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HomeMy WebLinkAbout1982-03-09 / ' TOWN BOARD MEETING March 9 , 1982 Minutes of the Town Board meeting held on March 9th at 7 : 30PM Supv Cotterill called the meeting to order at 7 : 30PM Members and guests participated in the Pledge of Allegiance Roll call was by the Town Clerk : Present : Supv Cotterill , Clm Webb , Clm Jordan , Clm Metzger , Clm Evans and Z . O . Stewart Absent : Atty Perkins ' Approval of the minutes: Motion was made by Clm Metzger and 2nd by Clm Jordan that the minutes of the public hearing and town board meeting held on Feb . 9th be approved as submitted , also the minutes of the public hearing and special meeting on Feb . 23rd . COUNTY BRIEFING • Co Rep Tillapaugh reported that the county has approved the Sheriff ' s contract . Clm Webb wanted to know about the 2 percent tax on motel rooms ? Co Rep Tillapaugh - The Chamber of Commerce and industries have asked for this increase over a year ago and he is opposed to this since you are already paying a 7 percent tax now . COUNCILMAN PRIVILEGE OF THE FLOOR Clm Metzger introduced a proposed local law .regulating the concentration of large groups of public assembly . Supv Cotterill scheduled a public hearing to be held on April 13th concerning the proposed local law at 7 : 30PM TOWN CLERK RESOLUTION # 56 REFUND TAX OVERCHARGE - Parcel # 50- 1 - 5 . 2 Clm Webb offered the following resolution and asked for its adoption : RESOLVED , that the Town Clerk be authorized to refund $ 3 . 49 to Heidi S Thiel , tax parcel # 50- 1 - 5 . 2 due to an error in tax computation . 2nd Clm Evans Roll call vote - all voting YES Reported that Local Law # 1 - 1982 has been filed with the Secretary of State regarding Town of Dryden Fire Prevention Code on Feb . 26th . " ZONING OFFICER . 5 building pemmits were issued for the month of February . 2 - one family dwellings ; 2 dwellings - one to repall and the other to extend ; 1 mobile home to replace a house that had burned . ZBOA had no hearings for the month of Feb . RESOLUTION # 57 APPOINT BRAD PERKINS TO TOMPKINS COMMUNITY HOSPITAL BOARD Clm Evans offered the folloring resolution and asked for its adoption : RESOLVED , that this Town Board appoint Brad Perkins to the Tompkins Community Hospital Board as the Town of Dryden ' s representative : 2nd Clm Jordan Carried CORRESPONDENCE Letter from the Mayor of Ithaca stating that he would like to attend one of our board meetings . . Ambulance . - report • DISCUSSION Schedule meeting in Varna on March 24th at 7 : 30 PM to discuss the water district problems of finance and cost due to the flood disaster of Oct 1981 and also have an informational meeting concerning the East Ithaca connector route . JUSTICE REPORTS Judge Sweetland - $1989 . 50 Judge Newhart - $ 2499 . 00 FINANCIAL REPORTS REVENUES EXPENSES General Fund A $ 83445 . 48 $ 20373 . 91 General Fund B 246 . 43 999 . 04 Fire Protection District 142520 . 75 140333 . 52 Federal Revenue Sharing 190 . 26 - 0 - Highway 231892 . 00 39182 . 26 Supv Cotterill reported that he had attended an insurance service meeting at TC 3 . The insurance services are changing their methods from what they used to do . They used to rate companies and suggest what they would need as to whether they need more pumping polwer , etc . As of last night they were all done recommending to companies to buy equipment . They also used to rate trucks and after 20 years they would call them obsolete . Now they are going to rate trucks on pumping capacity . If the truck is 40 years old and can still pump 500 gallons a minute it will be credited as that regardless of age . They will be putting out a book that any fire company can look at and see how exactly they will be rated according to the equipment that they have . Also in rural areas where you don ' t normally have water the ratings would depend on the amount of tankers available within 10 to 15 minutes and how much water they would have on tihe scene and whether they could maintain a certain number of gallons per minute floW , whether it was from hydrants or tankers even from farm ponds if they were so developed . They could look at the books , see what the pumping capacity was and tell what the community needs were and let them decide for themselves whether they were way under or way over it . The insurance services would not be making recommendations because this is what the fire companies were asking for/ tohem say that they needed more trucks so that they could justify in buying them . This will be the fire companies decision now . RESOLUTION # 58 APPROVE 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 RESOLUTION # 59 AUDIT HIGHWAY BILLS Clm Jordan offered the following resolution and asked for its adoption : RESOLVED , that the highway bills be paid as audited . 2nd Clm Metzger Roll call vote - all voting YES RESOLUTION # 60 APPROVE FINANCIAL REPORT RECORDS FOR 1981 Clm Metzger offered the following resolution and asked for its adoption : RESOLVED , that this Town Board approve the records of the financial records of the Town . of Dryden for the gear 1981 . 