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HomeMy WebLinkAbout1987-03-24 to SPEC 1. AL MEEE °I•• 1 Nla c> Upv c"-utteri l 1 called the special meeting to order at 12 noon . Roll call was by the Town Clerk . Present : Supv Cotteri l .l , C .lrn E vans , Cl. m Garlock , Clrn Schlecht and Atty Perkins . Absent : Clm Webb PUBLIC HEARING it1 Harold Simons Jr -- 55 Morris Rd S i-tpv Cotter' i 1 l: read the notice that was published in the newspaper to consider the application of Harold Simons Jr to build a pole barn structure at 55 Morris Rd to be used as a retail ceramic shop . . QUESTIONS AND / OR COMMENTS H arold Simons Jr --' he has moved the structure to meet the setback ✓ equirements after the first hearing he had , and he does have e nough parking space available based on the ordinance . Closed public hearing 12: 15PM RESOLUTION t78 GRANT SPECIAL PERMIT - Harold Simons C' y � .. 1rn ,�c_ hler.: ht offered the resolution and asked for its adoption : RF:. SOL. VEU , that this Town Board grant a special permit to Harold S imons Jr with the following conditions : 1 --' that this permit is not transferable by sale or lease ; business hours from 8 = 00 AM to 10 : 00 PM and no Sunday hours ; c3 - that the parking area meet the ✓ equirements of retail. zoning regulations ; and 4 - that it has to be completed within one year from March 249 1987 I....• d Cl. rn Garlock Roll call vote -- all voting Yetis ATTORNEY At, ty Perkins -- needs the following resolution adopted authorizing the Supervisor and To:owr, Clerk to sign the application that is n eeded to be send: to the State Comptroller for permission to e stablish the Monkey Run Water District . • O i RESOLUTION NO . :. 79 -. 1987 . Councilman Evans . - 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 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 o n 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 , through inadvertance the Notice of Adoption of Resolution subject to a Permissive Referendum contained a printer ' s error which cast doubt upon the validity of the proceedings had by this Board and required the readoption of a Resolution on February 19 , 1987 approving the e stablishment of Monkey Run Water District ( 2 ) , and WHEREAS , no Petition was filed requesting a referendum o n 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 Department 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 - Garlock yr✓ Roll call vote - all voting Yes T �' F' LJP__= _ C FI. EEia): tIC -_## c' • PROPOSED LOCAL_ LAW Wi :l -_ 1987 • S upv - Cotteri 11 . read the notice that was published in the newspaper to consider a proposed local law for flood damage prevention as authorized by the New York State Constitution , Article IX Section 2 and Environmental Con ser'" vat 1 i:sn Law , Article 36 . The purpose of this local law is to comply with the National Flood Insurance P rogram within the -!" own o 'f Dryden exclusive of the Villages of D ryden and Fr" eevi. l. l. e . Said local law would a • r repeal Local. Law #t2 of 1985 and Local. Law # 3 f 1984. Both h ; f which local laws pertain to the Sallie subject . i). _JES ]" IONS . PNDiIJR pOrttplITq N o one was present for questions or comments .e Closed public_ hearing . Atty Perkins "- FhE.. e is a municipal home rule law that requires 7 or 10 days prior ir~ notice . The Town has adopted a local law shortening the period of time for public notice which allows us to act on shorter notice . However , there is one part of the municipal home rule taw which we have not changed and are not capable to change . It states that a proposed local law has to be on the desks of the members of the body at least 7 calendar days exclusive of S unday prior to its passage or mailed t ._ them 10 calendar days exclusive of Sunday prior to its passage . Since the Town does not h ave this , the Board . members will have to sign a waiver" of the 10 d ay notice . • t t t y Perkins passed the waiver for the Board members to sign RESOLUTION * 80 LOCAL LAW * 1 . - 1 987 "TOWN OF . RYDEN-..._FLOOD DAMAGEE_.._r'FkFVE. N r.• ION " Clm Garlock offered the following resolution and asked for its adoption : • RESOLVED ,D , that this 1" own Board adopt Local Law # 1 --' 1987 E37 ent. i. t 1. ed Flood Damage Prevention . As authorized by the New York State Constitution , Article IX , Section ie and Environmental l_s_, Y"t er''' vat ioYI 2nd C l m Evans Roll call. vote - a l l voting Yes - ® RESOLUTION FOR TOWN HIGHWAY EQUIPMENT PURCHASES — 031 RESOLUTION BY George Schlecht 410 SECONDED BY Karl Garlock WHEREAS , THE TOWN SUPERINTENDENT OF HIGHWAYS DID , ON THE . . 