOR HIGHWAY GARAGE ROOF Cl Beck offered the following resolution and asked for its adoption: RESOLVED, that this Town Board accept the low bid by PS Griswold Co., Inc. for the replacement of the Town Highway garage roof in accordance with the specifications prepared by the town engineers, and the Supervisor is authorized to sign the construction contract upon approval of the same by the Town Attorney. 2nd Cl T Hatfield Roll Call Vote Cl Beck Yes • Cl T Hatfield Yes Cl Grantham Yes Highway Department Supv Schug - The Highway Department has made a request to place the 1996 Chevrolet truck out by the road with a sign on it and sell it for $14,500. We were offered $12,500 for it and tuned it down. The truck is worth the $14,500 we're asking. RESOLUTION # 184 - SELL 1996 CHEVROLET TRUCK Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that the Highway Department may place the 1996 Chevrolet Truck for sale by the road and sell the same for $14,500, and it is further RESOLVED, that the Supervisor is authorized to sign whatever documents are necessary to complete the sale of said vehicle. 2nd Cl Beck Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Cl Grantham Yes Supv Schug - Explained that the Highway Department has several items of old equipment to the Lansing Auction. These are items which the Highway Department no longer uses and feels that we should sell them for whatever funds we can obtain from the sale. I• . • • • TB 8 -11 -98 RESOLUTION # 185 - SEND EQUIPMENT TO AUCTION Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that the Highway Department is authorized to send the following items to auction in Lansing, New York, on September 15, 1998, funds from said sale to be made payable to the Town of Dryden: one water tanker, one rubber -tired roller and one 8 ft sander spreader. 2nd Cl Grantham Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Cl Grantham Yes Randy Riker - With respect to Yellow Barn Road, we are working on this side now. We 've had some drainage tile put down and now we're trying to take some steepness out of the hill. Later in the year we will stone and oil both sides. Yellow Barn Road is pretty much open all the way to the other end. Ellis Hollow Creek Road - All of that paving will be done before Labor Day, including the County's end. Hile School Road - The contractor is taking advantage of the low water level and finishing a job in the Susquehanna River. He will be able to begin work here before the end of the month. Supv Schug - You have a copy of a letter Randy wrote regarding the County's new communication system. Randy Riker - Our biggest thing is how long is the County going to mull this thing over. How long will our radio systems work at 10% power. We have a lot of dead spots. Supv Schug - But you can put in this new equipment and it will be compatible with what the County is going to do. If that is the case, that's fine. Mike Lane - Suggested that we talk with Jack Miller. This is not on fast track. It is not as if it will pass tomorrow. The current status is that we have a proposal from Motorola and we have hired a consultant to review that proposal to see whether there are places where cost savings can be made and what can be done about phasing this in over a period of time. I wouldn't think it is something that you want to delay, but compatibility makes a lot sense. Supv Schug - We can't see spending $11,000 and then in two years have to spend more to be compatible. We prefer not to work the way we are having to work now when there are dead spots all over town. It is not easy for the drivers to be out and be in trouble some place and not be able to get help. Randy Riker - My new helper is helping out immensely even though it has been a bumpy road for him. Cl Beck - Do you expect you will have to have all new radios? iR Riker - That is something we need to find out. Page 9 of 15 TB 8 -11 -98 Supervisor Supv Schug - He would like to respond to the people who have written for celebration funds, and will write to those organizations we know of who would be eligible. Neither of the two organizations have adequately answered our questions. Rather than ask them for a budget, I'd like to find out first if they are eligible. We have already discussed Varna's request for a moratorium. Atty Perkins will get some information to Mr. Finklestein and we can move on that next month. You all have a copy of David Weinstein's letter regarding the Ottenschott matter and his comments and observations on what we did and didn't do. Cl T Hatfield - I think we should respond to it. Cl Grantham - He asks a couple of questions in here about how to get information across and I think they are worth answering. Supv Schug - The NYS Dept of Transportation has advised us that they will not lower the speed limit on Game Farm