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HomeMy WebLinkAbout1970-08-11 61 August 11 , 1970 Minutes of the Regular Monthly Meeting of the Dryden Town Board held August 11 , 1970 , at the Dryden Town Hall , Dryden , New York , commencing at 8 : 05 Present : Lewis Gridley , Councilman Clinton Cotterill , Councilman Merton Webb , Councilman Sibley Steward , Zoning Officer Helen Amdur , Attorney Absent : " Charles G . McCord , Supervisor Henry A . Tarr , Councilman Recording Secretary Rosemary Stelick , Town Clerk The meeting was opened with the Pledge Allegiance to the Flag . • Being that Supervisor McCord was out of town , Councilman Gridley assisted as Deputy Supervisor in the supervisor ' s absence . "' COUNTY BRIEFING : Mrs . Marion Schickel was unable to attend due to the fact that she was out o f town . • CITIZENS PRIVILEGE OF THE FLOOR : Stephen Shulman was present and submitted the final approval from the Health Department in compliance to the Board ' s request regarding the issuance of a Special Permit to construct a trailer park on Hanshaw Road . There will be 44 units according to Mr . Shulman , not 46 as previously reported in the July minutes . Description of the location , according to Mr . Shulman , is going toward the West Dryden Road , it is on the right hand side half way down the ✓ oad - the road being the Hanshaw Road ( formerly Zeman ). Road ) . Discussion o f the laundromat was brought up by Attorney Amdur . She inquired if he had decided not to have the laundromat . Mr . Shulman said that it had been dis - cussed at the last board meeting and he claimed that the board finally decided that it was all right to have 4 washers and dryers . The requirement by the board was that the washers and dryers were to be used only when the o ffice was open because then there would be someone in the office to control the use solely to the tenants of the park . Attorney Amdur and Mr . Gridley said they did not recall this decision . Mr . Shulman said that was the impression he got . Councilman Webb said that was the way they talked at the last board meeting , that there would be this restriction on it . Councilman Webb also reported that the board did not vote on it , it was just an under - standing . Mr . Shulman requested that a letter from the Board stating that he could not have the laundromat would be all right with him . To him it did n ot matter one way or the other , it would not be a money maker just a convenience to the park . It was noted by the Board that no one appeared in objection to the trailer park at Mr . Shulman ' s Public Hearing on April 14th . Deputy Supervisor Gridley said following the regular town board meeting , the board would go into executive session to determine a decision . The consensus of the Board seemed to be reserve decision until all members of the board were present . RESOLUTION # 124 TABLE SHULMAN DECISION Councilman Cotterill offered the following resolution and asked its adoption . RESOLVED that this Board meet in executive session after the regular board ' meeting is closed , and decide whether to go forward and issue the permit or reserve decision until a full board can get together . 2nd Councilman Webb . Carried •Jeanne Vanderbilt reported that the old books that have been stored in the upstairs of the West Dryden ommunity Center building should be gotten out 1 due to the fact that there are pigeons there and they are soon going, to ruin the books . Mr . Gridley suggested that Mrs . Vanderbilt call the DeWitt Historical Society and the Town Clerk contact Charles Downey regarding these books . STANDING COMMITTEES : u Buildings & Grounds : Nothing to report this month . Sanitation & Refuse : Councilman Cotterill reported that Superintendent Case has been ordered by the Health Department to close the dump with 3 ' of fill . Public Relations : Nothing to report this month . . 1 62 COUNCILMAN PRIVILEGE OF THE FLOOR : Councilman Webb reported that a special meeting has been scheduled with the McLean Fire Department at McLean , August 27 at 7 : 15 P . M . The meeting with the Freeville Fire Department will be held September 8th at 7 : 00 P . M . at the Town Hall prior to the regular board meeting . The Town Clerk was in = strutted to send out reminder notice of the scheduled meetings . Councilman Webb also wanted to know about the status of the Rt . 13 bypass of the ✓ illage of Dryden . Attorney Amdur reported that, the Town Clerk found the ✓ esolution and it wasn ' t very clear . She contacted Gary Lee and he has promised to get her the background material . The resolution dated 2 - 14 - 68 is as follows : That this Town Board go on record as approving; the N orthern route rather than the Southern route . There was considerable discussion on the exact location of these routes . Art Clark , reporter from the Ithaca Journal , said that one route went north of the Village of Freeville , and the other went up the valley through Dryden and the Village . Attorney Amdur said that the Board should specify the route that they • favor , which is the route north of Freeville . It was finally decided that a letter to Assemblyman Constance Cook regarding the status of Route 13 and 38 in relation to the Town and Village of Dryden , should be written by the Clerk . RESOLUTION # 125 RELOCATION ROUTE 13 Councilman Webb offered the following resolution and asked its adoption . RESOLVED that the Town Clerk be authorized to write a letter to Assemblyman Cook to find out the status of Routes 13 and 38 in relation to the Town and ✓ illage of Dryden and advise the Board . 