24th DAY OF March . . . 19 87 DULY RECOMMEND THE PURCHASE OF CERTAIN EQUIPMENT PURSUANT TO THE PROVISIONS OF SECTION 142 OF THE HIGHWAY LAW , NOW , THEREFORE , BE IT RESOLVED THAT THE TOWN SUPERINTENDENT OF HIGHWAYS IS AUTHORIZED TO PURCHASE , IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 5 - A OF THE GENERAL MUNICIPAL LAW , One ( 1 New and unused 1987 heay THE FOLLOWING' OLLOwIraG . . . . ) . y - duty . tandem . drive . three . azcle . truck FOR A MAXIMUM PRICE OF . Fifty , five , thousand . five . huudred . tweuty . seveu DOLLARS . ( „ 55 , 527 ; 00 , , , , , , ) , DELIVERED AT . 61 . . . . Maiu . Street , . Dryden N Y BY June .3Q , , 19 . 87 . . . THE TOWN SUPERINTENDENT OF HIGHWAYS IS AUTHORIZED TO SURRENDER TO THE VENDOR • THE FOLLOWING EQUIPMENT AT AN AGREED TRADE - IN VALUE OF , $ A CONTRACT FOR THE ITEM ( S ) PURCHASED SHALL BE DULY EXECUTED IN DUPLICATE BETWEEN THE TOWN SUPERINTENDENT OF HIGHWAYS AND SUCH VENDOR . WHEN THE CONTRACT HAS BEEN EXECUTED AND APPROVED , AND UPON DELIVERY OF THE ITEM ( S ) PURCHASED , THE SUPERVISOR SHALL PAY THE FOLLOWING AMOUNTS AS SPECIFIED . . . 1 $ 551527 . 00 FROM BUDGETARY APPROPRIATIONS FOR PURCHASE OF EQUIPMENT 2 . $ FROM THE PROCEEDS OF OBLIGATIONS ISSUED PURSUANT TO LOCAL FINANCE LAW . - AUTHORIZED BY SEPARATE RESOLUTION . 3 . It INSTALLMENT PURCHASE - SPECIFY TERMS $ 55 , 527 . 00 VOTE OF TOWN BOARD ( AYE ) ( fn% ) . . . CLinton .E ,. .Cotterill • SUPERVISOR VOTE OF TOWN BOARD ( AYE ) ( ' ) . . .Char. Les .Evans TOWN COUNCILMAN VOTE OF TOWN BOARD ( AYE ) WINI . . George Schl,eeht, , , , , , , , , , , , , , , , , , , , TOWN COUNCILMAN • VOTE OF TOWN BOARD ( AYE ) WWI .Gar. l.ack TOWN COUNCILMAN VOTE OF TOWN BOARD ( AYE ) ( NAY ) TOWN COUNCILMAN TYPE OR WRITE IN NAMES OF TOWN BOARD AND INDICATE HOW THEY VOTED . 1/ y RESOLUTION FOR TOWN HIGHWAY EQUIPMENT PURCHASES — # 82 RESOLUTION BY George Schlecht rSECONDED BY Karl Garlock WHEREAS , THE TOWN SUPERINTENDENT OF HIGHWAYS DID , ON THE 24th DAY OF . March 19 87 , DULY RECOMMEND THE PURCHASE OF CERTAIN EQUIPMENT PURSUANT TO THE PROVISIONS OF SECTION 142 OF THE HIGHWAY LAW , NOW , THEREFORE , BE IT RESOLVED THAT THE TOWN SUPERINTENDENT OF HIGHWAYS IS AUTHORIZED TO PURCHASE , IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 5 - A OF THE GENERAL MUNICIPAL LAW , THE FOLLOWING New and . unused dump body and snow plow equipment with wing for heavy : duty tandem drive truck • FOR A MAXIMUM PRICE OF . TWeDty . three . tbousand . five . hundred . eighty -- eight DOLLARS . ( $ 23 , 588 . 00 ) , DELIVERED AT 61 E . Main $ treet , . Qcydeu N Y BY July 31 19 87 THE TOWN SUPERINTENDENT OF HIGHWAYS IS AUTHORIZED TO SURRENDER TO THE VENDOR • THE FOLLOWING EQUIPMENT AT AN AGREED TRADE - IN VALUE OF , $ A CONTRACT FOR THE ITEM ( S ) PURCHASED SHALL BE DULY EXECUTED IN DUPLICATE BETWEEN THE TOWN SUPERINTENDENT OF HIGHWAYS AND SUCH VENDOR . WHEN THE CONTRACT HAS BEEN EXECUTED AND APPROVED , AND UPON DELIVERY OF THE ITEM ( S ) PURCHASED , THE SUPERVISOR SHALL PAY THE FOLLOWING AMOUNTS AS SPECIFIED . . . • 1 . , $ • . 23 ,. 588e00 FROM BUDGETARY APPROPRIATIONS FOR PURCHASE OF EQUIPMENT 2 . , $ FROM THE PROCEEDS OF OBLIGATIONS ISSUED PURSUANT TO • LOCAL FINANCE LAW . - AUTHORIZED BY SEPARATE RESOLUTION . 1 3 . , $ INSTALLMENT PURCHASE - SPECIFY TERMS $ 23 , 588 . 00! VOTE OF TOWN BOARD ( AYE ) (X ) . .GLint.an K - . .Co.tterill SUPERVISOR VOTE OF TOWN BOARD ( AYE ) (W) . .C,YMa.r,l,e,s. .E,va,n s TOWN COUNCILMAN VOTE OF TOWN BOARD ( AYE ) ( George Schlecht . . . . . . . . . . TOWN COUNCILMAN VOTE OF TOWN BOARD ( AYE ) ()WA Karl Garlock TOWN COUNCILMAN VOTE OF TOWN BOARD ( AYE ) ( NAY ) TOWN COUNCILMAN TYPE OR WRITE IN NAMES OF TOWN BOARD AND INDICATE HOW THEY VOTED . POLICIES FOR TOWN OF DRYDEN EMPLOYEES • EFFECTIVE - JANUARY 1 , 1983 AMENDED - APRIL 8 , 1986 AMENDED - JANUARY 1 , 1987 • AMENDED - . FEBRUARY 10 , 1987 • • • • THESE POLICIES WERE ADOPTED BY THE DRYDEN TOWN BOARD AND REPLACE ALL OTHER POLICIES WHICH MAY HAVE BEEN IN EFFECT . THESE POLICIES WILL APPLY TO ALL FULL TIME PERMANENT EMPLOYEES UNLESS NOTED OTHERWISE • THE TOWN OF DRYDEN DOES NOT DISCRIMINATE IN EMPLOYMENT BECAUSE OF AGE , RACE , CREED , COLOR , NATIONAL ORIGIN , SEX , DISABILITY OR MARITAL STATUS . • • • • • • • • • • Ilk • • • • .