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HomeMy WebLinkAbout1982-04-13 \ n 1 PUBLIC HEARING # 1 April 13 , 1982 PROPOSED LOCAL LAW # 3 - 1982 REGULATING THE CONCENTRATION OF LARGE GROUPS OF PUBLIC ASSEMBLY Minutes of public heating #1 commencing at 7 : 30PM Supv Cotterill read the notice that was published in the newspaper concerning th proposed local law regulating the concentration of large groups of public assembly . Supv Cotterill read a ' letter from Dryden Kiwanis Board of Directors stating that they adopted a resolution stating that the Dryden Kiwanis Club is unanimously opposed to the Proposed Local Law # 3 which is scheduled to be discussed at the April 13th Town Board Meeting . It is the feeling of the club members that the law would be detrimental to the Kiwanis Organization and other community activities . Signed Karl Garlock , President . • Supv Cotterill - he had received one phone call telling him that they felt that we have enough regulations on the books in the Town of Dryden and New York State and they were opposed to having any more . QUESTIONS AND/OR COMMENTS Supv Cotterill wanted to know from the citizens 1 ) do you think that there is any need for a local law to control any large gatherings of public assembly ? If so , what kind of number do you think is practical ? We are open to suggestions as to where to we should go from here . Richard Selinsky , 54 W Malloryville Rd wanted to know why this would be justified ? Why was this brought up and would be necessary at all ? They only thing in his mind would be what had happened over in Danby when Dobson wanted a rock concert . Supv Cotterill - that might be one instance what put the subject on peoples minds . There isn ' t any one situation that has brought it up . There have been board members and some citizens that thought if there - were any regulations we should do it in an open mind and not wait until something happens so that we would then - be accused - of directing discussions at any one situation . There is nothing pending now and nothing has been proposed that he is aware of . C1m Webb - was concerned along this line because of the large amount of people traveling on our roads and we are not- equipped and we don ' t have the police protection . All this law does is to give us a . say so to anything that is going to be of large size that is going to happen in our town . If we have 1000 people on - one of our less used town roads , we couldn ' t handle it and we don ' t have the police protection . This allows us to make sanitary conditions available and it lets us oversee it more or less for the protection to the people in that area . If we don ' t have something on the books anybody can bring in any amount of people that they want to in the town and in any place in the town and cause any disruption that they want to . It is like zoning , if you want any protection you have zoning . Tom Wood - in reference to control you mention about sanitary facilities , one of 25 different regulations that are stated in the proposal that somebody would have to meet . He felt that by setting all of these rules that the only thing that you would possibly allow would be a large gathering because a large gathering would be the only one that could afford the $ 200 . 00 fee and go thru with all of these requirements . C1m Webb - 350 people would not require a permit . Tom Wood - a 250 family picnic would be a drop in the bucket for some of the things that go on around here now anyway and that never seemed to bother anybody . Supv Cotterill - do you think that there is a need for some number such as 2000 or 5000 ? Do you feel that type of a crowd should require some type of permit or planning ahead ? Or do you think there should be no regulation at all ? • Tom Wood - before you even get to numbers , the obvious thing for anyone is to have to ' place a $ 200 . 00 application fee . It would be more reasonable just as in your application • for a variance for nonconforming use for property for an initial fee of $ 25 . 00 . The application will generally tell people what things are about and you could go further from there . To set all of these regulations it is impossible for anyone to hold any kind of event unless it is going to be enormous . He realizes this will take care of an enormous event , but what happens to someone that wants to hold an event for 1500 people on a large piece of property ? Supv Cotterill - would you say that 1500 people is not going to cause a type of destruction and any planning would not be needed as far as anybody to check on ? - Do you think that we should not even have a law that would govern somebody ? Tom Wood - the idea is to have an initial contact with someone that is going to hold a public event of a certain size . If you want to set a number you Would have to go from there to discuss it . Even with this if someone met all of these qualifications his guess would be that you could still turn them down . j Supv Cotterill this is no where near a law and , that the board members would like to hear everyones opinions . You have to start someplace . Bill Wood - it is hard to discuss numbers of people . Most of us don ' t realize how many 250 or 5000 people really are in a giveusituation . It is- hard to judge the size of a crowd and what constitutes a crowd that would be detriment to the neighbor- hood or the road that they happen to be driving on . He felt that a certain section of the town could handle a crowd