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HomeMy WebLinkAbout1988-12-13 A3 , TOWN BOARD MEETING DECEMBER 13 , 1988 Supv 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 Evans , Clm Garlock , Clm Hatfield , Clm Crawford , and Atty Perkins Absent : Z . O . Slater PUBLIC HEARING SPECIAL PERMIT 0 DECEMBER 13 , 1988 William Sherwood Jr & Sr S upv Cotterill read the notice that was published in the newspaper to consider the application of William Sherwood Jr and William S herwood Sr to establish a welding and auto repair shop at 698 Wood Rd . Ereev i l l e , NY QUESTIONS AND / OR COMMENTS S upv Cotterill - this is a reapplication for a special permit that w as denied on November 9th . According to Z . O . Slater the Sherwoods h ave removed the junk , trash and abandon vehicles from the site . ® They have also brought in a dozer , graded the site and will be seeding the graded area in the spring . They have also stained the garage exterior and siding the house with prestained T - 111 . They have made sure that materials and vehicles that were on the property of others have been removed . W illiam Sherwood Jr - he has everything about cleaned up , but cannot install a fence since the ground is frozen . There will be a fence around a pipe rack where he plans to store steel . There is still some work that will have to wait until spring . He has tried to clean it up the best he could for the time being . Andy Moerlein - objected to the public hearing because all of the n eighbors were not notified , that is Robert & Vicky Bland because they have bought the Stetson property . He still opposed the permit application , and did show more pictures t o the Board S upv Cotterill - all notices are sent to neighbors according to the current tax roll . Andy Moerlein - felt that certain items should be addressed such as the glaring light , hours of operation , ground water risk , a parking pattern so that the residential neighborhood is not affected , the n umber of employees on the property , road frontage requirement , appearance of the building and scrap material on the property . / 3y S upv Cotterill - asked Mr Moerlein if the Board granted the permit w ith the guarantee that all rubbish is cleaned up and everything was 100 per cent in compliance with the Town Zoning Ordinance before the permit was issued , would he still be opposed to having a ✓ epair garage there ? Andy Moerlein - yes , he would be opposed . Clm Evans - wanted to know if the permit was granted would the S herwood ' s be willing to shroud the light in some way . W illiam Sherwood Jr - said that he would be able to fix it so that it would not shine toward Mr Moerlein Clm Hatfield - did not see any problem with having a light on your o wn property . Robert Bland ° gave Mr Sherwood permission to remove the cars from h is property and felt that he is trying to make every effort to clean up the property , and felt that he should have a right to make a living there . Closed public hearing : RESOLUTION # 228 GRANT SPECIAL PERMIT -. SHERWOOD JR & SR Clm Evans offered the following resolution and asked for its adoption : ® RESOLVED , that this Town Board grant the special permit to William S herwood Jr and William Sherwood Sr with the following conditions : 1 - the only people working there will be William Sherwood Jr and William Sherwood Sr . 2 - hours of business restricted to 8 : 00AM to 8 : 00PM - Monday thru Saturday 3 - Screening in the area where welding material will be stored can the west side of the garage 4 - restricting to a maximum of 5 vehicles at any given time outside of the garage 5 ° that this permit will not be granted until the property is cleaned up and 100 percent in compliance with the Town Zoning O rdinance 6 - that this permit is for William Sherwood Jr and William S herwood Sr and is not transferable by sale or lease . E nd Clm Crawford Roll call vote - all voting - Yes APPROVAL OF MINUTES : Motion was made by Clm Garlock and End by Clm Crawford that the minutes of the special Town Board meeting held N ov 1st ; Town Board meeting held Nov 8th and special Board meeting h eld Nov 29th be approved as submitted . COUNTY BRIEFING Co Rep