HomeMy WebLinkAbout1987-10-13 rc-
TOWN BOARD MEETING
• OCTOBER 13 , 1987
S upv Cotterill called the meeting to order at 7 : 30PM
Members and guests participated in the Pledge of Allegiance
Roll call was by the Town Clerk :
Present : Supv Cotterill , Clm Webb , Clm Schlecht , Atty Perkins
and Z . O . Slater
Absent : Clm Evans and Clm Garlock
S upv Cotterill appointed Clm Schlecht to audit the general fund
bills and Clm Webb to audit the highway fund bills .
P UBLIC HEARING
S PECIAL PERMIT
Joseph Allington
S upv Cotterill read the notice that was published in the newspaper
t o consider the application of Joseph Allington , 333 Ferguson Rd ,
Freeville , NY to establish a commercial garage for the purpose of
auto repair and sales at an existing structure at 2171 Dryden Rd .
This is an allowed use by a special permit only in an RD Zone .
Q UESTIONS AND / OR COMMENTS
The Town Board postponed the public hearing and will schedule an
o ther public hearing since Mr Allington was absent due to a death
in the family .
The Town Board scheduled another public hearing at 7 : 00PM on
O ctober 29th
APPROVAL OF THE MINUTES : Motion was made by Clm Schlecht and
seconded by Clm Webb that the minutes of the Board meeting held on
S ept 8th and the special meeting held on Oct 1st be approved as
submitted .
CITIZEN PRIVILEGE OF THE FLOOR :
Robin Remick , SCPA - ' wanted to know if a decision had been made
✓ egarding the dog control contract .
S upv Cotterill - yes , they have made a decision to go with Lorraine
B ard for 1 more year and then they will evaluate the contract for
1989 .
Robin Remick - she wanted to share information and felt that it
w ould be important to the Town . The Governor has signed into law , a
law that came into effect November 1st that outlaws the use of T61
w hich is an agent for euthanization of dogs that do not find homes .
6
This is a method that is currently used by towns and now this agent
w ill not be legal . The new regulations require real strict record
® keeping which will involve and mandate 2 people be involved for
t hat record keeping . The Town will now have to hire another person
t o assist Lorraine Bard in that record keeping and be present
d uring the euthanization . Some towns are talking about the Town
Clerk having to go out to the dog facility and be present during
t his since it is going to be mandated . The other alternative would
be to hire a veterinarian to preform. the euthanasia . This will be
an added expense to the town since there will be more
✓ esponsibility involved . The Town would have to assume the
✓ esponsibility for the 2 people that they hire for the record
keeping and administration of the drug . There is a great deal of
liability placed on the Town as a result of this . If the SPCA had
the dog control contract they would be the ones that would assume
all of the responsibility .
Robin Remick - wanted to know if it would be out of line to ask the
✓ eason for the decision and the vote ?
S upv Cotterill - there was considerable discussion and the decision
w as based on the fact that due to the extreme problems 2 years ago
w ith the SPCA that the rates went so high , the Board felt obligated
t o see what the alternative was . The Board took the alternative to
keep the license fees where they were reasonable instead of having
t o double them . Since that time the Town has been with Lorraine
B ard , and she wanted a 3 year contract to start with since she had
to invest a lot of money and she is still upgrading to meet state
✓ equirements . As far as he knows the State has not told the Town
t hat she does not meet the requirements . Another reason we have had
✓ ery few complaints . We have had less complaints than we had. the
previous 2 years with SPCA . He has talked to the Judges and Court
Clerks and they have had no complaints , so for that reason they
f elt to give Lorraine one more year , since she did help us out when
w e were faced with a very huge contract with the SPCA , and this
w ill be reviewed next year .
Robin Remick - she does understand what is said , but she wanted to
point out that the Town may not receive a lot of the complaints .
The SPCA does serve as an answering service , not complaints about
L orraine , but they do receive a lot of calls about dog control work
- about 30 calls a day referring calls to Lorraine which this is
t ime consuming . This is one reason the SPCA wanted the dog control
. contract , since they spend most of their time directing people to
L orraine . She wanted to know if the Town would understand that they
might direct all calls to the Town so that you would have a sense ,
in the future , over the next year how many calls there are .