of 5000 people on a large farm or open area with good roads and good access . In another area possible not . It is hard to discuss numbers here without knowing what other communities have done . You must have some guidelines . Apparently this wasn ' t written from scratch . His guess . is that this was someone elses regulation somewhere in the state as a guide . Atty Perkins - that proposal is patterned after a local law adopted in the ' Town of Kent in Putnam County NY where they have a number of 500 people. Bill Wood - is that a rural community or a metropolitan area ? Atty Perkins - Putnam County is within easy commuting distance from New York City . This is his understanding that is why they enacted this local law . Bill Wood - even if the board saw fit to vote on this local law regulation he would hope that it wouldn ' t be in the present form that it is written in because he felt that there are certain areas that doesn ' t have continuity . There are some definitions in the beginning of the law that are not even used later on in the body of the law . His only comment was that he would hope ' that the board would not be voting on this law in this particular form . He felt that it needed a lot of work . He hoped that the board would consider the ramifications of passing such a law on church groups , community organizations , and any group that wants to hold a , fund raising event . He was speaking as a member of Kiwanis and was sure if this law was passed other towns would follow suit and the villages . We would be stuck as a community for any fund raising event and any gatherings whatsoever , such as a craft fair , farmers market , a fair of any kind and large gatherings of a family . He felt that this could be regulated right out of existence and he was really concerned about this . You would be putting a damper on many acitivites that would benefit the community that have been benefited from in the past year . Jim Crawford representing the Love Covenant Community . His concern was the definition in established community groups . That particular phraseology in the text of the proposed ordinance , and felt that there was ' a real omission there because they have a gathering of 300 people every Sunday and this doesn ' t seem feasible to have to apply for a permit . The number is not as much of a concern , it is more the concept ' of a group or a religous group to which GJR comes to mind . All kinds of activities would be seemingly hindered or limited by this kind ' of law . He felt this was a major omission and wondered if this was decided to be left out purposely or was just an accident . Atty Perkins - it would come under the third exemption which does not apply to a function conducted by an established community . Tom Wood - felt tlhat maybe he should have a clarification on the word aggregate . Whether that would mean a . coming " and going crowd or there all at one time . Atty Perkins - the intent is at any one time . . Bob Porteus - as a land owner he is concerned about the ramifications that if he wants to hold some sort of a meeting on his acreage as an example of having the Mormans coming down to put on their pagent or another type of meeting of a nature study program or something that he could in the future use his land . He will end up being restricted with laws like this , he would rather not see laws pertaining to this on the books at all . There are enough laws , rules and regulations on the books at this particular point . He felt that meetings can be delt with in other ways . He doesn ' t feel that any set of rules and regulations does anybody with land and a goodly amount of acreage , but • restrict them of what freedoms that they have left with regard to landowners . He . wanted the Town Board to know that he was opposed to this local law . Bill Wood - since the comments have been made about this proposed local law' in its present form, if the board saw fit to make changes and still consider the law would they have another public hearing with' the changes that might be made ? Atty Perkins - yes there would have to be another public hearing . Ross Gerbasi - if you don ' t want it what do you do ? Supv Cotterill - you speak loud and clear so that the board members hear you . Mr ? ? we don ' t want it . . Supv Cotterill - . the public hearing is for people to give input . . First you have to let us know if you feel that the law is feasible . If it is , what should the size be for the number of people before you start regulating . If there are regulations and we have further public hearings people will have to let us know if they are liveable or not and you have to have the confidence of this board . c. L ., Cim Jordan - this was enacted because we felt that there could be a problem . We didn ' t do it to deter from the citizens . We more or less thought that we didn ' t want a problem . If you get a large public gathering a . lot of them can do a lot of damage . This is why' , we put this together hoping the feed back would be what - ;; we received tonight and )jpw you felt about it . You have told us a lot that we wanted to hear . We didn ' t realize some of the things . that have been brought to our attention and we can go back and look it over again . Supv Cotterill - there have been comments that in other areas of the state where there have been some large unruly groups that have gone as far as to go on farmers property and kill pigs , farm animals and destroy some of their