Road. Because there is no development on Game Farm Road has nothing to do with the number of people who jog, walk or ride their bikes up and down Game Farm Road. Under the law it is up to the State to do it. Dawn Potter - Advised the Board that P & C now has their 18 wheelers twice a day go down Game Farm Road (four trucks). She is disappointed to hear this. Supv Schug - Will find out if there is anything else we can do. Our engineer and Randy will take a look at the Town of Dryden portion of the road. The County has said they are not going to change that bridge for ten years and as a result, we are taking a look at doing some drainage on the uphill side of the bridge toward Snyder Hill Road. We think we can put some manholes, sewer drains, down into the creek and hopefully this will give the joggers a place to go to get out of the way of the cars. Peggy Walbridge - She travels that road regularly and does not feel the State did any measurement of the number of cars. There were no tapes put down on that road. Supv Schug - There is a trail that comes out on that road from Ithaca. In time we would like to extend that trail to Route 13. Right now when people come out of the Ithaca trail there is no where to go but up or down Game Farm Road, Dawn Potter - Was Cornell University asked to assist with input? Supv Schug - We didn't ask them to do a resolution because they don't own the road, but that might be a good idea. Mike Lane - They sometimes contact the State Police for an opinion on whether the speed limit should be changed. It is possible that they based their position on a report from the State Police. It might be possible to contact them and find out if they issued any kind of report. Supv Schug - Well ask the Game Farm too. Page 10 of 15 U TB 8 -11 -98 • Supv Schug - You have a report from the paramedics. Do we have anyone to appoint to the Recreation Partnership Board? Cl T Hatfield - No, we haven't been able to find anyone. Supv Schug - Inquired of the audience if they might know of someone who was interested. He explained roll of the Recreation Partnership Board in helping to provide recreation sports for those children who don't make the school teams. There is an agreement between all the towns to work together and be part of the Ithaca Youth Bureau and supply children with the advantage of summer camps and sports programs. It most directly affects those town residents who live in the Ellis Hollow /Varna area and attend Ithaca City Schools. Mike Lane - Explained that the current agreement expires at the end of 1999 so it is very important to have effective representation on the board for the negotiation process. Audience members indicated they would search for possible candidates. Supv Schug - Board members have a copy of the Water Resource Committee minutes provided by our representative. With respect to the RD Zoning District interpretation, we were supposed to get a letter from the Chairman of the Zoning Board of Appeals, but Jim has yet to receive the letter. The ZBA would like the Town to have a public hearing and clear up that section of the zoning ordinance regarding mobile homes on individual lots. The question is whether mobile homes on individual lots is an allowed use in the RD Zone. Atty Perkins' interpretation in the past is that mobile homes should not be allowed in the RD Zone and he will prepare the proper 40 resolution for the next meeting and take the necessary steps to revise the Zoning Ordinance. RESOLUTION # 186 - APPROVE ABSTRACT # 108 Cl Grantham offered the following resolution and asked for its adoption: RESOLVED, that this Town Board approve Abstract 108, as audited, Vouchers #706 through #782 and Vouchers #784 through #786, totalling $105,916.56, leaving Voucher #783 to be acted on at a later date. 2nd Cl Beck Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Cl Grantham Yes Supv Schug - You have heard the comments made at the public hearing regarding proposed Local Law I. This local law provides that the Superintendent of Highways shall be appointed by the Town Board and supersedes the provisions of Town Law §20(1)(a). The Superintendent of Highways appointed by the Town Board shall serve at the pleasure of the Town Board. This local law is adopted subject to a mandatory referendum. Atty Perkins - You have had the public hearing on this law, now you need to adopt it. If you approve it, it will be subject to a mandatory referendum and placed on the November ballot. Page 11 of 15 TB 8 -11 -98 RESOLUTION # 187 - ADOPT PROPOSED LOCAL LAW I RE: APPOINTED HIGHWAY SUPERINTENDENT Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, That proposed Local Law I of the year 1998, entitled "A local law making the office of the superintendent of highways appointive" is hereby adopted, subject to a mandatory