2nd Clm Jordan Carried OLD BUSINESS Supv Cotterill reported that he has received a map and letter from Mr Fabbroni with regard to Mr Lucente ' s sewer district on Oriole Drive . Mr Fabbroni had stated in the letter that he has talked with Mr Lucente and the letter of credit concerning Cardinal Drive will be extended to July • lst , 1982 and Mr Lucente has promised to complete the section of Cardinal Drive according to town highway specifications by July 1st so that it can be dedicated to the town . Supv Cotterill - according to Mr Fabbroni he has talked with the Village of Cayuga Heights mayor and with regard to the sewer district they would like a new agreement made that would be different from the old one that would be allowable . Mr Fabbroni suggested that the town ask not to enlarge the district but to trade land that was in the original areisince some is in the bird sanctuary and some land is in the airport hazzard zone that could never be developed . Supv Cotterill said that he would send a letter/t mayorixlarcham requesting to exchange some land but not to enlarge the area . There was also discussion with regard to the proposed sewer district with the Village of Dryden and Supv Cotterill said that he would send a letter to the village and state that we will use the engineers figures with regard to the trailer parks that they should be considered 374 unit as a housing unit , plus flow . Adjourned ? 9 : 00 PM Susanne Lloyd Town Clerk SPECIAL MEETING March 24 , 1982 Varna Community Center Supv Cotterill called the meeting to order at 7 : 30PM Present : Supv Cotterilj , Clm Metzger , Clm Jordan , Clm Webb and Clm Evans Supv Cotterill reported on the Varna Water Dist . financial situation since the flood that occurred in Oct 1981 . The town has been trying to maintain about $ 20 , 000 in the budget each year to cover maintenance in case there is a water line break or for A' repairs . This $ 20 , 000 has been able to handle our costs that we incure each year . We had more than a normal maintenance problem since last Oct 28th and there were some severe expenses . Most of the costs were done by SCLIWC (Bolton Point ) or contractors who did the repairs . The items on the financial statement that has been handed out have been itemized . The total that has already been paid is $ 20 , 131 . 41 . The flood occurred after we had set the budget and the assessments that • were just paid in January is for 1982 . There is still an outstanding bill for the interconnect of $ 8 , 500 to the Cornell Univ water system . This is now a permanent water connection in case an emergency ever arises again . There is also another cost of $1 , 500 which has to do with the bridge that wasn ' t done the first time . This totals up to $ 40 , 131 . 41 in flood expense and we are in a position to cover $ 20 , 000 . At the present time we need $11 , 000 to pay off our current bills and then the question is what kind of a fund do we need for maintenance for the balance of the year . The town attorney said that the town cannot do anything to assess your water charges . Your water charges and this type of charge are 2 seperate things . The water charge is based on the amount of water that you use and paid directly to Bolton Point . The yearly assessment that you received in Jan on your taxes is to pay for this system and this is the same basis that these costs are going to have to be assessed . Also we can ' t legally assess you a special charge right now . We must first borrow the money and then we can do whatever you people feel is proper . We can add this total cost to your next Jan assessment which would be a tremendous increase in taxes or you can spread it over a two year period which you will pay it a little less at a time but you will pay a lot more in current interest rates . In 1982 you paid $ 52 . 28 per unit charge . The formula is 60 % per unit charge , 30 % assessed value and 10o front footage . The charge next Jan ; the unit charge would have to be $ 97 . 00 to get back even if if was paid off in one year . The assessment in 1982 was $1 . 33 per thousand and it would have to go to $ 2 . 50 per thousand next year ; front footage in 1982 was 8 cents and next year it would be 15 cents per front footage . This could be lowered slightly by spreading the cost over 2 years by borrowing the money and paying half of it this coming Jan and paying the other half plus interest the following Jan . The cost would be a little greater because you would be paying 2 years of interest . Supv Cotterill wanted to know that the people felt would be feasible or possible since the state law will not allow the town to take the money from any other place but from this water district . At this point the town has not had to borrow any money because we have used what you have had in the district and paid it out of town funds , but it has to be put back in the funds . QUESTIONS AND/OR COMMENTS Dale Simmons , 836 Dryden Rd wanted to know if all of the expenses that have occurred are from the break on the Freese Rd bridge ? Supv