Atty Perkins - could see no reasoning for that .
Clm Schlecht - also felt that it would not be a good thing to do .
• Catherine Brown - would like it on the record that the Town Board
d id receive petitions with over 100 signatures from people all over
the Town who are dissatisfied . Even though they are not calling
they have taken the trouble to sign the petition .
II
. ...____.___
st,c/T 7D-/U` I test D �.M7 or TawAt e
We , the undersigned residents of the Town of Dryden , are very dissatisfied - -
. with the lack of enforcement of the ' leash law , the poor response time to
410 nuisance calls and other complaints , and the inability to directly communicate
with our current Dog Warden . We do , hereby , petition the Dryden Town Board to
reinstate the Tompkins County SPCA as official Dog Warden for the Town of
Dryden .
The SPCA has approved modern facilities , trained personnel and radio
dispatched vehicles to best provide the services , we , the residents of the town
• are entitled to receive .
NAME ADDRESS
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We , the undersigned residents of the Town of Dryden , are very dissatisfied
with the lack of enforcement of the leash law , the poor response time to
nuisance calls and other complaints , and the inability to directly communicate
with our current Dog Warden . We do , hereby , petition the Dryden Town Board to
reinstate the Tompkins County SPCA as official Dog Warden for the Town of
Dryden .
The SPCA has approved modern facilities , trained personnel and radio
dispatched vehicles to best provide the services , we , the residents of the town
are entitled to receive .
NAME ADDRESS
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' We , the undersigned residents of the Town of Dryden , are very dissatisfied
� . with the lack of enforcement of the leash law , the poor response time to
nuisance calls and other complaints , and the inability to directly communicate
with our current Dog Warden . We do , hereby , petition the Dryden Town Board to
reinstate the Tompkins County SPCA as official Dog Warden for the Town of
Dryden .
The SPCA has approved modern facilities , trained personnel and radio
. dispatched vehicles to best provide the services , we , , the residents of the town
• are entitled to receive .
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We , the undersigned residents of the Town of Dryden , are very dissatisfied
with the lack of enforcement of the leash law , the poor response time to
nuisance calls and other complaints , and the inability to directly communicate
with our current Dog Warden . We do , hereby , petition the Dryden Town Board : to
reinstate the Tompkins County SPCA as official Dog Warden for the Town of
Dryden .
The SPCA . has approved modern facilities , trained personnel and radio
dispatched vehicles to best provide the services , we , the residents of the town 2
are entitled to receive .
NAME ADDRESS
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S upv Cotterill - all of the Board members have seen the petitions
and they have talked to citizens and there is 2 sides to this
111. The SPCA action 2 years ago is the only reason that we
left them , it wasn ' t someone else . If they feel that we have
n eglected them , 2 years ago we felt they neglected the Town .
Catherine Brown - Lorraine ' s performance over the last 2 years as
f ar as she can see has not done anything with regard to upgrading
h er facility .
S upv Cotterill - that is the State ' s job to see that she complies
w ith their requirements .
Min Creasy - wanted to know if there was some way that the Board
could advertise that Lorraine is the dog control officer so that
t he SPCA would not be bothered with calls and people trying to drop
animals there .
S upv Cotterill - we can put an ad in the paper which is not a
problem .
Robin Remick - when the Town makes the decision on the new method
o f euthanization it will be partly the job of the SPCA to check on
this new method , so they will have to check with the Town to see
w ho the 2 people will be for this new procedure .
Supv Cotterill - he has not received any information yet with
• regard to this . He is sure the 4 Towns will meet with Lorraine and
d iscuss this procedure .
