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HomeMy WebLinkAbout1984-05-08I / PUBLIC HEARING #1 May 8, 11984 V) SPECIAT� - / PERMIT _ Gerald Lyon Minutes of public hearing #1 7:30PM Supv Cotterill read the notice that was published in the newspaper concerning the application of Gerald Lyon of 29 Mineah Rd for a special permit to build a building at 1814 Hanshaw Rd for motorcycle, snowmobile, recreational vehicles and related sales and services. QUESTIONS AND /OR COMMENTS Robert Keech - the efforts for a committee that the Town Board has set up for industrial and commercial business within the Town has played an important part in Geralds decision to stay in the Town of Dryden. Closed public hearing - 7:40 PM PUBLIC HEARING #2 May 8, 1984 PROPOSED LOCAL LAW #1 1984 Minutes of public hearing #2 7:45PM I I Repeal Local Law #1 - 1983 Uniform Fire Prevention and Building Code Supv Cotterill read the notice that was published in the newspaper to consider the repeal of Local Law #1 - 1983 whereby the Town of Dryden declared that it would not enforce the Uniform Fire Prevention and Building Code. The effect of the proposed local law would be to have the Town of Dryden enforce the Uniform Code. QUESTIONS'AND /OR COMMENTS Atty Perkins - last year the Town Board adopted a Local Law opting out of the enforcement of the Uniform Fire Prevention and Building Code. It did so, and thereby passed the responsibility to the County. The County also opted out and passed the enforcement to the State. The proposal now before the Town Board is to repeal the Local Law that the Town adopted in June 1983, thereby opting back in. The Town will then assume the responsibility of enforcing the code. Mr Kalitan - hoped the town would opt bac have more control over it, instead of the Doug Sutton - from the homebuilders point take back the responsibility. There was some discussion Supv Cotterill wanted to know if the town for the liability? k in so that the local government would State, of view, he would like to see the town appoints an inspector, who is responsible Atty Perkins - a contract with a third party, the indepentent contractor, would contain a clause that the town would be named insurer under a policy of liability insurance and the carrier would require them to carry such a policy. Otherwise, the person would have to be an architect or qualified engineer. If the town appoints their own inspector as an employee, then it would be our liability rather than if we contract ®with someone. The reason that the Town initially opted out of enforcing the code was that there weren't any regulations issued by the Secretary of S: 4E? at the end of Dec and the law was to go into effect Jan. 1st. Closed public hearing #2 8 :10PM TOWN BOARD MEETING May 8, 1984 Minutes of the meeting held on May 8th Supv Cotterill called the meeting to order at 8:10PM Members and guests PAxtic.ipated in the'Pledge of Allegiance 0 Roll call was by the Town Clerk: Present: Supv Cotterill, Clm Webb, Clm Metzger Clm Schlecht, Atty Perkins and Z.O Stewart Absent: Clm Evans Supv Cotterill appointed Clm Metzger to audit the general fund bills r i I v COUNTY BRIEFING d� Co Rep Watros- reported on the Morris property, parcel #59 -1 -35, at 875 Midline that was discussed at the April 27th meeting. According to the County Attorney it would be appropriate for the County to destroy all of the buildings. The County has arranged with the fire coordinator and local fire chief to get that work done within the next 2 weeks weather permitting. The building will be razed to eliminate the health and safety hazard. Atty Perkins 7 wanted to ltnow about any debris or any holes left by excavation? Co Rep Watrosi- didn't believe that.there were any basements in the buildings that he had looked at, they were all on a slab. Anything that would be left 'y would be one vehicle that they would not take. Anyone who purchases the property would be responsible and acquire that as part of the purchase. Z.O. Stewart '- there is a basement where the house is located. Supv Cotterill - if there is a hole there it will have to be filled in. Co Rep Watros,- thought that some arrangements could be made with the•highway department to fill it in. i CITIZEN PRIVILEGE OF THE FLOOR i There were some residents from Snyder Hill Road area that would like the town to consider helping them form a water district so that water would be available on Snyder Hill Rd from the Ithaca Town Line, which would be about 3000 feet. Supv Cotterill - the study that was done previously, indicated that they could only go 1000 feet before a pumping station would have to be installed. There was some discussion. Atty Perkins based on the evidence that is.stillin the file and discussion that took place in 1979 and 1980 was apparent that.th+e waterline could be installed 1000 feet with the existing water supply from:the Hungerford Hill tank. TO go 3000 feet would involve the same discussion -that we had previously. 