equipment . Maybe this isn ' t our job to worry about this and should be the law enforcement job to take care of people that do that type of thing . Bob Porteus - there are laws on the books that prohibit such acts . If we had the morality to enforce the laws that are on the books now any kind of public gathering • or any kind of large gathering public or private should not present a problem . The stumbling block is that we don ' t have the morality available to enforce because of all of the laws that fail lets pass another one . Cim Webb - that is the reason that this has been brought up . We don ' t have the law enforcement in the county to handle that amount of people if they want to be unruly . The Sheriff ' s Dept . couldn' t handle 1500 people , Watkins . Glen has proved that . Ross Gerbasi - felt that if we were going to have something of this nature you should decide at which point do you need additional police protection . Tom Wood - thought that the board should take care of the total context of this . Everytithe . somebody brings up their own group or faternal organization or church you „i.ust can ' t keep adding these things in or it will become very discriminatory . Ho felt that it was obvious to him after reading over the proposed local law that 'there is a need for you to know what is going on because of the points that have been mentioned about police protection and peoples property etc . Maybe it . would be more sensible to have a rule that says that somebody has to make an initial application and talk with you rather than to set down rules with the limits that are in here , which if you have 250 people or 1000 people to have a doctor and nurse available at all times . As far as the Health Dept rules he felt that they police their own rules to make sure these things are met . Tom Wood wanted to go on record as totally opposing this local law as it has been written . Closed public hearing # 1 8 : 05PM PUBLIC HEARING # 2 Special Permit - Gerald Sherman for storage and retail of farm seeds and supplies Minutes of public hearing # 2 commencing at 8 : 05PM Supv Cotterill 'read the notice that was published. in the newspaper concerning the application of Gerald Sherman for a special permit to use the building at the corner of Livermore Cross Rd and Cortland Rd (Rt 13 ) for storage and retail of farm seeds and supplies . QUESTIONS AND/OR COMMENTS Gerald Sherman was wondering . if it was permissible for them to build living quarters in one end of the building and use the other end for storage and office space ? They want to get the approval or disapproval before they go ani) further . This building is the building that Bernard Hicks made an application for on the corner of Livermore • Cross Rd and Rt 13 . . . Supv Cotterill wanted to know how much land went with the building? Gerald Sherman - there are 5 acres . Supv Cotterills wanted to know if he had talked with the Health Dept if there was going to be a house there ? Gerald Sherman - they have sent him a form"but he hasn ' t filled it out because he wasn ' t sure if he would be allowed to build and wanted to wait until after tonights hearing as to whether it would be an allowed use or not . ' Supv Cotterill - you are talking about using one portion for an office . and seed storage ? Gerald Sherman - for the time being . Supv Cotterill - as far as the residence we don ' t have to do anything , all the Zoning Officer has to do is issue a permit because it is an allowed use and this board would have to issue the permit for the seed storage and office space . Closed public hearing 8 : 10 PM 3o- TOWN BOARD MEETING APRIL 13 , 1982 Minutes of the Town Board meeting held on April 13th Supv Cotterill called the meeting to order at 8 : 10PM Members and guests participated in the Pledge of Allegiance Roll call was by the Town Clerk : Present : Supv Cotterill , Clm Webb , Clm Jordan Clm Evans , Atty Perkins and Z . O . Stewart Absent : Clm Metzger Supv Cotterill appointed Clm Webb to audit the highway fund bills Approval of the minutes : Motion was made by Clm Evans and 2nd by Clm Jordan that the .7nutes of the March 9th board meeting and March 24th special meeting be approved as submitted . COUNTY BRIEFING Co Rep Watros reported that there are bills before the legislature in the state with regard to relief for the elderly . One is for exemption from $ 9200 to $10 , 000 and another one would be on a sliding scale . The county has elected to adopt a resolution that would support which ever one will pass . The concern of the county is that everyone make application prior to May 1st to have it on file prior to the cutoff . CITIZEN PRIVILEGE OF THE FLOOR " . • Kein Grossman Asst Manager from American Television was present : Mr Grossman left with the Town Clerk a certificate of insurance which is a franchise requirement . Also reported that American Cablevision now has anew general manager who ' s name is Wayne Hall . Ned Wait has been transferred to Albany . Mr Grossman reported on the last franchise fee payment . It was brought to his attention that from his corporate office that Town Attorney Perkins had sent a letter requesting additional information . . It was requesting the breakdown of how we arose at the franchise fee payments which are made on a semi annual basis . When this was brought to his attention he took the liberty of doing some investigation to find out how their payments were in compliance with the franchise agreement . He found out that a small error had been made , so he was in touch with his corporate government reporting department and asked them to check out and verify that the payments had been made on a timely accurate basis . He found out that they owe the Town of Dryden some more money . One franchise they pay 1 percent of their gross revenues and the other franchise they pay 3 percent of their gross revenues . In 1979 the NYS Commission on assessment was 2 percent , and their franchise fee payment was 1 percent which was correct . In 1 .980 from Jan to March they NYS Commission was 2 percent and their payment was 1 percent . In 1980 from April to Dec. the NYS Commission assessment dropped to . 