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HomeMy WebLinkAbout2001-09-05TB 9 -5 -01 TOWN OF DRYDEN TOWN BOARD MEETING SEPTEMBER S, 2001 Board Members Present: Supv Mark Varvayanis, Cl Thomas Hatfield, Cl Charles Hatfield, Cl Deborah Grantham Absent: Cl Ronald Beck Other Elected Officials: Bambi L. Hollenbeck, Town Clerk Jack Bush, Highway Superintendent Other Town Staff: Mahlon R. Perkins, Town Attorney Henry Slater, Zoning Officer David Putnam (TG Millers), Town Engineer PUBLIC HEARING PROPOSED LOCAL LAW TO PROVIDE A FOUR YEAR TERM FOR THE ELECTIVE OFFICE OF TOWN CLERK OF THE TOWN OF DRYDEN Supv Varvayanis opened the public hearing at 7:10 p.m. and Town Clerk read the notice published in The Ithaca Journal. Supv Varvayanis asked if there was anyone present who would like to comment on the proposed local law and there was not. Hearing was left open. CITIZENS PRIVILEGE OF THE FLOOR Gary Maybee - About a year and half ago I came to this board meeting and informed you people that I wanted to build cluster housing on Irish Settlement Road. I've been told by the Board that there's no riles or regulations governing cluster housing. I was told in several different ways, shapes, forms and manners which %vay, I could put the third house in. 1 filed for a variance and the variance board told me that it wasn't good enough, that they couldn't write law and this, that and the other. They turned the variance down. It was suggested that I come back to the meeting, approach it at a different angle and they again turned it down. Upon talking with my attorney this morning, there are laws on the books in the State of New York that do govern cluster housing. A precedent has been set in this state, in this town, in this county. Where there is no law governing something in a municipality, you go up to the next level of government and if there is a law, then you use that law. The State of New York has a law on the books governing cluster housing. 1 don't feel that the Town has a right to tell me that I can't do them. I don't care how you cut it, what way you want to do it, doesn't bother me, but I fully intend on having a building permit by Monday of next week for that third house or I will be filing a court action. Simple as that. Do you have any questions? Supv Varvayanis stated that he didn't have any questions. Other board members had no questions and Gary Maybee left. Cl Grantham explained that Gary Maybee had gone to the Zoning Board of Appeals in August for a variance and the variance that he asked for wasn't within the authority of the ZBA to give him. The ZBA suggested an alternative application he could make for a variance and Page 1 of 8 rr.1 "1. 1 TS 4 -5d)1 that application was heard by the ZBA on September 4. The ZBA denied the application on the basis that he could do a couple of other things and a variance is supposed to be the last resort. He could either get a building permit for something that basically accomplishes the same thing and uses the road frontage that he already has, or he could go to the Planning Board and get subdivision approval. The property had been a subdivision in the past and subsequently abandoned by a previous owner. ZO Slater explained that in effect he has two lots that he has built houses on. He wanted to take a piece of a third lot: and put it into the other two lots. He would end up with three houses served by one septic system and well. The Health Department is only concerned with making sure that the system is adequately sized for the amount: of bedrooms to be served. Cl Grantham has explained to Mr Maybee that cluster housing is something that may be considered in the new master plan and explained the timetable for completion of the master plan. The purpose of cluster housing, or cluster development, is to preserve open space. The board will not take any action until they hear from Mr. Maybee's attorney. A letter was received by the Town from Craig Schutt of Soil & Water Conservation. Jean Hoag and Steve Harvey had an application through the Flood Hazard Mitigation Program and it was approved for work on their property which will eventually be part of the trail system. Cl Grantham discovered last month that no engineering plans had been done and no work had been done. T'he applicants proceeded and had the work done themselves. Abe Repine of NRCS had suggested a plan for the work. The work done by the applicants was done only on the culvert itself, restoring the washout and protecting it from erosion. The runoff comes from Hardesty's property. Mr. Hardesty (who owns the other side of the potential trail) has agreed to participate in some kind of fix and has agreed to give the Town an easement for the trail. is Cl Grantham - This fu: sounds okay, although it seems to me that the cost of doing it should be rolled into the 1/3, 1/3, 1/3. As I understand it, the work that was done was less than $1,000, and what we all agreed to was roughly $3,000, so there should be a couple of thousand dollars to do the remainder of the work. I don't know if it could be done for that amount. C1 T Hatfield asked where the matter had fallen down and Cl Grantham responded that Craig Schutt had been waiting for a call from Jean Hoag saying that she really wanted to do it. Then Atty Perkins had reviewed the contract and made some changes and sent it back. Craig Schutt had the agreement: approved by the County Attorney but then he never did anything with it. 17 Putnam - Abe (Abe Repine of NRCS) agreed with my assessment that it was the culverts at: Hardesty Is causing the problem, but if you get into an agreement u th Mr. Hardesty to correct his streambank problem, that's