Loading...
HomeMy WebLinkAbout1970-12-08 90 December 8 , 1970 PUBLIC HEARING The Public Hearing was called to order by Supervisor McCord at 7 : 05 P . M . at the Dryden Town Hall . Present were Supervisor McCord , Councilmen Gridley , Cotterill , Tarr and Webb , Zoning Officer Stewart and Attorney Amdur . Supervisor McCord reported that the purpose of this Hearing was the application of Mr . John Tweitmann of Tweitmann ' s Halfway House located at 1928 Dryden Road , Freeville , New York , to obtain a Special Permit to expand his business and a variance , requirement of the Town Zoning Ordinanc requiring a building be set back 90 feet from the center of the road on a state highway . John Tweitmann was present and reported that his business is growing every 0 year and without adequate storage room he claimed he could not operate un - less he expands . It will be a 30x50 foot addition . It will be on the west end of the building . Supervisor McCord reported , that it is a requirement of the Zoning Ordinance that a building be located . 90 feet from the center of the state highway . He also stated that the addition placed where it is proposed would be in violation of the Zoning Ordinance without a variance and the Town Board is charged with the responsibility of awarding a variance and the permit to go ahead . The present building is set back 69 feet from center of highway . Being no further questions or comments , it was decided to make a decision at this time . RESOLUTION # 1659) SPECIAL PERMIT - TWEITMANN Councilman Webb offered the following resolution and asked its adoption . RESOLVED that this Board grant the variance and Special Permit to John Tweitmann to expand his building at 1928 Dryden Road with a 30 ' x50 ' addition . 2nd Councilman Gridley Roll call vote - all YES Public Hearing adjourned 7 : 15 P . M . PUBLIC HEARING The Public Hearing was called to order by Supervisor McCord at 7 : 30 P . M . Present were Supervisor McCord , Councilmen Gridley , Cotterill , Tarr and Webb , Zoning Officer Stewart and Attorney Amdur . Supervisor McCord reported that the purpose of this Hearing was the application of Mr . James Cutting of Cutting ' s Service Station at 1834 Dryden Road , Freeville , New York , to obtain a Special Permit to expand his business and a variance , requirement of the Town Zoning Ordinance , requiring a building be set back 90 feet from the center of the road on a state highway . Supervisor McCord reported that a letter from Frank Liguori , Commissioner of Planning , to Sibley Stewart , Town Zoning Officer , stated that the proposed plans of the addition of the Cutting Service Station would not h ave any deleterious impact on intercommunity , county or state interests . • The County Planning Department indicated no recommendations . Supervisor McCord said this same letter was sent with regard to John Tweitmann . Supervisor McCord reported that the addition will be used for mechanical repairs and will be one - story , 1200 square feet , steel construction . The present building is 3.4x50 and sets back 64 feet from the center of state h ighway . The addition will be 24x50 on the west end of the station . Mr : Cutting is bounded on the back and east by Prince and west by Reader . Mrs . Reader was present and wanted to know what zone they were in . Zoning O fficer Stewart replied it was an RD . zone . Mrs . Reader said she had no objection to Mr . Cutting ' s addition , but she would like to see it cleaned up around there . She said it is awfully junky and said if it was cleaned up about 20 feet back of the building it would look a lot better . Being no other questions or comments , it was decided to make a decision at this time . 91 RESOLUTION # 1663- SPECIAL PERMIT - CUTTING Councilman Cotterill offered the following resolution and asked its adoption . RESOLVED that this Board grant the variance and Special Permit to James Cutting to expand his building at 1834 Dryden Road with a 24 ' x50 ' addition , and encourage Mr . Cutting to clean up the premises . 2nd Councilman Gridley Roll call vote - all voting YES Public Hearing adjourned 7 : 40 P . M . BOARD MEETING Minutes of the Regular Monthly Meeting of the Town Board of the Town of Dryden held December 8 , 1970 , at the Town Hall , commencing at 7 : 45 P . M . Present Supervisor McCord , Councilmen Gridley , Cotterill , Tarr and Webb , "' Zoning Officer Stewart , Attorney Amdur and County Representative Lee . The Meeting was called to order by Charles G . McCord , Supervisor . Supervisor McCord opened the meeting with. the Pledge Allegiance to the Flag . Roll Call by the Town Clerk Supervisor McCord welcomed the people present and commented that it was a pleasure to see so many people out for a change . Supervisor McCord asked the Town Board if there were any corrections or additions to the Minutes of the November meetings . RESOLUTION # 167 APPROVAL OF MINUTES Councilman Gridley offered the following resolution and asked its adoption . RESOLVED that the November 10th Board Minutes and November Special Meeting Minutes be approved as sent out . . 2nd CouncilmantCotterill Carried III-- COUNTY BRIEFING County Representative Lee greeted those in attendance and indicated his appreciation of the opportunity to . report what has been happening at the county level . He suggested .