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HomeMy WebLinkAbout1987-03-10 • 33 • TOWN BOARD MEETING • MARCH 10 , 1987 • PUBLIC HEARING Harold Si. riions Jr - 5 Morris Rd Cufiv Cot teri. 1. l read the notice that was ubl. ivhe= ci in the newspaper to consider the application of Harold Simons s jr to build a pole barn structure at 55 Morris Rd , to be used as a retai. 1. C=' e? rr'imi. f.:` shop w hich is an allowed use in thie RC Zone . Q UESTIONS AND4WC. cOONIFNTq Mr S i m6 ri .s -- it w . 1. 1. be used for his w i. 1- e 9 s ceramic shop cl n d a private garage . Z . O . Slater - , he has been to th e site and the only question ion th at he h ad at the time was relative i `•1er to the road and he did not feel that it would pose any traffic hazard . Clm Sch . ... ht - wanted to know if it would be possible to put they building on the lot another way ? Mr Simons -'- he probably carp , but he situated it that way for the crnverierC e of the e e:' I.l £str, rsiErc and for parking . Clm Garlock _... wanted to know if there was going to be a septic system ? Mr Simons --' rzc: t: ft .. - is no rleeci for one . Clm Sci-l .lec ht concern i. s that the building could be situated to meet thie zoning r' equi. rement: s . The long range concern is that the mobile h ome could be removed and the new building could be converted iiito a house as it is situated now and 1"Ji_ul £i not meet the zoning ✓ equirements . Also , several years later there might be a request to • sell a portion of the property with this one building . Closed public hearing 7130PM c: !-lpv Uc:' t t: eri 1. 1. called the meeting to order at 7 : 4e:0EPM Members and guests participated in thie Pledge of Allegiance Roll call was by the Town Clerk : Present : ;::; upv Cotteri. l 1 , Cim E vans , t.: 1. Iii Webb , s... . Garlock , Clm Schle? cht , fatty Perkins and Z . O . r% Slater . APPROVAL ROVAE.. OF THE MINUTES Motion was made by Clm Garlock and seconded by Clm Webb that the • minutes of the Feb 10th Board meeting and Feb 19th especial meeting be approved as submitted . 31 COUNTY BRIEFING • Co Rep Ti. 1lapaUgh reported that there will be an informational meeting regarding solid waste at Groton Flight School can Marche 12th at 7 ° 30PM . There will be county staff , consulting engineers , as well as County Representatives at the meeting for the public to ask q uestions . They are close to picking possible landfill sites . On March 17th the county will receive a report and on Th '_irs March 19th there will be a special public meeting to discuss the recommended sites . There will be a - public meeting on March 25th at Boyton High S chool to discuss with the public the county recommendation . Every town, in Tompkins County has a site to be considered and he felt that it was important t hear this public i r-, forr,i a t i on . fatty Perkins -° wanted to make sure that Co Rep Watros and Co Rep -E i 1. la. paugh are aware that the Town of Dryden is can record as o pposing any location of the site in the Town of Dryden . Co Rep Ti l l. apaugh -- they are aware and they have passed that information on to the County . There was considerable discussion . CITIZEN PRIVILEGE OF THE FLOOR Robi. r, Remick wanted the Toowr, Board aware that the E; ACA is still servicing the Town of Dryden, under the County contract and gave the • Board a copy of their report although they don ' t do dogs they do o ther her s ery i c [:^ c' and wanted to know if there were any questions . • COUNCILMAN PRIVILEGE GE OF= THE FLOOR Clm Webb -- reported that he has meet with Z . O . Slater to discuss some changes in the sign, ordinance . Henry said that he does have a ✓ ough, draft typed and will give the members a copy . Clnr Schlecht .