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HomeMy WebLinkAbout1987-02-10 dl TOWN BOARD MEETING FEBRUARY 10 , 1987 S S upv Crutteri. 1. l called the meeting to order at " e i; t=rr Members and guests participated in the Pledge of Allegiance Roll call was by the Town Clerks Present : Supv Cotteri. l. 1. g Clm W ebb , Clm Garlock , Clm Schl } cht , Atty Perkins and 1 . C) . Slater Absent : Clm Evans S upv C ot. ter• i l l appointed Clm Garlock to audit the geneyral fund and special district gills . APPROVAL OF THE MINUTES Motion was made by Clm Garlock aar, ri seconded by Clm Sch1. ect-; t that the minutes of the special meeting held Jan . Gth and Board meeting h eld Jan 13th he approved as submitted . COUNTY BRIEFING Co Rep Watr . s - extended an invitation to the . per house ae f' or the n ew Tompkins County my jaai 1 on Feb 28th . Reported on At 13 issue= - the planning committee of the board is going to take some action to ✓ econsider the possibility i� f establishing a corridor to Cortland . CITIZEN PRIVILEGE. OF THE FLOOR G len I-iowser -- wanted to know the status of the uenur, g property . Z . u . Slater , - reported that he has met with Mr . t: enung to discuss the various violations that are pending . Mr . L'enaing has tentatively agreed to work with him to clean up the violations . Mr . Genung has agreed to c ome in within 10 days to get a permit for his fence , since it is over 6 feet in height . In the permit there will be ✓ ecommendations for uniforming the fence and to paint it . G len { ..I,:iw (:? r• -- wanted it made clear that the fence was not going to be painted from his property . Mr Hfwser gave the Board members pictures to look at of the fence . 2 . C) Slater tagut. gh•t . It would be in the best interest of Mr Howser . and the neighborhood to allow Mr Genung . to paint the fence . As w eather permits he will clean up 't he violat• .ions along the property line and •:::, n his premises . He w i l l remove them at my suggestion , guidance and direction . He will complete the structure that he is currently building as far as the barn to put. that in as finished condition so that It will blend nd in with the country setting . He w ill no longer store any rubbish or trash anywhere on his property which is in public sight . Glen f-trrwser _._ wanted to know if tt'le previous violations are going to be pursued in court , regarding the trash that is on the property line ? air Z . Ca . Slater --• that will be removed per his direction and he has started . In turn for that he has basically agreed to wc' rk with Mr 0 Ger-tt_tng and to have the charges that are pending against him d ismissed . There was considerable discussion and the Tnwn Board felt that this would be the quickest way to solve the problem , and felt that Z . C) . Slater was taking the correct way . G len Hawser -- wanted to know the timetable that would be setup frir' the cleanup ? Z . O . Slater - would send him a copy when he had it ready . COUNCILMAN PRIVILEGE OF THE FLOOR C1rii Garlock. - reported that they would have draft copy ready regarding the mobile homes for next months Board meeting . ATTORNEY ORNEY RESOLUTION 1161 -- 1987 MONKE= Y RUN WPTE. R D i S "I" R I CT • ( insert copy ) RESOLUTION ## 82 -- 1987 MONKEY RUN SEWER DISTRICT ( insert copy ) At t y Perkins -- had proposed amendments which were requested by the • Town Board to the Town Zoning Ordinance to rtial{. e it easier to increase or decrease the fees that are charged f6r an application o r for a permit and other changes that he felt were necessary along w ith some language changes . Atty Perkins gave the Board member's copi ? _ _, of the proposed resolution and the Board members felt that they would like to act on it at next months meeting . • P tty Perkins - has the preliminary drawings from Hunt Engineers ✓ egarding the Snyder Hill Water I) is. t . The engineers would like the B oard members to look over the drawings and if there are any comments to let them know as soon as possible . Supv Cotter' i l l appointed Gird Sch .lecht and Clm Garlock to look over the drawings . ZONING OFF 1: 1 : ER Z . O . Slater that there were 5 building permits issued for the month o f .January . 2 one family dwellings ; 1 to convert a ground floor barn to a one family dwelling ; 1 mini - deli within an existing structure ; and 1 pole barn . ZBOfl held 4 hearings 1 - Hicks applied again to construct a mini - storage warehouse and sell. furniture . This was granted with certain stipulations . Trudeau request to convert an existing barn to 8 single family apartments . This was granted . 3 - HEr' request for a free standing sign and this was granted . 