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HomeMy WebLinkAbout1976-05-11 109 PUBLIC HEARING MAY 11 , 1976 7 : 30 PM Gene Rotunda had applied for a special permit for a 4 unit apartment . No one was present to repprt . Application was denied for failure to appear for the hearing . BOARD MEETING MAY 11 , 1976 Minutes of the Board,. Meeting held by the Town Board of the Town of Dryden at the Town Hall commencing at 7 : 35 PM on the 11th day of May 1976 . Called to order by Supv . McCord . 111 1 Members and guests participated in the Pledge of Allegiance to the Flag . Roll call was by the Town Clerk . Present : Supv . McCord , Clm . Graham , Clm Webb , Clm Tarr , Atty . Amdur and Zoning Officer Stewart . Absent : Clm Cotterill . Motion was made by Clm Graham and 2nd by Clm Tarr that the Board Meeting minutes be approved as submitted after the deletion of 30 days which should read just 60 days in the David Boylan Special Permit . Carried . COUNTY BRIEFING County Rep . Watros was present to repot . He had only one item which was the schedule for the distribution of the ' overpayment of sales tax to each municipality in the county from the City 6f, Ithaca . The question is how it ? s going to be paid , which hasn ' t been setetled yet . The state is involved ; w ith making a final determination on how . The City of Ithaca would like to see the state participate to some degreee because the city alleged that part of the responsibility is the state . The Town of Dryden has $ 41 , 497 . 87 com ; hg and not sure whether it will take a year or longer to get the money . Clm Webb asked County Rep . Watros to '., talk with Sam McNeil about Route 13 . —"Th There has not been a meeting since he has taken over . If he could schedule a meeting Clm Webb would like to see Assemblyman Gary Lee and Senator Smith there if possible . County Rep . Watros said that he would try and set up a meeting . CITIZEN PRIVILEGE OF THE FLOOR John Davis , the Attorney representing Sammons Communications was present to ✓ eport and briefly discuss the proposed : amendment to the present Franchise , ; w hich Sammons has with the Town of Dryden . He explained reasons for , submitting an amendment at this time and gave the Town Board copies . Cable TV companies throughout the county are regulated by both the FCC and local ! ' government as in the case of the Town of Dryden . Also a NYS Commission on f cable TV which means that the cable companies are subject to 3 sets of governmental regulations . Under both FCC & NYS Comm . rules of procedure for cable companies operating systems with franchisee that were granted prior to 1972 are permitted to continue operations , but by 1977 for purposes o f the FCC rules and by 1978 for purposes of NYS Comm . rules . The franchise has to be amended in whatever respects are required to comply with FCC & NYS Comm . The other reason for coming to Dryden at this time is the possibility o f cable extension within 6 months from the adoption date of this amended Franchise which stated that Sammons Communication shall extend service to "' that portion of the Town along Rt 38 and Beam Hill Rd . as depicted on the map . Atty Amdur asked Atty Davis to explain about any income in the _ municipality . Right now the Town is getting 1 % . Atty Davis said that the FCC rules of Franchise standard provides that Municipal Franchise fees may not exceed 3 % as of right and maybe extended to as much at 5 % provided the _ . additional over 3 % is justified and used for local municipal regulatory purposes . The 3 % is revenue raising and the 2 % would have to be shown as ✓ easonable for an established regulartory program . The FCC interputation for that , provided that where there is state and local franchise fee payment the 2 % must be combined for the purposes of the limitations . So the ✓ uling as it stands now is that the state share and the municipality share must come from the 3 % . The state commission has fileda petition with the FCC for a ruling to the effect that there 2 % which they have in their statue , it used to be 1 % now it is 2 % , must be declared and justified for their ✓ egulatory purposes . The effect of such a ruling would be to say that the municipality could have up to 3 % and the state could have its 2 % on to of that so long as the combined totals didn ' t exceed the federal minimum of 5 % . 110 The Town is receiving 1 % now and that would not change under this proposal . There is a question now as to whether the percentage can be based on paid TV revenue . The government says that it cannot and the state is not sure . Dr . Jacobson as President for the Dryden Spirit of ' 76 presented the Town Board and people of Dryden with and Official Certificate that designates the Town of Dryden as a Bicentennial Community . Also a Bicentennial Flag for the Town to display . Dr . / Jacobson also thanked the Town Board for their : support and help that they have given to the committee . Mrs . Laverne King from Etna returned to the Town Board with the petition for a lower speed limit on Upper Creek Rd . and Etna Rd . to Wood Rd . RESOLUTTON # 73 LOWER SPEED LIMIT FROM HOUSE # 81 UPPER CREEK RD . ETNA RD . TO WOOD RD . & ERECT A 3 WAY STOP SIGN AT THE INTERSECTION OF UPPER CREEK RD & ETNA RD . Clm Webb offered the following resolution and asked for its adoption . RESOLVED , that this Town Board of the Town of Dryden request that the Denartment of Transportation investigate and recommend that the speed limit from house # 81 Upper Creek Rd . and Etna Rd . to Wood Rd . be reduced from 45 MPH to 35 MPH and that a 3 Way Stop Sign be erected at the intersection of Upper Creek Rd . and Etna Rd . 