Watros - reported that the County Board did not feel that • SWI action will not have any effect on the County regarding the DR7 landfill site . The County plans to move forward with the plans they h ave developed over the last several months . • / y0 CITIZEN PRIVILEGE OF THE FLOOR ® Mr Karl Westerling - was present and wanted to clear up the situation regarding the sewer hook - ups at the Portzline Trailer P ark . Atty Perkins - some of the connections have been inspected and is trying to get this matter solved . S upv Cotterill - would like to get this matter solved before he leaves office . D arrell Rademacher - wanted to know if there was any problem with regard to the zoning ordinance if he applied for a special permit to have a U - Haul business at the same site as his Rent - A Space at the corner of Yellow Barn Rd and Rt 13 . There was some discussion and the Town Board could see no problem if he applied since it w ould be an allowed use in that area . G ene Mutual - requested that they be considered to hook - up to the present Varna Water and Sewer District . They plan on building a 100 u nit student complex on Mt Pleasant Rd . There was some discussion and Atty Perkins has made a draft agreement for customers that w ould like to hook on existing water and sewer districts . Until that time no action was taken . Mayor Michael Lane - would like to thank the Town of Dryden in their support with the Village of Dryden for Alternative # 5 Virgil Creek Watershed project . Mayor Lane showed the Board members a map o f the proposed dam . COUNCILMAN PRIVILEGE OF THE FLOOR Clm Evans would like to schedule another public hearing regarding the application of Wilcox Press so that the resolution can be clarified . There was some discussion and the Town Board scheduled a public hearing for Dec 20th at 12 noon . Clm Evans said that he w ould notify the neighbors on Hall Wood Rd . . ATTORNEY • Atty Perkins - reported that he has received correspondence from the NYS Division of Military & Naval Affairs regarding the run off o n Lower Creek Rd and if there is problem they will accept the responsibility and liability . RESOLUTION # 229 CHANGE ORDER FOR MONKEY RUN WATER & SEWER DISTRICT Clm Garlock offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize a change order for the Monkey Run Water and Sewer Dist to properly install a pipe culvert as recommended by the engineers in an amount not to exceed $ 20 , 300 . 00 E nd Clm Hatfield Roll call vote - all voting Yes RESOLUTION # 230 ADVERTISE FOR BIDS TO PURCHASE 1 TWO WHEEL DRIVE W /PLOW & SANDER AND ® 1 _ FOUR WHEEsaL _ DRIVE W / . LOW _ & SANDER Clm Garlock offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize Hwy Supt Gilbert to advertise for bids to purchase 1 new 2 wheel drive with plow and sander and 1 new 4 wheel drive with plow and sander not to exceed $ 176 , 000 . 00 E nd Clm Hatfield Roll call vote - all voting Yes RESOLUTION # 231 ADVERTISE FOR TO SELL TRUCKS Clm Hatfield offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize Hwy Supt to advertise for bids to sell one 1958 Walters ; one 67 FWD and one 69 FWD and the • money that is received from the sale of this equipment be put back in the equipment line in the highway budget . 2nd Clm Garlock Roll call vote - all voting Yes CORRESPONDENCE Ambulance report D og report ✓ acancy on Tornp . Co . Youth Board ZONING OFFICER a report given to Board members FINANCIAL REPORT - given to Board members J USTICE REPORT - $ 5318 . 00 for the month of Nov Town board recessed for executive session at 9 : 3OPM and reconvened at 10 : 30PM then the following business was taken . RESOLUTION # 232 AUDIT GENERAL FUND BILLS Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that the general fund bills be paid as audited $ 23 , 885 . 85 2nd Clm Crawford Roll call vote - all voting Yes RESOLUTION # 233 AUDIT HIGHWAY FUND BILLS Clm Hatfield offered the following resolution and asked for its adoption : RESOLVED , that the highway fund bills be paid as audited $ 15 , 850 . 16 E nd Clm Garlock Roll call vote - all voting Yes RESOLUTION * 234 AUDIT CAPITAL FUND BILLS Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that the capital fund bills be paid as audited $ 119 , 966 . 