1000 feet is not a problem, because it would mean the:cost of putting in a pipe, control building and watermeter. The position of the town is based on the time and expense that they went to in 1979. If there is significant interest with the residents on the western part of the road that adjoins the Town of Ithaca, would be for them to get a petition in the proper form and he would be willing to help them with before it is circulated.. The town can see what.Interest there is based upon the petition. There was some discussion. Mr Kalitan - reported that residents on Leisure Lane and Meadow Drive would like to form a lighting district. He would like to schedule a meeting with the Town Attorney to draw up a proper petition with the requirements of the State. It is his understanding that 95 percent of the residents are going to sign the petition, and this would preclude the necessity for a public referendum and would expedite the situation: ATTORNEY Atty Perkins after the last board meeting, he was directed by the board to contact American Community Cablevision to advise them that the.town would be willing to grant them their rate request and amendment to the franchse agreement on the condition that the franchise tax revenue be fixed at 3 percent of gross revenue as opposed toithe one percent in the existing franchise of Ceracche system. Also with some flexability with the expiration date of the franchise, to make the amendment expire the same date that the original franchise expired. Thereby not making itla new franchise, but merely an amendment. The rate increase would be granted if an ,agreement could be reached •upon all of these items mentioned including line extension. A compromise regarding the line extension policy might be a formula which averagethe existing homes per mile. ATC suggested 27 dwellings per mile. There was some discussion about how to define the letter CA in the formula. For our.- purposes we have been saying CA- equals the average cost of construction per mile of area cable in a primary service area. Primary service area being defined as that area in the town where cable is already built. The proposed franchise amendment where there are at least 27 dwellings per mile, which makes that area a must build area for the cableicompany. The formula is basically a design to reflect a ratio to determine whether or not there is any aid in construction'. The expiration date of the franchisejwould be April 19940 Atty Perkins wanted to point out on the basic charge in which the franchise tax is computed means 3 percent of the gross revenues on all of the items in Section #6. 0 ft Clm Metzger adoption: AMERICAN C0:0IUNITY CABLEVISION offered the following resolution and asked for its WHEREAS, the Town of Dryden is served by American Community Cablevision under•a Franchise agreement which expires April 12, 1991 and a franchise agree- ment which expired December 30, 1981, and WHEREAS, a public hearing concerning amendments to the franchise agreements was held April 10, 1984 after due notice was given to the public, and WHEREAS both former franchises are or were non -ex- clusive franchises;"and WHEREAS, the expired franchise provided for a franchise tai_ rate of 3 percent of gross revenues and the existing franchise provides for the franchise tax rate of 1 per- cent of grass revenues, and WHEREAS, American Community Cablevision has proposed certain amendments to the Town'of Dryden franchise ag- Pp which would provide a single non - exclusive franchise for the entire Town of Dryden, with the - franchise tax set at a uniform rate of 3 percent of 'gross revenues, and WHEREAS, line extension provisions have been negotiated "between American Community Cablevision and the Town of Dryden, and WHEREAS, the Town Board deems a rate increase to be deg served by American Community Cablevision and that the amendment to the franchise agreement is in the best in- Iterests of the Town of Dryden. THEREFORE BE IT RESOLVED AS FOLLOWS: The Cable Television Franchise Agreement between the Town of Dryden and American Television & Communications Corporation d /b /a American.Community Cablevision is hereby approved, and BE IT FURTHER RESOLVED, that the Supervisor is author- ized to sign the agreement on behalf of the Town of Dryden and the Town Clerk is authorized to affix the Town seal thereto, subject to the approval of the Town Attorney as to the final wording of the franchise agreement, and BE IT FURTHER RESOLVED, the'•Town Clerk is hereby author- ized and directed to furnish a certified copy of this resolution to American Community Cablevision together with the proof of publication of the notice of the public hearing held April 10, 1984. 