825 percent and their franchise fee payment remained at 1 percent therefore , they owe the town the difference of 1 . 175 percent of gross revenues which would come to $175 . 45 . In 1981 Jan thru March the NYS Commission assessment again was . 825 percent and their payment was 1 percent therefore they owe the town $ 70 . 69 . From April . to Dec 1981 the assessment dropped a little lower to . 804 percent which they owe the town the difference of 1 . 196 percent for $ 221 . 27 for a total of $467 . 41 . He was not sure of what the oversite was but there will be a check in the mail for that amount with their apology . Also reported that he has gone through some of the files for requests for surveys in the town and they havie looked on North Rd , Bone Plain Rd . , Turkey Hill Rd . , Irish Settlement Rd . , Sheldon Rd , . Midline Rd . , Ringwood Rd . and Simms Hill Rd . These extensions have been discussed before and everytime this has there seems to be a difference of opinion as far as what the proper aid and construction cost would be . One of the. franchises states that the line extension provision would be based on a formula of aid and construction regarding 35 homes per mile and the other franchise is a different formula of 50 homes per mile . Everytime a survey is done it doesn ' t look promising It is extremely expensive for them to build it and the aid and construction costs that they are asking the local or potential subscribers to bear is exorbitant . Mr Grossman said that they are at a point where they should begin discussion and felt that they should consider consolidating the 2 franchises , and negotiate amendments to come to a more desireable arrangement for both the town and the cable company . There was some discussion and Atty Perkins felt that since there will be a great deal of time put into negotiating a new franchise to include the two existing franchises and include aid and construction formula that it should also include the rate increase . We would like to see cable extended in the town to wherever it is realistic . Mr Grossman - the last time there was a rate increase was when . Ceracche requested it in Dec of 1974 . Atty Perkins - also the other time when the aid and construction cost formula was negotiated and never got recorded to become part of the franchise . Mr Grossman - will contact Atty Perkins for a date to discuss the franchise . There was some discussion concerning the proposed local law concerning the assembly of large gatherings and the board members felt that it should be looked at a little closer so decision was tabled . RESOLUTION # 62 GRANT SPECIAL PERMIT ' = Gerald ' Sherman Clm Webb offered the following resolution and asked for its adoption : RESOLVED , that this Town Board grant a special permit to Gerald Sherman with the following restrictions : 1 - approval from the Health Dept and 2- that this permit is II granted for Gerald Sherman only and maynot be transferred by sale or lease to any , partya and this permit . is for storage and retail sales , of farm seeds and supplys . 2nd Clm Evans Carried ZONING OFFICER . 2 building permits for the month of March . 1 one- family dwelling and 1 garage or storage building . Z . O . Stewart reported that he had talked with Mr Hoyt concerning the garage on Rt 366 . He has a man now working for him and as soon as that project is done he will have him go over there and will have it done by the end of April . CORRESPONDENCE Ambulance report . Letter from Mayor Shaw reporting that he will attend the May board meeting Letter from NYSDOT stating they .wll review the situation at Rt 13 and Yellow Barn Rd intersection . . SPCA Dog Report Letter from EMC regarding a meeting to be held on April 29th at the Ellis Hollow Community Center concerning Gypsy Moths . There was some discussion concerning the local law on wetlands . Supv Cotterill indicated that the German Cross Rd bridge should have higher priority ' of any work that has to be done in the Town of Dryden as faraas planning and improvement goes , since the town cannot get snowplows or emergency ' vehicles ^over the bridge . 4 H would like a resolution sent to the county stating' that the Town of Dryden would like the German Cross Rd bridge put on the high priority list for work to be done in the Town of Dryden for immediate planning . There have been plans for Southworth Rd bridge which isn ' t in as bad shape as the German Cross Rd bridge . The town would like any planning money designed for any other bridge in the town be diverted to the German Cross Rd bridge . . CO Rep Tillapaugh - at the present time there is money in the budget for the planning for the Southworth Rd bridge this year . . . . . RESOLUTION # 63 GERMAN CROSS ROAD BRIDGE • Clm Eirans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board " is requesting that the County Planning . Department divert any county planning money concentration on the Southworth. Rd bridge in the Town of Dryden to the German Cross Rd bridge . 