Cotterill - the interconnect would be a seperate expense item but the bridge was the major expense . Harold Case - there were at least 2 other breaks in the lines that he knew of . Mr Snow , 949 Dryden Rd - he understood that the Town of Dryden was receiving some • flood related funds and was any of this reflected in this financial statement ? Supv Cotterill - was sorry to say no , that was one of the things that as a town , and he knew the Village of Dryden felt the same way . The town did everything they could to come up with some figures so that we could get to be declared a disaster area and possibly get some state or federal aid funds to help in the town and village to help cover water and sewer damages . It all fell through and the State of New York said that they were not even going to propose to Washington that we were a flood disaster area . The only money that he is aware of now is what the soil conservation has come up with which they will use to help stablize the creeks and hopefully lessen the possibility of another flood disaster . To his knowledge none of the municipalities have gotten any flood related funds . Mr Stewart Dodge , 952 Dryden Rd wanted to know why the differentially in the way that they were stablizing the creeks in the Town of Dryden ? For example Virgil Creek coming into the lower part of the hamlet of Dryden has already. been straightened out whereas the hamlet of Varna absolutely nothing has been done to the creek . Supv Cotterill - since the flood happened the last part of Oct the Town of Dryden and the Village of Dryden were faced with winter and they knew that they had a lot of act disaster work and there was no way they were going to get it all taken care of . The Town of Dryden rented a bulldozer from a firm in Binghamton and they did operate that with town employees and they worked in the creek steady for about I month . It had to be returned to Binghamton at the end of 30 days . This is what did some of the work south lof Dryden that you are referring to and they did some work in a couple of other spots , but obviously that was just not enough time or manpower to do everything 'that needed doing . A lot did get done near the Village of Dryden because of the damage it did and they wanted to do what they could before the spring run -off would create more problems . There just wasn ' t enough time to do them all and this is what the soil conservation is going to attempt to do within the next few months , is to use some of the money that they have available to help improve and stablize some of the streams that still need it . he understands that Varna is one of the areas that some of the work will be done . Larry Metzger , 956 Dryden Rd wanted to know about the interconnect , if the Varna Water Dist was expected to pick up the entire bill for that interconnect since ' they were using the water also and wanted to know if Cornell had been approached ? Supv Cotterill - as far as he knew the Varna Water Dist will use their funds for that bill . CIm Metzger. - stated that the main reason why it was pushed was since the flood and the coming of cold weather there was hose laying on top of the ground and there was know idea of when the connection would be finished on Freese Rd at the bridge . Supv Cotterill - he understands that there are other connections with Cornell , the need obviously is for the people on this side of the creek . When the main across washes out there is no way to get water without getting the main back or we bring it in from Cornell . C1m Metzger - there was the possiblity that Varna could have been without water for a period during the winter if the hose had ever froze . It was a push thing that had to get done fast . They went through the attorneys at Cornell to do it . If it wans ' t done there could have really been a water problem in Varna . Chuck Johns wanted to know how many units there were in the water district ? L Cy Ortin , .993 Dryden Rd , - we have to pay these bills , : the question is do we do it in 1 year or do we do it in 2 years ? He was in favor of paying it off in 1 year . Alan MacNeill , 1236 Dryden Rd wanted to know what kind of interest rate they would have to be paying for the year ? Supv Cotterill - the municipality would get it at a lower interest rate . Mr Snyder felt that it was unfair that the Varna Water Dist has to shoulder the burden for this and wanted to know why it couldn ' t be spread throughout the whole Bolton Point Water Dist ? Supv Cotterill - this has nothing to do with Bolton Point . The state law says that when you form a benefit water or sewer district you cannot assess charges for that maintenance of the district to anyone other than the people living in that district . The debt principle for 1 year is $11 , 000 and approximately $1 , 000 in interest . The bond principle that you would pay regardless is $ 5 , 000 and the interest on the bond is $ 3 , 000 . The benefit levy and this is the share that goes to Bolton Point on a yearly basis is $11 , 000 from this district , maintenance was scheduled at $ 7 , 000 for a