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HomeMy WebLinkAbout1984-05-08 a - - PUBLIC HEARING # 1 May 8 , 1984 SPECIAL PERMIT . . Gerald Lyon / Minutes of public hearing # 1 7 : 30PM Supv Cotterill read the notice that was published -in the newspaper concerning the application of Gerald Lyon of 29 Mineah Rd for a special permit _ to build a building at 1814 Hanshaw Rd for motorcycle , snowmobile , recreational vehicles and related sales and services . QUESTIONS AND/OR COMMENTS Robert Keech - the efforts for a committee that the Town .Board has set up for industrial and commercial business within the Town has played an important part in Geralds decision to stay in the Town of Dryden . ;` Closed public hearing 7 : 40 PM . PUBLIC HEARING # 2 May 8 , 1984 PROPOSED LOCAL LAW #1 1984 Repeal Local Law #1 - 1983 • Uniform Fire Prevention and . .. Building . Code Minutes of public hearing ' #2 7 : 45PM Supv Cotterill read the notice that was published in the . newspaper to consider the repeal of Local Law # 1 - 1983 whereby the Town of Dryden declared that it would not enforce the Uniform Fire Prevention and Building Code . The effect of the proposed local law would be to have the Town of Dryden -enforce -the Uniform Code . QUESTIONS AND/OR COMMENTS Atty Perkins - .last _year the Town Board adopted a Local Law opting out of the enforcement of the Uniform . Fire Prevention_ . and Building Code . It did so , and thereby passed the responsibility to the County . The County also opted out and passed the enforcement to the . State . The proposal now before the Town Board is to repeal , the Local Law that the Town adopted in June 1983 , thereby opting back in . The Town L ' will then assume the responsibility of 'enforcing the code . Mr Kalitan - hoped the town would opt back in so that, the local government would have more control over it , instead of the State . Doug Sutton - from the homebuilders point of view , he would like to see the town take back the responsibility . There was some discussion Supv Cotterill wanted to know if the town appoints an inspector , who is responsible for the liability ? Atty Perkins - a contract with- a third party , the indepentent contractor , would contain a clause that the town would be named insurer under a policy - of liability insurance and the carrier would require them to carry_ such a policy . . Otherwise, the person would have to be an architect or qualified engineer . If the town appoints their own inspector as an employee , then it would be our liability rather than if we contract with someone . The reason that the Town initially opted out of enforcing the code was that there weren ' t any regulations issued by the Secretary of S at the end of Dec and the law was to go into - effect Jan . 1st . • Closed public hearing # 2 810PM TOWN BOARD MEETING May 8 , 1984 Minutes of the meeting held on May 8th '� ' g y '4. Supv Cotterill called the meeting to order . at 8 : 10PM r , Members and guests gart 'bi-,pated in the Pledge of Allegiance Roll call was / by the Town Clerk : Present : Supv Cotterill , Clm Webb , Clm Metzger Clm Schlecht , Atty Perkins and Z . 0 Stewart Absent : Clm Evans Supv Cotterill appointed Clm Metzger to audit the general fund bills • dC3 COUNTY BRIEFING 4 e , Co Rep Watros - reported on the Morris property , parcel # 59 - 1 - 35 , at 875 Midline Rd that was discussed at the April 27th meeting . According to the County Attorney it would be appropriate for the County to destroy all of the buildings . The County has arranged with the fire coordinator and local fire chief to get that work done within the next 2 weeks weather permitting , The building will be razed to eliminate the health and safety hazard . Atty Perkins - wanted to know about any debris or any holes left by excavation ? Co Rep Watros - didn ' t believe that there were any basements in the buildings { that he had looked at , they were all oh a slab . Anything that would be left would be one vehicle that they would not take . Anyone who purchases the property would be responsible and acquire that as part of the purchase . Z . O . Stewart - there is a basement where the house is located . Supv Cotterill - if there is a hole there it will have to be filled in . Co Rep Watros - thought that some arrangements could be made with the highway department to fill it in . • CITIZEN PRIVILEGE OF THE FLOOR There were some residents from Snyder Hill Road area that would like the town to consider helping them form a water district so that water would be available on Snyder Hill Rd from the Ithaca Town Line , which would be about 3000 feet . . •g Supv Cotterill - the study that was done previously , indicated that they could only go 1000 feet before a pumping station would have to be installed . There was some discussion . Atty Perkins - based on the evidence that is •still in the file and discussion that took place in 1979 and 1980 was apparent that tile waterline could be installed 1000 feet with the existing water supply from :the Hungerford Hill tank . To go . 