2nd Clm Jordan Carried There was some discussion on the East Ithaca connector route and the Town Board • decided to send a resolution to the County Board to let them know their feelings . RESOLUTION # 64 EAST ITHACA CONNECTOR ROUTE Clm Jordan offered the following resolution and asked for its adoption : WHEREAS , plans for the so called East Ithaca Connector Route have been aired in public hearings , discussions , the press and before this Town Board and WHEREAS , this Town Board has considered all the different positions /pcluding those of the Town of Dryden , the Town of Ithaca , the County of Tompkins including Cornell. University the areas hereby impacted by construction of the proposed road and the impact of the proposed road on the residents of the area and other residents of the Town of Dryden and . WHEREAS , this Town Board has not been convinced of the need and efficacy of the proposed road NOW THEREFORE BE IT RESOLVED BY THIS TOWN BOARD THAT : 1 - the Town Board of the Town of Dryden goes on record and finds that there is no need at the present time for this proposed road as the portion laid out in the Town of Dryden as Phase II 3 * 2- that no more time , public money and effort are to be expended on the proposed road as it pertains to the road in Phase II in the Town of Dryden , the money can be spent elsewhere within the Town of Dryden and put to better use . 3- that the existing roads in the Town of Dryden shoul!dhbe . :created , maintained and made (safe with the available monies including any planning money which might be used on the road as it pertains to the road in the Town of Dryden Phase II 4- that the Town Clerk of the Town of Dryden transmit copies of this resolution to the Tompkins County Board of Representatives , Tompkins County Planning Departme+ , . Tompkins County Planning & , Public Works Committee , Town of Ithaca , Town of Dryden Planning Board , County Superintendent of Highways William Mobbs and County Representatives Watros and Tillapaugh . 2nd Clm Evans ! - Carried • RESOLUTION # 65 PAYMENT TO CITY OF ITHACA FOR JOINT WASTEWATER TREATMENT FACILITY Clm Evans offered] the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize the Supervisor to reimburse the City of Ithaca the Town of Dryden :local share of Step I of the Joint Wastewater Treatment Facility in the amount of $ 845 . 50 2nd elm Jordan Roll call vote- all voting YES RESOLUTION # 66 FUNDS FOR EMERGENCY STREAM RESTORATION WORK Clm Webb offered the • following resolution and asked for its adoption : WHEREAS , the United States Department of Agriculture has allocated funds to be administered by tihe Soil Conservation Service for emergency treatment assistance to protect lives and property from floodwater , crosion and sediment discharge resulting from _ thle damages created by the Storm Event of October 27 , 1981 , and WHEREAS , the TownI of Dryden has a need for this assistance ; NOW THEREFORE , BE IT RESOLVED , that the Town of Dryden 1 . Hereby accepts sponsorship for and requests the emergency assistance made available by the Service . • • 2 . Will acquire the necessary permits , land and water rights licenses and clearances needed for the installation of the emergency treatment measures by the Service on the property of individual landowners located within ' the County . . 3 . Will fund 20 % of construction costs , with cash , or in- kind services or a combination of both to a maximum of $ 20 , 000 . 00 4 . Will make funds and resources available as required to allow all work to commence within 220 consecutive. calendar days following authorization of federal fulnding by the Soil Conservation Service . 5 . Accepts all financial and other responsibilities resulting from its failure to obtain , or its delay in obtaining adequate permits , land and water rights , and nd clearances needed for the. emergency .treatment measures . 6 . Will designate an individual to assist in establishing work priorities , acquire land rights , assure coordination with the appropriate agencies , and perform other duties necessary to carry out the responsibilities of the County under this resolution . 7 . Will provide a copy of this resolution to the Soil Conservation Service . 8 . Will hold and save the United States free from damages due to the approved work . 9 . Will accept all responsibility for operations and maintenance of those emergency measures where rock rip- rap is used . 2nd Clm Evans Roll call vote - all voting YES • There was some discussion concerning the assessability to the polling places . Supv Cotterill asked Z . O . Stewart to check out the different polling places to see what the situation was . RESOLUTION # 67 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 RESOLUTION # 68 AUDIT ' HIGHWAY FUND BILLS C1m Jordan offered the following resolution and asked for its adoption : RESOLVED , that the highway bills be paid as audited . 2nd CIm Webb Roll call vote - all voting YES JUSTICE REPORTS Judge Sweetland - $ 2622 . 00 Judge Newhart - $ 2205 . 00 FINANCIAL REPORT REVENUES EXPENSES General Fund A $ 4260 . 83 $ 10983 . 23 General Fund B 425 . 36 829 . 65 Fire Protection District 522 . 70 - 0 - Federal Revenue Sharing 195 . 19 - 0 - Highway 80042 . 78 52811 . 23 Adjourned : 9 : 35PM • 6li241/ ICA-• �i!yC' Susanne Lloyd I Town Clerk • • •