•that it would be extremely appropriate if the Town of Dryden went on record to Mr . Earl Butts and his family for the heroic accomplishment which that young man accomplished . Tax Notices : He ✓ eported that the tax bills extensions are on schedule and should be in the Town Clerk ' s hands on schedule . County Budget : Mr . Lee reported that the budget has " gone to bed " . They have instituted something which the Town of Dryden has attempted to institute over the last several years and that is budget stabilization in terms of the rate situation . The rate for 1971 will be 5 . 44 vs 5030 for 1970 . Their employee negotiations had to go to fact finding . He reported that a report will be forthcoming in a few days and he was not at liberty to disclose any information from the ✓ eport at this time . He could report that they did project a salary increase and a fringe benefit increase commensurate with what they offered in their negotiations with the employees . Hospital : The Wood and Tower report has been released to the Hospital Board of Managers and expects in the near future a release by the County Board of Managers concerning expanded medical facilities that are under discussion . Community College : They are in the process of negotiating with Cortland County to change the Alhformula of the sponsorship of Tompkins - Cortland Community College . He said MOrwhen the college was established the formula was 68 % of the cost operational and capital for Tompkins County , Cortland County would pay 32 % of the cost operational and capital . Now that they have had a couple years experience , He reported that Tompkins County is paying 68 % this year for approximately 48 % of the students , therefore , Tompkins County is not getting in return for the number of students for what the County is paying . They are n egotiating with Mr . Taylor and other members of Cortland County to try to adjust it and that could mean retroactively $ 150 , 000 . He said they could not adjust the capital formula by education law , therefore , they are locked in there .. He reported that the sketches of the proposed plan of the college indicates that it appears that the county is going to come in with o ne main artery with ingress and egress off Route 13 . His question was does the Town need to proceed with Livermore Road , does the Town need to make ' that capital investment ? County Water Agency : Nearing formation in terms 92 of the establishment of a County Water District . The Town of Ithaca is drilling right now in the. valley for the possibility of establishing whether or not wells are feasible to supply the south hill - west hill areas of the Town of Ithaca . Supervisor Schwann and his board agreed that they would go with the Bolton Point to the Lansing type intake for the northeast area of the Town of Ithaca , and the Town otf °.Dryden could benefit by getting out of the hangup that currently exists that we can not go on extending districts without water and sewer and permission from the city of Ithaca . County Sewer Agency : Nearing formation of County Sewer D istrict # 1 . The basic proposal remains the : .: same , that is the County would buy the Cayuga Heights Sewer Plant and the basic core would be established in the northeast area . This would bring sewer up to the Sapsuckerwoods area , which would mean if the Town of Dryden has the need they could come into the western end of the township for sewer services . He has talke to Morris Peck in recent weeks about the Freeville situation . Mr . Lee - suggested to the Town Board that they consider the possibility of recom- mending that in negotiations with the village officials that they will look at that as County Sewer District # 2 . Mr . Lee reported that he under- stands George Juniox Republic is inhibited from further growth because of the situation and that is a logical area to look at in possibly putting together a town , county and village situation for a sewer district . Landfill Site : Mr . Lee reported that he has continued to move on the Town ' s request for expanding dump hours . Based on the people that have reported to h im , he is getting no severe complaints of the people who live in that area . D og Management : They have a proposal that will propose that the County in confection with the City enter into a . contr. act with the SPCA for the management of the dog problem in the County . Councilman Gridley asked Mr . L ee if the City of Ithaca is still carrying on its city sales tax . Mr . Lee replied that it remains and the possibility of the City doing away with the sales tax is doubtful . Councilman Webb wanted to know if the Town could get feneral financing to locate senior citizens public housing in the Town of Dryden . The answer was yes , if the Town can support 100 units . CITIZENS PRIVILEGE OF THE FLOOR J eanne Vanderbilt reported that there are two Mineah Roads in the Town of D ryden . The other Mineah Road is the one the Town refers to as Dryden - McLean Road . She claimed there are two Mineah Roads on the County map supplied by the Chamber of Commerce . Supervisor McCord turned this . matter over to Councilman Gridley . . STANDING COMMITTEES Buildings & Grounds : Councilman Gridley reported that the construction of the highway building for the Town of Dryden is underway . COUNCILMEN PRIVILEGE OF THE FLOOR Councilman Cotterill reported that the Jaycees feel that the town directory is more than they would like to take on . They did indicate that they would assist in helping some other group in this cause . Supervisor McCord suggested that Councilman Cotterill talk to the fire companies and various community organizations and see what can be done. TOWN ATTORNEY : Nothing to report this month . ZONING OFFICER : Zoning Officer Stewart reported that he issued eight permits since last • month ' s meeting . RESOLUTION # 168 GENERAL BILLS Councilman Cotterill offered the following resolution and asked its adopts RESOLVED that the General Bills be paid as audited . 