3000 feet would involve the same discussion that we had previously . 1000 feet is not a problem , because it would mean the /cost of putting in a pipe , control building and watermeter . The position of the town is based on the time and expense that they went to in 1979 . If there is significant interest with the residents on the western part of the road that adjoins the Town of. Ithaca , would be for them to get a petition in the proper form and he would be willing to help them with before it is circulated . The town can see what :Interest there is based upon the petition . There was some discussion . • Mr Kalitan - reported that residents on Leisure Lane and Meadow Drive would like to form a lighting district . He would like to schedule a meeting with the Town Attorney to draw up a proper petition with the requirements of the State . It is his understanding that 95 percent of . the residents are going to sign the petition , and this would preclude the necessity for a public referendum and would expedite the situation . ATTORNEY . Atty Perkins - after the last board meeting , he was directed by the board to contact American Community Cablevision to advise them that the town would be willing to grant them their rate request and amendment to the franchse agreement on the condition that the franchise tax revenue be fixed at 3 percent of gross revenue as opposed to the one percent in the exisitng franchise of Ceracche system . Also , with some flexability with . the expiration date of the franchise , to make the amendment expire the same date that the original franchise expired.. Thereby not making it a new franchise , but merely an amendment . The rate increase would be granted if an agreement could be reached upon all of these items mentioned including line extension . A compromise regarding the line extension policy might be a formula which average the existing homes per mile . ATC suggested 27 dwellings per mile . There was some discussion about how to define the letter CA in the formula . For our purposes we have beenjsaying CA equals the average cost of construction per mile of area cable in a primary service area . Primary service area being defined as that area in the town where cable is already built . The proposed franchise amendment where there are at least 27 dwellings per mile , which makes that area a must build ' area for the cable company . The formula is basically a design to reflect a ratio to determine whether or not there is any aid in construction'. The. expiration date of the franchise would be April 1994 . Atty Perkins wanted to point out on the basic charge in which the franchise tax is computed means 3 percent of the gross revenues on all of the items in Section #6 . • ? • RESOLUTION • AMERICAN COMMUNITY CABLEVISION Clm Metzger offered the following resolution and asked for its adoption : • WHEREAS , the Town of Dryden is served by American Community Cablevision under a Franchise agreement which expires April 12 , 1991 and a franchise agree - ment which expired December 30 , 1981 , and WHEREAS , a public hearing concerning amendments to the franchise agreements was held April 10 , 1984 after due notice was given to the public , and WHEREAS , both former franchises are or were non - ex - 'elusive franchises , - and • WHEREAS , the expired franchise provided for a franchise tax rate of 3 percent of gross revenues and the existing franchise provides for the franchise tax rate of 1 per - cent of graiss revenues , and • WHEREAS , American Community Cablevision has proposed certain amendments to the Town of Dryden franchise agreement which would provide a single non - exclusive franchise for the entire Town of Dryden , with the franchise tax set at a uniform rate of 3 percent of gross revenues , and WHEREAS , line extension provisions have been negotiated between American Community Cablevision and the Town of Dryden , and • WHEREAS , the Town Board deems a rate increase to be dew