2nd Clm Tarr Carried Mrs . Mary Rachner from Lake Rd . came to the Board Meeting with a netitinn to lower the speed limit from the Dryden Village Line to the intersection o f Lake Rd . and Wast Lake Rd . RESOLUTION # 74 LOWER SPEED LIMIT FRnM THE DRYDEN VILLAGE LINE TO THE INTERSECTION OF HEST LAKE RD . AND LAKE RD . Sunv . McCord offered the following resolution and asked for its adoption . RESOLVED , that this Town Board of the Town of Dryden request that the Department of Transportation investigate and recommend that the speed limit from the Dryden Village Line to the intersection of West Lake Rd . and Lake Rd . he lowered from 55 MPH to 35 MPH . 2nd Clm Graham Carried COUNCILMAN PRIVILEGE OF THE FLOOR Clm Tarr - nothing Clm Webb stated the Groton Town Board had appointed some fire commissioners for the new fire district but feels there • is no hurry . The Town Board felt they should wait and see if the state is going to approve the new fire district first before they appoint someone . Also Clm Webb wanted to know about a trailer being moved on the corner of Virgil Rd . and Bradshaw Rd . If there was anythtpg could be done about it . Atty Amdur said that the town is limited to regulations permitted by State Law . The state says that the o nly trailers that the Town Board can control are thNe ones that are occupied . We cannot control the location of an unoccupied trailer which is just parked or stored on someone ' s property . Clm Graham complimented on how nice the Town Hall looked with the new III landscaping and thanked the Highway Supt . and the Town Highway on all their work and effort they put into it . ATTORNEY . Atty Amdur stated that she has never heard from the state or from Mr . Ceracche on approval on the expansion policy . The Town Board did grant them a raise in Franchise before this came up . Atty Amdur will check and find out what has happened . Aflo that sometime ago the Town o f Dryden agreed to sell the state some propetty . Atty Amdur now had the documents that had to be signed by the Town Supervisor . ( TOWN OF DRYDEN ® DRYDEN, NEW YORK J i i - { Lt lix' Hui/ Of /he /71 /T , Lakes Region RESOLUTION LVRR ABANDONMENT FROM FREEVILLE TO CORTLAND Clm Webb offered the following resolution and asked for its adoption . RESOLVED , that the Dryden Town Board wishes to go on record concerning the t matter that the county should not purchase the property involving the abandonment of LVRRaright - of -way between Freeville and Cortland and go to the expense of maintaining the property , that it should revert back to the property owners . 2nd Clm Tarr Roll call vote - Supv Cotterill YES Clm Webb YES Clm Tarr YES Clm Metzger YES Clw Graham YES STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss : TOWN OF DRYDEN ) I , Susanne LLoyd , duly elected Town Clerk of the Town of Dryden , Tompkins County , New York , DO HEREBY CERTIFY : ___ That I have compared the foregoing resolution with the original resolution . adopted by the Town Board of the Town of Dryden at a regular meeting of said Town held on the 14th day of February 1978 , and that the foregoing is a true and exact copy of said original resolution and of the whole thereof . IN WITNESS WHEREOF , I have hereunto set my hand and the seal of the Town of Dryden , this 21st day of February 1978 . ._ .,' , i L ..._ Susanne Lloyd J C�i �� To Clerk .Y SAt a/1/k I 7: 1041fr ygch A di % . 111 ‘ RESOLUTION # 75 SELL THE STATE OF NEW YORK SOME LAND ON SIGNAL TOWER RD . FOR THE SUM OF $ 11 , 000 . 00 Cim Tarr offered the following resolutdon and asked for its adoption . RESOLVED , that this Town Board authorize town Supv . McCord to execute the deed , affidavit of title and payment vouchers for the sale of the 20 acres of land on Signal Tower Rd . in the Town of Dryden , County of Tompkins , to the State of New York for the sum of $ 11 , 000 . 00 Cim Webb 2nd Roll call vote - all voting YES Also now that the Town has the new subdivision ordinances and zoning ordinances Atty Amdur : - felt that she could write to all the attorneys , • banks , and real estate brokers advising them that copies are available at the Town Clerk ' s Office for their inspection or for purchase . Mrs . Caldwell said that she would be glad to put a copy of the letter in with her mailings to all of the real estate brokers . TOWN CLERK Received $ 14 , 571 . 20 in taxes of which included $ 275 . 92 in penalty money . ZONING OFFICER Z . O . Stewart reported that he had issued 18 building permits . 8 for homes , 3 extension on homes , 1 summer camp , 2 garages , 1 barn , 2 roof replacements , and 1 swimming pool . Received $ 90 . 00 in building permits and $ 100 . 