2nd Councilman Webb Roll call vote - all voting YES RESOLUTION # 169 HIGHWAY . BILLS Councilman Tarr offered the following resolution and asked its adoption . RESOLVED that the Highway Bills be paid as audited . 2nd Councilman Gridley Roll call vote - all voting YES 93 FINANCIAL REPORT General Fund : Beginning Balance 11 - 1 - 70 $ 12 , 988 . 59 Add : Receipts 17 , 600 . 68 $ 30 , 589 . 27 L ess : Disbursements . 7 , 006 . 57 E nding Balance 11 - 30 - 70 $ 23 , 582 . 70 Highway Fund : Beginning Balance 11 - 1 - 70 $ 107 , 677 . 66 Add : Receipts - 0 - L ess : Disbursements 33 , 171 . 82 Ending Balance 11 - 30 - 70 $ 74 , 505 . 84 III JUSTICE REPORT J ustice Newhart $ 1 , 100 . 00 J ustice Hoagland $ 1 , 284 . 50 COMMUNICATIONS SupeMs or McCord reported that a letter had been received from Mrs . Ellen Barnes , President of Etna Community Association , requesting the installation of a street light on the existing pole at the community park and playground on the Upper Creek Road . RESOLUTION # 17015 STREET LIGHT Councilman Gridley offered the following resolution and asked its adoption . RESOLVED that this Board grant the request of the Etna Community Assoc . to install the street light at the community park and playground on Upper Creek Road , Etna , New York 2nd Councilman , Tarru Carried Supervisor McCord read a letter from Mr . Ligouri regarding the increased litter along Peruville and Caswell Roads . According to the Health Department , litter along the Peruville Road is not abnormal at this time . Their obser - ✓ ation is that it is quite likely the problem is being caused by individuals u sing open vehicles for the deliverly of litter since the major collectors u se packer trucks . The ' Health Department also stated that the situation would be watched and if they notice any abnormal conditions , steps will be taken to improve the situation . OLD BUSINESS Supervisor McCord mentioned that last month the Town Board passed the resolution authorizing the increase in income limitations for tax exemptions o f senior citizens . Attorney Amdur reported that she had worked with Councilmen Cotterill and Webb and they now had the . Code of Ethics ready to present to the board . RESOLUTION # 171 $ ADOPT CODE OF ETHICS "' Councilman Cotterill offered the following resolution and asked its adoption . RESOLVED that this Board adopt the Code of Ethics , as follows : Section 1 . Pursuant to the provisions of section eight hundred six of the general municipal law , the Town Board of the Town of Dryden , ' recognizes that there are rules of ethical conduct for public officers and employees which must be observed if a high degree of moral conduct is to be obtained and if public confidence is to be maintained in our unit of local government . It is the purpose of this local law to promulgate these rules of ethical conduct for the officers and employees of the Town of Dryden . These rules shall serve as guide for official conduct of the officers and employees of the Town of Dryden . The rules of ethical conduct of this local law as adopted , shall not conflict with , but shall be in addition to any prohibition of article eighteen of the general municipal law or any other general or special law relating to ethical conduct and interest in contracts of municipal officers and employees . Section 2 . • Definition . ( a ) " Municipal Officer or Employee " means an officer or employee of the Town of Dryden , whether paid or un - paid , , including members of any administrative board , commission o other agency thereof . No person shall be deemed to be a municipal officer or employee solely by, reason of being a volunteer fireman or civil defense ✓ olunteer , except a chief engineer or assistant chief engineer . ( b ) " Interest " means a pecuniary or material benefit ac ruing to a municipal officer or employee unless the context otherwise reouires . Section 3 . Standards of Conduct . Every officer or employee of the Town of Dryden shall be subject to and abide by the followi g standards of conduct : ( a ) Gifts . He shall not directly or indirectly , solidi any gift ; or accept or receive any gift having a value of twenty - five elollars o r more , whether in the form of money , services , loan , travel , enter - • tainment , hospitality , thing or promise , or any other form , under . circumstances in which it could reasonably be inferred that the gilt was intended to influence him , or could reasonably be expected to infl ence him , in the :iperformance of his official duties or was intended as a reward for any official action on his part . ( b ) Confidential Information. He shall not