served by American Community Cablevision and that the amendment to the franchise agreement is in the best in terests of the Town of Dryden . THEREFORE BE IT RESOLVED AS FOLLOWS : The Cable Television Franchise Agreement between the Town of Dryden and American Television & Communications Corporation d / b / a American Community Cablevision is hereby approved , and BE IT FURTHER RESOLVED , that the Supervisor is author - ized to sign the agreement on behalf of the Town of Dryden and the Town Clerk is authorized to affix the Town seal thereto , subject to the approval of the Town Attorney as to the ' final wording of the franchise agreement , and BE IT FURTHER RESOLVED , the • Town Clerk is hereby author - ized and directed to furnish a certified copy of this resolution to American Community Cablevision together with the proof of publication of the notice of the public hearing held April 10 , 1984 . 2nd Clm Schlecht R611 call vote - Supervisor Cotterill YES Councilman Schlecht YES Councilman Webb YES Councilman Metzger YES CouncilrnanEvans Absent • • . ..- C'. ..ki, 91bY%l' .:,r, a0'A.:.ndt av 'n• • • t.•6smr ^^'—'"`_ . ._.___..__ –...n®,am.mwx..+•_......n.....1\- _....- n ._..,r.—.- -- _"-_"_'�."_._..__•__`-- _ • • r . Yt ' k ' , •�iN4 i r T as 43f+ `* y i ' ' , z a >• � w k or r Vtsr x ' t v i< .va e � ty ' :AN: JS tF^ :O: I.Z .L] .f vs �t ,ighO.k3Fkbl .1" .. '..9i1t :4 .e� + i • Atty Perkins - reported that Z . O . Stewart has another unsafe building ; parcel # 44 - 1 - 9 or # 52 - 1 - 49 . Z . O . Stewart gave the board members pictures taken of the Leonardo property located at 1463 Dryden Road with regard to our Local Law # 2 - 1981 . Also gave the board members . a written report of his findings to (Sect 4 ) investigation and report . Z . O . Stewart reported that he had notified the owner several times and Rev Leonardo was here to see him ,. but it was a day when the office was closed . He sent him another letter and still no response . Atty Perkins - the Town Board considers the report and by resolution determine , if :' • in its opinion the report so warrants ; that such building is unsafe and dangerous and order its repair if the same can be safely repaired or its demolition and removal and further order that a notice be served upon the persons . The proper notice shall be served upon the owners and a public hearing shall be scheduled within 5 days of notice of service . RESOLUTION # 93 AUTHORIZE PROCEEDINGS REGARDING LOCAL LAW # 2 - 1981 - Leonardo property Clm Metzger offered the following resolution and asked for its adoption : . RESOLVED , that this Town Board accept the recommendation from Z . O . Stewart determining that the dwelling is unsafe and dangerous and ordering - the repair or removal according to the provision Local Law # 2 - 1981 and authorize the Zoning Officer and Town Attorney to take the necessary steps and procedures against the Leonardo property located at 1463 -Dryden Rd , parcel # 44 -1 -• 9 or # 52 -1 - 49 . 2nd Clm Schlecht Roll call vote - all voting YES TOWN CLERK Reported that it is now up , to • Boardof Elections to appoint election custodians and it is up to the Republican and . Democratic Chairmans to have their list of election inspectors to Board of Elections no later than May 1st of each year . ZONING OFFICER 9 building permits for ' the month of . April . 3 one family dwellings; 2 mobile homes ; 2 garages ; . 1 addition and 1 variance . ZBOA has 1 hearing - . Four Seasons for a greenhouse which was granted . . HIGHWAY Hwy Supt Humphrey - list of roads that he intends to resurface . CORRESPONDENCE • Meeting rescheduled May 31st , 6 : 30 PM - Ithaca Court House NYS Fire & Building Code . Letter from Dryden High School - lights , sidewalks and speed reduction . Supv Cotterill - has been approached concerning areas in the Cortland Road Sewer Dist - if the sewer district would ever- be extended ? Atty Perkins - the Town Board is authorized to proceed an increase in - the facilities by putting in the extension of collector sewers in areas that have not been planned for . You have to have a map , plan and report drawn up by a licensed engineer together with a cost estimate . Once it has been filed the Town Board can schedule a public hearing and directs public notice together with the notice posted by the Town Clerk . At the public hearing you make a resolution determining that it is in the best interest indicating the properties to be served and pass a bond resolution at that hearing . You do not have to have the permission from the State Comptroller or a resolution subject to a permissive referendum . RESOLUTION # 94 INCREASE CORTLAND ROAD SEWER DISTRICT Clm Schlecht offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize Town : Attorney Perkins to work with Hunt Engineers to prepare the required documents pursuant- to Section 202b of Town Law regarding an increase to Cortland Road Sewer Dist . 