Robert Bland - was hoping Co Rep Tillapaugh was here . The Phase II
✓ eport that Co Rep Tillapaugh talked about has not been released to
the public . It was released to the solid waste committee at the
B oard of Reps . It was reviewed at closed session and sent back to
the engineer for redrafting . It appears that without any public
input it narrows down from the 23 sites to 3 serious sites in
D ryden , one in Enfield and they are still considering Landstrom
e xtension . The only thing that the County is talking about are the
o nes in Dryden and the one in Enfield . The people in the West
D ryden area have attended the County meetings and they are going to
f ight the landfill not being there with whatever they have . They
h ave had it there for 15 years . When the landfill was there there
was not much development or improvements in that area , but now with
it being closed people are starting to build and improve there
✓ esidences .
O ne reason that it is not a favorable site is because the water
t able is very high . The County has scheduled a tour for Enfield ,
W est Dryden and Landstrom on a Saturday . He does not know how good
a feel they are going to get for the area . Hopefully they can ask
t hat they stop at several of the residents and look at the ground
w ater situation and look at the nice homes that have been built in
the area . They are not going to get in the area where the wetlands
• and wildlife and hopefully they can point that out . People in that
area are not just investing in their homes any more , since there is
t alk of a landfill going in .
/07
S upv Cotterill - there has been a lot of discussion with the Board
members and they are trying to keep up to date with Co Rep
I Tillapaugh as to what is happening . Clm Garlock has volunteered to
be on a committee and would be available for this tour and Supv
Cotterill offered his services for the tour so that the Town will
be represented , and he will let Co Rep Tillapaugh know they will be
g oing on the tour . This Board plans on doing whatever can be done ,
but there has to be an idea with what we are being faced with , and
w hat the plans are . If you are having any organized , meeting with
any information he would like to know about it so that he could
attend . Also he will let the other Board members know so they can
attend .
Clm Schlecht - felt that a strong point to make is that since the
o ld dump has been closed a lot of improvements have been made in
t hat area . The economics of the area has to be looked at and this
area is perfect for growth in the Town of Dryden . He suggested to
collect data that has gone on there in the last 5 years . At some
' point the County is going to have to look at what effect that is
g oing to have and what it will cost the Town of Dryden if the
landfill does go there .
Robert Bland - they are prepared to fight this since there are
better sites in the county .
Catherine Brown - went to a County meeting and people had the
f eeling that Co Rep Tillapaugh was not representing the Town and
• that he favored the landfill to be placed in Dryden . Also
q uestioned about taking the engineers estimate about the effects
about the Fall Creek water shed . She asked about that because
several sites they had planned to put the site is near the head
waters of Mill Creek and Fall Creek . These are permanent streams
t hat run all year round .
E lizabeth Pearson - the people of the Town of - Dryden trust our
✓ epresentatives to make the right kind of decision based on
e conomic growth including the other criteria that they have to
address . What they see is that the waste committee is making
d ecisions based on who will sell out first and who will make the
least noise . She has spoken to two board members and the feeling
she got is that Co Rep Tillapaugh is pushing for the landfill site
t o be in Dryden , which is very upsetting . We would like to feel
t hat they are doing their job as representing the people of Dryden .
Clm Schlecht - he agrees and shares her concern . This should be one
of the things that is closely looked at .
•
✓ icky Bland - would like support from the Town Board with their
e ffort at the County Board level . She felt Co Rep Tillapaugh is not
w orking for the Town of Dryden residents , but for Tompkins County .
S upv Cotterill - he will talk with Co Rep Tillapaugh and see what
® other information he can get .
Clm Webb - also will back the residents and congratulating them on
g oing to all of the county meeting and will go to the meetings with
t hem .
..
T O WN E DRY ® EN o DRY D EN, NEW Y ® l °
P. O. BOX 516 65 EAST MAIN STREET, DRYDEN, NEW YORK 13053
• 607-844-9120 In the Heart of the Finger Lakes Region
ZONING OFFICE
Date : October 1st , 1987
To : Clinton Cotterill , Dryden Town Supervisor
65 E . Main Street
Dryden , New York 13053
C4
From : Henry M . Slater , Zoning & Building Code Enforcement Officer
Town of Dryden ,
j;!:
65 E . Main Street voljp
Dryden , New York 13053
'#tJ
Sub . : Review of the Wilber Genung Building Project at 190 Ellis Hollow Creek Rd .
