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HomeMy WebLinkAbout1977-04-12 BOARD MEETING APRIL 12 , 1977 Minutes of the Board Meeting held by the Town Board at the Town Hall commenced at 7 : 30 PM Called to order by Supv McCord Members and guests participated in the Pledge of Allegiance to the Flag . Roll call was by the Town Clerk Present : Supv McCord , Clw Graham , Clm Cotterill , Atty Amdur , Cim Webb , Cim Tarr and Z . O . Stewart Motion was made by Cim Cotterill and 2nd by Clm Tarr that the minutes • of the Public Hearing and Board Meeting held on March 8 , 1977 and the Public Hearing held on March 29 , 1977 be approved as submitted . COUNTY BRIEFING - Absent CITIZEN PRIVILEGE OF THE FLOOR Jean Smiley and Mrs Smiley from Dryden Rd were present to see if anything could be done about the creek bed that borders their property and NYSE & G . About 7 feet of gravel has collected from last years flood . It runs about 250 feet from the state road back up along the creek . Mr Behn from DEC said he had read the letter from Gary Lee and agreed with him that it was up to the property owner to keep it cleaned out . The government cannot automatically assume that kind of responsibility . Mr Calhoun wanted to know if the state highway had been contacted . The state had cleaned out their portion of right - of - way . Mr Calhoun said he thought this creek would be eligible for 216 funds . This would be above the bridge to Route 13 where the culvert is under the state highway . However , Dryden has 2 projects already submitted for $ 50 , 000 . Supv McCord read a letter from Mr Dollaway regarding the creek that borders the Shady Grove Trailer Park and the amount of damage that it has done after the last flood the town had . Mr D B Harrington from Lower Creek Rd in Etna said that he had obtained a permit for anyone that would like to come in and get the gravel from the creek . Mr Harrington was concerned about the bridge on Pinckney Rd being washed away with the creek . The county has looked at the bridge and said that the abutments were alright and until they went nothing would be done . 1 After much discussion Mr Calhoun said he would submit this project under the 216 funds . Cim Cotterill made a motion for Mr Calhoun to apply for the funds from the 216 project . Also the Tbwn . Clerk was to send a letter to NYS DOT asking them to investigate the creek where it borders the Smiley and NYSE & G property . Mr Avery Park wanted to know the progress that was being made on the Adult Book Store . Atty Amdur reported that they had been in court . All documents , have been signed by Judge Bryant in an order to show cause on March 28 , 1977 , 0 which was returnable on April 7th . An Atty appeared on behalf of the Adult Book Store who has akked for sometime to submit papers . Atty Amdur said she has to submit documents in response to his documents and then an order IIwill be made on an injunction . The town is going on only misrepresentation o f the use that was made to the Town Board by the representative for the owner . They are claiming that they had leased the property out . In the document that was submitted to me on the morning in court they gave us a n ame of a corporation whthh is allegedly the . tenant . The Judge asked Atty Amdur if the lease should . be terminated by the owner . Atty Amdur stated yes , because the town ' s position was that they had no right to lease it for u se which would be prohibited to the owner . As it turns out the public ✓ ecords which Atty Amdur had checked on from Albany and Tompkins County show that the corporation did not come into effect until sometime after the revocation of the permit by the Town Board and the State Police raid . Atty Amdur is waiting for some papers to claim that there was a pre - e xisting lease . The telephone listing is still under the name of the owner Lynell Land Developers ._ 178 Mr Park* wanted to know who the tenants were now . Atty Amdur thought there weren' t any tenants at this time . There is some kind of a new corporation which she is checking on . As far as Atty Amdur * as concerned the town is dealing with the owner at the time the permit was issued and were dealing with the owner when the town revoked the permit and this alleged tenant corporation did not , come into existence until sometime after the revocation of the permit . Atty Amdur does not feel - that it is a valid