91 E nd Clm Crawford Roll call vote - all voting Yes Hz- RESOLUJTION # 235 TRANSFER FUNDS FROM A1940 . 21121 A1989 . 419 ; A1910 . 415 & A7110 . 4 TO A1110 . 4 ; A1110 _4B ; A1E20 . 41 A1330 . 42 ; A1410 : 4y„ A14 10 . 42_ A14 10 . 44To A1420 . 49 ; 1450 . 1 A1450 . 4 ; A 1620 . 4 ; A3510 . 11 ; A3510 . 411 ; A5010 . 4 A5132 . 4 •j , A5132 . 41 ; AND A8030 . 4 Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize the Supv to transfer $ 10 , 000 . 00 from A1940 . 417 ( land purchase ) ; $ 1 , 500 . 00 from A1989 . 419 ( permits ) ; $ 7 , 907 . 50 from A1910 . 415 ( una l l ocat ed insurance ) ; and $ 15 , 000 . 00 from A7110 . 4 ( parks ) to the following accounts : $ 300 . 00 to A1110 . 4 ( Justice contractual ) ; $ 100 . 00 to A1110 . 42 ( Justice postage ) ; $ 100 . 00 to A1220 . 41 ( Supv telephone ) ; $ 50 , 00 to A1330 . 42 ( tax postage ) ; $ 100 . 00 to A1410 . 4 ( Town Clerk contractual ) ; $ 100. 00 to A1410 . 42 ( Town Clerk postage ) ; $ 600 . 00 to A1410 . 44 ( Town Clerk legal ) ; $ 5 , 000 . 00 to A1420 . 49 ( litigation ) ; $ 2 , 100 . 00 to 1450 . 1 ( election personal due to primaries ) ; $ 150 . 00 to A1450 . 4 ( elections contractual - primaries ) ; $ 4 , 400 . 00 to A1620 . 4 ( building contractual - roof ✓ epair ) ; $ 100 . 00 to A3510 . 11 ( dog clerk hours ) ; $ 32 . 50 to A3510 . 411 ( dog enumeration ) ; $ 200 . 00 to A5010 . 4 ( Hwy Supt contractual ) ; $ 6 , 000 . 00 to A5132 . 4 ( garage contractual - roof ✓ epair ) ; $ 75 . 00 to A5132 . 41 ( garage telephone ) ; $ 15 , 000 . 00 to A8030 . 4 ( research ) for a total transfer of $ 34 , 407 . 50 2nd Clm Oarlock Roll call vote - all voting Yes RESOLUTION # 236 TRANSFER R FUNDS FROM 88010 . 42 AND B3620 . 113 TO B8010 . 44 AND B3620 . 424 Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize the Supv to transfer $ 175 . 00 from 88010 . 42 ( postage ) to B8010 . 44 ( zoning legal ads ) and $ 150 . 00 from B3620 . 113 ( assistant ) to 83620 . 424 ( mileage ) E nd Clm Garlock Roll call vote - all voting Yes RESOLUTION # 237 TRANSFER FUNDS FROM EXCESS REVENUES ; DA2401_,L DA2 665 ; DA5120 . 1 ; DA5120 . 4 : DA5130 . 1 DA5140 . 1 ; DA5140 . 4L__DA5140 . 11 ; DA9010 . 8 L_DA9030 . 8 ; TO DA5130 . 2 ; DA5130 . 4 ; DA5142 . 1 ; DA5142 . 4 Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize the Supv to transfer from e xcess revenues $ 12 , 000 . 00 from DA2 401 ( interest ) ; $ 17 , 550 . 00 from DA2665 ( equipment sales ) ; $ 10 , 650 . 00 from DA5120 . 1 ( bridges personal ) ; $ 1 , 800 . 00 from DA5120 . 4 ( bridges contractual ) ; $ 12 , 00. 0 . 00 from DA5130 . 1 ( equipment personal ) ; $ 20 , 400 . 00 from D A5140 . 1 ( misc . personal ) ; $ 1 , 550 . 00 from DA5140 . 4 ( misc contractual ) ; $ 500 . 00 from DA5140 . 1 1 ( misc overtime ) ; $ 1 , 000 . 00 f rom DA9010 . 8 ( retirement ) ; and $ 2 , 550 . 00 from DA9O30 . 8 ( social ® security ) to the following accounts : $ 5 , 000 . 00 to DA5130 . 2 ( equipment ) ; $ 50 , 000 . 00 to DA5130 . 4 ( machinery repairs ) ; $ 15 , 000 . 00 to DA5142 . 1 ( snow personal ) ; and $ 10 , 000 . 00 to DA5142 . 4 ( snow contractual ) for a total transfer of $ 80 , 000 , 00 2nd Clm Oarlock Roll call vote - all voting Yes It'3 RESOLUTION # 238 TRANSFER FUNDS FROM EXCESS REVENUES IN DB3501 TO DB5112 . 210 ® Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize the Supv to transfer funds f rom excess revenues in DB3501 ( consolidated highway aid ) ; $6 , 480 . 00 to DB5112 . 210 ( road construction ) 2nd Clm Garlock Roll call vote - all voting Yes RESOLUTION #239 TRANSFER FUNDS FROM EXCESS REVENUES IN 6S3 - 2�120 : _S63 -2128 TO SS3 - 81 E0 . 4 Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize the Supv to transfer funds from excess revenues $ 19 , 475 . 00 from SS3 - 2120 ( sewer rents ) ; $2 , 525 . 00 from SS3 - 2128 ( penalties ) to SS3 - 8120 . 4 ( maintenance ) for a total of $ 22 , 000 . 00 transferred in Cortland Rd Sewer Dist . 2nd Clm Garlock Roll call vote - all voting Yes RESOLUTION # 240 TRANSFER FUNDS FROM EXCESS REVENUES IN SS2 - 2401 TO SS2 - 8130 . 4 & SS2 - 63120 . 