-- reported that he has been working with the Village w ater board and he has been asked to have f-ltty Perkins draw up an agreement for municipal water . Clm Sc: hl. echt -- also reported parted on the status of the Spring House Rd streetlight and its location . There was considerable discussion arld the Town F , .:. ard had approved the location at the intersection , but now the state will only approve it if it is ' setback 200 feet from the state highway . E; ,-tpv C: otteri. l. l. appointed Ci. r,i C r- I-ri. er_• ht and C1. m Webb to check on the• location for the proposed streetlight on Spring House Rd . Co Rep T i l 1. apaaigh reported that there will be a public hearing can March 13th at 7 : 30PM at the Dryden, High School regarding the P inckney Rd bridge . III 1 ar . ATTORNEY • Atty Perkins "•- reported that the M onkey Run Sewer Dist application h as been received by the State Comptroller . They have preliminarily ✓ eviewed it . He has assurances fr' i..., nl their head counssel that they w ill expedite the appri: v _. l with this sewer district . Reported that the Monkey Run Water Dist resolution had to be ✓ eadopted becal_ se of a printers error in the legal section of the Ithaca Journal . This only involves readopting the last step . The S tate_ Comptroller ler is aware thliat. these are companion districts and n eed to be addressed at the Same time , and there ere are specific t i. Clie f rames involved . Att: y Perkins has one matter for executive session io . involving litigation . Ai: 'i: y Perkins -- involving the proposed sidewalk project to be constructed in the Town of Dryden , within they NYS r - - w north of the Village of Dryden 1 i. r , ex south of Rt 38 pavement from Lee Rd to the existing paved area maintained by the high school . The Town B oard went: on record in 1985 in the form of sit resolution authorizing participation of the Town on a very limited basis . That basis included the matching contribution to the Village for the Ci:onstri_( C: tior, of the sidewalks not to exceed $ 5 , 000 . 00 . On the further condition that the Town not be required to maintain them n or assume e l iabi l . '; y for them and otherwise ni:it to be involved . • Some how everything has been ignored regarding the Town ' s position including the plans of the engineer which provide that these will be Town sidewalks . As a matter of law i. .(•: they are going to be built there they will be Town sidewalks . There remains the question of participation of the Town , whether the Town function is served , who is going to be responsible siblc for maintaining and to be .liable if there are any injuries to persons by the I-ts= e i i1_ the sidewalks . The o pinion thi:-- -•• we have reC: e_ ived from the State Comptroller ler states that these must be Town sidewalks . The Village can contribute toward them as the Town can and that the Town and the Village may e nter into an agreement pt_tr"' ssuant• to the General. C*11_1rIicipcal. Law w hereby the Village will assume the maintenance and be liable . U nder the terms of the grGant that was given for the construction i. on o f. these the Town r.-t Ct ust take i ire some of the responsibilities . There are . some questions that need to be answered . Are you willing to proceed o n the assumption that participation of the Town is going to be significantly more than just paying $ 5 , 000 . 00 which includes bookkeeping , putting it out to bid , keeping the records , etc :' . Is the Town willing to assume the liability of maintenance of the sidewalks . or will you insist the Village to accept the liability and maintenance . Until those sae Cl t_tf•:fi • t 1. ons are answered this real 1. _y is at a stop , since this., 1s just opposite of the Boards position from s_ _ -t i specifications i f i r= at i. i� r1 and can C last year . r-� t. t: tf Perkins has the plan and F _ 3 � u o ut to bid shortly after some of these questions have been answered . Since t here already 1. s� a resolution on the books there • w t l l have to be some decision . There was some discussion . The•? only w ay that 7I_i !t can Yl E:ir' oC:' E'' eCi unless you c! r' e? willing to own the sidewalks , to maintain them and assume the liability is to extract: f rom the Village an agreement according • 3 ( to your resolution . A <_7 fear as maintenance the Village has verbally • agreed to maintain the sidewalks and as far as liability goes he thought that the Village has a comprehensive general liability policy which would include under their liability coverage contractual liability so that if they contract to do it , it will n ot be additional until they go through an audit . Also because the w ay the bidding schedule is setup , what if the Village is inclined to accept the bid that is only within the Village and the Town w ants to build the part that is in the Town . S upv CotterIll - in the agreement It shc:ou_t1ci stipulate that the part that is within the Town has to be built first , and if this is the o nly part that is going to be built there should also be matching funds from the Village . Att: y Perkins -'- do you want a Town sidewalk and what is going to be you participation ? There was some me d i sci_tssi i on C1rli Sch1ec' ht felt that the Board should only spend $ 5 , 000 . 