claim and has asked for them to produce a lease and other valid documents : There was no certificate of doing business by anyone filed at the Tomp . Co . Clerk ' s Office and you are to file whether you are an individual or corporation or a partnership . If you use the name Adult Book Store or Trading Post , you are to file the name of the corporation o f the business and the address at the Tomp . Co . Clerk ' s Office which has not been filed . Their Atty first claimed that the town hadn ' t made proper service , which Atty Amdur showed him the town had made proper service . Also the town needed to have a bond which Atty Amdur said that a municipality does not need a bond in an injunction proceeding . Then their Atty came up with a proper lease . Atty Amdur feels that a this lease is not valid . The town ' s position is that we are not wiping o ut pornography because with the recent Supreme Court decision no one knows what it is . The town is proceeding on what was told by a ✓ epresentative that there would be certain specific items sold in the store . The Town Board gave them the permit for those items and none of those items are in the store to bersold . Mr Park wanted to know what action the Dist Atty was taking . Atty Amdur stated that Judge Bryant signed an order which protided that the place was to be cosed pending the case . Their Atty had 10 days from April 7th to submit their documents and then Atty Amdur has 7 days from that date after which the Judge has 30 days to make a decision . Mr Park presented the Town Board with petitions against the -Adult Book Store . COUNCILMAN PRIVILEGE OF THE FLOOR . Clw Graham reported that the Dryden Senior Housing Corp would like to meet with the Dryden Town Board . A meeting was scheduled for April 26th at 7 : 30 PM at the Town Hall . Also felt that the Town Board should receive a quarterly report from the Youth Court Advisor . It was decided . that the Town Clerk notify the advisor for such reports . Also wanted to receive a quarterly ✓ eport from the Ambulance . Attended the Tompkins County Municipal Official ' s Assoc . meeting and ' ✓ eported that the SPCA has no authority to pick up any dogs unless they are unlicensed . Also dead dogs along the highway are to be picked up by the owner . If not on the state road the state should pick up the dogs , o n a county road the county and along the town road the town should pick u p any dead dog or deer . Clw Graham also wanted to know if we had a contract with the Busy Bus . Atty Amdur said that there were 2 contracts with the Busy Bust . • Clm Cotterill - nothing Clm Webb - nothing Clm Tarr reported on the cable TV task force , that they have come up with a new agreement . There would be a single $ 50 . 00 assessment fee for every participating municipality for the 1st year . After the 1st year the , municipality can decide whether or not they want to Continue . The Town Board also has to authorize someone to come to the Town Clerk ' s Office to sign to belong to the task force . Supv McCord authorized Clm Tarr -. ATTORNEY Atty Amdur reported on Keith ' s Pool Town cleanup . All the papers have been drawn up and served ., The matter will be brought up before Judge Bryant on April 21st . 119 TOWN CLERK Reported that she hadn ' t received the sealed bid on time for the voting machine , but had received a bid over the phone for $ 2365 . 00 FOB Jamestown , NY and $ 45 . 00 to $ 50 . 00 shipping charge . The Town will receive a $ 50 . 00 . credit on the old machine . RESOLUTION # 66 ACCEPT VOTING MACHINE BID Cim Tarr offered the following resolution and asked for its adoption . RESOLVED , that this Board accept the bid for $ 2365 . 00 FOB Jamestown , NY and contingent upon receiving the sealed bid in the mail exactly to that amount ford voting machine with printed return mechanism and the Supvervisor be empowered to make the necessary transaction . 2gd Cim Cotterill Roll call vote - all voting YES Reported that she had collected $ 13 , 555 . 48 in taxes plus $ 193 . 15 in penalty . ZONING OFFICER Reported 2 houses , 1 mobile home and 1 garage in building pemits for the month . The Town Board had 3 Special Permit Hearings . $ 40 . 00 building permits , $ 75 . 