2nd Councilman Cotterill Carried ATTORNEY : Attorney Amdur reported that a section of a road known as South Knoll Drive h ad been approved by the Planning Board and the Highway Superintendent . She asked Mr . Cotterill if it would be all right to hold this off until the n ext board meeting . He had no objection . Deputy Supervisor Gridley said that this Board would table the acceptance of this road until the next regular Town Board Meeting . Attorney Amdur further reported that Mr . Pichel has filed a notice of appeal from Judge Sloan ' s decision . Since there is no stay order , the Town can proceed as scheduled . Attorney Amdur said sbe h as advised. District Attorney McHugh and Judge Edward Newhart of the ✓ iolation of the zoning ordinance . She also reported that a statement was prepared regarding and editorial in the Ithaca Journal on executive sessions h eld by the Town Board , as follows : In view of a recent editorial in the Ithaca Journal relative to the Town policy of holding executive sessions for deliberation o n facts and decisions involving the granting of special permits u nder the Zoning Ordinance , it was determined that a formal response was indicated at this time , in ord'er to more fully set forth the ✓ easoning behind the policy , although this had been previously expounded at length to the Journal and its representatives by the Town Supervisor and Town Attorney . There is no legal basis for position of the Journal that executive sessions are proper only in site selection discussions or in personnel matters . Any general town business may be discussed informally at executive sessions from which the public can be e xcluded . The Town Board has availed itself of this method for informal discussion of the issues presented by the proponents 411 and objectors at the public hearings , at which all parties in interest are heard and are encouraged to state their respective positions . In certain complex situations involving the disputed merit of the proposed project , the Board has held more than one public hearing , in order to ascertain that everyone has had ample o pportunity to be heard on all questions which have arisen . After the e xecutive session , the views of the Town Board members are re - duced to writing in the formal findings of fact and decision . When this formal decision is reviewed , signed by the Town Supervisor , and filed in the Town Office , it becomes a matter of public record . At that time the applicant and the objectors and their respective representatives receive a copy of the decision and copies are sent to the media . The purpose of this procedure is to assure that each matter is considered with great care and that the written decision reflects the true findings and decision of the Board . It should be added I 1 I lJ 3 that the vote of individual Board members is likewise recorded in the decision and is available to the public . It should be pointed out that by law the Board has sixty days within which to make a decision . The Town Board in- tends to avoid hasty decisions in any matters , particularly those which have wide and irreversible impact on the community . It does not intend to conduct its business for 1 the benefit of the media , but for the benefit of the public which it serves . No public purpose is furthered by opening all informal discussions to the media , or by allowing applicants or objectors to the application to .first learn of any decision of the Board through the media before the same is final . I Attorney Amdur reported than on August 3rd they had a meeting in Varna with 11 regard to the incomplete work in Sewer No . 2 . It turned out that the problem of Mrs . Potter ' s drain is not a sewer problem but a highway problem ( not a town highway ) . At this meeting the ' Engineers and Contractor agreed to 411look over Mr . Snow ' s premises again . It was decided that Mrs . Potter ' s shrubbery will be replaced but not until fall . Attorney Amdur noted that the Town is fully covered by the performance bond . ZONING OFFICER : Zoning Officer Stewart reported that he has issued 23 permits since the last regular board meeting . He is dealing with 3 violations at present . PETITIONS , ANNOUNCEMENTS , COMMUNICATIONS , FISCAL REPORT : Mr . Gridley read a memorandum from T . G . Payne of the Assessment Department that all sub - division maps submitted to the Planning Board shall have the section , block and lot numbers assigned by the tax map section of the assessment division prior to final approval . This memo will be referred to the Planning Board . Justice Report : Judge Newhart $ 1 , 060 . 00 . Judge Hoagland $ 908 . 00 Financial Report : Highway Fund - Beginning Balance 7 - 1 - .70 $ 116 , 229 . 