4 -- Pyle Jr requested a variance for road frontage for a building lot of 2 acres , this was granted . • r TOWN OF DRYDEN • DRYDEN, NEW YORK ` • 65 EAST MAIN STREET, DRYDEN , NEW YORK 13053 In the Heart of the Finger Lakes Region • Y Date : February 10 , 1987 To : Dryden Town Board From : Henry M . Slater Zoning & Building Code Enforcement Office Sub . : January Activity Zoning Office , Building Permits : There were a total of ( 5 ) permits issued . ( 2 ) , Single family dwellings . ( 1 ) , Convert a ground floor barn to a one family dwelling . ( 1 ) , Construct a Mini - Deli within a existing structure . ( 1 ) , Construct a pole barn structure . Z . B . A . Hearings : • There were ( 4 ) Z . B . A . hearings . Bernard & Karol Hicks requested a variance to section 801 & 802 of the R . C . Zone ; to sell furniture in an existing structure at the corner of Livermore Crossing Road and Rt . 13 , and to construct ( 3 ) mini - storage warehouses at the same site . These were _ , altowddiusesicss. ues . The request was granted with ( 7 ) stipulations , which all deal with traffic safety and the necessity of the entire site to blend in with the surrounding residential community . Copies of these stipulations are available from me . Richard & Mimi Trudeau requested a variance to section ( 804 ) of the R . C . Zone to allow convertion of a existing barn at 365 Etna Road which doesn ' t comply w ith the 70 ' set back requirement from the center of the road . The structure w ill be converted into ( 8 ) single family apartments . The structure is only 34 ' ' to front enterance and 54 ' to main structure . Request was granted as ✓ equested . . Hep Materials. requested a variance to section ( 1504 ) , table ( 1 ) item ( A ) for a free staning sign in excess of the allowed ( 40 ) square feet at their place . o f business at 1321 Dryden Road . The proposed sign had been professionaly designed around the site to overcome the distance from Rt . 13 . The request was granted as requested . • James Pyle Jr . requested a variance to section ( 803 ) Density and area ✓ equirement ; poin # 4 in the R . C . Zone . on Midline Road . Mr . Pyle only has • 25 ' of road frontage , but has a building lot of about ( 2 ) acres . The request was granted as requested . Site Plan Reviews : There was ( 1 ) site plan review for , " Jim ' s Place" , a Mini - Deli to be _7 ?. • Zoning Report Cont . : constructed and housed in the existing Hep Materials site - at 1321 Dryden road . A public hearing was held 12 : 00 noon , January 30 , 1987 at the Town Hall in Dryden . The only concern at that time was presented by NYSEG , which was questioning the right of anyone other than NYSEG personnel to use the old Rt . 13 road bed that passes the the Hep Building . NYSEG was under the impression that when the D . O . T . abandoned the road bed , that the road had been left intact for a NYSEG driveway . My research with D . O . T . was that it still belongs to the state , and yes it was left as a driveway ; but it is to shared by all property owners who abut said path . D . O . T . . also stated that maintenance of the old bed is the responsability of those who share a common usage of it . The Review was approved as - submitted . Building Code Enforcement News I ' ve enrolled in a N . Y . S . sponsored , STATE ENERGY CONSERVATION CODE school to be held in Binghamton , Friday February 13 , 1987 . I ' ve also enrolled in the first required class for building code enforcement officials . Course # 1 is being held in Cortland Feb . 25 , 26 , Mar . 4 , 5 , 11 & 12 all from 6 P . M . till 10P . M . Executive Session • Zoning Enforcement went to court for the first time in January . Unfortunatly we lost . The issue at hand never even came to issue since the court had to dismiss the case on a request of Denial . of Right of Due Process of Law . As far as the rest of the 10 pending cases / it is my finding that we are in thissituation in all but one case . We must be prepared in the future to deal with defendents being represented by legal council . The one possible exception is also questionable at this time as well . Propasal From Zoning Office The zoning office is proposing to assist the town residents in compling with the Dryden Town Zoning Ordinance of Abandon and /or Inopertable Vehicles not being stored at individual residents . See copies of work completed at this time . Please be able to comment and discuss . Zoning Office Hours . Since the current posted office hours do not corespond with the hours . that this office is openjwe need to approve the additional hours prior to my posting such changes to the public . As you may or may not recall the old hours are posted as follows : Tues . s Thur . 9 : 00 A . M . till 1 : 00 P . M . and Sat . 9 : 00A . M . till 12 : 00 Noon . Based on my ( 6 ) weeks experience and a review of 1986 activity) I find that • the following should be sufficent ; Mon . thur Fri . 