referendum, to be placed on the November 1998 ballot, and it is further RESOLVED, that should said local law be approved at.the November election, the Town Clerk is directed to file the same with the Department of State of the State of New York. 2nd Cl Grantham Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Cl Grantham Yes Cl Grantham - Is concerned that because of the way we do SEQR we are setting up a moving target, for us to respond to, for the public to respond to, and for the applicant to respond to. We have been `doing a public hearing as soon as we get an application and then the person goes and makes changes and then comes back and we do more public hearings. The way she understands is that we should do a SEQR declaration as soon as we receive a complete application and then if it is a positive declaration, the applicant works on discovering what the problems are. We should not be talking about mitigation while we are doing a SEQR review. We should not be imposing mitigation on the applicant, which is what is happening when they go away and make changes. Essentially we are imposing mitigation and they continue to make changes to their application so that in the end what is their application and what are we responding to? She would like to set up some type of training for the board and learn the ins and outs of the SEQR process. Feels the ZBA should also be involved in this training. She feels tonight's applications are straightforward and we can do an EAF now and not go through a lot of back and forth with this applicant. Believes the way we are supposed to do it is an EAF first before we do a public hearing. ZO Slater advised the Board there is a SEQR training on September 4 in Binghamton. Cl Grantham is going to check and see if she can arrange a training session here for the Board members and Zoning Board of Appeals. The Board reviewed the short form EAF for the NYSEG parking garage and had no questions or comments. RESOLUTION # 188 - SEQR NEGATIVE DECLARATION - NYSEG GARAGE FACILITY Cl Beck offered the following resolution and asked for its adoption: RESOLVED, that this Town Board issue a negative declaration based on the SEQR review. This is an unlisted action and the Town of Dryden is the lead agency in uncoordinated review. The supervisor is authorized to sign all necessary documents. 2nd Cl T Hatfield Page 12 of 15 I 1 Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Cl Grantham Yes TB 8 -11 -98 RESOLUTION # 189 - APPROVE NYSEG GARAGE FACILITY SPECIAL PERMIT Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board approve the special permit application of NYSEG for a garage facility at 1387 Dryden Road with the 1 -98 "boiler plate conditions ". 2nd Cl Beck Roll Call Vote Cl Beck Yes SPK 2. Cl T Hatfield Yes Cl Grantham Yes The Board reviewed the short form EAF for the NYSEG storage tank on Pinckney Road. Cl Grantham asked if they needed a permit for the tank from DEC and was told they do not because it is less than 11,000 gallon capacity. RESOLUTION #190 - SEQR NEGATIVE DECLARATION - NYSEG STORAGE TANK Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board issue a negative declaration based on the SEQR review. This is an unlisted action and the Town of Dryden is the lead agency in uncoordinated review. The supervisor is authorized to sign all necessary documents. 2nd Cl Beck Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Cl Grantham Yes RESOLUTION # 191 - APPROVE NYSEG STORAGE TANK SPECIAL PERMIT Cl Grantham offered the following resolution and asked for its adoption: RESOLVED, that this Town Board approve the special permit application of NYSEG for a storage tank at Pinckney Road with the 1 -98 "boiler plate conditions ", excepting #7 because the runoff will be minimal and not measurable. 2nd Cl T Hatfield SPA -;�0s*'os -3 Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Cl Grantham Yes The Board reviewed the short EAF form with respect to establishing the M -AA Zone. There were no questions or comments. Page 13 of 15 TB 8 -11 -98 RESOLUTION #192 - SEQR NEGATIVE DECLARATION - M -AA ZONE Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board issue a negative declaration based on the SEQR review for the establishment of the M -AA Zone within the Town. This is an unlisted action and the Town of Dryden is the lead agency in uncoordinated review. The supervisor is authorized to sign all necessary documents. 2nd Cl Beck Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Cl Grantham Yes The Board discussed making changes to the proposed zoning ordinance amendments and was advised by Atty Perkins that in light of the expiration date of the present moratorium they should adopt it as is and if they wish it can be amended at a later date. RESOLUTION # 193 - ADOPT ZONING ORDINANCE AMENDMENT ESTABLISHING THE M -AA ZONE Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board adopt the proposed Zoning Ordinance Amendment establishing the M -AA Zone and regulations for that zone as presented and published, and the Town Clerk is directed to publish and post the appropriate Notice of Adoption. 