probably 300 -400' long. It's not a little bit of work. And who knows what's in that mess that he's put in there. Only recently has he put much material in there close to the streambank. Years ago, even before he owned the property, stuff was put in there up close to the streambank, and in the stuff that's exposed by the culverts is a lot of concrete. Whether that was put in to try to stop erosion or is part of the fill material, I don't know. Cl T Hatfield - We have an agreement that's been approved for action with Jean Hoag. We don't have any agreement with Mr. Hardesty at this point. Is that a separate piece of property? D Putnam - They share a. common boundary along the center of the railroad. Page 2 of 8 TB 9 -5 -01 Cl Grantham - He wants to sell that land and he's been .filling it. Now the DEC has told him that he needs a permit to do anything there, and he never got one. They're telling him he ® needs to clean that back out and put in a buffer. If it: stayed within the original $3,000 1 think it would be fine to do the work on his property because that's the actual fix for the erosion of that railroad bed. Cl T Hatfield stated he felt the agreement with Hoag should move forward and that perhaps Mr. Hardesty should make the same type of application. Cl Grantham said that if the work was done through the District, they could do it under their general stream permit. Cl T Hatfield stated that the best use of resources should be investigated, but that the trail needs to be protected. Dave Putnam said he could not estimate the cost because he does not luiow how much material the DEC wants to remove. Cl G- rantham suggested that Hardesty could pay any portion above $3,000. Supv Varvayanis suggested that if Craig Schutt is willing to get: involved with engineering and use of their permit, that the Town could contribute $700 of the $1000 Hoag grant. Cl T Hatfield said that the offset: would be that: the Town would get an easement for the trail. Atty Perkins - Are you talking now about just the Hardesty problem? Cl Grantham - Yes. If you don't fix the Hardesty problem, the Hoag problem will come back. D Putnam - 1 don't thij doesn't do anything and gets additional fill since the proble already. Cl Grantham - There's the railroad bed still, zk it's going to come back. Two things have happened. If he the DEC to allow him to leave the fill there, he's put in enough m orignally occurred that it's forced the water back into the creek erosion marks alt the way across. There is stuff washing across D Putnam - But it's only site generated stuff. It's not a lot of water. The major stream water which has caused the problems before is all going back to the stream up by the culverts by the way he graded the land. If he corrects it the way the DEC wants to do it, it's all going to go back in there anyway. He's also redone the ditch along the edge of railroad right -of -way, which won't hurt anything. What's coming across his property now is fairly fresh fill of sandy gravel with very little vegetation on it. So if we get a hard .rain it's going to run a little bit. That's what you'll see mostly on there. It's the width of the property. It's not a concentrated flow at the railroad. Cl Grantham - So you don't think the stream is jumping it's bed? D Putnam - If it does it's going to go back in right up by the culverts. It's not going to get way down to the railroad. If you go in his driveway culverts, it used to be sloped away. All the water went out in the middle of the field and then followed the natural contour back toward the ditch but couldn't get in it. The low point in the railroad was at the culvert and that's where it went over the top. Now he's put an extra two or three feet of fill in there and he's actually created a ponded water area adjacent to his culvert, so water that gets out has no place to go until it fills up high enough then it goes back into the stream bed next to the culvert. Atty Perkins - Can I offer what may be a totally too simple solution? Why don't you just say to Mr. Hardesty, look you've got a problem with DEC. Correct the problem satisfactorily ® and we'll give you $700 for an easement over the railroad bed. Why do we want to get involved Page 3 of 8 TB 9.5-01 with what DEC mandates him to do? Let's just say here's some money, use it however you want, well give it to you when you give us the easement. 40 Cl Grantham -Then all we need is for the County to pay a third of what Jean Hoag has spent. Atty Perkins - That's my next question. The whole project is completed? Cl Grantham - It sounds like it: is then if Dave is saying that that will do the trick. Atty Perkins pointed out that the agreement as it is says that the project cost is $3,000 and that on completion the County will pay $1,000 and the Town will pay $1,000 (not a third of the total cost) and suggested that the contract be revised to reflect the actual total cost of the project. Cl Grantham suggested that the difference between the actual cost of the Hoag project and $1,000 could be given to Mr. Hardesty after he has completed the work contemplated by the DEC and given a trail easement to the Town. Board is in agreement. C1 Grantham stated that at the last Better Housing Oversight Committee meeting they received a report of all the mortgages that are held by the Town of Dryden under the HUD grants and the director has given instructions that they are to track those. The list was given to the Town Clerk and she will check the list against notices of foreclosures. The first grant had wrong addresses and Town of Dryden care of Better Housing type of addresses, and the second that is being worked