disclose co fiden- tial information acquired by him in the course of his official duties or u se such information to further his personal interest . ( c ) Representation before one ' s own agency . He shall no re - ceive , or enter into any agreement , express or implied , for compensation ' for services to be rendered in relation to any matter before any mu icipal agency over which he has jurisdiction or to which he has the power o appoint any member , officer or employee . . ( d ) Representation before any agency for a contingent ler . He shall not receive , or enter into any agreement , express or implied or compensation for services to be rendered in relation to any matter before any agency of his municipality , whereby his compensation is ' o be dependent or contingent upon any action by such agency with respect to such matter , provided that this paragraph shall not prohibit the fi ing at any time of fees based upon the reasonable value of the services ✓ endered . ( e ) Disclosure of interest in legislation . To the extent that he knows thereof , a member of the Town Board and any officer or emp oyee o f the Town of Dryden , whether paid or unpaid , who participates in he discussion or gives official opinion to the Town Board on any legis ation before the Town Board shall publicly disclose on the official record the n ature and extent of any direct or indirect financial or other private interest he has in such legislation . ( f ) Investments in convlict with official duties . He sha 1 n ot invest or hold any investment directly or indirectly in any fina cial , business , commercial or other private transaction , which creates a con - flict with his official duties . ( g ) Private employment . He shall not engage in , solicit , negotiate for or promise to accept private employment or render services for private interests when such employment or service creates a conf ict w ith or impairs the proper discharge of his official duties . • ( h ) Future employment . He shall not , after the termination of service or employment with such municipality , appear before any board or agency of the Town of Dryden in relation to any case , proceeding or application in which he personally participated during the period of his service of employment or which was under his active consideration . Section 4 . Nothing herein shall be deemed to bar or prevent the timely filing by a present or former municipal officer or employee of any claim , account , demand or suit against the Town of Dryden , or any agency thereof on behalf of himself or any member of his family arising out of any personal injury or property damage or for any lawfulbenefit authcrized or permitted by law . • . . 95 Section 5 . Distribution of Code of Ethics . The Town Supervisor of the Town of Dryden shall cause a copy of this code of ethics to be d istributed to every officer -and employee of the Town of Dryden within 10 d ays after the effective date 1, of this resolution . Each officer and employee e lected or appointed thereafter shall be furnished a copy before entering upon the duties of his office or employment . Section 6 . Penalties . In addition to any penalty contained in any other provision of law , any person who shall knowingly and intentionally ✓ iolate any of the provisions of this code may be fined , suspended or ✓ emoved from office or employment , as the case may be , in the manner pro - - vided by law . Section 7 . Effective date . This resolution shall take effect ' immediately . • 2nd Councilman Webb Roll call vote - all voting YES SNOWMOBILE ORDINANCE . Attorney Amdur reported that as of January 1 no snowmobile can be operated o n state , county and town roads except as authorized by the Town Board . It was decided to hold a informational workshop at the Town Hall on the 15th of December at 7 : 00 P . M . , and to schedule a Public Hearing at the Dryden High School Cafeteria on the 22nd of December at 7 : 30 P . M . INSURANCE REPRESENTATIVE Mr . William Bailey from the George Bailey Insurance Agency was present and said he would like to clarify '! the insurance situation . He reported that he called the State Fund office in Syracuse and it was his opinion that they could not charge the Brooktondale Fire Department $ 150 . 00 more covering an area that was supposidly covered on the basis of the premium charge . of population since volunteer firemen coverage is based upon the population of the Town of Dryden . The State Fund office agreed with . his opinion that they could not charge Brooktondale this additional premium . On the 27th of November a State Fund representative stopped in Mr . Bailey ' s office and reported that they could charge on the basis of the manual which says : " the premium charge for the home area ( Brooktondale ) shall be the sum of premium charge dorresponding to population of the home area and premium charge of $ 150 . 