^� DISCIPLINE ' - The following Department rules will be posted in the Town and H ighway Department buildings and any violation of these department rules will be subject to disciplinary measures as follows : 1 warning - oral 2 warnings - time off without pay 3 warnings - employment terminated The Highway Superintendent and Deputy Superintendent are in charge of h andling disciplined WORKING FOREMAN - When a working foreman is assigned to a job , he is also responsible for the action of the entire crew on that job . • ,. SENIORITY - Employees will lose all seniority upon resignation or terrninat ion of employment for other reasons ( except for time under NYS Retirement rules ) with the following exceptions : A . Military service in the U . S . Armed Forces B . Leave of Absence without pay - if employee pays all benefits in advance for missed time and has written approval of the Highway Superintendent or the Town Board . A . and B . will not apply if other employment is held during the time an employee leaves and then returns to employment with the Town . ACTIVE RESERVE DUTY - The Town will reimburse Town employees for the d ifference between wages the employee earns while on active reserve duty and their normal wages . FUNERALS -Paid time off will be allowed up to three ( 3 ) days for a member of the immediate family . One day for a funeral outside the Ithaca - Cortland . area and ore -half day for a funeral within the Ithaca -Cortland area if the deceased is not a member of the immediate family . HOLIDAYS - Eight paid holidays will be allowed as follows : New Years Day , Memorial Day , Independence Day , Labor Day , General Election Day , Veterans Day , Thanksgiving Day and Christmas day . To be eligible for holiday pay , employees must be present the working day before and after the holiday . WORKING HOURS - Regular working hours for the highway department will be from 6 : 00 a . rn . to 4 : 30 pm Monday through Thursday in the summer and from 6 : 00 a . m . to 2 : 30 pm Monday through Friday in the winter . Lunch will be f rom 12 : 00 to 12 : 30 pm , unless otherwise scheduled by the department h ead . All employees will be expected to report and be ready for work prior to the time regular working hours begin . All time for which highway employees are to be paid , will be taken from the time clock card . Any employee arriving 10 minutes or more past the time the regular working hours begin will not be paid for a 30 minute time unit . Employees other than the Highway Department employees will work their assigned hours . OVERTIME - A full 40 hour week must be worked in order to receive overtime pay . Overtime worked , when necessary and approved by the appropriate supervisor , will be credited to an employee in units of no less than one -half hour . Overtime rate will be time and ore -half . S . • y • *All hourly- paid employees who work overtime , have the option of accurnulat ing up to 27 hours overt irne and taking compensation time up to 40 1 / 2 hours total in time off . These hours and the time to take there must be mutually agreed upon by the employee ' and Superintendent . * ( Effective 4 / 8 / 86 ) * Any employee called in to work extra hours during snow emergencies or similar circumstances , must not be under the influence of alcohol or other • substances . If an employee is asked to work , and is under the . influence as stated above , he / she is expected to report the condition to the Supervisor who is calling . Such employee will not be penalized for reporting this condition . * ( Effective 4 / 8 / 86 ) w * BUILDING ACCESS - No employee of the Town of Dryden is permitted to ' be in any building owned by the Town during non -working hours , except by permission of the employees ' supervisor or the deputy supervisor of the employees department . Persons who are not employees of the Town of Dryden are not permitted in buildings owned by the Town during non -working hours , unless required to be there for business purposes . * ( Effective 4 / 8 / 86 ) *ALCOHOL OR CONTROLLED SUBSTANCES - No alcoholic beverages or controlled substances are permitted on Town property and no parties or employee gatherings are permitted on Town property if alcoholic beverages are to be served . *Effective 4 / 8 / 86 ) COFFEE BREAKS - Coffee