2nd Clm Webb Roll call vote - Clm Webb Yes Clm Metzger Yes Clm Schlecht Yes Suvp': Cotterill Abstained Clm Evans Absent RESOLUTION # 95 TRANSFER FUNDS FROM GENERAL FUND A CONTINGENCY TO THE CAPITOL FUND PROJECT Clm Metzger offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize the Supv to transfer $ 2 , 000 . 00 from General Fund A . Contingency to the Captiol Fund Project . 2nd Clm Webb Roll call vote - all voting YES RESOLUTION # 96 AUDIT GENERAL FUND BILLS Clm Schlecht offered the following resolution and asked for its adoption : RESOLVED , that the general fund bills be paid as audited . 2nd Clm'` " Metzger . Roll call vote - all voting YES RESOLUTION # 97 AUDIT HIGHWAY FUND BILLS Clm Metzger offered the following resolution and asked for its adoption : RESOLVED , that the highway bills be paid as. audited . 2nd Clm Webb roll call vote - all voting YES • -. RESOLUTION # 98 AUDIT SPECIAL DISTRICT . Clm Schlecht offered the following resolution and asked for its adoption RESOLVED , that the special district bills be paid as audited . 2nd Clm Webb Roll call vote = all voting' YES RESOLUTION # 99 CAPITOL - FUND . PROJECT Clm Schlecht offered the following resolution - and asked for its adoption : RESOLVED , that the capitol fund project bills be paid as audited . 2nd Clm Webb Roll call vote - all voting YES Justice reports Judge Sweetland - $ 5 , 271 . 00 Judge Newhart - $1 , 954 . 00 Financial reports given to board members . • RESOLUTION #100 GRANT SPECIAL PERMIT Gerald . Lyon Clm Schelcht offered the following resolution and asked for its adoption : RESOLVED , that this Town Board grant a special permit to Gerald Lyon with the following : 1 - subject to Health Dept approval and 2 - that this is not transferable by sale or lease . 2nd Clm Webb roll call vote - all voting YES There was some discussion regarding the . uniform fire prevention and . building code and the board decided to table decision until May 29th meeting . RESOLUTION # 101 CONDEMNATION PROCEEDING Clm Metzger offered the following resolution and asked its . adoption : RESOLVED , that this Town Board authorize Town Attorney Perkins to initiate condemnation proceedings against Arnold Tunison , parcel # 9- 2- 1 located in the Village of Dryden , for the Cortland Road Sewer District . 2nd Clm Webb . • Roll call vote • - all voting YES Adjourned : 10 : 45PM )S,Lfigler---freLt_d&P. - Susanne Lloyd • . Town Clerk • 1 Ado • SPECIAL MEETING May 29 , • 1984 • Minutes of the special meeting May 29th Supv Cotterill called the meeting to order at •7 : OOPM Present : Supv Cotterill , C1in Evans , Clm Metzger , Clm Webb , Clm Schlecht , Atty Perkins and Z . O . Stewart Supv Cotterill read the notice that was published in the newspaper concerning Local Law # 2 - 1981 providing for the repair or removal of unsafe buildings and collapsed structures . Atty Perkins - The building should be repaired or removed in accordance to our Local Law. If repairs are to be made they should be consistent with the NYS Uniform Fire Prevention and Building Code . Ayp ®pr3ite notice was served according to our Local Law # 2 - 1981 . Rev John Leonardo , RD ' #1 Mannsville , NY . Notice was published in the Ithaca Journal and notice was filed in the Tompkins County Clerk ' s Office . Rev Leonardo was not present nor has Z . O . Stewart received any phone call or letter . Atty Perkins - reported that the letter was sent registered mail at the address according to the tax roll , the same address that the tax bills are sent and these have been paid . Rev Leonardo has 30 days to commence the removal or repair . If it is not completed in 60 days the Town has the authority to remove it and apply the expense to the tax parcel . Closed heating 7 : 10PM There was discussion regarding the NYS Uniform Fire Prevention and Building Code . Mr Gary Wood - it would appear for the Town of Dryden to have someone work with Z . O . Stewart to review the plans as they are made and inspect the structures as they go up . When they are finished he would issue Z . O . Stewart a letter that the building was done according to the requirements and as far as the building code requirements he would then be able to issue a certificate of occupancy . He has a list of building inspection requirements for applicants that is similar to the state list . Supv Cotterill read a letter from Fred Gentz regarding the fire inspection code and he would like to submit his name as a cardiida:te for fire inspector . Supv Cotterill also read a letter from Atlantic Inland stating that they have expanded their services to include fire inspections and they have a very workable service to offer the town . RESOLUTION # 102 LOCAL LAW # 1 - 1984 REPEALING TOWN OF DRYDEN LOCAL LAW NO . 