00 per fire protection contract where the home area has obligated itself to provide fire protection to another home area ( Dryden ) . " Mr . Bailey read a letter addressed to the Town Board of which he received . a copy „ from the State Insurance Fund . The letter was written regarding Firemen ' s Workmen ' s Compensation , imforming the Town that their analysis o f the loss experience incurred under the Town ' s policy requires that the ✓ enewal of the insurance effective January 1 , 1971 will be underwritten on the basis of board rates . Mr . Bailey explained that 1970 premium was $ 4670 less 25 % discount because of good experience in the past and the premium required was $ 3502. . For 1971 the board rate is a 25 % increase and also a rate increase that was sent to the town July 1970 , the basic premium will be $ 5965 , no 25 % discount . SEWER DISTRICT NO . 2 . RESOLUTION # 172 REFUND UNIT CHARGE Councilman Gridley offered the following resolution and asked its adoption . " RESOLVED that this Board authorize a refund from Sewer District No . 2 in athe amount of $ 67 . 43 to Mrs . Blanche Monroe for the overcharge of sewer units on parcel no . 56 - 3 - 11 . 1 . 2nd Councilman Tarr Roll call vote - all voting YES 96 RESOLUTION # 1731' HIGHWAY BUILDING - Councilman Gridley offered the following resolution and asked is adoption . WHEREAS , this Board did accept on November 24 , 1970 , the bid of Frank Fernalid Structural Systems for the erection of a 100 ' x60 ' stee building , AND WHEREAS , the Frank Fernalld Structural. Systems is in the process of completing the foundation , THEREFORE , be it resolved , the Supervisor is hereby authorized and directed to make two payments prior to final settlement to the said Fran Fernalld Structural Systems on the approval of Richard C . Case ; Highway 'superintendent . Payment schedule, as follows : ( 1 ) 15 % or $ 4200 shall be paid when the foundation work s complete and ready to accept steel . ( 2 ) 40 % or $ 11, 200 when the steel is delivered to the ,joo site . • BE IT FURTHER RESOLVED , said monies shall be paid from the high ay fund . 2nd Councilman Cotterill Roll call vote - all vot ng YES NEW BUSINESS - Supervisor McCord reported that Mr . Keech ' s term had expired on the Zoning Board of Appeals and also Mr . Gigliello ' s term on the Planning Board was about ready to expire . Mr . Keech was present and said he would be glad to serve on the Zoning Board . RESOLUTION # 174 ' APPOINT KEECH ` - ZONING BOARD OF APPALS Councilman Gridley offered the following resolution and asked ins adoption . RESOLVED that this Board appoint Mr . Robert Keech to serve on t e Board of Zoning Appeals for the term of five years . 2nd Councilman Cotterill Carried • RESOLUTION # 1756 APPOINT GIGLIELLO - PLANNING BOARD „ , `, ` % Councilman Gridley offered the following resolution and asked is adoption . . RESOLVED that this Beard appoint Mr . Frank Gigliello to serve o the Planning Board for the term of 5 years , SUBJECT to Mr . Gigliello ' s acceptance . ' 2nd Councilman Tarr Carried Meeting adjourned 9 : 45 P . M . a SPECIAL '-jMEETING c's RESOLUTION # 1769) SPECIAL PERMIT - FOOTE Councilman Gridley offered the following resolution and asked is adoption RESOLVED that the application of Carl Foote to construct a rest .: urant and bar be denied on the grounds of inconsistancy with the neighbor ood . 2nd Councilman Cotterill Carried O Meeting adjourned Charles G . McCord - Super isor Rosemary Stelick - Town C erk December 22 , 1970 97 PUBLIC HEARING The Public Hearing was called to order by Supervisor McCord at 7 : 35 P . M . at the Dryden High School . Present were Supervisor McCord , Councilmen Gridley , Cotterill , Tarr and Webb and Attorney Amdur . Also present approximately 100 citizens from the Town of Dryden . - Supervisor McCord reported that the purpose of this Hearing was to present to the people the first draft of a snowmobile ordinance . He highlighted parts of the State Conservation Law which he said gave the Board good back - ground in drafting this ordinance . Supervisor McCord noted that this legislation passed by the State of New York will be law January 1st and no snowmobile will be allowed to operate on any town , county or state road . Mr . George Morse reported that a copy of this legislation could be obtained ofrom the Conservation Department in Cortland . At this time Supervisor McCord read the snowmobile ordinance that had been drafted up to date , as follows : An ORDINANCE to regulate the operation of snowmobiles on public highways and places of the Town of Dryden , Tompkins County . Be it resolved by the Town Board of the Town of Dryden as follows : Section 1 . Legislative Intent . The purpose of this ordinance is to protect the public health , welfare and safety by regulating the operation of snowmobiles on public highways and places of the Town of Dryden in a manner which will be compatible with the use of such high - ways and places for vehicular and pedestrian travel and other uses , and which will promote the safe and proper use of snowmobiles for recreation and commerce and minimize detrimental effects of such use on the environment . Section 2 . Definitions . ( a ) The terms , words and phrases used in this ordinance shall have the same meaning as such terms , words and phrases are defined in section 8 - 0105 of the Conservation Law . ( b ) " Shoulder " means that portion of a highway immediately adjacent to 1 . the right side of a roadway which is customarily used for emergency IIItravel and parking . Dryden ) Whenever the word Town is used herein it shall mean the . Town of ? . Section 3 . Operation on Town streets or highways . Operation of snowmobiles on highways and public ways of the Town shall be subject to the applicable provisions of Article Eight of the Conservation Law , the rules and regulations of the Office of Parks and Recreation , and the rules , restrictions and conditions set forth in section five of this ordinance . ( 1 ) Uncongested highways . Only the following streets or highways of the town are hereby designated as uncongested for the purpose of operation of snowmobiles on the shoulders thereof as authorized by section 8 - 0303 of the Conservation Law . Baker Hill Road Beam Hill Road ( South of Lot 58 ) Bone Plain Road Cady Lane Canaan Road ( South of Red Man Run ) Caswell Road Cornelius Road Freese Road - Hammonc3Hill Road ( North of Star Stanton ) Hunt Hill Road Hurd Road . 