on now seems to have the right address for the Town of Dryden. Based on opinions expressed by the director of Better Housing, Cl Grantham and Supv Varvayanis judge it would be too expensive to attach a note to the mortgages correcting the address and it was better to keep track of the foreclosure notices. Atty Perkins said that: if he had copies of the ® mortgages he could do a letter and ask that the letter be indexed against the mortgage, so that anyone doing a search would fund a notation of the correct address for the Town of Dryden. It would be a. pretty inexpensive way of addressing it and would put someone on notice. Atty Perkins will take rare of this when provided with a copy of the mortgages. Board discussed the cost of having Better Housing administer monies disbursed are grants and so there is no administration work. included a "not to exceed" figure and now they are close to that figure exceed it. A specific amount of money from each grant is targeted for Supv Varvayanis is going to check with HUD in Buffalo and get their before the board takes any action. the programs. Some Better Housing's contract and want permission to administration expenses. )pinion on the matter Board has received an invitation to the Danby Town Hall open house on September 15, 2001, from 2 to 4:30 p.m. SPCA Report was distributed. The next meeting of the Tompkins County Municipal Officials Association will be held September 18. Town Clerk's monthly report was distributed. Cl Grantham reported that the Building Committee had met again with Pamela Kingsbury and reviewed some conceptual drawings, based on discussions the committee had had regarding space. The committee made some suggestions and Ms Kingsbury will implement those prior to meeting again. It appears that the required space is about twice what %ve ® currently have. Jack Bush has stated he would like to attend those meetings and be involved Page 4 of 8 TB 9 -5-01 and will be notified when the next: meeting is scheduled. J Bush stated there are space issues in the Highway Dept and he thinks it is important to know where the new Town Hall is going. He suggested that if the new building were two stories, the bottom could be used for storage of things such as sports equipment. He also stated there should probably be more security around the Highway building and now may be the appropriate time to consider it. The current: Town Hall could also be used for storage of sports equipment and /or safety training for the highway employees. Cl T Hatfield stated he had attended a meeting of the Recreation Commission last Wednesday. They have made progress on a number of fronts and would like the Town to create a part time position in the Town, a zero impact position with respect: to taxes. The position would provide central administration for registration for sports programs. They envision that the person would be available some weekends and evenings. Now each program has its own registration process. The Commission will make a formal presentation next week. The idea is that Sertoma, Ki%vanis and other organizations will pay a processing fee to the Town to offset the cost of wages paid for the position. At the end of a cycle there should be no cost to the Town. It is estimated to be a 1,000 hour per year position, a cost of $15,000. The Commission is convinced they can cover the expense, but it: is something that should be considered in the Town's budget. Atty Perkins stated it is a personnel matter, creating and funding it. The Town has the authority to do it.. Steve Stelick, Jr. stated that what the Recreation Commission has done is a quantum leap. The major providers of recreation in the Town have come to a consensus on something that long term will not cost much money, and short term is going to put them into the 218c century as far as availability. He has been involved in the different programs for the past ten years and time to do the paperwork is difficult: to find in addition to scheduling, coaching, etc. Time spent doing paperwork could be better spent working with the kids. He feels the cost in the end will be minimal since part of the fees/ donations collected will be used to offset the cost is of this person. Having a central place for registration will more than likely increase participation, not only for youth recreation, but for adult activities as well. Supv Varvayanis remarked that it was less than 2% of the hopefully the Town would be reimbursed the entire amount. Cl T $15,000 expense line in t :he budget and a $5,000 revenue line for stated that: since this "coordinator" would need to be accessible to necessarily have to have office space in one location, but those de commission, property tax levy, and Hatfield suggested putting a tax purposes. Cl T Hatfield the public, they would not tails will be worked out by the Supv Varvayanis asked again whether there was any comment on the local law which would extend the Town Clerk's term of office from two years to four years. Joyce Gerbasi stated that she thought it was an excellent idea. RESOLUTION # 187 - ADOPT LOCAL LAW #3 OF 2001 EXTEND TOWN CLERK'S TERM FROM TWO YEARS TO FOUR YEARS Cl Grantham offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby adopts local Law #3 of 2001 as follows, subject to mandatory referendum: A local law Providing a Four -year Term for the Elective Office of Town Clerk of the Town of Dryden Page 5 of 8 TB 9 -5d)I Section 1. The term of office of elective Town Clerk of the Town of Dryden shall be four years. Such four -year term shall commence on the first day of January following the first ® biennial town election after the effective date of