total of $ 38 , 000 next Jan . just to pay the bills . We suggest that another $10 , 000 be put in there for repair and maintenance for 1983 . This would mean that we would have to raise $ 48 , 000 . If there had not been a disaster in Oct we would be raising somewhere in the neighborhood of between $ 25 , 000 and $ 30 , 000 . If we pay this off in 1 year we will have to raise between $ 45 , 000 and $ 50 , 000 . A resident wanted to know if there was some type of disaster federal or private insurance available that one could place against this sort of calamity . It seems • that an insurance premium would be a lot cheaper . Suvp Cotterill - was not aware of any such type of insurance and has never known of a water district having anything like that and could be more expensive than your costs . C1m Metzger - they have looked into this with Bolton Point Insurance Company and there is now way any insurance company would insure this . Supv. Cotterill suggested that the residents pick 4 or 5 people to be their represent - atives in the district to make the decisions and let the board members know what they are as long as it is done within state law . This will be very helpful to the board . There was some discussion and Supv Cotterill said that he will get more information together and he will contact the 4 or 5 people that they would like to be their representatives in their district so that a meeting could be scheduled at the town hall so that all answers will be available to the people regarding units , assessments rolls and all other pertenient information and they can make a decision about this outstanding deht . • 073 • Tab DeBoer , president of the Finger Lakes Cycling Club and Andy McClurg , Chairman of the Task Force on Bicycle Commuting reported that they both had attended a meeting of the Dryden Town Planning Board on the 18th of March and made a proposal . As a result of that meeting the Planning Board passed 2 motions that this Town Board take immediate consideration . What they have proposed and what the Planning Board has adopted for youRconsideration is a very limited proposal for a commuter bikeway . There is a bikeway now from Honness Lane to Maple Ave and has been installed by the Town of Ithaca . Mr DeBoer ' gave the board a letter from Mr Fabroni regarding the experience that the Town of Ithaca has had with the bikeway . The Town of Ithaca now has in their budget the conversion for the LVRR "r-o- w from Maple Ave to the Town of Ithaca town line on Game Farm Rd . Mr DeBoer asked this board to consider and extend a bikeway from Game Farm Rd to Mt Pleasant Rd and latter on to extend the bikeway to Pinckney Rd . Right now this would involve only 2 property owners and Cornell . • B Lavine from the Planning Board made a motion to the Town Board that they take immediate consideration by the Finger Lakes Cycling Club to make necessary arrangements to extend the existing and proposed construction of a bikeway in the Town of Ithaca out LVRR r- o- w to Game Farm Rd and Mt Pleasant Rd by the Town of Dryden . Included in this recommendation are the following reasons why the bikeway would be useful , with the recognition that we not have all of the facts they would not like to lose the opportunity while the deeds and closing on the land has not already occurred . 1 - cost appears to be minimal 2 - would give increased safety to bicyclists who are already using the roads in this area , taking some cars off the road and bicycles 3- there are no bridges and would have no large construction and therefore maintenance costs on this section would be minimal 4- the Town of Ithaca experience has been excellent with the section that they have already built and has been in existance for over a year , one proof being that funds have been budgeted for a second section which would connect with the section now being proposed . Upon completion of this section and the one budgeted in the Town of Ithaca , this section would increase the use of the stretch in the Town of Ithaca . Also J Hunt added an ammendment to the motion that it will lessen the need for public transportation and satisfies some of the demand for proposed connector route and thereby would be presumably a much less expensive means of satisfying that part of the connecting route demand ; also the landowners on that particular stretch are only 3 that the town would have to deal with , and Cornell being one of them has given some preliminary indication that they are amiable to the idea . B Lavine accepted the amendment . Also J Hunt made a motion that the Town Board seriously consider extending the bike path. beyond Mt Pleasant along the r- o- w to Pinckney Rd for the same reasons given in the above motion for a later date . That a provision be made in the deeds in transferring the property to the ownership of the town containing the provision for a bicycle path in this area . B Lavine seconded the motion . Supv Cotterill - all of the LVRR property r- o-w has been deeded back to the people living on either side or is in the process of being deeded back . The Town