breaks will be granted when possible from 9 : 00 am to 9 : 15 am and no other breaks will be permitted unless authorized by the Supervisor or Deputy Supervisor . Only one man from a three man crew is to leave the job or the Department Buildings for the purpose of obtaining . • . coffee . Breaks . will normally be taken at the Highway Department buildings or from the job location . r PURCHASING - The Highway Superintendent , Deputy Superintendent or other authorized Supervisor must approve all purchases made by the Highway department . HARD HATS - Hard hats WILL BE WORN by all employees when engaged in physical labor or when there is danger of accidents caused by falling d ebris or at other times when danger of head injury is imminent . . CLOTHING - AFTER ONE ( 1 ) YEARS EMPLOYMENT , a clothing allowance for h ighway employees will be given with the Superintendent ' s approval . H EALTH INSURANCE - Family and individual policies are available through Central N . Y . Blue ,Cross , Blue Shield and major medical . Permanent full time employees are eligible for health insurance . beginning can the first d ay of the first full month ' s employment . • • • • . _ ik . SICK TIME - Employees . of the Town of Dryden will be granted one day of ` 1 sick time for each month worked ( 12 days per year ) . All time for which an e mployee is paid shall be considered as time worked for this purpose . Sick time may be accumulated from year, to year up to a maximum of 120 days or 960 hours . One day will be added at the beginning of each month for the previous month . To be eligible for sick time pay , an employee must notify h is / her Superintendent before 6 : 00 a . m . . Failure to do so when possible • w ill result in the absence being considered as unexcused without pay . Medical substantiation of illness may be required in any case by the d epartment head . Accumulated sick time will be credited at retirement time toward health insurance premiums . When accumulated credit is used up , the • retiree may continue coverage under the Town ' s health insurance policy by ✓ emitting at least one ( 1 ) month premium in advance . Part - time and temporary employees will not be eligible for any sick time . PERSONAL TIME - Each employee is allowed . to use up to three ( 3 ) days from their sick time per year for personal reasons . Other personal time may be granted by the Supervisor without pay , or vacation time may be used if ok ' d by the Superintendent . D ISABILITY - MUST be used if an employee is sick for more than seven ( 7 ) consecutive days . The Town will use accumulated sick time , if any is available , to make up the difference between the disability payments and the normal pay . This will continue as long as accumulated time does not ✓ un out . There is a four ( 4 ) week waiting period for disability to become e ffective . WORKMEN ' S COMPENSATION - All employees of the Town are covered by N . Y . S . Workmen ' s Compensation . . _ RETIREMENT - The Town is a member of the N . Y . S . Employees Retirement System . All full time permanent employees must : be covered from the first d ay of permanent employment . JURY DUTY - The Town will reimburse employees for the difference between what the juror earns while on duty and their normal wage . VACATIONS - Vacation time will begin to accumulate from the first day of f ull time employment , but no time may be used during the first six months o f employment . If any vacation is used during the last six months of the first year and employment terminates before the end of the first year of employment , then the amount of vacation time used will be deducted from the final paycheck . The time begins from date of full - time permanent employment . Vacation , time for those employees who do not work a regular 40 h our; week will be based . on the average number of hours normally worked by such employee . All vacation time off must be arranged for in advance with the superintendent . Unusual circumstances in which prior arrangement is not possible , must have the written approval of the superintendent or such time off will be counted as an unexcused absence without pay . The Highway Department will close the week of the Fourth of July , and this time will be charged against accumulated vacation time , except that new employees are not permitted to use vacation time during the 1st six months of employment . 