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HomeMy WebLinkAbout1982-02-09 4,151, PUBLIC HEARING FEBRUARY 9 , 1982 PROPOSED LOCAL LAW #1 - 1982 Supv Cotterill read the notice concerning fire exits . Minutes of the public hearing held on Feb 9th at 7 : 30PM Supv Cotterill read the notice that was published in the newspaper concerning the concentration of large groups of public assembly . QUESTIONS AND/OR COMMENTS Supv Cotterill wanted to know how many days in advance would they need to get a permit to hold a mass meeting? Atty Perkins - 60 days . They will have to be a public hearing with 10 days prior notice . Supv Cotterill - this doesn ' t have any exact detail as to what is required to issue a ailpermit other than to look out for public safety and health . Atty Perkins — there are significant details required in the application . If the application is complete it will furnish the town board with enough information so they can make a decision as to whether to allow it . Mr Case wanted to know if this pertained to community centers , churches or fire halls ? Atty Perkins - yes that is the intent , anytime you have a group of 250 people in that large a concentration . Z . O . Stewart wanted to know if this would also apply to farm auctions ? Atty Perkins - this is aimed at assemblys outside of buildings . This is the intent as to where you are going to have a large gathering of people outside where adequate preparations and plans have not been made for a facility for these people over an extended period of time . It might be possible to build in some kind of time limitation to cover situations like that . Clm Webb that was the biggest decision to make was the number of people . They were hoping that most buildings would hold 250 people and wouldn ' t apply to them . Supv Cotterill - the ,only exemption in the local law is public schools holding something on their own property . Schools and educational facilities holding events on their own doings on their own property would not need be required to have a permit . Also wondered about farm auctions . Atty Perkins - the way it is written right now I would say yes because it is a reasonable expectation that you will have more than 250 people there . The board members felt that at an ordinary household auction you wouldn ' t get 250 people there . Closed public hearing - 8 : 00PM TOWN BOARD MEETING FEBRUARY 9 , 1982 Minutes of the Town Board meeting held on Feb 9th at 8 : 00PM Supv Cotterill called the meeting to order at 8 : 00 PM Members and guests participated in the Pledge of Allegiance Roll call was by the Town Clerk : Present : Supv Cotterill , Clm Webb , Clm Metzger , Clm Jordan , Clm Evans , Atty Perkins & ZO Stewart Approval of the minutes : Motion was made by Clm Jordan and 2nd by Clm Evans that the Illminutes of the January 12th board meeting be approved as submitted . COUNTY BRIEFING Co Rep Watros reported that at this time part of the old county hospital will be utilized for county space and the rest they are not sure what it will be used for . They are considering various proposals . . . . Supv Cotterill felt that the bridge on German Cross Rd is a serious problem to get emergency and fire protection service to the residents and felt that the town has an obligation to do something and will be glad to work with the county to get this situation straighted out . CITIZEN PRIVILEGE OF THE FLOOR Mr Grossman from Ceracche TV reported on North Rd . cable extension . The survey they did covered 1 . 5 miles with 10 households per mit . Assuming that 100 per cent of those homes were interested in cable they came up with a figure of $ 636 . 00 for aid and construction cost per household . The last time he was here there was a question about a mobile home park and they serve that park at present . . . I41/ r Supv Cotterill - you serve it from beyond the point of the current line . Mr Grossman - what theq did was surveq the distance from their trunk line where they have to begin building to serve those people . Supv Cotterill - why don ' t you count the people that live from that point north ? What you are telling me is that you are starting at the trunk line here , but you . are not counting the 50 units that are between there now that you are already serving . Isn ' t that right and a time statement ? Mr Grossman - that is right . What we are counting is where we have to build and where people are not being served . Supv Cotterill - but you have to build from where your main line is which is this side of the trailer park , true ? . Mr Grossman - I think we have to start from Rt 13 . . Supv Cotterill - okay , so why don ' t you count all of the units from Rt 13 north ? (111 Why do you just have 10 units and skip the first 30 units ? Mr Grossman - they are already being serviced . Supv Cotterill - I understand that , but they are part of the density on that line that it has got to feed . Mr Grossman - well that is where we have a disagreement . Supv Cotterill ] - his point is that you people have an obligation to serve these citizens of the Town of Dryden with TV service and obviously we are not doing that . You are trying to figure out how much density you can get and then you can charge the few beyond a fortune to get it . Mr Grossman - also reported on Irish Settlement Rd . The distance was 7 . 