of Dryden does not have any title to any of the property except for some south of the Village of Dryden . This board has passed a resolution not to take title to any of the land except to have underground easements for public utilities only . Anything that happens will first have to be agreed with by the people that own the land . Mr DeBoer was not sure about the legal aspects , except that apparently the deeds have not been recorded yet with the owners and since there is this r- o- w for utility lines he was wondering if it would be possible for a clause to be added for a bikeway if this board so desires . Supv Cotterill - everything that the town has done was done several months ago and is now in the legal transaction . All of the people have signed the contracts and put up the money . The town has no ties -to the railroad other than the area he had mentioned . The town would have no right beyond what we have recorded without the peoples permission . • The town attorney already has the contracts and the people have paid their money . It is just a case of the legal transaction to be completed and recorded so it is out of the boards hands . We have no right to record anything against that property once the contracts have been signed . Andy McClurg - we understand that the deeds have been written and recorded and is in escrow now but has not been transferred yet . They would like from this board if they were able to make a deal with the 2 private owners and Cornell about an easement across their land could they reopen the whole thing? They would like the boards permission to pursue this matter further with the owners and the onlu expenditure would be for the bikeway . Supv Cotterill - it will be between you people and the people that own the land . If you can get their agreement then you can come to the board with the plans and the board will look at the alternatives that will involve the town . Clm Metzger - it would be what the people would put back on the town as a legal responsibility to the town . Andy McClurg - the Town of Ithaca has a similar situation . Cornell does not own all of the land that is now part of the bike lane . All that is involved really is an C>' . easement . Regarding the town ' s liability are questions that are answered in Mr Fabroni ' s letter to you and these problems have not materialized at all . What we are trying to present now is a very limited proposal that in terms of the towns responsibility and its financial capabilities is very limited . They realize the property is going to be transferred to the private owners . Supv Cotterill - the board would prefer that they get something from the owners in writting as ' to what they would like and what they would allow and expect . Mr Missirian from the County Planning Dept reported on the East Ithaca connector route . At thelpresent time the department is active with several transportation projects . 90 percent of that time goes to transit work which includes the Tomtram project . Their staff has been assigned with the Dryden bus specifications and they are trying to work out requirements to be able to buy the busses to run to Freeville , Dryden and other areas in Tompkins County . At the same time while they are planning for transit they don ' t want to neglect the road system that they have to run . The highways have to be safe to permit transit activities . Most recently Forest Home community exerted upon Cornell Univ . to look carefully upon • the traffic flow through Forest Home . In order to come up with some solutions to these traffic flows a committee was formed including Cornell Univ , Town of Dryden , Town of Ithaca , Tompkins County and the residents of the area . That committee designated a technical group_ which was composed of engineers , archLtects and planners . They have analyzed some sensitive areas . Many solutions have been discussed suchlas Pine Tree Rd , Route 79 ; Ellis Hollow Rd intersection , Judd Falls Rd , East Hill shopping plaza and Route 366 . One way traffic has been suggested through the Forest Home area . After much discussion their committee has come to several recommendations and alternatives . Mr Missirian explained the realignment of Pine Tree Rd and improving the shoulders which. would be Project I . for approximately 1 . 5 million dollars . Also explained Project II from Rt 366 to Rt 13 for approximately 2.. 