As requested by yourself , I ' ve completed a review of the Genung Building
Project and the alledged vehicle violations finding the following to be
true .
Mr . Howers ' complaint was valid . Mr . Genung has desided to fight the issue
and will not be removing the vehicles . He claims ( 2 ) are work vehicles , that
• he uses in the operation of his farm . The ( 3rd ) has been placed in position
for personnal reasons . The question is , is Mr . Genung a farm ? Attorney Perkins
doesn ' t feel that he is principally a farm , to which I agree . I asked that
Mr . Genung store these ( 2 ) work vehicles out of public site when not in use .
Mr . Genung didn ' t feel that that was necessary . I told Mr . Genung that I
would have to write him a violation . Mr . Genung felt that this was aceptable .
" That way the courts could deside if he is a farm or not " Mr . Genung also
stated that if I ' m writing him a violation , ) should write Mr . Howser one
for his expired vehicles , which I have . Both notices of violation were sent
this date " 10 - 1 - 87 . They both have 10 days to comply prior to formal notice .
Project review :
As you will note from the attached pictures , the barn is progressing . Progress
is not as fast as planned but ; 'what construction project does ? Other than
the ( 3 ) vehicles , Mr . Genung has within reason kept to the agreement . The
area around the building site is free of junk and rubbish . He places all
unusable lumber in the scrap pile for fire wood . I informed Mr . Genung that
his building permit would be expiring on 11 / 17 / 87 . Mr . Genung will be appling
for an extention if not complete by that date . Town policy would be to grant
such a request if work had been substantial , which it is .
The problem between Genung & Howser has not gotten any better . It was peace -
full for most of the summer but , recently has become a real problem for the
both of them . I have made the entire file available for your review and
questions . Please feel free to inquire about this issue anytime .
•
CC : All Town Board Members
Mahlon R . Perkins , Dryden Town Attorney
Susanne-Lloyd
TOWN OF DRYDEN • DRYDEN, NEW YORK
P. O. BOX 516 65 EAST MAIN STREET, DRYDEN, NEW YORK 13053
• 607-844-9120 In the Heart of the Finger Lakes Region
ZONING OFFICE •
Date : October 13th , 1987
To : Clinton Cotterill , Dryden Town Supervisor
65 E . Main Street
Dryden , New York 13053
From : Henry M . Slater , Zoning & Building Code Enforcement Officer
Town of Dryden
65 E . Main Street
Dryden , New York 13053
Sub . : September 1987 Zoning & Building Code Office Month - end Report
Building Report :
During the month of September 87 , there were 22 Building Permits Issued
by this office and are described as follows :
A- 1 , Single Family Structures : ( 6 )
A- 1 , Single Family Extentions : ( 2 )
• Replace existing Mobile Home with new ones : ( 3 )
Convert existing garage to home office : ( 1 )
C - 4 . 1 Private Storage Buildings : ( 9 )
Extent an existing garage : ( 1 )
Zoning Variance Hearings :
During the month of September the Zoning Board Completed the August
hearings which had been tabled pending legal council from Town Attorney
Perkins and heard one new request . A copy of the results has been attached
for your review .
Howser Genung :
As a result of the non - com ; liance to the notices of violation sent to
both Howser and Genung for having unregistered vehicles at their residence ,
I have as of today sent formal violations to both and notified the Dryden
Town Court that the people are ready to procede with trial .
CC : All Town Board Members
Mahlon R . Perkins , Dryden Town Attorney
Susanne Lloyd , Dryden Town Clerk .
A
TOWN OF DRYDEN • DRYDEN, NEW YORK
65 EAST MAIN STREET, DRYDEN , NEW YORK 13053
Li tbe Ikflt of the Finger Laker Region
Date : July 23rd , 1987
To : Members of The Zoning Board of Appeals of the Town of Dryden
From : Henry M . Slater , Zoning & Building Code Enforcement Officer
Town of Dryden
65 E . Main Street
Dryden , New York 13053
Sub . : Agenda for August 4th , 1987 Z . B . A . Hearings
7 : 30 P . M .