7 miles and was 5 households per mile . The aid and construction cost would be $1500 . 00 assuming every home along the 7 . 7 miles took the cable service . Reported on Sheldon Rd . There are no existing utility poles at the end of their trunk line and the portion that they would be serving . This was also less than -10 homes per mile . The cost would be approximately $ 750 . 00 per household . Reported on Turkey Hill Rd . The average was 16 homes per mile and assuming everyone subscribed , the cost would be about $ 300 . 00 for aid and construction cost . Supv Cotterill wanted to know if the apartment units were considered on the corner of Turkey Hill Rd and Stevenson Rd ? Mr Grossman - thought that it did not consider the apartments . Rather than count existing households on the existing cable they are looking at households that would become potential subscribers that would help them to pay back their investment . People that are already receiving service isn ' t fair from their point of view to figure them in . They are looking for potential subscribers that are not being served yet . Clm Jordan - you can look at it another way too . You can look at all of the years that - you have received all of the density within the town . You have made all that money on just the density and you could pass that on to the people that live out in the rural areas . Mr Grossman - thought that most of the town that is being served is well under their desired threshold of 35 houses per mile anyway . It is something like 20 and 25 . From our point of view we are already serving a density that is already lower than desireable for them to make a descent return . Supv Cotterill - do you see any way to get cable tv to those people ? You have 2 trailer parks in the town with well over 100 units and we are asking you to go another mile and a half and you are telling us we are asking for something unreasonable . You have over 100 trailers within one- half mile of the village limits and you can ' t tell me if you start from the Village of Dryden line and go to the furthest point that it doesn ' t average out to 30 houses per mile which is a lot more than most of the area in the town because it is impossible for more because of our zoning ordinance . Mr Grossman - what they wanted to investigate is that he believes that there is an existing cable along Rt 13 that was active that came from Cortland . Following that route they will be able to come up with some different figures . They plan on ' doing a feasibility study to see what condition the cable is in and to check the amplifier casings there . They might be able to activate that portion of the cable and they wouldn ' t have to build any and would be able to approach North Rd from the other end . Co Rep Watros - it would seem that the situation on North Rd is clearly a case of skimming the milk before you test it because all of the density has been taken off and the town is now ready to start putting to test the section that was not viable 10 or 20 years ago whichl obviously still isn ' t today . It would seem to him. that there would be some kind of an obligation or rule that woul be administered by the cable commission that would apply . At least the town board could approach the cable commission to get a ruling as to how density is figured because obviously you can stop and start wherever you want to make it look as good or as bad as you desire . There must be some guidelines . /( put forth by the NYS Cable Commission and this should be the recourse that you take next . Atty Perkins - what is the formula that you used in your study on North Rd . ? How did you determine the aid and construction costs ? Mr Grossman - they started off in terms of the approximate cost to build a mile of cable planned area assuming that existing utility poles are there and simply attach to them . The figure that they chose was $ 8900 . 00 . Their contribution would be based on 35 homes per mile or a figure of roughly $ 254 . 00 per mile they built . They take the average number of homes per mile that they are looking at , divide that into $ 8900 . 00 and subtract from that their aid and construction cost which would be $ 254 . 00 . and the 35 homes divided into the $ 8900 . 