00 for Zoning Board of Appeals . Also there had been a fire over a year ago on Bone Plain Rd . and still is not cleaned up , the owner is out of the state . Z . O . Stewart wanted to know if the Town could hire someone to clean the property up and put it on his taxes . Supv . McCord said there is a legal procedure to follow that after a certain length of time we notify the owner that if he does not clean up the property either the Town will hire it done or do it themselves and send him the bill or add it to his taxes . The Board felt that something should be done now since it has been a year . Some discussion was had about Ray Dennis applying for a Junk Yard permit since his property is not cleaned up . Supv . McCord felt that if Mr . Dennis wanted to come in and submit an application that was fine , but if there is a violation in the zoning ordincance that the zoning officer should follow the correct procedure and let the ordinancesdo what it was put into effect for . Clm Webb wanted the zoning officer to check on 2 locations that he knew of where there were extra cars around . 1 was right in Malloryville and the nthc- r was on Fall Creek Rd . near Mallorvville . HIGHWAY SUPERINTENDENT Hwy . Supt . Humphrey said that they had been working around the Town Hall w ith the landscaping ' and that they had started to work on the parking lot in the back but right now have had to stop will all the rain . The o il companies have opened up this week so hope to start on the roads . Wanted to know if the Town ever considered having a spring clean up . Supv . McCord said that there was one about 6 years ago and felt they w ere very helpful . After some discussion Supv . McCord asked Hwy . Supt . • Humphrey to submit a plan so that something could be worked out . RESOLUTION # 76 ACCEPT SUNDOWN AS A TOWN ROAD. III Clm Tarr offered the following resolution and asked for its adoption . _ RESOLVED , that this Board accept Sundown in the Long Boat Key Sub - Division off North Caswell Rd . as a Town Rd . as accepted by the Town Attorney and Town Highway Superintendent . 2nd Clm Webb Carried • I .1A y , RESOLUTION # 77 AUTHORIZE ATTY AMDUR TO TAKE NECESSARY STEPS FOR PURCHASE OF LAND FROM CONSOLIDATED GAS SUPPLY CORP . Supv McCord offered the following resolution and asked for its adoption . RESOLVED , that the Town Board author ize ' Attorney Amdur to make the necessary steps for the purchase of land ( Parcel # 60 - 1 - 7 a 200 ' by 200 ' lot located 225 ' from the Beam Hill Rd . in the Town of Dryden ) by the Town in the amount of $ 500 . 00 pending receipt of letter from the Consolidated Gas Supply Corp . , Clarksburg , W . Va . accepting this sale for the purpose of installing an antenna to provide the necessary •highway radio communication system . 2nd Clm Webb Roll call vote - all voting YES RESOLUTION # 78 AUTHORIZED THE TOWN • CLERK TO ATTEND TOWN CLERK SCHOOL AT CORNELL Supv . McCord offered the following resolution and asked for its adoption / RESOLVED , that this Board authorize the Town Clerk to attend the Town Clerk School , June 7 & 8 held at Cornell . 2Nd Clm Tarr Carried RESOLUTION # 79 AUTHORIZE THE REFUND OF ANAVERPAYMENT OF FIRE TAX • Supv . McCord offered the following resolution and asked for its adoption . RESOLVED , that this Board authorize the Supervisor to refund an over - payment of the fire tax in the amount of $ 594 . 81 to the Receiver of Taxes . 2nd Clm Tarr Carried CORRESPONDENCE - Letter from Consolidated Gas Corp . Letter frnm Mr . Thomas Payne , Director of Assessment stating that they will be at the Town Hall in Dryden on Tues . June 8 , from 3 BM to 7PM for Assessment Review and to appoint someone to serve on the Local Advisory Board . Supv . McCord appointed Clm Graham , Clm Webb and himself . Final notification of the town equalization rate was 46 . 55 Letter from Atty Amdurs office to Sen . Willaam Smith regarding the Dryden ambulance contract . Notice from the City of Ithaca , Board of Public Works advising the Town of Dryden that at their meeting of April 14th , the City of Ithaca intends to discontinue service to the towns jurisdiction on the existing contract within 90 days from the day of this notice . The City of Ithaca will also stop furnishing water meters except within the City and within the district proposed to be furnished with city water as of May 1st . RESOLUTION # 80 AUDIT HIGHWAY BILLS Clm Webb offered the following resolution and asked for its adoption . RESOLVED , that the Highway bills be paid as audited . 2nd Clm Graham Roll call vote - all voting YES RESOLUTION # 81 AUDIT GENERAL FUND BILLS Clm Tarr offered the following resolution and asked for its adoption . RESOLVED , that the General Fund bills be paid as audited . 2nd Clm Webb Roll call vote - all voting YES JUSTICE REPORTS Judge Newhart $ 2906 . 00 Judge Sweetland $ 1418 . 00 • 1 yea FINANCIAL REPORT REVENUES EXPENSES General Fund A $ 17956 . 78 $ 9873 . 00 General Fund B 13630 . 20 1545 . 14 Fire Protection District 39 . 71 - 0 - Federal Revenue Sharing 13605 . 00 697 . 20 Highway Fund 11605 . 66 1257 . 84 NEW BUSINESS I The Town Board decided to hold their June 8th meeting at the Varna Community Center . IAdjourned : 9 : 30 PM / _.....46.40 Town Clerk III , I , fl ._