00 in Special Permit Hearings . . Mr Elmer Goehner was interested in buying property from Mr Lyn Wright on Lake Rd . Ext . and wanted to know if he could have an extension of time past the May 15th deadline for cleaning up the property . RESOLUTION # 67 EXTENSION OF TIME ON PROPERTY Clm Cotterill offered the following resolution and asked for its adoption . RESOLVED , that this Town Board extend the time if Mr Goehner proceeds immediately to buy the property and agrees to proceed with construction as soon as he has title to the property . 2nd Clm Webb Carried II Z . O . Stewart reported that he had contacted Mr Frank Robinson on 481 Groton Rd regarding his cellar . Mr Robinson said he had hoped to get to the Town Board within the next month with a revised proposal for his project . Supv McCord said that the request was denied and that Z . O . Stewart issue Mr Robinson a violation letter . HIGHWAY SUPERINTENDENT Reported that he has been checking prices for a used road sweeper . Hwy .. . Supt . Humphrey said that he has a price for a used 10 year old sweeper for around $ 13 , 000 which will be demonstrated on Mon . Letter from Mrs Kanabroski on Hanford Dr regarding 3 holes which is a hazard in the turn around area . After much discussion the letter was turned over to Z . O . Stewart for a zoning violation . RESOLUTION # 68 APPOINT PLANNING BOARD MEMBER Ciw Graham offered the following resolution and asked for its adoption . RESOLVED ., THAT this Town Board appoint Mitchell Lavine , 719 Ringwood Rd ito replace Timothy Buhl who ' s term is to expire in 1980 . 2nd Clm Cotterill Carried 11 RESOLUTION # 6l APPOINT PLANNING BOARD MEMBER Clw Graham offered the following resolution and asked for its adoption . RESOLVED , that this Town Board appoint Thomas Bonn , 527 Main St . , Etna to replace Richard Turecek who ' s term is to expire in 1983 . 2nd Cim Cotterill Carried . RESOLUTION # 70 LOCAL LAW # 1 OF THE YEAR 1977 Clm Cotterill offered the following resolution and asked for its adoption . RESOLVED , that this Town Board schedule a Public Hearing for Local Law # 1 on May 10 , 1977 at 7 : 30 PM at the Town Hall . 2nd Clm Tarr Carried 180 CORRESPONDENCE Received notification that the town ' s equalization rate is now 43 . 31 . The rate is down from 46 . 55 There will be a meeting with the Dryden Central School concerning the blinking light at the entrance to the high school . RESOLUTION # 71 AUDIT HIGHWAY BILLS Clm Cotterill offered the following resolution and asked for its adoption - RESOLVED , that the Highway Bills be paid as audited . 2nd Clm Tarr Roll call vote - CMm Cotterill YES Clm Tarr YES Clm Webb YES Supv McCord YES Clw Graham Abstained RESOLUTION # 72 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 Sweetland - $ 1649 . 00 Newhart - $ 1257 . 00 FINANCIAL RESORTS REVENUES EXPENSES General Fund A $ 5145 . 81 $ 8443 . 56 General Fund B 318 . 55 814 . 60 Fire Protection District 399 . 31 7278 . 90 Federal Revenue Sharing - 0 - 22 . 50 Highway Fund 7721 . 41 27690 . 11 OLD BUSINESS Abandoment of Lehigh Valley - The county now has the preferential aequistion rights to the LVRR abandoment and will let the Town of Dryden know when the meeting will be held . SEQR - There was some discussion but was decided not to take any action right at this time . Adjourned : 9 : 45 PM Q Susanne Lloyd Town Clerk • 1[ 81_ PUBLIC HEARING APRIL 26 , 1977 SPECIAL PERMIT ( B & L Hicks Moving & Storage ) Public Hearing of the Town Board of the Town of Dryden was held on April 26 , 1977 commencing at 7 : 30 PM Present : Supv McCord , Clw Graham , Clm Cotterill , Clm Tarr Atty Amdur and Z . O . Stewart Absent : Clm Webb Supv McCord read the notice that was published in the newspaper stating the purpose of said hearing was to consider the application of B & L Hicks Moving & Storage , 262 Cortland Rd . to build a storage building at 450 Livermore Rd . for the storage of household goods . 0 QUESTIONS AND / OR COMMENTS Mr Thaler stated that he had a survey of the property which he presented , to the Town Board . It was proposed to locate a metal building for the storage of furniture and items moved by Mr Hicks . The building would be set back 100 ' from Livermore Rd and 100 ' from the sideline where Mrs . Lucas still owns property , which is on the south side . The building would be • 150 ' long , north and south by 50 ' wide east and west . Clw Graham said that one item for the Town Board to consider under specific requirements for a special permit was whether the location , the use and the nature of the intensity of operation will be in conflict with