00 The difference between the actual number of homes and the number of homes that they are figuring on is the dollar figure for aid and construction . Atty Perkins - is that the formula that is in the existing Sammons Franchise ? IIIMr Grossman - there is no formula in the existing Sammons Franchise to his knowledge . Atty Perkins - you are wrong , right here it is straight off the desk of the New York State Cable Commission labeled line extension provision that tells you the exact formula you are to follow to determine the aid and construction costs . So what you are t elling us is . Mr Grossman - that is what we are going by . Atty Perkins = this formula Mr Grossman - right Atty Perkins - out of this franchise . Mr Grossman - we are going by ; I am not sure which formula that you are talking about ? Atty Perkins - there is only one I am talking about and it has to do with the Sammons Franchise what feeds North Rd . The area originally served by Sammons Communication and I want to know on the record whether or not if this is the formula that you used ? Mr Grossman — what page or section of the franchise is that ? Atty Perkins - you can take a look at if if you want to . Mr Grossman - I haven ' t seen this , when was this passed ? Atty Perkins - this is the franchise which was approved by the Town Board on June 8 , 1976 approved by the NYS Cable Commission , and it is the franchise which you are operating under the former Sammons cable system in the Town of Dryden . Is there some question as to whether that is the franchise ? Do you need a judicial determination of that ? Mr Grossman - what page was that , that you showed me ? Atty Perkins - page 10 just prior to Exhibit A . . Mr Grossman - I have a copy here which appears to be the ammended franchise and I don ' t have that in my copy . Atty Perkins - this is a copy that the NYS Cable Commission sent us . You know under the executive law the franchise is not effective until the cable commission has approved it . It would appear to me that whatever they sent us is whatever they think is in effect . Mr Grossman - okay , I will make sure that I get a copy of that from the commission or get a copy from here . Atty Perkins - the townlwill give you a copy so that you know what franchise you are operating under . Mr Grossman - if that is the case then we will make a determination to the average • number of subscribers . . Atty Perkins - I think you have an obligation to come back to this board based upon which franchise is in effect and the formula in the franchise and report to them those figures . Mr Grossman - okay , then those figures will obviously be lower but they will be somewhat substantial too . . Atty Perkins - understood , but all we - are asking you to do is to live up to the franchise that was granted to you by this town board , not some arbitrary formula . Mr Grossman - it is not an arbitrary formula . Atty Perkins - if it hasn ' t been approved by this Town Board it is . Mr Grossman - it is being examined by the commission right now as policy and that is the guidelines and policy that we are following . Atty Perkins - that isn ' t the policy and isn ' t the law and you know it . isn ' t . Mr Grossman - it is the guidelines and not arbitrary and it is an industry average . / 6 Atty Perkins - until the legislature of the state cable commission enacts it as law this is the contract that you are operating under . Mr Grossman - I am not looking to go head to head with you , either way , density for us to make a descent return on ourinvestment of these areas . It is doing to cost people moneu to make it their worthwhile to build it . I may have been figuring under false assumptions . His - apology for that . He was not sure what the problem has been , but from all of the documentation that he has been able to come up with , he honestly has never come across it , otherwise he would have used that as his assumption . Atty Perkins - that has been part of the problem that we have had with Ceracche TV because you seem to be operating with one concept and we seem to be operating under another . We are bound to operate under the franchise which we granted to you . Mr Grossman - as he had told the board at the last meeting , they are trying to pick up the ball and gent it moving . Atty Perkins - we understand that , that is why we will give you a copy of Sammons Franchise . Mr Grossman - gave the. Town their franchise fee payment for 1981 . Chuck Johns wanted some information about the Freese Rd bridge . Supv Cotteirll - the county is responsible for the bridge and was sure that they had some more Mork to do . The town is responsible for the road and the approach to the bridge and they have a lot of work to do to get it back in shape . He was sure that the highway superintendent will get in there as soon as he can to do the work but he would not be able to give him any time limit on how long it is going to take . The Varna residents were concerned and there was some discussion . Residents from the Varna area were present and concerned about the Fast Ithaca connector