8 : 00 A . M . till 1 : 00 P . M . and ( 1 ) Sat . per month 9 : 00 A . M . till noon . The Sat . selected should be one in the middle of the month such that any necessary public hearing requests could be posted so that such request could be heard by the necessary boards as they regularly meet . Please also keep in mind that I am able to set up 7nn • e :/ • Executive Session Cont . meetings and appointments as necessary for anyone from 7 : 30 A . M . till 9 : 00 P . M . Monday thur ° Saturday . As you can see the office is open on the average 26 hours per week as compared to 11 hours per week in the past with a much more flexible appointment schedule than before as well . Please feel to discuss and question this approach . CC : Mahlon R . Perkins , Town Attorney Susanne Lloyd , Town Clerk RESOLUTION NO . 61 - 1987 Councilman Garlock . offered the following 411 resolution and asked for its adoption : WHEREAS , this Town Board has previously adopted a Resolution on January 6 , 1987 approving the establishment of Monkey Run Water District ( 2 ) , and WHEREAS , said Resolution was adopted subject to a permissive referendum in the manner provided in the Town L aw , and WHEREAS , no Petition was filed requesting a referendum on the question of the formation of the Monkey Run Water D istrict ( 2 ) as evidenced by the Town Clerk ' s Certificate to that affect , and WHEREAS , an Application has been prepared to the D epartment of Audit and Control in Albany , New York for permission of the State Comptroller to establish the Monkey Run Water District ( 2 ) , and WHEREAS , this Board being fully advised as to the proceedings and contents of said application , NOW , THEREFORE , be it resolved by this Town Board as follows : • ., 1 . The Town Supervisor is hereby authorized to verify and sign the Application ( in duplicate ) to the State Comptroller at the Department of Audit and Control in Albany , New York for permission to establish Monkey Run Water District ( 2 ) . 2 . The Town Clerk shall transmit a certified copy of t his Resolution ( in duplicate ) to the Department of Audit and Control together with the Application ( in duplicate ) and any other required supporting documentation as may be requested by the Department of Audit and Control and in furtherance of this Application . SECONDED by Councilman Schlecht Roll call vote - all voting Yes 1110 t •RESOLUTION NO . - 62 - 1987 . Councilman Garlock _ offered the following resolution and asked for its adoption : WHEREAS , this Town Board has previously adopted a Resolution on January 6 , 1987 approving the establishment of Monkey Run Sewer District ( 4 ) , and WHEREAS , said Resolution was adopted subject to a permissive referendum in the manner provided in the Town Law , and WHEREAS , no Petition was filed requesting a referendum on the question of the formation of the Monkey Run Sewer District ( 4 ) as evidenced by the Town Clerk ' s Certificate to that affect , and WHEREAS , an Application has been prepared to the Department of Audit and Control in Albany , New York for permission of the State Comptroller to establish the Monkey Run Sewer District ( 4 ) , and WHEREAS , this Board being fully advised as to the proceedings and contents of said application , NOW , THEREFORE , be it resolved by this Town Board as follows : • 1 . The Town Supervisor is hereby authorized to verify and sign the Application ( in duplicate ) to the State Comptroller at the Department of Audit and Control in Albany , New York for permission to establish Monkey Run Sewer District ( 4 ) . 2 . The Town Clerk shall transmit a certified copy of this Resolution ( in duplicate ) to the Department of Audit and Control together with the Application ( in duplicate ) and any other required supporting documentation as may be requested by the Department of Audit and Control and in furtherance of this Application . SECONDED by Councilman ___ Schlecht Roll call vote - all voting Yes • Re Z . o . Slater gave the Board members a copy of his report . There was a1t., o a request for a charge in the Zoning Office hours . (`1tty Perkins wanted to know if Z . CJ . Slater was going to mention anything about the H1=P structure condition , and he felt that the B oard should be kept aware of this situation . fatty Perkins _. he advised the Board last month that HEP had constructed and occupied a building without a certificate of o ccupancy and that there were certain problems that they would have getting it . Gary Wood and the testing firm from Binghamton did a ✓ andom sampling of the torquing of the different bolts within the steel frame building and they were not even half as tight as they should be and there were s '-' rlie that were not even bolted . 7 . 