2 million dollars . Mrs Catherine Brown wanted to know who did they think would use this road from Rt 366 to Rt 13 on Project II _ ? . Ellen ? ? felt that there were 3 main reasons for Project II : 1 - would be to relieve the traffic through Forest Home area 2 - future link to Rt 13 to by-pass Dryden and 3- for the proposed development of a research park for Cornell Univ . Mr Missirian - : in the report the schedule is that Project I be built and then it will be thebasis for their test to see how and if Project II should be built . In Project I it is used in such a way that our problems will be overcome or eliminated to a great extent there might be no need or purpose to build Project II . Allan MacNeill - presented a report from the Ecology Action of Tompkins County . They have looked at the county plan and his own training is in environmental analysis and has prepared environmental impact statements for several engineering firms and for at least 2 governmental agencies . He was struck by what seemed to him by the inadequacy of the environmental impact statement in the county report . The Ecology Action decided to do 3 different alternatives ; the county alternative the East Ithaca connector highway ; an alternative in which nothing gets done at all which they call the no action alternative ; and one which they call the Ecology Action low impact alternative . This plan is not to treat the symptoms of the problems which ! is excess traffic problems especially in the lower Judd Falls area , but to treat the cause of the problem which is to much traffic' across the entire area . The most important part of their proposal is to spend money and also to encourage private corporations , small bus companies to spend money to expand their mass transit in the rural area in the county . The county , Cornell and the city have been doing this in their expansion of the .Northeast Transit system and the East Ithaca Transit system . They have discovered that not only do people use it they use it faster than the system has been able to accommodate them at the present time . A private bus company from Tioga County has already proposed to run a bus on a subscription basis . This would relieve the cause of this problem other than to treat some of the symptoms , that is reducing the size of the commuter traffic . They . agree with the county planning department that there are serious problems , however we felt that Pine TreeRd should be straightened out and a traffic signal installed . They also agree with Phil Snyder ' s proposal that part of the problem can be solved by increasing bike routes and commuter routes . They felt that Forest Home problems were related to the closing to regular traffic through Cornell campus . Their . suggestion wasithat East Ave be open at 9 AM when most of the traffic is there , close and thenlreopen at 4 PM when the traffic is heavy again . They compared an environmental impact study with their proposals and the countys proposals , and no action . This is all in the report that has been handed out . The Ecology Action treats the problem . They conclude that the East Ithaca connector highway while it is supposed to relieve traffic flow problems in Forest Home it will actually aggrivate them by channeling north- south traffic through Caldwell Rd . The connector will aggrivate traffic problems overall and significantly increase the probability in motor vehicle accidents . This highway added 6 new intersections to an already heavily traveled road , it did not eliminate any . The Ecology Action proposal elrmates • 2 intersections . The connector will severly and permanently damage the I • quality of life and environment in several ways in 4 communities . The elderly housing community ; the new family community at Ellis Hollow and Summerhill -apts will be cut off from the shopping plaza by a heavily traveled highway ; Pine Tree Rd . community which will have added truck traffic coming to the central Cornell truck depot ; and the Forest Home community will have most truck and commuter traffic routed through the community on Caldwell Rd and in Varna . The Ecology Action plan tends to treat the cause of the problems . RESOLTUION # 61 ABANDON ROAD IN THE TOWN OF DRYDEN DEED FROM WALRAVEN TO HANFORD RECORDED ON NOVEMBER 13 , 1918 IN TOMPKINS . COUNTY CLERKS OFFICE Clm Metzger offered the following resolution and asked for its adoption . RESOLVED : The Undersigned , Gregory P Humphrey , Town Superintendent of Highways 1 of the Town of Dryden , County of Tompkins and State of New York , hereby certifies : • The highway in said Town of Dryden , known and described as that highway commencing approximately 745 feet easterly along Etna Road from the southwest corner of Military Lot No . 33 , and traveling therefrom in a northerly and northwesterly direction through the property of George Saroka , said highway having been referred to in the following deeds : Deed from Walraven to Hanford recorded in the Tompkins County Clerk ' s Office on November 13 , 1918 , in Liber 190 of Deeds at Page 540 ; Deed from Hanford to Mary Saroka , recorded in the Tompkins County Clerk ' s Office on June 16 , 1948 in Liber 309 of Deeds at Page 539 , has not been opened or worked within . six ( 6 ) or more years from the time it was laid out and has not been traveled or used as a highway for six . ( 6 ) or more years prior to the date of this certificate , and said highway is hereby declared abandoned pursuant to Section 205 of the Highway Law as a highway and public right - of-way . 2nd Clm Jordan Roll call vote all voting YES There was some discussion and the residents took a straw vote opposing the new route Project II and they also opposed Project I . Adjourned : 10 : 00 PM AP Susanne Lloyd Town Clerk • • I S 1 i 1 • i