Joseph Allington of 333 Ferguson Road is requesting a variance to
section 701 , ( Allowed uses ) , of the Dryden Town Zoning Ordinance to
e stablish a commerical garage . He is requesting the variance for his
✓ esidence at 333 Ferguson Road .
Result : Request Denied , no grounds for request .
7 : 45 P . M .
Darla VanOstrand of P . O . Box 37 Brooktondale is requesting a variance to
section 803 . 1 , ( Road Frontage ) , to erect a single family residence at
265 Ringwood Road . There would be no road frontage but , there would be
a easement from her father Gordon Eggleston of 2. 65 Ringwood Road . The
lot currently is 16 acers and VanOstrand Is proposing to use 2 acres of
this parcel .
Tabled again , the board could not reach a verdict . Hearing to be rescheduled
for October 6th , 1987 .
8 : 00 P . M .
William & Monica Cuthbert of 463 W . Dryden Road are requesting a variance
to section 804 . 1 , ( placement of all structures a min . of 70 ' from the
center of the road ) , to erect a pole barn / garage at their residence .
Results : Request denied , applicant could without undue hardship position
structure within the requirements of the zoning set back requirements .
New Hearing : Paul & Kathryn Snyder requested a variance to place either a
double wide mobile home on a full foundation or a modular home on same and
e rect a private garage on a private road in the R . B . zoning district off
Ellis Hollow . Said road is Snyder Heights . The Snyders ' had obtained a variance
for a Double wide on a full foundation in 1979 but , since they never followed
u p with a building permit it is considered abandoned and they must reapply .
Results : The board approved the modular home and garage .
/ c7
Catherine Brown - wanted to know if this out of state landfill and
t he fact that Dryden has zoning could this possible happen in
• Dryden ? If so , the same does not apply to the county level . This
should be looked into .
There was considerable discussion .
S upv Cotterill - all of the Board members are against the landfill
and we have passed several resolutions over the last 3 years to
t hat affect and sent them to the County Board of Reps .
L inda Brian ; Campefire Girls - wanted to thank the Board members
f or their support that they have given throughout the year .
B arbara Caldwell , Planning Board Chairperson - presented the Town
B oard with the new maps for zoning that they have been working on ,
concerning the new proposed RA Zone .
ATTORNEY
Atty Perkins - reported that he has contacted DEC regarding the
Town of Dryden being the Lead Agency for the gravel pit located on
B radshaw Rd . DEC would be addressing their concerns even if the
Town of Dryden was going to be the Lead Agency . There was concern
about time involved . DEC wanted it to move along in a timely
f ashion also . Normally , they would like the town to be the Lead
Agency but under the circumstances they had other concerns and they
,' have the expertise and personnel to address them so they would be
w illing to be the Lead Agency . Atty Perkins did write the letter
✓ equesting that they assume the roll as Lead Agency and keep the
Town informed
7 - regarding the ZBOA Welch hearing . The Supreme Court granted the
application of the Town Board to annul and reverse the decision
that the ZBOA made . ZBOA held another hearing and adopted its
f indings of fact . They have not filed those with the Town Clerk or
its decision , so the Town Board is unable to review what the ZBOA
h as done at this point .
- - also the Town is involved with litigation and will give the Town
B oard more information next month .
- - engineers are surveying and mapping the Monkey Run water and
sewer districts .
Zoning Officer - report given to Board members .
RESOLUTION # 141 RESCIND RESOLUTION # 138
Clm Webb offered the following resolution and asked for its
adoption :
RESOLVED , that this Town Board upon the recommendation of Hwy Supt
G ilbert to rescind Resolution # 138 due to the fact that another
truck has broken down and he can use both trucks for parts .
2nd Clm Schlecht Roll call vote - all voting Yes
/ 07
CORRESPONDENCE
4110 Ambulance report
D og report
Request from Gadabout for $ 2700 . 00 for 1988 budget
Notice from NYS that the Town will receive matching grant of
$ 44 , 600 . 00 which has been reserved for development of Dryden Lake .
RESOLUTION # 142 ADOPT PRELIMINARY BUDGET
Clm Schlecht offered the following resolution and ask for its
adoption :
RESOLVED , that this Preliminary budget be adopted by this Town
B oard and placed in the Clerk ' s Office for viewing by the public .