00 and n ot accept any maintenance or liability . C lm Evans had no objection with taking over the lead agency part and felt that is all this Town should be obligated to do . flt1; ' Perkins - there is an additional onal expense of annually obtaining a br.orlci from NYSDC) I" in order to maintain the sidewalks within the • state r -- o - w RE;45 0L1T1: ON #a .70 Gl: DEWALK; S 2l_. ONG RI 3 i=11r11 Evans offered the following resolution and asked for its adc:' pt ic' rl RESOLVED that this Town Board build the sidewalks based upon the 1985 resolution with the understanding that the Village will contractually agree to maintain the sidewalks and to accept coverall liability for the sidewalks . The portion that is located in the Town to be built with State funds for which it was appropriated .ated . The Town will accept being the Lead Agency . Also that the Village of Dryden will assume the responsibility and expense of o btaining the bond from NYSDCIT in order . to maintain the sidewalks . 2nd Clnl Garlock Roll call vote -- C1 n1 Evans Yes C1m Schlecht Yes C 1 r11 Garlock Yes Supv Cot teri 1 1 Yes C: 1 rt1 Webb No Att: y Perkins '-- the Co= unty has taker) the paths of self insurance they are now passing that responsibility on to the Town whereby the Town h as agreed by contract to cinder and plow certain county roads . The proposed contract requires the Town to plow 12 . 18 miles of county ✓ oad , and to p1 ':_' w and cinder 11 . 47 miles making a total 23 . 65 miles . The payment schedule is approved by the Hwy Supt . The real • question is the obligation of the Town to defend the County against any and all causes of action brought against the County with d amages or injuries to persons or property arising out of this contract . 37 According to our insurance agent there should be no increase in our • .liability insurance premium . There was considerable discussion and Supv C ,_itterI1. 1 appointed Clm Webb to work with Hwy Supt to check on this contract . RESOL._ LJTJON *ti APPROVAL TO DID FOR 1987 TANDEN AXLE TRUCE: AND Aqp _ FpR pLCJW EQUIPMENT AND BOX FOR 'TANIDEM AXL._ L 'TRLlCI°; Cl m Schll. echrt offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize Hwy Supt Gilbert to bid f or one ( 1 ) 1987 tandem axle truck and to bid for plow eq u i. pment and box for 't: aridE' rtl axle truck , total not to exceed $ 90 , 000 . 00 . 2nd C'.lm Garlock Roll call vote all voting Yes . ZONING OFFICER 5 building permits issued for the month of February . 1 one family dwelling ; 1 _storage building ; 2 renovat ions ,_, f existing structures and 1 permit to construct a line fence . Copy of report was given to i B oard members . Reported that they area in the process of redesigning the Town sign ordinance . Reported the Planning Board has been working extra nights for • possible changes in the zoning ordinance . CORRESPONDENCE • Ambulance report D og report D eck letter RE e proposed cement plant gravel operation on West Ma1 loryvi 11. e Rd a ( copy in minute book ) N YSDOT - meeting RE : Pinckney Rd bridge on 43 - 18 at 7 e . 0PM at Dryden H igh School Sc: ' Cornell University requesting an easement: across Sapsucker Woods Rd to lay a computer cable . There was some discussion_ ss .ion and the Board glade":' the following resolution . RESOLUTION i# 72 GRANT EASE= MENT ON SAPSUCKER WOODS RD Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that this T ,_, wrt Board grant the easement to Cornell U niversity for the purpose of running a computer !' able across S apsucker Woods Rd and authorize Si_tpv Cotterill to sign after Atty P erkins has the required agr' eeme' nt available . 