25 Add :, : Recelptsc • . . '- s 8 580 . 00 T12-4-2, 809 . 25 L ess : Disbursements 22 , 327 . 67 3102 , 481 . 58 Redeem : Certificate of Deposit 61 , 2566 . 25 E nding Balance 7 - 31 -- 70 $ 163 , 737 . 83 General Fund B eginning Balance 7 - 1 - 70 $ 3 , 779 , 54 Add : Receipts 5 , 167 . 37 $ 8 , 9146 . 91 Less : Disbursements 7 , 117 . 07 . Ending Balance 7 - 31 - 70 -$ 1 , 829 , 84 Invest : Certificate of Deposit $ 20 , 000 . 00 1 RESOLUTION # 126 HIGHWAY BILLS 1 111 Councilman Cotterill offered. the following resolution and asked its adoption . RESOLVED that this Town Board pay the highway bills as audited . 2nd Councilman Webb Roll Call Vote - all YES RESOLUTION # 127 GENERAL BILLS Councilman Cotterill offered the following resolution and asked its adoption . RESOLVED that this Town Board pay . the general bills including youth payroll as audited . 2nd Councilman Webb I Roll Call Vote -- all YES . 1 i 64 councilman Cotterill questioned the bill from the Stata of New York for the " 701 Program " in the amount of $ 3 , 494 . 21 . Mr . Gridley said that it was a part - town expenditure and was so budgeted during his administration but apparently was never paid for some reason or another . H - instructed the Clerk to check the minutes of 1963 and 1961 , and hold t e bill until the : n ext regular town board meeting . L ETTERS A letter from Thomas R . Brown was read complimenting the excellent cooperation of Sibley Stewart and members of the zoning; board in his quest to obtain a building permit . A letter from Robert Keech was read requesting the Town Board to change the name of Mineah Road to Keech Road . He did not feel it necessary to h ave a petition signed as there are no other property owners living on Mineah Road . He also requested a road sign at the corne of. Mineah Road and Route 13 . Attorney Amdur said that the Town Board c . n change the n ame of a road . The Board has to notify within 10 days : rlanning Board , County Clerk , Post Office , Highway Superintendent , Fire epartment , and property owners . RESOLUTION # 128 MINEAH ROAD Councilman Webb offered the following resolution and askd its adoption . RESOLVED that Mr . Keech ' s request for Mineah Road to be • hanged to Keech Road be referred to the Planning Board for their recomme dations . 2nd Councilman Cotterill Carried The Town Clerk read the resolution re proper closing of efuse and disposal sites - Tompkins County , as set forth by the Board of Representatives . ( Copy attached in Minute Book ) RESOLUTION # 129 CLOSE TOWN DUMP Councilman Cotterill offered the following resolution and asked its adoption . RESOLVED that the town dump on Johnson Road be and hereby is officially closed as of August 1 , 1970 . 2nd Councilman Webb Carried OLD BUSINESS Councilman Webb reported on the Code of Ethics . He has se ected Councilman Cotterill to work with him and they hope to have somethin •. by October . Deputy Supervisor Gridley reported that he had looked into the matter of paying extra compensation to the Chairman of the Election Inspectors and he recommended that the Chairman in Districts 1 , 2 , 4 , 6 a '. d 7 be paid $ 5 . 00 for primary and general election . He reported that Districts 3 and 5 do not have the supplies delivered to their homes . Distr _ cts 3 and 5 supplies are left at the village hall and town hall . RESOLUTION # 130 CHAIRMAN PAY - ELECTION INSPECYORF Councilman Cotterill offered the following resolution and . sked its adoption . RESOLVED that the Chairman of Districts 1 , 2 , 4 , 6 and 7 bo paid additional $ 5 . 00 for primary and general election for the year 1970 . 2nd Councilman Webb Roll call yore - all YES NEW BU.SII`IESS It was reported that the Xerox copy machine has been a trou lesome piece o f equipment . Xerox model 660 1 can be rented at a :cost of $ 600 per year . The present machine is being rented for $ 459 . 00 per year . W ' th ' the new /ncoe/ there would be no , warm up , no shrinkage and a better copy . Uouncilman Cotterill suggested that he would like some time to get mor '. information -- on competitive prices . RESOLUTION # 131 TABLE XEROX MACHINE Councilman Cotterill offered the following resolution and a • ked its adoption . RESOLVED that the rental of a new Xerox Machine be tabled until September B oard Meeting in order that additional information and prices from other companies be sought . 2nd Councilman Webb Carried 65 RESOLUTION # 132 EXPENSES AND MILAGE - HOAGLAND Councilman Cotterill offered the following resolution and asked its adoption . RESOLVED that this Board authorize paying expenses and milage for Justice Hoagland to the State Magistrates Meeting at the Catskills September 13 , 14 , 15 and 16 . 2nd Councilman Webb Roll call vote - all YES The following sealed bid was received for the purchase of a ditch digger : J . C . Georg Corp , Syracuse , N . Y . $ 41 , 395 . 00 Less : Trade - in allowance 4 , 400 . 00 T o t a l $ 36 , 995 . 00 RESOLUTION # 133 PURCHASE NEW DITCH DIGGER ' Councilman Cotterill offered the following resolution and asked its adoption . RESOLVED that the HighWay Superintendent -' be empowered to pur. chase ' • a new . • ditch digger ( Warner Sweazy ) from the J . C . George Corporation for $ 36 , 995 . 