this local law. Section 2. At the biennial town election next following the elective date of this local law, and every four years thereafter, the Town Clerk shall be elected for a term of four years. Section 3. This local laur shall supersede in its application to the Town of Dryden section 24 of the Town Law with respect to the term of office of the elective Town Clerk, Section 4. This local law shall be submitted for approval to the electors of the Town of Dryden at the next general town election to be held on November 6, 2001. Section 5. Any other local law, ordinance or resolution inconsistent herewith is hereby repealed. Section 6. This local law shall take effect immediately upon filing with the Secretary of State after approval by a majority of the electors voting thereon in accordance with the requirements of Section 27 of the Municipal Home Rule Law. 2nd Cl C Hatfield Roll Call Vote Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes is Supv Varvayanis explained that the Town Board needed to approve the voting districts established under the county's option 15D prior to the primary. Maps were displayed showing changes made in the Town of Dryden. Cl T Hatfield noted that other than the County Representatives, in the Town we don't elect anyone by districts and made a motion to adopt the map dated September 5, 2001, and Cl Grantham seconded the motion. Supv Varvayanis suggested that the resolution be amended to point out that the Town is not in favor of the districts that are being approved; that the Town is doing; it grudgingly just to make sure the primary can proceed. He does not want to give the impression that the Town thinks 15D is a great plan. RESOLUTION #188 - ADOPT ELECTION DISTRICTS WHEREAS, a primary election is scheduled to be held on Tuesday, September 11, 2001, and WHEREAS, the Town of Dryden has been forced to redistrict by recent Tompkins County Board action with which the Town Board does not agree, and WHEREAS, in order to hold the primary on September 11., 2001, the Town must approve it's amended election districts, now, therefore, be it RESOLVED, that this Town Board, under protest, does hereby adopt the amended districts for the Town of Dryden as indicated on a snap prepared by Tompkins County dated Gage 6 of 8 TB 9 -5411 September 5, 2001, in order to comply with Election Law so that the citizens of Dryden may cast legal ballots this Fall. 2nd Cl Grantham Roll Call Vote Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes Supv Varvayanis - At this point I'd like to thank the Board for giving me flexibility. We've been through a few ringers thrown us by the County, not just this, and not just with the County. I think we've worked together pretty well lately and I want to thank everybody for that. Supv Varvayanis explained that the last couple of months the ComCap Committee has been talking about possibly having the IDA, if not themselves, set up a separate non -profit agency to be lead agency for the DOT facility. Supv Varvayanis stated that he believes the Town should be lead agency if the project on Hanshaw Road goes ahead. C1 Grantham stated she thought they meant it for the DOT facility, wherever it ends up. Cl T Hatfield said it was because it was a funding issue. They are combining state and county funds and he thinks they need a not- for -profit organization in order to do that. Cl T Hatfield said he would be willing to call Jim Hanson and find out more about the situation. Jack Bush explained that the John Decre 425 lawn tractor had been advertised a second time with no minimum bid requirement. One bid for $5100 vas received. He has contacted an auctioneer who would guarantee $5600, minus their 10%, netting the Town $5,040. He would like to sell the lawn tractor to the bidder. Supv Varvayanis stated he would rather send it to Lansing and take a chance since they usually do pretty well there. After discussion the Board made the following resolution. RESOLUTION #189 - SELL JOHN DEERE 425 LAWN TRACTOR Supv Varvayanis offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorises the Highway Superintendent to sell the John Deere 425 lawn tractor for the sum of $5,100 and to execute any necessary documents in connection with the sale. 2nd Cl T Hatfield Roll Call Vote Cl T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes With respect to the Virgil Creek/ Lake Road project, the County has agreed to provide engineering services for the Road. Dave Putnam reported that with respect to engineering for the stream, NRCS (Abe Repine) will provide that service (do the actual design in the creek), but would need someone local for oversight. The Town would need someone to act as the local lead person to obtain the DEC permits and the local land acquisitions, etc. ZO Slater has agreed to talk with DEC regarding the necessary permits.. After discussion, the Board passed the following resolution. 1'age7of8 TB 9 -5-01 RESOLUTION # 189a - APPOINT TG MILLER TO PROVIDE LOCAL OVERSIGHT VIRGIL CREEK/ LAKE ROAD PROJECT ® Supv Varvayanis offered the following resolution and asked for its adoption: RESOLVED, that: this Town Board hereby appoints TG Miller Engineers and Surveyors to work with NRCS on the Virgil Creek /Lake Road project and provide local oversight in connection therewith. Did Cl Grantham Roll Call Vote C1 T Hatfield Yes Supv Varvayanis Yes Cl C Hatfield Yes Cl Grantham Yes ZO Slater there will be an organizational meeting for the project on September 13, 2001 at 1:00 p.m. at the Town Hall. On motion made, seconded and unanimously carried, the meeting was adjourned at 8:34 p.m. Respectfully submitted Bambi L. Hollenbeck is Town Clerk Page 8 of 8