111 Kirk Road • Mott Road Mt . Pleasant Road - J Niemi : Road . Purvis Road • Red Mill Road . Schutt Road Southworth Road • Star Stanton Road ( West of Canaan ) West Lake Road 98 • ( 2 ) . Unplowed highways . The following Town highways a e hereby identified as customarily unplowed for the purpose of sn . wmobile operations as authorized by section 8 - 0303 of the Conser ation Law : Beam Hill Road ( in Lots 58 & 59 ) Canaan Road ( North of Red Man Run ) Card Road Fulkerson Road Hammond Hill Road ( South of Star Stanton ) Hollister Road Mineah Road . - Monkey Run Road • . Pine Woods Hill Road Red Man Run Signal Tower Road Sodom Road Star Stanton ' Road ( East of Canaan ) Tehan Road III Wood Road Yellow Barn Road ( South of Foote Hill Road ) ( 3 ) Limited operation on highway . ( a ) Emergencies . Whey authorized or directed by the Town Supervisor , the State Police , or S eriff of Tompkins County , a snowmobile may be operated on any portion of the highway for the purpose . of an emergency as authorized by section 8 - 0303 of the ‘ Conservation Law . ( b ) Impassable outside bank or slope . A snowmobile May be operated on the roadway or inside bank of the following highways or portions thereof described herein it being hereby determined that t e outside bank or slope of such highways or portions are non - existent , or by reason of normally prevailing snow . conditions and conditions of terrain are impassable : B aker Hill Road B eam Hill Road ( South of Lot 58 ) B one Plain Road Cady Lane • Canaan Road ( South of Red Man Run ) Caswell Road Cornelius Road . Freese Road 7 H ammond Hill Road ( North of Star Stanton ) Hunt Hill Road . • Hurd Road • Kirk Road Mott Road Mt . Pleasant Road Niemi Road Purvis Road Red Mill Road Schutt Road Southworth Road Star Stanton Road ( West of Canaan ) West Lake Road . Section . 4 . Parks and other public places , other than high ays . ( 1 ) Subject to the restrictions and conditions in section five of this ordinance and the rules and regulations of the office of parks and recreation , snowmobiles may be operated only on or along designated and marked trails of the following public places of the Town : Tw : nty acres tract of woodland situate on Tehan and Card Roads . ( 2 ) Except as provided in subdivision ( 1 ) of this section . operation of : snowmobiles = on : any. :'. otber •, pubjlicr. plapes -r, of : the - Town. isube eby or 0 expresslysprohibited : : , . ' . . � - , .._ _. '. Section . 5 . Coridit�ioris -,`aPU . Restr�iction Wheneyer the oper . tion of a snowmobile is permitted on the shoulder , roadway or inside ba k of any Town street or highway or portion thereof as provided in this • rdinance or on parks or public lands of the Town , the following conditi • ns and • restrictions are hereby imposed to all such snowmobile operati . ns : ( 1 ) Speed . No person shall operate a snowmobile at a speed greater than ten miles per hour , except on the designated unplowed higiways in ` section 3 ( 2 ) or except in an emergency as specified in sectio 3 ( 3 ) . ( 2 ) Financial Security . It shall be unlawful for any perso to operate a snowmobile on any Town highway or on public lands thereof un ess the owner or operator of such snowmobile is insured against public liability and carries with him proof of financial responsibility , such a - a certificate of liability insurance of the type , coverage and o the minimum amount as defined and required of owners and operators of moto vehicles by the vehicle and traffic law of the State of New York . Such proof shalt 99 be displayed by the owner or operator of any snowmobile upon request to any law enforcement officer or to any person who has suffered or claims to have suffered either personal injury or damage to property as a result of the operation of such snowmobile by any such owner or operator . ( 3 ) Direction of Operation . No person shall operate a snowmobile within the street or highway right of way of the Town except on the right side of such right of way and in the same direction as the highway traffic . Operation on other public places shall be only in the direction , if any , marked by appropriate route direction markers . ( 4 ) Unattended Snowmobiles . It shall be unlawful for any owner or operator to leave or allow a snowmobile to be left unattended on any Town highway or public place , while the motor is running or with any key for starting the same . , left in the ignition or elsewhere in said snowmobile . ( 5 ) Obedience to Vehicular Traffic Controls . Each ,3person operating a snowmobile on any Town highway shall observe strictly all vehicular traffic signs