2nd Clm Webb Roll call vote - all voting Yes
RESOLUTION # 143 APPROVE PROJECT APPLICATION AND BUDGET
• FOR DRYDEN RECREATION PROGRAM FOR 1988
Clm Schlecht offered the following resolution and asked for its
adoption : •
RESOLVED , that this Town Board approve the project application and
budget of Dryden Recreation program for 1988 , to be filed with NYS
D ivision for Youth .
2nd Clm Webb Roll call vote - all voting Yes
RESOLUTION # 144 APPROVE CONTRACT WITH THREE FIRE
COUNCIL OF CAMPFIRE
Clm Schlecht offered the following resolution and asked for its
adoption :
RESOLVED , that this Town Board approve the contract with the Three
Fires Council of Campfire in an amount not to exceed $ 4 , 000 . 00
( half of which will be reimbursed by the State ) and the Supervisor
and Bookkeeper be authorized to process the application with the
N YS Division for Youth .
2nd Clm Webb Roll call vote - all voting Yes
RESOLUTION # 145 TRANSFER FUNDS FROM CONTINGENCY TO A8030 . 4
Clm Schlecht offered the following resolution and asked for its
adoption :
RESOLVED , that this Town Board authorize the Supv to transfer
$ 5100 . 00 from contingency to A8030 . 4 ( Research ) .
. 2nd Clm Webb Roll call vote all voting Yes
RESOLUTION # 146 TRANSFER FUNDS FROM DA5120 . 1 TO DA5142 . 4
Clm Schlecht offered the following resolution and asked for its
adoption :
RESOLVED , that this Town Board authorize the Supv to transfer
$ 6 , 000 . 00 from DA5120 . 1 ( Bridges ) to DA5142 . 4 ( Snow removal ) ..
2nd Clm Webb Roll call vote - all voting Yes
•
/i
RESOLUTION # 147 TRANSFER FUNDS FROM DB5110 . 1 ;
DB5110 . 111 ; DB5110 . 4 ; DB9040 . 83 ; UNEXPENDED
FUND BALANCE TO DB5112 . 210
Clm Schlecht offered the following resolution and asked for its
adoption :
RESOLVED , that this Town Board authorize the Supv to transfer
$ 2 , 181 . 00 from DB5110 . 1 ( road repairs ) , $ 400 . 00 from DB5110 . 111
( overtime ) , $ 7 , 000 . 00 from DB5110 . 4 ( contractual ) , $ 2 , 467 . 00 from
D B9040 . 83 ( workman ' s comp ) and $ 3 , 000 . 00 from unexpended fund
balance to DB5112 . 210 ( road construction ) . Total transferred
$ 15 , 048 . 00 .
2nd Cim Webb Roll call vote - all voting Yes
RESOLUTION # 148 TRANSFER FUNDS FROM B8010 . 1 TO B3620 . 4
Clm Schlecht offered the following resolution and asked for its
adoption :
RESOLVED , that this Town Board authorize the Supv to transfer
$ 1 , 970 . 00 from B8010 . 1 ( zoning ) to B3620 . 4 ( building inspector
contractual ) . •
2nd Clm Webb Roll call vote - all voting Yes
RESOLUTION # 149 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 Cim Schlecht Roll call vote - all voting Yes
RESOLUTION # 150 AUDIT HIGHWAY FUND BILLS
Clm Schlecht offered the following resolttion and asked for its
adoption :
RESOLVED , that the highway fund bills be paid as audited .
2nd Clm Webb Roll call vote - all voting Yes
JUSTICE REPORT - $ 4 , 503 . 00
FINANCIAL REPORT - given to Board members
N EW BUSINESS - Site Plan Review meeting - Oct 19th at 12 noon with
special board meeting to follow
S pecial Permit. hearing - Joseph Allington October 29th 7 : 00PM
budget hearing - October 29th at 7 : 30PM with special board meeting
to follow
Adjourned : 9 : 00PM
Susanne Lloyd
Town Clerk