the allowed uses of the zone or neighborhood . Also wanted to know if it would be open to people of all ages . Clw Graham wanted to know if the neighbors had been contacted by Mr Hicks . Mr Hicks said he had not , but there is a cattle dealer right next to his property and is a well traveled road . Across the road is a Ridge Home dealership . He also stated that it would not be a noisy type operation . Mrs . Claude Cortright from 449 Livermore Rd was very upset because the building would block her view and isolate her completely . Clm Cotterill asked Mr Carter to explain the size of the building . Mr Carter stated that it would be a painted steel building 150 ' by 50 ' , a 24 ' eaves height , which would mean 26 ' to 26 ;5 ' to the ridge . It is a 112 pitch roof , 3 overhead doors and 2 regular doors . Mr Edwards wanted to know on which road the entrance would be to the building . Mr Carter said that it would be from Livermore Rd . Clm Cotterill wanted to know what type of storage and how frequently the building would be used . Mr Hicks said that at the end of the month is the busiest time because of people moving . At this time there would only be 3 trucks that would be using the building and occasionally one from out of town for long distant move . Clm Graham asked where the parking would be located . Mr Hicks said that it would . be on the south side of the building and that he only employs 4 people . Public Hearing closed : 7 : 55 PM • After some discussion the board granted the Special Permit . RESOLUTION # 73 GRANT SPECIAL PERMIT TO B & L HICKS MOVING & STORAGE f: Clm Cotterill offered the following resolution and asked for its adoption . '. RESOLVED , that this Town Board grant a Special Permit to B & L Hicks 1. Moving & Storage contingent upon Health Dept . approval . Also , that the building be within line of his residence . That the building be set back 100 ' from Livermore Rd and at least 100 ' from the south sideline of Mrs Lucas property . 2nd Clw Graham Carried Steve Carpenter gave a report on the Dryden Ambulance . It was from 10 - 8 - 77 to 4 - 1 - 77 . Emergency runs made were 127 with 395 . 08 man hours : Transports were 16 with 62 . 52 man hours . Dry runs were 18 with 11 . 23 man hours . Total runs were 161 and total man hours here 468 . 83 . Training involves 17 attending the EMT classes at TC3 . 1377 hours in classrooms and 170 in hospital orientation . 518 hours at the station with training . hours RESOLUTION # 74 ACCEPT FOX HOLLOW ROAD AS A TOWN ROAD Clm Cotterill offered the following resolution and asked for its adoption . RESOLVED , that this Town Board accept Fox Hollow Rd , a 4 unit sub - division to be built off Ellis Hollow Rd , as a town road as accepted . by the Town Attorney and Town Highway Superintendent . 2nd Clm Tarr Carried Atty Amdur reported that she was in court on April 21 , 1977 regarding Keith Pool Town property . Mr Lanphear has 20 days to clean the property up , which would be May 11 , 1977 . If it is not the town will do the work and the bill will be added to Mr Lanphears property tax . Also reported that she had received all the information about the corporation concerning the Adult Book Store and has not yet received any papers which should have been served April 18th . Atty Amdur said she would write to Judge Lee with all of the information . Adjourned : 8 : 15 PM Susanne Lloyd Town Clerk SPECIAL MEETING MAY 24 , 1977 Minutes of the Special Meeting held May 24th , 1977 at 8 : 00 PM Present : Supv . McCord , Clm Cotterill and Clm Webb Clw Graham arrived at 8 : 10 PM RESOLUTION # 75NCCEPT BID FOR ROAD SWEEPER Cim Cotterill offered the following resolution and asked for its adoption . RESOLVED , that this Town Board accept the bid from Walter M Roberts Enterprises for one used 1965 street sweeper in the amount of $ 13 , 000 . 00 and the Highway Supt be authorized to make the necessary transaction . 2nd Clm Webb Roll call vote Cim Cotterill Yes Clm Webb Yes Supv McCord Yes RESOLUTION # 76 HOOK - UP CHARGE FOR WATER DIST # 1 Clm Cotterill offered the following resolution and asked for its adoption . RESOLVED , that this Town Board authorize a hook - up charge of $ 80 . 00 for a new meter in the Town of Dryden Water Dist # 1 to be paid when any application is received from the Town . 2nd Clm Webb Carried There was some discussion on federal revenue sharing . Adjourned : 8 : 30 PM Town Clerk •