and signals and all other rules and regulations applicable IIIto vehicular traffic , and shall obey the orders and directions of any state or local police or other law enforcement officer authorized to direct or regulate traffic . ( 6 ) Age of Operator . No person under the age of sixteen years shall operate a snowmobile on Town streets or highways . ( 7 ) Sidewalks . It shall be unlawful to operate a snowmobile upon a public sidewalk or walkway in the Town . ( 8 ) Unnecessary noise . It shall be unlawful for any person to operate a snowmobile , except as Special Events sanctioned and approved by the Office of Parks and Recreation , in any manner which ( a ) creates loud , e xcessive or unusual noise , ( b ) is equipped with a muffler from which the baffle plates , screens or other original internal parts have been ✓ emoved or altered , ( c ) is equipped with an exhaust system which has been modified in a manner which will increase or amplify the noise emitted by the motor of such snowmobile above that emitted by the exhause system originally installed on the snowmobile , or ( d ) is equipped with no muffler . ( 9 ) No person shall operate a snowmobile on public or p 'r' ivate property within a 1 / 2 mile radius of a community antenna television system relay station . Section 6 . Liability of Town ; Notice . No civil action shall be maintained against the Town for damages or injuries to person or property sustained in consequence of any street , highway , public way , ✓ oadway , shoulder , outside slope , inside bank or any other area , whether the same be paved or unpaved or plowed or unplowed , or on public lands other than roads , where operation of a snowmobile is permitted pursuant to this ordinance , being out of repair , obstructed , unsafe or dangerous unless it appears that prior written notice of the defective , unsafe or dangerous condition was actually given to the town or its hereinafter specified officer or employee and there was a failure or neglect within a reasonable time after the giving of such notice to repair or remove the defect or danger complained of , or the place otherwise made reasonably safe . The written notice aforesaid shall be given to the Town Clerk who shall make and keep an indexed record in a separate book o f all such written notices which have been so received , which record shall state the date of receipt of the notice , the nature and location o f the condition or defect stated to exist , and the name and address of the person from whom the notice was received . Section 7 . Violations . Failure to comply with any of the provisions of this local law shall be deemed a violation and the violator shall be • liable to a fine of not less than $ 25 . 00 Dollars nor more than $ 100 . 00 Dollars . . Section 8 . Separability . If any clause , sentence , paragraph , sub - division or section of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid , such portion of this ordinance shall be deemed separate and distinct from the remainder; of this o rdinance and such judgment shall not affect the validity of the re - maining provisions of this ordinance . Section 9 . Effective date . This ordinance shall take effect immediately upon its publication and filing with the Conservation Department , provided however , that no snowmobile shall be operated under the provisions hereof until such time as the signs and markers are installed or constructed in accordance with the rules and regulations of the New York State Office of Parks and Recreation and the Department of Transportation . 100 Supervisor McCord said that the following roads will be recommende • by the board to the County that the following roads be open to snowmobiles in the event the county opens any roads : Ringwood Road , Midline Road . nd Irish Settlement Road . Supervisor McCord said that the roads proposed by the Town to be oxen to snowmobile traffic will be continuations of trails to state land . d are not intended as drag strips . He said it would be impossible for t Town to open all the roads because of the cost of signs and liability , esince there is over 100 miles of town roads . Pat Underwood questioned the 1 / 2 mile radius restricting snowmobile operation from community television antennas . She said that she r - sides in that area and is within the 1 / 2 mile limit of the Ceracche Tel - vision antenna and they have four snowmobiles and wanted to know if that ruling meant that they could not even ride in their own yard . She was t • ld by 0 Supervisor McCord that was correct , if that ruling went into the ordinance no one could ride their snowmobiles in their own yard if within ' he 1 / 2 mile limit . Attorney Amdur reported that she received a call frog Ceracche ' s attorney that they did a test with a Wheel Horse snow obile and the results were : 100 % distortion at 100 feet , 10 % distortion at 1000 feet . This was discussed at length and Supervisor McCord requested that George Morse make a test on behalf of the snowmobile operators . Mr . Morse said he would do so . Supervisor McCord said that before the board do any thing regarding this part of the ordinance they have to be sati . fied that this is a cause of interference . Supervisor McCord reported that a petition had been received aid was signed by 44 people requesting that no snowmobiles