411 . . � ,„ . . . K . 417. � • Vacation time may be accumulated for dp to twice what the employee is IP .* entitled to in a given year . Vacation time , up to six weeks , not used by the time an employee retirees , v i11 • be honored at retirement time . Earned ✓ acation time will be paid to employees upon termination of their employment with the . Tc' wn . Annual vacation with pay will be _granted to full - time employees on the following lowing basis : AFTER one ( 1 ) _years employment ' one week. AFTER two ( 2 ) year employment two weeks AFTER ten ( 10 years employment three weeks AFTER fifteen ( 15 ) years employment four weeks It is the intent to al low . an employee to" begin accumulation at the higher ✓ ate after the employee has com.pleted the required number of years of service and this higher rate will then be added to each employee affected . E arned vacation time will be added on a pro rated annual basis at the beginning of each month for the previous month . F= art time employees dc, not e arri vacat ion time . SAV. INsS - Employees are eligible to join the Tompkins Employees Federal Credit Union or have deposits made - to their bank accounts at the First National Bank of Dryden . These deductions will be made from each payroll . P AYMENT SCHEDULE : -- All payrolls are on a b i - weekly schedule . As of J anuary 1 , 1987 the pay period for all hourly employees will end on Wednesday . The payment for that period will be made on the End Thursday following the end of the pay period . All salaried personnel will be paid on the same Thursday as hourly personnel with their pay period ending the Wednesday prior to payment . • Adjourned : 12 : 35PM IIP i.41 / ' it liel---C-- or are— Susanne Lloyd • Town Clerk • • jhe Town Board accepted Rule XIX Leave of Absence as the Town Policy , liliffective September 9 , 1986 . The policy is as follows : 1 . A leave of absence without pay , not to exceed one year , may be granted to a permanent employee by an appoint irig officer . Not ice of such leave of absence shall be _given to the commissioner . Where a leave of absence without pay has been granted for a period of which aggregates one year , a further leave of absence without pay shall not be granted unless the employee returns to h is position and serves continuously therein for three months immediately preceding the subsequent leave of absence . Notice of such subsequent leave of absence shall also be givers to the commissioner . Absence on 1 eave for rncore than one year shall be d eemed the equivalent of a resignation from the service upon date o f comsnencement of such absence , . except as provided in subdivision ( 2 ) of this rule . 2 . A leave of absence without pay , may be granted to a provisional employee with one year ' s continuous service whd has requested time off , due to pregnancy , from a position where the exam for that posit ion has not been made available since the employee ' s appointment , or where the exam has been given but the eligible list has not been established . The employee will be granted the ✓ ight to be rehired in the same title in the same department , provided the position is still in existence and no one else has been appointed from an eligible list . Such leave of absence shall 411 be made at the employee ' s request , up to a maximum of six months subject to renewal for another six months for reasons considered • satisfactory to the Commissioner of Personnel . 3 . In an exceptional case , the commissioner may for good cause shown w aive . the provisions of this rule to permit an extension of the leave of absence for an additional one - year period . In no case may such leave of absence exceed in aggregate two years from the date of commencement of such leave . 4 . A leave of absence without pay , not to exceed four years , shall be granted by an appointing officer to an employee who is a veteran of the Armed Forces of the Untied States , providing such leave of absence is for the purpose of taking courses under the educational benefits provided for in Title 38 , United States Code or under a New York State Board of Regents War Service Scholarship , Education Law , Sect ion 614 , An employee taking such a leave shall be reinstated to his positions , provided he makes application for such reinstatement within sixty days after the termination of his courses of sturdy .