0 . Slater -- was there when they did the testing and he took a second look when he was there at another time . Apparently what we h ave there are 2 sections of beams , which either" during transportation or assembling were dropped and hit something solid because one of the face plates that belt together has deflected so that yii '.A do not have a nice even meet , so when the bottom bolts w ere drawn up they were not able to draw the spring out of it and made it look like a woor' se5 situation than what it really was When the structure was assembled the nuts were not torqued to the belts , they were .jt.tst, hand tightened and they varied all . over the place . H e believes as of Last Fri the manager of I I •.... P ' s was trying to get Triangle Steel directors to go through the building and properly I tighten Gall. s_ Geel. bolts t �:� acceptable tolerance =:, �_� as t �_� make the i structure safe . Fl• tty Perkins -•- Gary Wood did say that he considered the building u nsafe and that it should be corrected . Z . O . Slater -- it will be corrected . He dial give Jim ' s Place a. temporary certificate of occupancy and is conditional on the fact that when the structural steel bearers have been cor' r' ected then he w ould issue a permanent certificate? . Everything else in that f acility meets code . At ty Perkins -- fel. t that the it is important that given the r - port w e have from our retained engineer that the Town should staff i in top o f it to get it resolved . [nary Wood feels that those plates should come together . . Supv f - 1- teri. l l - the Zoning Officer should follow up on this to • make sure everything is done to code and keep the Hoard informed . Z . O . Slater -- Gary Wood is handling that aspect of it himself . ; upv Cot, tenet - Henry has discussed with hied as to what he would like to do with regar' ci to office hours and felt that sitting in the • office every Sat morning was not good use of his time . He would 0 like to have the Board allow him to advertise that he would be in the office the 2nd Sat of every month from 9AM to 12 noon ; Office hours from ''3 (-1M to IPM Mon thru Fri and will be available by appointment if necessary . 1 a , All of the Board members were in favor . Since Clm Evans was absent M Clrn Garlock spoke on his behalf . He felt very strongly that the Zoning Officer should be in the office on Saturdays . The Zoning Office hours would now be changed to 8 :00A . M . to 1 : 0=00P . M . Monday thru Friday . The 2nd Saturday of every month ':00A . M . to 12 noon and appointments when necessary . Z . O . Slater reported to the Board that he has coordinated di. nated with Herb B recht to tow cars to a location and a metal processor to pick the cars up twice a year with regard to inoperable vehicles in the Town Atty Perkins suggested to him that the (Board might want to consider h aving a trash pick up day like the Village of Dryden does so that w e can help people to come into compliance . CORRESPONDENCE Letter from Tompkins County Hospital with regard to the expiration time of the Town of Dryden representative . Bard Perkins is our ✓ epresentative at the present time and Supv Cot t er i. 1 1. w i l l check w ith him to see if he will consider another terra . Ambulance report D og report FINANCIAL REPORT ..- given t o Board members • .7UST T CE REPORT - $ 3434 . 00 RESI)! _ U: _l;1IN th6., 3 ._T RfNSFEH FUNDS _FROM_A1620 . 2_ TO A1620 . 461 C .lm Sc hl. echt offered the following resolution and asked for its adoption : RESOLVED , that this T ': wrl Board authorize the Supv to transfer $ 477 ; 00 from A1620 . 2 ( copier equipment ) to A1620 . 461 ( c.op i er 2nd C' lm Garlock Roll call vote -- all voting Yes RESi) i__ UTION i# 64 1-1301113FEI FUNDS FROM A14SO . 4 TC1 91 _/-J39. a 11 Clm Garlock offered the following resolution and asked for its adept i 'c' na RESOLVED , that this Town Board authorize the Supv to transfer $ 750 . 00 from A1430 . 4 ( per sonne .l contractual ) to A1430 . 11 ( personnel assistant ) . 2rlci C1. rn Sch1echt Roll 1 ca11. vote -- all voting Yes FIE: cni_ 1,11- ION- # .65.5_ INCRE iSL _ BUDC I^ T__ i-iCC_OUNT. _0_ 13..3.(2 ._CJR �_.II3D ) ._FROM _.1: 1I . • l- fj__ _ RESERVE C1. m Webb offered the following resolution and asked for its • adoption : iol 1 . RESO !_. VE:: I? , that this Town Board authorize the Supv to increase the budget of the tax collector reserve account ( A13 0 . or" . i:; 00 ) by $ 1 , 420 . 21 for the purchase of the tax software package from the capital reserve account . 2nd C lm Garlock Roll call vote -- all voting ing Yes RESOLUTION ON # 66 AUDIT GENERAL FUND BILLS III Cim Webb offered the following resolution yµ and asked for its adoption : RESOLVED , that the general fund bills be paid as audited . 2nd 0l r:i Garlock Roll call vote e - all voting Yes RE- SIJLL.IT I QN 11G7 ALID I T H I GF1WPY r= L_iND BILLS C; .lm « chler.' ht offered the ft.. .- � wiriy resolution and asked for its adoption : RESOLVED , that the highway fund bills be paid as audited . 2nd . Clm Garlock Roll call vote - all voting Yes riE: SOL. UT I ONI i* 68 flppo I. Ni r, I inl-IWPY SLJPE: R I NTE NDENT C. lm `? chlecht offered the fo= llowing resolution and asked for its adoption : RESOLVED , that this Town Board appoint Donald Gilbert ac Highway Superintendent whose term will expire December 31 , 1987 . 2nd C1ni Garlock Roll call vote - all voting ing Yes Adjourned : r.J c 15PM 411 C7f7e1.742..._ Susanne Lloyd Town Clerk S