be allowed to operate on the following roads ; Yellow Barn Road ( north of the N . Y . St . te Electric & Gas power lines ) , Ferguson Extension ( between Irish Settleme t and Yellow Barn Roads ) , Spring Run Road ; Corn Crib Road and Foothi 1 Road . Another petition was received and signed by 20 people requesti g that snowmobiles be permanently prohibited from travel on both Bake Hill and Mt . Pleasant Roads . Also , another petition that was presented o the board at the hearing was signed by 16 people requesting the ` boardrto prom. habit -useiog " snowmobiles on "'Hunt .Hill Road . . Supervisor McCord said that there would not be a vote at this time . He said after the ordinance is passed copies will be printed and distributed . Public Hearing Adjourned 9 : 25 P . M . Charles G . McCord - Supervisor Rosemary Stelick - Town Clerk • 101 December 28 , 1970 The Meeting for the Annual Audit was called to order by Supervisor McCord at 1 : 00 P . M . Present were Supervisor McCord , Councilmen Cotterill and Tarr . Absent were Councilmen Gridley and Webb . GENERAL FUND : B eginning Bal . 1 - 1 - 70 $ 6 , 976 . 14 Receipts 85 , 497 . 59 $ 92 , 473 . 73 D isbursements - 77 , 944 . 15 Ending Balance 12 - 31 - 70 $ 14 , 529 . 58 HIGHWAY FUND : Beginning Balance 1 - 1 - 70 $ 431631 . 44 Receipts . 304 , 099 . 76 $ 347 . 731 . 20 D isbursements - 315 , 727 . 32 Ending Balance 12 - 31 - 70 $ 32 , 003 . 88 PART- TOWN FUND : Beginning Balance 1 - 1 - 70 $ 5 , 127 . 49 Receipts 18 , 542 . 03 $ 23 , 669 . 52 D isbursements 12 , 724 . 03 E nding Balance 12 - 31 - 70 $ 10 , 945 . 49 FIRE PROTECTION ( General Fund ) B eginning Balance 1 - 1 - 70 $ 1 , 243 . 01 Receipts 16 , 796 . 06 $ 18 , 039 . 07 D isbursements -. 15 , 044 . 57 Ending Balance 12 - 31 - 70 $ 2 , 994 . 50 SEWER DISTRICT # 1 : . Beginning Balance 1 - 1 - 70 $ 11 , 464 . 03 Receipts 949 . 15 $ 12 , 413 . 18 D isbursements 8 , 441 . 84 E nding Balance 12 - 31 - 70 $ 3 , 971 . 34 SEWER DISTRICT # 2 : Beginning Balance 1- 1 - 70 $ 55 , 969 . 01 Receipts 76 , 2 .81 . 85 $ 132 , 250 . 86 D isbursements 126 , 512 . 72 E nding Balance 12 - 31 - 70 $ 5 , 738 . 14 WATER DISTRICT # 1 : Beginning Balance 1 - 1 - 70 $ 4 , 104 . 47 Receipts . . 9 , 307 . 17 $ 13 , 411 . 64 • Disbursements 12X, 9.73 . 27 E nding Balance 12 - 31 - 70 $ 438 . 37 TOWN CLERK - TAX COLLECTOR : Beginning Balance 1 - 1 - 70 $ - 0 - Receipts: 3147 , 504 . 80 Disbursements - 347 , 504 . 80 Balance 12 - 31 - 70 $ - 0 - TOWN CLERK : Balance 1 - 1 - 70 $ 856 . 50 Receipts . 10 , 832 . 40 $ 11 , 688 . 90 Disbursements - 10 , 321 . 20 B alance 12 - 31 - 70 $ 1 , 367 . 70 102 RESOLUTION # 177 TRANSFER OF FUNDS Councilman Tarr offered the following resolution and asked its .adoption . RESOLVED that this Town Board authorize Supervisor McCord to ma e the following inter - item transfers within the General Fund : From Item # 7 - signs $ 879 . 30 From Item # 1G - 63 . 18 From Item 16A - Councilmen 32 . 00 From Item # 9 - Refuse & Sanitation 2754 . 50 From Item # 6 - Town Bldg . & Offices 400 . 00 T o t a l $ 4128 . 98 To Supervisor Other Expense # 2A $ 74 . 00 To Justice # 2B 724 . 32 To Clerk # 2C 47 . 98 To Attorney # 4 33 . 00 To Elections # 5 63 . 18 To Association of Towns Dues # 12 32 . 00 To Insurance # 14 1694 . 50 To Insurance # 16 1060 . 00 To Audit # 20 400 . 00 T o t a l $ 4128 . 98 2nd Councilman Cotterill , Roll call vote - all Voting YES RESOLUTION # 178bPURCHASE CINDER SPREADER Councilman Cotterill offered the following resolution and asked its adoption . RESOLVED that this Board authorize Richard C . Case , Superintenden of. H ighways , to purchase a new cinder spreader at County bid price not to exceed $ 3 , 000 . 2nd Councilman Tarr Carried RESOLUTION # 179b TRANSFER FUNDS Councilman Cotterill offered the following resolution and asked i s adoption . RESOLVED that $ 10 , 000 be transferred from Item # 4 to Item # 3 - ma ( hinery purchase . ' 2nd Councilman Tarr Carried RESOLUTION # 180 ) LIGHTING DISTRICT Councilman Tarr offered the following resolution and asked its adoption . RESOLVED that this Town Board authorize the Supervisor of the Tow of D ryden to enter into a Lighting Contract for the Hamlet of Varna ith the New York State Electric and Gas Corporation . 2nd Councilman Cotterill Carried The proposed Snowmobile Ordinance was discussed . Councilman Cotterill said h e was in favor of the proposed ordinance as it is and increasing he speed limit to 20 mph . It was mentioned that we might delete the portion regarding Ceracche Television Antenna until test have been made . There was also concern expressed regarding reasonable use of snowmobiles on the road . There was discussion on the roadsrecommended by people at the public healing . The Town Clerk read off the list of roads recommended , as follows : Whitted d upper Landon Road, Beasmer Road , Snyder Hill Road , Genung R oa , upp Road , back E llis Hollow Rd . , Bradshaw Road , Walker Road , unplowed portions of Livermore Road , Johnson Road , Sheldon Road and McClintock Road ( county road ) It was d ecided that this would be discussed further at the Organizational Meeting . The Organizational Meeting was set for January 1 , 1971 at 8 : 00 A . M . at the Town Hall . Meeting Adjourned 3 : 00 P . M . Charles G . McCord - Supervi or • Rosemary Stelick - Town Cie ' k