2nd Cl Beck Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Cl Grantham Yes Supv Schug - The next regular board meeting will be September 8, 1998, Cl Grantham will find out if DEC will set up a SEQR workshop for us. At 10:20 p.m. the Board adjourned to executive session and returned at 10:40 p.m. RESOLUTION #194 - SET PUBLIC HEARING FOR TIME WARNER Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board shall hold a public hearing at 7:00 p.m. on September 8, 1998, at the Town Hall 65, East Main Street, Dryden, New York, to discuss cable negotiations between Time Warner and the Town of Dryden. 2nd Cl Grantham Roll Call Vote Cl Beck Yes Cl T Hatfield Yes Cl Grantham Yes Page 14 of 15 • 0 There being no further business, the meeting was adjourned at 10:50 p.m. Respectfizlly submitted, $ambi L. Hollenbeck Town Clerk J: I' Page 15 of 15 TB 8 -11 -98 NOTICE OF PUBLIC HEARING ZONING ORDINANCE AMENDMENTS TOWN OF DRYDEN PLEASE TAKE NOTICE that the Town Board of the Town of Dryden will hold a public hearing on proposed amendments to the Town of Dryden Zoning Ordinance. The proposed amendments are as follows. 1. A) Section 401 of such Ordinance is hereby amended to read as follows: Section 401. All land in the Town of Dryden shall fall within one of the established zones as shown on a map entitled "Town of Dryden Zoning Map" originally prepared by Egner & Neiderkorn Assoc., Inc. and last revised 7 -14- 98. B) This amendment to the zoning map establishes the M- BA zone as: All of Town of Dryden Tax Parcels 42 -1 -1; 9.1; 10 and 12 and those portions of Tax Parcels 42 -1 -2 and 11 lying north and east of New York State Route 13. thereto 29 Article VII of such Ordinance is hereby amended by adding thereto a new section to read as follows: Section 706, Prohibited Uses. 10 Adult Uses. 39 Article VII -A of such Ordinance is hereby amended by adding thereto a new section to read as follows: Section 756. Prohibited Uses. 1. Adult Uses. 4. Article VIII of such Ordinance is hereby amended by adding thereto a new section to read as follows: Section 807. Prohibited Uses. 14 Adult Uses. 5. Section 903 of such Ordinance is hereby amended to read as follows: Section 903, Prohibited Uses. 1. Salvage or junk yards. 2. Adult uses. 6. Section 1200 of such Ordinance is hereby amended to read as follows. (1) The intent and purpose of the M -A zone and the following regulations is to establish and identify specific areas where small and intensive retail business and industrial and manufacturing development will be encouraged, where minimum performance standards will be required and to protect the value and efficiency of such areas by excluding from them, as far as possible, non - compatible land uses. (2) The intent and purpose of the M -AA zone • and the following regulations is to establish and identify specific areas where adult uses will be permitted and to establish regulations protecting nearby neighborhoods from the impacts of such uses by separating such uses from non - compatible uses such as residential uses, schools, churches and parks. 7. Such Ordinance is hereby amended by adding thereto a new Section 1202 to read as follows: "Section 1202. Adult Uses. (1) Definitions. (A) Adult use. (1) An adult use is the use of land, structures or location for an "adult entertainment business" or an "adult physical contact establishment" as herein defined; and (2) land, structu provisions of restrict acres (B) Adul entertainment An adult use is also any use of res or location which by the the Penal Law is required to s thereto to minors. t entertainment business. Adult businesses include. IF • (1) A public establishment, location, building or structure which features topless dancers, nude dancers or strippers, male or female. (2) A location, 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 defined below. (3) Adult Bookstore. An establishment having as a substantial or significant portion of its stock in trade books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" (as defined • below), or an establishment with a segment or section devoted to the sale or display of such material. (4) Adult Motion Picture Theater. An enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" (as defined herein) for observation by patrons therein. (5) Adult Mini - Motion Picture Theater. An enclosed building with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" (as defined herein) for observation by patrons therein. (6) Adult Cabaret. A cabaret which features go -go dancers, exotic