4 Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize the Supv to transfer funds from excess revenues $ 4 , 500 . 00 from SS2- 2401 ( interest ) ; to ® SSE - 8130 . 4 ( maintenance contractual ) $ 2 , 000 . 00 ; and SS2 - 8120 . 4 ( source of supply contractual ) $2 , 500 . 00 in the Varna Sewer Dist . 2nd Clm Garlock Roll call vote - all voting Yes RESOLUTION # 241 TRANSFER FUNDS FROM EXCESS REVENUES IN SW2 - 2144 TO SW2 - 8320 . 4 & SW28340 . 4 Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize the Supv to transfer funds from excess revenues $ 900 . 00 from SW2 - 2144 ( water sales ) to S W2-8320 . 4 ( transmission contractual ) $400 . 00 and to SW2 - 8340 . 4 ( source of supply ) $ 500 . 00 in the Snyder Hill Water Dist . 2nd Clm Garlock Roll call vote - all voting Yes • RESOLUTION # 242 TRANSFER FUNDS FROM EXCESS REVENUES IN SW2401 TO SW1 -- 8340 . 4 Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize the Supv to transfer funds from excess revenues $ 5 , 000 . 00 from SW =' 40 1 ( interest ) to SW 1 - 8340 . 4 ( transmission contractual ) e nd Clm Garlock Roll call vote - all voting Yes • I • Atty Perkins - the Town Board can adopt a resolution nunc pro tune w ith regard to Resolution # 171 which was adopted September 13 , 1988 RESOLUTION # 171 After extensive discussion in executive session Clrn Evans offered the following resolution nunc pro tune and asked for its adoption ; RESOLVED , that this Dryden Town Board finds as follows : 1 - The Town of Dryden has requested from Cornell University e asements over approximately 3 acres of land for construction o f the original improvements of the Monkey Run Water District and the Monkey Run Sewer District . 2 - The easements are the minimum required for such public purposes . 3 - The easements do not require the acquisition of a fee interest only easements for underground water and sewer lines . 4 - The easements are for the most part along highways and will n ot interfere with the use of the remainder of the parcel owned by Cornell University . 5 - Cornell University owns thousands of acres in the vicinity o f the area where the interests are required and Fall Creek bisects the area of the district . 6 - The New York State Armory has been constructed and cannot o perate properly without the completion of the Monkey Run Water and Sewer Districts which will provide public water and sewer and fire protection . 7 - New York State Electric and Gas Corporation has announced plans for a major expansion of their offices within the Monkey ® Run Water District and Monkey Run Sewer District and need to utilize the facilities of the district for water and sewer services and fire protection . 8 -- Wilcox Press has announced plans to build a major manufacturing facility upon a tract located outside the Monkey Run Water and Monkey Run Sewer District which cannot be built w ithout the district facilities for water and sewer service and fire protection . 9 - Bids for the contracts have been advertised and will be o pened in September for the construction for the improvements and delaying construction would be expensive to the Town if bids are below costs estimates and delay would seriously jeopardize the project . 10 - Delay in construction would mean the delay of hook - up of businesses , the Armory , New York State Electric and Gas Corporation , Wilcox Press and ether customers who need public w ater and public sewer and fire protection . 11 - That the public interest would be prejudiced by the delay in the construction and the onset of winter weather and because of all of the foregoing and emergency situation exists . 12- That based on all the foregoing the acquisition of the interests in land are de minimus in nature AND BE IT FURTHER RESOLVED : that the Town of Dryden acquire by the procedures set forth in the Eminent Domain Procedure Law the e asements required from Cornell University . • End Clm Garlock Roll call vote - all voting Yes NEW BUSINESS ® Schedule Site Plan Review meeting and special Board meeting - Dec 20th at 12 noon Schedule end of year meeting and Board meeting - Dec 28th at 11 : 00AM I Schedule Organizational meeting -- Jan 3rd at 12 noon Adjourned 11 : 00PM ,G! / Susanne Lloyd Town Clerk i0 L _