2nd C:` lrri Garlock Roll call. vote •-• all voting Yes There was some discussion regarding billing and rates for Sewer • Dist # 1 ( Cayuga Heights plant ) and was decided to bill the residents the same as at the present time . S I-tpv Cot t er i l l - he has received numerous phone calls and letters • regarding peoples concern because nothing is getting done about; the improvement of Rt 13 from Warren Rd to the Village of Dryden „ He w ondered if Co Rep Watros or Co Rep •l i l l. afaal-tgh had any comment with ✓ egard to the County position . Co Rep Til .lapal. gh - they did rreceive? a .letter from the ;State sometime in the last couple of months with regard to what their plans are next year , which would involve work to be done around NYSE ; CS ' area this summer . He would check on it and get back to the B oard . Co Rep Watros - he does know that the State is requiring that all u tility poles to be relocated , but is not '_:sure what they plan to do w ith the highway after they are moved . He is not sure how extensive the work to be done for the shoulders and ditches would be S I.Apv Cotteri l l wondered what had to be done to encourage some activity or what; is the County doing . Co Rep Till. apal_Igh thought it would be a good idea to contact the ✓ egional 4:? Y•ig i neer from Syracuse . '. UST 1 C. E_ REPORT - $ 5421 . 00 FINANCIAL REPORT -- given to Board members D iscussion r'' e gardi. ng spec:• i. al. permit -- Harold Simons Cim S ... . cht -- did not think a permit should be issued , because the building could be situated in a different location Aso that it would n ot require • a variance . All of the Board member' s! agreed . RESOLUTION ## 7 DENY SPECIAL PERMIT - HAROLD 'S I MONS Clm Sch . .. cht ::offered the following resolution and asked for its adoption : RESOLVED , that this Town Board deny the spee: i. al permit application o f Harold Simons for the following reason that it does not meet cUII ... 1IL requirements c:tnC1 does not show the required parking facilities or have the proper setbacks . Mr Simons should ld re ,:apply w ith a more complete application Aso that it does meet zoning ✓ equirements , proper setbacks , and adequate parking with more information . 2nd Clm Evans • Roll call vote -•- all voting Yes . wsoL uT T ON #•h '7 /1• A1_T C T rgNE Rf1l._ Fl1hli) p :C L_ LS Clm Evans coffered the following resolution ar-Ici asked f or its adoption : RESOLVED , that the Oenerai fund bills be paid as audited . 2nd Clm Webb Roll call vote? -- all voting i. ng Yes 39 RESOLUTION # 75 AUDIT HIGHWAY FIJND BILLS I Clm Garlock offered the following.lowing re „5oli_lt ion and asked for its adoption : RESOLVED , that the highway fund bills be paid as audited . 2nd Clm Schlec: ht Roll call vote -- all voting Yes RESOLUTION 1# 76 INTRODUCE LOCAL LAW # 1 - 1987 Clfil Evans offered the following resolution and asked for its adoption : RESOLVED ,- VE=: D , t hat proposed Local Law # 1 - 1987 E= l ood Damage Prevention , repealing Local Law *3 - 1984 and Local l Law #t2 - 1. 98 5 is introduced :arid -schedule a public hearing can March 24 , 1987 at 1. c : 00 noon . 2nd Garlock Roll call vote -- all voting Yes The following action was takers after executive session . RESOL UT I ON * 77 ACTION TAKEN AGAINST WILLIAM PE:: TR I LL._ OSE . Clm Sc' hlechit offered the following resolution and asked for its adoption : RESOLVED , that the Supv be authorized z. ed to settle the lawsi_lit brought against William Petrillo =_ae , Port :- line Trailer Park by entering into a stipulation as proposed by the Town Attorney providing for the hookup of 22 lots by 8 -- 1 - 87 ; 20 more .lots by 12 - 31 - 87 ; aric:l :38 lots by 7 - 1 - 88 . The stipulation to contain such conditions and provisions 3ions %_. - are in the opinion of the Town Attorney necessary and appropriate to enforce the stipulation , with the additioor-ial understanding with the condition that the defendanN, will hook up the 2 inch water meter supplied by the Village of Dryden by March , 15 , 19837 and canter into the stipulation by that time or the stipulation will be null and void and the Town will proceed with _ all due haste to insure immediate compliance . End C i m Evans Roll call vote -- all voting Yes Adjourned :: 1 ca ; (.) (_) F.' M . PA: - �/ . Susanne 1�'� yd V Town Clerk • 1 T ' iw . '