dancers, strippers, male or female impersonators, or • similar entertainers. (Note: this is an exception to the "specified sexual activities /specified anatomical areas" definition.) • (7) Adult Drive -In Theater. A drive -in theater for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" (as defined herein) for observation by patrons. (C) Adult physical contact establishment. Any establishment which offers or purports to offer massage or other physical contact by members of the opposite sex. Medical offices, offices of a person licensed or authorized under the Education Law to practice massage therapy, offices of a person licensed or otherwise authorized under the Education Law as a physical therapist or physical therapist assistant and 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 sexual intercourse (3) Fond touching of human buttock or female b of human masturbation, or sodomy; or ling or other erotic genitals, pubic region, reast. (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. (2) Adult Uses as an allowed use. Adult uses are allowed in the M -AA zone with Site Plan Review pursuant to Article XXIII, subject also to the following conditions: no adult use may be established within: • (a) Five hundred (500) feet of any single- family, two family or multiple - family dwelling, including structures devoted to both residential and commercial or business purposes. b ( ) One thousand (1,000) feet of any public or private school. (c) Five hundred (500) feet of any church or other religious facility or institution. (d) One thousand (1,000) feet of any public park. (e) Two thousand five hundred (2,500) feet of any premises licensed by the State Liquor Authority under the provisions of the Alcohol Beverage Control Law. (3) Measurement of Distance. The distance provided in this chapter shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property parcel upon which the adult use is to be located to the nearest point of the parcel of property from which the adult use is to be separated. (4) Additional requirements. In addition to the requirements of section 1206, the interior . of every adult use building, structure or location: (a) shall be well lighted at all times and be physically arranged in such a manner that the entire interior portion of the booths, cubicles, rooms or stalls, wherein adult entertainment is provided, shall be clearly visible from the common areas of the premises. Visibility into such booths, cubicles, rooms or stalls shall not be blocked or obscured by doors, curtains, partitions, drapes, or any other obstruction whatsoever. It shall be unlawful to install enclosed booths, cubicles, rooms or stalls within adult entertainment business establishments for whatever purpose, but especially for the purpose of providing for the secluded viewing of motion pictures or videotapes depicting specified sexual activities or specified anatomical areas, or other types of adult entertainment businesses; and (b) the operator of each adult entertainment business shall be responsible for and shall provide that any room or other area used for the w purpose of viewing adult - oriented motion pictures or other types of live adult entertainment shall be well lighted and readily accessible at all times and shall be continuously open to view in its entirety. The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one foot candle as measured at the floor level. It shall be the duty of the operator and its agents to ensure that the illumination described above is maintained at all times that any patron is present in the premises. (5) Additional screening. The Site Plan Review Board may require that an adult entertainment business cover or screen the entrances, doorways and windows to prevent viewing activities inside the building or structure from the outside. 8. Such Ordinance is hereby amended by adding thereto a new Section 1203 to read as follows: "Any use not specifically enumerated herein (except those as in Section 1202 and 1204) shall be allowed only upon a Special Permit issued by the Town Board pursuant to Article XIII of the Ordinance." 90 Section 1204 of such adding thereto a new sentence at such sentence to read as follows: Ordinance is hereby amended by the end of the existing section, "Adult uses are prohibited in the M -A zone." _ A public hearing on the 6:45 P.M., prevailing time at Dryden, New York on August parties will be heard. proposed amendments will be held at the Town Hall, 65 East Main Street, 11, 1998, at which time interested Bambi L. Hollenbeck Town Clerk TOWN OF DRYDEN Regular Town Board Meeting PLEASE PRINT Name August 11, 1998 Address • . a ►•. �_ . �m 7 ov- z 72 - (4> /` y C �olc r 0 e c � I YA K zwt u� C *o ice( /V .l j:zN t A .Oe7 c- . III /1 6 I � MU�k g75J &4 M , ) 1 ' li / ) C) jy vvca Aj r