1 OF THE YEAR 1983 Clm Metzger offered the following resolution and asked for its adoption : RESOLVED , SECTION 1 : Local Law No . 1 of the year 1983 filed in the New York Department of State . of June 17 , 1983 is hereby repealed . SECTION 2:: This local law shall take effect upon its being filed in the Office of the Secretary of State and in the Office of the State Comptroller . 2nd Clm Evans Roll call vote - all voting Yes RESOLUTION # 103 APPOINT BUILDING INSPECTOR - Gary Wood Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board hereby appoints Gary Wood as building inspector for the Town of Dryden for purposes of the New York State Uniform Fire Prevention and Building Code . 2- that his appointment is effective the same date as the • filing of Local Law #1 - 1984 with the Secretary of State . 3- that his compensation be fixed at a rate of $450 . 00 per month for purposes of building permits issuance and supervision and that he be paid the last payday of each month . 4 - that this appointment is effective for the period ending December 31 , 1984 . 5- that he furnish satisfactory proof of professional liability insurance in •an amount of $ 500 , 000 . 00 and name the Town as an insured part if necessary . 2nd Clm Metzger Roll call vote - all voting YES • 1),S11 Residents from Snyder Hill Rd requesting help from the Town Attorney to form a water district on Snyder Hill Rd . • Atty Perkins - has prepared a petition , with:: instructions for signatures for that portion in the Town of Dryden , which is located 1000 feet east of the Town of Ithaca line along Snyder Hill Rd . There are 16 potential parcels in that area which would be served by the proposal that was made by Lozier Engineers several years ago with no apparent extra work being required . Atty Perkins has prepared several copies of the summary reports of Lozier Engineers done._ in 1980 concerning the 5 different proposals . There was some discussion as to extending it another several hundred feet and passing the 2 petitions at the same time . One for the 1000 foot district and another petition for the 1900 foot district, so that if people felt that the 1900 foot district was to expensive they might go - along with the 1000 foot • district . . - - . Supervisor Cotterill presentea a letter report from omit Engi_ neerS 5 • P . C . Together with - a map Of the prc4osec increase or improvement of facilities of the Cortland road Sewer District . After discussion and on motion of Councilman Evans and second of Counlcilman Mtbbr it was ORDERED : . . . . . _ 1 . That a public hearing be held at a regular Town Board meeting . Tune. 12 , (L984 at 7 : 30 ' clock p . m . , prevailing time at the Town Hall , 65 East. Main Street , Dryden , - New York . . 2 . mat . the Town Clerk publish the appropriate legal- notice M. iit Ithaca 3vu. rnal and past the • Same • can • `the town Sign Board as provided by law . 3 . hint the Notice of the Public Hearing shall describe in general term .' The proposed improvewie►srj aril "Me_ estimated expense thereof and state the time when and the place where the Board will meet to hear all persons interested in the subject matter thereof . • Roll call vote - Supervisor Cotterill - Abstained Councilman Webb - Yes Councilman Evans - Yes Councilman Metzger - Yes • Councilman Schlecht - Yes • RESOLUTION #104 APPROVE JOINT PROCEEDING WITH VILLAGE . - OF DRYDEN AND VILLAGE OF FREEVILLE REGARDING SEWER DISTRICT Clm Metzger offered the following resoliution and asked - for its adoption : RESOLVED , that this Town Board approve the joint proceeding with the Village of Dryden and Village of Freeville to take the necessary steps under the eminent domain law with regard to property owned by Mr & Mrs . Harris Dayton . 2nd Clm Schlecht Roll call vote - all voting YES Adjourned : 8 : 50 - - iv Of . Susanne Lloyd i Town Clerk