2nd Clm Schlecht Roll call vote Super Counc Counc Couric Coune visor Cotterill ilman Schlecht ilman Webb ilman Metzger ilman Evans YES YES YES YES Absent !r �r � -0 1 loilrafl �'�1d aH4 " NY' » i•..: r... ,,.w• :k"F �-, t!'fY' '- /. °,:L'1yf {OFF. r, .q.,.= •,a 0 4 r °'';. RESOLUTION Clm Metzger adoption: AMERICAN C0:0IUNITY CABLEVISION offered the following resolution and asked for its WHEREAS, the Town of Dryden is served by American Community Cablevision under•a Franchise agreement which expires April 12, 1991 and a franchise agree- ment which expired December 30, 1981, and WHEREAS, a public hearing concerning amendments to the franchise agreements was held April 10, 1984 after due notice was given to the public, and WHEREAS both former franchises are or were non -ex- clusive franchises;"and WHEREAS, the expired franchise provided for a franchise tai_ rate of 3 percent of gross revenues and the existing franchise provides for the franchise tax rate of 1 per- cent of grass revenues, and WHEREAS, American Community Cablevision has proposed certain amendments to the Town'of Dryden franchise ag- Pp which would provide a single non - exclusive franchise for the entire Town of Dryden, with the - franchise tax set at a uniform rate of 3 percent of 'gross revenues, and WHEREAS, line extension provisions have been negotiated "between American Community Cablevision and the Town of Dryden, and WHEREAS, the Town Board deems a rate increase to be deg served by American Community Cablevision and that the amendment to the franchise agreement is in the best in- Iterests of the Town of Dryden. THEREFORE BE IT RESOLVED AS FOLLOWS: The Cable Television Franchise Agreement between the Town of Dryden and American Television & Communications Corporation d /b /a American.Community Cablevision is hereby approved, and BE IT FURTHER RESOLVED, that the Supervisor is author- ized to sign the agreement on behalf of the Town of Dryden and the Town Clerk is authorized to affix the Town seal thereto, subject to the approval of the Town Attorney as to the final wording of the franchise agreement, and BE IT FURTHER RESOLVED, the'•Town Clerk is hereby author- ized and directed to furnish a certified copy of this resolution to American Community Cablevision together with the proof of publication of the notice of the public hearing held April 10, 1984. 2nd Clm Schlecht Roll call vote Super Counc Counc Couric Coune visor Cotterill ilman Schlecht ilman Webb ilman Metzger ilman Evans YES YES YES YES Absent !r �r 4A i 1 Atty Perkinsi- reported that Z.O. Stewart has another unsafe building, d� parcel #44 -119 or #52 -1 -49. Z.O. Stewartigave the board members pictures taken of the Leonardo property �. located at 1463 Dryden Road with regard to our Local Law #2 -1981. Also gave the board members a written report of his findings to (Sect 4) investigation and report. Z.O Stewart reported that he had notified the owner several times and Rev Leonardolwas here to see him, but it was a day when the office was closed. He sent him another letter and still no response. Atty Perkinsl- the Town Board considers the report and by resolution determine, if in its opinion the report so warrants, that such building is unsafe and dangerous C4 and order its repair if the same can be safely repaired or its demolition and removal and further order that a notice be served upon the persons. The proper notice shallibe served upon the owners and a public hearing shall be scheduled within 5 days of notice of service. i RESOLUTION #93 AUTHORIZE PROCEEDINGS REGARDING LOCAL LAW #2 -1981 -,Leonardo property Clm Metzger offered the following resolution and asked for its adoption: RESOLVED, that this Town Board accept the recommendation from Z.O. Stewart determining that the dwelling is unsafe and dangerous and ordering the repair or removal according to the provision Local Law #2 -1981 and authorize the Zoning Officer and Town Attorney to take the necessary steps and procedures against the Leonardolproperty located at 1463 Dryden Rd, parcel #44 -1 -9 or #52 -1 -49. 