route . Supv Cotterill - as far as the new road is concerned he didn ' t think anuthing on the town level has been changed since the last planning board meeting and was not sure how much more work they would have to do . His proposal is that sometime in March the Town Board will hold a public meeting in Varna with the County Planning people giving any information that they have as to the proposals and alternatives and to allow the citizens there to have some input . Chuck Johns - his concern is that people tend to sit back and let things happen . They seem to get everything together and at the last minute you can ' t speak out and get your ' input into it . He doesn ' t like to see the ball rolling when it is a bad idea to begin with . . Co Rep Tillapaugh 7 at this point it is still in the engineering study stage and not a proposal by the town or county . Before plans are made for a final proposal there will be public hearings for it . Nothing further can be done until the Town of Ithaca , Town of Dryden , Cornell and Tompkins County suggest they want to go further with this . The county has not said that they ]are going any further than the engineering study . The people were worried that they would not have a chance to speak out against the plan . Supv Cotterill read the information from the Town Planning Board that they moved phase one be rejected as proposed and in its place concentrate on improving the intersections on Judd Falls Rd between Ellis Hollow Rd and Rt 366 . They also recommended to the Town Board that they reject the concept of phase two as currently presented . ATTORNEY Atty Perkins - one thing that should be pointed out about Ceracche is that they haven ' t been operating under or any of their studies under their franchise . The board should appoint a committee to audit these or have them bring us a detailed map showing us where they started from and where they stopped . The formula is set forth very easy . The cost of aid and construction will be less if they use the formula in the Sammons Franchise . On the Ceracche part itself , Ceracche came to the town and asked for this line extension provision in Resolution # 141 and for some reason it has never become part of the franchise . I am sure the Town Board would like Resolution # 141 to become part of that existing franchise . Subsequent to that they petitioned this Town Board for a rate increase which was granted in another proceeding . They came for the rate increase . after Resolution #141 was granted . Atty Perkins would like the board to authorize him - to find out if it is possible for the town to petition the cable commission to have resolution # 1141 become part of the franchise . RESOLUTION # 50 AUTHORIZE TOWN ATTORNEY TO PETITION NYS CABLE COMMISSION+ Res . 141 - 1975 Supv Cotterill offered the folthowing resolution and asked for its adoption : RESOLVED , that this Town Board authorize Atty Perkins to proceed making Resolution # 141 adopted by this board on October 7 , 1975. to become part of the franchise which apparently had never been filled and therefore never became part of the franchise . 2nd Clm Jordan Carried Supv Cotterill appointed Clm Evans to replace Clm Tarr on the cable television committee . / ; Atty Perkins - drafted a local law based on the New York State Fire Prevention Code . He pointed out the modifications to the board members ; Section 104 having to do with scope and added Section F 104- 2 enforcement and violations . His thought in naming the Zoning - Enforcement Officer is that it is closely tied in with other functions that he has as mulitple resident inspector .. Since everything is up in the air until Jan 1 1984 he felt that the Town Board wouldn ' t want to go to the expense of creating a new position or contracting with some other municipality to preform this function . The other modification would be Section F 402- 3 . 4 portable heaters . This is in reverse of what the existing state fire :prevention code allows under limited circumstances . We allow portable heating equipment using kerosene or other flamable liquids in one or two family dwellings as long as the equipment is in compliance with and operated according to general accepted standards . This will been enacted if this board so chooses as a local law and has to be presented to the board by a member and the Supv will have to schedule a public hearing with 10 days notice from publication . It will have to be filed in Albany prior to March 1st . El/ Clm Webb introduced the proposed Local Law # 2 concerning the Town of Dryden Fire Prevention Code . Supv Cotterill scheduled a public hearing on February 23rd at 7 : 30PM concerning the fire code , ZONING OFFICER No building permits were issued for the month of Jan . ZBOA held one hearing and the variance was granted to Mr . Dolph . CORRESPONDENCE Received letter from Atlantic Inland stating that they