00 . 2nd Councilman Webb Roll call vote - all YES D eputy Supervisor Gridley read a letter from Clyde Cotterill re loss of oil pan on his car while traveling on Crystal Drive , a town road . Councilman Clinton Cotterill explained that the culverts filled up and washed stones into the road during a bad rainstorm . Councilman Cotterill said the Town H ighway Dept . cleaned up in about three days . Attorney Amdur will review this and turn it over to Bailey Insurance if the town is responsible . At this time Mr . Gridley asked if there were any corrections or additions to the June and July minutes . Attorney Amdur reported that on page 46 of t P Van Epps hearing , it should be added to read : at this time there is not , , ', mobile home ordinance etc . and after amount of. land required for mobile IJO s � } q ::, : , �: r h omes " , add : in parks . Being no other corrections or additions the minutes I4 - were approved as sent out . IA' pt ldj rid Deputy Supervisor Gridley called the meeting to a recess in order to meet in Executive Session . Recessed . at 10 : 10 P . M . Lewis Gridley - Deputy Supervisor Rosemary Stelick - Town Clerk EXECUTIVE MEETING August 11 , 1970 An Executive Meeting was called to order by the Deputy Supervisor at 10 : 15 P . M . for the purpose of acting on a resolution for Stephen Shulman to construct a trailer park . Mr . Gridley asked members of the Board their opinion on whether to make a decision re Mr . Shulman ' s request for a special permit or to waive decision until all members of the board could get together . Councilman Cotterill saw no reason to defer the decision since Mr . Shulman had everything in order . He felt that the absent members should trust in the judgement of the members who were present to render a decision . Councilman Webb felt that for the record that the other two votes should be counted in a decision of this importance . • Attorney Admur said that we have had so much discussion on trailer parks , that she would like to see the whole board meet . RESOLUTION # 134 TABLE SHULMAN DECISION Councilman Webb offered the following resolution and asked its adoption . RESOLVED that when the Board meets on the 27th of August in McLean , if all are present , to make a decision on the application of Stephen Shulman for a Special Permit to construct a trailer park on Hanshaw Road . 2nd Councilman Cotterill Carried Executive Meeting adjourned Lewis Gridley - Deputy Supervisor at 10 : 30 P . M . Rosemary Stelick - Town Clerk - 66 August 11 , 1970 • The recessed regular monthly meeting was called to order • ue to unfinished business . • was adopted Mr . Gridley announced to Mr . Shulman that a resolution / to table the decision until all members of the board could get together , hopefu ly the 27th of August . At this time Mr . Gridley announced that an item had been . issed thereby causing this meeting to be called to order again . The app • intment of Sibley Stewart as Zoning Officer on a permanent basis was in order since his . 60 day trial period was up . Mr . Stewart expressed the desire to continue in this capacity . - ■ RESOLUTION # 135 APPOINT SIBLEY STEWART Councilman Cotterill offered the following resolution and ,asked its • adoption . RESOLVED that Sibley Stewart be appointed as Zoning Enforcement Officer on a permanent basis . 2nd Councilman Webb Roll call vote - 11 YES Meeting adjourned at 10 : 40 P . M :. _ Next regular monthly meeting at 7 : 00 P . M . at Town Hall , Sep ember 8 , 1970 . Lewis Gridley - Deputy upervisor Rosemary Stelick - Town Clerk • • • 410 • • RESOLUTION # 53 RELOCATION OF ROUTE 13 RESOLVED that this Town Board go On record as approving • the Northern route rather than the Southern route . • I , Rosemary Stelick , Town Clerk of the Town of Dryden , hereby certify that the above is . a true copy taken from the Minute Book of the Town of Dryden , Meeting of February 14 , 1968 . • • j / Dated : 8 - 4 - 70 Altceata Rosemary '. tel ck , Town Clerk Town of Dryden • • • • . d 7 ./ : : 1 . HH : : . HT • • • • August 17 , 1970 • - Mr's . Constance Cook • Coy. Glen Road . Ithaca , New York • Dear Mrs . Cook : . . • At the request of the Town Boar"d of the Town of Dryden , .. . I have been authorized to write you in regard to . the re - . - • location of Routes 13 and 38 in the Town of Dryden . . • On February 14 , 1968 , the Dryden Town Board went on I • record as approving the northerly route rather than the .- .southerly route . The northerly route being that Rout- 13 • • - would connect with Route 38 just north of the Village of Freeville in the Town of Dryden. . Would you kindly advise me as to the status of Routes . 13' and 38 in relation to the Town ' of Dryden and Village of • • .. Dryden . I would appreciate this . information by the 8th of • • . September so that . I • may report to : the Town Board at the : . Board Meeting . - . , . . - . . - Thanking you . in advance. .. . • Sincerely , • I . ( Mrs . ) Rosemary Stelick • . - • • Dryden . Town . Clerk • • $ • • e • . 1 I . : : • : ; • .• : , • • • • i . . . ( A