2nd Clm SchlecF.Ilt Roll call vote - all voting YES TOWN CLERK Reported that it is now up,to Board of Elections to appoint election custodians and it is upito the Republican and Democratic Chairmans to have their list of election inspectors to Board of Elections no later than May 1st of each year. ZONING OFFICER 9 building permits for*the month of April. 3 one family dwellings; 2 mobile homes; 2 garages; 11addition and 1 variance. ZBOA has 1 hearing -.Four Seasons for a greenhouse which was granted. HIGHWAY Hwy Supt Humphrey - list of roads that he intends to resurface. CORRESPONDENCE Meeting rescl%eduled May 31st, 6 :30 PM - Ithaca.Court House NYS Fire & Building Code. Letter from Dryden High School - lights, sidewalks and speed reduction. Supv Cotteril'1 - has been approached concerning areas in the Cortland Road Sewer Dist - !if the sewer district would ever be extended? Atty Perkins the Town Board is authorized to proceed an increase in- the.facilities by putting in the extension of collector sewers in areas that have not been planned for. You have to have a map, plan and report drawn up by a licensed engineer together with a cost estimate: Once it has been filed the Town Board can schedule a public hearing and directs public notice together with the notice posted by the Town ClerIk. At the public hearing you make a resolution determining that it is in the best interest indicating the properties to be served and pass a bond resolution at that hearing. You do not have to have the permission from the State Comptroller or a resolution subject to a permissive referendum. RESOLUTION #94 INCREASE CORTLAND ROAD SEWER DISTRICT Clm Schlecht' offered the following resolution and asked for its adoption: RESOLVED, that this Town Board authorize Town Attorney Perkins to work with Hunt Engineers to prepare the required documents pursuant to Section 202b of Town Law regarding an increase to Cortland Road Sewer Dist. 2nd Clm Webb ' Roll call vote - Clm Webb Yes Clm Metzger Yes Clm Schlecht Yes Suvp Cotterill Abstained Clm Evans Absent RESOLUTION #95 TRANSFER FUNDS FROM GENERAL FUND A CONTINGENCY TO THE CAPITOL FUND PROJ Clm Metzger offered the following resolution and asked for its adoption: RESOLVED, that this Town Board authorize the Supv to transfer $2,000.00 from General Fund A.Contingency to the Captiol Fund Project. 2nd Clm Webb; Roll call vote - all voting YES i zap RESOLUTION #96 AUDIT GENERAL FUND BILLS Clm Schlecht offered the following resolution and asked for its adoption: µ, RESOLVED, that the general fund bills be paid as audited. 2nd Cam 'Metzger Roll call vote - all voting YES RESOLUTION #97 AUDIT HIGHWAY FUND BILLS Clm Metzger offered the following resolution and asked for its adoption: RESOLVED, that the highway bills be paid as audited. 2nd Clm Webb roll call vote - all voting YES RESOLUTION #98 AUDIT SPECIAL DISTRICT Clm Schlecht offered the following resolution and asked for its adoption: RESOLVED, that the special district bills be paid as audited. 2nd Clm Webb Roll call vote - all voting* YES RESOLUTION #99 CAPITOL FUND.PROJECT Clm Schlecht offered the following resolution and asked for its adoption: RESOLVED, that the capitol fund project bills be paid as audited. 2nd Clm Webb Roll call vote - all voting YES r. Justice reports Judge Sweetland - $5,271000 Judge Newhart - $1,954.00 Financial reports given to board members. RESOLUTION #100 GRANT SPECIAL PERMIT Gerald Lyon Clm Schelcht offered the following resolution and asked for its adoption: RESOLVED, that this Town Board grant a special permit to Gerald Lyon with the following: 1- subject to Health Dept approval and 2- that this is not transferable by sale or lease. 2nd Clm Webb roll call vote - all voting YES There was some discussion regarding the uniform fire prevention and building code and the board decided to table decision until May 29th meeting. RESOLUTION #101 CONDEMNATION PROCEEDING Clm Metzger offered the following resolution and asked its.adoption: RESOLVED, that this Town Board authorize Town Attorney Perkins to initiate condemnation proceedings against Arnold Tunison, parcel #9 -2 -1 located in the Village of Dryden, for the Cortland Road Sewer District. 2nd Clm Webb Roll call vote - all voting YES Adjourned:10:45PM Susanne Lloyd Town Clerk. Iii I