will do electrical inspection for municipalities at no charge . Letter from the hospital board requesting a representative from the town for the corporate membership of the hospital and someone possibly for the Board of Directors . Letter from NYS Dept of Conservation regarding a town road in Cannan . Ambulance report DISCUSSION There was some discussion about the number of 250 people for mass meetings so the board decided to table the decision and hold another public hearing later on . Supv Cotterill appointed Clm Metzger and Clm Webb to study the loca law concerning mass -- meetings . To hold a meeting in Varna sometime in the month of March concerning the East Ithaca connector route and also discuss with the residents the situation concerning the Varna Water Dist since the flood in Oct . The board decided to wait until their March meeting to set the date for the meeting . The tentative date was March 23rd . Clm Webb reported that people have complained to him about the intersection of Yellow Barn Rd and Rt 13 . There is poor visibility there because of the business on the corner They park cars and trucks there so that you have to go out into the road before you are able to check for traffic conu«ing . There was some discussion and the Town Board decided to send a letter to NYSDOT to check over the situation . . RESOLUTION # 51 AUDIT HIGHWAY BILLS Clm Metzger offered the following resolution and asked for its adoption : RESOLVED , that the highway bills be paid as audited . 2nd Clm Jordan Roll call vote - all voting YES RESOLUTION # 52 AUDIT GENERAL FUND BILLS Clm Webb offered the following resolution and asked for its adoption : • RESOLVED , that the general fund bills be paid as audited . 2nd Clm Evans Roll call vote - all voting YES JUSTICE REPORTS Judge Sweetland - $ 2262 . 00 Judge Newhart - $1497 . 00 FINANCIAL REPORTS REVENUES EXPENSES General Fund A $ 26518 . 73 $ 37380 . 57 Beneral Fund B 14091 . 81 1637 . 42 Fire Protection District 443 . 63 - 0 - Federal Revenue Sharing 18394 . 86 55 . 00 Capital Fund 31662 . 58 31662 . 58 Highway 160399 . 24 160399 . 24 RESOLUTION # 53 APPROVE LIGHTING CONTRACTS WITH NEW YORK STATE ELECTRIC AND GAS Clm Metzger offered the following resolution and asked for its adoption : RESOLVED , that this Town Board approve the lighting contracts and authorize the Supervisor to sign the contracts for Etna , Varna and the Town of Dryden . 2nd Clm Jordan Roll call vote - all voting YES RESOLUTION # 54 AUTHORIZE HWY SUPT . TO PURCHASE ONE HI-PRESSURE WASHER Clm Jordan offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize Hwy Supt . ' Humphreyrto purchase one hi -pressure washer from Seneca Supply for $ 2 , 995 . 00 with a trade-in allowance of $ 345 . 00 for a net cost of $ 2 , 650 . 00 . . 2nd Clm Webb Roll call vote - all voting YES NEW BUSINESS Schedule public hearing Feb . 23rd at 7 : 30PM regarding local law - fire code Adjourned : 10 : 20PM Susanne Lloyd Town Clerk PUBLIC HEARING FEBRUARY 23 , 1982 PROPOSED LOCAL LAW # 2 - 1982 TOWN OF DRYDEN FIRE PREVENTION CODE Minutes of the public hearing held Feb 23rd at 7 : 30 PM Supv Cotterill read the notice that was published in the newspaper concerning the Town of Dryden Fire Prevention Code . QUESTIONS AND/OR COMMENTS Atty Perkins - in its present form it applies to everyone exclusive of the villages . If we adopted something in our own fire prevention code in the Town of Dryden by March 1st we have then complied with the state and after that we can amend it if we need to . Questions you should think about are - 1 what is going to be the level of participation of enforcement - 2 how much funds will be committed to it - 3 would you hire somebody else - 4 ' are you going to take an active enforcement roll or a passive enforcement roll - 5 hand it to people who apply for a building permit and tell them that this is in effect - 6 or start a house to house search . You should make an administrative policy determination to begin with that you will not enter a private home unless you are invited or you have actual knowledge and obtain a search warrant . These are policy determinations that you will have to make and guide your enforcement officer to let him know what level of enforcement you are looking for . Closed public hearing 7 : 50 PM SPECIAL MEETING February 23 , 1982 Minutes of the special meeting held on Feb 23rd at 7 : 50 PM Roll call was by the Town Clerk : Present : Supv Cotterill , Clm Webb , Clm Evans , Clm Jordan Clm Metzger , Atty Perkins and Z . O . Stewart RESOLUTION # 55 ADOPT LOCAL LAW # 1 - 1982 " TOWN OF DRYDEN FIRE PREVENTION CODE " ID Clm Metzger offered the following resolution and asked for its adoption :. RESOLVED , that this Town Board adopt Local Law # 1 - 1982 entitled " TOWN OF DRYDEN FIRE PREVENTION CODE" 2nd Clm Jordan Roll call vote - all voting YES Adjourned : 7 : 55PM , ,1 Susanne Lloyd f Town Clerk